North Carolina Lawyers Weekly
Authorities think a Shelby man was hallucinating on heavy methamphetamine use when he called sheriff's deputies to say he was being attacked by snakes.
Tagged with: Cleveland County
Read More »Criminal Practice – Indecent Liberties & Sex Offense – Evidence – Prior Offense – Remoteness in Time 
State v. Gray. (Lawyers Weekly No. 11-07-0344, 48 pp.) (Linda M. McGee, J.) Appealed from Cleveland County Superior Court. (John G. Caudill, J.) N.C. App. Click here for the full text of the opinion. Holding: Even though our Supreme Court ...
Tagged with: Cleveland County Criminal Practice evidence Indecent Liberties Sex Offense
Read More »Criminal Practice – Indecent Liberties & Sexual Offense – Evidence – Prior Bad Acts – Sufficiently Similar – Satellite-Based Monitoring – Vacated
State v. Oliver. (Lawyers Weekly No. 11-07-0346, 21 pp.) (Wanda G. Bryant, J.) Appealed from Cleveland County Superior Court. (James W. Morgan, J.) N.C. App. Click here for the full text of the opinion. Holding: The testimony of the victim ...
Tagged with: Cleveland County Criminal Practice evidence Indecent Liberties Prior Bad Acts Satellite-Based Monitoring Sexual Offense Vacated
Read More »Criminal Practice – Evidence – Shackles During Transfer – First Impression – Flight – Hearsay – Present Sense Impression – Shooting Victim
State v. Capers. (Lawyers Weekly No. 10-07-1228, 21 pp.) (Martha A. Geer, J.) Appealed from Cleveland County Superior Court. (J. Gentry Caudill, J.) N.C. App. Click here for the full text of the opinion. Holding: Even though a defendant in ...
Tagged with: Cleveland County Criminal Practice evidence first impression Flight Hearsay
Read More »Real Property – Easement – Trespass – Latent Ambiguity – Parol Evidence
Edwards v. Hill. (Lawyers Weekly No. 10-07-1153, 27 pp.) (Cheri Beasley, J.) Appealed from Cleveland County District Court (Ali P. Paksoy, J.) N.C. App. Click here for the full text of the opinion. Holding: The trial court endeavored to give ...
Tagged with: Cleveland County easement Real Property trespass
Read More »Criminal Practice – Meth Manufacturing – Indictment – Jury Instructions
State v. Hinson. (Lawyers Weekly No. 10-06-0990, 1 p.) (Per Curiam) Appealed from Cleveland County Superior Court. (James W. Morgan, J.) On appeal from the N.C. Court of Appeals. N.C. S. Ct. Click here for the full text of the ...
Tagged with: Cleveland County Criminal Practice Indictment Jury Instructions
Read More »Criminal Practice – Forfeiture of Counsel – Competence – Mental Capacity
State v. Wray. (Lawyers Weekly No. 10-07-0814, 30 pp.) (Cheri Beasley, J.) (Linda Stephens, J., concurring) Appealed from Cleveland County Superior Court (Forrest D. Bridges, J.) N.C. App. Holding: A criminal defendant who does not engage in serious misbehavior and ...
Tagged with: Cleveland County Criminal Practice Forfeiture of Counsel
Read More »Tort/Negligence – Public-Duty Doctrine – Negligence – Ride to Motel – Intoxication
Estate of Burgess v. Hamrick. A woman whose intoxicated husband was killed while he attempted to cross a highway after a sheriff's deputy let him off at a motel is barred from claims by the public-duty doctrine and has no valid claim against the deputy in his individual capacity because his actions were not corrupt or malicious.
Tagged with: Cleveland County intoxication Negligence public-duty doctrine Tort-Negligence
Read More »Elderly parents reach settlement over 38-year-old daughter’s death
The estate’s beneficiaries were the parents of a 38-year-old daughter who was a successful nurse. She was unmarried and had no children and lived near her parents, who are in their 70s. She helped to care for them. The at-fault ...
Tagged with: auto accident Cleveland County medical expenses settlement wreck Wrongful Death
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