North Carolina Lawyers Weekly

  Where the evidence at trial showed that defendant and his companions went to Angela Leisure’s house to retrieve money that even Leisure admitted she owed them, the state failed to prove that defendant had an intent to take and ...

  Even if a drug dealer’s men disobeyed him and, instead of bringing actual cocaine to an arranged buy, brought counterfeit cocaine to sell to an undercover police detective, since either sale would have been an unlawful act, there was ...

  Defendant Movahed’s involvement in the treatment of plaintiff’s decedent was limited to interpreting the results of a nuclear stress test. Even though plaintiff had cardiologist Stuart Toporoff review her medical records before the statute of limitations expired, since Toporoff ...

Unlike the mandatory nature of the state retirement system, state employees need not take advantage of health care insurance benefits, and – also unlike pensions – the level of retirement health care benefits is not dependent upon an employee’s position, ...

Even though the trial court did not make specific findings or conclusions regarding the defendant-husband’s ability to pay the alimony required by the parties’ separation agreement, (1) no question of the husband’s ability to pay was raised at trial, (2) ...

The fact that the parties ultimately settled their hard-fought custody dispute does not mean the defendant-mother was not acting in good faith. We affirm the trial court’s award of $45,000 in attorney’s fees. Good Faith A party demonstrates good faith ...

Defendant unsuccessfully moved for summary judgment on the basis of res judicata. Since there is no risk of inconsistent verdicts, defendant is not entitled to an immediate appeal. Appeal dismissed. This case is easily distinguishable from cases holding that the ...

The entry of a guilty plea precluded defendant’s appeal where it did not raise a sentencing issue, denial of a motion to suppress, or denial of a motion to withdraw plea. We affirm defendant’s conviction and judgment of sentence. Defendant ...

  The law did not permit a criminal defendant to be convicted of both the larceny of an object and the possession of that stolen object. We vacate defendant’s judgment of sentence in part and remand for resentencing Officers responded ...

Even though the state technically only provided defendant 20 days’ notice – rather than the statutorily required 30 days’ notice – of its intent to prove an aggravating factor, since defendant’s trial lawyer stipulated that he had received the proper ...