7/20/2017 https://www.sog.unc.edu/resources/microsites/indigent - PDF document

7/20/2017 https://www.sog.unc.edu/resources/microsites/indigent � defense � education 1

7/20/2017 Hodari D . � and � S � v. � Mangum , � p. � 3 2

7/20/2017 “A Fourth Amendment violation would likely have occurred if Lt. Andrews had stopped defendant’s vehicle based solely on the tip.” Slip op. at 26. 3

7/20/2017 • Was � Wilson � seized � by � the � officer � when � he � stopped � his � truck? • Court � of � appeals: �� No, � he � was � not � seized. • Officer � was � alone • He � did � not � draw � his � weapon • Lights � and � siren � off • No � language � or � tone � that � indicated � Wilson � had � to � stop • Wilson � was � in � truck � and � could � have � driven � around � police � car 4

7/20/2017 • Reasonable � Suspicion • Innocent � Factors 5

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7/20/2017 ODonnell v. � Harris � County 7

7/20/2017 Walker , � p. � 57; �� Malachi, � p. � 54 Preserve � the � record! Please. 8

7/20/2017 No � Objection Objection 9

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7/20/2017 for � example, � by � failing � to � inflict � a � serious � injury State � v. � Floyd, � NCSC, � p. � 40 11

7/20/2017 • Court � of � appeals � takes � another � look � at � retrograde � extrapolation � testimony � 12

7/20/2017 • 7 � hour � delay � between � arrest � and � initial � appearance � • Ct: �� Defendant � cannot � show � prejudice • Advised � of � implied � consent � and � Miranda rights • Did � not � exercise � right � to � have � witnesses � or � attorney � present 13

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7/20/2017 • Just � visiting • Didn’t � know � about � presence � of � weed • No � possessory � interest � in � house • No � payment � for � upkeep • No � key � to � house • No � fingerprints � on � contraband • No � incriminating � evidence � on � person punishable � “punishable” � “offense” offense � recidivist conditions � • Defendant � “punished” � as � felony � if � recidivist “guilty” � offense � conditions � present 16

7/20/2017 • Defendant � fired � a � single � shot � into � a � car � at � close � range, � killing � the � victim. • Is � this � felony � murder? • Yes, � says � court � of � appeals • Merger � rule � does � not � apply • No � exception � to � felony � murder � rule � for � discharging � a � weapon � into � occupied � property � • Merger � rule � may � bar � felony � murder � charges � if � defendant � commits � one � assault crime � against � one � victim, � killing � victim 17

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