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Tag Archives: Obstruction of Justice

Civil Rights – Constitutional – Due Process – Exculpatory Evidence – Withheld by Police – Civil Practice – Statutes of Limitations & Repose – Qualified Immunity –Tort/Negligence – Obstruction of Justice (access required)

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.

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Tort/Negligence – Unfair Trade Practices – Malicious Prosecution – Obstruction of Justice – Champerty & Maintenance – Punitive Damages (access required)

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.

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Tort/Negligence – Unfair Trade Practices – Not in Commerce – Punitive Damages – Obstruction of Justice – Champerty & Maintenance (access required)

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.

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Criminal Practice – Obstruction of Justice – Felony Charge – Misdemeanor Conviction – Statute of Limitations – Statutory vs. Common Law Offense (access required)

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.

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Criminal Practice – Obstruction of Justice – Deputy Sheriff – Drug Investigation – Former Colleague – Warning (access required)

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.

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