North Carolina Lawyers Weekly

Fines collected pursuant to the City of Greenville’s red light camera program are paid to the school board, but the city violates N.C. Const. art. IX, § 7 and G.S. § 115C-437 when it charges the school board for enforcement ...

At the hearing held to decide whether petitioner’s driver’s license would be revoked, there was no attorney putting on the Division of Motor Vehicles’ case; in such cases, the hearing officer considers the evidence in the DMV file, issues subpoenas ...

It is undisputed that defendant negligently destroyed ten law books that the plaintiff-inmate was using to research his defense, yet the Industrial Commission’s damages award compensated plaintiff only for the loss of the use of the books, not for the ...

The Florida defendants were very much involved in the affairs of the N.C. defendant-corporation. For example, they negotiated a reduced rate of debt owed to the Florida limited partnership (LP) by the N.C. corporation, terminated plaintiff’s employment with the corporation ...

Even though the petitioner-employee left his job for good cause—knee pain exacerbated by his job duties—since the cause was not attributable to the employer, petitioner is not entitled to unemployment benefits. We affirm the Court of Appeals’ decision, which upheld ...

Although the statutes enacting the State Health Plan did not themselves establish a contract requiring the state to provide a premium-free preferred provider organization health insurance plan which allocated 80 percent of the costs of health care services to the ...

Having only heard intimations that William McCormick possessed information that might have benefited his client, defendant’s trial counsel exercised due diligence by hiring a private investigator to try to locate McCormick. Without knowing how McCormick would testify, due diligence did ...

Defendant argues that the attempted armed robbery indictment against him was invalid because it failed to give the names of the victims, instead describing them as the “employees of the Huddle House located at 1538 NC Highway 67, Jonesville, North ...

Nothing in the text of G.S. § 15A-269 expressly precludes defendants who have pleaded guilty from seeking postconviction DNA testing. The General Assembly’s use of the terms “verdict” and “defendant’s defense” does not limit the statute’s application to defendants who ...

At his murder trial, defendant asked the trial court to instruct the jury that he was entitled to use deadly force to defend himself in his home “regardless of the character of the assault.” The trial court sufficiently informed the ...