Tag Archives: civil action

Criminal Practice – Satellite-Based Monitoring – Aggravated Offense – First-Degree Rape of a Child – Evidence – Inculpatory Statements – Not in Custody – Admissible – Constitutional – Ineffective Assistance – Civil Action (access required)

State v. Clark. Rape is a crime of violence. When it is committed against one who is incapable of consenting, it is an aggravated offense and supports an order of lifetime satellite-based . . .

Read More »

Tort/Negligence – Fifth Amendment – Civil Action – Discovery – Contributory Negligence (access required)

Lovendahl v. Wicker. A defendant in a civil case can assert his Fifth Amendment rights and refuse to answer questions in a deposition, but not without consequence to his civil case. Where defendant refused to answer questions at his deposition . . .

Read More »

Criminal Practice – Indecent Liberties – Satellite-Based Monitoring – Clerical Error – Oral Appeal Not Appropriate In Civil Action (access required)

State v. May. (Lawyers Weekly No. 10-07-0915, 6 pp.) (John C. Martin, J.) Appealed from Alamance County Superior Court (James E. Hardin Jr., J.) N.C. App. Holding: A court’s clerical error in ordering a satellite-based monitoring program in an indecent ...

Read More »

Tort/Negligence – Malicious Prosecution – Probable Cause – Civil Action – Real Property – Anticipatory Breach of Contract (access required)

Gupton v. Son-Lan Development Co. (Lawyers Weekly No. 10-07-0596, 17 pp.) (John C. Martin, Ch.J.) Appealed from Harnett County Superior Court. (Robert H. Hobgood, J.) N.C. App. Holding: Plaintiff had a contract to buy land from its owner and another ...

Read More »