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Tag Archives: Supreme Court

Criminal Practice – DWI – Search & Seizure – Extension of Stop – Jury Poll (access required)

State v. Burroughs In a civil suit, Atkins v. Moye, 277 N.C. 179, 176 S.E.2d 789 (1970), our Supreme Court said an odor of alcohol standing alone is no evidence that one is under the influence of an intoxicant; however, in order to extend the length of a traffic stop, the arresting officer here needed only sufficient articulable facts to form a reasonable belief that defendant was committing the criminal violation of driving while impaired.

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Arbitration – Contract – Apparent Authority – Nursing Home – Daughter’s Signature – Wrongful Death – 12(b)(6) Standard (access required)

Bookman v. Britthaven, Inc. : As defendant presented evidence that would allow, but not require, a finding that the decedent’s husband and daughter had apparent authority to agree to arbitration of disputes, the trial court was required to make findings of fact and conclusions of law resolving that issue.

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Thurgood Marshall biography recounts formative years (access required)

More than 75 years after Thurgood Marshall’s victory in the landmark desegregation case that, in 1935, opened the doors of the University of Maryland School of Law to African-Americans, law professor Larry S. Gibson has published a biographic sketch of the civil rights trailblazer, “Young Thurgood: The Making of a Supreme Court Justice.”

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Just look up (access required)

It’s not every day that attorneys take a road trip to the nation’s highest court to argue about bare buttocks. But that’s what Brooks Pierce attorneys Wade Hargrove, Mark Prak, David Kushner and Julia Ambrose did earlier this year in FCC v. Fox, the latest Supreme Court case to address the Federal Communications Commission’s ongoing regulation of indecent programming.

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