Search for: "In the Interest of: G.S., Appeal of: G.S."
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13 Apr 2016, 7:55 am
The issue before the court of appeals was whether these allegations were sufficient to state a claim for negligence per se based on the violation of G.S. 18B-305. [read post]
17 Mar 2022, 6:00 am
As for the due process issue, the Court of Appeals found that the procedures prescribed by G.S. 20-16.2 do not violate due process merely because DMV hearing officers are DMV employees and there is no attorney at revocation hearings putting on the State’s case. [read post]
13 May 2021, 7:03 pm
Although his early release mooted the case, the Court of Appeals elected to proceed with deciding the issues, concluding “that the public interest exception to the mootness doctrine applies” and noting that “a number of petitions with our Court . [read post]
25 Oct 2022, 8:28 am
This raises an interesting question regarding the legislative intent of S.L. 2012-172. [read post]
23 Sep 2014, 6:34 am
Motor vehicles don’t have any special status under our larceny statute, G.S. 14-72. [read post]
23 Feb 2023, 7:56 am
The Waller test required the trial court to determine whether “’the party seeking closure has advanced an overriding interest that is likely to be prejudiced, order closure no broader than necessary to protect that interest, consider reasonable alternatives to closing the procedure, and make findings adequate to support the closure. [read post]
19 May 2020, 7:58 am
(d) Rationale: The North Carolina Court of Appeals in Patterson held that “the broad language of G.S. [read post]
22 Apr 2021, 5:20 pm
G.S. 15A-1422(c)(3). [read post]
29 Jun 2011, 11:47 am
Law Lessons from J.M.S. and G.S., Husband and Wife, and S.S. v. [read post]
5 Mar 2020, 11:33 am
Among several procedural issues in this case was whether the defendant had a right to appeal the judgment given that he had pleaded guilty and G.S. 15A-1444 limits appeals from guilty pleas. [read post]
22 Dec 2016, 12:08 pm
Yes, sure, if it affects a "substantial right," as provided in G.S. [read post]
9 Sep 2014, 9:25 am
On Friday, a panel of the court of appeals decided an interesting electronic sweepstakes case. [read post]
16 Jun 2021, 11:44 am
I received an interesting question recently when I taught about the intersection of criminal defense and Chapter 35A incompetency. [read post]
3 Aug 2023, 8:04 am
The Court of Appeals first explained the basis of defendant’s argument (1), that the trial court lacked jurisdiction because the alleged conduct from the indictment, bribing the witness/victim not to testify, was not criminalized by G.S. 14-226. [read post]
16 Jan 2011, 11:36 am
Dellinger, 327 S.E.2d 609 (NC 1985), we learn that some states give an affirmative answer: This appeal presents an issue of first impression: whether a horse is a vehicle for the purpose of charging a violation of [the drunk driving law]. [read post]
30 Aug 2021, 12:27 pm
Though that statutory requirement was violated in Brice, the interest it protected was honored. [read post]
29 Mar 2023, 11:29 am
G.S. 7B-1500. [read post]
21 Dec 2020, 11:56 am
The focus of the defendant’s arguments on appeal were on the definition of “motor vehicle” as used in G.S. 20-141.5(a) and G.S. 20-4.01(23) at the time of the offenses in 2015. [read post]
19 May 2009, 7:00 pm
The Court of Appeals today affirmed a trial court’s ruling that Wal-Mart had been properly assessed more than $30 million in taxes, penalties and interest. [read post]
20 Jul 2015, 3:00 am
It also provides for an appeal from an order denying a motion to suppress and makes the exclusionary rule of G.S. 15A-974 (exclusion or suppression of unlawfully obtained evidence) applicable to this section. [read post]
