31 results for 'judge:"Tyson"'.
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J. Tyson finds that the trial court ruled improperly in this child support dispute. The father was involuntarily terminated from his job and provided evidence that he had submitted many applications for employment but was unable to find a job. Therefore, he did not willfully disregard his support obligations, so the trial court should not have imputed capacity to earn income to the father. Vacated.
Court: North Carolina Court of Appeals, Judge: Tyson, Filed On: March 19, 2024, Case #: COA23-266, Categories: Family Law
J. Tyson finds that the trial court should have dismissed trip and fall claims brought against a high school principal in her individual capacity because she is entitled to immunity on the negligence claim for acts that occurred within the scope of her employment. Reversed.
Court: North Carolina Court of Appeals, Judge: Tyson, Filed On: October 17, 2023, Case #: COA23-331, Categories: Immunity, Negligence
J. Tyson finds the trial court did not violate defendant's right to an attorney when it allowed his counsel to withdraw shortly before trial because the court conducted a lengthy colloquy about defendant's decision to represent himself, while he also signed a written waiver of his right to counsel, completed after he and his appointed counsel could not agree on a trial strategy. Meanwhile, the trial court properly denied defendant's motion to exclude testimony from a woman who claimed to be raped the day before the victim was raped and killed because the testimony was used to establish defendant's identity after he used the same phone to contact both women. Affirmed.
Court: North Carolina Court of Appeals, Judge: Tyson, Filed On: October 3, 2023, Case #: COA22-714, Categories: Evidence, Murder, Self Representation