North Carolina Lawyers Weekly

Because defendant was in the process of committing a felony—possession of a firearm by a felon—when he shot a man in his home, defendant was not entitled to N.C. Pattern Instruction—Crim. 308.10, “Self-defense, Retreat—Including Homicide,” which is derived from G.S. ...

Even though the trial court granted guardianship to a non-parent without finding that the respondent-father was unfit or had acted inconsistently with his constitutional right to parent, since respondent was afforded an opportunity to raise his constitutional argument at trial ...

Both of “Sandra’s” parents have mental health issues. The respondent-father’s desire to protect the respondent-mother places their three daughters at risk of harm from the mother (e.g., when the father left the girls in their mother’s care, contrary to a ...

Even though the trial court was understandably concerned about once again uprooting young “Bart” after six placement changes in the first three years of his life, G.S. § 7B-903(a1) required the trial court to find, affirmatively, that permanent placement with ...

Where defendants made no effort to introduce evidence at the 13 September 2017 hearing before the deputy commissioner reflecting their purported offer of a light-duty “Security Escort Position” or of plaintiff’s purported refusal of the same, and where, on appeal ...

Although the petitioner-wife argued that the prenuptial agreement she signed on the eve of her 1978 wedding was unenforceable because it was signed under duress, was procured without financial disclosure, or was unconscionable, in the absence of evidence that the ...

Where (1) on 30 May 2019, plaintiffs filed a pro se complaint alleging the defendant-town had unlawfully spent public funds to pay for a town council member’s legal defense; (2) on 5 July 2019, plaintiffs amended their complaint pro se; ...

After being caught stealing on camera, admitting to the theft, stipulating to his prior record level and pleading guilty, defendant was sentenced within the presumptive range. In this pro se appeal, defendant raises no issues, and his appellate counsel has ...

Defendant contends that the trial court failed to perform its gatekeeper role under N.C. R. Evid. 702 because the state’s expert in forensic chemistry “did not testify to the principles and methods she used,” did not “provide any indication that ...

Defendant’s pro se petition for post-conviction DNA testing failed to (1) identify the evidence he wanted tested, (2) state whether that evidence had already been tested, or (3) show a reasonable probability that the test results would have affected the ...