Legal Opinion

State v. Burwell

Court of Appeals of North Carolina

Decided December 5, 2017No. COA17-89PublishedCited by 5 opinions

1Opinion of the Court

MURPHY, Judge.

*723 Mark Burwell ("Defendant") appeals from his judgments for assault on a law enforcement officer inflicting serious bodily injury and attaining habitual felon status. On appeal, Defendant argues the following: (1) the trial court erred by denying his Motion to Dismiss because he only used the amount of force reasonably necessary to resist an unlawful arrest; (2) the trial court erred or plainly erred by denying his Motion to Suppress and admitting evidence obtained as a result of an unlawful arrest; (3) the trial court erred or plainly erred by failing to instruct the jury on the…

2Cases cited25 opinions

  1. Whren v. United StatesSupreme Court of the United States · 1996
  2. Devenpeck v. AlfordSupreme Court of the United States · 2004
  3. State v. LawrenceSupreme Court of North Carolina · 2012
  4. State v. SmithCourt of Appeals of North Carolina · 2007
  5. State v. RoseSupreme Court of North Carolina · 1994

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

3Cited by5 opinions

  1. State v. CobbCourt of Appeals of North Carolina · 2020
  2. State v. CobbCourt of Appeals of North Carolina · 2020
  3. State v. NewbornCourt of Appeals of North Carolina · 2021
  4. State v. NewbornCourt of Appeals of North Carolina · 2021
  5. State v. WilliamsCourt of Appeals of North Carolina · 2023

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