North Carolina Lawyers Weekly

Where a defendant was incorrectly sentenced as a career criminal based on a drug conviction that did not support the application of the enhancement, the career criminal designation could not be upheld based on the defendant’s state robbery conviction because ...

A garbage truck driver who was terminated for job abandonment after missing a single day of work due to illness had a valid employment discrimination claim because his performance was satisfactory, his employer’s changing rationale for the termination suggested pretext ...

An individual who received grand jury subpoenas seeking financial records for his companies, and who then provided false records to a United States Attorney, could not argue he intended merely to influence the U.S. Attorney’s Office, and not the grand ...

North Carolina’s ban on the unauthorized practice of law is not constitutionally infirm as applied to a trade association because it does not restrict the association’s speech, association or related rights and does not violate the state’s Monopoly Clause. Background ...

Although a prisoner wanted to engage in “communal” feasts as part of his celebration of annual Rastafarian holy days, he provided no direct evidence to show that other inmates would join his gatherings, and thus he could not show prison ...

Where a sheriff terminated a deputy sheriff who supported the sheriff’s opponent during the re-election campaign, he did not violate the law. Background This case arises from Sheriff Michael L. Chapman’s decision not to reappoint Mark F. McCaffrey as a ...

A criminal defendant’s petition for habeas corpus relief was timely because his state court motion to reduce his sentence constituted an application for collateral review under Antiterrorism and Effective Death Penalty Act that tolled the statute of limitations during its ...

Undocumented immigrants who were properly arrested and detained by Immigration and Customs Enforcement in the state where they lived with their families were not deprived of their constitutional rights when they were transferred to another state without notice or a ...

A county board of elections that was tasked with enforcing a law enacted by the state was required to pay the attorneys’ fees of the plaintiffs who prevailed in an action to enjoin the enforcement of the law on the ...

Where plaintiffs challenging Mississippi’s death penalty practices subpoenaed the Virginia Department of Corrections in the hopes of gathering information that would help them prove deficiencies in Mississippi’s practices, the subpoena was quashed because the department had already produced relevant information ...