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Tag Archives: stipulation

Criminal Practice – DWI – Constitutional – Attorneys – Effective Assistance – Opening & Closing Arguments – Prior Offenses – Stipulation (access required)

State v. Rouse Even though, in his opening and closing statements, defense counsel referred to the arresting officers as “very good officers,” counsel did so in the context of arguing that everyone makes mistakes. Counsel could have reasonably made a tactical decision to refrain from challenging the officers’ general professionalism and competence, while still encouraging the jury to find that the officers arrested defendant on May 23, 2010 as a result of their inadvertent mistakes.

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Domestic Relations – Equitable Distribution – Valuation – Stipulation – Husband’s Business – Good Will (access required)

Lane v. Lane Even though the plaintiff-wife now contends that there was a second mortgage on the marital residence that was used to buy an automobile, the parties stipulated in the pretrial order that the fair market value of this vehicle was $6,800 and that it was to be distributed to the wife, but the parties specifically did not stipulate as to whether there was a lien on the vehicle. Where the parties entered into an unequivocal stipulation that the mortgage on the residence was “now paid and no liens on residence,” the wife is bound by her stipulation and cannot disavow it on appeal.

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Tort/Negligence – Personal Injury – Damages – Medical Expenses – Stipulation – Causation – Civil Practice – Offer of Judgment – Expenses (access required)

Martin v. OSI Restaurant Partners, LLC Even though the parties stipulated “that the past medical expenses of Plaintiff in this case total $110,000.00,” the parties did not stipulate that those expenses were a result of defendants’ negligence. Since defendants presented evidence that only some of those expenses arose out of the accident in defendants’ restaurant, the evidence supports the jury’s award of $5,500 in damages.

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Criminal Practice – DWI – Evidence – DWLR – Motion to Suppress – Aggravating Factor – Stipulation (access required)

State v. Presley Although defense counsel successfully moved to dismiss the driving while license revoked (DWLR) charge against defendant, counsel did not move to suppress evidence regarding the DWLR charge for which the officer stopped defendant, leading to the driving while impaired charge against her. Defendant has waived her right to appeal the denial of any intended motion to suppress evidence of driving while license revoked. We find no error in defendant’s DWI conviction. We remand for correction of a clerical error.

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Criminal Practice – Sentencing – Stipulation – Felony Class  (access required)

State v. Wingate Defendant stipulated that he was previously convicted in North Carolina of one count of conspiracy to sell or deliver cocaine and two counts of selling or delivering cocaine and that these convictions were Class G felonies. He now contends that there was insufficient proof to establish whether he had previously been convicted of one count of conspiracy to sell cocaine and two counts of selling cocaine, which are Class G felonies, or whether he was convicted of one count of conspiracy to deliver cocaine and two counts of delivery of cocaine, which are Class H felonies.

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Contract – Civil Practice – Real Party in Interest – Corporate Owner – Stipulation – Evidence – Photographs – Illustrative to Substantive (access required)

Accelerated Framing, Inc. v. Eagle Ridge Builders, Inc.. Although defendant contends on appeal that its contract was signed by David Gentry (president and owner of the plaintiff-corporation) in his individual capacity, at trial defendant stipulated that the contract was between the corporate parties. Even though subject matter jurisdiction cannot be waived, a real party in interest can ratify an action by stipulation. We affirm judgment for plaintiff.

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Domestic Relations – Equitable Distribution – Stipulations – Marital Debt Payments – Divisible Property – ‘Credit’ – Bank Account – Commingling – Transmutation (access required)

Stovall v. Stovall. (Lawyers Weekly No. 10-07-0693, 16 pp.) (Donna S. Stroud, J.) Appealed from Stokes County District Court. (Angela B. Puckett, J.) N.C. App. Holding: Where the parties stipulated that an equal division was equitable but disagreed about the ...

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