State v. McLean. (Lawyers Weekly No. 11-07-0413, 18 pp.) (Cheri Beasley, J.) Appealed from Wayne County Superior Court. (Walter H. Godwin Jr., J.) N.C. App. Click here for the full text of the opinion. Holding: Even assuming arguendo that transportation ...

Tagged with: Assault Criminal Practice Serious Injury Wayne County

State v. Lane. Even though defendant read at the third-grade level (or possibly kindergarten level, according to the trial court) and suffered from several mental disorders, he was nevertheless competent to choose to represent himself ...

Tagged with: Constitutional Criminal Practice Wayne County

Jones v. Keller. When petitioner was sentenced to life in prison, a life sentence was statutorily defined as 80 years. Although petitioner has earned enough good time, gain time and merit time to reduce his sentence to the time he has already served, the Department of Correction grants good time, gain time and merit time for multiple purposes, which need not include early release. Petitioner is legally incarcerated. The holding of the trial court to the contrary is reversed.

Tagged with: Life Sentence Prisons & Jails sentencing Wayne County

State v. Wooten. Of the five faxes sent to town hall, referring to the building inspector, the last two were objectively threatening, placing the building inspector and others in fear. The state presented sufficient evidence of all elements of G.S. § 14-277.3(a)(1). No error in defendant's conviction of misdemeanor stalking.

Tagged with: Criminal Practice Stalking Wayne County

State v. Mendoza. (Lawyers Weekly No. 10-07-0811, 20 pp.) (Martha A. Geer, J.) Appealed from Wayne County Superior Court. (James Floyd Ammons Jr., J.) N.C. App. Holding: Even though the trial court improperly allowed the state to present evidence of ...

Tagged with: Constitutional Criminal Practice evidence Plain Error Analysis Wayne County

Frontier Leasing Corp. v. Hunt. (Lawyers Weekly No. 10-16-0709, 13 pp.) (Martha A. Geer, J.) Appealed from Wayne County Superior Court (John E. Nobles, J.) Holding: A foreign default judgment is valid and enforceable when the debtor signed an agreement ...

Tagged with: Contract Default Judgment Full Faith & Credit jurisdiction Wayne County

Plaintiff, age 47, was at her place of business when a vehicle ran over the curb and through the front glass window, pinning and crushing her against the wall. She sustained a displaced fracture of her fibula and a fracture ...

Tagged with: Arbitration auto accident Insurance medical expenses personal injury UIM Wayne County