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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North Carolina Court of Appeals Opinions for November 15, 2016

By / November 15, 2016

The N.C. Court of Appeals released a batch of opinions today: Allied Spectrum, LLC v. German Auto Ctr., Inc.  (16-283) Voluntary dismissal; Summary judgment; Genuine issue of material fact Bolier & Co., LLC v. DECCA Furniture (USA), Inc.  (15-1219)  Interlocutory Appeal; Substantial Right; Appellate Jurisdiction Flynn v. Schamens  (16-410) Arbitration award Hinton v. Hinton  (16-85) …

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North Carolina Court of Appeals Opinions for November 1, 2016

By / November 1, 2016

The N.C. Court of Appeals released a batch of opinions today: Davis v. Davis  (16-400) Restraints on Alienation, Life Estate Interests, Reservation of Interest, Vacation Property. Hedden v. Isbell  (16-406)  Alienation of affection; personal jurisdiction; appellate jurisdiction In re: J.R., A.R., K.R.  (16-384) abused and neglected juveniles, denial of attempt to waive counsel SED Holdings, …

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Attorney speech can be regulated by Rules of Professional Conduct – N.C. Court of Appeals

By / October 28, 2016

North Carolina State Bar v. Sutton. Defendant, a lawyer, appealed from a disciplinary proceeding concerning alleged misconduct over several years and in several cases. Specifically, seven different instances: Defendant repeatedly interjected in a deposition; said to opposing counsel: “Fagan, you know what your problem is? Your problem is that you need a boyfriend or a …

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North Carolina Court of Appeals Opinions for October 18, 2016

By / October 18, 2016

The N.C. Court of Appeals released a batch of opinions today: Abrons Fam. Prac. & Urgent Care, PA v. NC Dep’t of Health & Hum. Servs.  (15-1197) Medical providers entitlement to medicaid payment, Exhaustion of administrative remedies, Impossibility Chafin v. Chafin  (15-1152) Equitable Distribution Fullwood v. Barnes  (16-357) Tort claims against police officer; governmental immunity; …

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North Carolina Court of Appeals Opinions for October 4, 2016

By / October 4, 2016

The N.C. Court of Appeals released a batch of opinions today: Baldelli v. Baldelli  (16-142) Equitable distribution; jurisdiction; prior action In re: Lyle Dippell  (16-54) Right to appeal from Clerk of Court’s order that a person is not incompetent In re: K.P. & C.P.  (16-295) Requirements for adjudication of juveniles as neglected and dependant State …

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