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Recent Articles from Heath Hamacher
Waiver of revocation hearing also waived right to appeal
A defendant whose probation was revoked by a district court judge won’t be able to appeal that decision to superior court because he waived his right to a revocation hearing, the North Carolina Court of Appeals has unanimously ruled in a case of first impression. Leaning on the plain language of state law and […]
Indigent defense office fights for funding as cuts create crisis
The constitutional right to counsel is a right to competent and effective counsel, but in North Carolina, there are concerns that the public defense system created to defend those who can’t afford to defend themselves is failing. The executive director of the state’s Office of Indigent Defense Services (IDS), Mary Pollard, said that many lawyers stand ready and willing, b[...]
Duress notice doesn’t waive 5th Amendment rights
A criminal defendant doesn’t forfeit their right to remain silent by giving pre-trial notice of their intent to offer the affirmative defense of duress, and prosecutors may not preemptively impeach a defendant during its case-in-chief, the North Carolina Supreme Court has unanimously ruled. The Aug. 13 ruling reversed the state’s Court of Appeals judgment […]
Jury awards $3.41M to woman sexually abused by father
A Wake County jury has awarded $3.41 million to a 23-year-old woman for sexual abuse she endured for nearly a decade. Ian Richardson of Vann Attorneys and Daniel Barker of Barker Richardson, both in Raleigh, report that their client, Moriah Taylor, was repeatedly sexually abused by her father, David Taylor, from the time she […]
Judge dismisses suit against Wake Forest over campus shooting
A federal judge has dismissed a wrongful death lawsuit against Wake Forest University stemming from the 2018 shooting death of a Winston-Salem State University football player on WFU’s campus. Court records show that Najee Ali Baker was killed near a parking lot outside The Barn, an on-campus event center owned and operated by Wake […]
Fla. condo tragedy spurs action, need for legal counsel across U.S.
While the cause of June’s Champlain Towers South condominiums collapse in Surfside, Florida is still under investigation, many experts believe that it could have been avoided had its homeowners’ association not ignored or downplayed repeated warnings that the building was structurally damaged and deteriorating. Incidents of this magnitude are extremely rare in the United States, […]
Return to in-person appellate arguments rolled back
Plans for North Carolina’s appellate courts to return to regular, in-person hearings are being put on hold after the recent increase in COVID-19 cases. The state’s Court of Appeals announced Aug. 6 that its court sessions for the month, including oral arguments scheduled for the weeks of Aug. 9 and Aug. 23, will be open […]
Malpractice claim against adult day care settled for $325K
The family of a 53-year-old woman who suffered cardiac arrest and died at her adult day care facility has settled its claims for $325,000, the family’s attorney reports. Shannon Altamura of Garrett, Walker, Aycoth & Altamura in Asheboro said that the woman, who had Down syndrome, went into cardiac arrest after having lunch at the […]
Indefinite guardianship arrangement inconsistent with parental rights
A mother who left her children with a grandparent for several years surrendered her constitutionally protected status as a parent by failing to express that the arrangement was temporary and relinquishing all parental responsibilities, a divided North Carolina Court of Appeals has ruled. The July 20 decision reversed a Yadkin County District Court’s finding that […]
In-person appellate arguments continue move back to normal
It looks like lawyers are going to have to leave their shorts and sweatpants in their closets again. Some courtrooms, particularly in the state’s appellate courts, have been virtually vacant since COVID-19 forced the legal system to modify its processes. But judges and justices will soon again be face-to-face, rather than screen-to-screen, with many of […]
Failure to say when events occurred was fatal for search warrant
For one Cleveland County man who was convicted of illegally possessing a gun, time was truly of the essence. In a matter of first impression, a unanimous North Carolina Court of Appeals overturned a trial court’s judgment and ordered a new trial for the defendant, ruling that a search warrant is invalid where police officers […]
Time well spent: pro bono efforts increased in 2020
In a year in which the legal profession faced unprecedented challenges, lawyers across North Carolina not only continued to provide access to justice for the less fortunate, but even managed to substantially increase the amount of pro bono legal services they provided, a new report shows. The North Carolina Pro Bono Resource Center recently released its annual report […]
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Commentary
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- The flip side of generative AI in law and how to address it
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- 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
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- A Different Ode to Pro Bono Work
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