State v. Oliver

2 Citing cases

  1. State v. Bishop

    241 N.C. App. 545 (N.C. Ct. App. 2015)   Cited 3 times   2 Legal Analyses
    Finding North Carolina's cyber-bullying statute "is not directed at prohibiting the communication of thoughts or ideas via the Internet. It prohibits the intentional and specific conduct of intimidating or tormenting a minor. This conduct falls outside the purview of the First Amendment."

    "[I]t is defendant's burden to show prejudice from the admission of evidence." State v. Oliver, 210 N.C.App. 609, 615, 709 S.E.2d 503, 508 (citation omitted), disc. review denied, 365 N.C. 206, 710 S.E.2d 37 (2011). In order to show prejudice, a defendant must show that "a different result likely would have ensued had the evidence been excluded."

  2. State v. Crockett

    238 N.C. App. 96 (N.C. Ct. App. 2014)   Cited 7 times
    Observing that willfulness often must be inferred circumstantially

    Further, it is the defendant's burden to show prejudice from the admission of evidence." (citations and quotation marks omitted)), disc. review denied, 365 N.C. 206, 710 S.E.2d 37 (2011). The State presented additional evidence at trial that showed Defendant did not live at 945 North College Street, indicating that he had changed his address and failed to notify the Mecklenburg County Sheriff's Office.