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We’re all familiar with them, those classic cross-examination tips that, if applied correctly, will win your case and make you famous. Irving Younger gave us “The 10 Commandments of Cross-Examination.” Who can forget how Roy Black destroyed the State’s witness in the Robert Kennedy Smith rape trial? Of course, there’s Tom Cruise from “A Few Good Men.” For the more senior members of the audience, we all remember how Perry Mason won every case on cross-examination. In
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In 1997, Kimberly McCarthy of Texas was convicted of forcing her way into Dorothy Booth’s home under the pretext of borrowing some sugar, then killing 70-year-old Booth. McCarthy proceeded to use Booth’s credit cards and attempted to pawn Booth’s wedding ring before she was caught. McCarthy was found guilty of Booth’s murder and sentenced to death by a Dallas County jury in 1998, but the Texas Court of Appeals later overturned her conviction after they discovered she had no attorney
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Regardless of whether one has fallen victim to the reality television that has taken America by storm since the first episode of “Survivor” aired in early 2000, names such as Lauren Conrad, Ryan Seacrest, and even “Snooki” have become commonly recognized in homes across the nation. While reality television shows can lead to legitimate fame for some, they can also come with a cost—particularly for towns where these shows are recorded. Many New Jersey citizens recognize their state
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On December 20, 2012, the U.S. Justice Department (DOJ) filed a civil rights lawsuit against Alamance County Sheriff Terry S. Johnson alleging he intentionally discriminated against Latinos. The DOJ filed the lawsuit in the Middle District of North Carolina almost three months after having released findings from an investigation after receiving complaints about Sheriff Terry Johnson. The Investigation The two-year investigation began in June 2010 and included interviews with more than 125
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Earlier this month, the Supreme Court of Texas heard oral arguments in Strickland v. Medlen, a case that may redefine how damages are calculated when personal property damage or destruction is at issue. In June of 2009, Kathryn and Jeremy Medlen’s dog, Avery, escaped from their backyard without the Medlens knowing. Avery was later found and taken to a local animal shelter by animal control. Jeremy Medlen went to retrieve his dog from the shelter, but did not have the money to pay the
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A contestant from “Storage Wars” has filed suit against the show’s producers alleging the show is anything but nonfiction. The reality TV show is promoted by A&E as a true-life television show following “teams of bidders looking to score it big in the high stakes world of storage auctions.” The show is a cross between an auction and a lottery, with contestants bidding on abandoned storage sheds in the hopes of finding something of high-dollar value inside. David Hester is
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The Right to a Sound Basic Education Article I of the North Carolina Constitution asserts that the people of this state have “a right to the privilege of education” and imposes upon the State a duty “to guard and maintain that right.” Article IX extends the idea further by instilling responsibility in the General Assembly for providing and maintaining free public schools to which all citizens of the State will have equal access. Though explicitly written into the state constitution,
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On November 21, Orange County Commissioners voted 6-1 to ban smoking in most public places. Prior to the vote, the commissioners were presented with two gallon jars that contained more than 6,000 cigarette butts collected on Franklin Street in 2010. Commissioner Earl McKee cast the only vote against the ban because he believes the ordinance is too broad and represents government overreach. The ban applies to all town or county-owned property, including sidewalks and parks, and also
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On August 13, 2012, the Wake County Public School System offered parents the opportunity to have their children educated in a single-sex learning environment. The boys-only Wake Young Men’s Leadership Academy and the girls-only Wake Young Women’s Leadership Academy would join the ranks of more than 500 similar single-sex programs throughout the United States. According to the News and Observer, “[d]emand was high from families attracted by old-fashioned staples such as single-sex
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It happens all the time. Defense counsel in a criminal case works hard to avoid opening the door to her client’s character. The facts of the case may be bad enough, but when the prosecutor gets to ladle a generous helping of bad character evidence on top, things go from bad to worse. But keeping the character door shut does not mean the jury will not hear about the client’s less than stellar background. That’s where NCRE 404(b), the rule that admits prior bad acts and uncharged
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I still prefer the printed word, but for many people, the fastest growing portion of their book and music libraries is stored on devices like the Amazon Kindle or iPod. But what happens to that digital content when the owner dies? More fundamentally, is “owning” an album on iTunes or a book on a Kindle the same as owning a CD or hardcover book? Most people probably do not give much thought to what will happen to these digital assets after death. After all, you say, all the
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Note from the Editors: On December 3, United States District Court Judge William Shubb ruled that the ban on conversion therapy signed into law by California Governor Jerry Brown may violate free speech rights of therapists who oppose homosexuality. Judge Shubb issued an injunction preventing the state from enforcing the ban against the three providers who sued to block the ban. Judge Shubb wrote, “Even if SB1172 is characterized as primarily aimed at regulating conduct, it also extends
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On October 17, 2012, the Supreme Court of North Carolina heard oral argument in two cases concerning the legality of sweepstakes cafés – Hest Technologies, Inc. v. State ex rel. Perdue and Sandhill Amusements v. State. These two cases challenge the constitutionality of North Carolina General Statute §14-306.4 (2011) as an infringement on First Amendment freedom of speech rights of sweepstakes companies doing business in the state. The decision in Sandhill hinges on the resolution
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When law school graduates receive news that they successfully passed the Bar Exam, the next big step to becoming a practicing attorney is to be sworn in. Here in North Carolina, hundreds of soon-to-be lawyers walk into their local courthouse and swear before a judge, other attorneys, and friends and family to meet a certain standard required of them under the law. One of the several oaths reads, “I swear that I will truly and honestly demean myself in the practice of an Attorney,
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By: Tommi E. Powell with Angelica Chavis On October 12, 2012, the United States Department of Justice issued an internal policy memo concerning the use and possession of protected birds and bird parts by Native Americans. The memo sought to bring enforcement of the use and possession in line with the Morton Policy. The memo includes all birds protected under current federal laws, including the Bald and Golden Eagle Protection Act, the Migratory Bird Treaty Act of 1918, the Lacey Act, the
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