North Carolina Lawyers Weekly
There was no evidence that defendant even realized his probation officer was trying to find him between October 10 and 12, 2017, so the officer’s testimony that “all efforts to contact the family, friends and [defendant’s] old numbers were unsuccessful” ...
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Criminal Practice – Probation Violation – Absconding – Insufficient Showing – Abusive Language – Insufficient Notice
Criminal Practice – Sentencing – Aggravating Factor – Guilty Plea – Dangerous Weapon – Sexual Offense – Satellite-Based Monitoring 
Even though defendant stipulated to the “used a deadly weapon” aggravating factor, in light of our Supreme Court’s holding that non-constitutional sentencing issues are automatically preserved for appellate review by statute and our decision in State v. Bacon, 228 N.C. ...
Read More »Tort/Negligence – Wrongful Death – Nursing Home – Failure to Supervise – Medical Malpractice – Rule 9(j) – Sanctions
Plaintiff’s decedent, a nursing home resident, died about two months after drinking part of a bottle of body wash. Although plaintiff argued that her complaint alleged only the ordinary negligence of a failure to supervise, the complaint actually alleges ...
Read More »Domestic Relations – Equitable Distribution – Valuation – Zillow – Adult Son’s Car
When plaintiff was testifying on direct examination, the trial court excluded evidence from Zillow.com as to the value of defendant’s home; however, plaintiff was allowed to testify that, “based on all the sources and your knowledge of the market ...
Read More »Workers’ Compensation – Compromise Settlement Agreement – Withdrawal – No Commission Approval
The Industrial Commission found that plaintiff and defendant Fireman’s Fund Insurance never reached an agreement as to all essential terms for an enforceable settlement, so plaintiff and Fireman’s Fund did not reach a meeting of the minds and no ...
Read More »Domestic Relations – Parent & Child – Termination of Parental Rights – Inadequate Progress – ‘Removal’ – Consent Custody Order – Neglect Timeline – Abandonment
As a ground for terminating respondent’s parental rights, the trial court found that respondent had failed to make reasonable progress to correct the conditions that led to her child, “Pat’s” removal. However, there was no “removal” because respondent entered ...
Read More »Domestic Relations – Parent & Child – Permanent Plan – Reunification Elimination – Insufficient Findings
When the trial court eliminated reunification with respondent from the child K.S.’s permanent plan, the court made findings as to only two of the four factors set out in G.S. § 7B-906.2(d); moreover, the court failed to make a finding ...
Read More »Domestic Relations – Parent & Child – Termination of Parental Rights – Abandonment – Lack of Contact – Credibility – Relinquishment
While the respondent-father argues correctly that “abandonment” implies conduct which manifests a willful determination to forgo all parental duties and to relinquish all parental claims to the child, the trial court here found that respondent had failed to have any ...
Read More »Domestic Relations – Parent & Child – Cessation of Reunification Efforts – Guardianship
Even though the trial court made guardianship the primary plan for respondents’ children, appointed guardians, waived further scheduled hearings, and relieved Wake County Human Services, the guardian ad litem, and respondents’ counsel from further responsibility, the trial court did ...
Read More »Domestic Relations – Parent & Child – Neglect Adjudication – No Merit Brief – Appeals
Where (1) respondent’s appellate counsel filed a no-merit brief pursuant to N.C. R. App. P. 3.1(d); (2) counsel provided respondent with copies of the no-merit brief, transcript, and record on appeal and advised her of her right to file a ...
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