North Carolina Lawyers Weekly

Since a failure to complete the crime is not an element of an attempt to commit the crime, conspiracy to commit attempted first-degree murder is a crime. We find no error in defendant’s convictions of attempted first-degree murder and conspiracy ...

After defendant, who was then proceeding pro se, requested replacement of his standby counsel, the trial court attempted to complete the colloquy required by G.S. § 15A-1242; however, instead of waiving his right to counsel, defendant invoked it and requested ...

  After the police received calls complaining about a green pickup truck driving erratically and “attempting to hit people,” Officer Macaluso went to the scene and saw a green pickup truck drive by. Macaluso did not follow the truck and ...

Although a judge’s comments about pit bulls and dogfighting made after vivid photos and videos were presented during the sentencing of defendants convicted of dogfighting and drug-trafficking offenses were “injudicious,” they did not require recusal. Nor were the sentences procedurally ...

The arguments of two defendants, members of the MS-13 street gang who were convicted in a racketeering case, that the district court made numerous evidentiary errors during the trial were rejected. In addition, claims by one of the defendants who ...

Where a property settlement agreement was ambiguous on whether an ex-wife relinquished her rights to the husband’s life insurance policy as part of their divorce, the district court erred by awarding the policy’s proceeds to the decedent’s daughter. The issue ...

Where homeowners claimed defendants breached mortgage contracts in 2011 but filed suit in 2017, their claims were dismissed as time-barred and their argument that the statute of limitations does not apply because of equitable estoppel was rejected. Background In 2006, ...

Where the plea agreement of a wire fraud defendant stipulated a loss amount corresponding to a 24-level sentencing enhancement but he was given a 26-level enhancement, he demonstrated ineffective assistance of counsel and resulting prejudice by arguing that his lawyer ...

Where a suit against an employer was originally filed in the name of a man who died two days before his claims were filed, there was no Article III standing and the error could not be cured through substitution of ...

Where a defendant convicted in two bank fraud schemes was sentenced under an enhancement that applies when the criminal proceeds are derived from financial institutions, but the proceeds in this case came from third-party purchasers of properties, he was entitled ...