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Recent Articles from North Carolina Lawyers Weekly Staff
Constitutional – Reasonable Suspicion – Motion to Suppress Evidence – Unreasonable Searches and Seizures
Defendant failed to demonstrate that the arresting officer lacked reasonable suspicion to initiate the stop of his vehicle. Defendant argued the trial court improperly denied his motion to suppress evidence because the arresting officer lacked reasonable suspicion to stop his vehicle, in violation of his right to be free from unreasonable searches and seizures. Defendant […]
Criminal Practice – Felon-in-Possession – Constructive Possession – Actual Possession
Defendant appealed from a judgment, entered following a jury trial, for one count of possession of a firearm by a felon (felon-in-possession). Because the State presented sufficient evidence defendant constructively possessed the firearm, we find no error. Deputies were conducting surveillance in a neighborhood they characterized as “a known drug area[.]” During this surveillance operation, [&[...]
Criminal Practice – Probation Violations – Revocable Offenses – New Criminal Offense
Although the trial court improperly found that each of defendant’s probation violations constituted sufficient bases upon which to revoke her probation, it is clear from the trial court’s indication in the same judgment that it properly considered and understood the statutory basis for revoking defendant’s probation and properly exercised its discretion. We affirm the trial […]
Criminal Practice – Evidence – Motion for Appropriate Relief (MAR) – Ineffective Assistance of Counsel
Defendant failed to show the Irick issue his appellate counsel did not raise on appeal was plainly stronger than the two issues his appellate counsel raised on appeal. As a result, defendant has not proven his appellant counsel’s performance was deficient and cannot demonstrate he received ineffective assistance of counsel. Because defendant cannot show his […]
Criminal Practice – Stop and Frisk – Motion to Suppress Evidence – Search and Seizure – Probable Cause
Although law enforcement had reasonable suspicion to stop and frisk defendant based on an informant’s tip, defendant did not voluntary consent to the search of his backpack, and the search was not otherwise justified by probable cause. We reverse the trial court’s order denying defendant’s motion to suppress the evidence. Defendant was indicted for unlawfully […]
Contract – Breach of Contract – Child Support – Separation Agreement
The trial court properly dismissed plaintiff wife’s claim for breach of contract as concerns the parties’ son’s future college expenses; accordingly, we affirm the court’s order as to this provision. Regarding the issues of child support, health insurance, and uninsured medical expenses, however, the trial court erred in dismissing wife’s claim for breach of contract, […]
Criminal Practice – Murder by Torture – Judges – Bite Marks – Miranda
In defendant’s capital trial for the murder of a four-year-old, Judge Ammons did not err in refusing to disqualify Judge Lock from presiding over the trial. Defendant has not established an appearance of impropriety in Judge Lock’s service as the presiding judge over defendant’s trial due to Judge Lock’s prior position as a prosecutor of […]
Criminal Practice – Murder – Castle Doctrine – Aggressor Instruction – Standard of Review
In reviewing the trial court’s decision to instruct the jury on the aggressor doctrine, the Court of Appeals should have reviewed the record in the light most favorable to the state. The Court of Appeals’ mistake of reviewing the record in the light most favorable to defendant led to its erroneous reversal of defendant’s second-degree […]
Tort/Negligence – Negligent Misrepresentation – Pleading Standard – Breach of Contract
In order to state a claim for negligent misrepresentation, a complaint must meet the same pleading standard as a claim for fraud, i.e., N.C. R. Civ. P. 9(b). We affirm in part and reverse in part the trial court’s grant of defendants’ motions to dismiss and for summary judgment. Defendants (PRA) bought the assets of […]
Criminal Practice – Voluntary Manslaughter – Contents of Victim’s Phone – Weapon Possession
Defendant claimed self-defense after shooting the victim in the back, and he argues that the state opened the door to the contents of the victim’s phone – text messages alluding to violence and photos of the victim holding a gun – by eliciting testimony from the victim’s parents that he was a “happy guy” and […]
Criminal Practice – Murder – Evidence of Others as Perpetrators – Multiple Participants
Defendants, a man and a woman, sought to introduce evidence that a different man and woman committed the assault, attempted robbery and murder for which defendants stood trial. However, the state’s evidence did not rule out the possibility that all four individuals were involved in the crimes. Since defendants’ proffered evidence would not have been […]
Labor & Employment – ERISA – ERISA Section 502(a)(1)(B) – ERISA Section 502(a)(3) – Employer-Based Health Benefits
The district court properly held that money was not one of the “benefits” that plaintiff’s now-deceased son was “due” “under the terms of his” employer-based health benefits program, so it was right to dismiss the mother’s Employee Retirement Income Security Act’s (ERISA) Section 502(a)(1)(B) claim. However, while the district court correctly noted that compensatory, “make-whol[...]
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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
