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Criminal Practice – Charge of Assault on a Female – Ineffective Assistance of Counsel
The trial court did not err in denying Defendant’s Motions to Dismiss the charge of Assault on a Female. There was no error in Defendant’s trial; we affirmed the judgment. […]
Criminal Practice – Lesser-Included Offense of Common Law Robbery – Jury Instruction on Mere Possession of a Firearm
No conflicting evidence negates the three elements to establish submission of robbery with a dangerous weapon to require an instruction on mere possession. Defendant cannot demonstrate the evidence required the […]
Criminal Practice – Ineffective Assistance of Counsel – Not Guilty by Reason of Insanity
The trial court’s statements accurately state the law with respect to diminished capacity and Defendant’s entitlement to an instruction on second-degree murder. Defendant failed to establish a claim for ineffective […]
Criminal Practice – Closing Arguments – Prosecutor’s Remarks
Because the prosecutor’s statements were not improper, the trial court did not commit reversible error by failing to intervene ex mero motu during the State’s closing arguments We found no […]
Personal jurisdiction ruling favors hotel’s parent company
The North Carolina Court of Appeals has held that the state courts lack personal jurisdiction over the parent company of a national hotel chain, reversing a Mecklenburg County superior court […]
Landlord‑tenant status saves negligence claim from workers’ comp bar
The North Carolina Court of Appeals revived a negligence suit brought by the plaintiff, a former employee who alleges chronic illness from toxic mold in the workplace, holding that neither […]
Criminal Practice – Indirect Criminal Contempt – Circumstantial Evidence
The trial court properly denied Defendant’s motion to dismiss for insufficient evidence and had jurisdiction to enter the Order. Ultimate finding 31 is supported and the criminal contempt adjudication was […]
Contract – Breach of Express Contract – Slander of Title
Instructing the jury on the statutory slander of title claim, rather than on the common law claim, eliminated proof of two key elements: falsity and malice. This reduced the burden […]
Workers’ Compensation – Workers’ Compensation Act – Exclusivity Provision
Because Cortech Solutions Inc. and Defendants are separate entities, neither the exclusivity provision of the Workers’ Compensation Act nor the parties’ release agreement bars Plaintiff’s negligence claim against Defendants. We [&he[...]
Civil Practice – Protection of Animals Act – Statutory Interpretation
Defendants’ poultry-production operation is exempt under the Protection of Animals Act (PAA). We affirmed the Order. Plaintiff Legal Impact for Chickens appealed from the trial court’s order granting the motion […]
Domestic Relations – Termination of Parental Rights – Ceasing Reunification Efforts
Father’s right to counsel was not violated after he expressly consented to his attorney’s withdrawal due to his repeated egregious and dilatory behaviors and express waiver of counsel. Statutorily mandated […]
Domestic Relations – Juvenile Code – Permanency Planning
The permanency planning order was not supported by competent evidence. We vacated and remanded. Mother appealed from the trial court’s permanency planning orders awarding guardianship of Jim, Jed, and Mark […]
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Commentary
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