25 results for 'judge:"Flood"'.
J. Flood finds that defendant was improperly sentenced for both first-degree kidnapping and sexual offense charges following his conviction for rape of a person 15 years of age or younger because the jury had been instructed that defendant could only be convicted of the kidnapping charge based on sexual offense charges for which he was also convicted, which violated double jeopardy. However, the court properly declined to suppress evidence obtained under warrants in light of probable cause that included the victim's claims that defendant kidnapped her from her parent's home and raped her at his own residence. Meanwhile, the affidavit listed items to be seized, including electronics, which the affidavit linked to the illegal activity. Affirmed in part.
Court: North Carolina Court of Appeals, Judge: Flood, Filed On: April 2, 2024, Case #: COA23-832, Categories: Search, Sex Offender, Kidnapping
J. Flood finds that the trial court ruled properly in this challenge of a contract bid award to provide the state with electronic platform tracking liens and titles. The bidding company, eDealer Services, properly pleaded that the committee improperly applied the methodology used to determine "best value" when considering the bids. The trial court also had the authority to order the contract to be awarded to eDealer Services instead of remanding for further findings. Affirmed.
Court: North Carolina Court of Appeals, Judge: Flood, Filed On: March 19, 2024, Case #: COA23-680, Categories: Government, Contract
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J. Flood finds statements made by defendant's attorney during closing arguments about whether the use of a gun during a fight was excessive force did not constitute ineffective assistance. The attorney did not concede defendant's guilt but merely emphasized to the jury that his client could not be convicted of murder based on the facts of the case. Affirmed.
Court: North Carolina Court of Appeals, Judge: Flood, Filed On: October 3, 2023, Case #: COA23-90, Categories: Ineffective Assistance, Murder
J. Flood finds that the trial court properly declined to suppress evidence discovered during a traffic stop because the stop had been justified by the "very strong" odor of marijuana emanating from the vehicle as defendant drove down the street ahead of the officer's vehicle.
Court: North Carolina Court of Appeals, Judge: Flood, Filed On: September 19, 2023, Case #: COA22-997, Categories: Search
J. Flood finds the trial court properly dismissed the grandparents' action for custody of their grandchild. The mother's initial allowance of visitation and financial support did not grant them constitutionally protected status, given they were not in a romantic relationship or the parent of the child. Additionally, the death of the grandparents' son, the child's father, did not create a new family unit that would entitle them to custody, and because there are no allegations of abuse or neglect, they cannot bring claims for visitation or custody. Affirmed.
Court: North Carolina Court of Appeals, Judge: Flood, Filed On: September 5, 2023, Case #: COA23-163, Categories: Constitution, Evidence, Family Law
J. Flood finds that the trial court properly ruled in claims contending a consent order had been breached concerning a disputed lease agreement that contained a purchase option. The consent order constituted a court approved contract, and the court properly granted the sellers specific performance. Affirmed.
Court: North Carolina Court of Appeals, Judge: Flood, Filed On: June 7, 2023, Case #: COA22-825, Categories: Contract