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Criminal Law – Improper Hearsay Evidence – Doswell Balancing Test
The district court abused its discretion when it admitted hearsay evidence during Appellant’s revocation hearing, and that the improper hearsay evidence was essential to the district court’s finding that he […]
4th Circuit: Hearsay evidence wrongly admitted
Where the district court admitted hearsay evidence during the releasee’s revocation hearing without first balancing his interest in confronting an adverse witness against any proffered good cause for denying such […]
4th Circuit: Court affirms drug conspiracy convictions
Where a man convicted of conspiracy to possess a controlled substance with intent to distribute challenged the sufficiency of the evidence, admissibility of evidence, jury instructions and sentencing decisions, but […]
Mom’s statements to son’s doctors fit hearsay exception
Where a two-month-old boy who had allegedly been physically mistreated by his father could not speak for himself, a child welfare court properly considered a nurse practitioner’s testimony about what […]
Workers’ Compensation – Job Search – Hearsay – Other Evidence – LPN – Back Injury
Dutch v. Laurel Health Care Holdings, Inc. (Lawyers Weekly No. 012-165-16, 13 pp.) (Lucy Inman, J.) Appealed from the Industrial Commission. N.C. App. Unpub. Holding: Even though plaintiff testified that […]
Criminal Practice – Constitutional – Ineffective Assistance Claim – Harbison Inquiry – Admission of Guilt – Evidence – Counsel’s Description – Hearsay
State v. Cook (Lawyers Weekly No. 011-094-16, 22 pp.) (Donna Stroud, J.) Appealed from Guilford County Superior Court (A. Moses Massey, J.) N.C. App. Holding: During an inquiry pursuant to […]
Criminal Practice – Evidence – Hearsay – Business Records Exception – Foundation – NPLEx – Plea Rejection – Continuance Right – Waiver – Destruction of Evidence
State v. Hicks (Lawyers Weekly No. 15-07-0978, 24 pp.) (John Tyson, J.) Appealed from Avery County Superior Court (Gary Gavenus, J.) N.C. App. Holding: Where a police officer thoroughly demonstrated […]
Labor & Employment — Unemployment Benefits – Evidence – Hearsay Statement – Misconduct
Jackson v. North Carolina Department of Commerce (Lawyers Weekly No. 15-16-0744, 11 pp.) (Chris Dillon, J.) Appealed from Davidson County Superior Court (Beecher Gray, J.) N.C. App. Unpub. Holding: At […]
Criminal Practice — Armed Robbery – Evidence – Detective’s Statement – Sentencing – Aggravating Factor – Blakeley Act
State v. Edmonds (Lawyers Weekly No. 14-07-0941, 24 pp.) (Rick Elmore, J.) Appealed from Buncombe County Superior Court (James Downs, J.) N.C. App. Holding: After a father-and-son team robbed a […]
Civil Practice – Evidence – Software Results – Not Hearsay – Expert vs. Fact Witnesses – Tracing Emails – Tort/Negligence – Malicious Prosecution Claim
Kirkman v. Tison A witness can testify about results reported to her by “DidTheyReadIt.com” because nothing “said” by a machine is hearsay.
Criminal Practice – Home Invasion – Evidence – Hearsay – Anonymous 911 Call – Defendant’s Involvement
State v. Sharpless Defendant had a crime scene technician testify that he collected clothing from where defendant was located, consisting of a black shirt and black hoodie, while the police’s “be on the lookout” description was for a red hoodie or sweater. The state contends that, by creating the impression that the police had not developed or received any information leading them t[...]
Criminal – Supervised Release Hearing — Evidence – Hearsay – Crime Lab Report – Chemist’s Failure to Appear
U.S. v. Doswell A district court that admitted and relied on hearsay evidence of defendant’s state-court heroin charge, nolle prossed after the chemist who authored the crime lab report failed to appear in state court, violated Rule 32.1, and the 4th Circuit vacates the district court order revoking defendant’s supervised release for an earlier robbery conviction.
Top Legal News
- File-sharing conviction qualifies as crime of child abuse under immigration law
- World court judges sue Trump administration over sanctions
- SCOTUS News: Justices shut down Roundup failure-to-warn claims
- Conservative court candidate’s ties to convicted sex offender draw scrutiny
- Sentencing enhancement vacated for lack of predicate felony findings
- Trump’s power takes center stage in US Supreme Court’s home stretch
- Fraud claims against hospital revived in surgery dispute
- US Supreme Court ends suit alleging Cisco helped China pursue Falun Gong
- US Supreme Court boosts Exxon’s bid to get compensation from Cuba
- SCOTUS News: ‘State-court loser’ can’t seek relief in federal court
- Court of Appeals affirms dismissal of untimely appeal in estate property sale dispute
Commentary
- When is a PIP an adverse employment action?
- Legally Speaking: What spring can teach us about active listening
- A useful patent management government notice
- Opinion: NC judges have enormous power. Be sure to vote in November
- The third option: Why your best employees are quietly losing their edge
- AI divorce is real, but family law can still save itself
- ‘AI won’t take your job’ and other things CEOs say before the layoffs
- When not to believe (your lyin’ eyes)
- Conduct a technology audit to improve law firm efficiency
- When the client brings ChatGPT to the consultation
- Content Marketing: Where law firms lose referrals and how to prevent it
- Your best people are not leaving for more money — they are leaving because you stopped paying attention
