State v Perry. In a decision reminiscent of the Fourth Circuit’s recent holding in US v. Graham (that access to extended cell site data requires a warrant), the North Carolina Court of Appeals has come to some… interesting conclusions. First, the Court of Appeals rejected an argument that cell site information sent to an officer by …
No Warrant Required for Two Days of Cell Site Data – NC Court of Appeals Read More »
The North Carolina Court of Appeals has released this month’s opinions: A & D Envtl. Servs., Inc. v Miller, (14-1397). Interlocutory appeal, substantial right, venue, NCGS § 1-294 Brittian v Brittian, (15-139). Wills, declaratory judgment action, caveat Credit Union Auto Buying Serv., Inc. v Burkshire Props. Grp. Corp., (15-187). Personal jurisdiction; quasi in rem Ehrenhaus v Baker, (14-1201). Attorneys’ …
N.C. Court of Appeals Opinions for September, 2015 Read More »
The Fourth Circuit will hear oral arguments this week at Campbell Law School here in Raleigh. They’ll hear three cases at the school. Among them, Melanie Lawson v. Union County Clerk, which asks the question: Does a government official’s termination of a deputy court clerk for campaigning for office of clerk violate the First Amendment? Argument will …
NLRB v. Intertape Polymer Corp. This is a labor case, an appeal from the National Labor Relations Board (NLRB). But, this is also a First Amendment case, and hence its inclusion here. The NLRB concluded Intertape had violated the Naitonal Labor Relations Act (NLRA). There were three supposed violations: unlawful interrogation of an employee, unlawful …
Riley v. Bartlett. In this unpublished opinion, the Fourth Circuit gives us all a nice reminder that you have to object to a magistrate’s recommendation to later have it reviewed on appeal. This is not a remarkable order, really. But, it’s a good reminder: The timely filing of specific objections to a magistrate judge’s recommendation is …
Friendly Reminder: Make Objections – Fourth Circuit Read More »
US v. Said. Unfortunately, this is not a really interesting case about illegal downloads or bootlegging DVDs. Instead, it is a case about actual bona fide piracy on the high seas. I just couldn’t resist the headline. Yaar!
LexisNexis Risk Data Management Inc., and LexisNexis Risk Solutions Inc. v. North Carolina Administrative Office of the Courts A database of North Carolina court records is not a public record, according to the state Supreme Court. In 2011, Lexis requested a copy of the AOC’s Automated Criminal/Infraction System (ACIS) under the Public Records Act. When …
Database of Court Records is not a Public Record – N.C. Supreme Court Read More »
The North Carolina Supreme Court has released this month’s published opinions: In re Burke, (410A14). Appeal from decision of N.C. Board of Bar Examiners denying petitioner’s application to take the N.C. bar exam. State ex rel. Util. Comm’n v. Cooper, Att’y Gen., (347A14). Appeal from portion of ratemaking order approving an accelerated cost recovery mechanism for …
US v. Graham. The Fourth Circuit ruled that when the government inspects a cell phone user’s historical cell-site location information for an extended period pf time, it must get a warrant under the Fourth Amendment. The Circuit Court split with the Fifth and Eleventh Circuits, which have said that no warrant is required, paving the way …
Access to Extended Cell-Site Records Requires Warrant – Fourth Circuit Read More »