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Feb 27, 2020

Bleacher feature: COA revives baseball fan’s lawsuit

Newman Park, on the campus of Catawba College, would make an ideal backdrop for a movie about old-time baseball. The grandstand still has the same wooden bleachers it had when it was erected in 1934—or at least many of them, anyway. A few were removed after a woman seriously injured herself during a game, and […]

Sep 11, 2018

Criminal Practice – District Court’s suppression and sentencing affirmed on appeal

The district court correctly denied appellant’s motion to suppress because the arrest was supported by probable cause and the vehicle search was subject to the community caretaking exception to the warrant requirement. The district court also correctly sentenced appellant in accordance with the Armed Career Criminal Act. Background On April 22, 2014, around 10:00 p.m., […]

Aug 15, 2018

NC GOP leaders to appeal judicial race court ruling

RALEIGH (AP) North Carolina legislative leaders will challenge a trial judge’s decision allowing a state Supreme Court candidate accused by some of masquerading as a Republican for electoral mischief to appear on the ballot with a GOP designation. Spokesmen for Republican House Speaker Tim Moore and Senate leader Phil Berger said Aug. 14 the legislators plan […]

Apr 11, 2018

Cooper says court rulings favoring Republican need appeals

RALEIGH (AP) North Carolina Gov. Roy Cooper isn’t giving up following new court rulings favoring Republican legislative leaders and the laws they passed. Cooper’s lawyers are expected to appeal judicial decisions upholding laws that reduced the number of Court of Appeals judges and directed the governor to include increased funding for taxpayer-funded private school tuition […]

Sep 21, 2017

Criminal Practice – State’s Appeal – No Statutory Authority – Expunction Order

County of Onslow v. J.C. (Lawyers Weekly No. 011-293-17, 3 pp.) (Chris Dillon, J.) Appealed from Onslow County Superior Court (Mary Ann Tally, J.) N.C. App. Holding: Because G.S. § 15A-1445 does not include any reference to a right of the state to appeal from an order of expunction, we are compelled to conclude that […]

North Carolina Court of Appeals opinions
Jul 27, 2017

Cross-appeal clarification

The North Carolina Court of Appeals made clear in a July 18 ruling that which the state Rules of Appellate Procedure and case law failed to explicitly state: In a single proceeding resulting in multiple orders, a cross-appellant filing a cross-appeal outside of the rules’ 30-day window, but within the 10 days allowed for cross […]

Mar 29, 2017

Civil Practice – No Appeal of Writs of Attachment

U.S. and States of North Carolina, California, Illinois ex rel. Lutz v. BlueWave Healthcare Consultants Inc. (Lawyers Weekly No. 001-075-17, 16 pp.) (Duncan, J.) No. 16-1597, March 23, 2017; USDC at Beaufort, S.C. (Gergel, J.) 4th Cir. Holding: Defendants who allegedly violated the False Claims Act and the Anti-Kickback Act when acting as a sales […]

North Carolina Court of Appeals opinions
Jan 19, 2017

Settled question of appeal right settled again

What appeared to be a well-settled question of law divided the North Carolina Court of Appeals in a case centered on whether a defendant who moved to withdraw a guilty plea at the trial level had an automatic right to appeal. The court’s majority, led by Judge Mark Davis, answered in the affirmative in State […]

May 25, 2016

Civil Practice – Interlocutory Appeal – Entry of Default Judgment on Counterclaims

Rodriguez v. Beckwith (Lawyers Weekly No. 012-120-16, 6 pp.) (Richard Dietz, J.) Appealed from Swain County Superior Court (Kristina L. Earwood, J.) N.C. App. Unpub. Holding:  Trial court entered default judgment on counterclaims, where plaintiff’s reply to counterclaims was well past the 30-day deadline to respond. We reverse the trial court’s judgment and remand for […]

Feb 3, 2016

NC Appeals Court: You ain’t getting golf and gas money

Well, it doesn’t hurt to ask. Alan Epley hoped he could convince a Mecklenburg County judge to order his ex-wife to pick up the cost of gas he used to visit his new girlfriend, as well as the $650 he allegedly spent each month playing golf. When the trial judge ruled Epley was not entitled […]

Jan 25, 2016

Civil Practice – Appeals – Jurisdiction – Successive Motions – Withdrawn Appeal

Kelley v. Andrews (Lawyers Weekly No. 012-019-16, 5 pp.) (Richard Dietz, J.) Appealed from Durham County Superior Court (Orlando Hudson, J.) N.C. App. Unpub. Holding: While the defendant-sheriff’s appeal of the trial court’s denial of the sheriff’s first motion to dismiss (arguing sovereign immunity) was still pending, the sheriff filed a second such motion, adding […]

Jan 21, 2016

Appeals court to hear ‘Sister Wives’ polygamy case

SALT LAKE CITY (AP) — Lawyers for a family made famous by the TV show “Sister Wives” are set to ask a federal appeals court on Thursday to uphold a ruling that decriminalized polygamy in Utah. The case is scheduled to come before the 10th Circuit Court of Appeals in Denver after the Utah Attorney […]

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