Legal Opinion

State v. Cousar

Court of Appeals of North Carolina

Decided June 3, 2008No. COA07-850PublishedCited by 2 opinions

1Opinion of the Court

STEELMAN, Judge.

The trial court did not err in its evidentiary rulings, in instructing the jury, or in entering judgment on the jury’s second-degree kidnapping verdict where the State proved restraint beyond that inherent in the underlying felony. The court did not err in sentencing defendant to consecutive sentences that were suspended with concurrent probationary periods.

I. Factual and Procedural Background

The evidence at trial tended to show that, shortly before midnight on 9 April 2006, Amanda Rush (hereinafter “Rush”) heard knocking at her apartment door. Rush, who is legally blind, at…

2Cases cited10 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Blockburger v. United StatesSupreme Court of the United States · 1931
  3. State v. FulcherSupreme Court of North Carolina · 1978
  4. State v. IrwinSupreme Court of North Carolina · 1981
  5. State v. GardnerSupreme Court of North Carolina · 1986

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3Cited by2 opinions

  1. State v. TincherCourt of Appeals of North Carolina · 2019
  2. State v. CousarSupreme Court of North Carolina · 2008

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