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, ...
Read More »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 ...
Tagged with: appeal
Read More »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 ...
Tagged with: appeal candidate judicial candidate lawsuit North Carolina Supreme Court
Read More »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 ...
Tagged with: appeal Gov. Roy Cooper lawsuit
Read More »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 ...
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Read More »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 ...
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Read More »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 ...
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Read More »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 ...
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Read More »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 ...
Tagged with: appeal
Read More »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 ...
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