North Carolina Lawyers Weekly
The state’s factual summary indicated that there was a single assault, without distinct interruption, during which defendant strangled, beat and cut the victim. With no suggestion of distinct interruption, the state’s factual summary does not support multiple assault convictions. ...
Read More »Criminal Practice – Guilty Plea – Insufficient Factual Basis – Assault
Municipal – Joint Airport Authority – Real Property Lease – Expansive Charter – Public Meetings 
The charter establishing the Raleigh-Durham Airport Authority (RDUAA) allows RDUAA to enter into a lease with any business subject only to (1) a 40-year term, (2) any FAA restrictions based on federal grants and (3) the requirement that RDUAA ...
Read More »Domestic Relations – Dependency Adjudication – Alternative Childcare Arrangements – Putative Father
In a dependency action, post-petition evidence is not generally admissible; however, post-petition evidence regarding paternity should have been admitted in this case. The dependency petition concerning baby “Quan” was filed when he was only four days old, the respondent-father ...
Read More »Domestic Relations – Parent & Child – Neglect & Abuse Adjudication – Inadmissible Hearsay
Where there was no indication that respondents’ 10-year-old daughter, “Margaret,” was unavailable to testify, the trial court erred in admitting witnesses’ testimony about out-of-court statements Margaret made to them. Because the trial court’s abuse and neglect adjudications are heavily ...
Read More »Tort/Negligence – Ordinary Negligence – Negligent Hiring – Home Healthcare Worker – Off-Duty Robbery
Plaintiffs alleged that the defendant-home healthcare agency was negligent because its employee, whom defendant assigned to work in plaintiffs’ home, participated in a robbery of plaintiffs’ home while she was off duty. Plaintiffs’ complaint thus alleged, not ordinary negligence, ...
Read More »Constitutional – State Settlement Agreement – Statutory Amendment – Appeals
During the plaintiff-school board’s appeal of the trial court’s ruling—rejecting the school board’s claim that funds paid by hog producing companies pursuant to an agreement (the Agreement) with the Attorney General were penalties required to be turned over to ...
Read More »Tort/Negligence – Civil Practice – Motion to Dismiss – Summary Judgment – Medical Malpractice – Statute of Limitations
In deciding defendants’ motion to dismiss, the trial court considered the memoranda and arguments presented by the parties, both of which contained facts not alleged in the complaint. Since the trial court thus converted the motion to dismiss into ...
Read More »Domestic Relations – Parent & Child Domestic Relations Parent & Child – Custody – Final Decision-Making Authority – Attorneys’ FeesCustody – Final Decision-Making Authority – Attorneys’ Fees
Where the trial court made findings of fact detailing past disagreements between the parties which illustrate their inability to communicate and the effect their contentious communications had on the minor children, the trial court did not err in awarding ...
Read More »Domestic Relations – Guardianship – Rules of Evidence – No Prejudice
Since the General Assembly did not except G.S. Chapter 35A minor guardianship proceedings from the application of the Rules of Evidence in N.C. R. Evid. 1101(b) or by other statute, we conclude that the legislature intended for the Rules ...
Read More »Domestic Relations – Guardianship – Appeals – Mandate – Separate Cases
When the respondent-grandparents appealed the termination of their guardianship of “Kaitlyn” pursuant to a 2016 petition, this court reversed and remanded for further proceedings. Rather than following this court’s mandate, the trial court on remand instead allowed DSS to ...
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