Charlotte Personal Injury Lawyer Blog

On July 13, 2011, N.C. Legislators voted to override Governor Perdue's veto of Senate Bill 33 / House Bill 542. The legislation proposed by Republican leaders at the request of medical providers and insurance carriers essentially guts the legal rights of injured victims, largely relieving physicians of responsibility for their negligence in most instances.

Many of the legislations sponsoring and supporting this legislation have refused to acknowledge the dangerous repercussions of the proposed law and the need for the bill. Simply stated, many of the representatives in Raleigh are more concerned with the opinions of those filing their election coffers than the legal rights of their constituents. To that end, the NCAJ has continued to educate the public regarding the actual statistics for medical malpractice actions in North Carolina. For instance: In the last decade, med mal cases account for less than 25% of the litigation in N.C.; In the last three years, the number of med mal lawsuits has dropped approximately 20% compared to the prior 10 years.

A vote on Senate Bill 33 is expected in the near future. I highly encourage you to contact your representative and voice any concerns you have regarding this legislation. I also encourage you to carefully exercise your right to vote in an educated manner in the next election.

NewsObserver.com, N.C. Senate overrides all 6 vetoes, 07/14/11

Michael Mead is a York County resident. He was accused of shooting Lucy Johnson (his then pregnant fiancée) in 2008 and burning her home. Mr. Mead potentially faced the death penalty in this case. The trial spanned two months, and was moved to Charlotte from Gastonia due to pre-trial publicity. After approximately nine hours of deliberation, the Jury returned not guilty verdicts on both the arson and murder charges.

The prosecution's theory of the case was essentially that Mr. Mead wanted Ms. Johnson to have an abortion. As she refused, he became upset and murdered her. The Defense countered with evidence that Mr. Mead's mobile phone was used at his home fifty minutes from the crime scene at the time of the murder. The Defense also pointed to another potential suspect; an ex-boyfriend of Ms. Johnson, with whom she had a difficult relationship.

I did not participate in this trial, and I'm not familiar with the evidence. Thus, I cannot render specific opinions regarding such. However, the Observer article indicates the victim's mother was unhappy with the Gaston County DA's handling of the case. It is also my understanding that the Judge sanctioned the prosecution for discovery violations by awarding the Defense the last argument.

The actions of District Attorneys' offices in North Carolina have been a hot topic in recent months given recent legislative amendments regarding their duties to disclose information to defense counsel. It is interesting that this issue has yet again come up in such a high profile / important case, even as the N.C. legislature has relaxed the Prosecution's ethical duties.

CharlotteObserver.Com, Jury acquits Michael Mead, accused of killing pregnant fiancée, 07/13/11

North Carolina Highway Patrolman Edward S. Wyrick wrongfully arrested Gina Tessener for Driving While Impaired (DWI) last month in Wilmington, NC. Mrs. Tessener exercised her legal right to refuse roadside sobriety tests. She subsequently blew .00 on an intoxilizer.

Mrs. Tessener's actions angered Trooper Wyrick, who texted Trooper Andrew M. Smith "This woman refused all roadside testing, and blew .00," "Her husband is a trial lawyer and told me I should be ashamed of myself." Trooper Smith
responded: "Hahahaha fuck her and fuck him. She say how much she'd had to drink?" Trooper Wyrick wrote back: "She said 1 drink at 7pm." Trooper Smith responded "Fuck her,"

Mr. Tessener followed Trooper Wyrick's patrol car (with his wife in custody) to the jail for his wife to appear before the magistrate. According to Mr. Tessener, Trooper Wyrick sped up crossing the bridge into Wilmington and turned off the road, while Trooper Smith pulled Mr. Tessener for unidentified reasons. Trooper Smith requested Mr. Tessener perform field sobriety tests on Mr. Tessener, but didn't charge Mr. Tessener. The two Troopers continued to communicate in an unprofessional manner regarding Mr. Tessener's improper traffic stop.

Mrs. Tessener's charges have been dropped due to lack of evidence. Mr. Tessener was not charged with any violations. Both Troopers have been placed on desk duty pending the results of an ongoing investigation.

This story serves as yet another example of improper conduct by law enforcement. The North Carolina Highway Patrol in particular has a particular poor record of conduct. The story further serves as a reminder that the public unfortunately cannot always depend upon law enforcement to perform their duties in an appropriate manner, making the assistance of effective legal counsel crucial.

If you are charged with a criminal charge or traffic citation in Charlotte, North Carolina, it is imperative that you consult a Charlotte criminal defense attorney regarding the specifics of your case. There are a variety of factors in a criminal / traffic matter that must be analyzed, including the actions of law enforcement.

NewsObserver.com, Troopers Texted About Drivers, 07/06/11