North Carolina Lawyers Weekly

Although the plaintiff-psychologist told a father that it would take her four to six months to complete a custody evaluation, it took her two years to produce the report. After considering testimony about father’s attorney’s inability to contact plaintiff for ...

A man sentenced to 132 months in prison for possession and distribution of heroin failed to get his conviction overturned. Background A jury convicted Tacarlos Miller of conspiracy to distribute and possess with intent to distribute heroin and distribution of ...

Because the district court would have imposed the same sentence on an illegal immigrant convicted of sexual battery and illegal reentry, the error made in the process was harmless. Background Macias-Maldonado illegally entered the United States in 2006. In January ...

Because the prosecutor provided a lengthy statement alleging that the defendant maliciously burned the victim’s home after earlier threatening to do so, and defendant admitted in a recorded interview to setting another fire that coincided with the location of the ...

Plaintiff had previously filed two suits against defendant arising from her dissatisfaction with repairs defendant had performed on plaintiff’s home. The actions resulted in an arbitration award and consent judgment in favor of plaintiff. Plaintiff subsequently filed the present suit ...

Tagged with: Breach

Defendant was arrested for breaking or entering after he was found inside a warehouse whose alarm he had triggered. Pre-trial, the trial court denied defendant’s motion to dismiss for insufficient evidence. Defendant was tried and found guilty and sentenced to ...

Tagged with: Breaking or Entering

Defendant was arrested after detectives determined he appeared to be the individual on a surveillance video who accompanied another individual who fraudulently accessed a bank account to cash a check. At trial, the investigating detective’s testimony identified defendant on the ...

Tagged with: Surveillance

Defendant’s motion to dismiss for insufficient evidence of intent to commit larceny was correctly denied where the state’s evidence supported a theory that defendant broke into the vehicle to search for valuables and retreated when he was caught by officers. ...

Tagged with: Breaking or Entering

Defendant was charged with assault with a deadly weapon inflicting serious injury and felony hit-and-run for running over the boyfriend of defendant’s former paramour. The jury convicted defendant on both charges. The trial court need not have instructed the jury ...

Tagged with: hit-and-run

The state presented sufficient evidence that defendant willfully failed to report his whereabouts to probation officers when he left his place of residence without prior approval, failed to update his residential address, and was unable to be located or contacted ...

Tagged with: Absconding