RALEIGH — At a Wednesday forum for candidates seeking four seats on the N.C. Supreme Court, the big surprise was who didn’t show: Superior Court Judge Ola Lewis, a Republican who’s challenging fellow GOP Chief Justice Mark Martin for the top seat on the court. Meantime, Martin and the candidates for three associate justice positions used the forum as an opportunity to distinguish themselves from their opponents.
RALEIGH – As the ink begins to dry on vote totals from Tuesday’s North Carolina primary, political observers in the Tar Heel state are preparing for what should be one of the most-watched races in the country: the U.S. Senate contest between incumbent Democratic Sen. Kay Hagan, Republican state House Speaker Thom Tillis, and Libertarian candidate Sean Haugh, who won their respective primaries.
RALEIGH — In a state primary race with national implications, House Speaker Thom Tillis, R-Mecklenburg, defeated seven other candidates and won the Republican nomination for the U.S. Senate seat held by freshman Democrat Kay Hagan. Supreme Court Justice Robin Hudson, a Democrat, was able to survive a challenge from Republicans Eric Levinson and Jeanette Doran and will face Levinson in the general election.
RALEIGH — Today, Carolina Journal Radio’s Mitch Kokai talks with former N.C. Court of Appeals Judge Eric Levinson, who resigned his seat earlier this year to take a job with the U.S. Justice Department helping establish the legal/justice system in Iraq. This interview took place before Levinson left for Iraq. (Go to http://www.carolinajournal.com/cjradio/ to find a station near you or to learn about the weekly CJ Radio podcast.)
RALEIGH — Some Republican candidates nationally are running away from their party and President Bush's low approval ratings, but in North Carolina judges who are Republicans are mostly embracing their political party affiliation — even though they don't have to.
RALEIGH — Among the core rights guaranteed by the Constitution is the right to trial by jury. The exact definition of this right has been the focus of much recent litigation. The most recent case to reach the N.C. Court of Appeals hinges on whether judges or juries must decide for sentencing purposes what North Carolina crimes defendants’ out-of-state convictions are similar to. Related NC Courts & Justice Articles: Court hears appeal on red-light cameras
RALEIGH — The N.C. Court of Appeals has upheld a lower-court ruling that a payday lender’s attempt to pass itself off as an Internet service provider is a violation of the state’s usury and banking laws.
RALEIGH — The N.C. Court of Appeals has clarified the conditions under which a local government can be sued. The ruling comes in the case of a Greensboro man who was injured while being transported in the back of a police car. In December 1994, Officer T. H. Branson of the Greensboro Police Department was transporting John Clayton from Clayton’s house to the city magistrate’s office. Clayton was not wearing a seat belt when Branson maneuvered the car aggressively to avoid a collision while driving well over the posted speed limit. Clayton hit the metal screen and was injured. He subsequently had three back operations and continues to suffer significant back pain.
RALEIGH — In recent years, local governments in North Carolina have increasingly used nonprofit organizations established at their behest to do things that local government has traditionally done. One question that comes with this is to what degree the nonprofits are subject to the state’s public records and open-meeting laws. The answer, according to the N.C. Court of Appeals, is the laws may not apply. “Our Public Record Laws are only applicable to government agencies,” Judge Eric Levinson wrote for the court. The case could have broad implications for public access to information.
RALEIGH — In late June, the N.C. Supreme Court issued a significant new ruling that clarifies the requirements for annexation under state law. In doing so, the high court overturned a decision last year by the Court of Appeals that made it easier for cities to annex “non-urban” areas. “Involuntary annexation is by its nature a harsh exercise of governmental power affecting private property and so is properly restrained and balanced by legislative policy and mandated standards and procedure” Chief Justice I. Beverly Lake, Jr. wrote for the high court. In a separate case, the court upheld a lower-court ruling blocking a huge proposed annexation in Fayetteville.
RALEIGH — The North Carolina Court of Appeals has overturned a ruling absolving the N.C. Department of Transportation of liability in the deaths of two women in a car crash on Interstate 85. The women’s estates had contended that the NCDOT should be held liable for not installing median barriers on I-85, something the agency did do, after four years of inaction, in response to the accident. In returning the case to the N.C. Industrial Commission for reconsideration, the appeals court required that it consider the risk of injury against cost and budget considerations to determine whether the NCDOT's actions were negligent.
