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Tag Archives: first impression

Criminal Practice – Probation Violations – Transcript of Plea – Rejection – Motion to Continue – G.S. § 15A-1023(b) – First Impression (access required)

State v. Cleary Even though G.S. § 15A-1023(b) requires that a trial court grant a defendant a continuance if the court rejects a guilty or no contest plea agreement, at a probation revocation hearing, a probationer does not plead guilty or no contest; instead, he “admits” or “denies” the allegations of a probation violation report. Probation revocation proceedings are inherently different from criminal proceedings; we hold that G.S. § 15A-1023(b) does not apply to probation revocation proceedings.

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Criminal Practice – Warrant – Dangerous Dog – Medical Expense Amount – First Impression (access required)

State v. Burge The arrest warrant alleged each element of G.S. § 67-4.3 - attack by a dangerous dog - except for the element that the injuries required medical treatment costing more than $100. Because the warrant does not allege each of the elements of § 67-4.3, defendant could not be convicted of violating that statute.

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Constitutional – Due Process – First Impression – Civil Commitment – Sexually Dangerous Individuals – Brady (access required)

U.S. v. Edwards. (Lawyers Weekly No. 11-02-0391, 22 pp.) (Terrence W. Boyle, J.) E.D.N.C. Holding: Even though the government has a strong interest in protecting its citizens from sexually dangerous individuals, if they are to be civilly committed, those individuals ...

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Tort/Negligence – Malicious Prosecution – First Impression – Attorneys – Abuse of Process – Intentional Infliction of Emotional Distress – Interlocutory Appeal (access required)

Chidnese v. Chidnese. In a matter of first impression, we hold that an attorney may be held liable for a malicious criminal prosecution initiated by a client under certain circumstances, assuming all . . .

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Constitutional-First Impression – Ballot Access – Fundamental Rights – No Severe Burden – Lower Scrutiny (access required)

Libertarian Party of North Carolina v. State. In order for a small political party to gain access to statewide ballots, G.S. § 163-96(a)(2) requires such parties to obtain the signatures equal to two percent of the number of voters in the preceding gubernatorial election. This requirement does not violate our state constitution's ...

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Domestic Relations – Alimony – First Impression – Prior Statutes – Term Award – No Modification – Military Pension (access required)

Cathey v. Cathey. (Lawyers Weekly No. 11-07-0205, 9 pp.) (Ann Marie Calabria, J.) Appealed from Cumberland County District Court. (Laura A. Devan, J.) N.C. App. Click here for the full text of the opinion. Holding: The Veterans’ Administration has increased ...

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