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Tag Archives: waiver

Civil Practice – Contempt – Burden of Proof – Waiver – Domestic Relations – Equitable Distribution – Car Loan (access required)

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.

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Labor & Employment – Public Employees – Schools & School Boards – Unsuccessful Principal – Waiver (access required)

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.

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Civil Practice – Venue – Answer Allegation – Waiver – First Impression – CFAA (access required)

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.

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Domestic Relations – Parent & Child – Termination of Parental Rights – Right to Counsel – Waiver – Guardian ad Litem’s Role (access required)

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.

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Criminal – Sentencing – Appeals – Guilty Plea – ‘Any Sentence’ – Waiver (access required)

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).

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Criminal Practice – Constitutional – Right to Counsel – Waiver – Knowing & Intelligent – Insufficient Showing (access required)

State v. Anderson Where our Court of Appeals held, Even though defendant executed a written waiver of counsel which was certified by the trial court, since the trial court failed to clarify the specific charges against defendant, to inform him of potential punishments, or explicitly to inform defendant that he could request court-appointed counsel, defendant has shown that the trial court failed to determine whether defendant knowingly, intelligently and voluntarily waived his right to counsel, we affirm.

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