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Supreme Court of North Carolina· 12/7/2018

State v. Malachi

Citations

  • 821 S.E.2d 407
  • 371 N.C. 719

Syllabus

Appeal from defendant's convictions for possession of a firearm by a convicted felon and attaining habitual felon status whether the trial court committed prejudicial error by instructing the jury concerning the doctrine of constructive possession.

How courts have described this case

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

  • holding that the trial court’s error was subject to the harmless error standard of review where the defendant lodged an objection at trial
  • holding that the trial court’s error was subject to the harmless error standard of review where the defendant lodged an objection at trial
  • holding that trial court’s error in instructing the jury that it could find the defendant guilty of possession of a firearm based on constructive possession did not prejudice the defendant under N.C.G.S. § 15A-1443(a)
  • holding that trial court’s error in instructing the jury that it could find the defendant guilty of possession of a firearm based on constructive possession did not prejudice the defendant under N.C.G.S. § 15A-1443(a)
  • noting that although defendants are not -8- STATE V. HICKS Barringer, J., dissenting entitled to “perfect” trials, they are entitled to “fair” ones (quoting State v. Ligon, 332 N.C. 224, 243 (1992))
  • reiterating the holding in Bindyke that the presence of an alternate during deliberations is per se reversible

Source: CourtListener parenthetical corpus (CC0).

Judges: Ervin, Morgan

Read full opinion on CourtListener

Cited by

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

Cites

16 cases in this archive are cited by this case.

Other cases named State v. Malachi

11 other CourtListener records share this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.