Month: December 2016

North Carolina Court of Appeals Opinions for December 30, 2016

By / December 30, 2016

The N.C. Court Appeals released a batch of opinions today (it’s last for 2016): State v. Zubiena  (16-316) Appeal as of Right Under N.C. Gen. Stat. 15A-1444; Withdrawal of Plea; Inconsistent Sentence Under N.C. Gen. Stat.15A-1024; Manifest Injustice; Abuse of Discretion in Imposing Fine; Excessive Fines Clause Adelman v. Gantt  (16-339)  Easement by necessity; easement …

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North Carolina Supreme Court Opinions for December 21, 2016

By / December 21, 2016

The N.C. Supreme Court released a batch of opinions today: State v. Perry, (81A14) (View COA Opinion [File not Found]) Review of order denying defendant’s motion for appropriate relief seeking resentencing; defendant was mandatorily sentenced as a juvenile to life imprisonment without parole; retroactive application of the holding in Miller v. Alabama declaring sentences such as …

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North Carolina Court of Appeals Opinions for December 20, 2016

By / December 21, 2016

The N.C. Court of Appeals released a batch of opinions yesterday: Beal v. Coastal Carriers, Inc.  (16-420) Industrial Commission; South Carolina Workers’ Compensation Act; Location of Employment; Principally Employed Bradley Woodcraft, Inc. v. Dryfus  (16-692) Economic Loss Doctrine; Directed verdict; Expert opinion testimony Corbett v. Lynch  (16-221) Guardianship and custody; appointment of general guardian under …

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Evidence of prior arrests irrelevant to claim of police battery of woman who filmed another’s arrest – Fourth Circuit

By / December 18, 2016

Smith v. Baltimore City Police Dept. I’m way behind the calendar on this one. The TL;DR version: this woman was beat up by Baltimore police for filming the arrest of a juvenile. She sued the police. At trial, the trial court allowed evidence of her prior arrests to be admitted. The Fourth Circuit said this was error. It …

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North Carolina Court of Appeals Opinions for December 6, 2016

By / December 6, 2016

The N.C. Court of Appeals released a batch of opinions today: State v Ledbetter  (15-414-2) Appellate review of guilty plea; Jurisdiction; writ of certiorari; Appellate Rules 1,2, and 21; NCGS 15A-1444(e); suspension of appellate rules. She’s no Lilly. Alexander v. Alexander  (16-556) Unfair and Deceptive Trade Practices Act; In or Affecting Commerce; Misappropriation of Corporate Funds …

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