North Carolina Court of Appeals Opinions for January 19, 2016

By / January 19, 2016

The North Carolina Court of Appeals has released a batch of opinions: Carpenter v Carpenter  (14-1066). Alimony; Attorneys’ Fees; Uniform Transfers to Minors Act; Equitable Distribution; Subject Matter Jurisdiction Eason v. Taylor  (15-779). equitable distribution Greenshields, Inc. v. Travelers Prop. Cas. Co. of Am.  (15-539). Failure to prosecute In re: A.B. & J.B.  (15-910). termination of parental rights In …

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Argument Today: Heffernan v. City of Paterson – SCOTUS

By / January 19, 2016

Heffernan v. City of Paterson. Question Presented: Whether the First Amendment bars the government from demoting a public employee based on a supervisor’s perception that the employee supports a political candidate. That’s right, the perception of support. If Heffernan were actually supporting a political opponent of his boss, he’d have better recourse under the First Amendment. Because he …

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Elonis requires intent instruction under 18 USC 875 – Fourth Circuit

By / January 19, 2016

US v. White. White was convicted of three counts of violating 18 U.S.C. 875(b) for sending threats in interstate commerce with an intent to extort, and one lesser included offense under 18 U.S.C. 875(c) for sending threats without the intent to extort. White appealed the conviction, arguing, among other theories, that the trial court erred in its …

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Lifetime GPS monitoring requires showing, finding of recidivism – N.C. Court of Appeals

By / January 6, 2016

State v. Springle. Defendant was indicted for indecent exposure in 2013 and pled guilty in 2014. During his sentencing, the judge noted that he was a recidivist and therefore subject to satellite-based monitoring. On the administrative form for recording the order, however, he didn’t check all the right boxes. A footnote explains: Judge Alford checked …

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N.C. Court of Appeals Opinions for January 5, 2016

By / January 5, 2016

The North Carolina Court of Appeals has released a batch of opinions: Alston v Hueske  (15-207) Rule 9(j); Medical Malpractice. Cushman v Cushman  (15-233) Equitable distribution-Pretrial summary judgment motion E. Brooks Wilkins Fam. Med., P.A. v WakeMed,  (15-217) Rule 3(c) of the North Carolina Rules of Appellate Procedure; Actual notice; Appeal from order dismissing an appeal; …

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Police can’t lie about having a search warrant – Fourth Circuit

By / December 23, 2015

US v. Rush. These excerpts say really everything you need to know: A law enforcement officer knowingly lied to Defendant Kenneth Rush by claiming that he had a warrant to search the apartment where Defendant was staying when no warrant in fact existed. . . . On appeal, Defendant argues that the evidence should have …

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Fourth Circuit affirms dismissal of frivolous $4 Billion copyright claim

By / December 19, 2015

Chambers v. Amazon. Unpublished. So, this case isn’t setting any precedent. It’s not going to make a casebook any time soon. But it is fun interesting. Roland Chambers, Jr., appealed the district court’s order dismissing his copyright infringement lawsuit. Chambers sued Amazon, Apple, CD Baby and others. He claimed (sort of) that each was liable …

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N.C. Supreme Court Opinions for December 18, 2015

By / December 18, 2015

The North Carolina Supreme Court has issued a batch of opinions: Dickson v. Rucho, (201PA12-3). On remand; application of U.S. Supreme Court’s opinion in Alabama Legislative Black Caucus v. Alabama, ___ U.S. ___, 135 S. Ct. 1257 (2015), to this Court’s prior decision affirming the 2011 N.C. Congressional, Senate, and House redistricting plans. Additional coverage: N&O; WFAE; Citizen-Times. …

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N.C. Court of Appeals doubles down on warrantless searches of historical cell location data

By / December 17, 2015

State v. Hurtado. Unpublished. The Court of Appeals isn’t backing down from the position that warrantless searches of historical cell phone location data are not “searches” as protected by the Fourth Amendment. In this case, police arrested the Defendant after learning from a source about a large amount of heroin in his car. The source also …

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N.C. Court of Appeals Opinions for December 15, 2015

By / December 15, 2015

The North Carolina Court of Appeals released a batch of opinions today: State v Biddix  (15-161). NCGS 15A-1444(e); Appellate Rule 21; Appellate Rule 2; writ of certiorari Bailey v Ford Motor Co.,  (15-9). Arbitration. Some interesting state discussion of the FAA here, too. Bank of Am., N.A. v Rice,   (15-251). Law of the Case Doctrine; Novations; Assignment; Motion …

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