Appellate Cases

State v. Karen Everett (II)
The North Carolina Supreme Court upheld the North Carolina Court of Appeals opinion reversing a murder conviction because the trial court improperly excluded evidence relevant to show prior instances of violence by the deceased.
Read Supreme Court opinion
Read Court of Appeals opinion

State v. Kevin Phillips (II)
After a reversal of an earlier judgment by the Court of Appeals, the trial court sentenced Mr. Phillips a second time to more than twenty years in prison.  Amos argued, on appeal, that the trial court erred by failing to dismiss four of the five indictments and sentenced Mr. Phillips erroneously.  The Court of Appeals agreed on both issues and reversed the trial court for a second time.
Read complete Court of Appeals opinion

State v. Jerry Lynn Stuart
When the trial court denied a motion to continue Mr. Stuart’s trial, Amos filed an emergency petition asking the North Carolina Supreme Court to intervene.  The Court took the unusual step of considering a trial court’s ruling prior to the trial of the case and reversed the trial court’s denial of the motion to continue.

State v. Karen Everett
Ms. Everett was convicted of murder in Wake County, North Carolina.  Amos filed an appeal on Ms. Everett’s behalf arguing that the trial judge failed to adequately instruct the jury on Ms. Everett’s self-defense claim.  The North Carolina Court of Appeals agreed and awarded Ms. Everett a new trial.  In addition, the Court chastised the prosecutor for making inappropriate arguments to the jury.
Read complete Court of Appeals opinion

State v. Kevin Phillips
Mr. Phillips was convicted of larceny and being a habitual felon and sentenced to more than thirty years in prison.  Amos filed an appeal on his behalf arguing that the trial judge committed reversible error by allowing the state to proceed based on flawed indictments.  The North Carolina Court of Appeals vacated the convictions and remanded the case.
Read complete Court of Appeals opinion

State v. Fitzgerald Locklear
Mr. Locklear was convicted of felonious larceny, kidnapping and being a habitual felon.  He was sentenced to more than thirty years in prison.  Amos filed an appeal on his behalf arguing that previous trial counsel improperly conceded guilt on one of the offenses and that the state failed to present sufficient evidence on both felony charges.   The North Carolina Court of Appeals vacated the convictions and remanded the case for a new trial on the lesser included charge of misdemeanor larceny.
Read complete Court of Appeals opinion

State v. Ronald Rogers
Mr. Rogers’ original conviction for first degree murder was reversed when the North Carolina Supreme Court concluded that trial counsel received insufficient time to prepare.  Amos and J. Kirk Osborn were retained to represent Mr. Rogers at his second trial.  After he was convicted of second-degree murder, the trial court assessed $70,000.00 against Mr. Rogers for attorneys’ fees incurred during the original trial.  Counsel appealed the ruling, arguing that Mr. Rogers could not be liable for attorneys’ fees for the original trial since it was reversed on appeal.  The North Carolina Court of Appeals vacated the judgment and reversed the trial court’s assessment of fees against Mr. Rogers.
Read complete Court of Appeals opinion

State v. Michael Layton
Mr. Layton was convicted of felony larceny.  Amos filed an appeal on his behalf arguing that the trial court erred by failing to grant Mr. Layton’s motion to dismiss at trial.  The North Carolina Court of Appeals vacated the judgment for insufficiency of the evidence.
Read complete Court of Appeals opinion

State v. Steven Mark Bishop
Mr. Bishop was convicted in 1994 of the murder of a Greensboro woman and sentenced to death.  Amos was appointed to represent Mr. Bishop in 1997 and filed a motion for a new trial alleging that the State failed to produce to the trial lawyers a statement that supported Mr. Bishop’s alibi.  After months of searching, Amos located the former cashier in Alabama and obtained a statement in which she corroborated a statement given to police investigators, which supported Mr. Bishop’s alibi.  J. Kirk Osborn later joined Mr. Bishop’s legal team, and, after nearly three years of litigation, Mr. Bishop was awarded a new trial in June 2000.