Court Rulings

The Cocke County Grand Jury indicted Defendant, Toby Dunn, for attempted first degree murder in count one, aggravated assault in count two, employment of a firearm during the commission of a dangerous felony in count three, and possession of a firearm during the commission of a dangerous felony in count four. A jury found Defendant guilty in count one of the lesser-included offense of attempted second degree murder and guilty as charged in all other counts. At sentencing, the trial court merged counts one and two and merged counts three and four. The court sentenced Defendant to twelve years' incarceration with a thirty percent release eligibility in count one and to a consecutive six years' incarceration with a 100 percent release eligibility in count three. On appeal, Defendant argues that the trial court erred by limiting cross-examination of the victim, by excluding a video of the victim, and by admitting Defendant's prior bad act. He also argues that the State failed to establish the chain of custody for the firearm, that the evidence was insufficient to support his convictions, and that his sentence was excessive. After a thorough review, we affirm the judgments of the trial court.

Workers' compensation jurisdiction of North Carolina Industrial Commission N.C. Gen. Stat. 97-36 location where contract for employment was made last act test mandatory drug screening as a prerequisite of employment relationship

The intervening plaintiff C filed a complaint with the plaintiff Commission on Human Rights and Opportunities alleging discrimination in housing against the defendant. The commission filed a complaint in the trial court, claiming that the defendant had engaged in a prohibited discrimi- natory housing practice pursuant to statute (§ 46a-64c (a) (1) and (3)) by denying C an opportunity to rent or view a rental property and making discriminatory statements about C's ability to rent the property on the basis of a lawful source of income, a voucher pursuant to section 8 of the National Housing Act (42 U.S.C. § 1437f). The defendant, who had told C that the property was not ''section 8 ready,'' also claimed that C's credit score, which C had reported as ''fair,'' did not meet her requirements. The court rendered judgment in favor of the commission and C, and the defendant appealed to this court. Held: 1. The defendant could not prevail on her claim that there was insufficient evidence in the record to support the trial court's conclusion that the defendant violated subdivisions (1) and (3) of § 46a-64c (a): a. There was sufficient evidence to support the trial court's conclusion that the defendant had engaged in a prohibited discriminatory housing practice pursuant to § 46a-64c (a) (1): testimony by a previous tenant that he did not provide the defendant with his credit score prior to viewing the property supported the court's finding that the defendant did not have a legitimate, nondiscriminatory reason for failing to show C the rental property; moreover, this court declined to review the defen- dant's unpreserved challenge to documentary evidence from individuals who had posed as prospective tenants to determine whether her actions toward C were legally actionable and testimony related to those prospec- tive tenants, as she did not make any objections to that evidence or testimony during the trial, and this court declined to assess the weight of the documentary evidence

The plaintiff, West Warwick Housing Authority, appealed from a Superior Court judgment in favor of the defendant, Rhode Island Council 94, AFSCME, AFL-CIO, which denied the plaintiff's motion to vacate an arbitration award, granted the defendant's motion to confirm the award, and awarded attorneys' fees to the defendant as the prevailing party. On appeal, the plaintiff argued that the trial justice committed reversible error in denying its motion to vacate because, the plaintiff contended, the defendant failed to prove at arbitration that an enforceable agreement to arbitrate existed at the time of the termination that gave rise to the grievance at issue in this case. Conversely, the defendant maintained that, because the trial justice correctly denied the plaintiff's motion to vacate, this Court should deny the plaintiff's appeal and remand the matter to the Superior Court for a determination of attorneys' fees and costs relating to the appeal. <br><br>The Supreme Court perceived no error in the trial justice's decision denying West Warwick Housing Authority's motion to vacate the arbitration award. The Court then declined to reach the merits of Rhode Island Council 94's request to remand for determination of attorneys' fees and costs.<br><br>Accordingly, the Supreme Court affirmed the judgment of the Superior Court.<br>

Appellant appeals the trial court's order affirming the award of an arbitrator. Appellant filed suit against its former employee, the Appellee, alleging breach of contract for violation of certain provisions of the employee handbook, which also contained an arbitration clause. Because the handbook does not constitute an enforceable employment contract, the trial court erred in ordering the parties to arbitrate and in affirming the arbitrator's award. Reversed and remanded.

Mandamus denied. SERB did not abuse its discretion when it dismissed ULP charge as untimely when the ULP charge was not filed until after the 90-day limitations period had expired. SERB did not abuse its discretion when it dismissed ULP charge for lack of probable cause when the information submitted to SERB indicated that the union had withdrawn the grievance and no longer sought arbitration.

Appellant appeals the trial court's order affirming the award of an arbitrator. Appellant filed suit against its former employee, the Appellee, alleging breach of contract for violation of certain provisions of the employee handbook, which also contained an arbitration clause. Because the handbook does not constitute an enforceable employment contract, the trial court erred in ordering the parties to arbitrate and in affirming the arbitrator's award. Reversed and remanded.