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State v. Debiase

Supreme Court of North Carolina
May 1, 2011
211 N.C. App. 497 (N.C. 2011)
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Summary

holding that the mandatory presumption of deadly weapon malice was converted to a permissible inference when the defendant presented "evidence concerning the reason for which, manner in which, and circumstances under which he used" the deadly weapon

Summary of this case from State v. Lail
See 5 Summaries

Opinion

No. 191P11-1

23 May 2011

ORDER

The following order has been entered on the motion filed on the 23rd of May 2011 by State of NC for Temporary Stay:

"Motion Allowed by order of the Court in conference, this the 23rd of May 2011."

Summaries of

State v. Debiase

Supreme Court of North Carolina
May 1, 2011
211 N.C. App. 497 (N.C. 2011)

holding that the mandatory presumption of deadly weapon malice was converted to a permissible inference when the defendant presented "evidence concerning the reason for which, manner in which, and circumstances under which he used" the deadly weapon

Summary of this case from State v. Lail

In Debiase, the defendant was convicted by a jury of second degree murder after the trial court instructed on the charges of second degree murder and voluntary manslaughter.

Summary of this case from State v. Hunter

In Debiase, factual accounts varied as to the occurrences resulting in the victim's fatal wound, and the jury had to determine whether the defendant acted intentionally in inflicting the wound.

Summary of this case from State v. Brichikov

In Debiase, the defendant and the victim argued, and the defendant attacked the victim with a beer bottle and hit the victim multiple times in the head.

Summary of this case from State v. Brichikov

In Debiase, defendant and the victim, guests at a party, got into an altercation, which concluded with defendant striking the victim with a bottle, inflicting an injury from which the victim eventually died.

Summary of this case from State v. Epps
Case details for

State v. Debiase

Case Details

Full title:State v. Robert Frank Debiase

Court:Supreme Court of North Carolina

Date published: May 1, 2011

Citations

211 N.C. App. 497 (N.C. 2011)
708 S.E.2d 716

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