Lloyd v. Bailey. (Also McClaughlin v. Bailey and Young v. Bailey). During his campaign for Sheriff of Mecklenburg County, Bailey solicited campaign donations from his deputies. He was reelected and shortly thereafter terminated several deputies who had refused to contribute to the reelection campaign. The deputies sued, claiming wrongful termination under N.C.G.S. § 153A-99, and of …
The North Carolina Supreme Court released a batch of opinions today: Irving v. Charlotte-Mecklenburg Bd. of Educ., (557PA13) Wreck allegedly caused by negligence of driver of school activity bus; whether school activity buses are covered by the State Tort Claims Act under N.C.G.S. § 143-300.1. State v. Williams, (333PA14) Whether an indictment charging a registered …
N.C. Supreme Court Opinions for January 29, 2016 Read More »
Today, the Fourth Circuit will hear oral arguments in Lund v. Rowan County. The County is appealing the decision of the Middle District of North Carolina, which ruled the County’s public prayer practice unconstitutional under the Establishment Clause of the First Amendment. The crux of the issue: is the County’s practice government prayer that coerces the audience toward …
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 …
North Carolina Court of Appeals Opinions for January 19, 2016 Read More »
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 …
Argument Today: Heffernan v. City of Paterson – SCOTUS Read More »
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 …
Elonis requires intent instruction under 18 USC 875 – Fourth Circuit Read More »
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 …
Lifetime GPS monitoring requires showing, finding of recidivism – N.C. Court of Appeals Read More »
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; …
N.C. Court of Appeals Opinions for January 5, 2016 Read More »
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 …
Police can’t lie about having a search warrant – Fourth Circuit Read More »
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 …
Fourth Circuit affirms dismissal of frivolous $4 Billion copyright claim Read More »