Jacobs-Sams v. Duke University Medical Center (Lawyers Weekly No. 012-184-17, 14 pp.) (Valerie Zachary, J.) Appealed from the Industrial Commission. N.C. App. Unpub. Holding: Although plaintiff was not required to prove the amount of toxic substances in the air in ...

Tagged with: burden of proof

State v. Anders (Lawyers Weekly No. 021-001-17, 5 pp.) (R. Kent Harrell, J.) Columbus County Superior Court. 16-CRS-50026; Nov. 9, 2017. Holding: Defendant has the burden of proving immunity under G.S. §§ 14-51.2 and 15-51.3 by a preponderance of the ...

Tagged with: burden of proof

Tigani v. Tigani (Lawyers Weekly No. 011-324-17, 12 pp.) (Valerie Zachary, J.) Appealed from Union County District Court (Joseph Williams, J.) N.C. App. Holding: Although defendant did not appear at the hearing on plaintiff’s motion to hold him in contempt, ...

Tagged with: burden of proof

Pine v. Wal-Mart Associates, Inc. #1552 (Lawyers Weekly No. 011-270-17, 42 pp.) (Lucy Inman, J.) (John Tyson, J., concurring in part & dissenting in part) Appealed from the Industrial Commission. N.C. App. Holding: A recent statutory amendment makes it error ...

Tagged with: burden of proof

Evans v. Evans (Lawyers Weekly No. 14-16-0433, 6 pp.) (Linda McGee, J.) Appealed from Durham County District Court (James Hill, J.) N.C. App. Unpub. Holding: Where this contempt proceeding was initiated by a motion filed by defendant, the allegedly aggrieved ...

Tagged with: burden of proof

Bookman v. Britthaven, Inc. (Lawyers Weekly No. 14-07-0339, 14 pp.) (Robert C. Hunter, J.) Appealed from Wilson County Superior Court (Milton Fitch Jr., J.) N.C. App. Holding: A patient’s husband and daughter executed a dozen documents to have her admitted ...

Tagged with: burden of proof

In re Appeal of IBM Credit Corp. Even if we were to remand this case (for a third time), the Property Tax Commission would be well within its authority to find, yet again, that the taxpayer’s evidence is not “reliable” or “credible.” Even if the Commission rejects the taxpayer’s evidence, the taxpayer still wins because the county did not meet its burden of proof.

Tagged with: burden of proof Personal Property Taxation Valuation

State v. Foster When a defendant seeks post-conviction DNA testing, the burden is on the defendant to make the materiality showing required by G.S. § 15A-269(a)(1). Here, defendant’s motion stated only, “The ability to conduct the required DNA testing is material to the Defendant’s defense.” Where defendant has provided no other explanation of why DNA testing would be material to his defense, he has failed to establish a condition precedent to the trial court’s granting of his motion.

Tagged with: burden of proof Criminal Practice insufficient showing

Moss v. Moss Where an assistant clerk of court – rather than a judicial official – entered the show cause order, plaintiff should have borne the burden of proving that defendant was in contempt. However, since defendant failed to object and acquiesced when the trial court asked her to show why she should not be held in contempt, defendant waived the right to complain about this procedural defect.

Tagged with: burden of proof Civil Practice Contempt Domestic Relations equitable distribution waiver

Harrell v. Edgecombe County Public Schools Plaintiff showed that, after her injury, she did not earn the same wages she had earned before her injury. Such proof only showed partial disability, and plaintiff received the 300 weeks of temporary partial disability benefits to which she was entitled, plus permanent partial disability benefits.

Tagged with: burden of proof disability Workers Compensation