North Carolina Lawyers Weekly

In their answer, defendants admitted that they hired plaintiff, operating under the name PuroClean, to perform mitigation and remediation services on their properties. Defendants admitted that plaintiff performed the work, and that they owed plaintiff compensation for the reasonable value ...

Tagged with: Civil Practice

Plaintiff alleges that defendant’s listing of her brother’s manner of death as “undetermined” caused her severe emotional distress. Plaintiff’s claim filed 3 August 2020 alleges her severe emotional distress manifested after plaintiff “learned of the manner of death certification and ...

Tagged with: Tort-Negligence

Plaintiffs have not obtained a judgment against the owner and driver of the vehicle that caused the underlying accident, and the allegations in plaintiffs’ complaint show that plaintiffs never came to a meeting of the minds in their settlement agreement ...

Tagged with: Tort-Negligence

Because defense counsel had appeared on defendant’s behalf, defendant violated N.C. R. Civ. P. 11 when he subsequently filed eight pro se motions and initiated a civil suit against plaintiff for actions that took place prior to a consent order, ...

Tagged with: Civil Practice

Even if the trial court should have granted defendant’s motion to strike his accomplice’s testimony, any such error was not prejudicial given the state’s other evidence that defendant was trafficking heroin. We find no prejudicial error in defendant’s convictions for ...

Tagged with: Criminal Practice

While it is improper for counsel to ask a witness whether he has in fact spoken the truth during his testimony, counsel does not improperly vouch for the credibility of a witness by merely providing the jury a reason to ...

Tagged with: Criminal Practice

At the time of defendant’s trial for kidnapping and attempted human trafficking of a minor, the state was unable to find the victim, “Amy.” Over defendant’s objection, the trial court allowed the state to enter into evidence Amy’s testimony from ...

Tagged with: Criminal Practice

Defendant correctly notes that G.S. § 14-51.3 supplants the common law on all aspects of the law of self-defense addressed by its provisions; however, contrary to defendant’s argument, the aggressor doctrine is still intact pursuant to G.S. § 14-51.4(2). We ...

Tagged with: Criminal Practice

Even though the prosecution’s chemist relied upon raw data generated by other SBI analysts, the testifying chemist conducted his own independent analysis of the data in accordance with SBI procedures and methodology. An expert may base his opinion on the ...

Tagged with: Criminal Practice

By the time of the hearing on the probation violations defendant committed during the term of probation, his probation term had expired. The trial court expressly stated, “Good cause exists for the revocation of probation, given the defendant committed new ...

Tagged with: Criminal Practice