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Bankruptcy — Constitutional – Jury Trial Right – Fraudulent Transfer – Avoidance Action – Affirmative Defenses – Set Off – Equitable Jurisdiction (access required)

Angell v. Mansour (In re Britt Motorsports, LLC) (Lawyers Weekly No. 14-05-0992, 6 pp.) (Stephani Humrickhouse, J.) 14-00041-8; E.B.N.C. Holding: Defendants have not filed a claim against the bankruptcy estate; however, in the trustee’s action to avoid a fraudulent transfer, ...

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Criminal Practice — Jury & Jurors – Misconduct – Trial Court’s Inquiry – Prosecutor’s Closing Argument – Premeditation & Deliberation (access required)

State v. Salentine (Lawyers Weekly No. 14-07-0985, 24 pp.) (Linda Stephens, J.) Appealed from Johnston County Superior Court (William Bell, J.) N.C. App. Holding: During an inquiry into juror misconduct, the trial court did not blindly accept a juror’s answers; ...

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Criminal Practice — Obtaining Property by False Pretenses – Real Property – Forged Deed – Presentation – Sentencing – Clerical Error (access required)

State v. Everette (Lawyers Weekly No. 14-07-0982, 24 pp.) (Lisa Bell, J.) (Sam Ervin IV, J., concurring in part & dissenting in part) Appealed from Wake County Superior Court (Orlando Hudson, J.) N.C. App. Holding: The indictment alleged that defendant ...

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Criminal Practice — Constitutional – Confession – Not in Custody – Voluntary – Child Abuse, Murder & Kidnapping (access required)

State v. Davis (Lawyers Weekly No. 14-07-0981, 24 pp.) (Robert C. Hunter, J.) Appealed from Cumberland County Superior Court (James Floyd Ammons Jr., J.) N.C. App. Holding: Although, during defendant’s third police interview, Detective Bowman told defendant that lying to ...

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