Legal Opinion

State v. Banks

Court of Appeals of North Carolina

Decided March 1, 2011No. COA09-1150PublishedCited by 22 opinions

1Opinion of the Court

STEELMAN, Judge.

Where the State produced substantial circumstantial evidence supporting each essential element of the offense and that defendant committed the offense, the trial court did not err in denying defendant’s motion to dismiss based upon the sufficiency of the evidence. Constitutional issues, which are not raised at trial, will not be considered for the first time on appeal. A party may impeach its own witness where the witness admitted making a prior handwritten statement and testified that she could not remember making certain parts of the statement. The jury is presumed to follow…

2Cases cited57 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. United States v. CronicSupreme Court of the United States · 1984
  3. McMann v. RichardsonSupreme Court of the United States · 1970
  4. State v. SmithSupreme Court of North Carolina · 1980
  5. State v. EarnhardtSupreme Court of North Carolina · 1982

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

3Cited by22 opinions

  1. State v. BestCourt of Appeals of North Carolina · 2011
  2. State v. CarverCourt of Appeals of North Carolina · 2012
  3. State v. GettysCourt of Appeals of North Carolina · 2015
  4. State v. MasonCourt of Appeals of North Carolina · 2012
  5. State v. PatelCourt of Appeals of North Carolina · 2011

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

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