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   State Courts - North Carolina - February 6, 2007

  
McDaniel v. Cont'l Tire, NO. COA06-448, COURT OF APPEALS OF NORTH CAROLINA, February 6, 2007, Filed
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Mitchell v. Mitchell, NO. COA06-147, COURT OF APPEALS OF NORTH CAROLINA, February 6, 2007, Filed
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Moore v. Covenant Transp., Inc., NO. COA06-226, COURT OF APPEALS OF NORTH CAROLINA, February 6, 2007, Filed
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Morris v. Gray, NO. COA06-234, COURT OF APPEALS OF NORTH CAROLINA, February 6, 2007, Filed
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Overview: Appellate court was unable to say that trial judge engaged in competent inquiry in deciding to modify an earlier QDRO entered by different judge. There was no evidence before appellate court of a "material change in circumstances" that would have warranted exception of one trial judge's modifying, overruling, or changing the order of another.

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Smith v. Harris, NO. COA06-688, COURT OF APPEALS OF NORTH CAROLINA, February 6, 2007, Filed
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Overview: Trial court erred in confirming an arbitration award granting a highway patrolman underinsured motorist benefits from an insurance company, because the causal connection between the patrolman's broken ankle suffered while chasing a suspect on foot and the use of the suspect's underinsured vehicle was too tenuous.

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State v. Albrittain, NO. COA06-640, COURT OF APPEALS OF NORTH CAROLINA, February 6, 2007, Filed
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State v. Anderson, NO. COA06-570, COURT OF APPEALS OF NORTH CAROLINA, February 6, 2007, Filed
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State v. Artis, NO. COA06-443, COURT OF APPEALS OF NORTH CAROLINA, February 6, 2007, Filed
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Overview: Claim that Apprendi and Blakely made recidivist offenses from sentence-enhancing statutes into solely substantive criminal offenses and, thus, sentencing for either habitual misdemeanor assault or as habitual felon violated Double Jeopardy Clause was rejected; Apprendi and Blakely involved Sixth Amendment not Fifth Amendment Double Jeopardy claim.

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State v. Bingham, NO. COA06-872, COURT OF APPEALS OF NORTH CAROLINA, February 6, 2007, Filed
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State v. Booth, NO. COA06-712, COURT OF APPEALS OF NORTH CAROLINA, February 6, 2007, Filed
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