North Carolina Lawyers Weekly

After a drunken defendant learned that the victim had beaten defendant’s friend, defendant fought with the victim and shot him in the chest, killing him. At defendant’s trial for second-degree murder, the jury found all three forms of malice. Consequently, ...

Tagged with: Criminal Practice

The date and time stamp on a recording of a drug buy was a purely computer-generated record, created solely by the mechanical operation of a computer, and did not require human participation. Since the date and time stamp was automatically ...

Tagged with: Criminal Practice

Despite a lack of evidence of fellatio or vaginal penetration as to victim R.P. and no evidence of fellatio as to victim M.P., the trial court did not plainly err when it instructed the jury that “sexual act” included penetration, ...

Tagged with: Criminal Practice

The plaintiff-husband sued the defendant-wife for intentional infliction of emotional distress based on her behavior during the break-up of their marriage (allegedly disclaiming interest in funds, then taking them; expressing an intent to forgo alimony and a share in plaintiff’s ...

Tagged with: Tort/Negligence

On a prior appeal, this court remanded with instructions to the trial court to limit its award of attorneys’ fees against the paternal Grandparent-intervenors so that the grandparents were not held liable for any attorneys’ fees attributable to issues litigated ...

Tagged with: Domestic Relations

Caveator – decedent’s son – was intentionally left out of Testator’s will, and caveator contends that will was procured through the undue influence of Propounder, who was Testator’s neighbor and sole beneficiary under the will. Although Caveator sets out allegations ...

Tagged with: Trust and Estates

A loving couple lived happily together until dementia issues made it unsafe for them to stay together. Although there are other avenues for the plaintiff-wife’s guardian to secure plaintiff’s share of marital assets, the guardian may not institute an equitable ...

Tagged with: Domestic Relations

Where the defendant-landlord did not inspect the pipes in his rental house’s crawlspace before the plaintiff-tenant moved in in 2006, nor at any time during the tenancy, it is for a jury to decide whether the landlord was negligent in ...

Tagged with: Landlord/Tenant

On the issue of whether a trial court must balance equities before issuing a permanent injunction dealing with encroachment on or obstruction of an easement, our caselaw is wildly inconsistent. Staying as consistent with as much caselaw as possible, the ...

Tagged with: Real Property

Where (1) the plaintiff-property owners seek to prevent the defendant-city from demolishing their properties, (2) that relief would be available in an administrative action, and (3) plaintiffs did not exhaust their administrative remedies, the trial court lacked subject matter jurisdiction ...

Tagged with: Real Property