DEANES

v.

NORTH CAROLINA

Citator

Cited By (17 total)

• State v. Townsend, 635 So. 2d 949 (Fla. 1994)
  …4 (1991); [*956] State v. Deanes, 323 N.C. 508, 374 S.E. 2d 249 (1988) (the unavailability of a child witness in a sexual abuse trial due to incompeteney adequately demonstrates the necessity for using the child’s hearsay declaration), cert, denied, 490 U.S. 1101, 109 S.Ct. 2455, 104 L.Ed.2d 1009 (1989); but see State v. Ryan, 103 Wash.2d 165, 691 P. 2d 197 (1984) (unavailability and incompetence are not the same because they serve different purposes; if a declarant is incompetent, then the statement is too…
• United States v. Sweeting, 933 F.2d 962 (11th Cir. 1991)
  …with appellant that this should count as only one conviction for purposes of sentencing, as it constitutes a single episode even though there were separate punishable acts. See United States v. Towne, 870 F. 2d 880, 889-90 (2nd Cir.), cert. denied, 490 U.S. 1101, 109 S.Ct. 2456, 104 L.Ed.2d 1010 (1989). The government notes that Anthony stipulated during trial that he had three prior felony convictions as outlined in the indictment. Because the government, Anthony Sweeting, and the judge understood that pr…
• United States v. Luskin, 926 F.2d 372 (4th Cir. 1991)
  …phrase to mean that the three prerequisite convictions must represent three “ ‘episodes’ of felonious criminal activity that are distinct in time, rather than literal convictions.” United States v. Towne, 870 F. 2d 880, 889 (2d Cir.), cert. denied, 490 U.S. 1101, 109 S.Ct. 2456, 104 L.Ed.2d 1010 (1989) (the court in Towne cites cases from several other circuits for the same proposition). In Towne, the defendant had been convicted twice of kidnapping and raping a woman. On both occasions, he had hitchhiked…