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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 […]
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., […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
Top Legal News
- Catesha Hargro: Finding pathways forward
- Cooper vetoes bill over control of election boards
- Judge dismisses state lawmaker’s defamation suit
- 5th Circuit blocks Louisiana redistricting hearings
- Bonnie Keen: Charting her own course
- Courts’ work will continue amid government shutdown
- NC lawmakers to redraw district maps again
- Mississippi activists ask to join water lawsuit
- State judge blocks gender-affirming care ban
- Menendez pleads not guilty in wide-ranging corruption case
- Lawyer in Trump-Russia probe confirmed for Connecticut high court
- Commercial vehicle crash claims life of wife, mother: $3.99 million settlement
Commentary
- Amotion sees resurgence after almost a decade
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Court’s term was rough on big business
- Ex-president, bar association have made their choice
- Ruling sharpens boundaries in attorney-client privilege
- Lawyers Weekly debuts new and improved web experience
- US Supreme Court bites back at parody’s use of the First Amendment
- Supreme Court leaves key internet protection untouched
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
- A roadmap to attracting, developing, retaining great associates
