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Tag Archives: Mecklenburg County

Domestic Relations – Child Custody – Visitation – Costs – Interest – Rule 11 – Sanctions (access required)

Peters v. Pennington. (Lawyers Weekly No. 11-07-0215, 42 pp.) (Robert N. Hunter Jr., J.) Appealed from Mecklenburg County District Court. (Rebecca T. Tin, J.) N.C. App. Click here for the full text of the opinion. Holding:  Where there was evidence ...

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State files answer for Mecklenburg D.A. in fired prosecutor’s suit (access required)

The N.C. Department of Justice filed an answer last week on Peter S. Gilchrist's behalf in a suit brought against the former Mecklenburg County district attorney in December by Sean P. Smith (pictured), an assistant D.A. Gilchrist fired last year. In his answer, Gilchrist denied that he "acted outside the scope of his official duties" or is subject to any personal liability. He denied violating Smith's rights. Smith, who is now a district court judge, alleged that Gilchrist violated his state and federal constitutional rights when Gilchrist fired him last July after the former assistant prosecutor gave an interview on Charlotte's FOX affiliate that Smith said angered Gilchrist.

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Criminal Practice – Attorney/Client Relationship – Jury & Jurors – Peremptory Challenges – Impasse – New Trial – Felony Murder – Sale & Delivery of Cocaine (access required)

State v. Freeman. (Lawyers Weekly No. 11-06-0133, 1 p.) (Per Curiam) Appealed from Mecklenburg County Superior Court. (Albert Diaz, J.) On discretionary review from the Court of Appeals. N.C. S. Ct. Click here for the full text of the opinion. ...

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Criminal Practice – Armed Robbery – Suspect Identification – Ski Mask – Voice Recognition – Attorneys – Ineffective Assistance Claim – Interrogation Video (access required)

State v. Boyd (Lawyers Weekly No. 11-07-0120, 17 pp.) (Donna S. Stroud, J.) Appealed from Mecklenburg County Superior Court. (Eric L. Levinson, J.) N.C. App. Click here to read the full text of the opinion. Holding: Even though the victim’s ...

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Domestic Relations – Separation Agreement – Non-disclosure Clause – Sealed Court Records – Compelling Countervailing Public Interests (access required)

France v. France. Where the parties' separation agreement requires automatic and complete closure of court proceedings, then the agreement is in violation of public policy, namely the qualified public right of access to civil court proceedings guaranteed by our state's constitution ...

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