State v. Jones A school principal was not acting as an agent of the state when he tried to help an upset student identify the man who had broken into her house the previous day by showing her photos of registered sex offenders. We find no plain error in defendant’s convictions of misdemeanor breaking and entering, assault on a female, and assault on a child under the age of 12 years. Even though defendant failed to raise his due process argument at trial, since it involves the admission of evidence, we review for plain error.

Tagged with: Constitutional Criminal Practice Due Process evidence Identification

Lanier Construction Co. v. City of Clinton Since the defendant-city was entitled to exercise a great deal of discretion in awarding a construction contract to the lowest responsible bidder, a disappointed bidder - like plaintiff - has no protected property interest in the contract. Defendants’ motion to dismiss is granted as to plaintiff’s claims of due process violation, defamation, intentional interference with prospective contractual relations, and breach of contract.

Tagged with: Constitutional Contract Due Process Municipal Tort/Negligence

American Human Services Inc. v. North Carolina Department of Health & Human Services The respondent-agency cannot deny a Medicaid reimbursement claim as untimely when petitioner’s timely application was repeatedly sent back to it marked with the undefined phrase “unable to process.” Petitioner is entitled to Medicaid reimbursement of $22,337.22.

Tagged with: Administrative Constitutional Due Process Medicaid

U.S. v. Edwards. (Lawyers Weekly No. 11-02-0391, 22 pp.) (Terrence W. Boyle, J.) E.D.N.C. Holding: Even though the government has a strong interest in protecting its citizens from sexually dangerous individuals, if they are to be civilly committed, those individuals ...

Tagged with: Brady Civil Commitment Constitutional Due Process first impression

Otto v. Certo. (Lawyers Weekly No. 11-07-0274, 8 pp.) (Donna Stroud, J) Appealed from Madison County District Court. (Jack E. Klass, J.) N.C. App. Click here for the full text of the opinion. Holding: Where defendants did not receive notice ...

Tagged with: Civil Practice Constitutional Due Process Real Property

Beatty v. Jones. Even though respondent used unapproved and harsh discipline with his police dog, these methods were no more harsh than the methods approved by the Highway Patrol, the dog was disciplined only until he obeyed respondent's command, and respondent and . . .

Tagged with: Constitutional Due Process Labor & Employment Public Employees Wake County

Rone v. Winston-Salem/Forsyth County Board of Education. (Lawyers Weekly No. 10-07-1051, 22 pp.) (Ann Marie Calabria, J.) Appealed from Forsyth County Superior Court. (Ronald E. Spivey, J.) N.C. App. Click here to read the full text of the opinion. Holding: ...

Tagged with: Constitutional Due Process Forsyth County Long-Term Suspension Schools & School Boards

Watson-Green v. Wake County Board of Education. A fight between petitioner "Ryan" and fellow student "Bill" had been broken up by school personnel, and Bill was being held by teacher Steven Klein when Ryan swung a fist at Bill's face and accidentally hit Mr. Klein. Ryan was not entitled to a defense based on the respondent-school board's policy that "a student who is attacked may use reasonable force in self-defense, but only to the extent necessary to get free from the attack and notify proper school authorities." We affirm the trial court's decision to uphold Ryan's long-term suspension.

Tagged with: Constitutional Due Process Long-Term Suspension Schools & School Boards Wake County

State v. Rawls. When a break-in victim was taken to a nearby apartment complex moments after the break-in so she could identify suspects the police had detained, this show-up procedure was not regulated by the Eyewitness Identification Reform Act. Even though the show-up procedure was impermissibly suggestive, the circumstances of this case - including the victim's opportunity to see the perpetrators and the certainty of her identification - lead us to the conclusion that there was not a substantial likelihood of irreparable misidentification. No error in defendant's conviction of felony breaking and entering.

Tagged with: Constitutional Criminal Practice Due Process Guilford County

Hardy v. Beaufort County Board of Education. (Lawyers Weekly No. 10-06-0977, 2 pp.) (Per Curiam) (Patricia Timmons-Goodson, Robin E. Hudson & Paul M. Newby, JJ., dissenting) Appealed from Beaufort County Superior Court. (William C. Griffin Jr., J.) On appeal from ...

Tagged with: Constitutional Due Process Long-Term Suspension Schools & School Boards