Even though the form orders entered in defendant’s cases were titled “Conditions of Release and Release Order,” the orders contain much more than just conditions of release. The orders – which set pretrial release conditions that defendant never met, meaning ...

Tagged with: Obstruction of Justice

Graham v. Gagnon (Lawyers Weekly No. 001-132-16, 29 pp.) (Floyd, J.) No. 15-1521, July 27, 2016; USDC at Alexandria, Va. (Ellis, J.) 4th Cir. Holding: The 4th Circuit reverses summary judgment for defendant police officers in a woman’s suit alleging ...

Tagged with: Obstruction of Justice Qualified Immunity

A former aide to North Carolina Gov. Beverly Perdue pleaded guilty Friday to a misdemeanor obstruction of justice charge related to secret salary payments received while working on the Democrat's campaign.

Tagged with: Beverly Perdue Obstruction of Justice

Chapman v. Rhoney Even though North Carolina has a 10-year statute of repose for personal injury claims, the statute of repose does not apply to Reconstruction-Era civil rights claims.

Tagged with: Civil Practice Civil Rights Constitutional Due Process Obstruction of Justice Qualified Immunity Tort/Negligence

Security Credit Corp. v. Mid/East Acceptance Corp. of N.C. Plaintiffs allege that, in support of a lawsuit brought against plaintiffs by a competitor, defendants lent money and provided free services to the competitor. Plaintiffs have failed to show how defendants’ alleged conduct falls within defendants’ regular business activities. Plaintiffs failed to allege that defendants’ actions were “in or affecting commerce”; consequently, plaintiffs failed to state a claim for unfair trade practices.

Tagged with: malicious prosecution Obstruction of Justice Punitive Damages Tort/Negligence Unfair Trade Practices

Security Credit Corp. v. Mid/East Acceptance Corp. of N.C. Plaintiffs’ unfair trade practices and punitive damages claims are based on defendants’ alleged champerty and maintenance. Since the champerty and maintenance were not part of defendants’ regular business, they were not “in commerce” within the meaning of G.S. § 75-1.1.

Tagged with: Obstruction of Justice Punitive Damages Tort/Negligence Unfair Trade Practices

State v. Taylor Even though the two-year statute of limitations on misdemeanors had already run when defendant was indicted for felony obstruction of justice, defendant's conviction of the lesser-included offense of misdemeanor obstruction of justice was not barred by the statute of limitations.

Tagged with: Criminal Practice Obstruction of Justice Statute of Limitations

State v. Pollard. Even though the suspect's boyfriend told her she had bought cocaine for a police informant, since the defendant-deputy sheriff had already told the suspect that she was the target of a drug investigation, and since the suspect stopped dealing with the informant immediately after the deputy talked to the suspect, the boyfriend's warning did not negate the deputy's obstruction of justice.

Tagged with: Criminal Practice Obstruction of Justice Pitt County

Earp v. Quinlan. (Lawyers Weekly No. 10-16-0770, 16 pp.) (Sanford L. Steelman Jr., J.) Appealed from Durham County Superior Court (Allen Baddour, J.). N.C. App. Unpub. Holding: The trial court erred when it dismissed the plaintiff’s claims of civil conspiracy ...

Tagged with: Civil Conspiracy Civil Rights Durham County Obstruction of Justice

State v. Wright. (Lawyers Weekly No. 10-07-0758, 15 pp.) (Martha A. Geer, J.) Appealed from Wake County Superior Court. (Donald W. Stephens, J.) N.C. App. Holding: Years of filing false campaign finance disclosure reports with the N.C. State Board of ...

Tagged with: Criminal Practice first impression Fraud Obstruction of Justice