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Recent Articles from Teresa Bruno, Opinions Editor
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[...]
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 […]
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[...]
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 – 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 – 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 – 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 – 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 – 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 – 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 – 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 […]
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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Commentary
- Amotion sees resurgence after almost a decade
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Court’s term was rough on big business
- Ex-president, bar association have made their choice
- Ruling sharpens boundaries in attorney-client privilege
- Lawyers Weekly debuts new and improved web experience
- US Supreme Court bites back at parody’s use of the First Amendment
- Supreme Court leaves key internet protection untouched
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
- A roadmap to attracting, developing, retaining great associates
