Quantcast
Home (page 10)

Tag Archives: first impression

Criminal Practice – Evidence – Shackles During Transfer – First Impression – Flight – Hearsay – Present Sense Impression – Shooting Victim (access required)

State v. Capers. (Lawyers Weekly No. 10-07-1228, 21 pp.) (Martha A. Geer, J.) Appealed from Cleveland County Superior Court. (J. Gentry Caudill, J.) N.C. App. Click here for the full text of the opinion. Holding: Even though a defendant in ...

Read More »

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 . . .

Read More »

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 ...

Read More »

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 ...

Read More »

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 . . .

Read More »

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 ...

Read More »