State v. Reilly, 656A84
| Decision Date | 07 May 1985 |
| Docket Number | No. 656A84,656A84 |
| Citation | 313 N.C. 499,329 S.E.2d 381 |
| Court | North Carolina Supreme Court |
| Parties | STATE of North Carolina v. David Michael REILLY. |
Lacy H. Thornburg, Atty. Gen. by Newton G. Pritchett, Jr., Asst. Atty. Gen., Raleigh, for the State.
Scott E. Jarvis, Asheville, for defendant-appellant.
Defendant brought forward three questions to the Court of Appeals: (1) Was the evidence sufficient to be submitted to the jury on the question of defendant's guilt? (2) Did the trial court err in failing to give an instruction on how the jury should consider certain fingerprint evidence? (3) Did the trial court err in permitting certain questions relating to religious affiliation on cross-examination of defendant's alibi witnesses? Defendant attempts to bring forward these same three questions to this Court in his brief filed here.
The dissent in the Court of Appeals disagreed only with the majority's treatment of the second question presented to that court. Defendant did not petition this Court for discretionary review of the other questions. Defendant's appeal is grounded solely on the dissent in the Court of Appeals. Therefore, on this appeal, only the second question is properly before us for review, notwithstanding defendant's attempt to bring forward the first and third questions in his brief to this Court. App.R. 16(b).
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State v. Arnold
...(1988), and has failed to argue plain error. See State v. Reilly, 71 N.C.App. 1, 3, 321 S.E.2d 564, 566 (1984), aff'd, 313 N.C. 499, 329 S.E.2d 381 (1985) ("the brief must specifically and not obliquely, raise the issue"). Accordingly, she is barred from raising this assignment of error on ......
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State v. Gonderman
...M.J. 1 (1994); State v. Reilly, 71 N.C.App. 1, 321 S.E.2d 564 (1984), aff'd on other issues without addressing evidence issue, 313 N.C. 499, 329 S.E.2d 381 (1985). Here, the proffered testimony about Gonderman's religious beliefs was to show that his character rendered him incapable of comm......
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State v. Boyd
...(citation omitted) (second emphasis added)); State v. Reilly , 71 N.C. App. 1, 10-11, 321 S.E.2d 564, 570 (1984), aff'd , 313 N.C. 499, 329 S.E.2d 381 (1985) (holding it was not plain error for trial court to fail to give an unrequested instruction where "its absence had no probable impact ......
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Crewe v. Blackmon
...to be considered by the fact finder in appraising credibility. State v. Reilly, 71 N.C.App. 1, 321 S.E.2d 564 (1984), aff'd, 313 N.C. 499, 329 S.E.2d 381 (1985). We cannot say that the buyer failed to prove her case by clear and convincing evidence when she and both of her witnesses convinc......