North Carolina Lawyers Weekly

Where the indictment did not instruct that the government was required to prove the defendant knew he belonged to a class of persons barred from possessing a firearm, but it separately proved he knowingly lied about whether he had been ...

Although North Carolina previously acted with racially discriminatory intent in enacting a 2013 omnibus voting law that included voter-ID requirement, it was error to assume that same intent influenced the passage of the state’s 2018 voter-ID law. Background This case ...

Because illegal reentry is a continuing crime, a violation may be prosecuted where the defendant enters or attempts to enter the United States, as well as at any place that he is present until found. Because the defendant was “found” ...

There is no jurisdiction over a suit brought by a U.S. citizen who alleges he was improperly removed to El Salvador. In deciding whom to investigate, detain and remove, homeland security officers must make the kinds of classic judgment calls ...

Where a man voluntarily left a restaurant with a police officer to be patted down outside, the officer did not brandish a weapon, use restraint, accuse him of wrongdoing or make a show of authority, and thus the man failed ...

Where parties challenging construction of a natural gas pipeline are likely to succeed on their argument that authority was lacking to modify a nationwide permit issued by the Army Corps of Engineers in 2017, the construction was stayed. Background Petitioners ...

Where an oil and gas lease provided a method for calculating the amount to be deducted from the royalty for post-production costs, it sufficiently rebutted the presumption that the lessee bears all post-production costs and allowed an allocation of some ...

Where a plea agreement over child pornography offenses included language waiving challenges to “the weighing of the sentencing factors, and any constitutional challenges to the calculation and imposition of any term of imprisonment,” the waiver barred arguments that the sentencing ...

Where restaurant employees claimed that tips and automatic gratuities could not be considered in determining whether their employer met its obligations under the Fair Labor Standards Act, or FLSA, it was error to apply a statutory exemption—29 U.S.C. § 207(i)—to ...

Where a former Columbian police officer and his family were subjected to at least five threats of death and harm from January to May 2013 by the Revolutionary Armed Forces of Colombia, or FARC, the Board of Immigration Appeals erred ...