North Carolina Lawyers Weekly

Although defendants are not categorically barred from obtaining resentencing pursuant to Rule 36 over a clerical error, the defendant was not entitled to this relief because the clerical error in his pre-sentence report only affected one of his prior convictions ...

Where a defendant was informed that he could face deportation by pleading guilty to a charge of conspiracy to distribute cocaine but did not realize, and was not told, that pleading guilty to the charge subjected him to mandatory deportation, ...

Guns and marijuana recovered from a vehicle did not need to be suppressed because the officer had probable cause to stop the driver after observing his erratic driving and did not unreasonably delay the stop. The admission of statements made ...

Where the government allowed a jury to be empaneled and began presenting testimony despite the fact that a subpoenaed witness had not appeared in court, as required, for the first two days of trial, and a mistrial was granted on ...

Senior government officials, including the former Attorney General and the Postmaster General, cannot be held liable for claims they unlawfully relied on electronic surveillance to spy on a CBS television reporter because such conduct did not violate a clearly established ...

A subcontractor that alleged a prime contractor for the Air Force conspired with another company to deprive it of work failed to establish tortious interference and aiding and abetting claims. The case was remanded. Background In 2004, the Air Force ...

 A Maryland state agency enjoys 11th Amendment immunity against sexual orientation and disability discrimination claims brought by a former employee because the agency did not consent to suit in federal court. Background This appeal and ongoing proceedings in the District ...

A defendant was properly categorized under the Armed Career Criminal Act, or ACCA, because his conviction for assault with intent to murder qualified as a “violent felony” under the statute. Background Kevin Battle appeals from the district court’s denial of ...

The fraud claims of Chinese investors who each invested approximately $500,000 in a start-up car company without reading the underlying investment documents were dismissed because the investors could not have justifiably relied on stray misstatements made by the company’s founders ...

Northrop Grumman successfully argued that an employee’s complaint was not within the scope of the Sarbanes-Oxley Act, or SOX, and she therefore could not claim whistleblower protection under the Act. An ALJ’s order in favor of the employee was vacated. ...