North Carolina Lawyers Weekly

  While there was evidence of ill will between the respondent-mother and petitioners—respondent’s relatives who had custody of the minor child, Anne—and while a custody order did not give respondent a right to visitation, respondent’s failure to even attempt any ...

  The defendant-hospital’s action—dismissing its counterclaim against the plaintiff-patient and binding itself not to seek payment from him—does not moot plaintiff’s class action on behalf of uninsured patients who were charged pursuant to the hospital’s “Chargemaster” rates. The relation back ...

  Defendant’s convictions for felony assault inflicting serious bodily injury (felony assault) and misdemeanor assault inflicting serious injury (misdemeanor assault)—which led to sentences for felony assault and habitual misdemeanor assault—stemmed from the same incident. Since G.S. § 14-33, which defines ...

  Where (1) defendant was ordered to submit the satellite-based monitoring (SBM) solely due to his conviction of an aggravated offense; (2) he will not actually enroll in the program for approximately 15 to 20 years, after he has completed ...

  Although defendant failed to object when the trial court ordered him to submit to satellite-based monitoring, we invoke N.C. R. App. 2 to consider defendant’s appeal because (1) the Fourth Amendment right implicated by the imposition of SBM is ...

  Even though the administrative law judge found that respondent had failed to prove that petitioner had stolen from a co-worker—the stated grounds for his termination—petitioner’s remedies could nevertheless be limited by after-acquired evidence: that petitioner had omitted several criminal ...

  Whether or not a child who was 20 feet away could have seen defendant’s exposed private parts had the child looked is not the point of G.S. § 14-190.9; at issue is what the defendant does, not what the ...

  Upon appeal of a Court of Appeals’ opinion upholding summary judgment for a landlord and new owners, we affirm the Court of Appeals’ decision (Although the parties’ written lease gave the plaintiff-tenants a right of first refusal if the ...

Where the trial court’s finding that a defendant encouraged a hospital patient to attack the plaintiff was based on its credibility determination of the witnesses, it was affirmed. But where the doctor’s decision regarding treatment was based on his professional ...

Arguments by a man convicted of cyberstalking that he was not competent to stand trial, that the evidence was insufficient to support his conviction for sending threatening interstate communications and that there were errors in sentencing, were  all rejected. Background ...