Clifton E. Johnson

The case involved Chris Morse, who was convicted under N.C.G.S. § 14-202.3 of knowingly soliciting a person he believed to be a child by computer with intent to commit an unlawful sex act after he entered an online chat room, engaged in explicit conversations with an undercover officer posing as a 14-year-old girl, and arranged to meet her for sexual activity. Morse appealed, claiming the trial court erred by refusing to instruct the jury on the defense of entrapment. The Court of Appeals affirmed the conviction, holding that the evidence showed no credible basis for an entrapment instruction because the criminal design originated with the defendant rather than law enforcement. The court reasoned that Morse initiated all sexually charged exchanges, formulated the meeting plan, and pursued it with little urging from the undercover operatives, demonstrating his predisposition to commit the offense.

criminal law

This case involved a plaintiff seeking damages for injuries allegedly caused by the defendant's negligence in a personal injury action. The trial court granted the defendant's motion for a directed verdict at the close of evidence. The plaintiff appealed, but the Court of Appeals dismissed the appeal because the record contained no written judgment signed by the judge and filed with the clerk. The court explained that under the version of North Carolina Rule of Civil Procedure 58 applicable to judgments on or after October 1, 1994, an oral ruling announced in open court is merely the rendering of judgment and does not constitute entry of judgment, which is required to vest the appellate court with jurisdiction.

proceduretorts & liability

In Tataragasi v. Tataragasi, a North Carolina court addressed child custody jurisdiction in a divorce case involving an American wife and her Turkish husband. The wife fled to North Carolina with the children in 1991 after alleging years of physical and sexual abuse by the husband, and she obtained emergency custody orders there. The husband later obtained a divorce and custody decree in Turkey. The North Carolina Court of Appeals affirmed that the trial court had jurisdiction under the Uniform Child Custody Jurisdiction Act, finding North Carolina to be the children's home state, that it served the children's best interests, and that an emergency existed due to the history of abuse, while noting the Turkish proceedings did not conform to UCCJA standards.

family lawprocedure

Starco, Inc. sued AMG Bonding & Insurance Services, Inc., an Arizona corporation, and Dale Clark in North Carolina Superior Court for breach of contract and negligence arising from bid bonds. AMG moved to dismiss for lack of personal jurisdiction under Rule 12(b)(2), arguing it had no contacts with North Carolina. The trial court denied the motion after finding AMG had solicited business from a North Carolina resident, issued bonds connected to North Carolina projects, and thereby established minimum contacts. On appeal, the court affirmed, holding that AMG purposefully availed itself of North Carolina law by directly soliciting the business and engaging in transactions tied to the state, satisfying due process requirements for jurisdiction.

procedure

In State v. Rogers, the defendant was charged with driving while impaired after being stopped by a trooper directing traffic during a hostage situation; he had stopped his car in the intersection instead of turning as directed, leading to an odor of alcohol being detected, an Alco-sensor test, and his arrest. After pleading guilty in district court and appealing for a de novo trial, he moved to suppress the evidence on grounds of an illegal seizure without reasonable suspicion and an arrest without probable cause, and later sought dismissal on double jeopardy grounds due to a prior license revocation. The trial court denied both motions, the jury convicted him based on an alcohol concentration over the limit, and he was sentenced to probation. On appeal, the court affirmed, holding that the trooper's observations provided reasonable suspicion for the stop and probable cause for the arrest despite only one Alco-sensor test being administered, and that double jeopardy did not bar the prosecution under precedent. The decision rested on Fourth Amendment standards applied to the totality of circumstances and North Carolina statutes governing DWI procedures.

criminal lawprocedure

The case involved an employee at a poultry plant operated by House of Raeford Farms who was injured in a slip-and-fall accident, terminated after her absence, and filed a complaint with the North Carolina Department of Labor alleging retaliation in violation of the Retaliatory Employment Discrimination Act (REDA). The trial court granted summary judgment to the employer and dismissed the Commissioner's civil action, finding that the investigation and determination of merit had not occurred within the 90-day period required by N.C. Gen. Stat. § 95-242(a). The Court of Appeals reversed, holding that the statutory deadline is directory rather than jurisdictional because the provision does not specify any consequence for missing the deadline and the legislative history shows an intent to enable employees to report workplace violations without fear of reprisal. The court concluded there were genuine issues of material fact and remanded for further proceedings.

labor & employmentprocedure