North Carolina Lawyers Weekly
Posted by:North Carolina Lawyers Weekly Staff on January 25, 2023
Even if the trial court erred on remand when it revised defendant’s sentences from 1998 and 2002, ....
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Criminal Practice – Sexual Offense with a Child – ‘Disclose’ – No Vouching – ‘Full Criminal History’
Posted by:North Carolina Lawyers Weekly Staff on January 25, 2023
In this child sexual abuse case, three prosecution witnesses used the term “disclose” several ti....
Read More »Criminal Practice – Search & Seizure – Traffic Stop – Protective Vehicle Search – No Reasonable Suspicion
Posted by:North Carolina Lawyers Weekly Staff on January 25, 2023
Despite the officers’ knowledge of defendant’s history of gun possession, the circumstances of d....
Read More »Criminal Practice – Murder – Jury Instruction Request – Voluntary Manslaughter – Defendant’s Testimony
Posted by:North Carolina Lawyers Weekly Staff on January 25, 2023
Defendant admitted that he engaged in a fight with the victim, but defendant testified that he did n....
Read More »Criminal Practice – Search & Seizure – Constitutional – Ineffective Assistance Claim
Posted by:North Carolina Lawyers Weekly Staff on January 25, 2023
On a visit to defendant’s probationer boyfriend, a detective approached their mobile home through ....
Read More »Criminal Practice – Armed Robbery – Co-Conspirator’s Gun
Posted by:North Carolina Lawyers Weekly Staff on January 25, 2023
Even though defendant himself did not wield a gun, and even if the state failed to present evidence ....
Read More »Tort/Negligence – Breach of Fiduciary Duty Claims – LLC Unit Sales – Company Sale
Posted by:North Carolina Lawyers Weekly Staff on January 25, 2023
Plaintiffs sold their interests in the defendant-limited liability company to Richard Siskey a few y....
Read More »Prisons & Jails – Administrative – Grievance Procedures – Inconsistencies & Ambiguities
Posted by:North Carolina Lawyers Weekly Staff on January 25, 2023
The plaintiff-prisoner filed successive grievances: the first to get a Kosher diet, the second after....
Read More »Criminal Practice – Sentencing Enhancement – Reckless Endangerment – Armed Flight
Posted by:North Carolina Lawyers Weekly Staff on January 25, 2023
Where the evidence showed only that defendant ran from police while armed – without the “somethi....
Read More »Civil Rights – RA & ACA – Deaf Patient Proxy – Malfunctioning VRIs – Deliberate Indifference
Posted by:North Carolina Lawyers Weekly Staff on January 25, 2023
Where the defendant-hospital allegedly failed to provide the deaf plaintiff with any way to communic....
Read More »Labor & Employment – Union Settlements – Statutory Limitations – Farmworkers
Posted by:North Carolina Lawyers Weekly Staff on January 25, 2023
The “Settlement Provision” of G.S. § 95-79(b) prohibits parties from agreeing to any settlement....
Read More »Landlord/Tenant – Tenant Default – Fee Collection – Retroactive Statute
Posted by:North Carolina Lawyers Weekly Staff on January 25, 2023
Although North Carolina’s General Assembly may not retroactively revoke or amend a cause of action....
Read More »Criminal Practice – Second-Degree Murder – 3 Forms of Malice – Punishment Level
Posted by:North Carolina Lawyers Weekly Staff on January 25, 2023
After a drunken defendant learned that the victim had beaten defendant’s friend, defendant fought ....
Read More »Criminal Practice – Evidence – Hearsay – First Impression – Computer-Generated Date & Time Stamp
Posted by:North Carolina Lawyers Weekly Staff on January 25, 2023
The date and time stamp on a recording of a drug buy was a purely computer-generated record, created....
Read More »Criminal Practice – Sexual Offenses – Disjunctive Jury Instructions
Posted by:North Carolina Lawyers Weekly Staff on January 25, 2023
Despite a lack of evidence of fellatio or vaginal penetration as to victim R.P. and no evidence of f....
Read More »Tort/Negligence – Intentional Infliction of Emotional Distress – ‘Psychological Treatment’ – Insufficient Allegation
Posted by:North Carolina Lawyers Weekly Staff on January 25, 2023
The plaintiff-husband sued the defendant-wife for intentional infliction of emotional distress based....
Read More »Domestic Relations – Custody – Attorneys’ Fees – Grandparent Intervenors – Prior Appeal
Posted by:North Carolina Lawyers Weekly Staff on January 25, 2023
On a prior appeal, this court remanded with instructions to the trial court to limit its award of at....
Read More »Trusts & Estates – Wills – Undue Influence – Insufficient Allegations – Physical & Mental Infirmity
Posted by:North Carolina Lawyers Weekly Staff on January 25, 2023
Caveator – decedent’s son – was intentionally left out of Testator’s will, and caveator cont....
Read More »Domestic Relations – Separation & Equitable Distribution – Incompetent Spouses – Guardians’ Authority – First Impression
Posted by:North Carolina Lawyers Weekly Staff on January 25, 2023
A loving couple lived happily together until dementia issues made it unsafe for them to stay togethe....
Read More »Landlord/Tenant – Tort/Negligence – Lack of Inspection – Natural Gas Explosion
Posted by:North Carolina Lawyers Weekly Staff on January 25, 2023
Where the defendant-landlord did not inspect the pipes in his rental house’s crawlspace before the....
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