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   State Courts - North Carolina - March 20, 2007

  
State v. Potts, NO. COA06-811, COURT OF APPEALS OF NORTH CAROLINA, March 20, 2007, Filed
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State v. Reber, NO. COA06-594, COURT OF APPEALS OF NORTH CAROLINA, March 20, 2007, Filed
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Overview: Because indictments alleged dates during year defendant was 16 years old, trial court properly instructed jury it needed to find, beyond reasonable doubt, defendant committed acts, if at all, when he was at least 16. Right to unanimous verdicts was not denied where incidents were clearly separate and no other specific incidents fit into time frame.

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State v. Richardson, NO. COA06-673, COURT OF APPEALS OF NORTH CAROLINA, March 20, 2007, Filed
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State v. Robinson, NO. COA06-722, COURT OF APPEALS OF NORTH CAROLINA, March 20, 2007, Filed
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State v. Tucker, NO. COA06-605, COURT OF APPEALS OF NORTH CAROLINA, March 20, 2007, Filed
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State v. Walters, NO. COA06-917, COURT OF APPEALS OF NORTH CAROLINA, March 20, 2007, Filed
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Overview: Defendant was deprived of constitutional right where defendant was not allowed to represent himself despite fact that record showed he was competent, understood, and voluntarily exercised free will, trial court clearly expressed opinion it would be mistake for defendant to represent himself and warned defendant he would have to "play by the rules."

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Watts v. N.C. Dep't of Env't & Natural Res., NO. COA06-299, COURT OF APPEALS OF NORTH CAROLINA, March 20, 2007, Filed
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Overview: Denial of motion to dismiss was affirmed as special duty exception to public duty doctrine applied as North Carolina Department of Environment and Natural Resources (NCDENR) issued owner improvement permit warranting that he could construct home on property, owner relied on permit, and NCDENR revoked permit, causing owner additional expenses.

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Webb v. Hardy, NO. COA06-907, COURT OF APPEALS OF NORTH CAROLINA, March 20, 2007, Filed
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Overview: Grant of summary judgment to a doctor in a patient's negligence action was affirmed because the continuing course of treatment doctrine was inapplicable as there was no competent evidence to suggest that the patient's severed nerve could be restored or repaired. Thus, applying N.C. Gen. Stat. §§ 1-52(16) and 1-15(c), the claim was time-barred.

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