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Tag Archives: discovery

Civil Practice – Discovery – Attorney-Client Privilege – Email Production – Outside Consultant (access required)

Blythe v. Bell In response to an order compelling discovery, defendants (1) hired an outside consultant, (2) instructed him to search company computers using search terms suggested by plaintiffs and to segregate files with the extension “hickorylaw.com,” (3) failed to review the documents produced by the consultant, and (4) produced to plaintiffs a hard drive with 3.5 million unsearchable emails and (unattached) attachments.

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Criminal Practice – Juvenile – Discovery – Witness List – Lack of Notice (access required)

In re A.M. The juvenile moved in limine for a list of the petitioner’s witnesses pursuant to G.S. § 7B-2300(b). Although the petitioner provided some witnesses’ names, it failed to provide the juvenile with the name of the only eyewitness. Despite the fact that the assistant district attorney appearing for the petitioner only learned of the eyewitness on the day of the hearing, the witness testified that she had been subpoenaed three months earlier.

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Criminal Practice – Discovery – Expert Testimony – Translation – Admissible – No Prejudice – Jury Instruction – Knowledge (access required)

State v. Aguilar-Ocampo During discovery, the state produced a transcript of an audio-video recording of the drug deal at issue; however, shortly before trial, the state realized that the translator was not certified by the Administrative Office of the Courts. The state had the recording translated by an AOC-certified translator and provided the new translation to defendant a few days before trial. Although the trial court erroneously failed to recognize that the translation consisted entirely of an expert’s opinion and that the state had therefore failed to comply with the discovery requirements of G.S. § 15A-903(a)(2), we nevertheless discern no abuse of discretion in the trial court’s failure to strike the transcript or the translator’s testimony.

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Civil Practice – Jurisdiction – Federal Remand — Res Judicata – Discovery – Attorney’s Fees & Costs – Real Property – Restrictive Covenants (access required)

Bald Head Association v. Curnin Even though defendant appealed the federal district court’s remand order, he did not seek a stay of the remand order until seven months after its entry and five months after the state-court order that gave rise to this appeal; moreover, the Fourth Circuit denied defendant’s motion for a stay. The superior court had jurisdiction to enter its orders dismissing defendant’s counterclaims and allowing plaintiff’s motion to compel discovery.

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Tort/Negligence – Defamation – Performer’s DVD – Edited Arrest Recording – Appropriation – Unfair Trade Practices – Civil Practice – Discovery – Admissions – Damages (access required)

Nguyen v. Taylor By failing to respond to plaintiffs’ request for admissions, defendant Taylor admitted (1) that he defamed plaintiffs by placing on a DVD a doctored recording that made it appear - falsely - that Taylor was wrongfully arrested and (2) he made more than $10 million from sales of the DVD.

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Civil Practice – Discovery – Medical Records – Tort/Negligence – Negligent Infliction of Emotional Distress – Tax Records – Wrongful Termination (access required)

Young v. Kimberly-Clark Corp. When plaintiff alleged negligent infliction of emotional distress, she put her medical condition at issue; therefore, she waived the statutory privileges accorded communications between a patient and her medical providers.

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Criminal Practice – Murder – Jury & Jurors – Impartiality — Batson Challenge – Discovery – Imperfect Self-Defense (access required)

State v. Pender Even though a juror admitted during voir dire that he had learned about this case by reading about it in the newspaper, during questioning by the court and defense counsel, the juror repeatedly asserted that he believed he could put aside what he had learned from the media. The trial court did not err in denying defendant’s challenge to the juror for cause. We find no error in defendant’s conviction of first-degree murder.

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Criminal Practice – Discovery – Late Submission – Felony Murder (access required)

State v. Kidwell Even though the state did not provide defendant with one investigator’s notes until five days before trial, and even though defendant contends the notes indicate that law enforcement failed to analyze all latent shoe prints and to test blood collected away from the main areas where the victim’s blood was found, defendant raises no more than the mere hope that something helpful to him might have turned up.

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