North Carolina Lawyers Weekly

From the plain language of the affidavit in support of a warrant to search defendant’s home, all that can be discerned is that law enforcement observed their confidential informant’s drug dealer, Robert Jones, at defendant’s home and apprehended Jones with ...

Pursuant to a court order, law enforcement placed a tracking device on a vehicle owned by Sherry Harris and regularly driven by Ronald Evans. During a trip to New York to obtain heroin, defendant apparently knew the route and did ...

In this second-degree forcible rape case, the state’s theory was that the victim was physically helpless; consequently, force and lack of consent were implied by law. Thus, any mistake as to the victim’s consent was relevant. The trial court did ...

Even though the parties’ prenuptial agreement said that properties acquired with one spouse’s separate assets would also be that spouse’s separate property upon the couple’s divorce, since (1) the agreement also said the spouses could make gifts to each other, ...

In order to count the assets of a marital trust towards a surviving spouse’s elective share of a decedent’s estate, G.S. § 30-3.3A(e)(1)c requires that the “trustee shall distribute to or for the benefit of the surviving spouse out of ...

Even though the OSHA Review Commission docketed the petitioner-employer’s “Notice of Contest” challenging an OSHA citation, since the citation had been issued more than 15 months earlier and gave petitioner 15 business days to file its Notice of Contest, petitioner’s ...

Where the defendant, who appeared to be sleeping or unconscious in a running car that was positioned erratically in a school parking lot, began driving away when the police arrived, there was reasonable suspicion search his vehicle. Background A federal ...

The defendant-employees of the North Carolina Department of Transportation, assert that they are entitled to public official immunity because their positions were created pursuant to statute, i.e., G.S. §§ 143B-345, 143B-346 and 136-18. These statutes speak to NCDOT as an ...

Because respondent was being treated at a private institution, there was no statutory requirement to have an attorney for the state present at respondent’s involuntary commitment hearing; moreover, there is no constitutional right to opposing counsel. The trial court’s neutral ...

Where most of the trial court’s findings address the respondent-parents’ history of domestic violence, but where the trial court also found that “there ha[d] not been any reports of domestic violence since the last hearing” and that the parties had ...