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Gov appoints 2 new judges
Gov. Roy Cooper has appointed a criminal defense lawyer and a district court judge to fill two seats on the Superior Court bench. David Phillips will join the District 27A bench in Gaston County, where he’s had an eponymous criminal defense practice for more than 20 years. He will fill a vacant seat on the […]
Assistant DA in North Carolina facing drug charges
GASTONIA (AP) Authorities say an assistant North Carolina district attorney has been arrested on several drug charges. News outlets report police in Waxhaw said officers stopped Gaston County Assistant District Attorney James Brandon Graham on April 22. The Union County Sheriff’s Office said Graham was stopped for speeding, having an expired tag and an inspection […]
Fire truck in Gaston County hits, kills pedestrian
The North Carolina Highway Patrol says a man has been struck and killed by a fire truck as he stepped into the middle of the road in Gaston County.
Gaston County may have new ‘deputy’
Gaston County authorities say someone stole a sheriff's deputy's uniform, gun, bullet-proof vest, Taser, badges and other equipment in a car break-in.
Appeal based on judge’s Facebook page backfires
Disgruntled spouses commonly use social media sites to dig up dirt that can be used against their significant others in court. But a Hindu man recently took the tactic to the next level when he used Facebook to go after a District Court judge.
Environmentalists sue over Gaston County toll road
Conservation groups have sued in federal court to stop approval of a proposed toll road in North Carolina's Piedmont, saying environmental reviews were flawed and hid the project's shortcomings.
Criminal Practice – DWI – Second-Degree Murder – Expert Evidence – BAC – Retrograde Extrapolation – Odor of Alcohol – New Trial – Prior Convictions
State v. Davis. (Lawyers Weekly No, 10-07-1097, 34 pp.) (Linda M. McGee, J.) Appealed from Gaston County Superior Court. (Richard D. Boner, J.) N.C. App. Click here for the full text of the opinions. Holding: Where the state’s expert based his estimate of defendant’s blood alcohol content at the time of the accident solely on […]
Tort/Negligence – Personal Injury – Negligence Per Se – Regulatory Violations – Proximate Cause – Public Utilities – Utility Pole – Near Highway
Mosteller v. Duke Energy Corp. Plaintiff was a passenger in a vehicle that ran off the road and struck a utility pole inside the highway right-of-way, leaving plaintiff a quadriplegic. The defendant-power company allegedly violated N.C. Department of Transportation regulations by failing to apply for a permit for its placement of the pole; however, plaintiff's complaint fails because she [...]
Criminal Practice – Sentencing – Death by Vehicle – Second-Degree Murder – Single Sentence – First Impression
State v. Davis. When a defendant's convictions for felony death by vehicle and second-degree murder arise out of the same conduct, he may be punished only for second-degree murder and not for felony death by vehicle. Also, when a defendant's convictions for felony serious injury by vehicle and assault with a deadly weapon inflicting serious injury (ADWISI) arise out of the same conduct, h[...]
Criminal Practice – Second-Degree Murder – Malice – High-Speed Chase – Recklessness
State v. Mack. (Lawyers Weekly No. 10-07-0809, 14 pp.) (Martha A. Geer, J.) Appealed from Gaston County Superior Court. (Nathaniel J. Poovey, J.) N.C. App. Holding: Defendant, whose license was revoked, drove extremely dangerously in order to evade arrest for breaking and entering and larceny. The state presented evidence that when an officer attempted to […]
Civil Practice – Motion for Continuance – Caveat Proceeding – Good Cause
In re Purported Will of Jones. (Lawyers Weekly No. 10-16-0711, 12 pp.) (Linda Stephens, J.) Appealed from Gaston County Superior Court (Beverly Beal, J.). N.C. App. Unpub. Holding: Even though the plaintiff had been hospitalized, the trial court did not abuse its discretion when it denied the plaintiff’s motion for a continuance. Facts The plaintiff […]
Top Legal News
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- Court orders part of abortion referendum rewritten
- VIDEO: Counsel’s focus firmly set on reproductive rights
- Lawsuit faults Google Maps in deadly crash
Commentary
- Amotion sees resurgence after almost a decade
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Court’s term was rough on big business
- Ex-president, bar association have made their choice
- Ruling sharpens boundaries in attorney-client privilege
- Lawyers Weekly debuts new and improved web experience
- US Supreme Court bites back at parody’s use of the First Amendment
- Supreme Court leaves key internet protection untouched
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
- A roadmap to attracting, developing, retaining great associates
