North Carolina board upholds ruling over senator’s residency
RALEIGH (AP) North Carolina’s election board has sided with a legislator over a complaint that alleged he didn’t live in the district in which he was running for the primary. The board voted 7-1 May 3 to uphold a local elections panel ruling dismissing the residency challenge against Sen. Ben Clark for a district covering Hoke County and […]
Hoke County to be tested for wind power
LUMBER BRIDGE (AP) — A Florida company is building a 196-foot tower in Hoke County to determine whether the area has enough wind to generate electricity. The Fayetteville Observer reported that NextEra Energy Resources is building the tower near Lumber Bridge. Equipment on the tower will measure wind speeds for up to five years. The […]
Criminal Practice – Guilty Plea – Knowing & Voluntary – Satellite-Based Monitoring – ‘Aggravated Offense’ – Sexual Offense
State v. Santos. (Lawyers Weekly No. 11-07-0279, 11 pp.) (Wanda G. Bryant, J.) Appealed from Hoke County Superior Court. (Richard T. Brown, J.) N.C. App. Click here for the full text of the opinion. Holding: Even though defendant is functionally illiterate and shows symptoms of mild mental retardation, he was found competent to stand trial, […]
Criminal Practice – Conspiracy – Foiled Attempt – Kidnapping & Robbery
State v. Lawrence. Even though the arrival of police scared the conspirators away from their first attempt to kidnap and rob the victim, and even though the conspirators made some changes before . . .
Landlord/Tenant – Commercial Lease – Failure to Pay Rent – Default – Cure Period – Sublease – Rent Percentage
McDonald’s Corp. v. Five Stars, Inc. (Lawyers Weekly No. 10-16-1110, 13 pp.) (Cheri Beasley, J.) Appealed from Hoke County Superior Court. (Kenneth C. Titus, J.) N.C. App. Unpub. Click here for the full text of the opinion. Holding: Even though the “Joint Development Addendum” executed at the same time as the parties’ sublease said that […]
Criminal Practice – Evidence – Bad Acts – Appeals – Failure to Object
State v. Ray. Where defendant objected to the admission of evidence regarding his 1990 assaultive behavior only during a hearing out of the jury's presence and did not then subsequently object when the evidence was actually introduced at trial, defendant failed to preserve for appellate review the trial court's decision to admit evidence regarding his 1990 assaultive behavior.
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