North Carolina Lawyers Weekly

  Defendant testified that (1) a sheriff’s lieutenant asked her three times if he could search her car and purse, (2) she declined twice, and (3) she only consented to the search after the lieutenant threatened to take her away ...

The Career Status Law, former G.S. § 126-5(d)(2c), which was passed after Governor Cooper’s election, has been deemed unconstitutional; moreover, it would not have governed petitioner’s career status in any event. Just before leaving office, Governor McCrory changed petitioner’s status ...

Where the government changed its position regarding the standard of review in a letter submitted the day before oral argument, this “eleventh-hour” submission was rejected. In a case of first impression, it was found that the district court had the ...

Although the defendant argued that a de novo standard of review should be applied to the district court’s intrinsic evidence ruling, the appellate court applied an abuse of discretion standard as required by its precedent. Background Defendant Donald Bush appeals ...

Although the district court erred in instructing the jury about the legal principles it was required to apply to determine the methamphetamine quantity attributable to the defendant, any error was harmless because it did not seriously affect the fairness, integrity ...

Where the Board of Immigration Appeals, or BIA, remands a case to the immigration judge for background checks, the court joins the majority of circuits in holding the BIA’s decision is not a final order of removal for purposes of ...

Although the defendant raised multiple issues on appeal, including that his trial should have been delayed, an expert should have been excluded, he was denied a right to testify and there were errors during sentencing, each of his arguments was ...

The defendant-agency’s production of 13,000 documents and affidavits of its employees explaining their compliance with the parties’ memorandum of understanding (MOU) support the trial court’s conclusion that the agency substantially complied with the MOU. We affirm the trial court’s order ...

Where an uncle’s company (defendant) provided accounting, bookkeeping, record-storing and other managerial services to his niece’s company (plaintiff), the record supports the jury’s finding that defendant owed a fiduciary duty to plaintiff. When defendant’s lease of trucks to plaintiff ended, ...

  In re B.O.A., __ N.C. __, 831 S.E.2d 305 (2019), was a case involving termination of parental rights; however, it is binding in this case involving adjudications of abuse, neglect and dependency. Pursuant to B.O.A., the trial court is ...