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Tag Archives: Insufficient

Criminal Practice – Not Guilty by Reason of Insanity Acquittee – Re-Commitment – Insufficient Findings – Conditional Release – Forensic Unit (access required)

In re Bullock The trial court’s findings of fact are mostly recitations of testimony, and the court did not indicate that respondent’s doctor’s testimony was credible. These findings are insufficient to support the court’s decision to involuntarily recommit respondent.

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Criminal Practice – Search & Seizure – Probable Cause — Traffic Stop – Visual Speed Estimate — Insufficient (access required)

U.S. v. Sowards A deputy’s visual estimate of a driver’s speed – uncorroborated by radar or pacing and unsupported by any other indicia of reliability – did not provide probable cause to stop the driver for driving 75 in a 70-mph zone, and the 4th Circuit says the district court erred in denying defendant’s motion to suppress cocaine discovered in the car after the traffic stop.

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Civil Practice – Personal Jurisdiction – Minimum Contact – Insufficient – Florida Contract (access required)

Miller v. Szilagyi (Lawyers Weekly No. 12-07-0590, 27 pp.) (Cressie H. Thigpen Jr., J.) Appealed from Surry County Superior Court. (John O. Craig III, J.) N.C. App. Holding: Where plaintiff reached out from North Carolina to the Florida defendants to enter into a Florida contract to buy property in Florida, neither the contract nor the related communications directed to plaintiff in North Carolina are sufficient contacts to give N.C. courts personal jurisdiction over the Florida defendants.

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Workers’ Compensation – Appeals – Untimely Notice – Excusable Neglect – Attorney Confusion – Insufficient (access required)

Sellers v. FMC Corp. After two workers’ compensation cases were consolidated for the convenience of the parties, defense counsel received a transcript from the consolidated hearing and mistakenly believed that meant the Industrial Commission had received his notice of appeal for both cases. However, counsel failed to check to make sure he had actually sent a notice of appeal in the instant case; in fact, he did not file notice of appeal in this case until 13 days after the deadline. Counsel’s actions did not constitute excusable neglect.

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