Smith's Criminal Case Compendium
Table of Contents
Criminal Procedure
Indictment & Pleading Issues
Evidence
Arrest, Search, and Investigation
Criminal Offenses
Drug Offenses
State v. Monroe, 367 N.C. 771 (Jan. 23, 2015)
The court affirmed the decision below in State v. Monroe, 233 N.C. App. 563 (April 15, 2014) (holding, over a dissent, that even assuming arguendo that the rationale in United States v. Deleveaux, 205 F.3d 1292 (11th Cir. 2000), applies in North Carolina, the trial court did not err by denying the defendant’s request to give a special instruction on self-defense as to the charge of possession of a firearm by a felon; the majority concluded that the evidence did not support a conclusion that the defendant possessed the firearm under unlawful and present, imminent, and impending threat of death or serious bodily injury).