Quantcast
Home (page 2)

Tag Archives: Buncombe County

Criminal Practice – Maintaining a Dwelling – Possession and/or Sale – Jury Instructions – Marijuana Trafficking – Constitutional – Confrontation Right – Expert Witness – Sentencing – Mitigating Factors (access required)

State v. Garnett. (Lawyers Weekly No. 11-07-0153, 20 pp.) (Robert N. Hunter Jr., J.) Appealed from Buncombe County Superior Court. (Zoro J. Guice Jr., J.) N.C. App. Click here for the full text of the opinion. Holding: Even though defendant ...

Read More »

No liability for device makers in Buncombe distracted driver crash (access required)

Two companies that manufacture communications devices for truck drivers have been dismissed from a lawsuit brought by plaintiffs injured in a 2008 accident on Interstate 40 in Buncombe County. U.S. Magistrate Judge Dennis L. Howell had recommended that Geologic Solutions, Inc.'s and Xata Corporation's 12(b)(6) motions to dismiss be allowed because the plaintiffs failed to state a recognized cause of action, and a U.S. district judge recently adopted that view. Asheville attorney Brady J. Fulton (pictured) said the ruling could be used as precedent by attorneys representing manufacturers in all manner of distracted driver injury cases.

Read More »

Criminal Practice – Evidence – Expert Testimony – Drug Trafficking – Chemical Analysis – Random Sample – Paraphernalia (access required)

State v. Hicks. (Lawyers Weekly No. 10-16-1076, 17 pp.) (Cheri Beasley, J.) Appealed from Buncombe County Superior Court. (Alan Z. Thornburg, J.) N.C. App. Unpub. Click here for the full text of the opinion. Holding: Even though the state’s expert ...

Read More »

Scooter rider settles for $775K after drilling truck hit him (access required)

Plaintiff was employed full-time and largely self-sufficient prior to the accident, living independently, with no government assistance or services. Plaintiff was working approximately 40 hours per week for a regional grocery chain, but had no health insurance. Plaintiff rode his ...

Read More »

Criminal Practice – DWI – Defendant as Driver – Evidence – Passenger – Reckless Driving to Endanger (access required)

State v. Hensley. Even though defendant presented eyewitness testimony that, earlier on the day of the accident, defendant was a passenger on a moped, this did not negate the state's circumstantial evidence that defendant was driving the moped by the time of the accident.

Read More »

Constitutional – Ex Post Facto Challenge – Criminal Practice – Sex Offenders – Satellite-Based Monitoring – Civil Regulatory Program – First Impression (access required)

State v. Bowditch. Even though the satellite-based monitoring program has some of the characteristics of punishment, it is not as punitive as other programs found to be non-punitive by the U.S. Supreme Court, and it is rationally related to the state's desire to protect the public. We reverse the trial court's declaration that the satellite-based monitoring (SBM) program violates the ex post facto clause.

Read More »

Domestic Relations – Custody – Visitation – Substantial Change in Circumstances – Contempt (access required)

Mull v. Mull. (Lawyers Weekly No. 10-16-0897, 7 pp.) (Sanford L. Steelman Jr., J.) Appealed from Buncombe County District Court (Rebecca B. Knight, J.) N.C. App. Unpub. Holding: A modification of a final visitation order must be supported by evidence ...

Read More »