A defendant whose probation was revoked by a district court judge won’t be able to appeal that decision to superior court because he waived his right to a revocation hearing, the North Carolina Court of Appeals has unanimously ruled ...

Tagged with: waiver

State v. Schumann (Lawyers Weekly No. 011-050-18, 22 pp.) (Robert Hunter Jr., J.) Appealed from Columbus County Superior Court (Douglas Sasser, J.) N.C. App. Holding: Although defendant complained that he could not find an attorney to represent him, (1) he ...

Tagged with: waiver

State v. Pena (Lawyers Weekly No. 011-395-17, 23 pp.) (Donna Stroud, J.) Appealed from Mecklenburg County Superior Court (Robert Sumner & Eric Levinson, JJ.) N.C. App. Holding: Where a hearing transcript reveals that one judge failed to conduct a sufficient ...

Tagged with: waiver

Town of Belville v. Urban Smart Growth, LLC (Lawyers Weekly No. 011-060-17, 10 pp.) (Philip Berger Jr., J.) Appealed from Brunswick County Superior Court (Gary Trawick, J.) N.C. App. Holding: Plaintiff initiated this litigation and, before plaintiff asserted its contractual ...

Tagged with: waiver

Outer Banks Ventures, Inc. v. Tinkham (Lawyers Weekly No. 005-001-16, 14 pp.) (Stephani Humrickhouse, J.) E.B.N.C. Holding: Any alleged breach of fiduciary duty by the defendant-attorney would have occurred in connection with the parties’ 2011 promissory note, prior to the ...

Tagged with: waiver

Moss v. Moss Where an assistant clerk of court – rather than a judicial official – entered the show cause order, plaintiff should have borne the burden of proving that defendant was in contempt. However, since defendant failed to object and acquiesced when the trial court asked her to show why she should not be held in contempt, defendant waived the right to complain about this procedural defect.

Tagged with: burden of proof Civil Practice Contempt Domestic Relations equitable distribution waiver

Butler v. Charlotte-Mecklenburg Board of Education A school board renewed a principal’s contract before it received the reviews and scores from her first contract term. The contract renewal was not a waiver of the board’s right to fire the principal based on her performance during her first contract term.

Tagged with: Labor & Employment Public Employees Schools & School Boards waiver

LendingTree, LLC v. Anderson Even though defendant’s answer alleged that venue was improper, since defendant (1) stipulated in the case management report that venue was proper, (2) did not object to the conclusion in the case management order that venue was proper, and (3) waited three years after filing his answer – while continuing to participate in this litigation – before pressing his improper venue defense, defendant has waived the defense of improper venue.

Tagged with: Civil Practice first impression venue waiver

In re P.D.R. Our Court of Appeals applied G.S. § 15A-1242 to find that a trial court had abused its discretion by allowing the respondent in a termination-of-parental-rights (TPR) proceeding to waive her right to counsel. Section 15A-1242 applies in criminal proceedings and has no application in TPR proceedings.

Tagged with: Domestic Relations parent & child right to counsel termination of parental rights waiver

U.S. v. Thornsbury A convicted felon pleading guilty to possession of ammunition, who waived his right to appeal “any sentence,” cannot seek to have his sentence on the firearm charge reduced in light of his assistance to the government in prosecuting an unrelated case, and the 4th Circuit dismisses this appeal of the district court’s denial of the government’s motion for a sentence reduction pursuant to Fed. Rule Crim. P. 35(b).

Tagged with: appeals Criminal Guilty Plea sentencing waiver