North Carolina Lawyers Weekly

Even though a former jailer could not remember encountering defendant after he was arrested, the jailer recalled creating a jail incident report about the methamphetamine he found on defendant’s person. The state laid an adequate foundation for admission of the ...

Although a passenger who was killed in a motor vehicle accident was entitled to $100,000 in underinsured motorist coverage under two separate policies, since the negligence of two tortfeasors – each with liability coverage of $100,000 – caused the passenger’s ...

Since the state’s evidence was that defendant asked a fellow jail inmate to murder defendant’s girlfriend when the other inmate was released, if the jury believed the state’s evidence, the jury would necessarily find premeditation. Accordingly, any error in the ...

The trial court should have sustained defendant’s objection to the prosecutor’s questions about defendant’s communications with his lawyer; however, the questions were posed to impeach defendant’s credibility, and defendant had already admitted that he had lied to the police about ...

When sheriff’s deputies went to defendant’s home to arrest him for statutory rape and indecent liberties, defendant locked himself in his bedroom and threatened suicide. Defendant was not “in custody” while deputies negotiated his safe exit from his bedroom, so ...

Even if G.S. § 8-53, which allows a judge to compel disclosure of confidential medical information “if in [the judge’s] opinion disclosure is necessary to a proper administration of justice,” was not a constitutional method for law enforcement to obtain ...

Once his Miranda rights were read to him during custodial police interrogation, defendant said, “I’ll talk to you but I want a lawyer with it and I don’t have the money for one.” Given the ambiguity of defendant’s statement, police ...

At the time that defendant was stopped for a misplaced renewal sticker violation, there was no regulation directing her where to place the sticker. Nevertheless, the instructions on her registration card instructed her to place the sticker on the upper ...

Despite being on notice that DSS and the guardian ad litem were recommending that the trial court change the primary permanent plan for “Jimmy” and “Lola” from reunification to guardianship, the respondent-father failed to assert before the trial court his ...

not preclude the court from determining that termination of respondent’s parental rights was in “Scott’s” best interests. The trial court’s findings demonstrate that it considered the dispositional factors set forth in G.S. § 7B-1110(a) and performed a reasoned analysis weighing ...