North Carolina Lawyers Weekly

We improvidently granted discretionary review of our Court of Appeals’ decision (The common law robbery indictment against defendant did not identify the owner of the property he was alleged to have stolen; nevertheless, defendant could be convicted of the lesser ...

In this medical malpractice case, on defendants’ motion to dismiss the complaint as time-barred, the trial court considered only the “arguments of parties and counsel for the parties and . . . reviewed the court file, pleading[ ], and memorand[a] ...

Even though plaintiff waited until 2018 to file a workers’ compensation claim for her 2014 back injury, since the record shows that the defendant-employer last paid for treatment for the injury in 2017, plaintiff’s claim was not barred by G.S. ...

From the state’s description of the factual basis for defendant’s plea of guilty to assault on a female, assaulting inflicting serious bodily injury and assault by strangulation, one can imagine distinct interruption between the assaults. However, the actual factual basis ...

Although the respondent-father challenged some of the trial court’s findings of fact, the trial court’s unchallenged findings show that, while domestic violence was clearly identified as the reason for “Kenny’s” removal and respondent engaged in services required by his case ...

Although a police officer did not see defendant driving his moped, the officer was allowed to testify – over defendant’s objection – that the circumstances of the single-vehicle accident led him to believe defendant had been the driver. Even if ...

Defendant, a convicted felon, used counterfeit bills to buy a handgun. Even if it were error for the district court to increase defendant’s offense level based on his possession of a firearm “in connection with another felony offense,” any such ...

Where (1) an alibi witness said defendant was with him the morning of the armed robbery, (2) defendant’s trial counsel does not recall whether she ever interviewed the alibi witness, and (3) the alibi witness says trial counsel never interviewed ...

In this custody action, G.S. § 50-13.6 allowed the trial court to award attorney’s fees to the intervenors, and its award was enforceable by contempt. However, since the award was made pursuant to § 50-13.6, the trial court lacked the ...

Defendant’s personal liability insurance policy excludes coverage for intentional acts. During an altercation with defendant, Baron Thomas Cass removed himself and walked away. Defendant produced a handgun and fired multiple shots in the direction of Cass, some of which struck ...