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Tag Archives: Onslow County

Criminal Practice – First-Degree Murder – Jury Instructions – Lesser Included Offense – No Evidence – Photos of Victim (access required)

State v. Bedford. (Lawyers Weekly No. 10-07-1167, 12 pp.) (Wanda G. Bryant, J.) Appealed from Onslow County Superior Court. (Jay D. Hockenbury, J.) N.C. App. Click here for the full text of the opinion. Holding: Even though the state presented ...

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Landlord/Tenant – Commercial Lease – Re-Entry Option – Inadvertent Breach – Rent Increase (access required)

Gayatri Maa, Inc. v. Terrible T. LLC. Even though the plaintiff-landlord did not cash the defendant-tenant's checks while the tenant was mistakenly paying rent at the previous year's rate, since the landlord held the checks for 5 months before returning them the tenant, the landlord waived its option of re-entry upon default.

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Domestic Relations – Child Custody – G.S. § 50-13.7(a) – Change in Circumstances – Modification (access required)

Patten v. Werner. The trial court did not abuse its discretion by finding that the effects of substantial changes in circumstances on a minor child were self-evident, justifying a modification of a prior child custody order. We affirm the trial court's order modifying the prior custody order so as to grant primary physical custody to the defendant-father and secondary physical custody and liberal visitation to the plaintiff-mother.

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