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15 May 2024, 10:10 am by Seth Davis
Judge Henderson stressed that the appellant had not been dismissed but rather demoted to a non-SES civil service position. [read post]
9 May 2024, 9:32 am by Alex Phipps
The Court of Appeals first explained that under G.S. 15-144.2(c), a short-form indictment alleging that the defendant engaged in a sex offense with a physically helpless person is acceptable, and this type of indictment was used in the current case. [read post]
7 May 2024, 11:33 am by Brittany Bromell
To date, LAP has been implemented in ten North Carolina counties: Alamance, Buncombe, Durham, Franklin, Henderson, Mecklenburg, Onslow, Orange, Pitt, and Wake. [read post]
22 Apr 2024, 12:26 pm by Haley Proctor
Holroyd, the Court (Judge Henderson, joined by Judges Pillard and Edwards) rejected an ineffective assistance of counsel claim by a defendant sentenced to the mandatory minimum sentence for drug crimes to which he pleaded guilty. [read post]
9 Apr 2024, 2:11 pm by Garrett West
  The majority (Henderson, Pan) held that the fact that the letter closed the investigation never foreclosed the Division’s ability to reopen the investigation, and it found further support in (among other things) the canon that ambiguous terms should not be construed to convey or surrender a “sovereign power. [read post]
7 Apr 2024, 9:05 pm by renholding
For many business economists and legal academics, the purpose of any business organization is simply stated: to maximize profits. [read post]
22 Feb 2024, 7:28 am by Alex Phipps
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on February 20, 2024. [read post]
20 Feb 2024, 7:13 pm by Stephen Halbrook
Circuit, oral argument was conducted before Judge Douglas Ginsburg (yes, the same Judge Ginsburg) together with then-Judge Brett Kavanaugh and Judge Karen Henderson. [read post]
11 Feb 2024, 5:15 pm by Hyland Hunt
Trump, No. 23-3228, in which the court (Judges Henderson, Childs, and Pan) held that “any executive immunity that may have protected [Trump] while he served as President no longer protects him against this prosecution. [read post]
8 Feb 2024, 9:36 am by Eugene Volokh
If A conspires with B who conspires with C, all are linked in one conspiracy—even if A does not even know that C exists (and vice versa) and even if their specific plans diverge in many details.[23] (This is why the Amar brief repeatedly speaks of, for example, "Floyd and other top officials" and "Floyd and his allies. [read post]
30 Jan 2024, 8:35 pm by Ryan Snyder
Judge Rao, joined by Judges Henderson, Katsas, and Walker, issued a statement respecting the denial of rehearing en banc to highlight the executive-privilege issues implicated by the case. [read post]
11 Jan 2024, 6:51 am by Dan Bressler
C. 1.7] provides that a conflict of interest exists if there is a ‘significant risk that a lawyer’s ability to consider, recommend or carry out an appropriate course of action for the client will be materially limited as a result of the lawyer’s other responsibilities or interests.'” “The Supreme Judicial Court observed in Maling v. [read post]
8 Jan 2024, 10:47 pm by Seth Davis
Writing for a unanimous panel, Judge Henderson held that there was sufficient evidence for a jury to “find that [Alford’s] unauthorized presence in the Capitol as part of an unruly mob contributed to the disruption of the Congress’s electoral certification and jeopardized public safety. [read post]