North Carolina Lawyers Weekly

Defendant argues that her due process rights were violated when the trial court admitted a Walmart surveillance video into evidence at her probation revocation hearing without allowing her to confront Walmart personnel about the substance of the video, whether there ...

While the state did present a restitution worksheet, the worksheet was not supported by documentation or testimony to justify the amount, and defendant did not stipulate to the amount. Thus, there was not competent evidence to support the trial court’s ...

A police officer found defendant asleep at a traffic light in a vehicle with its motor running. It took multiple attempts to wake defendant, who (1) appeared groggy, (2) emitted a moderate to strong smell of alcohol, (3) eventually admitted ...

When he petitioned the trial court to terminate his sex offender registration requirement, petitioner provided the court with a copy of the Michigan statute under which he had been convicted in 1997. However, petitioner provided the court with an amended ...

An individual identifying himself as defendant Fields called in to the hearing on plaintiffs’ motion for default judgment, and he claimed that he and defendant Crete are currently residents of Florida and that they had been unaware, until then, that ...

Excess insurer Arrowood Indemnity Co. relies on an unsigned pollution exclusion endorsement to argue that it is entitled to summary judgment on plaintiff’s claim for coverage related to coal ash liabilities. Where the policy stated that its terms could not ...

Despite being asked to do so, the trial court failed to make the requested findings of fact or conclusions of law with respect to whether defendants’ medical review committee is composed of “healthcare providers licensed under” G.S. Chapter 90, the ...

In this action between two neighbors proceeding pro se, as part of its no-contact order, the trial court could require defendant to obtain a mental health evaluation based on her concerning, delusional beliefs and behaviors in regard to plaintiff, such ...

Even if the trial court erred when it allowed the prosecution’s expert witness to testify that the presence of hydrocodone could have been masked by the presence of another drug or hydrocodone could have been present in too small a ...

The trial court should not have allowed lay witnesses to testify about (1) where they thought defendant was driving on the night of the murder or (2) who they believed orchestrated the shooting of a witness. However, since three eyewitnesses ...