Episode 22: Upchurch, Venable, and Moore
In this episode, Hyde and Holbrook discuss three cases decided by the North Carolina Court of Appeals on July 2 and July 16, 2025. In State v. Upchurch, No. COA24-460 […]
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In this episode, Hyde and Holbrook discuss three cases decided by the North Carolina Court of Appeals on August 6, 2025. In State v. Jenkins, No. COA24-889 (N.C. Ct. App. Aug. 6, 2025), the Court of Appeals construed the some-other-provision-of-law clause of G.S. 14-34.10 to preclude sentencing a defendant on his conviction for discharging a firearm within an enclosure to incite fear when the same conduct also resulted in another more serious conviction. In State v. Jones, No. COA24-503 (N.C. Ct. App. Aug. 6, 2025), the Court of Appeals concluded it was improper for the prosecutor to ask a witness on direct examination if he was telling the truth. And in State v. Wright, No. COA24-863 (N.C. Ct. App. Aug. 6, 2025), the Court of Appeals found no error in the trial court’s refusal to give an instruction on the defense of justification to possession of a firearm by a felon.
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