Lawyers In The News 10-03-11

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Womble Carlyle managing partner Keith Vaughan has been named to the board of directors of Lex Mundi, the world’s leading association of independent law firms. Lex Mundi’s membership includes 160 law firms in more than 100 countries, representing more than 21,000 attorneys. Vaughan has served as Womble Carlyle’s managing partner since 2002.

Also at Womble Carlyle, former Charlotte Motor Speedway general counsel Christopher H. (Chris) Kouri has joined the Charlotte office. He will assist companies on economic development initiatives and provide clients with general corporate consultation.

JD Keister has relocated from McAngus Goudelock & Courie’s Charlotte office to Raleigh to expand the firm’s litigation practice in the Triangle area. Keister is a partner at MG&C, and his practice focuses on civil litigation.

Christopher G. Browning Jr., a partner at Williams Mullen in Raleigh, has been appointed to the executive committee of the Lawyers Conference, Judicial Division of the American Bar Association.

Kirk, Palmer, & Thigpen in Charlotte announced that Carolyn G. Shaw and Russell M. Reed have joined the firm as partners.

Kristen Fetter has been named the new trial court administrator for the 10^th Judicial District. She has worked in 10^th district courts of Wake County for a decade, as judicial assistant in the Superior Court judges’ office, assistant public defender and assistant district attorney.

Elon University School of Law presented its inaugural Leadership in the Law awards to Michael T. Marshall and Karen McKeithen Schaede. The attorneys, who both practice in Greensboro, were honored for their community service and for helping mentor Elon law students.

Ward Black Law in Greensboro announced that Nancy R. Myers joined the firm as an associate. Myers is a graduate of University of Louisville School of Law, and has more than 15 years of experience as a practicing attorney.

Poyner Spruill announced that Richard A. Prosser has joined the firm as an associate in its Rocky Mount office. Prosser, a 2008 graduate of Campbell University’s Norman Adrian Wiggins School of Law, will focus on creditors’ rights and bankruptcy law.

Paul J. Griffin has been named an associate at Young Moore and Henderson in Raleigh. Griffin, who will practice with the firm’s litigation team, is a 2011graduate of Campbell University’s Norman Adrian Wiggins School of Law.

Ralph A. Walker has been appointed to serve on the North Carolina Rules Review Commission. The commission, created by the General Assembly in 1986, is charged with reviewing and approving rules adopted by state boards and agencies. Walker has served as a Superior Court and Court of Appeals judge and now serves as an emergency judge, mediator and arbitrator.

Tacker LeCarpentier, director of annuities and structured products with Lawyers Insurance in Cary, was unanimously approved as a new member of the legislative and regulatory committee by the board of the National Structured Settlements Trade Association, based in Washington, DC.

Bess Harris Hindsman has joined Hutchens, Senter & Britton in Charlotte as an associate. Hindsman, a 2007 graduate of Campbell University’s Norman Adrian Wiggins School of Law, will focus her practice on residential real estate closings.

Annie E. Nelson has joined Moore & Van Allen’s Charlotte office as an associate in the financial services practice group. She is a graduate of the law school at the University of North Carolina at Chapel Hill.

Outside the Law

Ralph J. DiLeone, managing partner at The DiLeone Law Group in Raleigh,
has been appointed to the board of directors for the Greater Raleigh Chamber of Commerce.

By North Carolina Lawyers Weekly Staff
Published: September 30, 2011
Time posted: 2:09 pm
Tags: Lawyers in the News

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Criminal Practice – Second-Degree Murder – High-Speed Chase – Evidence – Shoplifting Spree – Malice — Driving Without a License – Post-Accident Conduct – Jury Instructions
State v. Rollins Defendant had been shoplifting before the high-speed chase that ended in a fatal crash. Evidence of the shoplifting spree was admissible to explain why defendant was trying so aggressively to evade the officers chasing him. The voluminous and organized nature of the shoplifting expedition explained why defendant was driving in the manner that he was for purposes of the malice element of second-degree murder.
Criminal Practice – Retrial – First Trial’s Transcript – Denial – New Trial
State v. Tyson When defendant’s first trial ended in a hung jury and mistrial, the trial court ordered an immediate re-trial, rejecting defendant’s request for a transcript of the first trial. Although defendant argued he needed the transcript to effectively cross-examine the state’s witnesses, the trial court’s ruling – that the prospect of a witness changing his testimony was mere speculation – would apply to any case and makes no determination why defendant has no need for a transcript in this particular case, especially in light of the fact that the state’s case rested entirely on the victim’s identification of defendant as the perpetrator.
Real Property – Eminent Domain — Civil Practice – Class Action – Certification Denied – Winston-Salem Northern Beltway – Map Act
Beroth Oil Co. v. North Carolina Department of Transportation In preparation for a proposed northern beltway around Winston-Salem, the N.C. Department of Transportation has placed many tracts of land in regulatory limbo – the DOT is not yet buying most of the land, but it is restricting the owners’ ability to use the land. Given the uniqueness of land and the variety of uses to which the affected owners have put or may wish to put their land, the owners do not form a class within the meaning of N.C. R. Civ. P. 23.
Criminal Practice – Statutory Sex Offense – Evidence – Other Bad Acts – Second Victim
State v. Houseright Even though, when testifying about events at the Rosemont Avenue address, victim B.F. testified that she and defendant had sexual intercourse but did not specifically testify as to an act that would constitute a sex offense, B.F. also testified that, preceding each incident of sexual intercourse, defendant digitally penetrated her. This testimony was broad enough to encompass the incident at the Rosemont Avenue address. The trial court did not err by denying defendant’s motion to dismiss one of the counts of statutory sex offense.

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Lawyers In The News 10-03-11

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