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Tag Archives: no prejudice

Arbitration – Litigation Activity – No Prejudice – Litigation Expenses & Strategy – Employee Benefit Plans (access required)

Wheeling Hospital Inc. v. The Health Plan of the Upper Ohio Valley Inc. In this dispute between two hospitals and a health system plan over payments under employee benefit plans, the district court erred in saying the Health Plan’s litigation activity meant it “defaulted” on its right to arbitrate the dispute; the 4th Circuit says there’s no per se prejudice from a dispositive motion, and the hospital plaintiffs did not otherwise show prejudice from delay, their litigation expenses and any revelation of their “litigation strategy.”

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Criminal Practice – Plain Error Standard – Jury Instructions – Armed Robbery & Conspiracy to Commit Armed Robbery – No Prejudice (access required)

State v. Lawrence When the trial judge instructed the jury on the charge of conspiracy to commit armed robbery, he erroneously omitted the element that the weapon must have been used to endanger or threaten the life of the victim. However, the judge had already correctly instructed the jury on the charge of armed robbery.

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Criminal Practice – Discovery – Expert Testimony – Translation – Admissible – No Prejudice – Jury Instruction – Knowledge (access required)

State v. Aguilar-Ocampo During discovery, the state produced a transcript of an audio-video recording of the drug deal at issue; however, shortly before trial, the state realized that the translator was not certified by the Administrative Office of the Courts. The state had the recording translated by an AOC-certified translator and provided the new translation to defendant a few days before trial. Although the trial court erroneously failed to recognize that the translation consisted entirely of an expert’s opinion and that the state had therefore failed to comply with the discovery requirements of G.S. § 15A-903(a)(2), we nevertheless discern no abuse of discretion in the trial court’s failure to strike the transcript or the translator’s testimony.

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Criminal Practice – Robbery & Assault – Shackles – No Prejudice – Indictment – Speedy Trial – Jury & Jurors – Unanimity (access required)

State v. Lee The trial court did not follow the law when it required defendant to remain in shackles during trial because he was financially unable to make bond. However, the error was harmless under the particular circumstances of this case: The trial court clearly and emphatically instructed the jury not to consider defendant’s restraints in any manner, and despite having to present his own defense while wearing the shackles, defendant was still able to obtain an acquittal on one of the attempted murder charges against him. Furthermore, given the overwhelming evidence against defendant, including his own Mirandized statements, we fail to see how defendant’s shackling contributed to his convictions.

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Criminal Practice – Jury & Jurors – Request for Transcript – Judge’s Discretion – No Prejudice (access required)

State v. Starr The trial court erred when it told the jury that it lacked the technological capability to provide the jury with the transcript it requested. However, the defendant failed to show that the court’s failure to exercise its discretion was prejudicial to him. We modify and affirm our Court of Appeals’ decision to uphold defendants’ convictions of four counts of assaulting a firefighter with a firearm.

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Criminal Practice – Constitutional – Right to Counsel – Potential Conflict of Interest – Previous Representation of State’s Witness – No Prejudice (access required)

State v. Choudhry Where the trial court did not explain to defendant the limitations that defense counsel’s conflict of interest imposed on counsel’s ability to question a prosecution witness – counsel’s former client — regarding her 2003 criminal charges, we are unable to conclude that the trial court established that defendant understood the implications of counsel’s prior representation of the prosecution witness to ensure that defendant’s waiver of the potential conflict of interest was knowing, intelligent and voluntary.

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Criminal Practice – Possession of a Controlled Substance at a Prison – Handcuffed Defendant – Jury Instruction – No Prejudice   (access required)

State v. Stanley Although the trial court should have instructed the jury that it was not to consider the fact that defendant was handcuffed when it weighed evidence or determined the issue of guilt, given the evidence against defendant and the trial court’s instruction about incarceration, defendant was not prejudiced by the trial court’s failure to give the instruction about the handcuffs.

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Criminal Practice – Incendiary Material – Judges – Laughter – No Prejudice – Sentencing (access required)

State v. Herrin Even though the trial judge laughed in open court upon hearing the victim’s testimony that defendant “ran like a bi—- all the way, way down past his house,” defendant failed to show any prejudice arising from the incident. We find no prejudicial error in defendant’s conviction of felonious malicious use of an explosive or incendiary device or material.

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Workers’ Compensation – Written Notice – Untimely – No Prejudice – Actual Knowledge – Investigation & Treatment – Appeals – Interlocutory (access required)

Gregory v. W.A. Brown & Sons Even though plaintiff's written notice of her compensable injury was not timely, since the defendant-employer had actual notice of the injury, had an opportunity to investigate, and helped plaintiff get prompt medical attention, defendants were not prejudiced by the untimeliness of the written notice. We affirm the Industrial Commission's award of benefits.

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