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 …

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

Fourth Circuit affirms wiretap evidence (unpublished)

By / October 6, 2015

US v. Amir Faraz. Amir Ali Faraz was convicted of conspiracy to distribute and possess with intent to distribute 1 kilogram or more of heroin and 100 kilograms or more of marijuana, two counts of possession with intent to distribute heroin, four counts of use of a communication facility to facilitate narcotics trafficking, and interstate travel with intent to promote drug trafficking. He …

Fourth Circuit affirms wiretap evidence (unpublished) Read More »

Cases to Watch: October Term

By / October 1, 2015

Spokeo v. Robins, No. 13-1339 [Argument: November 2, 2015] Issue: Whether Congress may confer Article III standing upon a plaintiff who suffers no concrete harm, and who therefore could not otherwise invoke the jurisdiction of a federal court, by authorizing a private right of action based on a bare violation of a federal statute. The issue …

Cases to Watch: October Term Read More »

North Carolina Supreme Court Opinions for September 25, 2015

By / September 25, 2015

The North Carolina Supreme Court has issued this month’s opinions: State v. Taylor, (1A15). Whether the trial court committed plain error by admitting testimony from a detective that vouched for the credibility of the alleged victim. State v. Pendergraft, (49A15). Whether an indictment charging defendant with obtaining property by false pretenses was fatally defective because it …

North Carolina Supreme Court Opinions for September 25, 2015 Read More »

No Warrant Required for Two Days of Cell Site Data – NC Court of Appeals

By / September 15, 2015

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 »

N.C. Court of Appeals Opinions for September, 2015

By / September 15, 2015

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 »

Fourth Circuit in Raleigh this Week

By / September 15, 2015

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 …

Fourth Circuit in Raleigh this Week Read More »

Employers’ Incidental Observance of Organizing Activity During Leafleting is Not Unlawful Surveillance – Fourth Circuit

By / September 12, 2015

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 …

Employers’ Incidental Observance of Organizing Activity During Leafleting is Not Unlawful Surveillance – Fourth Circuit Read More »

Friendly Reminder: Make Objections – Fourth Circuit

By / September 12, 2015

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 »