North Carolina Lawyers Weekly

Dec 17, 2024

4th Circuit: District Court erred when it failed to heed remand order

Where this court previously held that school officials were entitled to public official immunity and that the claims against them must be dismissed, the District Court erred when it allowed […]

Apr 13, 2020

Race-based closing arguments didn’t prejudice murder trial

The North Carolina Supreme Court has unanimously reinstated the conviction of a white man convicted of murdering a black man in Raleigh, saying that while a portion of a […]

Mar 25, 2016

Insurance – Homeowners – Duty to Indemnify – Notification Failure – Prejudice

Foremost Insurance Co. of Grand Rapids, Michigan v. Raines (Lawyers Weekly No. 012-063-16, 14 pp.) (John Tyson, J.) Appealed from Buncombe County Superior Court (Julia Gullett, J.) N.C. App. Unpub. […]

Jul 17, 2014

Criminal Practice – Hit & Run – Attorneys – Constitutional – Ineffective Assistance Claim – Motion to Dismiss

State v. Williams (Lawyers Weekly No. 14-07-0670, 10 pp.) (Linda Stephens, J.) Appealed from Buncombe County Superior Court (Richard Doughton, J.) N.C. App. 14-1 Holding: Even though defense counsel failed […]

Nov 6, 2013

Contract – Negotiable Instruments – Banks & Banking – Civil Practice – Pleadings – Promissory Note Holder

First Federal Bank v. Aldridge : Plaintiff First Federal Bank sued to collect on two promissory notes; however, both notes are payable to “Cape Fear Bank,” and plaintiff did not allege in its complaint that it was the payee on the notes or that it acquired the right to enforce the notes.

Apr 19, 2012

Criminal Practice – Constitutional – Confrontation Right – 1999 Incident – Victim’s Interview – Unavailable Witness – Prejudice

State v. Glenn A police officer interviewed the victim of an alleged 1999 assault in a safe place after the alleged assailant had released the victim and driven away. The now-deceased victim’s statements were testimonial, and their admission violated defendant’s right to confront the witnesses against him.

Mar 20, 2012

Real Property – Deed of Trust – Reformation Request – Bona Fide Purchasers for Value – Prejudice

Branch Banking & Trust Co. v. Teague When judgment creditors agreed to reduce the judgment debtors’ $800,000 debt by $200,000 in exchange for the debtors’ property, the judgment creditors became bona fide purchasers for value. The judgment creditors were not required to prove that they relied on the mistaken property description in the plaintiff-bank’s deed of trust on the debto[...]

Mar 4, 2011

Criminal Practice – Search & Seizure – Reasonable Expectation of Privacy – Habitual Felon – Prejudice – Clerical Error

State v. Eaton. (Lawyers Weekly No. 11-07-0221, 20 pp.) (Donna S. Stroud, J.) Appealed from Rowan County Superior Court. (W. Erwin Spainhour, J.) N.C. App. Click here for the full […]

Sep 14, 2010

Tort/Negligence – Discovery – Motion to Compel – Sanctions – Prejudice

Rekechinsky v. Griffiths. (Lawyers Weekly No. 10-16-0900, 6 pp.) (Elmore, Rick, J.) Appealed from Wake County Superior Court (Paul C. Ridgeway, J.) N.C. App. Unpub. Holdings: The trial court abused […]

Aug 24, 2010

Civil Practice – Administrative Dismissal – With Prejudice – Statute of Limitations – Service of Process – By Publication

Lawrence v. Alejandro. (Lawyers Weekly No. 10-16-0826, 5 pp.) (James A. Wynn Jr., J.) Appealed from Durham County Superior Court. (James E. Hardin, J.) N.C. App. Unpub. Holding: At an […]