NC appeals court overturns child abuse ruling over unsigned stipulation
A North Carolina court vacated a child abuse finding, ruling the trial court wrongly relied on an unsigned stipulation the mother never approved.
Court upholds geofence warrant, avoids constitutional ruling
Fourth Circuit upholds geofence warrant use but sidesteps ruling on its constitutionality, leaving privacy concerns unresolved.
4th Circuit: Arbitrator will resolve dispute over arbitration agreement’s scope
Where the parties’ contract delegates the arbitrability question to an arbitrator, a court possesses no power to decide the arbitrability issue, even if the court thinks that the argument that […]
4th Circuit: Court lacks jurisdiction over remand order
Where the District Court remanded a man’s application to the United States Citizenship and Immigration Services, or USCIS, for a decision on the merits, he could not appeal that decision […]
4th Circuit: Ruling reinstates lawsuit over search
Where an inmate alleged that prison officials violated his rights by violently pulling a contraband phone out of his rectum in a prison shower, the District Court erred by granting […]
Indictment valid with ‘essential elements’ of crime
The North Carolina Supreme Court ruled that an indictment is valid if it provides sufficient facts for a defendant to prepare a defense, despite technical defects.
11th Circuit does not halt Alabama execution
MONTGOMERY, Ala. — A federal appeals court on Tuesday declined to halt the upcoming execution of an Alabama man convicted in the beating deaths of an elderly couple during a […]
The weird world of appeal stays
Though they can be complicated, appeal stays are often crucial to ensuring your client can exercise his right to appeal at all.
Stay halts ACC’s lawsuit against Florida State
CHARLOTTE — The Atlantic Coast Conference’s lawsuit against member school Florida State University came to a temporary halt last week. North Carolina Business Court Chief Judge Louis Bledsoe III handed […]
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