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Feb 12, 2014

Domestic Relations – Civil Practice – Contempt – Attorney’s Fees – Insufficient Findings

Brownstead v. Brownstead (Lawyers Weekly No. 14-16-0127, 10 pp.) (Robert N. Hunter Jr., J.) Appealed from Mecklenburg County District Court (Paige B. McThenia, J.) N.C. App. Unpub. Holding: Where the trial court ruled that plaintiff was entitled to attorney’s fees by stating only the bare statutory language that plaintiff had “insufficient means with which to […]

Nov 6, 2013

Civil Practice – Service of Process – Designated Delivery Service – FedEx — Natural Persons – ‘In Fact Received’ – Municipal – City Attorney

Washington v. Cline Even though FedEx left defendants’ summonses and complaints with other people (or at the door), since defendants “in fact received” the summonses and complaints, service was effective under N.C. R. Civ. P. 4(j)(1)(d).

Sep 4, 2013

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

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.

Jun 27, 2012

Criminal Practice – Search & Seizure – Probable Cause — Traffic Stop – Visual Speed Estimate — Insufficient

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.

Jun 7, 2012

Criminal Practice – Juvenile – Sexual Offense – ‘Force’ – Threat to Expose Secrets – Insufficient – Leader vs. Followers

In re T.W. Neither the juvenile’s threats to expose his victims’ secrets nor his social position as a leader was sufficient to show that the juvenile used constructive force to coerce the victims into performing sexual acts.

Jun 5, 2012

Civil Practice – Personal Jurisdiction – Minimum Contact – Insufficient – Florida Contract

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 Carol[...]

Oct 5, 2011

Workers’ Compensation – Appeals – Untimely Notice – Excusable Neglect – Attorney Confusion – Insufficient

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 inst[...]

Oct 21, 2010

Criminal Practice – Drug Possession – Crack Cocaine – Lay Testimony – Insufficient

State v. Nabors. (Lawyers Weekly No. 10-07-1012, 14 pp.) (Linda Stephens, J.) Appealed from Harnett County Superior Court. (W. Russell Duke Jr., J.) N.C. App. Click here to read the full text of the opinion. Holding: Where the only evidence that the substance at issue was in fact crack cocaine came from an informant and […]

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