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Home>Teresa Bruno, Opinions Editor

Teresa Bruno, Opinions Editor

Recent Articles from Teresa Bruno, Opinions Editor

Criminal Practice May 29, 2018

Domestic Relations – Parent & Child – Support – Father’s Income – Alimony – Attorney’s Fees

Defendant’s financial affidavit indicated that he earned a salary of $9,395.60 plus $1,141.50 in non-guaranteed bonus, and he testified that he earned $11,037.10, including a non-guaranteed bonus; nevertheless, the trial court found that defendant earned $10,968.83 per month. The trial court’s finding is not supported by competent evidence. In addition, plaintiff concedes that, in its [&hellip[...]

Criminal Practice May 29, 2018

Domestic Relations – Attorney’s Fees – Child Support – Arrearage – Civil Practice – Appeals

The plaintiff-father failed to pay child support from 2014 until 2016, resulting in an arrearage of $12,483.18 and in the defendant-mother hiring an attorney and filing a motion to show cause. Plaintiff purged himself of contempt by writing a check for $12,483.18; furthermore, defendant’s affidavit showed that her total expenses exceeded her income. These facts […]

Criminal Practice May 23, 2018

Antitrust – Chiropractic Network – Monopsony Allegation – Market Power

Defendant Health Network Solutions, Inc., a practice association of North Carolina chiropractors, negotiates with health insurers on behalf of its members, who make up about half of North Carolina’s chiropractors. According to the non-member plaintiffs, this allows insurers to avoid paying for medically necessary care. However, plaintiffs’ allegations of output reductions among in-network chir[...]

Criminal Practice May 23, 2018

Zoning – UDO Requirements – Connected Principal Buildings – CAMA Permit

Plaintiff knew about – and was in fact a party to – her neighbors’ appeal of the defendant-county’s issuance of a building permit for plaintiff’s 15,000-square foot home on the coast. Knowing the possibility of a reversal on appeal, plaintiff proceeded with construction. Since this court ruled in the neighbors’ favor on appeal, plaintiff is […]

Criminal Practice May 22, 2018

Criminal Practice – Probation Revocation – Three Bases – Clerical Error

Defendant violated his probation in three ways, only one of which was a proper basis for revocation. Although the trial court mistakenly checked a form box saying each violation was a sufficient basis for revocation, the court also (1) properly found that it could revoke probation for defendant’s commission of a criminal offense and (2) […]

Criminal Practice May 22, 2018

Criminal Practice – Post-Conviction DNA Testing – Procedure – MAR

  Where defendant requested post-conviction DNA testing and discovery under G.S. § 15A-269, the trial court erred when it denied the request based on grounds for denial of a motion for appropriate relief. Vacated and remanded. A motion for post-conviction DNA testing pursuant to § 15A-269 is distinct from a motion for appropriate relief under […]

Criminal Practice May 22, 2018

Criminal Practice – Search & Seizure – Knock & Talk – Back Door – Evidence Suppression

Even though an investigator had watched his informant use the back door of an apartment all three times the informant bought heroin at the apartment, law enforcement officers were required to use the clearly visible and unobstructed front door – rather than the less visible back door – when they conducted a “knock and talk” […]

Criminal Practice May 22, 2018

Criminal Practice – Constitutional – Double Jeopardy – Hung Jury – Prosecutor’s Dismissal

Where (1) defendant was indicted for murder; (2) a jury was empaneled but was unable to reach a verdict; (3) weeks after the mistrial, the trial court held a homicide status hearing; and (4) the prosecutor filed a Form AOC-CR-307 and checked “Dismissal” rather than “Dismissal with leave” or “reinstatement” and wrote on the form, […]

Criminal Practice May 22, 2018

Criminal Practice – Search & Seizure – Traffic Stop – Justified Extension – Meth & Marijuana

After stopping a car for swerving and speeding, a well-trained law enforcement officer did not unconstitutionally extend the stop when the driver exhibited extreme nervousness, her and the defendant-passenger’s stories about their travel plans and their relationship didn’t match, and an open sore on defendant’s face appeared to be a “meth sore.” We affirm the […]

Criminal Practice May 21, 2018

Criminal Practice – Larceny after Breaking & Entering – Doctrine of Recent Possession – Unoccupied House

Where the state failed to prove that plaintiff had exclusive control of the stolen property, the state was not entitled to the presumption of guilt arising from the doctrine of recent possession. We vacate defendant’s convictions of felonious breaking and entering and larceny after breaking and entering. Facts The victim inherited a house at 30 […]

Criminal Practice May 21, 2018

Criminal Practice – Search & Seizure – SBM – Insufficient Showing

As a recidivist sex offender, defendant’s expectation of privacy is appreciably diminished as compared to law-abiding citizens. However, the state failed to present any evidence of its need to monitor defendant or the procedures actually used to conduct such monitoring in unsupervised cases like defendant’s. Therefore, the state failed to prove, by a preponderance of […]

Criminal Practice May 17, 2018

Administrative – Appeals – Labor & Employment – Public Employees

Where G.S. §§ 7A-29(a) and 126-34.02(a) provided petitioner a legally sufficient method for obtaining judicial review of the administrative law judge’s decision – by direct appeal to this court – the plain language of G.S. § 150B-43 prohibited petitioner from seeking judicial review in  superior court under G.S. Chapter 150B, Article 4. We affirm the […]

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