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   State Courts - North Carolina - April 18, 2006

  
State v. Vereen, NO. COA05-255, COURT OF APPEALS OF NORTH CAROLINA, April 18, 2006, Filed
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Overview: By immediately proceeding to trial on appeal de novo from district court, a superior court violated N.C. Gen. Stat. § 15A-943(b), which defendant adequately invoked, where defendant sought continuance to obtain evidence for trial. There was no indictment, so there was no 21-day period from which he needed to file written request for arraignment.

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State v. Walker, NO. COA05-1100, COURT OF APPEALS OF NORTH CAROLINA, April 18, 2006, Filed
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Stephenson v. Bartlett, NO. COA05-793, COURT OF APPEALS OF NORTH CAROLINA, April 18, 2006, Filed
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Overview: Denial of attorneys' fees under N.C. Gen. Stat. § 6-19.1 (2005) and 42 U.S.C.S. § 1988 was proper as in absence of statutory authority, attorneys' fees were not allowable as part of court costs in civil actions. Bailey was distinguishable as attorneys' fees were paid from recovery. Plaintiffs sought to shift burden of attorney fees to State.

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Taylor v. Henderson County Pub. Library, NO. COA05-536, COURT OF APPEALS OF NORTH CAROLINA, April 18, 2006, Filed
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Teague v. N.C. DOT, NO. COA05-522, COURT OF APPEALS OF NORTH CAROLINA, April 18, 2006, Filed
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Overview: ALJ's decision became the final decision of Commission by operation of law where Commission was evenly divided and its memorandum did not recite findings of fact or conclusions of law as required by N.C. Gen. Stat. § 150B-36(b) (2005), so Commission failed to make final decision within time set forth in N.C. Gen. Stat. § 150B-44 (2005).

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Walker v. Walker, NO. COA05-995, COURT OF APPEALS OF NORTH CAROLINA, April 18, 2006, Filed
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Weinbrenner Shoe Co. v. Gillis, NO. COA05-855, COURT OF APPEALS OF NORTH CAROLINA, April 18, 2006, Filed
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Wright v. Smith, NO. COA05-775, COURT OF APPEALS OF NORTH CAROLINA, April 18, 2006, Filed
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