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Are there specific guidelines for calculating constructive dismissal?

guidelines for calculating constructive dismissal A constructive dismissal can occur when your employer tries to change fundamental terms of your contract without the implied or explicit consent of the employee. This can include changes to salary, job duties, work location and other working conditions. These changes can be deemed to be a breach of the…

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NC Supreme Court Holds that Media Entities May Seek Access to Law Enforcement Recordings by Filing a Petition – North Carolina Criminal Law

In March 2021, several news organizations filed a petition in Alamance County Superior Court seeking the release of law enforcement recordings of an “I Am Change” march that took place in Graham, North Carolina in October 2020. Marchers and law enforcement had clashed, and several people were arrested. The superior court held a hearing and…

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State v. Singleton and the End of the Common Law Jurisdictional Indictment Rule – North Carolina Criminal Law

In its last batch of opinions, issued May 23, 2024, the North Carolina Supreme Court decided two indictment cases: State v. Singleton, No. 318PA22, __ N.C. __ (2024), and State v. Stewart, No. 23PA22, __ N.C. __ (2024). Stewart closely follows a recent precedent (In re J.U., 384 N.C. 618 (2023), discussed here), holding that…

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News Roundup – North Carolina Criminal Law

Three years ago, the North Carolina Supreme Court in State v. Corbett, 2021-NCSC-18, ___ N.C. ___, 855 S.E.2d 228, 252 (2021), affirmed the court of appeals’ reversal of the defendants’ convictions for second degree murder. The case garnered national and international attention. The victim, Jason Corbett, was a citizen of Ireland, who had relocated to…

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N.C. Court of Appeals (June 4, 2024) – North Carolina Criminal Law

This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on June 4, 2024. These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to the present. Order of specific performance for plea agreement was error where defendant did not…

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Estimating Earnings Impact of Driver’s License Revocations in North Carolina – North Carolina Criminal Law

This blog post was co-authored by Jessica Smith. In North Carolina, driver’s licenses are revoked for failure to appear in court (FTA) and failure to pay court-ordered monetary obligations (FTP). Not having a valid driver’s license is at best an inconvenience—relying on others to drive to get groceries—but at worst can have a major impact…

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News Roundup – North Carolina Criminal Law

Former President Donald Trump was found guilty of 34 felonies in his “hush money” trial in New York yesterday, making him the first former president in U.S. history to be convicted of a crime. On their second day of deliberations, the jury found that Trump illegally falsified business records to cover up a $130,000 payment to an adult…

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N.C. Supreme Court (May 23, 2024) – North Carolina Criminal Law

This post summarizes the published criminal opinions from the Supreme Court of North Carolina released on May 23, 2024. These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to the present. Supreme Court holds that constitutional and statutory defects in indictments do not deprive…

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Part II, What Statutes Apply? – North Carolina Criminal Law

In Part I of a series of posts on confidential informants, I revisited the landmark case of U.S. v. Roviaro, which began when a Chicago police officer hid in the trunk of an informant’s car to listen in on a heroin deal. The U.S. Supreme Court held that the officer in the trunk was no…

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Disposition Continuance to Provide for Time in Secure Custody Not Allowed – North Carolina Criminal Law

Are there limits on the court’s ability to continue the dispositional hearing in a delinquency case? The Court of Appeals recently identified one limit In re D.R.F., Jr., ____ N.C.App. _____ (May 7. 2024).  The court held that a continuance for the sole purpose of placing the juvenile in secure custody as punishment before disposition…

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