Even though G.S. § 7A-27(b)(3) says that an “appeal lies of right directly to the Court of Appeals … from any interlocutory order or judgment of a superior court or district court in a civil action or proceeding that … ...
Read More »Civil Practice – Appeals – Interlocutory – Partial New Trial
Workers’ Compensation – Medical Expert – Legal Opinion – Other Findings – Pre-Existing Condition 
Plaintiff complains that, in denying her claim for workers’ compensation benefits, the Industrial Commission cited a doctor’s “legal opinion” that “I would not expect Workman’s Compensation to cover her hip replacement as her avascular necrosis preceded the most recent injury.” ...
Read More »Real Property – Summary Ejectment – Landlord/Tenant Relationship – Security for Loan 
Defendant borrowed $800 from plaintiff and gave plaintiff a quitclaim deed to his property as security. Plaintiff recorded the deed one day after defendant’s 47-day repayment period expired. Based on these facts, and given the absence of allegations or evidence ...
Read More »Real Property – UVTA – Badges of Fraud – Buyer’s Explanations – Partnership 
When a judgment debtor sold real property to a limited liability company, the debtor did so in violation of the Uniform Voidable Transfers Act; however, since the debtor concealed its fraudulent intent from the LLC, the LLC was a good ...
Read More »Criminal Practice – Second-Degree Murder – DWI – Jury Instruction Request – Misdemeanor Death by Vehicle – Bond Refusal 
According to the state’s evidence, after drinking and after the Carolina Panthers had won the NFC championship, defendant drove well over the speed limit on South Boulevard, and he struck and fatally wounded a pedestrian without ever braking. This evidence ...
Read More »Criminal Practice – Jury Selection – One Lawyer Per Pass – Incomplete Questioning – Victim’s Vulnerability 
During jury voir dire, the trial court limited the parties to questioning by one attorney per pass. Although one defense attorney started questioning potential jurors before trial adjourned for the day and could not be present the next day of ...
Read More »Criminal Practice – Armed Robbery – Lay Witness – ‘Gang Signs’ – Facebook Photos 
Photos from Facebook were admitted as evidence of a conspiracy between defendant and Maurice Woodson. A police detective’s testimony, which spanned 57 pages, included only three mentions that defendant was displaying gang signs in the pictures. Even if the detective’s ...
Read More »Criminal Practice – Larceny after Breaking & Entering – Recency of Possession – Types of Goods 
Twelve days, at most, after the victim’s home was broken into, defendant was found in possession of all of the goods stolen from the victim’s home. Although some of the goods were of the type typically sold through lawful retail, ...
Read More »Criminal Practice – Child Abuse & Murder – Child’s Statement – Other Evidence 
Even if it was error for the trial court to allow a DSS investigator to testify that three-year-old K.S. said it was “Daddy” (meaning defendant) who had hurt her, there was sufficient other evidence—including defendant’s own admissions and unchallenged expert ...
Read More »Criminal Practice – Heroin Trafficking – Consecutive Sentences – Effect on Community 
It was not improper for the trial court to consider the impact of drugs when deciding to make defendant’s sentences run consecutively. A trial court may take into account the seriousness of an offense when exercising its discretion at sentencing. ...
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