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Appellate Law

: North Carolina Appellate Blog

Today's NC Supreme Court Decisions

By Sean E. Andrussier

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Today the NC Supreme Court released orders on petitions as well as opinions.

With respect to petitions, the Court granted review in two cases, one civil, one criminal. The civil case concerns a trial court's decision to revoke the pro hac vice admission of two Indiana attorneys on the ground that they engaged in improper behavior and violated the Rules of Professional Responsibility. The Court of Appeals reversed that order, and one of the defendants (Abbott Labs) filed the PDR to reinstate the sanction.

The Court issued 11 decisions in cases heard by the Court. Five of the 11 are per curiam affirmances or reversals. Six are actual opinions.

The two newsworthy decisions of the day are Wake Cares, Inc. v. Wake County Bd. of Educ. and N.C. Dept. of Correction v. N.C. Medical Bd. Wake Cares is a 4-3 decision holding that school systems don't need parental consent to assign kids to year-round schools. Justice Timmons-Goodson wrote the majroity opinion; Justices Martin, Newby, and Brady dissented. (For a story on the case, see here.) The N.C. Dept. of Correction case is a 4-3 decision holding that the Medical Board can't punish physicians for taking part in executions. Justice Brady wrote the majority opinion; Justices Hudson and Timmons-Goodson and Chief Justice Parker dissented. (For a story on the case, see here.)

More on today's action later.

Full post as published by North Carolina Appellate Blog on May 01, 2009 (boomark / email).

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