North Carolina Lawyers Weekly

Although the defendant’s statement admitting possession of a gun was involuntary, his motion to suppress failed because prior to any involuntary admissions, the police believed he possessed a weapon, had probable cause to search the car and would have inevitably ...

Where a firearm was found in proximity to a large quantity of drugs the defendant arranged for his nephew to distribute, there was no error in finding the firearm was part of a joint criminal activity that supported sentence enhancement. ...

Where a law firm representing a homeowners association attempted to collect outstanding debts from homeowners by filing a writ of garnishment and lien that included post-judgment enforcement costs, it did not violate the Fair Debt Collection Practices Act. Background Homeowners ...

Where noncitizens are awaiting the outcome of proceedings on their petitions to withhold removal based on a fear of persecution or torture in other countries, they are entitled to bond hearings that could lead to their release during those proceedings. ...

Although a woman’s co-worker was found liable for sexually assaulting her during her shifts at Radford Arsenal, the evidence was insufficient to hold their employer liable for the co-worker’s conduct. Background Carla A. Clehm is an employee of defendant BAE ...

Where there was no final judgment under North Carolina’s felony statute against the defendant at the time he was found in possession of firearms, his conviction for being a felon in possession of a firearm under federal law must be ...

A majority of the judges on the court did not agree to rehear the case en banc, although one judge explained he did not vote for en banc review in order to expedite Supreme Court review. Background The petition for ...

Where a juror consulted with her pastor during a murder trial 20 years ago about whether she could vote to impose the death penalty without running afoul of her religious beliefs, and then communicated the pastor’s assurances to other jurors, ...

Although the United Mine Workers Benefit plan argued that Consol Energy’s change in benefits violated federal law, the alleged risk of harm to the beneficiaries was too speculative to confer standing. Background Consol Energy Inc. is required under the Coal ...

Where a company licensed the use of a trademark without disclosing that the company itself was under a license to use that mark, and failed to disclose the license at any point during the discovery process, barring the company from ...