The plaintiff-students have stated claims for breach of contract, based on the defendant-university system’s transition to online-only learning during the spring semester of 2020 in response to the COVID-19 pandemic. However, defendant is entitled to immunity under G.S. § 116-311, ...

Tagged with: Constitutional

This year’s judicial elections have reminded me of a story that former Wake County District Court Judge James Fullwood likes to tell about his re-election campaign in 1994, a year where Republicans won basically everything there was to win. Judicial ...

Tagged with: Constitutional

The General Assembly has exempted workers’ compensation claimants’ medical records from disclosure under the Public Records Act. Plaintiff has not identified any statutory or constitutional right to the privacy of any award that the Industrial Commission might make in this ...

Tagged with: Constitutional

The trial court should not have allowed a law enforcement officer to testify that an unavailable witness had said defendant was the driver of the car that caused a fatal traffic accident; nevertheless, since there was other, overwhelming evidence that ...

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Even though the state presented (1) testimony from (a) the prosecutor in defendant’s felony indecent exposure case, (b) defendant’s post-release supervision officer, and (c) a police officer; (2) evidence that defendant posed a “well above average risk” of recidivism; and ...

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The trial court ruled that, at the end of his prison sentence, defendant would be subjected to satellite-based monitoring (SBM) for the rest of his life. However, the state has not established the circumstances necessary for the court to determine ...

Tagged with: Constitutional

By EMERY P. DALESIO and GARY D. ROBERTSON, Associated Press RALEIGH, N.C. (AP) — Referendums on two proposed North Carolina constitutional amendments that would diminish the powers of the state’s governor if approved are misleading and shouldn’t appear on ballots in ...

Tagged with: Constitutional

Where (1) Lakenda Malachi was the state’s principal eyewitness and the only eyewitness to the shooting of the victim, (2) the only other evidence presented by the state was tenuous, and (3) the trial court restricted defendant’s cross-examination of Malachi ...

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When defendant and his counsel stipulated that a seized substance was cocaine, defendant gave up his right to cross-examine the scientist who tested the substance. Nevertheless, it was the duty of defense counsel – not the trial court – to ...

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Defendant’s trial counsel did not give pre-trial notice of his intention to present a defense of self-defense; nevertheless, evidence of self-defense was admitted, and defendant does not argue that there is additional evidence of self-defense that he would have presented. ...

Tagged with: Constitutional