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Tag Archives: Prejudice

Criminal Practice – Constitutional – Confrontation Right – 1999 Incident – Victim’s Interview – Unavailable Witness – Prejudice (access required)

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.

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Real Property – Deed of Trust – Reformation Request – Bona Fide Purchasers for Value – Prejudice (access required)

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 debtors’ land.

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Criminal Practice – Search & Seizure – Reasonable Expectation of Privacy – Habitual Felon – Prejudice – Clerical Error (access required)

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 text of the opinion. Holding: Where the defendant had discarded ...

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Civil Practice – Administrative Dismissal – With Prejudice – Statute of Limitations – Service of Process – By Publication (access required)

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 administrative session, the trial court dismissed plaintiff’s complaint with prejudice ...

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