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Tag Archives: conflict of interest

Criminal Practice — Mistrial Motion – Attorneys – Potential Conflict of Interest – Constitutional – Double Jeopardy – Evidence – Opening the Door (access required)

 State v. Hunt (Lawyers Weekly No. 14-06-1203, 2 pp.) (Per Curiam) Appealed from Randolph County Superior Court. (Edwin G. Wilson Jr., J.) On appeal and discretionary review from the Court of Appeals.  N.C. S. Ct. Holding: On defendant’s appeal arising ...

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Criminal Practice – Attorneys – Constitutional – Ineffective Assistance Claim – No Conflict of Interest – Contempt Hearing – Recess Request (access required)

State v. King (Lawyers Weekly No. 14-07-0668, 16 pp.) (Wanda Bryant, J.) Appealed from Buncombe County Superior Court (Alan Thornburg, J.) N.C. App. Holding: After (1) the state accused defense counsel of contempt, (2) the trial court rejected the accusation, ...

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Attorneys – Fees – Contract – Conflict of Interest – Incompetent – Civil Practice – Collateral Estoppel (access required)

Keyes v. Johnson In a guardianship proceeding, the clerk of court found a conflict of interest and removed the plaintiff-attorney as counsel for defendant’s ward and the ward’s wife. Since the attorney did not appeal that order, she was collaterally estopped from seeking fees pursuant to her contract with the ward and his wife.

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Labor & Employment – Severance Agreement – Breach of Contract – Conflict of Interest (access required)

McKinnon v. CV Industries An employer who failed to pay severance benefits did not breach its contract with the plaintiff since the plaintiff was not entitled to Plan A benefits when he ceased continuous competition with his employer in 2001. The trial court’s grant of the defendant’s motion for summary judgment is affirmed.

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