Posted by Sean Cecil | Jan 19, 2019 |
Constructive possession is a common theory of possession when contraband is not found on the defendant's person. To prove constructive possession, the government must prove that the defendant knew the contraband was there, and that they exercised control over it.
Posted by Sean Cecil | Jan 10, 2019 |
First appearance is a crucial event in a criminal case. This article provides examples and explanations that strongly support retention of a qualified criminal defense lawyer for the hearing.
Posted by Sean Cecil | May 08, 2018 |
Tight and unforgiving deadlines are a significant obstruction on the road to justice for North Carolina career State Employees facing disciplinary action. This article explains the common deadlines and the consequences of ignoring them.
Posted by Sean Cecil | Feb 20, 2018 |
The North Carolina Court of Appeals recently reviewed the factors for consideration of a North Carolina criminal defendant's assertion that his right to a speedy trial was violated. This article reviews the factors Courts should consider in ruling upon speedy trial motions.
Posted by Sean Cecil | Feb 01, 2018 |
Employee embezzlements are fairly common charges in North Carolina state courts, and do not always involve large amount of money or "white collar" criminals. This brief article explores the elements of an employee embezzlement as well as the consequences of a conviction.
Posted by Sean Cecil | Nov 27, 2017 |
The news lately is full of women coming forward to explain that they have been the victim of sexual abuse. Largely involving prominent men in positions of power enabling them to intimidate, coerce, or cover up their actions, these high profile stories have emerged in a variety of contexts often i...
Posted by Sean Cecil | Aug 02, 2017 |
Today is the one year anniversary of Wake Countys Pilot DWI Case Management Plan, which was adopted to streamline case management of Wake County DWIs and ensure greater opportunity for meaningful hearings.
Posted by Sean Cecil | Jun 07, 2017 |
An overview of self-defense law in North Carolina, including a newly published Appellate decision
Posted by Sean Cecil | Apr 19, 2017 |
Review of two recent North Carolina Appellate decisions, one regarding insufficient evidence to convict the accused of constructive possession and one about suppression of marijuana evidence discovered through a violation of the accused's 4th Amendment right to be free of warrantless searches in the absence of probable cause AND exigent circumstances.
Posted by Sean Cecil | Jul 06, 2016 |
A recent Supreme Court decision to not hear further appeal means home healthcare workers must be paid minimum wage and overtime- a ruling that will benefit potentially tens of thousands of North Carolina workers.
Posted by Sean Cecil | Jul 01, 2016 |
Yesterday I read an article about a recent appellate decision in Washington State, confirming the City of Port Orchard's liability for a bike accident allegedly caused by defective maintenance of a city street. I am licensed in Washington (currently inactive) spent the formative years of my legal...
Posted by Sean Cecil | Jun 17, 2016 |
NC State is working on a study to determine how best to decrease the incidents of car on pedestrian collisions. Drivers who hit pedestrians may be liable for the pedestrian's injuries, and injuries that exceed the driver's coverage may be covered under other policies.
Posted by Sean Cecil | May 19, 2016 |
Travis Payne argued a mandamus petition in Forsythe County on behalf of our client, a Kernersville firefighter, who was fired and then denied access to unredacted copies of documents used to support his firing.
Posted by Sean Cecil | May 19, 2016 |
The new overtime rule issued by the Dept. of Labor requires that salaried employees who are deemed to be exempt from the Fair Labor Standards Act overtime requirement be paid a living wage.
Posted by Sean Cecil | Mar 31, 2016 |
Wake County District Attorney dismissed cases because of a judicial finding that former DWI task force member had lied on the witness stand in at least three different cases.
Posted by Sean Cecil | Mar 24, 2016 |
Summary of a recent important U.S. Supreme Court case affirming class certification in an overtime/unpaid wage case regarding Tyson Foods' refusal to pay employees for the time they spent "donning and doffing" required gear for work.
Posted by Sean Cecil | Mar 23, 2016 |
A more thorough exploration of January's 4th Circuit Court of Appeals case that clearly established a bright-line rule that tasers may not be deployed by law enforcement officers unless the subject to be tased poses an objective immediate danger and use of the taser could mitigate that danger.
Posted by Sean Cecil | Mar 18, 2016 |
Here is a link to the CLE manuscript for the panel presentation including firm partner Vanessa Lucas this afternoon at UNC Chapel HIll. The full schedule of the weekend's National Lawyer's Guild Regional Conference can be found here.
Posted by Sean Cecil | Feb 12, 2016 |
Under North Carolina General Statute Sect. 14-72.11(2), a person is guilty of a Class H felony if the person commits larceny against a merchant "by removing, destroying, or deactivating a component of an antishoplifting or inventory control device to prevent the activation of any antishoplifting or inventory control device.
Posted by Sean Cecil | Jan 29, 2016 |
The 4th Circuit recently ruled that GEICO wrongfully categorized its insurance investigators as exempt from the Fair Labor Standards Act overtime requirement, but ruled that the misclassification was not willful, and denied the workers liquidated damages and an extended statute of limitations.
Posted by Sean Cecil | Jan 20, 2016 |
The Fourth Circuit Court of Appeals has now "clearly established" that law enforcement use of a Tazer is excessive force unless the individual being tazed poses an immediate threat.
Posted by Sean Cecil | Jan 20, 2016 |
The North Carolina Court of Appeals reversed two convictions of maintaining a building or vehicle for drug purposes, citing insufficient evidence. This is an important case defining what the crime is not, and should provide guidance for prosecutors and defense attorneys who have to deal with these allegations which are often used as bargaining chips to convince defendants to plead guilty to other crimes in a plea bargain.
Posted by Sean Cecil | Jan 13, 2016 |
The North Carolina Court of Appeals recently affirmed a trial court's ruling that a magistrate-issued warrant for the search of a home was not supported by probable cause to believe that drugs would be found in that particular home and that the evidence found in the home was the "fruit of the poisonous tree" and could not be used against the defendants in support of criminal charges.
Posted by Sean Cecil | Jan 11, 2016 |
A writ of mandamus is a court order that a state or local government official perform a ministerial, non-discretionary act that is part of their official duties. Our attorneys recently traveled to Statesville to secure such an order so our client could appeal the decision not to promote him.
Posted by Sean Cecil | Dec 11, 2015 |
Burn piles creating extreme smoke that impairs visibility on nearby roadways could be considered negligence, creating liability for personal injuries and property damage.