North Carolina Lawyers Weekly

  Defendant requested a jury instruction on his mental condition at the time the murders were alleged to have been committed and the effect that voluntary intoxication could have had on his ability to form specific intent. Since the trial ...

  Although defendant’s brother owned the dogs that attacked plaintiff and kept them next-door to defendant’s property on their sister Vickie’s property, since the brother stored the dogs’ food in defendant’s empty house and used electricity and water from defendant’s ...

In the aftermath of a franchisor’s termination of the parties’ restaurant franchises, defendant bought out plaintiff’s interest in the limited liability companies that owned the real property on which the restaurants operated. When plaintiff claimed he was fraudulently induced to ...

  For the owners of undeveloped lots on Oak Island, there are complex, costly additional requirements – many of them conditional – they must fulfill in order to benefit from Oak Island’s sewer services; therefore, such services are not “available” ...

Where the government allowed a jury to be empaneled and began presenting testimony despite the fact that a subpoenaed witness had not appeared in court, as required, for the first two days of trial, and a mistrial was granted on ...

A district court that found a police officer entitled to qualified immunity erred by failing to construe evidence in the light most favorable to the plaintiff, who was shot by the officer. A majority of the court held the facts ...

Where a defendant was informed that he could face deportation by pleading guilty to a charge of conspiracy to distribute cocaine but did not realize, and was not told, that pleading guilty to the charge subjected him to mandatory deportation, ...

Although defendants are not categorically barred from obtaining resentencing pursuant to Rule 36 over a clerical error, the defendant was not entitled to this relief because the clerical error in his pre-sentence report only affected one of his prior convictions ...

Where a defendant was informed that he could face deportation by pleading guilty to a charge of conspiracy to distribute cocaine but did not realize, and was not told, that pleading guilty to the charge subjected him to mandatory deportation, ...

Guns and marijuana recovered from a vehicle did not need to be suppressed because the officer had probable cause to stop the driver after observing his erratic driving and did not unreasonably delay the stop. The admission of statements made ...