North Carolina Lawyers Weekly

We vacate our Court of Appeals’ decision (Regardless of whether defendants have the ability to comply with the trial court’s order – requiring them to remove structures from plaintiff’s land and to attest never to trespass on plaintiff’s land again ...

Tagged with: Contempt

After his arrest, defendant told police where he had left his six-year-old victim chained to a tree, told them how to unlock the chains, said he was sorry and that he hoped she was okay, and said he had planned ...

Tagged with: evidence

The state presented the following evidence: (1) the victim was heard screaming; (2) strangers Jean and John ran toward the sound of the screams and “saw a man straddling” the victim; (3) John threw the man off the victim and ...

Tagged with: Rape

The state presented evidence of a Facebook message showing hostility between defendant and the victim over defendant’s interactions with the victim’s girlfriend and that (1) on the same night as the Facebook message, an armed man came to the victim’s ...

Tagged with: murder

Where the trial court found that “there is no certain prognosis” for defendant’s potential for rehabilitation, defendant – who was 17 when he committed the two murders at issue – does not fall within the class of juvenile offenders who ...

Tagged with: sentencing

A hunter found the victim’s skeleton in a field; at trial, the hunter positively identified the victim’s skull as the one he found, based on its two front teeth. Although the trial court’s admission of a homicide victim’s skull is ...

Tagged with: murder

At his trial on an assault petition, the juvenile defendant testified that he threw a full, unopened milk carton at his teacher’s face, thereby intentionally striking her. Only after his testimony did the trial court inform the juvenile that he ...

Tagged with: juvenile

On plaintiff’s motion, Judge Marshall Bickett recused himself; thereafter, Judge James Randolph had no authority to grant plaintiff’s Rule 59 motion. Although the first order granting the defendant-maternal grandmother custody of the plaintiff-mother’s child was entered in Florida, our courts ...

Tagged with: Child Custody

According to plaintiff, her childless and widowed brother willed a condominium to her and a house to his sister-in-law. After learning that his sister-in-law preferred the condo, the decedent decided the women could switch, and he deeded the condo to ...

Tagged with: Real Property

Plaintiffs alleged that defendants had failed to make necessary repairs to plaintiffs’ vehicle and had actually damaged the vehicle, and the trial court relied on plaintiff Burton’s affidavit – saying the vehicle was undriveable and had sustained $22,750 in damages ...

Tagged with: attorney's fees