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infowindtech57 · 6 months ago

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Best Android App Development Company In India

Do you want to hire the best android app developer in India? The greatest Android app development services are essential for revolutionary app development, so selecting the appropriate partner is crucial. Experience exceptional expertise with our top Android app service providers. The global mobile application market size was $206.85 billion in 2022 and is anticipated to rise 13.8% to $567.19 billion from 2024 to 2030. Our innovative mobile solutions revolutionise app development tactics, guaranteeing your project surpasses expectations. We're one of the best Android app development firms, delivering custom solutions with a team of experts. Are you ready for excellence? Explore the options, hire the top mobile app developers, and learn successful mobile app development strategies. ⦁ Infowind Technologies

Infowind Technologies has helped in shaping the mobile app development landscape in the last decade by creating the tech rich apps that have boosted the customer business. With 60+ apps being tailored, they have been a part of the transformative journey that offers a lot to the startups, SME and MNC’s. The high performance native android apps designed and developed by Infowind are successfully live at the Play Store generating a huge amount of revenue. Making effective use of the resources, faster time-to-market, and cost effectiveness are some of their USP’s to ace the software development market.

⦁ ITRex ITRex best android app development company in India provides technology consulting and software development worldwide. Since 2009, the firm has provided 500+ industry-specific solutions to Procter & Gamble, JibJab, TASC, PotentiaMetrics, Hyginex, Dun & Bradstreet, DogVacay, DealMe, Dollar Shave Club, and others. ITRex specialises in the Internet of Things, Big Data, Advanced Analytics, AI and ML, AR/VR, and RPA in Retail and eCommerce, Healthcare and Biotech, Education, and eLearning.

⦁ Konstant Infosolutions Konstant Infosolutions is a reputed app development organisation that pioneers world-class apps for diverse industries. Their speciality is industry-wide customer satisfaction and improvement. They have expertise in all major technologies and are willing to adapt to changing technological needs. Applications are developed with timely delivery and budget in mind.

⦁ Dot Com Infoway Dot Com Infoway develops and markets award-winning mobile apps in India. From idea to business consultancy, market research, development, testing & quality analysis, marketing, server and customer support, Dot Com Infoway offers everything. As a leading Mobile App Development Agency with 20+ years of expertise, they know what it takes to create an engaging app that captures customers' hearts and minds.

⦁ Evon Technologies Evon Technologies is a prominent mobile app development firm with 250+ technology enthusiasts and evangelists who design, customise, and integrate sophisticated enterprise-level, advanced online, and mobile applications. Their headquarters is in Dehradun, India's Himalayan foothills. Evon Technologies provides cutting-edge IT consultation and development to startups and SMEs.

⦁ Solution Analysts Solution Analysts is a top mobile app developer in India and the US. Solution Analysts develop corporate, startup, on-demand, and healthcare mobile applications. Their experience stems from designing mobile apps to meet our clients' needs and promising to exceed expectations.

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⦁ Cumulations Technologies Cumulations Technologies is a leading Indian mobile app developer and IoT solutions provider. They have successfully launched Android, iOS, IoT, and Flutter applications for startups and large enterprises since 2012. Their home automation, multimedia, healthcare, smart lighting, and vehicle tracking devices are excellent. They go the additional mile for each customer because they respect their trust.

⦁ Arthonsys Technologies International online and mobile app developer Arthonsys Technologies has offices in India and the US. To change development tendencies, the creative and progressive IT hub was founded in 2016. The organisation aims to deliver high-quality IT services at affordable prices.

⦁ Design O web

Design O Web is a rapidly growing mobile app development company in the US. Their clients include major companies, SMBs, and financed startups. The 2014-founded company operates in the US, Australia, and Turkey. Since its founding, they have completed over 300 successful online and mobile app projects for startups and organisations.

⦁ DianApps DianApps is a renowned mobile, web, and react app developer worldwide. Since its founding in 2017, the firm has grown, earned end-to-end competence with new technologies, and delivered groundbreaking products and services, becoming a prominent US and international app development company.

Conclusion

So hire the top android app development company, evaluate every queue to guarantee a smooth ride and provide long-term technical support, updates, and problem fixes after launch

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imr-riya · 2 years ago

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Smart Education Infrastructure Market: Global Industry Trends, Share, Size, Growth, Opportunity and Forecast 2022-2028

Smart Education Infrastructure Market is expected to grow at a significant growth rate, and the analysis period is 2022-2028, considering base year as 2021.

The development of new technologies in the educational sector enables students to learn more, efficiently, flexibly, and comfortably. Students use smart devices to access digital resources through a wireless network and to submerge in both personalized and seamless learning experiences. The smart education concept provides an enriching learning experience in the digital era and gained popularity and increased attention from educational institutions as well as from students. Intelligent technologies like cloud computing, learning analytics, big data, IoT, and wearable technology promote the rise of smart education practices. Cloud computing, learning analytics, and big data emphases on how learning data can be captured, analyzed, and streamline towards improving learning and teaching experience and supporting the growth of personalized and adaptive learning due to exponential development in smart education infrastructure.

The income earned from the sale of This Study and technologies by various application industries is considered in the report. This section also includes an analysis of global production volume and production volume by type for the projection period. Factors that influence market growth are important because they may be used to design diverse strategies for capturing the lucrative possibilities that exist in the ever-growing industry. In addition, market expert perspectives have been incorporated to better understand the industry.

To learn more about this report, request a free sample copy:

https://introspectivemarketresearch.com/request/14655

Key Industry Players in Smart Education Infrastructure Market:

· IFLYTEK

· Shiyuan shares (Shiwo)

· Topview Information

· Honghe Technology

· Jiafa Education

· Tianyu Information

· NewCapec

· TASC Software Solutions Ltd

· Edmodo

· Honghe Technology and other major players.

Increasing employment is one of the key drivers supporting the smart education market growth. Educational institutions are increasingly adopting advanced learning methodologies such as smart education to sharpen the employment prospects of students. The global workforce requirement scenario is facing issues of demand and supply gap, as graduate and post-graduate students lack industry-specific skills and hence, require training. As a result, institutions are focusing on imparting industry-related skills to students so that they can be competent as per industry requirements. The increased demand for education technology products can be attributed to the greater emphasis laid on STEM-based education.

Segmentation Analysis Includes,

By Type:

· IaaS

· SaaS

· PaaS

By Application:

· School Management System

· APPs For Online Course

By Region:

· North America (U.S., Canada, Mexico)

· Europe (Germany, U.K., France, Italy, Russia, Spain, Rest of Europe)

· Asia-Pacific (China, India, Japan, Singapore, Australia, New Zealand, Rest of APAC)

· Middle East & Africa (Turkey, Saudi Arabia, Iran, UAE, Africa, Rest of MEA)

· South America (Brazil, Argentina, Rest of SA)

Will you have any doubt about this report? Please contact us on:

https://introspectivemarketresearch.com/inquiry/14655

Table of Content:

Chapter 1: Introduction

1.1 Research Objectives

1.2 Research Methodology

1.3 Research Process

1.4 Scope and Coverage

1.4.1 Market Definition

1.4.2 Key Questions Answered

1.5 Market Segmentation

Chapter 2: Executive Summary

Chapter 3: Growth Opportunities By Segment

3.1 By Type

3.2 By Application

Chapter 4: Market Landscape

4.1 Porter's Five Forces Analysis

4.1.1 Bargaining Power of Supplier

4.1.2 Threat of New Entrants

4.1.3 Threat of Substitutes

4.1.4 Competitive Rivalry

4.1.5 Bargaining Power Among Buyers

4.2 Industry Value Chain Analysis

4.3 Market Dynamics

3.5.1 Drivers

3.5.2 Restraints

3.5.3 Opportunities

3.5.4 Challenges

4.4 Pestle Analysis

4.5 Technological Roadmap

4.6 Regulatory Landscape

4.7 SWOT Analysis

4.8 Price Trend Analysis

4.9 Patent Analysis

4.10 Analysis of the Impact of Covid-19

4.10.1 Impact on the Overall Market

4.10.2 Impact on the Supply Chain

4.10.3 Impact on the Key Manufacturers

4.10.4 Impact on the Pricing

Continue…

The study highlights current market trends for Smart Education Infrastructure and also provides the future trends that will impact the demand. Year-on-year growth rates are also provided for each segment covered in the global Smart Education Infrastructure market report. The report also analyzes the market from production perspective and includes raw material cost analysis, technology cost analysis, labor cost analysis, and cost overview for the Smart Education Infrastructure market.

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https://introspectivemarketresearch.com/checkout/?user=1&_sid=14655

Smart education infrastructure is a solution integrated with emerging technologies such as ubiquitous computing, augmented reality, and others. The smart education infrastructure provides students and teachers a new type of collaboration. Developed infrastructure such as large display, real-time communication, intelligent software, and many more. The development in the education sector, along with an increase in funding from the government is generating huge growth opportunities in the market.

Related Report: -

https://introspectivemarketresearch.com/reports/personality-assessment-solutions-market/

https://introspectivemarketresearch.com/reports/collaboration-software-market/

https://introspectivemarketresearch.com/reports/iot-development-tools-market/

About us:

Introspective Market Research (introspectivemarketresearch.com) is a visionary research consulting firm dedicated to assisting our clients to grow and have a successful impact on the market. Our team at IMR is ready to assist our clients to flourish their business by offering strategies to gain success and monopoly in their respective fields. We are a global market research company, that specializes in using big data and advanced analytics to show the bigger picture of the market trends. We help our clients to think differently and build better tomorrow for all of us. We are a technology-driven research company, we analyze extremely large sets of data to discover deeper insights and provide conclusive consulting. We not only provide intelligence solutions, but we help our clients in how they can achieve their goals.

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#Global Smart Education Infrastructure Market Smart Education Infrastructure Market Size Smart Education Infrastructure Market Share Sma

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ankitkumarapp058 · 2 years ago

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AP Biology Practice

AP Biology Practice,sat math,SAT app,Assignment,AP Biology exam,Assignment app,Advance Placement,English Tutor,ACT Tutor,tutor Science,online sat tutor,IB Physics,Algebra Prep,AP Biology Practice,ielts tutor,TASC Practice Test

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marketresearchblogimr · 2 years ago

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Smart Education for Smart Cities: Visual, Collaborative

The worldwide Smart Education Infrastructure market is expected to grow at a booming CAGR of 2022-2028, rising from USD billion in 2022 to USD billion in 2028. It also shows the importance of the Smart Education Infrastructure market main players in the sector, including their business overviews, financial summaries, and SWOT assessments.

The size of the Smart Education Infrastructure Market is expected to increase significantly and experience a substantial CAGR over the forecast period, 2022-2028. It is believed that the growth of the market can be attributed to the growing demand for Smart Education Infrastructure Market Applications globally. The report highlights the lucrative opportunities in the Smart Education Infrastructure Market at a country-level. Furthermore, the report provides a detailed analysis of the cost, segments, trends, region, and commercial development of the most prominent key players around the globe for the projected period.

The new report published by Introspective market research provides an assessment of varying competitive market attributes and elements such as market definition, dynamics, research methodology, market segments, and competitive landscape. The report also includes information on the Market Analysis & Product Development Platform, which evaluates the current state of the market and plans for its growth and expansion in the future

This Report covers about:

Historical data

Revenue forecasts, CAGR and growth rates up to 2028

Industry Analysis

Competitive Analysis

Key geographic growth data

In-depth profiling of Key Player's Companies

Download Exclusive Sample Report Brochure:

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The major players in the market are

IFLYTEK, Shiyuan shares (Shiwo), Topview Information, Honghe Technology, Jiafa Education, Tianyu Information, NewCapec, TASC Software Solutions Ltd, Edmodo, Honghe Technology

Smart Education Infrastructure Market Segmentation

Introspective market research has segmented the Global Smart Education Infrastructure Market On the basis of Type, Application, and Geography.

Smart Education Infrastructure Market Segment by Types, Estimates, and Forecast by 2028

IaaS, SaaS, PaaS

Smart Education Infrastructure Market Segment by Applications, Estimates, and Forecast by 2028

School Management System, APPs for Online Course

Regional Analysis

The base on geography, the world market of Smart Education Infrastructure has been segmented as follows:

North America includes the United States, Canada, and Mexico

Europe includes Germany, France, UK, Italy, Spain, Russia, and the Rest of Europe

South America includes Brazil, Argentina, Nigeria, Chile, and South America

The Asia Pacific includes Japan, China, South Korea, Australia, India, Rest of Europe

This Smart Education Infrastructure Market report includes the estimation of market size for value (million USD) and volume (K Units). Both top-down and bottom-up approaches have been used to estimate and validate the market size of the Smart Education Infrastructure market, and to estimate the size of various other dependent submarkets in the overall market. Key players in the market have been identified through secondary research, and their market shares have been determined through primary and secondary research. All percentage shares split, and breakdowns have been determined using secondary sources and verified primary sources.

Vendor insights consist of the following:

Profile of the company

SWOT analysis

Information about the market

Market share

Revenue, pricing and gross margin

#Smart Education Infrastructure Market size #Smart Education Infrastructure Market share #Smart Education Infrastructure Market forecast #Smart Education Infrastructure Market analysis #Smart Education Infrastructure industry #Smart Education Infrastructure industry size

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xtruss · 3 years ago

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Source Images: Klaus Vedfelt/Getty; Sean Gladwell/Getty

On Ukrainian War TikTok, Even Experts Struggle To Distinguish Truth From Hoaxes

A new report from Harvard researchers explains why Ukrainian war misinformation spreads in such a dangerous way on TikTok.

— Saturday March 12, 2022 | Fast Company | By Mark Sullivan

A new report from Harvard researchers finds that TikTok remains a rich source of misinformation and disinformation about Ukraine—and explains why it spreads so easily.

The same tools and features that have brought the funny (and sometimes the genius) out of regular people on TikTok can also be used to manipulate content to spread misinformation at scale, the research suggests.

The report, called “TikTok, The War on Ukraine, and 10 Features That Make the App Vulnerable to Misinformation,” comes from the Technology and Social Change project (TaSC) at Harvard’s Shorenstein Center, which is led by noted misinformation researcher Joan Donovan.

The Harvard group began monitoring and cataloging TikTok posts about Ukraine on Feb 24, 2022, the day Russia invaded the country. As of March 9, TikToks tagged #ukraine had been viewed 26.8 billion times, the researchers note.

It’s often hard for users, even seasoned journalists, to discern the difference between truth and rumor on TikTok, say the researchers. “We’re all familiar with tools used to manipulate media, such as deepfakes, but this app is unique in that it has a built-in video editing suite of tools that one could argue encourages users to manipulate the content they’re about to upload,” research fellow Kaylee Fagan, one of the authors of the report, tells Fast Company. “And the app really does encourage the use of repurposed audio, so people can fabricate an entire scene so that it looks like it may have been captured in Ukraine.”

Plus, it’s very hard to track the original source and date of the original video or soundtrack. Compounding the problem is the fact that users are practically anonymous on TikTok. “Anyone can publish and republish any video, and stolen or reposted clips are displayed alongside original content,” the researchers wrote.

The Harvard researchers also note that while TikTok has shut off its service for Russian users, you can still find propaganda from the accounts of state-controlled media, such as RT, on the app. You can also find pro-Russia videos posted by people living outside of Russia, the report stated.

The reason this is all so worrisome is not that misleading TikToks often get wide exposure. But because both misinformation (in which users unwittingly publish falsehoods) and disinformation (in which operatives post falsehoods to manipulate public opinion) make it hard for the public to differentiate between true and legitimate and false and misleading narratives about an event, such as an invasion. As the weeks go by, people grow tired of trying to dismiss the lies and find the truth. Exhausted and confused, they become politically neutralized.

Propagandists don’t have to prove a point or win over majorities, they simply have to spread a critical mass of doubt. As the researchers put it: “[T]hese videos continue to go viral on TikTok, raking in millions of views. This results in a ‘muddying of the waters,’ meaning it creates a digital atmosphere in which it is difficult—even for seasoned journalists and researchers—to discern truth from rumor, parody, and fabrication.”

The Harvard report comes as another massive social platform, Facebook, finds itself embroiled in another content-moderation controversy. Reuters reported Thursday that Facebook would alter its community conduct rules for users in Ukraine, allowing them to post death threats against Russian soldiers. The company didn’t deny the report, and struggled to explain the policy. On Friday, Russian authorities called for Facebook’s parent company Meta to be labeled an extremist organization, and announced plans to restrict access to Meta’s Instagram app in Russia.

Meta founder and CEO Mark Zuckerberg once hoped to take a hands-off approach moderating speech on the Facebook platform, even insisting that politicians should be able to lie in Facebook ads. But his free-speech ideal (which also happens to entail a much lighter content-moderation lift for Facebook) has proven harmful, forcing the company to increasingly restrict certain kinds of speech on its platform, including misinformation about the coronavirus and COVID-19 vaccines.

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saffiregirl · 7 years ago

Photo

I am so, so fucking excited to move. All I have thought about since getting into PSU, is how different and good everything will be so soon, I literally cannot believe this is my life. I have only dreamed of living in the pnw my whole entire life and now it's about to come true, like what?!?!? I have wanted this more than anything and it seems almost too good to be true but whatever, I’m so happy. I’m so fucking lucky. After what has seemed like a year from absolute hell, this is just such a refresher. There are only good things to come!

Wednesday: My 21st birthday

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unfurladmin-blog · 8 years ago

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College Based Student Networking Site, Student learning network | Unfurl

Posted by: Ajay Singal, December 23, 2016

As faculty who has been among students for quite some time, I often feel what makes a student industry-ready (or place-able as some would call). Is it responsibility of education system right from school to professional college or student himself in creating on(off)-campus experiences? Many of us have been part of the race to do well in various competitive examinations, secure admission to top ranking colleges that will land us in secured well-paying jobs.

Anecdotal evidence reveals that current education system is geared to prepare textually and leaves too much in the hands of students to experience and learn. Colleges are to be blamed partially for it because they exercise little focus and accountability in achieving the intended student outcomes. While growing up as teens, many had several unanswered questions and ideas that called for constant guidance and nurturing. Absence of well-trained, right skilled counselors in schools/colleges made that impossible to do and achieve.

Advancement in digital technologies has provided an opportunity to take up that challenge and offer a solution to school and colleges. Digital induced disruption is happening in the education industry. TASC (technology, analytics, social media and cloud) platform is an opportunity to overcome the shortcoming of old education systems. Education providers must move faster to adopt TASC to align education processes and delivery. There are many edu-tech startups who are redefining the meaning of education and creating a whole new digital economy out of it. One such digital platform that is riding the wave to cause disruption is Unfurl Technologies.

Unfurl Technologies - a team of technocrats - deliberated and came up with an technology based alternative, UnfurlMinds, to address some of the issues faced by current education system. It imbibed a vision of creating a knowledge ecosystem of participants (students) joining hands with other participants to make learning easier, fun-filled and relevant to future careers. It is a semi-structured networking platform in the sense that it is neither a formal professional network nor a wispy social media. UnfurlMinds operates both on the web and as a mobile based app to provide an integrated, user-friendly platform for students, teachers, employers and parents to connect.

Students get a non-fee based platform to showcase their talents that are not easier to get noticed. They can write blogs share ideas, notes and get connected with alumni who are also on this knowledge sharing network. It makes a student industry-ready by providing an opportunity to connect with the professionals in a right away. The importance of good CV is known to all, the good CV can be built by gaining practical experience and demonstrable skills. Therefore, connecting to the prospective employers to get short term projects, internships and freelance jobs is the key.

It is a widely accepted knowledge that companies prefer good communicators. If a student flunks due to poor communication skills, it is embarrassment to both sides. UnfurlMinds gives a chance to employers to know beforehand, hobbies, interests, skills of prospective employees. They can even organize regular events to attract the candidates possessing the required skill sets.

Teachers can administer assignments, take attendance online and hence, the student don't get a chance to excuse the class. Such features are of a great help in terms of managing the school/college system. Many colleges were left behind in putting proper ERP systems to use. With the app, college can virtually connect to teachers, students , classrooms and the classes.Using analytics colleges can profile the skill needs to identify the gaps and keep their students industry relevant.

In future, many edu-tech startups will start offering fee based services to build revenues. Here are a couple of ideas to monetize and create scalable digital platforms: advertisement revenues from other educational service providers; analytics based services; offering contingent digital services (gig based models); and a marketplace of student focused knowledge sharing by collaborating partners. Existing (brick & mortar) education providers can no longer ignore these upstarts. https://www.unfurl.in/site/blogs/education_in_the_age_of_technology

#Skill development network #Student network India #Skill development India

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marymosley · 5 years ago

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Case Summaries – Supreme Court of the United States (April 20, 2020) and N.C. Court of Appeals (April 21, 2020)

This post summarizes an opinion issued by the Supreme Court of the United States on April 20, 2020, and opinions issued by the Court of Appeals of North Carolina on April 21, 2020.

The Sixth Amendment establishes a right to a unanimous jury verdict that applies to the state courts.

Ramos v. Louisiana, ___ U.S. ___ (2019). the Supreme Court reversed a Louisiana state court and held that the Sixth Amendment gives defendants a right to a unanimous jury verdict that applies to the states. The defendant was convicted of murder in 2016 based on a 10–2 jury verdict, which was a sufficient basis for conviction under then-existing Louisiana state law. (Oregon is the only other state that allows convictions based on nonunanimous verdicts.) Justice Gorsuch wrote a majority opinion joined in full by Justices Ginsburg and Breyer and in part by Justices Sotomayor and Kavanaugh, concluding based on the historical context in which the Sixth Amendment was adopted that the entitlement to an impartial jury included the right, applicable in both the federal courts and the state courts, to a unanimous jury to be convicted. The Court disclaimed the precedential value of Apodaca v. Oregon, 406 U.S. 404 (1972), a case in which a four-Justice plurality plus a lone Justice resolving the case on other grounds upheld an Oregon conviction that was based on a nonunanimous verdict. Justice Sotomayor wrote a concurring opinion saying that Apodaca must be overruled, not only because of its dubious reasoning, but also because of the racially discriminatory origins of the Louisiana and Oregon laws the case upheld. Justice Kavanaugh likewise wrote separately to concur and to share more extended thoughts on the application of stare decisis in this case. Justice Thomas concurred in the judgment, noting his agreement that the requirement for a unanimous jury verdict applies to the states, but under his own view that it applies through the Fourteenth Amendment Privileges or Immunities Clause, not the Due Process Clause. Justice Alito wrote a dissent, joined by Chief Justice Roberts and joined in part by Justice Kagan, arguing that the lower court should have been affirmed under Apodaca.

Though a defendant who pled guilty may seek post-conviction DNA testing under G.S. 15A-269, the defendant failed to establish that the testing results would be material to his defense.

State v. Alexander, ___ N.C. App. ___, ___ S.E.2d ___ (Apr. 21, 2020). In 1992, the defendant pled guilty to second-degree murder for the killing of a gas station attendant during a robbery. In 2016, after learning that an informant implicated another person in the crime, the defendant filed a motion to test the DNA and fingerprints on evidence found at the scene. The trial court denied the motion and the defendant appealed. The Court of Appeals affirmed. As a threshold matter the court said that the defendant was not barred from seeking testing under G.S. 15A-269 because he pled guilty. It rejected the State’s argument that the statute’s reference to the defendant’s “defense” and the requirement for a “verdict” meant that the law only applied to defendants found guilty after a trial. On the merits, though, the court concluded that the defendant failed to meet his burden of showing that the results of the requested testing would be material to his defense. With the “high bar” required to establish materiality after a guilty plea, even the presence of another’s DNA on the evidence would not necessarily exclude the defendant’s involvement in the crime in light of the substantial evidence of his guilt. A judge concurring in the result would have concluded that the Supreme Court’s decision in State v. Sayre, 255 N.C. App. 215 (2017), aff’d per curiam, 371 N.C. 468 (2018), bars a defendant who pled guilty from post-conviction DNA testing under G.S. 15A-269.

A probation condition requiring the defendant to comply with drug treatment recommended as a result of an evaluation by TASC was proper under G.S. 15A-1343(b1)(10).

State v. Chadwick, ___ N.C. App. ___, ___ S.E.2d ___ (Apr. 21, 2020). The defendant was convicted and placed on probation for several crimes, including drug-related crimes. The trial judge ordered as a special condition of probation that the defendant “[r]eport for initial evaluation by TASC” and “participate in all further evaluation, counseling, treatment, or education programs recommended as a result of that evaluation.” The Court of Appeals upheld the condition, rejecting the defendant’s argument that it was an improper delegation of the trial court’s authority to require participation in treatment dictated by the TASC evaluation and not specifically ordered by the court. The appellate court concluded that the condition was reasonably related to his drug-related conviction and his rehabilitation, and therefore proper as a discretionary condition under G.S. 15A-1343(b1)(10).

In the absence of conflicting evidence on an essential element, the trial court did not commit plain error by not instructing on a lesser-included offense.

State v. Coleman, ___ N.C. App. ___, ___ S.E.2d ___ (Apr. 21, 2020). The defendant was convicted of trafficking in opium among other crimes. He argued on appeal that the trial court committed plain error when, despite the lack of a request by the defendant, it failed to instruct the jury on the lesser-included offense of selling hydrocodone. The Court of Appeals found no error. The court applied the rule that the trial judge should instruct the jury on any lesser included offense supported by any version of the evidence when there is conflicting evidence on an essential element of the charged. Here, there was no conflicting evidence. An analyst testified that the total weight of the drug tablets sold by the defendant was over 8 grams, while another witness testified that the defendant sold twenty “10-milligram hydrocodone” pills. The testimony was not conflicting, however, because only the total weight of the pill mixture mattered in establishing the elements of the charged offense. In the absence of conflicting evidence, the trial judge did not err by not instructing on a lesser-included offense.

(1) The trial court did not err by denying the defendant’s petition for writ of certiorari; (2) The defendant’s writ of mandamus was an improper substitute for appeal, and filed in the wrong court.

State v. Diaz-Tomas, ___ N.C. App. ___, ___ S.E.2d ___ (Apr. 21, 2020). In 2015, the defendant was charged with impaired driving and driving without an operator’s license. He failed to appear on the charges in 2016, which prompted the district court to issue an order for arrest and the State to dismiss the case with leave. In 2018 the defendant was arrested on the OFA, ordered to appear, and then arrested again for once more failing to appear. In January 2019 he filed a motion in district court seeking to reinstate the charges that had been dismissed with leave, which the district court denied. In July 2019, the defendant filed a petition for writ of certiorari in superior court, seeking review of the district court’s denial of his motion to reinstate the charges. The superior court denied the petition, leading the defendant to file a petition for writ of certiorari in the Court of Appeals. The Court of Appeals concluded that the superior court did not err by denying the petition. Certiorari is a discretionary writ, and the defendant did not show that the superior court’s decision was unsupported by reason or otherwise entirely arbitrary.

(2) The defendant also filed two other petitions in the Court of Appeals: a writ of mandamus seeking to compel the district court to grant his motion to reinstate the charges, and a motion asking the court to take judicial notice of the Wake County Local Judicial Rules. As to the writ of mandamus, the Court of Appeals concluded over a dissent that it was improper for two reasons—first, that it was being used as a substitute for an appeal or certiorari, and second that it should have been filed in superior court, not the appellate division. As to the motion to take judicial notice, the court did not need to resolve it to decide the case. Finally, the Court of Appeals declined to consider the defendant’s argument that the district court erred by denying his motion to reinstate charges, unanimously concluding that the issue was not properly before the court.

A judge dissenting in part included additional facts about the procedural history of the case. After the defendant’s initial failures to appear, he did appear when his case was calendared as an “add-on” case in December 2018, but the State declined to reinstate the charges. The dissenting judge agreed with the majority that mandamus was not the proper remedy, but she would have concluded that the superior abused its discretion by denying the petition for writ of certiorari. In the absence of an order from superior court revealing the basis for its rationale in denying the petition, and in light of the defendant’s allegations, which she described as “cogent” and “well-supported,” she would have remanded the case for a hearing and decision on the merits.

(1) The trial court retained jurisdiction to amend a sentence until the time for notice of appeal expires; (2) Amendment of a drug trafficking sentence to include the maximum term that corresponds to the mandatory minimum sentence was a clerical correction that the trial court could make outside of the defendant’s presence.

State v. Lebeau, ___ N.C. App. ___, ___ S.E.2d ___ (Apr. 21, 2020). (1) When the defendant was convicted of drug trafficking, the sentence initially announced by the trial judge was “a mandatory 70 months” of active imprisonment. The following Monday (five days later), without the defendant being present, the court entered an amended judgment stating both the minimum and maximum sentence: 70 to 93 months. The defendant argued on appeal that the trial court lacked jurisdiction to amend the sentence when it did because the defendant had already appealed by that point. The Court of Appeals disagreed, concluding that, under G.S. 15A-1448(a)(3), the jurisdiction of the trial court is divested when notice of appeal has been given and the time for giving notice of appeal has expired. For an appeal to the appellate division, that time period is 14 days. N.C. R. App. P. 4(a)(2). Because only 5 days had passed at the time of change, the time for appeal had not expired, and the trial court therefore retained jurisdiction. (2) The defendant argued in the alternative that amending the judgment in her absence deprived her of her right to be present at sentencing. The appellate court again disagreed, concluding that the amended judgment did not amount to a “substantive change” to the original sentence. Because the 93-month maximum that accompanies a 70-month minimum is statutorily required under G.S. 90-95(h)(4), it was not the product of judicial discretion. The record showed that the trial court understood from the outset that the sentence was statutorily mandatory, and the amendment was therefore clerical in nature and not a substantive change.

Failure to appoint counsel or secure a valid waiver of counsel for more than a year after the defendant was charged violated the defendant’s Sixth Amendment right to counsel.

State v. Lindsey, ___ N.C. App. ___, ___ S.E.2d ___ (Apr. 21, 2020). In March 2018 the defendant was charged with multiple crimes after breaking into a gas station. In August 2018, the trial court first addressed the defendant’s right to counsel. The defendant said that he did not want a lawyer, but then, when asked by the judge, “You’re not just waiving court appointed counsel, you’re waiving all counsel; is that correct?,” the defendant replied that he was “simply waiving court appointed counsel.” The defendant signed a waiver of counsel form, checking only box one, waiving his right to assigned counsel. The trial judge appointed standby counsel. The defendant argued several preliminary motions without the assistance of counsel between August 2018 and when his case came on for trial in March 2019. At that point, a different judge presiding over the trial noticed that the defendant had waived court-appointed counsel but not all counsel. After a full colloquy with the judge, the defendant checked box 2 on a new form, waiving his right to all assistance of counsel. The defendant was convicted and sentenced.

On appeal, the defendant argued that the trial court erred by failing to appoint counsel or secure a valid waiver of counsel until more than a year after the defendant’s initial arrest. Over a dissent, the Court of Appeals agreed with him and ordered a new trial. The majority first established that the issue was properly preserved for appellate review, noting that prejudicial violations of a statutory mandate (here G.S. 15A-1242) are preserved for appeal notwithstanding the defendant’s failure to object at trial, and the Supreme Court of North Carolina has recently reviewed unobjected-to Sixth Amendment denial of counsel claims. The court then concluded that the trial court erred by allowing the defendant to proceed unrepresented without first obtaining a proper waiver of all counsel after a proper inquiry under G.S. 15A-1242. The August 2018 colloquy was flawed to the extent that the trial court did not ask whether the defendant understood and appreciated the consequences of his decision to proceed without representation, and in any event resulted only in a waiver of assigned counsel. The State failed to establish that the defendant’s self-representation through the pretrial period from August 2018 until the proper waiver colloquy in March 2019 was harmless beyond a reasonable doubt—which the court noted would have been difficult even if the State had tried, given the many issues addressed during the uncounseled period (possible plea negotiations, discovery, and evidentiary issues).

A dissenting judge would have concluded that the defendant failed to preserve the issue for appellate review.

(1) Trial evidence did not support the charge of displaying an expired registration plate; (2) The propriety of a jury instruction was not properly before the Court of Appeals; (3) The defendant’s sentence to probation was improper when a fine only sentence was required.

State v. Money, ___ N.C. App. ___, ___ S.E.2d ___ (Apr. 21, 2020). The defendant was charged with driving while license revoked, operating a motor vehicle without displaying a current approved inspection certificate (G.S. 20-183.8(a)(1)), and displaying an expired registration plate (G.S. 20-111(2)) after being pulled over for driving his truck without a license plate. He was convicted of all three offenses, first in district court and then by a jury in superior court. (1) On appeal, the State conceded and the Court of Appeals agreed that the trial court erred by denying the defendant’s motion to dismiss the charge of displaying an expired registration plate. The defendant’s truck had no plate whatsoever, and so he was not displaying an expired one. (The court noted that the evidence would have supported a conviction under G.S. 20-111(1), driving without a current registration plate.) (2) As to the inspection certificate infraction, the defendant argued that there was insufficient evidence to support his conviction when the jury was instructed on a theory of guilt—here, display of an expired inspection certificate—that did not apply in his case when, again, he did not display any certificate. The Court of Appeals disagreed, concluding that display of an expired inspection is not one of multiple theories of guilt for this offense. As such, the jury instruction referencing display was erroneous, but the defendant did not object on that basis, and the issue was therefore not properly before the appellate court. (3) Finally, the State conceded and the Court of Appeals agreed that the defendant’s sentence was erroneous. Despite being Prior Conviction Level I with no prior convictions, the defendant received a 10-day suspended sentence with probation for this Class 3 misdemeanor. Under G.S. 15A-1340.23(d), unless otherwise provided for a specific offense, a Class 3 misdemeanor sentence for a defendant with no more than three prior convictions may consist of a fine only. The appellate court remanded for resentencing.

(1) The State is not required to file a superseding information before trial in order to retain the trial court’s subject matter jurisdiction; (2) The trial court did not commit plain error by failing to give a guilty knowledge instruction when the defendant’s defense was that the drugs belonged to someone else.

State v. Stallings, ___ N.C. App. ___, ___ S.E.2d ___ (Apr. 21, 2020). (1) The defendant was indicted for trafficking in MDMA, among other charges. When the case came on for trial, the trial judge called in prospective jurors and questioned them about undue hardships and conflicts with the parties and informed them of the charges against the defendant. The prosecutor then requested a bench conference at which he pointed out that the substance in the lab report showed that the relevant substance was methamphetamine, not MDMA. The prosecutor gave the defendant the choice between having the State dismiss the MDMA charge and reindict for trafficking in methamphetamine, or waiving indictment and proceeding by bill of information. The defendant chose the latter and was convicted at trial. On appeal, the defendant argued that the trial court lacked subject matter jurisdiction because the State did not file the superseding information “before . . . commencement of trial” within the meaning of G.S. 15A-646. The Court of Appeals disagreed, concluding that G.S. 15A-646 does not place any timing deadline on the State, but rather merely imposes a ministerial duty on the judge to dismiss the initial charge if a superseding indictment or information is filed before trial. The appellate court also rejected the defendant’s argument that the trial court lacked subject matter jurisdiction because the defendant was not formally arraigned on the new charge, as the lack of formal arraignment is not revisable error when the defendant does not object and assert inadequate knowledge of the charge. (2) The defendant also argued that the trial court committed plain error by failing, despite the lack of a request or objection, to instruct the jury on the requirement that the defendant have guilty knowledge of the methamphetamine. The Court of Appeals rejected the argument, distinguishing an earlier case, State v. Coleman, 227 N.C. App. 354 (2013). In Coleman, the court found plain error when the trial court failed to instruct on guilty knowledge for a defendant convicted of trafficking heroin who knew he possessed drugs, but who thought he had marijuana and cocaine, not heroin. Here, the defendant denied any knowledge about the existence of the methamphetamine and argued that it belonged to someone else. Even assuming the trial court erred by not giving the instruction, the Court of Appeals concluded it would not rise to the level of plain error given the evidence against the defendant.

(1) The defendant waived his right to severance when he did not file a motion to sever; (2) The admission of lay witness testimony on the defendant’s mental state was not reversible error; (3) The State presented sufficient evidence that the defendant attempted to kill the victim with premeditation and deliberation; (4) The trial court’s instruction on the malice element of attempted first-degree murder was not reversible error in light of the defendant’s use of a deadly weapon and the related circumstances; (5) The defendant was not entitled to a self-defense instruction.

State v. Yarborough, ___ N.C. App. ___, ___ S.E.2d ___ (Apr. 21, 2020). (1) The defendant was convicted after a jury trial of first-degree murder, attempted first-degree murder, and other serious felony charges after he shot and killed his former girlfriend and then pistol-whipped and fired a gun at another woman, a registered nurse. On appeal he argued that the that the trial court erred by joining the charges for trial. The defendant had objected to the State’s motion for joinder, but he never filed a motion to sever charges as provided in G.S. 15A-927. The Court of Appeals concluded that the defendant waived the issue, declined to review the issue in its discretion under Rule 2 of the Rules of Appellate Procedure, and further declined to consider whether he received ineffective assistance of counsel for his trial lawyer’s failure to file a motion to sever charges. The Court of Appeals deemed the latter issue more appropriate for a motion for appropriate relief filed in the trial court, and so dismissed that claim without prejudice.

(2) The defendant also argued that the trial court erred by allowing lay testimony on the defendant’s mental capacity from his second victim, a registered nurse. She answered questions from the State on how the defendant compared to “psych patients” she had dealt with, on whether the defendant was able to process his thoughts, and on whether he was in touch with reality. Though a lay witness may not offer a specific psychiatric diagnosis, the Court of Appeals—reviewing the issue for abuse of discretion—concluded in light of the evidence against the defendant that there was no reasonable possibility that the result of his trial would have been different if the trial court had excluded the testimony.

(3) Next, in light of the facts of the case, the Court of Appeals rejected the defendant’s argument that the trial court erred by denying his motion to dismiss the attempted first-degree murder charge for insufficiency of the evidence that he acted with premeditation and deliberation. The State proved, among other things, that the defendant said he would kill her and that he shot the door near the doorknob four to six times before kicking the door and yelling, which the court deemed sufficient evidence for the jury to reasonably conclude that the defendant attempted to kill the victim with premeditation and deliberation.

(4) The appellate court also concluded that the defendant could not demonstrate prejudicial error resulting from the trial court’s deadly weapon malice instruction. The defendant argued that the instruction could have been misleading to the extent that it allowed an inference of malice on the attempted murder charge for shooting at the victim based on the injury resulting from a different crime, the pistol-whipping. Based on the defendant’s use of a weapon and the related circumstances, the court was unpersuaded that the jury would have reached a different result without the instruction.

(5) Finally, the court rejected the defendant’s argument that the trial court erred by failing to give a self-defense instruction despite the defendant’s request for instructions on both perfect and imperfect self-defense. The defendant’s testimony that he did not recall shooting the first victim and his expert’s testimony that he acted involuntarily defeated his self-defense argument.

The post Case Summaries – Supreme Court of the United States (April 20, 2020) and N.C. Court of Appeals (April 21, 2020) appeared first on North Carolina Criminal Law.

Case Summaries – Supreme Court of the United States (April 20, 2020) and N.C. Court of Appeals (April 21, 2020) published first on https://immigrationlawyerto.tumblr.com/

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