DocRx, Inc. v. EMI Services of North Carolina, LLC (Lawyers Weekly No. 14-06-0552, 21 pp.) (Sarah Parker, Ch. J.) Appealed from Stanly County Superior Court (W. David Lee, J.) On discretionary review from the Court of Appeals. N.C. S. Ct. ...Read More »
Constitutional – Right to Bear Arms – G.S. § 14-415.1 – As-Applied Challenge – Insufficient Showing – Prior Felonies
Pace v. State The only information plaintiff put forward about his three California felony convictions was his bare assertion that they were non-violent; furthermore, plaintiff failed to allege or offer evidence to show that he has a history of responsible, lawful firearm possession during a time when possession of firearms was not prohibited or that he assiduously and proactively complied with the 2004 amendment to G.S. § 14-415.1, which made the possession of any firearm by a felon illegal.
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: Our Court of Appeals held, Assuming, without deciding, that the Second Amendment protects a convicted felon’s right to bear arms, we will apply the intermediate level of scrutiny to determine whether the N.C. Firearms Act violates plaintiff’s substantive due process rights.
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City of Asheville v. Resurgence Development Co. The plaintiff-city acted for a public purpose when it condemned a sewer easement across defendant’s land in order to provide sewer service to an affordable housing development. We affirm the trial court’s decision.
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In re Cline The respondent-district attorney publicly accused a judge of “moral turpitude, dishonesty and corruption”; “kidnapping the rights of victims and their families”; “intentional malicious conduct”; and “violation of the North Carolina Code of Judicial Conduct”; and she urged the judge to “acknowledge that your hands are covered with the blood of justice, and be ashamed.”
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Booth v. State Where both plaintiff’s conviction and pardon occurred in the same jurisdiction (North Carolina), by its own terms, the N.C. Felony Firearms Act does not apply to him. We affirm the trial court’s ruling that the NCFFA does not apply to plaintiff.
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Constitutional – First Amendment – Freedom of Speech & Religion – Civil Practice – Preliminary Injunction – Town Festival
Price v. City of Fayetteville Plaintiffs have failed to make a strong showing that their First Amendment rights are violated by defendants’ confinement of literature distribution to designated areas of a town festival. Plaintiffs’ motion for a preliminary injunction is denied.
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