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Tag Archives: Standard of Review

Criminal Practice – Evidence – Prior Bad Acts – Standard of Review — Sufficient Similarity – 10- to 12-Year Gap (access required)

State v. Beckelheimer Although defendant would have been in his teens at the time of the acts testified to by a prosecution witness, the details of defendant’s acts were sufficiently similar to allow the witness to testify about an incident 10 to 12 years before the one at issue.

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Administrative – Immigration – Deferral of Removal Petition – Fear of Torture – Standard of Review (access required)

Turkson v. Holder In deciding this petition for deferral of removal based on petitioner’s fear of torture if he is returned to his native Ghana, the 4th Circuit says the Board of Immigration should have applied the “clearly erroneous” standard instead of the de novo review standard, and it grants the petition, vacates the BIA’s decision in favor of the Department of Homeland Security and remands the case for further proceedings.

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Civil Practice – Class Action – Corporate Merger – Settlement – Standard of Review – First Impression — Attorneys’ Fees (access required)

Ehrenhaus v. Baker We adopt the “fairness, reasonableness and adequacy” standard for determining whether a class action settlement should be approved. We affirm the trial court’s approval of the class action settlement, but we reverse the award of attorneys’ fees and remand for additional findings.

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Civil Practice – Pleadings – Motion to Amend – Untimely – Diligence – Standard of Review – Magistrate’s Ruling (access required)

Stonecrest Partners, LLC v. Bank of Hampton Roads. (Lawyers Weekly No. 11-02-0328, 10 pp.) (Louise W. Flanagan, Ch.J.) E.D.N.C. Holding: Although plaintiff’s original counsel unexpectedly passed away, he had already filed plaintiffs’ first motion to amend the complaint, and he ...

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Criminal Practice – Search & Seizure – Stop of Pedestrian – Freedom to Leave – Evidence – Material Conflict – Standard of Review – First Impression – Findings & Conclusions (access required)

State v. Baker. (Lawyers Weekly No. 10-07-1166, 18 pp.) (Barbara Jackson, J.) Appealed from Halifax County Superior Court. (Alma L. Hinton, J.) N.C. App. Click here for the full text of the opinion. Holding: The arresting officer testified that defendant ...

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