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trial court

May 30, 2018

NC legislative session challenge rejected by judges

RALEIGH (AP) A panel of North Carolina trial court judges has rejected arguments by a government reform group and local residents that a special session of the General Assembly violated the state constitution. The case centers on a December 2016 session in which Republicans passed laws tilting the balance of power toward the legislative branch […]

Jan 16, 2014

Security guard’s role in DWI arrest appropriate

Although a trial court said a security guard had “walked like a cop, quacked like a cop, and should be treated like a cop,” the North Carolina Court of Appeals ruled that the private guard was not acting on behalf of the state and therefore did not need reasonable suspicion to stop a man for […]

Dec 2, 2013

Criminal Practice – DWI – Operating a Vehicle – Single-Car Accident

State v. Nunn Even though defendant’s vehicle was stuck in the mud and defendant was passed out behind the wheel when the arresting officer found him, defendant admitted to having operated the vehicle, to being “completely drunk,” and that he should not have been driving.

Aug 14, 2013

Contract – Emails – Alleged Oral Contract – Quantum Meruit – Civil Practice – Summary Judgment – Motion to Continue

Taft v. Dickman Even though plaintiffs placed evidence of an oral contract in the trial court record, plaintiffs only relied on the parties’ emails – their written agreement – in their arguments at the trial level. Plaintiffs may not have summary judgment for defendants overturned based on an argument plaintiffs did not make before the trial court, i.e., that the parties had an ora[...]

Jan 24, 2013

Criminal – DWI– Admissibility of Medical Records – Sufficiency of Evidence

State v. Wood Even though hospital personnel are aware that a defendant was under investigation for impaired driving and may have observed him speaking with a police officer, neither of those facts transforms records created for the purpose of providing defendant with medical care into documents created for the purpose of establishing or proving some fact at trial.

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