North Carolina Lawyers Weekly
Tagged with: Bar Disciplinary Action
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5 Questions with Swain Wood
Swain Wood, who served as the first assistant attorney general of North Carolina, supervising the civil, criminal, multistate and appellate legal work of the Department of Justice under Josh Stein since 2017, recently rejoined Morningstar Law Group as a partner. ...
Tagged with: 5 Questions
Read More »Class of 2023 Leaders in the Law announced
North Carolina Lawyers Weekly is pleased to announce the Leaders in the Law Class of 2023. “Leaders in the Law” is an annual award that celebrates those lawyers who are setting the standard for other lawyers. Leaders’ accomplishments include outstanding ...
Tagged with: Leaders in the law
Read More »Criminal Practice – Constitutional – Right to Counsel – Admission of Guilt – Defendant’s Consent – Larceny
Where defendant consented to his counsel’s admission of guilt to misdemeanor larceny, and where counsel admitted that defendant took items from a store clerk but did not threaten him, defendant was not deprived of his Sixth Amendment right to counsel. ...
Tagged with: Criminal Practice
Read More »Criminal Practice – Appeals – Different Theory – Recorded Admissions – Fourth & Fifth Amendments
While defendant was sitting alone in an interrogation room at the police station, he talked to himself, his comments were recorded (“she thought I was trying to hurt her” and “that is the only reason she said ‘yes’”), and they ...
Read More »Criminal Practice – Search & Seizure – Supporting Affidavit – Statements against Interest – Notice of Appeal
In the affidavit supporting his application for a warrant to search defendant’s home, a police officer relayed information gleaned from his face-to-face interview with a witness, Rynesha Green, who described her own actions in driving defendant to and from the ...
Tagged with: Criminal Practice
Read More »Civil Practice – Judicial Admissions – Contract – Hurricane Damage Remediation
In their answer, defendants admitted that they hired plaintiff, operating under the name PuroClean, to perform mitigation and remediation services on their properties. Defendants admitted that plaintiff performed the work, and that they owed plaintiff compensation for the reasonable value ...
Tagged with: Civil Practice
Read More »Tort/Negligence – IIED – Civil Practice – Statute of Limitations – Continuing Wrong Doctrine – Manner of Death
Plaintiff alleges that defendant’s listing of her brother’s manner of death as “undetermined” caused her severe emotional distress. Plaintiff’s claim filed 3 August 2020 alleges her severe emotional distress manifested after plaintiff “learned of the manner of death certification and ...
Tagged with: Tort-Negligence
Read More »Tort/Negligence – Auto Accident – Unfair Trade Practices – Insurance – Privity of Contract
Plaintiffs have not obtained a judgment against the owner and driver of the vehicle that caused the underlying accident, and the allegations in plaintiffs’ complaint show that plaintiffs never came to a meeting of the minds in their settlement agreement ...
Tagged with: Tort-Negligence
Read More »Civil Practice – Rule 11 Sanctions – Represented Party – Pro Se Motions – Domestic Relations
Because defense counsel had appeared on defendant’s behalf, defendant violated N.C. R. Civ. P. 11 when he subsequently filed eight pro se motions and initiated a civil suit against plaintiff for actions that took place prior to a consent order, ...
Tagged with: Civil Practice
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