22 results for 'judge:"Carpenter"'.
J. Carpenter finds that the trial court properly denied siblings judgment notwithstanding the verdict in this dispute over their parents' estate, and granted a new trial, because evidence did not support the verdict in which the jury determined the parents lacked the mental capacity to create new deeds to the property. Affirmed.
Court: North Carolina Court of Appeals, Judge: Carpenter, Filed On: May 7, 2024, Case #: COA23-927, Categories: Wills / Probate
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J. Carpenter finds the trial court erroneously included a jury instruction that stated "a defendant does not have the right to use excessive force" during defendant's trial on a charge of assault with a deadly weapon. Under North Carolina law and the Castle Doctrine, a homeowner can use deadly force. The jury was required to determine if the prosecution rebutted defendant's Castle Doctrine defense, and so the jury instruction was misleading and potentially confusing, which requires this court to vacate the conviction and remand for a new trial. Reversed.
Court: North Carolina Court of Appeals, Judge: Carpenter, Filed On: October 3, 2023, Case #: COA22-866, Categories: Assault, Jury Instructions
J. Carpenter finds the trial court erroneously denied defendant's motion to dismiss indecent liberties with a child charges. There was insufficient evidence to support all three charges, given the testimony established defendant kissed the victim once outside his van and then again after the two were inside the vehicle. Therefore, one of defendant's convictions will be vacated and the case will be remanded for resentencing. Reversed in part.
Court: North Carolina Court of Appeals, Judge: Carpenter, Filed On: September 5, 2023, Case #: COA22-822, Categories: Evidence, Sex Offender, Child Victims
J. Carpenter finds the trial court properly granted summary judgment to the city under North Carolina's rules of civil procedure in a construction company's challenge to its capacity fees. The North Carolina-based company could not amend the second complaint to add itself as a party after the initial complaint was improperly filed on behalf of a Texas company with the same name. The filing error in the first complaint rendered that suit a nullity and prevented the addition of any parties to the second complaint, which was properly dismissed. Affirmed.
Court: North Carolina Court of Appeals, Judge: Carpenter, Filed On: September 5, 2023, Case #: COA21-767-2, Categories: Civil Procedure, Jurisdiction
J. Carpenter finds the lower court erroneously found the father had willfully abandoned the child and terminated his parental rights. His lack of contact with his daughter was entirely the result of restrictive parole conditions imposed by an Indiana criminal court following convictions for sexually-based offenses involving minors. The father attempted to have his parole modified, unsuccessfully, on several occasions and only refrained from reaching out to his daughter to avoid further punishment; therefore, he did not abandon her under North Carolina law. Reversed.
Court: North Carolina Court of Appeals, Judge: Carpenter, Filed On: September 5, 2023, Case #: COA22-853, Categories: Evidence, Family Law