North Carolina Lawyers Weekly articles from March 2003

North Carolina Lawyers Weekly archives from March 2003

N.C. Lawyers In The News: March 3, 2003.
March 3, 2003... Byline: North Carolina Lawyers Weekly Staff Martha Sewell and Alan McInnes have been admitted to the partnership in Kilpatrick Stockton's Raleigh office. Sewell is in the firm's employee benefits group where she concentrates in welfare and...

Wake Forest University in Winston-Salem Professor Named Dean At Rhode Island Law School.(Brief article)
March 3, 2003... Byline: North Carolina Lawyers Weekly Staff Wake Forest University School of Law Prof. David A. Logan has been appointed Dean of the Roger Williams University School of Law effective June 1, 2003. He will also become a professor at the...

Troutman Saunders Opens N.C. Branch.(Brief article)
March 3, 2003... Byline: North Carolina Lawyers Weekly Staff Ashley H. Story has left the Raleigh firm of Smith Debnam Narron Wyche Story & Myers to open the new North Carolina offices of Troutman Sanders, where he is a partner. Story is leading the...

Bill In N.C. Would Limit Judges' Discretion In Awarding Costs.
March 3, 2003... Byline: Ertel Berry Trial judges' discretion to award court costs for certain types of expenses -- including trial exhibits, deposition charges and travel to and from hearings -- would be eliminated by a bill in the General Assembly. ...

U.S. Western District Rules Skier Could Bring 'Piercing' Claim After Rule 41 Dismissal.
March 3, 2003... Byline: Michael Dayton A skier injured at Sugar Mountain Ski Resort could add piercing the corporate veil as a claim when he refiled his case after a Rule 41 dismissal, a U.S. Western District judge has ruled. In a first-impression...

N.C. Appeals Court Rules Homeowner To Recover For Runoff From Common Area.
March 3, 2003... Byline: Ertel Berry A Forsyth subdivision association must pay $2,480 in trespass and nuisance damages to a homeowner whose basement was flooded by runoff from common areas, the Appeals Court has ruled. The association not only failed...

Bankruptcy Expert: Debtors Should Keep Up Car Leases Before Bankruptcy.
March 3, 2003... Byline: Ertel Berry Debtors considering Chapter 13 bankruptcy should keep car lease payments up to date -- or get them current -- before filing the petition, says one bankruptcy expert. That strategy could help debtors work out viable...

Attorney Mosley G. Boyette Jr. of Carthage, 62, dies.(Obituary)(Brief article)
March 3, 2003... Byline: North Carolina Lawyers Weekly Staff Mosley G. Boyette Jr. of Carthage, 62, died Jan 26. After graduating from law School at the University of North Carolina, Boyette joined his father's Carthage practice. He practiced law until...

N.C. Court of Appeals Case Summaries: March 3, 2003.(Brief article)
March 3, 2003... Byline: North Carolina Lawyers Weekly Staff Criminal Practice Search & Seizure - Cocaine Rocks - Miranda - Inevitable Discovery Even though the officer did not inform the defendant of his Miranda rights before asking whether the...

NC Court of Appeals Unpublished Case Summaries: March 3, 2003.
March 3, 2003... Byline: North Carolina Lawyers Weekly Staff Contract Agency - Boatyard Manager - Repair & Supply Agreements Where there was evidence that John Schlegel was acting as defendant Rapscallion Marine, Inc.'s agent when he entered into...

U.S. Bankruptcy Court Case Summaries: March 3, 2003.(Brief article)
March 3, 2003... Byline: North Carolina Lawyers Weekly Staff Bankruptcy Chapter 13 - Car Lease - Household Purposes - Pass Through - Assumption or Rejection Not Required Where the debtors are current and have always been current on their car...

U.S. Court of Appeals 4th Circuit Case Summaries: March 3, 2003.
March 3, 2003... Byline: North Carolina Lawyers Weekly Staff Bankruptcy Delay Damages - N.Y. Law Where (1) a New York property owner contracted to buy 1000 manufactured housing units from debtor; (2) debtor hired a subcontractor to transport,...

U.S. District Court Eastern Case Summaries: March 3, 2003.
March 3, 2003... Byline: North Carolina Lawyers Weekly Staff Civil Practice Discovery - Personal Jurisdiction - Interrogatories - N.C. Contacts Even though the defendant owned all of the stock of a company doing business in N.C., since the...

U.S. District Court Middle Case Summaries: March 3, 2003.
March 3, 2003... Byline: North Carolina Lawyers Weekly Staff Civil Practice Venue - Contract - Forum Selection Clause - Removal - Transfer Where the parties' contract contained a clause naming Atlanta, Georgia as the venue for contract disputes,...

U.S. District Court Western District Case Summaries: March 3, 2003.
March 3, 2003... Byline: North Carolina Lawyers Weekly Staff Corporate Piercing the Veil - Civil Practice - Rule 41 - Voluntary Dismissal - Statute of Limitations - Added Claim - Derivative - Uniform Fraudulent Transfer Act Where piercing the...

N.C. Lawyers In The News: March 10, 2003.
March 10, 2003... Byline: North Carolina Lawyers Weekly Staff Deborah L. McKenney has become a member of Blanco Tackabery Combs & Matamoros in Winston-Salem. With the firm since 1997, she practices in the business transactions area, including commercial real...

State Of Profession Survey Respondents In N.C. Still Sought.(Brief article)
March 10, 2003... Byline: North Carolina Lawyers Weekly Staff The Chief Justice's Commission on Professionalism is still seeking respondents for its survey on the state of the profession and quality of life. Lawyers who have not yet participated in the...

Failure To Get Stucco Inspection Barred Claim Against Builder By N.C. Court of Appeals.
March 10, 2003... Byline: Ertel Berry A Cary couple who failed to inspect a townhome's synthetic stucco -- even though the seller disclosed its presence before closing -- could not bring negligence claims against the builders that applied the product, the...

N.C. Supreme Court Rules Sloppy Bookkeeping Not Grounds For Disbarment.
March 10, 2003... Byline: Michael Dayton Even though a Charlotte lawyer did not keep a ledger book and mixed his personal money with client funds, the State Bar's disciplinary board overstepped its authority by disbarring him, the state Supreme Court has...

Attorney Joseph Bourke Bilisoly of Wendell dies at 95.(Obituary)
March 10, 2003... Byline: North Carolina Lawyers Weekly Staff Joseph Bourke Bilisoly of Wendell died Feb. 26 at age 95. Born in Portsmouth, Va. his family moved to Raleigh when he was three. After attending N.C. State, he became a proofreader at the...

N.C. Court of Appeals Case Summaries: March 10, 2003.
March 10, 2003... Byline: North Carolina Lawyers Weekly Staff Civil Practice Bankruptcy Order - Collateral Attack - Extrinsic Fraud - Commercial - Security Interest - Drill Rig Engine Where the plaintiff had a security interest in the drill rig...

N.C. Supreme Court Case Summaries: March 10, 2003.
March 10, 2003... Byline: North Carolina Lawyers Weekly Staff Attorneys Misconduct - Sanctions - Disbarment - Overly Severe - Significance of Threat of Harm Even though the defendant-attorney's lax bookkeeping and commingling of client and attorney...

4th Circuit Court Case Summaries: March 10, 2003.
March 10, 2003... Byline: North Carolina Lawyers Weekly Staff Criminal Practice Travel Document Fraud - Polygraph Evidence - Religious Persecution At defendant's trial for travel document fraud, for entering the U.S. from Nigeria with a phony visa,...

U.S. District Court Middle District Case Summaries: March 10, 2003.
March 10, 2003... Byline: North Carolina Lawyers Weekly Staff Federal Jurisdiction - Abstention Motion - Parallel Tennessee Action - Breach of Contract - Guaranty Even though this case parallels one in Tennessee state court, since there are no...

Henderson County School Board Settles Molestation Case For $1.78 Million.(Brief article)
March 10, 2003... Byline: North Carolina Lawyers Weekly Staff The Henderson County School Board has agreed to pay $1.78 million to the families of 17 children who were alleged victims of sexual molestation by a former teaching assistant. In a statement...

Custody, Slip-And-Fall Appeals To Be Heard This Week In N.C. Supreme Court.
March 10, 2003... Byline: Ertel Berry The Supreme Court will hear arguments today whether a common-law custody presumption in favor of mothers puts dads on unequal footing when children are born out of wedlock. That case is one of several important...

N.C. Supreme Court To Review Woodson Ruling.
March 10, 2003... Byline: Ertel Berry The Supreme Court has agreed to decide whether the estate of a garbage worker who was crushed by a dumpster can go to trial on Woodson claims against the town of Scotland Neck. The justices' decision to review that...

N.C. Lawyers In The News: March 17, 2003.
March 17, 2003... Byline: North Carolina Lawyers Weekly Staff Marvin L. "Bart" Bartlett has joined Moore & Van Allen's Charlotte office in an of counsel capacity. He practices in the business law division. David Duffus, managing partner of the...

U.S. Eastern District Rules Drunk Driving Victim Gets Trial On 'Social Host' Claim.
March 17, 2003... Byline: Ertel Berry A Nags Head shopping center landlord must face trial on claims he negligently served liquor to a tenant shortly before she caused a drunk driving accident, a federal judge has ruled. Under North Carolina law, a host...

Service On City, State Agency Trips Up Two Plaintiffs In N.C.
March 17, 2003... Byline: Michael Dayton The perils of serving complaints on cities and state agencies are highlighted in two recent opinions. The cases serve as a warning to lawyers when they sue towns, counties or the various departments of state...

Verdicts & Settlements March 17, 2003: Trucker Wins Comp Benefits For Heart Bypass After Wreck.
March 17, 2003... Byline: Ertel Berry Where a trucker needed surgery for a job accident -- and had a heart attack on the operating table -- his quadruple bypass and cardiac care were covered by worker's comp, the Appeals Court has held. That was so, the...

Attorney Christopher Lynn Byerly of Fairmont dies at 56.(Obituary)
March 17, 2003... Byline: North Carolina Lawyers Weekly Staff Christopher Lynn Byerly of Fairmont died Feb 12. He was 56 years of age. He practiced law in Moore, Cumberland and Robeson counties, and was past-president of the Robeson County Bar...

N.C. Court of Appeals Case Summaries: March 17, 2003.
March 17, 2003... Byline: North Carolina Lawyers Weekly Staff Tort/Negligence Real Property - Nuisance & Trespass - Water Flow Even though, by the time the plaintiff bought the townhouse, the defendant- homeowners' association had already made the...

N.C. Industrial Comm. Case Summaries: March 17, 2003.
March 17, 2003... Byline: North Carolina Lawyers Weekly Staff Workers Compensation Subject Matter Jurisdiction - Competency - Untimely Claim - No Tolling Even though the plaintiff has been found to be educably mentally retarded, since at the time...

NC Court of Appeals Unpublished Case Summaries: March 17, 2003.
March 17, 2003... Byline: North Carolina Lawyers Weekly Staff Civil Practice Service of Process - Municipal - City Manager's Receptionist - Motion for Additional Time Where the summons and order extending time to file a complaint were addressed to...

4th Circuit Case Summaries: March 17, 2003.
March 17, 2003... Byline: North Carolina Lawyers Weekly Staff Bankruptcy Attorneys - Tort/Negligence - Legal Malpractice Claim - Jurisdiction A district court properly exercised bankruptcy jurisdiction over debtor's legal malpractice claim against...

U.S. District Court Eastern Case Summaries: March 17, 2003.
March 17, 2003... Byline: North Carolina Lawyers Weekly Staff Civil Practice Service of Process - State Agency - Process Agent - Attorney General & CEO Even though the plaintiff served the chief executive officer of the defendant- agency with...

U.S. District Court Middle Case Summaries: March 17, 2003.
March 17, 2003... Byline: North Carolina Lawyers Weekly Staff Contract Guaranty - Texas Law - Open Account - Consignment Arrangement - Waiver of Defenses Even though the manufacturer merged with another company and changed its name, and even though...

U.S. District Court Western District Case Summaries: March 17, 2003.
March 17, 2003... Byline: North Carolina Lawyers Weekly Staff Arbitration Contract - Release - Labor & Employment Where, in submitting his dispute with the defendant-employer to arbitration, the plaintiff signed an agreement waiving any claim...

N.C. Supreme Court Approves Revised Ethics Rules.
March 17, 2003... Byline: Michael Dayton The state Supreme Court has approved a rewrite of the ethics rules -- and lawyers should take steps to make sure they comply with several key changes, says one Bar official. "There are two affirmative duties...

N.C. Industrial Commission Rules Competency Evidence Did Not Excuse Delayed Filing.
March 17, 2003... Byline: Ertel Berry Even though a certified nurse's aide couldn't read, write or do arithmetic -- and had been assessed as "educable retarded" in high school -- that didn't excuse her from meeting the two-year deadline for filing comp...

N.C. Lawyers In The News: March 24, 2003.
March 24, 2003... Byline: North Carolina Lawyers Weekly Staff Anne Howard Shelburne has joined the Winston-Salem firm of Bell, Davis & Pitt, where she will concentrate in commercial real estate. A 1984 University of Louisville law graduate, she was an...

Nursing Home Claims Fuel Six Settlements.
March 24, 2003... Byline: Ertel Berry Plaintiffs' lawyers have reported settlements of six nursing home negligence cases -- ranging from $300,000 to $675,000 -- based on claims that residents were physically abused, malnourished, or got substandard medical...

N.C. Appeals Court Rules Defendants Could Not Appeal Order On Number Of Arbitrators.
March 24, 2003... Byline: Ertel Berry Two defendants in a wrongful death case couldn't immediately appeal an order that forced them to either cut the number of arbitrators from three to one or take their case to court, the Appeals Court held March 18. ...

N.C. Appeals Court Rules Doctor's Ex Parte Talks Barred Comp Testimony.
March 24, 2003... Byline: Ertel Berry A family doctor who visited a factory once a week to see injured workers -- and talked about a comp claimant's heel injury with a plant manager -- was barred from testifying at a comp hearing, the Appeals Court held...

N.C. Court of Appeals Rules Rental Car Drinking Ban Did Not Shield Nationwide.
March 24, 2003... Byline: Michael Dayton Even though a rental car company banned the use of its cars by intoxicated drivers, its insurer is still liable for a DWI accident, the Court of Appeals has ruled in a case of first impression. A driver in a...

Verdicts & Settlements March 24, 2003: Tow-Truck Driver Killed When Hit In Breakdown Lane.
March 24, 2003... Byline: North Carolina Lawyers Weekly Staff Brief statement of claim: This was a motor vehicle accident in which the defendant killed a 43-year-old wrecker driver who was in the process of hooking up a disabled vehicle in the breakdown lane...

Verdicts & Settlements March 24, 2003: Wrongful Discharge -- Alleged Firing Over Testimony.(Brief article)
March 24, 2003... Byline: North Carolina Lawyers Weekly Staff Type of Action: Wrongful discharge in violation of public policy Description: The plaintiff alleged and the defendant denied that she was fired as a result of her truthful testimony in earlier...

U.S. District Court Eastern Case Summaries: March 24, 2003.
March 24, 2003... Byline: North Carolina Lawyers Weekly Staff Civil Practice Class Certification - Numerosity, Commonality & Typicality - Insufficient Showing - Labor & Employment - Civil Rights - Banks & Banking Where the defendant-lender's hiring...

U.S. District Court Western District Case Summaries: March 24, 2003.
March 24, 2003... Byline: North Carolina Lawyers Weekly Staff Arbitration Securities - NASD 'Associate' - Customers - Third Party Beneficiaries Even though the defendant-investors had no direct relationship with the plaintiff- securities firm,...

Verdicts & Settlements March 24, 2003: Closed-Head Injuries In Collision With Tractor-Trailer.
March 24, 2003... Byline: North Carolina Lawyers Weekly Staff Type of Action: Auto Accident Description: Defendant driving tractor/trailer turned left in front of client at 7:00 a.m. Contrib claimed against Plaintiff for failure to have headlights on....

Verdicts & Settlements March 24, 2003: Severe Nerve Damage.
March 24, 2003... Byline: North Carolina Lawyers Weekly Staff Type of Action: Medical Malpractice Description: The plaintiff received injuries to her iliac vein, which in turn caused entrapment syndrome and severe damage to the peroneal nerve. Plaintiff...

Verdicts & Settlements March 24, 2003: Broker Forged Trading Documents, Transferred Account Funds.
March 24, 2003... Byline: North Carolina Lawyers Weekly Staff Brief statement of claim: According to a press release, in September 1999, I.R. Castelein filed a claim for breach of fiduciary duty, misrepresentation and violation of NASD and NYSE rules and...

Greensboro lawyer Hubert B. "Hugh" Humphrey Jr. dies.
March 24, 2003... Byline: North Carolina Lawyers Weekly Staff Greensboro lawyer Hubert B. "Hugh" Humphrey Jr. died Mar. 18. Born in Charlotte, he attained his law degree at University of North Carolina, where he graduated first in his class. After...

U.S. Court of Appeals 4th Circuit Case Summaries: March 24, 2003.
March 24, 2003... Byline: North Carolina Lawyers Weekly Staff Criminal Practice Tax Returns - False Statements - Sentencing - Relevant Conduct Even though a criminal defendant contends that 20 of the 24 charges of presenting tax returns with false...

Verdicts & Settlements March 24, 2003: Rear-End Collision With Tractor-Trailer.
March 24, 2003... Byline: North Carolina Lawyers Weekly Staff Brief statement of claim: Tractor-trailer rear-end collision Other useful info: Plaintiff, a 56-year-old dentist, had a history of cervical disk disease that had forced him to retire from his...

Verdicts & Settlements March 24, 2003: Fair Housing Act, Families Discouraged From Moving Into Condo.
March 24, 2003... Byline: North Carolina Lawyers Weekly Staff Brief Statement of Claim: A federal jury has determined that an Etowah condominium association and certain of its residents violated the federal Fair Housing Act when it forced a family of four to...

Verdicts & Settlements March 24, 2003: Resident Dropped -- Broken Hip, Pressure Sores.
March 24, 2003... Byline: North Carolina Lawyers Weekly Staff Brief statement of claim: Resident of nursing home was allegedly dropped by staff, which resulted in a fractured hip. Complete bed rest led to pressure sores. Principal injuries (in order of...

Verdicts & Settlements March 24, 2003: Abuse By Certified Nursing Assistant.
March 24, 2003... Byline: North Carolina Lawyers Weekly Staff Brief statement of claim: Resident of nursing home was allegedly abused by a certified nursing assistant. The CNA had a criminal record and a prior history of abuse towards residents, according to...

Verdicts & Settlements March 24, 2003: Change Of Condition While Recuperating From Flu.
March 24, 2003... Byline: North Carolina Lawyers Weekly Staff Brief statement of claim: Resident was placed in rest home after hospital admission. Resident entered the facility ambulatory and recouping from the flu. Resident developed a high fever and there...

Verdicts & Settlements March 24, 2003: Failure To Notify Doctors Or Transport To ER.
March 24, 2003... Byline: North Carolina Lawyers Weekly Staff Brief Statement of Claim: The plaintiff filed suit on behalf of his mother's estate against the defendant assisted living facility claiming her death was caused by the failure of its staff to...

Verdicts & Settlements March 24, 2003: Improper Intubation During Childbirth.
March 24, 2003... Byline: North Carolina Lawyers Weekly Staff Brief statement of claim: The minor plaintiff's mother presented to hospital's labor and delivery unit at approximately 11:30 p.m. reporting contractions three to five minutes apart for more than...

N.C. Court of Appeals Case Summaries: March 24, 2003.
March 24, 2003... Byline: North Carolina Lawyers Weekly Staff Arbitration Civil Practice - Appeals - Interlocutory - Method of Arbitration Where the trial court's order merely required the defendants to choose between litigation and an affordable...

Verdicts & Settlements March 24, 2003: Amusement Park Accident.
March 24, 2003... Byline: North Carolina Lawyers Weekly Staff Type of Action: Negligence at Amusement Park Description: This was the settlement of a personal injury case involving an injury at an amusement park. The plaintiff is a minor. The case...

Verdicts & Settlements March 24, 2003: Malnourishment -- Decubitus Ulcers.
March 24, 2003... Byline: North Carolina Lawyers Weekly Staff Brief statement of claim: A resident of nursing home allegedly became malnourished and developed decubitis ulcers, which led to his death. Principal injuries (in order of severity):...

Verdicts & Settlements March 24, 2003: Pressure Ulcers Infected -- Pneumonia.
March 24, 2003... Byline: North Carolina Lawyers Weekly Staff Brief Statement of Claim: A 78-year-old demented woman with stroke history was admitted to nursing home for acute rehabilitation stay following fracture repair at nearby hospital. Patient had two...

New Bill in N.C.: ED Claims Could Be Filed After Spouse's Death.
March 31, 2003... Byline: Ertel Berry The General Assembly is considering a slew of lawyer-related bills that could affect equitable distribution claims, speeding cases, court-ordered arbitration and workers' comp awards. Also being weighed are measures...

Anti-Spam Group Explores Options For Safer E-mail.
March 31, 2003... Byline: North Carolina Lawyers Weekly Staff To stem the unrelenting tidal wave of unsolicited, unwanted e-mail, companies are going to extraordinary lengths -- at considerable expense. They mask their e-mail addresses, install filters,...

U.S. Middle District Court Rules Amount Pled Did Not Control Diversity Threshold.
March 31, 2003... Byline: Ertel Berry The defendants in a class action over loan charges could remove the case to federal court on diversity grounds -- even though the complaint specifically stated damages would be under $75,000, a federal judge has ruled....

Do Solo Firms and Minority Lawyers Face Professional Disciplinary Bias?
March 31, 2003... Byline: North Carolina Lawyers Weekly Staff Are solo and small firm lawyers more susceptible to having a client file a complaint against them than big-firm lawyers? Do minority lawyers face an inherent disciplinary bias? Lawyers...

N.C. Appeals Court Rules Yard Work, Sex, Not Enough To Resume Marital Relations.
March 31, 2003... Byline: Ertel Berry Even though a Pitt County wife said her husband continued to have sex with her, took her on a vacation, did household chores, and stayed at the marital home until late at night, that didn't toll the one-year separation...

Hours, Stress Up But N.C. Lawyers Still Like Careers.
March 31, 2003... Byline: Michael Dayton Despite working more hours than they did two decades ago, North Carolina lawyers are generally satisfied with their lives and careers, according to preliminary statistics from a quality-of-life survey on the legal...

Dunn lawyer Patrick H. Pope, 58, dies.(Obituary)(Brief article)
March 31, 2003... Byline: North Carolina Lawyers Weekly Staff Dunn lawyer Patrick H. Pope, 58, died March 9. Pope attained his law degree at the University of North Carolina, and was the senior partner in Pope & Tart. He was twice elected Dunn's Man...

Microsoft Settles California Unfair Competition Suit.
March 31, 2003... Byline: North Carolina Lawyers Weekly Staff In an agreeement critics called a sellout by the state, Microsoft reached a $1.1 billion settlement with consumers in California who accused the software giant of violating the state's antitrust...

Commentary: Technology Enhances Practice But Also Poses Pitfalls.
March 31, 2003... Byline: Emily J. Eichenhorn Cell phones, personal computers and e-mail are wonderful tools for helping lawyers increase productivity, communicate more frequently and manage their businesses. Unfortunately, technological innovation also has...

U.S. District Court Middle District Case Summaries: March 31, 2003.
March 31, 2003... Byline: North Carolina Lawyers Weekly Staff Civil Practice Federal Jurisdiction - Removal - Diversity - Amount in Controversy - Subject Matter Jurisdiction - Standing - Banks & Banking - Lender's Assignees Even though the...

N.C. Lawyers In The News: March 31, 2003.
March 31, 2003... Byline: North Carolina Lawyers Weekly Staff J. William Snyder, who concentrates in workers' compensation law at Crumley & Associates, led a roundtable discussion on calculating average weekly wages and future payments of workers' comp...

U.S. Bankruptcy Court Case Summaries: March 31, 2003.
March 31, 2003... Byline: North Carolina Lawyers Weekly Staff Proof of Claim - Late Filing - Service of Notice - Regular Mail Where (1) the address to which the notice to creditors was mailed is the correct mailing address for creditor Currin Building...

U.S. District Court Eastern Case Summaries: March 31, 2003.
March 31, 2003... Byline: North Carolina Lawyers Weekly Staff Contract Commercial - Pharmaceutical Sales - Damages - Lost Profits - Indiana Law Even though some Indiana cases define lost profits as consequential damages, the issue of whether lost...

N.C. Court of Appeals Unpublished Case Summaries: March 31, 2003.
March 31, 2003... Byline: North Carolina Lawyers Weekly Staff Civil Practice Judges - Signed Order - Wrong Judge - Constitutional - Due Process - Administrative - Driver's License - Revocation Even though the order upholding the revocation of the...

U.S. Court of Appeals 4th Circuit Case Summaries: March 31, 2003.
March 31, 2003... Byline: North Carolina Lawyers Weekly Staff Criminal Practice Capital Murder - Apprendi - Aggravating Factors Even though a capital murder defendant contends his indictment for kidnapping, sexually abusing and murdering a young...