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Highlights of this week’s opinion digests: Dec. 23, 2010

First impression   The N.C. Supreme Court decides that judicial estoppel trumps the statute of frauds in Powell v. City of Newton, a case in which a litigant agreed to settle by quitclaiming his interest in land in exchange for money. Although the litigant later refused to sign the deed, his statements to the trial [...]

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U.S. Supreme Court: Lots of words but little clarity

Just as North Carolina’s Supreme Court has fallen under criticism that it does not write enough opinions, leaving attorneys in some practice areas lacking crucial guidance, the U.S. Supreme Court is under fire for writing too much – but not saying enough. A front-page article in the New York Times last week focused on criticism [...]

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Appellate records are forever

Records on appeal, like diamonds, are forever, thanks to the N.C. Supreme Court and Court of Appeals Electronic Filing Site and Document Library. The site contains a wealth of information on civil and criminal cases that have reached one of our state’s two appellate courts. Typically briefs from both sides as well as the record [...]

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Highlights of this week’s opinion digests

First impression   Satellite-based monitoring of sex offenders is a civil regulatory program and not punishment; therefore, it does not violate the ex post facto clauses of the federal and state constitutions to apply the satellite-based monitoring statutes to sex offenders who, like the defendants in State v. Bowditch, committed their crimes before passage of [...]

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N.C. judicial candidates get online exposure

North Carolina’s appellate court candidates are coming to YouTube. If you didn’t make the judicial form in Winston-Salem focusing on the appellate court races earlier this month – and only about 60 people did – you can view the event online here. The sponsor, the Federalist Society, is planning to put together short snippets of [...]

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