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Tag Archives: Cleveland County

Criminal Practice – Indecent Liberties & Sexual Offense – Evidence – Prior Bad Acts – Sufficiently Similar – Satellite-Based Monitoring – Vacated (access required)

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 ...

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Criminal Practice – Evidence – Shackles During Transfer – First Impression – Flight – Hearsay – Present Sense Impression – Shooting Victim (access required)

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 ...

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Tort/Negligence – Public-Duty Doctrine – Negligence – Ride to Motel – Intoxication (access required)

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.

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