North Carolina Lawyers Weekly

  An arresting officer’s testimony from a prior proceeding—a hearing on the defendant-probationer’s motion to suppress a gun found in his car during a traffic stop—was properly admitted during a subsequent probation revocation hearing. We affirm the revocation of defendant’s ...

Where the Board of Immigration Appeals instructed the Immigration Judge to allow a petitioner from Cameroon to explain inconsistencies in her prior testimony, her due process rights were violated when the judge denied her application for asylum before she was ...

Where the statute imposed liability on a defendant convicted for assaulting a postal employee with intent to rob and placing a life in jeopardy by use of a dangerous weapon, that was categorically a crime of violence under the force ...

Although a Swiss corporation argued the missing party, a British Islands entity, was not indispensable to resolution of claims involving performance under fuel contracts, its own complaint confirmed the missing party was necessary and indispensable. Because joining the missing party ...

An officer who shot a privately owned dog during the course of assisting with an arrest warrant lost his bid for dismissal and qualified immunity. Although the court had not previously held that it is unreasonable for a police officer ...

Where corrections officials who were tipped off that an inmate with a history of attempting to smuggle contraband into prison might be planning to do it again stripped searched his visitor, the search was upheld because the officials, who witnessed ...

  Without a transcript of jury voir dire, we do not know the victim’s race, the race of key witnesses, questions and statements of the prosecutor that tend to support or refute a discriminatory intent, or the state’s acceptance rate ...

  In the petition for partition by sale, petitioner alleged that she was “entitled to an equitable adjustment” of the parties’ share of the sale proceeds corresponding to the amount respondent should have contributed to the property taxes and mortgage ...

Although G.S. § 7B-2510 allows a trial court to extend a juvenile’s probation past one year, it may do so only if it “finds that the extension is necessary to protect the community or to safeguard the welfare of the ...

  Plaintiff sued the defendant-surgeon who placed a stent in her chest but voluntarily dismissed the surgeon, Dr. Schnier, who performed a second operation during which the stent was broken. Defendant was entitled to a jury instruction on “intervening cause” ...