North Carolina Lawyers Weekly

There was no attorney-client relationship between the defendant-lawyer and the plaintiff-lender, but plaintiff’s claim against the lawyer – that he had notice that a satisfaction document was potentially fraudulent but nevertheless recorded the fraudulent satisfaction – is a claim of ...

Tagged with: Civil Practice

Where (1) police discovered a driver passed out at the wheel; (2) police learned that the driver’s license had been revoked; (3) police told the driver not to drive but did not take his keys or disable his vehicle; and ...

Tagged with: Tort

In a parking lot altercation, defendant shot plaintiff. After this court affirmed a judgment against defendant for battery, defendant moved for relief, asserting that his trial counsel had acted without his consent when counsel (1) entered into a consent order ...

Tagged with: Attorneys

Although plaintiff suffered a biceps tear at work while performing a task that was not included in his written job description, since that task – separating 40- to 50-pound sheets of rubber that had gotten stuck together – formed a ...

Tagged with: workers' compensation insurance

Both parties rely heavily on contentions regarding trespass as a reason for officers’ reasonable suspicion to stop defendant. As to the issue of trespass, the trial court found, “That Officer Martin and Officer Slauter testified they observed Defendant enter a ...

Tagged with: Criminal Practice

Not every domestic dispute constitutes a criminal offense. However, one that prompted a 911 call gave a deputy reasonable suspicion to stop defendant’s vehicle; defendant’s vehicle matched the description of one officers had been told to look for, and defendant ...

Tagged with: Criminal Practice

The trial court declined to instruct the jury that defendant – a judgment creditor of the victim – could not be guilty of common law robbery if she believed she was recovering her own property; however, the court did instruct ...

Tagged with: Criminal Practice

Even though a confidential informant’s (CI) contact told her to expect the person delivering her heroin (the runner) to be driving a brown Ford Taurus, since (1) defendant showed up at the appointed time and place in a black Ford ...

Tagged with: Criminal Practice

In his third motion for appropriate relief, defendant challenges the use of evidence from his accomplices’ trials to establish aggravating factors in his own guilty-plea case. Each claim defendant raised in this MAR was raised in previous MARs, or he ...

Tagged with: Criminal Practice

In order to enter into a First Offender Drug Education Program Deferral Agreement, defendant acknowledged that he was guilty of possession of drug paraphernalia. However, this did not constitute a conviction within the meaning of G.S. § 15A-1341(a2). The prosecution ...

Tagged with: Criminal Practice