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Apr 6, 2023

Arizona Supreme Court rejects bid to reschedule execution

PHOENIX (AP) — The Arizona Supreme Court declined Wednesday to reschedule an execution initially set for this week that looked unlikely to be carried out after Gov. Katie Hobbs’ office said the state wasn’t prepared to enforce the death penalty. In an order, the court rejected setting a May 1 execution date for prisoner Aaron […]

Jun 12, 2018

Contract – Jury’s mistaken execution finding upheld

The district court’s full jury instructions on mutual assent were a correct statement of Virginia law and not in error. Background Appellants Knox Energy LLC and Consol Energy Inc. filed this action seeking declaratory judgment that a drilling contract with Gasco Drilling Inc. was unenforceable. Consol contended that there was no meeting of the minds […]

Jul 24, 2015

Activists argue for more transparency in NC death penalty

RALEIGH, N.C. (AP) — Opponents of the death penalty and the sponsor of a bill changing North Carolina’s execution laws on Thursday debated how much transparency the public needs into the process. The state Senate could vote as soon as next week on legislation clarifying executions are exempt from state requirements for the public rule-making process. That […]

May 30, 2014

Texas’ top prosecutor: Drug source can be secret

DALLAS (AP) — Texas can keep secret the name of its supplier for its execution drugs, the state attorney general determined after law enforcement argued that suppliers face serious danger. In the decision, Attorney General Greg Abbott’s Office cited a “threat assessment” signed by Texas Department of Public Safety director Steven McCraw that says pharmacies […]

May 23, 2014

Tennessee brings back the electric chair

NASHVILLE, Tenn. (AP) — As the rest of the nation debates the feasibility and humanity of lethal injections against a backdrop of scarce drugs and botched executions, Tennessee has come up with an alternative: the electric chair. Republican Gov. Bill Haslam signed a bill into law Thursday allowing the state to electrocute death row inmates […]

May 2, 2014

Drugs in botched Oklahoma execution leaked from IV

OKLAHOMA CITY (AP) — Some of the three drugs used in a botched Oklahoma execution this week didn’t enter the inmate’s system because the vein they were injected into collapsed, and that failure wasn’t noticed for 21 minutes, the state’s prison chief said, urging changes to the state’s execution procedure. Medical officials tried for nearly […]

Jun 14, 2013

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. �[...]

Jan 24, 2012

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 hea[...]

Jul 29, 2011

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.

Nov 8, 2010

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 defen[...]

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