Brandon J. Huffman

Brandon is the founder of Odin Law and Media. His law practice focuses on transactions and video games, digital media, entertainment and internet related issues. He serves as general counsel to the International Game Developers Association and is an active member of many bar associations and community organizations. He can be reached at brandon at odin law dot com.

N.C. Supreme Court Opinions for November 6, 2015

By / November 6, 2015

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 …

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North Carolina Supreme Court upholds law prohibiting registered sex offenders from accessing a social networking site

By / November 6, 2015

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 …

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A single cell phone photo insufficient to show intent under 18 U.S.C. § 2251(a) – Fourth Circuit

By / November 6, 2015

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 …

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N.C. Court of Appeals Opinions for November 3, 2015

By / November 4, 2015

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 …

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A discussion on database authentication – NC Court of Appeals

By / October 22, 2015

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. …

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N.C. Court of Appeals Opinions for October 20, 2015

By / October 20, 2015

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 …

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$100 sufficient to support non-compete – N.C. Court of Appeals

By / October 8, 2015

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 …

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Law requiring transfer of municipal water system not unconstitutional – NC Court of Appeals

By / October 8, 2015

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 …

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N.C. Court of Appeals Opinions for October 6, 2015

By / October 6, 2015

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 …

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