Wednesday, November 28, 2012

Opening at Supreme Court of NC

Thew N&O has reported that Justice Patricia Timmons-Goodson will be stepping down.  I would anticipate that Gov. Perdue will move quickly to appoint a replacement.  Speculation on my part, but don't be surprised to see either Judge Ervin, who recently lost his race against Justice Newby, or Judge Robert C. Hunter, who lost to now Justice Jackson four years ago, get the nod.

If either are appointed, this would leave an opening at the Court of Appeals - allowing Judge Thigpen to fill the seat (he recently lost his race against soon-to-be Judge Dillon).  

This also allowed me to post a photo of Bobbie Thigpen, a guy who had a great year closing for the White Sox back in my youth, seen hear wearing a Winston Salem Dash uniform:




Wednesday, November 7, 2012

The Court of Appeals is Coming for Your Guns!!!11!

Not really.  But in light of the recent election, and the fear that Obama will take your guns, I thought this Opinion filed yesterday was timely: LINK

The plaintiff sued Cabarrus County Sheriff, Brad Riley, after Sheriff Riley denied the plaintiff's concealed carry permit.  The plaintiff had, according to the Court, lied on an application by indicating that he had not been convicted of a crime, when in fact he had (assault on a woman in 2001).  Based on this misrepresentation and the violation of criminal law, the Court held that Sheriff Riley appropriately denied his concealed carry permit.



The plaintiff also raised the 2nd Amendment, arguing that he had a fundamental right to carry a concealed weapon.  The Court of Appeals disagreed, holding that:  "While courts have consistently held that the Second Amendment protects an individual’s right to possess a weapon, courts have also found that the Second Amendment does not extend to an individual’s right to conceal a weapon."