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Tag Archives: Forsyth County

Criminal Practice – Jury Instructions – Speeding to Elude Arrest – Aggravating Factors – Lesser Included Offense – First Impression (access required)

State v. Dewalt. In an issue of first impression involving the offense of felony speeding to elude arrest, a jury can be instructed on driving while license revoked as an aggravating factor even if the offense took place in a public vehicular area, rather than a street or roadway ...

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Criminal Practice – Search & Seizure – Defendant’s Vehicle – Search Incident to Arrest – Concealed Weapon – MAR (access required)

State v. Mbacke. Where defendant had been arrested for carrying a concealed weapon and placed in a patrol car when police searched his vehicle, the search violated defendant's Fourth Amendment rights under Arizona v. Gant, 173 . . .

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Jury discounts contrib defense in trucker’s P.I. case (access required)

It was a cold day in December 2008 when Mike Sprinkle backed his tanker truck up to the loading dock at an asphalt plant in Greensboro and, like he had done many times before, climbed a ladder to the top of the truck and guided a pipe into an opening for a refill. An employee of the plant, Hammaker East, told Sprinkle that the pipes were clogged and it would be a short while before the asphalt started flowing. But when the clog was dislodged, the burst of asphalt was so strong it caused the pipe to fly out of the truck, spraying asphalt all over Sprinkle and knocking him to the ground, shattering his knee in the process.

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Schools & School Boards – Constitutional – Due Process – Alternative Learning Center Assignment – Long-Term Suspension – Evidentiary Hearing (access required)

Rone v. Winston-Salem/Forsyth County Board of Education. (Lawyers Weekly No. 10-07-1051, 22 pp.) (Ann Marie Calabria, J.) Appealed from Forsyth County Superior Court. (Ronald E. Spivey, J.) N.C. App. Click here to read the full text of the opinion. Holding: ...

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