Lawyers In The News 12-05-11

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Mark D. Martin, senior associate justice of the North Carolina Supreme Court, was among six people inducted by the National Center for State Courts into the Warren E. Burger Society on Nov. 18. Membership in the Warren E. Burger Society honors individuals who have demonstrated an exemplary commitment to improving the administration of justice.

Michelle D. Connell has joined Cranfill Sumner & Hartzog’s Raleigh office as the new head of the firm’s family law section. Also joining the firm’s Raleigh office are associates Rupen Fofaria, Denisse Gonzalez and Alka Srivastava, while Kelly Beth Smith will join the Charlotte office.

Kilpatrick Townsend & Stockton said Robert Dailey will join the firm’s Winston-Salem office as an associate in the intellectual property department. Dailey holds a Ph.D. in chemistry from Indiana University as well as a law degree from the University of North Carolina School of Laws. Jason Wenker, also in the Winston-Salem office, has been named partner.

Grace, Tisdale & Clifton in Winston-Salem said Bernard (Bernie) Michael Desrosiers has joined the firm to practice criminal defense. Desrosiers most recently was an assistant district attorney for Forsyth County.

Moore & Van Allen has named James R. Wyche the newest member of the Charlotte office’s corporate and securities practice group. Wyche will focus his practice on business and
corporate finance.

Evan M. Barr joined York Williams & Lewis in Charlotte as an associate. Barr, a 2010 graduate of Elon University School of Law, will practice civil litigation.

Neil Jonas has joined the Charlotte office of Rogers Townsend & Thomas as an associate. Jonas concentrates his practice in the area of business
bankruptcy.

Outside the Law

Kevin Chapman, an attorney in the Parker Poe’s Charlotte office, has been named as vice-chair of the Arts & Science Council’s Young Donor Society Steering Committee. Also, retired Parker Poe of counsel Mark R. Bernstein is the recipient of the Charlotte Symphony’s 2011 Sally Ann Hall Spirit of the Symphony Award.

By North Carolina Lawyers Weekly Staff
Published: December 2, 2011
Time posted: 2:25 pm
Tags: Lawyers in the News

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Most Important Opinions

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 12-05-11

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