The district court considering revocation of supervised release correctly determined that it lacked jurisdiction to consider the defendant’s challenge to the constitutionality of his underlying sentence. And based on the nature of the defendant’s threats to his family members and ...

Tagged with: Hearing

Meza v. BCR Janitorial Services, Inc. (Lawyers Weekly No. 012-132-17, 13 pp.) (Wanda Bryant, J.) Appealed from the Industrial Commission. N.C. App. Unpub. Holding: After plaintiff’s workers’ compensation claim was taken off the Industrial Commission’s calendar to allow for mediation ...

Tagged with: Hearing

Prosecutors and criminal defense attorneys now have a larger, simpler window in which to file a notice of appeal after the North Carolina Supreme Court clarified what happens when a judge signs a written order weeks or even months after announcing a decision in the courtroom.

Tagged with: Hearing notice

Pait v. Southeastern General Hospital Once plaintiff reached maximum medical improvement, either party could seek a determination of permanent loss of wage-earning capacity; therefore, it was irrelevant that defendants’ motive in seeking a hearing was to start the running of the statute of limitations on a possible future death benefits claim.

Tagged with: death benefits Hearing standing Statute of Limitations Workers’ Compensation

Goodwin v. Century Care of Cherryville, Inc. There were several ways for defense counsel to present the purported arbitration agreement to the trial judge at the hearing on defendant’s motion to compel arbitration. Although defense counsel merely handed an unauthenticated copy of the agreement to the judge during the hearing, the agreement had been provided to plaintiff in a verified discovery response, and the judge and both counsel discussed the details of the agreement.

Tagged with: Arbitration Contract Hearing motion to compel

Bohannan v. McManaway. Where the March 15, 2007, custody order includes the patent falsehood that defendant had failed to file an answer, and where the trial court entered the permanent custody order without hearing testimony, the trial court . . .

Tagged with: custody Domestic Relations Hearing jurisdiction Orange County parent & child

Harbor Baptist Church v. City of Charlotte. (Lawyers Weekly No. 10-16-0778, 11 pp.) (Rick Elmore, J.) Appealed from Mecklenburg County Superior Court. (Robert C. Ervin, J.) N.C. App. Unpub. Holding: The defendant-city’s zoning board of adjustment (ZBA) discussed both ZBA ...

Tagged with: conflict of interest Hearing Mecklenburg County Municipal nonconforming use Variance Zoning