State v. Smith, 736 S.E.2d 847
Feb 05, 2013OUTCOME: Denied Appeal
Defendant appealed his convictions for resisting, delaying, or obstructing a public officer and indecent exposure. For the following reasons, we find no error in his trial.
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OUTCOME: Denied Appeal
Defendant appealed his convictions for resisting, delaying, or obstructing a public officer and indecent exposure. For the following reasons, we find no error in his trial.
OUTCOME: Judgment vacated and remanded for a new sentencing hearing.
Appeal of trial court's determination pursuant to N.C. Gen.Stat. § 14-50.25 that the offenses involved criminal street gang activity outside of defendant's presence and without giving him an opportunit ... y to be heard.
OUTCOME: On remand
This appeal presents the question of whether a defendant subjected to police questioning in a hospital emergency room after he sought treatment for a gunshot wound was “in custody,” triggering the prot ... ections of Miranda v. Arizona, 384 U.S. 436, 441, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).