North Carolina Lawyers Weekly

  The trial court’s findings—that defendant violated her probation by absconding, failing to report to her probation officer, failing drug tests, and failing to complete community service and that defendant was arrested for a felony registration violation, for which she ...

  Where defendant was sentenced to community punishment for a misdemeanor, and where the trial court made no specific findings as to why a longer period of probation was necessary, the trial court erred in placing defendant on probation for ...

  If, on remand, the defendant-subdivision council prevails on any part of its claim for damages against the plaintiff-homeowners, an award of attorneys’ fees under G.S. § 47F-3-116 would be proper. The trial court does not have discretion with regard ...

Where the sentencing court failed to address the defendants’ non-frivolous arguments against a life sentence, including his age and sentencing disparities with his co-conspirators, resentencing is required. Background A jury convicted appellant Lemont Jerrone Webb of multiple criminal offenses related ...

Where the record showed the confinement conditions were severe in comparison to those that exist in general population; that the inmate’s segregation status may have had collateral consequences relating to the length of his sentence and the segregation was for ...

Where a man convicted under a Virginia statute for willful discharge of a firearm was removed to Jamaica, he was ordered returned to the United States because his Virginia conviction did not qualify as a federal firearm offense for the ...

In denying en banc review of the panel decision holding that an error of the rule announced by the Supreme Court in Rehaif v. United States, 139 S. Ct. 2191 (2019), is a structural error not amenable to harmless or ...

Although the pilot was not cleared to fly, an airline nevertheless violated the Uniformed Services Employment and Reemployment Rights Act, or USERRA, by not reemploying him “promptly” in an alternative position. Background As Thomas Harwood neared completion of a tour ...

  In support of her motion to modify custody, the plaintiff-mother presented exhibits and testimony showing that the defendant-father regularly failed to abide by the trial court’s custody order; i.e., plaintiff’s evidence indicated that defendant (1) kept the parties’ child ...

A trial court order compelling arbitration is interlocutory and not immediately appealable. On appeal, plaintiffs argue an issue they failed to raise before the trial court—the validity or conscionability of the arbitration agreement’s confidentiality clause—and they do not argue on ...