Posts filtered by tags: North Carolina[x]


North Carolina: Trial Court Can Impose Disability Suspension

The North Carolina Court of Appeals upheld the inherent authority of a trial court to impose a disability suspension. The attorney had two matters scheduled in the same courthouse. One involved responding to a summary judgment motion; the other was... [Author: Legal Profession Prof]
Tags: Bar Discipline & Process, Legal Profession Prof

Young love lost, an only son gone, after fatal training accident at Camp Pendleton

DEL MAR — Kathleen Isabel Bourque sat on the edge of a rock outcropping at the beach. Wearing a white, eyelet slip dress and a camouflage Marine Corps blouse, she urged eight-month-old Ruthie, her black Labrador puppy, to jump up next to her. The place was a spot where the love of her life and soulmate, Marine Corps 1st Lt. Conor McDowell, frequently photographed her — sometimes in the same white dress. “He called it my angel dress,” Bourque said. It was what she was wearing the first time they...
Tags: News, Camp Pendleton, Military, Top Stories Breeze, Top Stories IVDB, Top Stories LADN, Top Stories LBPT, Top Stories OCR, Top Stories PE, Top Stories PSN, Top Stories RDF, Top Stories SGVT, Top Stories Sun, Top Stories WDN

Use and Enforcement: Can Dominant Estate Park on an Ingress and Egress Easement

My question involves real estate located in the State of: North Carolina Hey guys, I'm the servient estate of an ingress & egress easement. The dominant estate is parking on the easement, although no provision for parking is written in the language. I've found plenty of case law in multiple states that this isn't legal, but no luck for North Carolina. Do you have any recommendations on how I can research this? Part of what makes it tricky is my neighbor is parking in order to drop off someone...
Tags: Real Estate Ownership and Title

Civil Rights Issues: Can a Lawyer Write an Affidavit for Someone and Have Them Sign It

My question involves civil rights in the State of: North Carolina Hi guys! Simple question here - I'm a defendant in a civil case. The lawyer of the plaintiff emailed a witness with a fully written affidavit and asked her to sign it. The witness refused because it was false and forwarded the email to me. Plaintiff's attorney has produced signed affidavits from other parties that all read identically, so I am convinced he wrote them all, and now I have email evidence that he tried to do the sam...
Tags: Law, Civil Rights, North Carolina

"Boston Accent Ranked Second Sexiest in America, Survey Says."

Boston 10 reports.Texas is #1, in case your wondering. My favorite part of the ranking is "14. Yooper."And I learned a new term "Hoi Toider." (At #35.) I thought it might be a joke, but:High Tider or Hoi Toider is a dialect of American English spoken in very limited communities of the South Atlantic United States—particularly, several small island and coastal townships in the rural North Carolina "Down East" that encompasses the Outer Banks and Pamlico Sound (specifically including Atlantic, Sea...
Tags: Texas, Law, Boston, America, Michigan, North Carolina, Smith, Accents, Tangier, Chesapeake Bay, Outer Banks, Pamlico Sound, Ocracoke, Ann Althouse, Carteret County, Harkers Island

Second Suspension For Virgin Islands Crime

The South Carolina Supreme Court imposed reciprocal discipline based on a New Jersey suspension that in turn was based on the attorney's Alford plea in the Virgin Islands. Respondent entered a plea pursuant to North Carolina v. Alford, 400 U.S.... [Author: Legal Profession Prof]
Tags: Law, New Jersey, North Carolina, Virgin Islands, Alford, South Carolina Supreme Court, Legal Profession Prof, Bar Discipline & Process, Second Suspension For Virgin Islands Crime

"Individualized Executions"

The title of this post is the title of this new paper authored by William Berry now available via SSRN. Here is its abstract: States continue to botch lethal injection attempts.  The decision to move forward with such procedures without considering the health of the inmate has resulted in a series of brutal, horrific incidents.  In its Eighth Amendment jurisprudence, the Supreme Court has established that courts must give defendants individualized sentencing determinations prior to imposing a d...
Tags: Supreme Court, Law, Ohio, North Carolina, Lockett, Woodson, Douglas A Berman, William Berry, Woodson Lockett

Monday round-up

Amy Howe reports for this blog, in a post first published at Howe on the Court, that on Friday, “Republican legislators from Ohio and Michigan … asked the Supreme Court to put lower-court rulings that found partisan gerrymandering in those states on hold while they appeal”; the legislators argue that the Supreme Court may decide this term in partisan-gerrymandering cases from North Carolina and Maryland “that partisan gerrymandering claims do not belong in court at all.” At Modern Democracy, Mic...
Tags: Maryland, Supreme Court, Law, Court, Cnn, New York Times, Ohio, Michigan, Npr, Louisiana, North Carolina, Donald Trump, The Washington Post, Paul Clement, Round-up, TVA

Expungement and Sealing: Will an Expunged Felony Show Up in a Federal Background Check

My question involves criminal records for the state of: Florida My non violent felony occurred and was later expunged in North Carolina. I live in Florida now and will soon have to fill out a form that will result in a background check with the feds, as part of my job. I answered no to the felony question when I was hired in 2017. I am fearful the feds did not expunge my record a few years ago, I recall reading articles online stating they do not have to follow state court orders to do this. ...
Tags: Florida, Law, North Carolina, Criminal Records

New Miss USA is a lawyer who blogs and seeks "reduced sentences for people who were sentenced unjustly"

I was intrigued to learned that I share some traits with the newly-crowed Miss USA, Cheslie Kryst. As detailed on this webpage, Kryst is a lawyer and a blogger and an advocate concerned with excessive sentences: Cheslie graduated with a Juris Doctor degree (JD) and Master of Business Administration degree (MBA) from Wake Forest University. And also earned her Bachelor of Science degree (BS) in Business Administration from the Honors College at the University of South Carolina. Cheslie is practi...
Tags: Florida, Kim Kardashian, Law, White House, Tennessee, Kim, North Carolina, Brittany, Trump, Stringer, Matthew Charles, Miss USA, Wake Forest University, Douglas A Berman, New Miss USA, Cyntoia Brown

Neighbor Destroyed Part of My Land

My question involves personal property located in the State of: North Carolina A developer recently bought land bordering my property and has been using a machine to clear land to build a subdivision. Because he failed to clearly mark his property boundaries (despite getting a survey), he clear cut a large swath of my land. I am wondering what my legal options are.
Tags: Law, North Carolina, Personal Property

Monday round-up

Briefly: Richard Wolf reports for USA Today on litigation in the Supreme Court over Trump administration initiatives, noting that since Justice Brett Kavanaugh’s “high-wire confirmation last fall, the justices have sought a lower profile, although not always with success.” At CNN, Joan Biskupic writes that several “formal ethics grievances filed against Kavanaugh” “have been appealed to a conduct committee of the US Judicial Conference, the top policy-making arm of the third branch.” At AP, Jes...
Tags: Maryland, Supreme Court, Law, Ap, Cnn, Usa Today, North Carolina, Trump, Round-up, Jess Bravin, Richard Wolf, Clarence Thomas, Kavanaugh, JESSICA GRESKO, Joan Biskupic, Brett Kavanaugh

Friday round-up

Briefly: At The Economist’s Democracy in America blog, Steven Mazie casts doubt on suggestions by Justices Neil Gorsuch and Brett Kavanaugh during oral argument in Rucho v. Common Cause, a partisan gerrymandering challenge to North Carolina’s congressional districts, that “the democratic process may spare the Supreme Court from stepping in.” At SCOTUS OA, Tonja Jacobi and Matthew Sag offer an initial big-picture analysis of all the oral arguments in the current term. At Law360 (subscription req...
Tags: Supreme Court, Law, America, United States, North Carolina, Economist, Round-up, Steven Mazie, Gundy, Brett Kavanaugh, Neil Gorsuch, Jimmy Hoover, Tonja Jacobi, Rucho, Matthew Sag

Vera Institute documents another drop in the US prison population in 2018

The Vera Institute of Justice today released titled simply "People in Prison in 2018."  Here is part of this document's summary: Effective advocacy and policy making require up-to-date information. V era Institute of Justice (Vera) researchers collected data on the number of people in state and federal prisons on December 31, 2018 to provide timely information on how prison incarceration is changing in the United States.  This report fills a gap until the Bureau of Justice Statistics (BJS) re...
Tags: Law, US, United States, Wyoming, North Carolina, Bureau Of Justice Statistics, Bureau of Justice Statistics BJS, Marshall Project, Vera, Vera Institute of Justice, Douglas A Berman, Indiana Texas, Vera Institute, Institute of Justice Vera, Missouri South Carolina New York, Jacob Kang Brown

"When in Rome... on Local Norms and Sentencing Decisions"

The title of this post is the title of this interesting new empirical paper now on SSRN authored by David Abrams, Roberto Galbiati, Emeric Henry and Arnaud Philippe. Here is its abstract: In this paper, we show that sentencing norms vary widely even across geographically close units.  By examining North Carolina's unique judicial rotation system, we show that judges arriving in a new court gradually converge to local sentencing norms.  We document factors that facilitate this convergence and sh...
Tags: Law, Rome, North Carolina, Douglas A Berman, David Abrams Roberto Galbiati Emeric Henry, Arnaud Philippe Here

Argument analysis: Court worries that state trust tax may tax trust income that is never distributed to in-state beneficiary

On Tuesday, the Supreme Court heard oral argument in North Carolina Department of Revenue v. Kimberley Rice Kaestner 1992 Family Trust. North Carolina hopes to convince the court that its method of taxing trusts, with jurisdiction based on an in-state beneficiary, passes constitutional muster. The court greeted the state’s arguments with significant skepticism. As a quick recap, North Carolina’s Department of Revenue is defending tax liability imposed on income earned by the Kimberley Rice Kaest...
Tags: New York, Featured, Supreme Court, Law, Virginia, South Dakota, Norfolk, North Carolina, Sonia Sotomayor, John Roberts, Wayfair, Brooke, Sotomayor, Stephen Breyer, Breyer, Elena Kagan

Thursday round-up

Amy Howe reports for this blog, in a post that first appeared at Howe on the Court, that yesterday a Louisiana abortion clinic filed a cert petition asking the Supreme Court to strike down a state law requiring abortion providers to have admitting privileges at nearby hospitals; the justices had put the law on hold in February, in June Medical Services v. Gee. At AP, Mark Sherman reports that “[i]f the justices agree to hear the Louisiana case, as seems likely, it could lead to a decision on the...
Tags: Supreme Court, Law, California, Court, Ap, Cnn, United States, Davis, Louisiana, North Carolina, Law360, Courthouse News Service, Newton, Trump, Round-up, Mark Sherman

Talent and Total Force

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Tags: Hollywood, Washington, Uncategorized, Disney, Stem, America, Department Of Defense, History, People, Military, South Dakota, Nevada, Air Force, North Carolina, Brie Larson, Carol Danvers

Public health startup Cityblock raises $65M Series B

Redpoint Ventures has led a $65 million Series B in Cityblock, a healthcare company focused on providing improved care to low-income neighborhoods. The business launched roughly 18 months ago out of Alphabet’s Sidewalk Labs, an urban innovation incubator known for projects like mobility data startup Coord, which itself raised a $5 million round in October. “We’re a tech-enabled services company focused on caring for a population that has been traditionally overlooked by the innovation commun...
Tags: Health, Startups, New York, Articles, Insurance, Tech, Connecticut, Healthcare, Venture Capital, Health Care, North Carolina, East Coast, Thrive Capital, Redpoint Ventures, Sidewalk Labs, Brooklyn New York

Argument preview: Justices consider whether beneficiary’s residence is sufficient for state to assert tax jurisdiction over trust income

Last term, the Supreme Court’s South Dakota v. Wayfair decision upended the court’s dormant commerce clause protection of e-commerce. Prior to Wayfair, the Supreme Court had held that the dormant commerce clause – the court’s interpretation of the Commerce Clause as authority for it to bar state taxes that burden interstate commerce — prohibited states from imposing sales-tax obligations on businesses that weren’t physically present in the state. This bright-line physical presence rule was muc...
Tags: Amazon, New York, Featured, Supreme Court, Law, South Dakota, Connecticut, North Carolina, Wayfair, Quill Corp, Merits Cases, North Carolina Department of Revenue, North Dakota The Supreme Court, Kimberley Rice Kaestner, Supreme Court 's South Dakota, Wayfair the Supreme Court

"When 'Violent Offenders' Commit Nonviolent Crimes"

The title of this post is the title of this interesting recent Marshall Project piece. I recommend it in full, and here are excerpts: [M]any of the “violent offenders” in U.S. prisons are there for crimes that not everyone would classify as violent.  According to a Marshall Project survey of all 50 states’ laws, you can get charged and convicted as a violent criminal in more than a dozen states if you enter a dwelling that’s not yours.  That might seem like a property crime, but it’s often deem...
Tags: New York, Minnesota, Law, Kentucky, North Carolina, Marshall Project, California State University Fullerton, Douglas A Berman, Kopp, Phillip Kopp

Cross Motions on Coverage for Collapse Denied

   Cross-motions for summary judgment designed to determine coverage for the Church’s collapse claim were both denied. Bethel Missionary Baptist Church v. S. Must. Church Ins. Co ., 2019 U. S. Dist. LEXIS 24705 (W. D. N. C. Feb. 15, 2019).     The Church sought summary judgment on its claim for bad faith, arguing that the insurer denied the claim without knowing North Carolina law on court concurrent causation or partial collapse. The Church claimed that the insurer denied the claim without fol...
Tags: Church, Insurance, Collapse, North Carolina, Tred Eyerly, First Party Insurance, Bad Faith, Bethel Missionary Baptist Church, S Must Church Ins

Popular Progressive Talking Point: Background Checks For Ammunition Purchases

From a reader, news from Virginia. On March 9, a surveillance camera captured four people walking into a gun store and buying bullets. Though one of the men in the group was ineligible to buy a gun — and had been previously convicted of making a false statement on a firearm consent form — he made the purchase without a hitch. Police took the video footage from the gun store in the course of investigating a homicide, according to search warrants filed in Danville Circuit Court. Day...
Tags: Washington, Virginia, Fbi, Military, Gun Control, North Carolina, Richmond, Buick, Northern Virginia, Virginia State Police, Corinne Geller, Lori Haas, Mecklenburg, Ammunition, AWB, Danville Circuit Court Days

Federal judge says a public charter school violated Equal Protection by requiring girls (and not boys) to wear skirts.

WaPo reports.Baker Mitchell, founder of the Roger Bacon Academy, which runs Charter Day School [in North Carolina]... explained in an email that the dress code, along with other policies, were meant to “preserve chivalry and respect among young women and men.” He cited societal concerns such as “teen pregnancies” and “casual sex” for the need to create a learning environment that “embodied traditional values.”...According to the decision, the skirt requirement forced girls to “pay constant atten...
Tags: Fashion, Law, Etiquette, North Carolina, Howard, WaPo, Ann Althouse, Young Althouse, Equal Protection Clause, Sex And Education, Trump's Access Hollywood remarks, Baker Mitchell, Roger Bacon Academy, Malcolm Howard -RSB

Wednesday round-up

Today the justices wrap up their March argument sitting with one oral argument, in Kisor v. Wilkie, in which they will reconsider precedents that require courts to defer to a federal agency’s reasonable interpretation of its own regulations. Amy Howe previewed the case for this blog. Benjamin Rodd and Julia Hollreiser have a preview for Cornell Law School’s Legal Information Institute, and Subscript Law offers a graphic explainer for the case. Yesterday the court heard oral arguments in two pa...
Tags: Maryland, Supreme Court, Law, Court, Los Angeles, Cnn, Atlantic, Gop, Alaska, Federal Communications Commission, Louisiana, North Carolina, Frost, Sturgeon, National Park Service, Round-up

False Light: Suing for Lying to Police - My Mother

My question involves labor and employment law for the state of: CALIFORNIA I am curious about suing my parent. Specifically for continually asking/telling me to move from North Carolina to California in order to take over the family business as she wanted to retire, and promising a monthly income of 3,000.00 a month which she never intended to pay. When I agreed to move and did so, she never paid me and ended up kicking me out for trying to put our agreement in contract form. After leaving back...
Tags: Law, California, North Carolina, Defamation, Slander And Libel

Suing for Non Compliance of Employer - My Mother

My question involves labor and employment law for the state of: CALIFORNIA I am curious about suing my parent. Specifically for continually asking/telling me to move from North Carolina to California in order to take over the family business as she wanted to retire, and promising a monthly income of 3,000.00 a month which she never intended to pay. When I agreed to move and did so, she never paid me and ended up kicking me out for trying to put our agreement in contract form. After leaving back...
Tags: Law, California, North Carolina, Employment and Labor

Payment Disputes: Suing for Non Compliance of Employer - My Mother

My question involves labor and employment law for the state of: CALIFORNIA I am curious about suing my parent. Specifically for continually asking/telling me to move from North Carolina to California in order to take over the family business as she wanted to retire, and promising a monthly income of 3,000.00 a month which she never intended to pay. When I agreed to move and did so, she never paid me and ended up kicking me out for trying to put our agreement in contract form. After leaving back...
Tags: Law, California, North Carolina, Independent Contractors

Afternoon round-up: Today’s oral argument in partisan gerrymandering cases

Today the Supreme Court heard oral argument in two cases, Lamone v. Benisek and Rucho v. Common Cause, which challenge the constitutionality of election maps in Maryland and North Carolina, respectively. The justices are being asked whether the states went too far in favoring one political party over the other when drawing their election maps. Amy Howe has this blog’s analysis, which was first published at Howe on the Court. She writes that after two hours of argument, “there were clear divides ...
Tags: Post, Maryland, Supreme Court, Law, Bloomberg, New York Times, Fox News, Associated Press, Arnold Schwarzenegger, Usa Today, North Carolina, The Washington Post, Los Angeles Times, Round-up, Reuters, Mark Sherman

Argument analysis: Justices divided and hard to read on partisan gerrymandering

Today the Supreme Court heard oral argument in a pair of cases that could prove to be among the most consequential of the term. The cases involve allegations that state officials engaged in unconstitutional partisan gerrymandering – that is, they went too far in taking politics into account – when they drew election maps in North Carolina and Maryland. After over two hours of debate this morning, there were clear divides among some of the justices, but it was much less clear how the court is lik...
Tags: Featured, Maryland, Supreme Court, Law, Congress, Court, Pennsylvania, Wisconsin, Republican, North Carolina, Paul Clement, Steven, John Roberts, Roberts, Howe, Sullivan

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