North Carolina Lawyers Weekly

When Judge Louis Trosch allowed plaintiff to amend its complaint under N.C. R. Civ. P. 15(a) to add claims for bad faith and unfair trade practices, the new claim did not “automatically” relate back to the filing date of the ...

Tagged with: Civil Practice

Even though the petitioner-Father’s counsel used an outdated summons form when serving process on the respondent-Mother, the summons nonetheless included all statutorily required information. Although Mother’s provisional counsel’s name was not listed on the summons (counsel had not been appointed ...

Tagged with: Domestic Relations

The respondent-Father argues that he did not abandon his child because, shortly before the petitioner-Mother filed the petition to terminate his parental rights, he sent his attorney an email inquiring about reinstating his visitation rights. However, that email is not ...

Tagged with: Domestic Relations

Even though the respondent-Father has engaged in therapeutic services to address his mental health needs, he still has difficulty regulating his anger, blames others for his actions, and abuses alcohol and marijuana. Clear, cogent and convincing evidence supports the trial ...

Tagged with: Domestic Relations

After “Michael” and “Kevin” were removed from her care, the respondent-Mother failed to make progress on her case plan, especially the parts designed to address her substance abuse. Mother belatedly obtained several psychological and substance abuse evaluations, but she was ...

Tagged with: Domestic Relations

On a matter of first impression, the court construes the “extended benefits” available under G.S. § 97-29(c), i.e., temporary total disability benefits past the usual 500 weeks, to be available under the same terms as temporary total disability benefits; however, ...

Tagged with: Workers Compensation

Even though defendant was indicted in 2019, evidence of her pseudoephedrine purchases going back to 2012 was relevant to show a consistent pattern of behavior by defendant, indicating she was engaged in the manufacturing and trafficking of methamphetamine. National Precursor ...

Tagged with: Criminal Practice

Where defendant consented to his counsel’s admission of guilt to misdemeanor larceny, and where counsel admitted that defendant took items from a store clerk but did not threaten him, defendant was not deprived of his Sixth Amendment right to counsel. ...

Tagged with: Criminal Practice

While defendant was sitting alone in an interrogation room at the police station, he talked to himself, his comments were recorded (“she thought I was trying to hurt her” and “that is the only reason she said ‘yes’”), and they ...

In the affidavit supporting his application for a warrant to search defendant’s home, a police officer relayed information gleaned from his face-to-face interview with a witness, Rynesha Green, who described her own actions in driving defendant to and from the ...

Tagged with: Criminal Practice