Tech Systems, Inc. v. Pyles. Unpublished opinion. Pyles argued that the district court erred in, among other things, denying her motion as to violations of the Computer Fraud and Abuse Act (“CFAA”), 18 U.S.C. § 1030 (2012) and the Electronic Communications Privacy Act (“ECPA”), 18 U.S.C. § 2701 (2012). The Fourth Circuit disageed. The CFAA …
State v. Fryou. This is a case about a sex offender charged with being on the premises of a preschool in violation of N.C.G.S. § 14- 208.18(a). Really, though, this is a case about making sure to raise the right arguments in an appellate brief. Defendant went to a church to meet with the pastor, but …
The North Carolina Court of Appeals released a batch of opinions today: Bilodeau v. Hickory Bluffs Cmty. Servs. Ass’n, Inc. (15-501). Liens and fines. PCA. NCGS 47F. Authority to lien. Common areas. Required Notice. Rescission of a prior board decision. Chen v Zou (15-228). service of process by publication, divorce judgment, Rule 60(b)(4) – void judgments Comstock …
N.C. Court of Appeals Opinions for November 17, 2015 Read More »
I posted previously about State v. Packingham, in which the North Carolina Supreme Court upheld a state statute prohibiting the use of social networking sites by registered sex offenders. In that post, I promised more analysis. Here it is. The statute at issue in the decision is N.C.G.S. § 14-202.5: (a) Offense. — It is unlawful …
Analysis: Sex offenders and social networking, State v. Packingham – NC Supreme Court Read More »
I have previously written about the Fourth Circuit’s decision in US v. Graham, in which the divided court concluded that extended cell-site data could not be admitted without a warrant – and splitting from other circuits. I’ve also previously written about State v. Perry, in which the N.C. Court of Appeals concluded no warrant was …
High court declines to hear cell-site data case – SCOTUS Read More »
The North Carolina Supreme Court has issued a batch of opinions: State v. Packingham, (366PA13). Whether N.C.G.S. 14-202.5, prohibiting all registered sex offenders from accessing commercial social networking internet sites, is constitutional on its face and as applied. Additional Coverage. Even more to come. Morningstar Marinas/Eaton Ferry, LLC v Warren County, et al., (131A14). Appeal by a …
N.C. Supreme Court Opinions for November 6, 2015 Read More »
State v. Packingham. This opinion just broke. More analysis to come. For now, here are a few nuggets: N.C.G.S. § 14-202.5 bans use of commercial social networking Web sites by registered sex offenders. Defendant, a registered sex offender, had a Facebook account. The case went to trial and, after considering evidence that defendant maintained a …
US v. Palomino-Coronado. Let’s get something out of the way: the Defendant-Appellant is a bad guy. Facts are clear that he repeatedly raped his seven year old neighbor. The appeal does not argue otherwise. Instead, the appeal argues that the statute under which Palomino-Coronado was convicted, 18 U.S.C. § 2251(a), has a specific intent requirement. The statute …
The North Carolina Court of Appeals released a batch of opinions today: Clarke, ex rel v Mikhail (15-235). Medical malpractice; wrongful death; intervening and superseding negligence; burden of proof; bifurcation; 404(b) evidence; causation; jury instruction Collins v. Collins (15-481). Accustomed standard of living; Findings of fact; NCGS 50A-16.3A; Savings as part of alimony; Attorney fees; Late entry of …
N.C. Court of Appeals Opinions for November 3, 2015 Read More »