Courts (page 119)

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    The Pre-K crystal ball

    The editors of the News & Observer crack me up. In their latest missive, they insist that state legislators should have seen Judge Howard Manning’s ruling on pre-kindergarten programs “from miles away.”  Really?  If it is was so obvious, then why didn’t the editors of the N&O see…
    Terry Stoops, August 9, 2011
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    New at CJO: Nation’s highest court reverses N.C. judges on Goodyear tire suit

    Anthony Hennen reports for Carolina Journal Online about the recent U.S. Supreme Court decision reversing the N.C. Court of Appeals in a lawsuit linked to a Paris bus crash that killed two N.C. teens.
    Mitch Kokai, August 4, 2011
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    Unlawful Or Not, You Can’t Resist

    The legal temerity is truly shocking. The Indiana Supreme Court recently handed down a decision declaring the ancient common-law right to resist unlawful entry of one's home by police officers invalid in Indiana. Yes, Hoosiers, your judiciary has decided the 4th Amendment protection of a citizen's home from unlawful search and seizure (reiterated word-for-word in the 11th Amendment to the Indiana Constitution) does not extend to any resistance of an unlawful assault or invasion, reasonable or otherwise--the court claims civil remedies at law after-the-fact are sufficient protection, concluding "public policy disfavors any such right" to resist. In Barnes vs. State, the court by a 3-2 majority noted the ancient common-law origins (possibly back as far as the Magna Carta) of the right to reasonably resist unlawful arrest or entry of one's home, even citing the U.S. Supreme Court's repeated upholding of the right, but decided by fiat to step far beyond even more recent precedent that is slowly chipping away at Fourth Amendment rights. The case was complex--an officer forced his way into an apartment after a call about a non-violent domestic disturbance, and upon some resistance by the homeowner, "used a choke hold and a taser to subdue him." Upon recovery (the homeowner suffered an "adverse reaction to the taser" and was taken to the hospital) he found himself charged with disorderly conduct, resisting a police officer, battery on a police officer, and interference with reporting of a crime. The trial court refused to instruct the jury on the legality of resisting an unlawful entry, and the Court of Appeals ordered a new trial on appeal. The Supreme Court, faced with the case, did not uphold the age-old right of sanctuary from unlawful entry, nor did they opt to extend the "exigent circumstances" that legalize warrantless entry in critical situations to cover the entry in a case of domestic disturbance.
    John Calvin Young, August 3, 2011
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    New Carolina Journal Online features

    Karen Welsh’s latest Carolina Journal Online report details recent developments in a lawsuit involving Kinston voters and the federal Voting Rights Act. John Hood’s Daily Journal explains why Bobby McFerrin was wrong when he sang, “Don’t worry — be happy.”…
    Mitch Kokai, August 3, 2011
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    Appeals Court also rules in dispute linked to infamous Duke lacrosse case

    Misleading DNA analysis in the infamous 2006 “Duke lacrosse rape case” cost Brian Meehan his job with DNA Security. This morning, a unanimous three-judge panel of the N.C. Court of Appeals affirmed a trial court decision allowing Meehan’s job dismissal to stand. Appellate judges sent the case back to the…
    Mitch Kokai, August 2, 2011
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    N.C. Court of Appeals rules against charter schools seeking county capital funds

    A unanimous three-judge panel of the N.C. Court of Appeals has affirmed a trial court ruling against charter schools seeking access to county “capital outlay funds.” Writing for the panel, Judge Samuel Ervin IV notes: [B]y specifically stating that charter schools are entitled to funding from…
    Mitch Kokai, August 2, 2011
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    America’s Big Shift Right

    Christian Science Monitor correspondent Liz Marlantes has a very interesting article in today’s edition—America’s Shift Right. And while you are at it, read John Hood’s series of articles on America’s Founding Principles.
    Kory Swanson, August 1, 2011
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    A victory for those who value local control

    State Administrative Law Judge Joe Webster ruled that Macon County Schools can start classes on August 4, as planned. As I described in a previous Locker Room post, the State Board of Education granted Macon County Schools a waiver to begin classes before August 25, the statutory school…
    Terry Stoops, July 26, 2011