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Durham County judge reprimanded after courtroom fracas
A Durham County District Court judge has been publicly reprimanded by the North Carolina Supreme Court for repeatedly telling the litigants before him in a custody hearing that they were “acting like idiots” and for holding the mother in contempt without following the proper procedure. Judge James Hill’s soliloquy immediately preceded a courtroom melee that […]
Tort/Negligence – Statute of Limitations – Extension – Unfiled Order
Watson v. Price. (Lawyers Weekly No. 11-07-0423, 13 pp.) (Linda Stephens, J.) (Robert C. Hunter, J., concurring) Appealed from Durham County Superior Court. (Orlando F. Hudson, J.) N.C. App. Click here for the full text of the opinion. Holding: Where a judge allowed a motion to extend the statute of limitations, but where the order […]
Criminal Practice – Burglary – Acting in Concert – Completed Role – No Withdrawal – Jury Instructions – ‘Not Guilty’ Choice
State v. Wright. (Lawyers Weekly No. 11-07-0349, 16 pp.) (Sanford L. Steelman Jr., J.) Appealed from Durham County Superior Court. (Cressie Thigpen Jr., J.) N.C. App. Click here for the full text of the opinion. Holding: Even though defendant expressed reluctance to participate in the home invasion planned by his co-conspirators, since defendant’s role was […]
Labor & Employment – Public Employees – Retirement System – Accrued & Unpaid Leave – Settlement
McCaskill v. Department of State Treasurer. (Lawyers Weekly No. 11-06-0263, 2 pp.) (Per Curiam) (Barbara Jackson, J., not participating) Appealed from Durham County Superior Court. (Orlando F. Hudson Jr., J.) On appeal from the N.C. Court of Appeals. N.C. S. Ct. Click here for the full text of the opinion. Holding: Because the Secretary of […]
Criminal Practice – Voir Dire – Hearsay – Corroborating Statement – Plain Error
State v. Johnson. (Lawyers Weekly No. 11-07-0226, 20 pp.) (Donna S. Stroud, J.) Appealed from Durham County Superior Court. (J.B. Allen, J.) N.C. App. Click here for the full text of the opinion. Holding: The trial court did not err in the restrictions it placed upon the defendant’s voir dire or in the admission of […]
Municipal – Zoning – Successive Ordinances – Development Plans – Record on Appeal
CRLP Durham, LP v. Durham City/County Board of Adjustment. (Lawyers Weekly No. 11-07-0206, 15 pp.) (Donna S. Stroud, J.) Appealed from Durham County Superior Court. (Orlando F. Hudson, J.) N.C. App. Click here for the full text of the opinion. Holding: Our appellate courts will not take judicial notice of a municipal ordinance. Petitioner’s apartment […]
Constitutional – Right to Counsel – Waiver – Civil Commitment – First Impression
In re Watson. If the respondent in a civil commitment hearing wishes to represent himself, the trial court must conduct a thorough inquiry into the respondent's competency to represent himself...
Criminal Practice – Accessory After the Fact – Murder & Armed Robbery – Subject-Matter Jurisdiction – Indictment
State v. Cole. (Lawyers Weekly No. 11-07-0019, 16 pp.) (Rick Elmore, J.) Appealed from Durham County Superior Court. (J.B. Allen Jr., J.) N.C. App. Click here for the full text of the opinion. Holding: Even though the indictment charged defendant as an accessory after the fact to first-degree murder and he was convicted as an […]
Tort/Negligence – Improper Venue – Residence of Guardian Ad Litem – First Impression
Roberts ex rel. Perry v. Adventure Holdings LLC. In a case of first impression, we hold that the county of residence of a guardian ad litem, standing alone, is not sufficient to establish venue. Affirmed in part; remanded for transfer to Wake County. In June 2006 . . .
Tort/Negligence – Statute of Limitations – Service of Process – Alias & Pluries
Kimball v. Vernik. (Lawyers Weekly No. 10-07-1160, 6 pp.) (Linda Stephens, J.) Appealed from Durham County Superior Court (Shannon R. Joseph, J.) N.C. App. Click here for the full text of the opinion. Holding: Even if, as plaintiff alleges, defendant deliberately avoided service of process, it was not such avoidance that led to the dismissal […]
Labor & Employment – Union Member – Collective-Bargaining Agreement – Breach of Contract & Tortious Interference Claims – Preemption
Williams v. American Eagle Airlines, Inc. (Lawyers Weekly No. 10-07-1179, 14 pp.) (Barbara Jackson, J.) Appealed from Durham County Superior Court. (Allen Baddour, J.) N.C. App. Click here for the full text of the opinion. Holding: Where plaintiff belongs to a union and is subject to a collective-bargaining agreement, plaintiff’s state-law breach of (employment) contract […]
Constitutional – Taxation – Corporate Incentive – Public Purpose – Standing
Haugh v. County of Durham. (Lawyers Weekly No. 10-07-1157, 24 pp.) (Barbara Jackson, J.) Appealed from Durham County Superior Court. (Howard E. Manning Jr., J.) N.C. App. Click here for the full text of the opinion. Holding: Even though Nitronex Corp. accepted tax incentives from Durham County when it relocated there from Wake County, since […]
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Commentary
- Name game can end up being blame game
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- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Court’s term was rough on big business
- Ex-president, bar association have made their choice
- Ruling sharpens boundaries in attorney-client privilege
- Lawyers Weekly debuts new and improved web experience
- US Supreme Court bites back at parody’s use of the First Amendment
