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Supreme Court won’t take North Carolina county prayer case
WASHINGTON (AP) The Supreme Court is leaving in place a decision that barred a North Carolina county from opening its meetings with Christian prayers. The Supreme Court declined June 28 to take a case involving the Rowan County Board of Commissioners. The board was sued in 2013 over its practice of opening meetings with a prayer […]
Rowan leaders consider handguns on county property
SALISBURY (AP) — Rowan County commissioners are trying to figure out how best to comply with a state law allowing permit-holding handgun owners to take their weapons onto county property. The Salisbury Post reports commissioners meeting in Salisbury on Monday are expected to consider a change. The amendment is meant to comply with North Carolina […]
Rowan Commission’s prayers taken behind closed doors
Rowan County commissioners have obeyed a court order and did not pray in public at their latest meeting.
Zoning – Municipal – Interpretation – Land Development Ordinance – Non-Conforming Use – Capacity Expansion – Board of Adjustments – Whole-Record Test
APAC-Atlantic, Inc. v. City of Salisbury. (Lawyers Weekly No. 11-07-0330, 18 pp.) (John C. Martin, Ch.J.) Appealed from Rowan County Superior Court. (Davis, Lindsay R., J.). N.C. App. Click here for the full text of the opinion. Holding: One result of the petitioner’s proposed modifications to its asphalt plant would be an expanded capacity to […]
Civil Practice – Statute of Limitations – Computation of Time – Rule 6(a) – Summary Judgment
Winston v. Livingstone College, Inc. (Lawyers Weekly No. 11-07-0284, 5 pp.) (Sanford L. Steelman Jr., J.) Appealed from Rowan County Superior Court. (Theodore S. Royster, J.) N.C. App. Click here for the full text of the opinion. Holding: The trial court erred when it granted summary judgment in the defendant’s favor on the basis that […]
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 text of the opinion. Holding: Where the defendant had discarded a plastic bag on public property and had not been seized at the time of […]
Criminal Practice – Sentencing – Aggravating & Mitigating Factors – Weight
State v. Gillespie. (Lawyers Weekly No. 11-07-0223, 5 pp.) (Sanford L. Steelman Jr., J.) Appealed from Rowan County Superior Court. (W. Erwin Spainhour, J.) N.C. App. Click here for the full text of the opinion. Holding: Even though the trial court found six statutory and non-statutory mitigating factors, it was within the court’s discretion to […]
Criminal Practice – Satellite-Based Monitoring – Subject Matter Jurisdiction
State v. Miller (Lawyers Weekly No. 11-07-0121, 5 pp.) (Linda Stephens, J.) On writ of certiorari from Rowan County Superior Court. (Theodore S. Royster Jr., J.) N.C. App. Click here to read the full text of the opinion. Holding: A district court does not have subject matter jurisdiction over whether a defendant should be ordered […]
Domestic Relations – Child Custody – Modification of Existing Order – Substantial Change in Circumstances – Prejudicial Error
Keaton v. Keaton. (Lawyers Weekly No. 10-16-1069, 19 pp.) (Robert N. Hunter Jr., J.) Appealed from Rowan County Superior Court (Charlie Brown, J.) N.C. App. Unpub. Click here for the full text of the opinion. Holding: The trial court’s findings of fact were supported by competent evidence that the defendant’s allegations of abuse were unfounded; […]
Criminal Practice – Satellite-Based Monitoring – Insufficient Notice – Solicitation to Indecent Liberties
State v. Cowan. (Lawyers Weekly No. 10-07-0917, 19 pp.) (Sam Ervin IV, J.) Appealed from Rowan County Superior Court. (John L. Holshouser Jr., J.) N.C. App. Holding: Although notice of the hearing on satellite-based monitoring (SBM) was sent to defendant, the notice failed to specify the category set out in G.S. § 14-208.40(a) into which […]
Insurance – Uninsured Motorist – Coverage Limits
Nationwide Mut. Ins. Co. v. Burgdoff. (Lawyers Weekly No. 10-07-0868, 10 pp.) (Ann Marie Calabria, J.) Appealed from Rowan County Superior Court. (John L. Holshouser, J.) N.C. App. Holding: The issue of whether an insurance company failed to offer an opportunity to select or reject different uninsured motorist limits is a matter for the jury […]
Criminal Practice – Sexual Offense – Child Victim – Expert Witness – Effective Assistance of Counsel
State v. Livengood. (Lawyers Weekly No. 10-07-0875, 8 pp.) (Sanford L. Steelman Jr., J.) Appealed from Rowan County Superior Court. (Richard L. Doughton, J.) N.C. App. Holding: On cross-examination, the state’s expert said the physical findings from the victim’s exam could be consistent with rape or with no rape. On re-cross-examination, defense counsel tried to […]
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Commentary
- Amotion sees resurgence after almost a decade
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Court’s term was rough on big business
- Ex-president, bar association have made their choice
- Ruling sharpens boundaries in attorney-client privilege
- Lawyers Weekly debuts new and improved web experience
- US Supreme Court bites back at parody’s use of the First Amendment
- Supreme Court leaves key internet protection untouched
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
- A roadmap to attracting, developing, retaining great associates
