Moss v. Moss Where an assistant clerk of court – rather than a judicial official – entered the show cause order, plaintiff should have borne the burden of proving that defendant was in contempt. However, since defendant failed to object and acquiesced when the trial court asked her to show why she should not be held in contempt, defendant waived the right to complain about this procedural defect.
Butler v. Charlotte-Mecklenburg Board of Education A school board renewed a principal’s contract before it received the reviews and scores from her first contract term. The contract renewal was not a waiver of the board’s right to fire the principal based on her performance during her first contract term.
LendingTree, LLC v. Anderson Even though defendant’s answer alleged that venue was improper, since defendant (1) stipulated in the case management report that venue was proper, (2) did not object to the conclusion in the case management order that venue was proper, and (3) waited three years after filing his answer – while continuing to participate in this litigation – before pressing his improper venue defense, defendant has waived the defense of improper venue.
In re P.D.R. Our Court of Appeals applied G.S. § 15A-1242 to find that a trial court had abused its discretion by allowing the respondent in a termination-of-parental-rights (TPR) proceeding to waive her right to counsel. Section 15A-1242 applies in criminal proceedings and has no application in TPR proceedings.
U.S. v. Thornsbury A convicted felon pleading guilty to possession of ammunition, who waived his right to appeal “any sentence,” cannot seek to have his sentence on the firearm charge reduced in light of his assistance to the government in prosecuting an unrelated case, and the 4th Circuit dismisses this appeal of the district court’s denial of the government’s motion for a sentence reduction pursuant to Fed. Rule Crim. P. 35(b).
State v. Anderson Where our Court of Appeals held, Even though defendant executed a written waiver of counsel which was certified by the trial court, since the trial court failed to clarify the specific charges against defendant, to inform him of potential punishments, or explicitly to inform defendant that he could request court-appointed counsel, defendant has shown that the trial court failed to determine whether defendant knowingly, intelligently and voluntarily waived his right to counsel, we affirm.
In re T.P. Even though the child spent several months with his maternal grandparents and several months with his paternal grandparents, he was nevertheless placed with relatives for more than a year. Therefore, the trial court could waive further review hearings under G.S. § 7B-906.
We affirm the trial court’s award of custody to the paternal grandparents.
Richardson v. Frontier Spinning Mills By raising the advice-of-counsel defense as to disparate share pricing, material disclosures in a stock purchase agreement, and otherwise, defendants waived attorney-client and work-product privileges as to (1) the mechanics of and manner in which the stock sale was structured; (2) the manner in which information concerning the sale was disclosed to outside shareholders...
State v. Anderson Even though defendant executed a written waiver of counsel which was certified by the trial court, defendant has shown that the trial court failed to determine whether defendant knowingly, intelligently and voluntarily waived his right to counsel.
Defendant is entitled to a new trial.
State v. Sorrow Even though defendant executed two written waivers of counsel, since it does not appear the trial court conducted a thorough inquiry into whether defendant understood and appreciated the consequences of his decision to proceed pro se or whether defendant comprehended the nature of the charges and proceedings and the range of possible punishments, this failure to conduct the mandatory inquiry under G.S. § 15A-1242 is prejudicial error.
