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Recent Articles from Bill Cresenzo
Jury’s ‘no’ answer leads to immunity for officer in shooting death
A federal jury found that a man who was shot and killed by a Hope Mills police officer after a high-speed chase had not complied with the officer’s repeated demands to show his hands, a conclusion that led a federal judge to rule that the officer had qualified immunity. And in August, the same […]
Criminal Practice – Noise Ordinance – Resist, Delay or Obstruct – ‘Operate’ Sound Equipment – Appellate Rules Violations
Although the speaker at a rally did not own the sound equipment and did not operate the equipment’s volume controls, since the speaker was the source of the sound input, which the equipment then amplified to a level that exceeded the limit set by a city noise ordinance, the speaker violated the ordinance. We […]
Criminal Practice – Juvenile Delinquency – Mental Illness – Referral Required
In this juvenile delinquency matter, the predisposition report referred to a clinical assessment in which the juvenile, “Evan,” was diagnosed with conduct disorder, and in which Haven House Services said that (1) Evan’s conduct disorder “causes clinically significant impairment in social, academic, or occupational functioning”; (2) Evan needs substance abuse treatment; and (3) Eva[...]
Domestic Relations – Parent & Child – Support Arrears – Payment Schedule – First Impression
The defendant-father has the ability to pay his entire child support arrearage immediately; consequently, the trial court abused its discretion when it ordered the arrearage paid, interest-free, in $100 increments over a span of 20 years. We affirm the amount of the arrearage, but we reverse the timing of its payment. Background The […]
Middleman’s word not enough to secure search warrant
A divided North Carolina Court of Appeals panel has reversed the conviction of a Brunswick County woman because the police officer who applied for a search warrant to raid the woman’s home had relied on the accounts of middleman that the officer had never met, and had made no effort to assess the middleman’s reliability […]
A year after Florence, Jones County courthouse reopens
A year after Hurricane Florence forced the closing of the Jones County Courthouse in Trenton, court is now back in session in the historic building. When the storm tore through Jones County in early September 2018, up to 20 inches of rain fell and caused devastating damage to the rural eastern North Carolina county, […]
Constitutional – Speedy Trial Violation – Civil Claims – First Impression
In plaintiff’s criminal case, this court ruled that his right to a speedy trial had been violated, and we vacated his convictions and dismissed the underlying indictments. In this civil action, plaintiff asks us to recognize a new right: a private cause of action by which one deprived of his right to a speedy […]
Criminal Practice – Right to Counsel – Waiver – Insufficient Colloquy – Speeding to Elude Arrest
Even though an anonymous tip was insufficient to justify a traffic stop, defendant’s traffic crimes allowed the arresting officer to buttress the tip through corroboration. Nevertheless, where the trial court allowed defendant to represent himself without first being informed of the nature of the charges and proceedings and the range of permissible punishments he […]
Criminal Practice – Possession of a Firearm by a Felon – Defendant’s Denials – Jury Instructions – Justification
Where defendant was indicted for possessing a shotgun, but where he repeatedly denied possessing the shotgun, defendant was not entitled to a jury instruction regarding justification, which is premised upon a defendant’s having committed the offense with which he is charged but being legally excused from punishment. We find no error in defendant’s conviction […]
Indigent defendant was entitled to choice of counsel
A Mecklenburg County man convicted of drug charges will get a new trial because the trial judge refused to allow him to replace his court-appointed attorney with the counsel of his choice, the North Carolina Court of Appeals has ruled. Stevie Goodwin Jr. was convicted of possession of methamphetamine in 2018 and sentenced to […]
Dog chase results in $325K verdict for construction worker
A construction worker who injured his knee after jumping a fence to escape an aggressive German shepherd has won a $325,000 jury verdict in Mecklenburg County. Edgar Plascencia-Ortiz and his coworkers were putting siding on the second floor deck of the home of Ann Oswald, said Whitney Brooks, an attorney with Olive Law Firm […]
Colleagues remember Chief Justice Beverly Lake
Former North Carolina Supreme Court Chief Justice I. Beverley Lake was as well known for his sharp wit as he was for his sharp legal mind. And as a staunch Republican, Lake, who died Sept. 12 at the age of 85, didn’t let politics get in the way of any of his humor or […]
Top Legal News
- Cooper allows budget to become law; Medicaid will expand
- Alabama fraternity faces hazing lawsuit
- Judge handling Trump case faces tremendous pressure
- VIDEO: 5 Questions With … Jan E. Pritchett
- Conflicted Appeals Court affirms removal of Superior Court clerk
- NC transgender health case might go to high court
- Murdaugh pleads guilty to financial crimes
- Alabama redistricting case before Supreme Court
- Band leader: ‘Doing my job’ when arrested
- Court orders part of abortion referendum rewritten
- VIDEO: Counsel’s focus firmly set on reproductive rights
- Lawsuit faults Google Maps in deadly crash
Commentary
- Amotion sees resurgence after almost a decade
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Court’s term was rough on big business
- Ex-president, bar association have made their choice
- Ruling sharpens boundaries in attorney-client privilege
- Lawyers Weekly debuts new and improved web experience
- US Supreme Court bites back at parody’s use of the First Amendment
- Supreme Court leaves key internet protection untouched
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
- A roadmap to attracting, developing, retaining great associates
