Legal Opinion

State v. Harvell

Court of Appeals of North Carolina

Decided September 5, 2014No. COA14-228PublishedCited by 4 opinions

1Opinion of the Court

HUNTER, JR., Robert N., Judge.

Montice Terrill Harvell (“Defendant”) appeals from a judgment sentencing him as a habitual felon for felony breaking and entering and felony larceny. Defendant argues that the trial court erred by denying his motion to suppress the show-up identification and by giving a flight instruction to the jury. Defendant also argues that the trial court violated statutory mandate by responding to a jury question regarding the distinction between “taking” and “carrying away” without affording counsel an opportunity to be heard before answering the jury’s inquiry. For the…

2Cases cited17 opinions

  1. State v. OdomSupreme Court of North Carolina · 1983
  2. State v. CookeSupreme Court of North Carolina · 1982
  3. State v. WilliamsSupreme Court of North Carolina · 2008
  4. State v. GolphinSupreme Court of North Carolina · 2000
  5. State v. OliverSupreme Court of North Carolina · 1981

12 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. State v. GibsonCourt of Appeals of North Carolina · 2021
  2. State v. GibsonCourt of Appeals of North Carolina · 2021
  3. State v. RouseCourt of Appeals of North Carolina · 2022
  4. State v. RouseCourt of Appeals of North Carolina · 2022

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