North Carolina Lawyers Weekly

  During the original proceedings in this murder case, attorney A. Jackson Warmack represented co-defendant Telly Swain and argued that defendant, not Swain, had shot the victim. Nevertheless, at a remand hearing on defendant’s motion for appropriate relief, Warmack had ...

  Defendant conducted his illicit drug activities within 1,000 feet of a child care “facility”, which, according to G.S. § 110-86(3), includes child care centers and family care homes. However, G.S. § 90-95(e)(8) provides a sentencing enhancement only if the ...

By issuing a presentment, a grand jury instructs the district attorney to investigate a matter. G.S. § 15A-641 precludes a grand jury from issuing a presentment and indictment on the same charges absent an investigation by the prosecutor following the ...

G.S. § 14-399(a) defines felony littering, and subsection (a)(1) is an essential part of that definition; therefore, the indictment charging defendant with felony littering was fatally defective because it did not allege that the property onto which she drained oil ...

  During the execution of a search warrant, defendant walked past a police officer who was guarding the perimeter of the premises, declaring that he was going to retrieve his moped from the premises. Where defendant would have occupied the ...

The positions of the governor’s cabinet were created by the General Assembly, not the North Carolina Constitution; it follows that the constitution does not prohibit Senate confirmation of cabinet members. Moreover, given the governor’s power to nominate, supervise, and terminate ...

Under the North Carolina Constitution, the General Assembly may refuse to grant any financial responsibility to local entities; it follows that the state, and the state alone has the power to create and maintain a system of public education. Therefore, ...

The record supports the trial court’s finding that the defendant-doctor’s expert testimony misled the jury into believing plaintiff’s decedent had to minimize her damages by returning to defendant, as opposed to the several other doctors she saw; accordingly, the trial ...

BY BETH BROOKS SCHERER The North Carolina Supreme Court has issued its latest order amending the state’s Rules of Appellate Procedure. The amendments, which were effective January 1, impact Appellate Rules 3, 3.1, 4, 9, 11, 12, 13, 18, 26, ...

The defendant-lender notified the plaintiff-developer by email in 2009 that the lender would not be including certain impact fees in its HUD loan request, and, in 2010, plaintiff’s representatives signed a HUD form showing which costs were being financed. Therefore, ...