North Carolina Lawyers Weekly

Eleven years after she was awarded half of her ex-husband’s IRA, defendant moved for contempt, alleging that plaintiff had failed to transfer her one-half share of the IRA. The trial court correctly ruled that defendant’s contempt motion was barred by ...

Where a police officer asked two occupants in a stopped car whether there was “anything illegal” in the car, the motion to suppress firearms found in the car was denied because the question went to officer safety, given the time ...

Where the affidavit in support of a search warrant application lacked information as to when the alleged events occurred, the application was insufficient to allow the magistrate to find probable cause to search defendant’s premises. We reverse the trial court’s ...

Even though the state presented evidence that defendant was driving recklessly and grossly speeding at and near the time of the fatal collision, since (1) the only evidence of intoxication came from an unconstitutionally obtained blood sample; (2) the trial ...

Defendant falls within the class of individuals for whom State v. Grady, 372 N.C. 509, 831 S.E.2d 542 (2019) (Grady III), found satellite-based monitoring (SBM) to be unconstitutional. Since defendant had already been sentenced and had already been subject to ...

Where a labor union challenged advisory opinions limiting government employees’ speech about impeachment efforts in 2020, but those opinions were withdrawn after then-President Trump left office and there was no credible allegation of any chilling effect from the opinions while ...

Where a South Carolina county warned residents before it sprayed for mosquitoes in an effort to prevent the spread of the Zika virus, including issuing a press release to many media outlets and providing the experienced pilot with the locations ...

In this legal malpractice action, the defendant-attorney and law firm contend that collateral estoppel bars the plaintiff-trustee and executor from re-litigating the issue of a testatrix’s intent with respect to the exercise of a power of appointment granted to her ...

Defendant was convicted of obtaining property by false pretenses after he pawned a ring belonging to his mother-in-law, who provided him and her daughter a place to live, and who also has custody of the couple’s three children. Although the ...

Even though the subpoena that was personally served on the defendant-witness was missing its second page and therefore failed to meet statutory requirements, since the subpoena was also validly served by telephone, the trial court had jurisdiction to hold the ...