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Appeals Court upholds extension for sex-abuse lawsuits
RALEIGH — A portion of a North Carolina law that gave adults with child sexual abuse claims two additional years recently to seek civil damages is constitutional, a divided state appeals court has ruled. By a 2-1 decision, a panel of Court of Appeals judges reversed on Tuesday a similarly divided ruling by trial judges […]
Court permits bars’ COVID-19 lawsuit to continue
RALEIGH (AP) — A North Carolina appeals court says portions of litigation filed by bars seeking financial damages for COVID-19 restrictions issued by Gov. Roy Cooper that shuttered doors or curtailed business can continue forward. A Court of Appeals panel decided 2-1 this week that two causes of action from the bar operators can't be halted under a legal doctrine that exempts state government fr[...]
North Carolina Court of Appeals judge formally invested
Judge Julee Flood has been formally invested as Judge of the North Carolina Court of Appeals during a swearing-in ceremony in the Court of Appeals courtroom on Thursday, Feb. 23, according to a news release. Attendees of the ceremony included justices of the Supreme Court of North Carolina, judges of the North Carolina Court […]
Judge takes the oath of office at the North Carolina Court of Appeals
Judge Allison Riggs has been formally invested as judge of the North Carolina Court of Appeals. She was sworn in during a ceremony in the Court of Appeals courtroom on Thursday, Feb. 9, according to a news release. Attendees of the ceremony included justices of the Supreme Court of North Carolina, judges of the […]
COA OKs immediate review of partial summary judgment
Litigants who showed that their substantial right to a jury trial had been prejudiced because a trial court had improperly decided some preliminary factual issues could immediately appeal those rulings even though the case remains ongoing, a divided panel of the North Carolina Court of Appeals has ruled. Julius William Woody appointed his longtime […]
Wrong-race anonymous tip didn’t justify traffic stop
A vague, anonymous tip a police officer had received about an undescribed white male engaged in undescribed suspicious activity in a parking lot didn’t provide the officer with enough reasonable suspicion to detain a black male he encountered in the same parking lot, the North Carolina Court of Appeals has ruled, reversing a trial court […]
Ambiguous form allows grievance petition to continue
The grievance petition of a former Charlotte-area probation officer who claims he was fired without cause must be allowed to continue, the North Carolina Court of Appeals has ruled. Judge John Tyson, writing for a unanimous panel, said that while the plaintiff did not file the appropriate administrative form on time, ambiguity in the wording […]
Search rules broken in drug arrest, NC appeals court rules
RALEIGH (AP) A man accused of trafficking heroin in North Carolina has had his conviction reversed in an appeal because police lacked the grounds to search him. The N.C. Court of Appeals Aug. 7 ordered a new trial for Gregory Charles Baskins, who was first arrested for trafficking heroin in Greensboro in 2014. The court said […]
NC court: No proof public safer when sex offenders tracked
RALEIGH (AP) North Carolina’s second-highest court says authorities can’t force a sex-offender to wear a monitoring device for decades because evidence fails to show that tracking protects the public. A divided three-judge panel of the state Court of Appeals ruled Aug. 7 that because officials presented no evidence that satellite-based monitoring is effective, it violates the [&hellip[...]
Campaign watchdog wants review of appeals judge’s campaign
RALEIGH (AP) A longtime North Carolina campaign finance number-cruncher wants the state elections board to scrutinize an appeals court judge’s campaign committee. Bob Hall founded and led Democracy North Carolina until his recent retirement. He wrote July 19 asking the board to audit and investigate the Phil Berger Jr. committee’s finances in 2016. The son of […]
New trial granted to man who exposed himself with boy nearby
RALEIGH (AP) A registered sex offender found guilty of exposing himself to a North Carolina woman and her 4-year-old son was granted a new trial July 17 after an appeals court found a procedural problem with his felony conviction. The state Court of Appeals ordered the new trial for Neil Wayne Hoyle because it ruled the […]
NC court shuns worker fired for political appointees
RALEIGH (AP) A North Carolina appeals court says a former state worker who alleged he was fired by former Gov. Pat McCrory to make room for a political appointee can no longer challenge the move. The state Court of Appeals ruled July 17 that state prison health care worker Joe Vincoli lost out because he failed to appeal […]
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