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Tag Archives: Abuse of Discretion

Domestic Relations-Equitable Distribution – Classification – Workers’ Compensation – Post-Separation Award – Wife’s Exhibits (access required)

Bell v. Bell (Lawyers Weekly No. 14-16-0859, 15 pp.) (Linda Stephens, J.) Appealed from Wilkes County District Court (Jeanie Houston, J.) N.C. App. Unpub. Holding: A husband’s post-separation workers’ compensation award was properly classified as marital property based on (1) ...

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Criminal Practice – Jury & Jurors – Questionnaires – Abuse of Discretion – Harmless Error (access required)

U.S. v. Barnette A district court's refusal to provide the defense with clean copies of the juror questionnaires was clearly an abuse of its considerable discretion in the proceedings after remand on a capital murder defendant's Batson claim, but the 4th Circuit says the error was harmless, as the record shows the error in refusing to allow defendant access harmless beyond a reasonable doubt.

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Workers’ Compensation – Rule 60(b) Motion – New Evidence – Functional Capacity Evaluation – Abuse of Discretion (access required)

Brinn v. Weyerhaueser Co. (Lawyers Weekly No. 11-16-0037, 13 pp.) (Barbara Jackson, J.) Appealed from the Industrial Commission. N.C. App. Unpub. Click here for the full text of the opinion. Holding: Where the plaintiff’s psychiatric evaluation and FCE did not ...

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