The North Carolina Supreme Court published a batch of opinions today: State v. Snead, (90PA15) (View COA Opinion). Conviction of defendant for felony larceny based solely on lay testimony describing contents of store surveillance video; whether the Court of Appeals erred in finding inadmissible (1) the video based on lack of a proper foundation, and (2) …
The North Carolina Supreme Court released a batch of opinions Friday: Beverage Sys. of the Carolinas, LLC v. Associated Beverage Repair, LLC, (316A14) (View COA Opinion). Following sale of a former family business, whether summary judgment should have been granted for sellers on purchaser’s claims for breach of a non-compete agreement and for tortious interference with …
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 »
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. …
N.C. Supreme Court Opinions for December 18, 2015 Read More »
I posted previously about State v. Packingham, in which the North Carolina Supreme Court upheld a state statute prohibiting the use of social networking sites by registered sex offenders. In that post, I promised more analysis. Here it is. The statute at issue in the decision is N.C.G.S. § 14-202.5: (a) Offense. — It is unlawful …
Analysis: Sex offenders and social networking, State v. Packingham – NC Supreme Court Read More »
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 …
N.C. Supreme Court Opinions for November 6, 2015 Read More »
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 …
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 »
LexisNexis Risk Data Management Inc., and LexisNexis Risk Solutions Inc. v. North Carolina Administrative Office of the Courts A database of North Carolina court records is not a public record, according to the state Supreme Court. In 2011, Lexis requested a copy of the AOC’s Automated Criminal/Infraction System (ACIS) under the Public Records Act. When …
Database of Court Records is not a Public Record – N.C. Supreme Court Read More »