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State v. Harding

Citations

  • 813 S.E.2d 254
  • 258 N.C. App. 306

Syllabus

Jury instructions on unindicted first-degree kidnapping elements sentences for two assaults allegedly based on the same conduct motion to dismiss first-degree offense for insufficient evidence of serious personal injury lifetime registration and SBM Grady issue

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding that the assaults were separate and distinct because the evidence showed that the victim sustained injuries to different parts of her body
  • holding invited error doctrine did not apply where defendant “failed to object, actively participated in crafting [a portion of] the challenged instruction, and affirmed it was ‘fine’”
  • applying plain error review where the defendant “failed to object, actively participated in crafting the challenged instructions, and affirmed it was ‘fine’”
  • finding that the defendant’s decisions to grab the victim’s hair, throw her down the embankment, and repeatedly punch her face and head required a separate thought process than his decision to pin down the victim while she was on the ground and strangle her throat to quiet her screaming

Source: CourtListener parenthetical corpus (CC0).

Judges: Elmore

Read full opinion on CourtListener

Cited by

21 cases in this archive cite this case; the 20 most cited are listed.

Cites

6 cases in this archive are cited by this case.

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