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Tag Archives: waiver

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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Domestic Relations – Parent & Child – Custody – Grandparents – One Year’s Placement – Review Hearings – Constitutional — Waiver (access required)

In re T.P. Even though the child spent several months with his maternal grandparents and several months with his paternal grandparents, he was nevertheless placed with relatives for more than a year. Therefore, the trial court could waive further review hearings under G.S. § 7B-906. We affirm the trial court’s award of custody to the paternal grandparents.

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Attorneys – Attorney-Client Privilege – Work Product – Waiver – Advice of Counsel Defense – Corporate Sale – Disparate Shareholder Prices (access required)

Richardson v. Frontier Spinning Mills By raising the advice-of-counsel defense as to disparate share pricing, material disclosures in a stock purchase agreement, and otherwise, defendants waived attorney-client and work-product privileges as to (1) the mechanics of and manner in which the stock sale was structured; (2) the manner in which information concerning the sale was disclosed to outside shareholders...

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

State v. Anderson Even though defendant executed a written waiver of counsel which was certified by the trial court, defendant has shown that the trial court failed to determine whether defendant knowingly, intelligently and voluntarily waived his right to counsel. Defendant is entitled to a new trial.

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Criminal Practice – Probation Revocation – Constitutional – Right to Counsel – Waiver – Insufficient Judicial Inquiry   (access required)

State v. Sorrow Even though defendant executed two written waivers of counsel, since it does not appear the trial court conducted a thorough inquiry into whether defendant understood and appreciated the consequences of his decision to proceed pro se or whether defendant comprehended the nature of the charges and proceedings and the range of possible punishments, this failure to conduct the mandatory inquiry under G.S. § 15A-1242 is prejudicial error.

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Arbitration – Insurance – Auto — UIM – Waiver (access required)

Herbert v. Marcaccio The plaintiff waived her right to arbitration in a UIM action since the insurer was prejudiced by the plaintiff’s two-year time delay because it was required to spend a significant amount of resources to defend the suit which would have been unnecessary had a demand for arbitration been made earlier. We affirm the trial court’s order.

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Domestic Relations – Parent & Child – Termination of Parental Rights – Right to Counsel – Waiver – Competence (access required)

In re P.D.R. The respondent-mother was alleged to have mental issues, was appointed a guardian ad litem, and professed not to understand what was going on. Under these circumstances, the trial court had a duty to inquire into the mother's competence not only to waive counsel, but also to represent herself in the proceedings to terminate her parental rights.

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Contract – Asset Purchase Agreement – New York Law – Warranty Claims – Waiver – Tort/Negligence (access required)

KLATMW, Inc. v. Electronic Systems Protection, Inc. When the defendant purchased the assets of the plaintiffs' business, the plaintiff-sellers falsely warranted that there had been no material adverse effect on the business since the most recent balance-sheet date. In fact, the sellers had learned that their sales to a major customer would decline. However, there is a genuine issue of fact as to whether the defendant-buyer waived this breach of warranty by continuing with the closing after receiving information about the projected sales decline from the sellers.

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