North Carolina Lawyers Weekly
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Criminal Practice — Armed Robbery – Taser – Harbison Inquiry – Contempt – Standard of Proof
In order to ensure that the victim could not defend himself, defendant used a stun gun to incapacitate the victim while defendant’s boyfriend beat the victim, which included beating the victim on his head. Since the jury could conclude from ...
Read More »Domestic Relations — Parent & Child – TPR – Abandonment – Willfulness – Post-Petition Activity
After losing his temper at a supervised visitation and having his visitation with “Ian” suspended until he completed an anger management program, the respondent-father refused to engage with DSS or to pursue any of his case plan objectives until he ...
Read More »Starvation is inherently malicious, Supreme Court rules
The North Carolina Supreme Court has upheld the first-degree murder conviction of a Gaston County man who starved his 4-year-old disabled stepson to death, finding that the requisite malice for a murder by starvation conviction is present when a parent withholds sufficient nourishment from a child, even if they provide some food and ...
Tagged with: starvation
Read More »Criminal Practice — Alford Plea – Motion to Withdraw – Post-Sentencing – Restitution Amount
Even though defendant’s Alford plea to assault inflicting serious bodily injury was entered under defendant’s alleged misconception as to the amount of money involved in restitution, since the trial court made a careful inquiry of defendant regarding his decision to ...
Read More »Domestic Relations — Parent & Child – Visitation – Father’s Authority – Costs
When the trial court awarded the respondent-mother supervised visitation, it erroneously delegated its judicial function to the children’s father by allowing him to choose the supervised visitation facility. A trial court may not delegate to the custodial parent the court’s ...
Read More »Lawyers ask that ex-N.C. Rep. Lewis receive no prison time
CHARLOTTE (AP) — A longtime North Carolina state lawmaker should not receive active prison time for his guilty plea to charges involving his scheme to siphon campaign dollars to his ailing family farm, attorneys recommended to a federal judge this ...
Tagged with: Prison
Read More »May 10, 2021
Tagged with: digital edition
Read More »Sheriff: Deputy fatally shot Black man while serving warrant
ELIZABETH CITY (AP) — A North Carolina deputy shot and killed a Black man while serving a search warrant Wednesday, authorities said, spurring an outcry from community members who demanded law enforcement accountability and the immediate release of body camera ...
Tagged with: police shooting
Read More »N.C. court to decide if voter defamation lawsuit can proceed
RALEIGH (AP) — A North Carolina appeals court panel will soon decide whether a libel complaint can proceed to trial over false accusations that representatives of former Gov. Pat McCrory made in 2016 alleging several voters had unlawfully cast multiple ...
Tagged with: Elections
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