About Those Protests

JOSEPH MARGULIES

Cornell law professor Joseph Margulies comments on the protests that have erupted over COVID-19 restrictions. Margulies argues that because the state cannot (or will not) live up to its end of the social contract by committing to sustain people’s livelihood for the duration of the restrictions, the protests are morally legitimate.

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DTH Media Corp. v. Folt

Docket: 142PA18

Opinion Date: May 1, 2020

Judge: Morgan

Areas of Law: Civil Procedure, Education Law

The Supreme Court affirmed the judgment of the court of appeals concluding that officials of The University of North Carolina at Chapel Hill (University) are required to release, as public records, disciplinary records of its students who have been found to have violated the University's sexual assault policy, holding that the University did not have discretion to withhold the information sought. Plaintiffs, news organizations, brought this action for alleged violations of the North Carolina Public Records Act. Defendants argued that they were prohibited from complying with the Public Records Act in light of applicable provisions of the federal Family Educational Rights and Privacy Act (FERPA). The trial court determined that Defendants were not required to produce the student records requested by Plaintiffs, concluding that the doctrines of field preemption and conflict preemption operated to implicitly preempt, by force of federal law, any required disclosure by the Public Records Act of the requested records. The court of appeals reversed. The Supreme Court affirmed, holding (1) the information sought in this case was authorized by and specified in the FERPA as subject to release; and (2) therefore, as an agency of the state, the University must comply with the Public Records Act and allow Plaintiff access to the information.

State v. Bailey

Docket: 360A19

Opinion Date: May 1, 2020

Judge: Davis

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Supreme Court affirmed the decision of the court of appeals affirming the order of the trial court denying Defendant's motion to suppress evidence seized during the execution of a search warrant, holding that the warrant supported by probable cause. Defendant pled guilty to the offense of trafficking in cocaine while preserving his right to appeal the denial of his motion to suppress. On appeal, Defendant argued that the trial court erred in denying his motion to suppress because the facts contained in the affidavit were insufficient to establish probable cause to search his residence. The court of appeals affirmed. The Supreme Court affirmed, holding that the affidavit contained facts that were sufficient to provide a nexus between the residence and suspected criminal activity, and therefore, the warrant was supported by probable cause.

State v. Ellis

Docket: 340A19

Opinion Date: May 1, 2020

Judge: Robin E. Hudson

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Supreme Court reversed the decision of the Court of Appeals affirming the trial court's denial of Defendant's motion to suppress evidence, holding that there was no reasonable suspicion to justify the law enforcement officer's stop when Defendant signaled with his middle finger from the passenger side window of a moving vehicle. While assisting a stranded motorist, the officer turned his attention to another car traveling on the roadway, a white SUV. Defendant had his arm outside the passenger window and gestured with his middle finger, making an up-and-down motion. Believing that Defendant was committing the crime of disorderly conduct, the officer pursued and then stopped the SUV. At trial, Defendant moved to suppress the officer's testimony, arguing that there was no reasonable suspicion to justify the stop. The trial court denied the motion. Defendant pleaded guilty to resisting, delaying, or obstructing a public officer. The court of appeals affirmed the trial court's denial of Defendant's motion to suppress. The Supreme Court reversed, holding that the specific, articulable facts did not establish reasonable suspicion of the crime of disorderly conduct.

State v. Hobbs

Docket: 263PA18

Opinion Date: May 1, 2020

Judge: Earls

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Supreme Court reversed Defendant's conviction, holding that the trial court clearly erred in ruling that Defendant failed to prove purposeful discrimination with respect to the State's use of peremptory challenges to strike three jurors without considering all of the evidence presented by Defendant. Defendant was found guilty of one count of first-degree murder and other crimes. On appeal, Defendant argued that the trial court erred by failing to grant three objections that he made under Batson v. Kentucky, 476 U.S. 79 (1986). The court of appeals affirmed Defendant's convictions. The Supreme Court reversed, holding (1) the court of appeals erred in its analysis of Defendant's Batson claims with respect to the three jurors; and (2) as to all three jurors, remand was required for reconsideration of whether Defendant proved purposeful discrimination in each case.

Chappell v. N.C. Department of Transportation

Docket: 51PA19

Opinion Date: May 1, 2020

Judge: Earls

Areas of Law: Constitutional Law, Real Estate & Property Law

The Supreme Court affirmed in part and reversed in part the judgment of the trial court awarding Plaintiffs compensation for a taking of various portions of their property with pre-judgment interest, holding that the portion of the trial court's order concerning the proper evaluation of the pre-judgment interest rate was contrary to this Court's precedents. In 1987, the General Assembly adopted the Roadway Corridor Official Map Act. In 1992 and 2006, portions of Plaintiffs' property were designated as within a roadway corridor pursuant to that statute. Plaintiffs filed an inverse condemnation complaint against the North Carolina Department of Transportation (NCDOT) seeking compensation for the taking. Final judgment was issued awarding Plaintiffs $137,247 for the 1992 taking and $6,139 for the 2006 taking, both with pre-judgment interest at eight percent compounded annually. NCDOT appealed. The Supreme Court affirmed in part and reversed in part, holding (1) the trial court did not err in proceeding to trial on the inverse condemnation complaint; (2) any error in the court's characterization of the taking was harmless; (3) the court's treatment of the reduced property taxes was proper; but (4) the trial court erred concerning the proper evaluation of the pre-judgment interest rate.

State v. Mylett

Docket: 6A19

Opinion Date: May 1, 2020

Judge: Earls

Areas of Law: Criminal Law

The Supreme Court reversed the decision of the court of appeals affirming the trial court's judgment convicting Defendant for conspiracy to commit harassment of a juror, holding that the trial court erred in denying Defendant's motion to dismiss the conspiracy charge for insufficient evidence. Defendant was convicted of conspiracy to commit harassment of a juror because of his actions at a courthouse following his twin brother's conviction for assault on a government official. On appeal, the court of appeals concluded that the trial court did not err in denying Defendant's motion to dismiss the conspiracy charge for insufficient evidence. The Supreme Court reversed, holding that the evidence in Defendant's trial was insufficient to raise anything more than mere conjecture that he had made an agreement with another person to threaten or intimidate a juror.

In re A.G.D.

Docket: 258A19

Opinion Date: May 1, 2020

Judge: Ervin

Areas of Law: Family Law

The Supreme Court affirmed the orders of the trial court terminating Father's parental rights in his two minor children in grounds of willful abandonment, holding that there was no error in the termination orders. In its termination orders, the trial court concluded that Father's actions and inactions manifested a "willful determination to forego all parental duties and relinquish all parental claims" regarding the children and that this was done with "purpose and deliberation." The custody and visitation order that was presented at Mother's request precluded Father from having direct contact with the children. On appeal, Father argued that this prohibition stood as an absolute barrier to his ability to show love, affection, and parental concern for the children and that this fact should preclude a finding of abandonment. The Supreme Court affirmed, holding that the trial court's termination orders should be affirmed.

Winston Affordable Housing, LLC v. Roberts

Docket: 267PA19

Opinion Date: May 1, 2020

Judge: Earls

Areas of Law: Landlord - Tenant

The Supreme Court reversed the decision of the court of appeals affirming the trial court's judgment evicting Tenant and granting possession of the apartment in which she lived to Landlord based on nonpayment of rent for January 2017 and the first part of February 2017, holding that eviction was improper. The apartment complex in this case was a project-based Section 8 property. In late 2016, Landlord sought to evict Tenant by terminating her lease for alleged breaches relating primarily to her conduct. On January 9, 2017, Tenant was served with a notice to pay rent or quit, claiming Tenant was in default under the rental agreement. The district court determined that Landlord had waived its claims as to Tenant's alleged lease breaches. The court then entered a judgment evicting Tenant and granting possession of the apartment to Landlord. The Supreme Court reversed, holding (1) Landlord did not waive his right to terminate the lease based on Tenant's alleged breaches; (2) terminating a lease or a federal subsidy for a tenant in a federally-subsidized housing arrangement requires compliance with federal law as incorporated in the terms of the lease; and (3) there were insufficient findings to support the conclusion that Landlord was entitled to possession on the basis of nonpayment of rent.