By North Carolina Judicial Branch
State of N. Carolina v. James Harry Hinman
failure to file supporting affidavit evincing facts showing constitutional violation constituting waiver of constitutional issues; however, assuming arguendo there was no waiver, trial court's findings and conclusions reflected correct consideration of defendant's due process arguments; use of deception by officers did not render defendant's statements involuntary; defendant did not unequivocally invoke his right to counsel; trial court did not err in submitting the case to the jury where the evidence supported the charge given to the jury
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Summary
failure to file supporting affidavit evincing facts showing constitutional violation constituting waiver of constitutional issues; however, assuming arguendo there was no waiver, trial court's findings and conclusions reflected correct consideration of defendant's due process arguments; use of deception by officers did not render defendant's statements involuntary; defendant did not unequivocally invoke his right to counsel; trial court did not err in submitting the case to the jury where the evidence supported the charge given to the jury