Please ensure Javascript is enabled for purposes of website accessibility

Tag Archives: Execution

Once commonplace, executions a rarity – for now

Executions for capital crimes, once a common occurrence in North Carolina, have seen a dramatic slowdown in recent years. But the death penalty remains a hot-button topic, albeit one with an uncertain future. “The death penalty has been a part of North Carolina law since the state was a British colony,” says Jeffrey Welty, University of North Carolina professor of public law and government. “The first known execution by colonial authorities was the hanging of a Native American man in 1726.”

Read More »

Civil Practice – Jurisdiction — Appeals – Lower Court Orders – Execution

Federated Financial Corp. of America v. Jenkins Plaintiff obtained a money judgment against defendant, and defendant appealed. Where defendant did not execute a written undertaken as contemplated by G.S. § 1-289(a), his appeal did not stay the judgment, execution, supplemental proceedings, or a hearing conducted incident thereto. Therefore, the trial court did not err in conducting a hearing in this matter while defendant’s first appeal was pending in this court.

Read More »

Civil Practice – Subject Matter Jurisdiction – First Impression — Judgments – Execution – Supplemental Proceedings – Corporate – Piercing the Veil

Travelers Indemnity Co. of Connecticut v. Triple S Marketing Group North Carolina’s supplemental proceedings statutes do not afford a trial court jurisdiction over a motion to pierce the corporate veil of a judgment debtor. We reverse the trial court’s order allowing plaintiff to execute its judgment against individuals who were not party to the underlying lawsuit.

Read More »

Civil Practice – Judgment – Execution – Exemptions – IRA – Early Withdrawals – Future Withdrawals

Kinlaw v. Harris. Although IRAs are normally exempt from judgment execution, this is to protect a judgment debtor in retirement. A trial court may determine, on a withdrawal-by-withdrawal basis, whether early withdrawals from an IRA are exempt from execution. We affirm the Court of Appeals' holding that G.S. § 1C-1601(a)(9) exempts defendant's IRAs from plaintiff's judgment against defendant. However, we reverse the Court of Appeals' vacation of the trial court's order requiring defendant to place in escrow any funds he may withdraw from his IRAs.

Read More »