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 »
State v. Hicks. Eric Hicks was convicted of manufacturing meth. He appealed the conviction. His arrest came after a tip top a school resource officer about a meth lab, and a safety check on his children by officers during which they saw plastic bottles used in meth production in plain view with his trash cans. …
A discussion on database authentication – NC Court of Appeals Read More »
The United States Court of Appeals for the Fourth Circuit has followed a recent trend in court administration by adopting a rule to combat link rot. SCOTUS adopted a similar rule earlier this month. The rule: I.O.P.-36.4. Internet Citations in Opinions. Internet resources cited in the Court’s opinions that can be saved in PDF format …
The North Carolina Court of Appeals has released a new batch of opinions: State v Campbell (13-1404-2). fatal variance, special property interest, ineffective assistance of counsel, NC Rules of Evidence 403 & 404(b) CB Windswept, LLC v Cape Fear Pub. Util. Auth. (15-374). Water and sewer impact fees- ultra vires Miller v Miller (15-309). credit for over payment of …
N.C. Court of Appeals Opinions for October 20, 2015 Read More »
Employment Staffing Group v. Little. Most tech practitioners can recite the doctrine that a non-compete is not enforceable without consideration. Usually, the offer of employment is the consideration. Sometimes, an employer wants to add a non-competition covenant after the employment has already begun. Lawyers vary on what they tell their client is the minimum possible consideration. Some …
$100 sufficient to support non-compete – N.C. Court of Appeals Read More »
Asheville v. State. This case is outside the normal scope of this blog, but it’s a big case. In 2013, the state adopted a law requiring the transfer of Asheville’s municipal water system to the Metropolitan Sewerage District. The City challenged the law, arguing that the law was unconstitutional because (1) the Transfer Provision is a “local …
The North Carolina Court of Appeals has released this month’s opinions: Atl. Coast Props., Inc. v Saunders, (14-1278). Cotenants; Adverse Possession; Constructive Ouster; Summary Judgment Standard. Burger v Smith (15-180). Child Custody and visitation- adequate findings. City of Asheville v State of N. Carolina, (14-1255). General Assembly’s authority to regulate powers of political subdivisions; Constitutional limitations …
N.C. Court of Appeals Opinions for October 6, 2015 Read More »
US v. Amir Faraz. Amir Ali Faraz was convicted of conspiracy to distribute and possess with intent to distribute 1 kilogram or more of heroin and 100 kilograms or more of marijuana, two counts of possession with intent to distribute heroin, four counts of use of a communication facility to facilitate narcotics trafficking, and interstate travel with intent to promote drug trafficking. He …
Fourth Circuit affirms wiretap evidence (unpublished) Read More »
Spokeo v. Robins, No. 13-1339 [Argument: November 2, 2015] Issue: Whether Congress may confer Article III standing upon a plaintiff who suffers no concrete harm, and who therefore could not otherwise invoke the jurisdiction of a federal court, by authorizing a private right of action based on a bare violation of a federal statute. The issue …