North Carolina Lawyers Weekly

Even though defendant was indicted in 2019, evidence of her pseudoephedrine purchases going back to 2012 was relevant to show a consistent pattern of behavior by defendant, indicating she was engaged in the manufacturing and trafficking of methamphetamine. National Precursor ...

Tagged with: Criminal Practice

Where defendant consented to his counsel’s admission of guilt to misdemeanor larceny, and where counsel admitted that defendant took items from a store clerk but did not threaten him, defendant was not deprived of his Sixth Amendment right to counsel. ...

Tagged with: Criminal Practice

While defendant was sitting alone in an interrogation room at the police station, he talked to himself, his comments were recorded (“she thought I was trying to hurt her” and “that is the only reason she said ‘yes’”), and they ...

In the affidavit supporting his application for a warrant to search defendant’s home, a police officer relayed information gleaned from his face-to-face interview with a witness, Rynesha Green, who described her own actions in driving defendant to and from the ...

Tagged with: Criminal Practice

In their answer, defendants admitted that they hired plaintiff, operating under the name PuroClean, to perform mitigation and remediation services on their properties. Defendants admitted that plaintiff performed the work, and that they owed plaintiff compensation for the reasonable value ...

Tagged with: Civil Practice

Plaintiff alleges that defendant’s listing of her brother’s manner of death as “undetermined” caused her severe emotional distress. Plaintiff’s claim filed 3 August 2020 alleges her severe emotional distress manifested after plaintiff “learned of the manner of death certification and ...

Tagged with: Tort-Negligence

Plaintiffs have not obtained a judgment against the owner and driver of the vehicle that caused the underlying accident, and the allegations in plaintiffs’ complaint show that plaintiffs never came to a meeting of the minds in their settlement agreement ...

Tagged with: Tort-Negligence

Because defense counsel had appeared on defendant’s behalf, defendant violated N.C. R. Civ. P. 11 when he subsequently filed eight pro se motions and initiated a civil suit against plaintiff for actions that took place prior to a consent order, ...

Tagged with: Civil Practice

Even if the trial court should have granted defendant’s motion to strike his accomplice’s testimony, any such error was not prejudicial given the state’s other evidence that defendant was trafficking heroin. We find no prejudicial error in defendant’s convictions for ...

Tagged with: Criminal Practice

While it is improper for counsel to ask a witness whether he has in fact spoken the truth during his testimony, counsel does not improperly vouch for the credibility of a witness by merely providing the jury a reason to ...

Tagged with: Criminal Practice