Today's Court of Appeals Decisions
Today the NC Court of Appeals released 15 published decisions. Half the cases (eight) are criminal or domestic cases. More on today's cases later.
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1 Comments:
Did anyone else read the state bar case from last Tuesday? For one thing, it named two additional factors that can be considered in the Dogwood Test (in addition to the three set forth in the Dogwood opinion). It also clarified the COA's recent holding in Lawrence v Sullivan, regarding Rule 7 violations. That's not what really struck me though.
What's really impressive (or rather unimpressive) is the total number of professional mistakes by so many of the attorneys involved in that case. The obvious was the violations of the Rules of Professional Conduct by the defendant which were affirmed (all but one). Then, there's the defendant's attorney. First he left on vacation without making prearrangements with, well, anyone. Then, to cure the issues that led to, he brought a Rule 60(b) motion before the wrong court (he had already filed notice of appeal, absolving the lower court of jurisdiction). The most ironic has to be the appellate attorney(s)--for the STATE BAR--who turned in an appellate brief that failed to address one of the defendant's arguments on appeal. That, of course, ended up being the argument accepted by the COA. Perhaps the DHC ought to be included on the list of offenders as well (since I assume there is more than one attorney on the Disciplinary Commission). They dismissed the defendant's original appeal on the same grounds the COA had already rejected as a valid basis for dismissal (in the Lawrence case).
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