By North Carolina Judicial Branch
State v. Orr
Admission of recording over North Carolina Evidence Rule 403 objection; failure to find mitigating factors when sentencing in the presumptive range; trial court interrupting defendant's testimony to ask clarifying question pursuant to North Carolina Evidence Rule 614(b); admission of irrelevant evidence during habitual felon phase of sentencing hearing.
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Summary
Admission of recording over North Carolina Evidence Rule 403 objection; failure to find mitigating factors when sentencing in the presumptive range; trial court interrupting defendant's testimony to ask clarifying question pursuant to North Carolina Evidence Rule 614(b); admission of irrelevant evidence during habitual felon phase of sentencing hearing.