Please ensure Javascript is enabled for purposes of website accessibility
Home (page 3)

Tag Archives: Forsyth County

Criminal Practice – Jury & Jurors – Judge’s Comments – Plain Error – Inapplicable (access required)

State v. Ross. Defendant asks this court to review for plain error remarks the trial judge made to the jury upon the judge's receipt of notes indicating the jury was deadlocked. Aside from an Allen instruction - which defendant does not challenge - the judge's remarks were not "jury instructions" subject to plain-error review. We find no prejudicial error in defendant's convictions of delivery of a counterfeit controlled substance and having attained the status of habitual felon.

Read More »

Criminal Practice – Armed Robbery – MAR – Newly Discovered Evidence – Gun’s Inoperability – Credibility – Due Diligence – Oral Order (access required)

  State v. Williamson. (Lawyers Weekly No. 10-07-0879, 43 pp.) (Ann Marie Calabria, J.) (James A. Wynn Jr., J., dissenting) Appealed from Forsyth County Superior Court. (William Z. Wood Jr., J.) N.C. App. Holding: On the eve of defendant’s armed-robbery ...

Read More »

Torts/Negligence – Civil Practice – Notice Pleading – Negligent Entrustment – Interlocutory Appeal (access required)

Haynie v. Cobb. (Lawyers Weekly No. 10-07-0862, 9 pp.) (Donna S. Stroud, J.) Appealed from Forsyth County Superior Court (Ronald Spivey, J.) N.C. App. Holding: When a plaintiff alleges the elements of a claim in a complaint that is later ...

Read More »

Real Property – Foreclosure – Substitute Trustee – Notice – Subprime Loans (access required)

In re Foreclosure of Gilmore. The trial court erred when it allowed the substitute trustee to proceed with foreclosure where a person signed a notice in her individual capacity and not on behalf of the substitute trustee, and therefore was not authorized to give notice to the borrowers, and where the trial court failed to make a required finding of whether the underlying loan was a subprime loan as defined in the applicable statute.

Read More »

Unauthorized trustee gives homeowners temporary reprieve (access required)

A Winston-Salem property owner will avoid foreclosure for the time being because a Forsyth County trial court failed to make a required finding in the owner's appeal of a clerk's decision to allow the foreclosure to proceed, according to an unpublished Court of Appeals ruling. The trial court should have determined whether the property owner's loan was a subprime loan as defined under G.S. § 45-101(4), and if it was, it should have determined whether a pre-foreclosure notice described in G.S. § 45-102 was provided and whether the periods of time established by law had elapsed, the panel said. Because it did not, the Court of Appeals reversed the trial court's order.

Read More »