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https://www.sog.unc.edu/resources/microsites/indigent defense education

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Hodari D. andS v. Mangum, p. 3

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“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.

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•WasWilson seized by the officer when he stoppedhis 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 indicatedWilson had to stop• Wilson was in truck and could have driven around policecar

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• Reasonable Suspicion

• Innocent Factors

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ODonnell v. Harris County

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Preserve the record! Please.

Walker, p. 57; Malachi, p. 54

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NoObjection Objection

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for example, by failing to inflict a serious injury

State v. Floyd, NCSC, p. 40

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• Court of appeals takesanother look atretrograde extrapolationtestimony

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• 7 hour delay between arrestand initial appearance

• Ct: Defendant cannot showprejudice

• Advised of implied consent andMiranda rights

• Did not exercise right to havewitnesses or attorney present

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• 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

“offense”

“guilty”

offenseconditions

offenseconditions present

“punishable”recidivist

• Defendant “punished”as felony if recidivist

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•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 aweapon into occupied property

• Merger rule may bar felony murder charges if defendantcommits one assault crime against one victim, killingvictim

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