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Tag Archives: first impression

Real Property – Statute of Frauds – Judicial Estoppel – Settlement Agreement – First Impression (access required)

Powell v. City of Newton. Even though there is no writing signed by plaintiff that would satisfy the statute of frauds, since plaintiff agreed in open court to settle his lawsuit against the defendant-city by quitclaiming a portion of his property . . .

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Criminal Practice – Search & Seizure – Stop of Pedestrian – Freedom to Leave – Evidence – Material Conflict – Standard of Review – First Impression – Findings & Conclusions (access required)

State v. Baker. (Lawyers Weekly No. 10-07-1166, 18 pp.) (Barbara Jackson, J.) Appealed from Halifax County Superior Court. (Alma L. Hinton, J.) N.C. App. Click here for the full text of the opinion. Holding: The arresting officer testified that defendant ...

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Criminal Practice – Breaking or Entering – Motor Vehicle – Intent to Commit Felony – Theft of Vehicle – First Impression (access required)

State v. Clark. (Lawyers Weekly No. 10-07-1169, 14 pp.) (Ann Marie Calabria, J.) Appealed from Rockingham County Superior Court. (Edwin G. Wilson Jr., J.) N.C. App. Click here for the full text of the opinion. Holding: When a defendant is ...

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Insurance – Builder’s Risk – Reporting Requirement – Payment Acceptance – No Waiver – Coverage Question – First Impression (access required)

Gore v. Assurance Co. of America. A builder's risk policy required that, every month, the plaintiff-developer report its inventory of new and existing construction. The developer's failure to make such a report for several months meant there was no coverage for . . .

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Criminal Practice – Sentencing – Aggravating Factors – Expert Testimony – Non-Testifying Experts’ Test Results – Constitutional – Confrontation Right – First Impression (access required)

State v. Hurt. (Lawyers Weekly No. 10-07-1098, 41 pp.) (Cheri Beasley, J.) Appealed from Caldwell County Superior Court. (Thomas D. Haigwood, J.) N.C. App. Click here for the full text of the opinion. Holding: Where, during a sentencing hearing held ...

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Constitutional – Ex Post Facto Challenge – Criminal Practice – Sex Offenders – Satellite-Based Monitoring – Civil Regulatory Program – First Impression (access required)

State v. Bowditch. Even though the satellite-based monitoring program has some of the characteristics of punishment, it is not as punitive as other programs found to be non-punitive by the U.S. Supreme Court, and it is rationally related to the state's desire to protect the public. We reverse the trial court's declaration that the satellite-based monitoring (SBM) program violates the ex post facto clause.

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