Even if G.S. § 8-53, which allows a judge to compel disclosure of confidential medical information “if in [the judge’s] opinion disclosure is necessary to a proper administration of justice,” was not a constitutional method for law enforcement to obtain ...
Read More »Criminal Practice — DWI – Constitutional – Medical Blood Draw – Other Overwhelming Evidence
Criminal Practice — Constitutional – Request for Counsel – Custodial Interrogation – Statutory Rape 
Once his Miranda rights were read to him during custodial police interrogation, defendant said, “I’ll talk to you but I want a lawyer with it and I don’t have the money for one.” Given the ambiguity of defendant’s statement, police ...
Read More »Criminal Practice — Traffic Stop – Sticker Misplacement – Reasonable Mistake 
At the time that defendant was stopped for a misplaced renewal sticker violation, there was no regulation directing her where to place the sticker. Nevertheless, the instructions on her registration card instructed her to place the sticker on the upper ...
Read More »Domestic Relations — Parent & Child – Constitutional – Appeals – Issue Preservation 
Despite being on notice that DSS and the guardian ad litem were recommending that the trial court change the primary permanent plan for “Jimmy” and “Lola” from reunification to guardianship, the respondent-father failed to assert before the trial court his ...
Read More »Domestic Relations — Parent & Child – Termination of Parental Rights – Plan Progress 
not preclude the court from determining that termination of respondent’s parental rights was in “Scott’s” best interests. The trial court’s findings demonstrate that it considered the dispositional factors set forth in G.S. § 7B-1110(a) and performed a reasoned analysis weighing ...
Read More »Domestic Relations — Parent & Child – Termination of Parental Rights – Motion to Continue 
Even if the respondent-mother – who lived in Ohio – received only five days’ notice of the exact date the termination-of-parental-rights hearing was scheduled to occur (February 10, 2021), since she had known for months that the hearing would occur ...
Read More »Criminal Practice — Search & Seizure – DWI – Checking Station – Brown Factors 
The primary programmatic purpose of the checking station at which defendant was stopped was to check driver’s licenses, and the trial court’s unchallenged findings of fact show that all three prongs of Brown v. Texas, 443 U.S. 47 (1979), were ...
Read More »Domestic Relations — Parent & Child – Termination of Parental Rights – Willful Abandonment – Contact Information 
The respondent-father does not argue that he had any contact with “Becky” in the six months before the petitioner-mother filed a petition to terminate respondent’s parental rights; instead, respondent contends he had no way to contact or locate Becky. However, ...
Read More »Domestic Relations — Parent & Child – Termination of Parental Rights – Case Plan – Neglect 
following the case plan designed to address the issues that led to Brian’s removal: domestic violence, substance abuse, mental health, stability, parenting, employment and medical care for Brian. Furthermore, respondent’s therapist testified that respondent was not capable of parenting, and ...
Read More »Domestic Relations — Parent & Child – Termination of Parental Rights – Constitutional – Due Process – Imprisoned Parent 
Although this termination-of-parental-rights case was already outside its 90-day window, since (1) the respondent-father sought just a few days’ continuance until a Covid-19-related lockdown at his West Virginia prison was lifted, (2) his testimony was relevant to many of the ...
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