By David Donovan
Published: December 21,2012
A Dare County judge will not get a chance to tell his side of his story to the North Carolina Court of Appeals in a case where the court vacated an unusual order giving the judge authority to hear employment disputes against the Kill Devil Hills Police Department.
By North Carolina Lawyers Weekly Staff
Published: October 11,2012
State v. Oates In a criminal case, when a trial court orally renders an order or judgment in open court, a party may give oral notice of appeal in open court or the party may file written notice of appeal at any time between (1) the court’s oral rendering of the order or judgment and (2) fourteen days after the court’s entry of the order or judgment into the record.
By North Carolina Lawyers Weekly Staff
Published: October 11,2012
Johnson v. Opsitnick The trial court found at the summary judgment stage that the parties’ prior settlement agreement did not relieve defendants of the obligation of paying a $40,777.63 promissory note. Defendants’ appeal of this ruling was rendered moot when the jury found that defendants took advantage of a position of trust and confidence to induce plaintiff to enter into the settlement agreement so as to void that agreement. Since the settlement agreement is void, the issue of whether it relieved defendants of the obligation of paying the promissory note is now moot.
By North Carolina Lawyers Weekly Staff
Published: October 9,2012
McCoy v. City of Charlotte A superior court judge is not bound by the ruling of another superior court judge on the question of subject matter jurisdiction.
By North Carolina Lawyers Weekly Staff
Published: October 2,2012
Duncan v. Duncan The trial court has ruled that the parties’ 1989 Cherokee wedding was valid and that the defendant-husband must pay the plaintiff-wife alimony; however, the court has not yet ruled on the wife’s request for attorney’s fees, and the trial court did not certify its rulings for immediate appeal.
By North Carolina Lawyers Weekly Staff
Published: September 4,2012
Builders Mutual Ins. Co. v. Meeting Street Builders, LLC In an insurer’s declaratory judgment action stemming from a South Carolina lawsuit by a homeowners’ association (HOA) against the companies that built the HOA members’ townhomes, the denial of a motion to dismiss for failure to join a necessary party – the HOA – is an interlocutory order.
By North Carolina Lawyers Weekly Staff
Published: August 14,2012
Boynton v. McLaurin Even though the handpiece of the laser that the spa leased/purchased stopped working after five months of use, this did not prove false the contract’s statement that the laser was nearly new.
By North Carolina Lawyers Weekly Staff
Published: July 24,2012
Murphy-Smith v. North Carolina Department of Correction A deputy commissioner awarded plaintiff, among other things, salary continuation, and the defendant-employer’s appeal specifically contested that part of the award. Where the full Industrial Commission directed the employer to pay for plaintiff’s medical treatment but made no mention of salary continuation, the Commission failed to decide all of the matters in controversy between the parties.
By North Carolina Lawyers Weekly Staff
Published: July 19,2012
State v. Kelly Defendant contends that the trial court erred by failing to instruct the jury on jury nullification. We know of no authority for the trial court to instruct the jury on jury nullification, which is the jury’s knowing and deliberate rejection of the evidence or refusal to apply the law. If defendant’s argument were to be adopted, it would lead to chaos and an absence of justice in North Carolina.
By North Carolina Lawyers Weekly Staff
Published: July 17,2012
Bigger v. Arnold The trial court ruled in favor of one beneficiary (the testator’s widow) over another beneficiary (a college). The college – the aggrieved party -- did not appeal. Since the order affected only the distribution rights of the beneficiaries, the executor lacks standing to appeal.
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State v. Bean Although the state elicited evidence that defendant exercised her right to remain silent, given the other evidence of defendant’s guilt – her own admissions to a nurse, “I killed my husband just because I finally had enough of him” and “I’m guilty” and the victim’s fear that defendant would kill him – the prosecutor’s comments and questions regarding whether defendant mentioned self-defense prior to trial had little bearing on the jury finding defendant guilty.
State v. Primus Even though the list of the elements of attempted felonious larceny set out in State v. Weaver, 123 N.C. App. 276, 473 S.E.2d 362 (1996), included “falling short of the completed offense,” and even though the state proved that defendant completed the offense of felonious larceny, this does not require the conclusion that proof of the completed offense disproves the attempt to commit. The completed commission of a crime must of necessity include an attempt to commit the crime.
State v. Ingram though one of the eyewitnesses was only 10 years old at the time of the shooting, the credibility of the witness’s identification of defendant was a question for the jury.
