consideration factors in North Carolina

2008While evidence of a lengthy pretrial incarceration, standing alone, may be insufficient to establish that a defendant's right to a speedy trial has been violated; see Spivey, 357 N.C. 114 , 579 S.E.2d 251 ; and Hammonds, 141 N.C.App. 152 , 541 S.E.2d 166 , our Supreme Court has nonetheless stated that evidence of an oppressive pretrial incarceration is an important consideration in our analysis.

2008While evidence of a lengthy pretrial incarceration, standing alone, may be insufficient to establish that a defendant's right to a speedy trial has been violated; see Spivey, 357 N.C. 114 , 579 S.E.2d 251 ; and Hammonds, 141 N.C.App. 152 , 541 S.E.2d 166 , our Supreme Court has nonetheless stated that evidence of an oppressive pretrial incarceration is an important consideration in our analysis.

2008Webster, 337 N.C. at 681 , 447 S.E.2d at 352 . "[T]ime spent in jail awaiting trial has a detrimental impact on the individual.

2008Webster, 337 N.C. at 681 , 447 S.E.2d at 352 . "[T]ime spent in jail awaiting trial has a detrimental impact on the individual.

2021Wetherington I, 368 N.C. at 593 , 780 S.E.2d at 548 .

2021Wetherington I, 368 N.C. at 593 , 780 S.E.2d at 548 .

2021In considering the effect of overruling Nevada v. Hall, the Supreme Court “acknowledge[d] that some plaintiffs, such as Hyatt,” had demonstrated reliance upon Hall “by suing sovereign States.” Hyatt III, ___ U.S. at ___, 203 L.

2021In considering the effect of overruling Nevada v. Hall, the Supreme Court “acknowledge[d] that some plaintiffs, such as Hyatt,” had demonstrated reliance upon Hall “by suing sovereign States.” Hyatt III, ___ U.S. at ___, 203 L.

2021The presumption of retrospectivity “is one of judicial policy, and should be determined by a consideration of such factors as reliance on the prior decision, the degree to which the purpose behind the new decision can be achieved solely through prospective application, and the effect of retroactive application on the administration of justice.” Id. ¶ 39 Hyatt III appears to portend its own retroactive application.

2021The presumption of retrospectivity “is one of judicial policy, and should be determined by a consideration of such factors as reliance on the prior decision, the degree to which the purpose behind the new decision can be achieved solely through prospective application, and the effect of retroactive application on the administration of justice.” Id. ¶ 39 Hyatt III appears to portend its own retroactive application.

2012Second, although under Warren the SPC may not require an agency to satisfy the burden of proving a rational nexus between off-duty non-criminal conduct and an employee’s ability to perform, the SPC’s consideration of factors relevant to the rational nexus analysis— including the likelihood of recurrence, extenuating, aggravating, and mitigating circumstances, and the blameworthiness of the motives of the conduct, Eury, 115 N.C.

2012App. at 611 , 446 S.E.2d at 396 — does not necessarily warrant a finding of prejudice.

2012In light of this consideration, we cannot characterize the court’s subsequent denial of Defendant’s motion for a mistrial as “so arbitrary that it could not have been the result of a reasoned decision.” Hayes, 314 N.C. at 471 , 334 S.E.2d at 747 .

2012In light of this consideration, we cannot characterize the court’s subsequent denial of Defendant’s motion for a mistrial as “so arbitrary that it could not have been the result of a reasoned decision.” Hayes, 314 N.C. at 471 , 334 S.E.2d at 747 .

2012These actions reflect the trial court’s consideration of defense counsel’s potential conflict of interest to the extent it believed was “adequate and sufficient.” Id.

2010Despite varying approaches, “courts throughout the nation have been unwavering in their attempt to reach an equitable outcome when it comes to determining a party’s income for child support,” Gangwish, 678 N.W.2d at 515 , and we attempt to do the same.

2009Laches may “supplement[] the law[,]” Zebulon, 216 N.C. at 522 , 5 S.E.2d at 537 , and “what delay will constitute laches depends upon the facts and circumstances of each case.” Williams, 357 N.C. at 181 , 581 S.E.2d at 424 . *103 We turn now to a consideration of whether the doctrine of laches was correctly applied by the Full Commission in this case.

2009Laches may “supplement[] the law[,]” Zebulon, 216 N.C. at 522 , 5 S.E.2d at 537 , and “what delay will constitute laches depends upon the facts and circumstances of each case.” Williams, 357 N.C. at 181 , 581 S.E.2d at 424 . *103 We turn now to a consideration of whether the doctrine of laches was correctly applied by the Full Commission in this case.

2009Laches may “supplement[] the law[,]” Zebulon, 216 N.C. at 522 , 5 S.E.2d at 537 , and “what delay will constitute laches depends upon the facts and circumstances of each case.” Williams, 357 N.C. at 181 , 581 S.E.2d at 424 . *103 We turn now to a consideration of whether the doctrine of laches was correctly applied by the Full Commission in this case.

2009Laches may “supplement[] the law[,]” Zebulon, 216 N.C. at 522 , 5 S.E.2d at 537 , and “what delay will constitute laches depends upon the facts and circumstances of each case.” Williams, 357 N.C. at 181 , 581 S.E.2d at 424 . *103 We turn now to a consideration of whether the doctrine of laches was correctly applied by the Full Commission in this case.

2007The trial court’s conclusions reflect a consideration of the factors outlined in Coronel. 145 N.C.

2007App. at 248 , 550 S.E.2d at 569 .

2000I n Johnson v. Georgia Highway Express, Inc. , 488 F.2d 714 (5 th Cir. 1974), the Fifth Circuit first applied a multiple-factor approach to determining court-awarded attorney fees.

1985Barker v. Wingo, 407 U.S. 514 , 92 S.Ct. 2182 , 33 L.Ed.2d 101 (1972).

1985Barker v. Wingo, 407 U.S. 514 , 92 S.Ct. 2182 , 33 L.Ed.2d 101 (1972).

1963Jackson v. Joyner, 236 N.C. 259 , 72 S.E. 2d 589 .” However, for the reasons stated in Jones v. Aircraft Co., 253 N.C. 482 , 117 S.E. 2d 496 , the quoted statement was not the basis of decision on first appeal.

1963Jackson v. Joyner, 236 N.C. 259 , 72 S.E. 2d 589 .” However, for the reasons stated in Jones v. Aircraft Co., 253 N.C. 482 , 117 S.E. 2d 496 , the quoted statement was not the basis of decision on first appeal.

1963Jackson v. Joyner, 236 N.C. 259 , 72 S.E. 2d 589 .” However, for the reasons stated in Jones v. Aircraft Co., 253 N.C. 482 , 117 S.E. 2d 496 , the quoted statement was not the basis of decision on first appeal.

1963Jackson v. Joyner, 236 N.C. 259 , 72 S.E. 2d 589 .” However, for the reasons stated in Jones v. Aircraft Co., 253 N.C. 482 , 117 S.E. 2d 496 , the quoted statement was not the basis of decision on first appeal.

1963In Jones v. Aircraft Co., 251 N.C. 832, 834 , 112 S.E. 2d 257 , the opinion states, incident to a consideration of the exception of defendant Douglas to the court’s refusal of nonsuit, that there was evidence sufficient to permit but not to compel a jury to find, inter alia, that “Jones, when he left Charlotte Equipment Company with the crane *26 to work for Boyd & Goforth, became, for the period so employed, the servant of Boyd & Goforth.

1963In Jones v. Aircraft Co., 251 N.C. 832, 834 , 112 S.E. 2d 257 , the opinion states, incident to a consideration of the exception of defendant Douglas to the court’s refusal of nonsuit, that there was evidence sufficient to permit but not to compel a jury to find, inter alia, that “Jones, when he left Charlotte Equipment Company with the crane *26 to work for Boyd & Goforth, became, for the period so employed, the servant of Boyd & Goforth.

1952Atkins v. Transportation Co., 224 N.C. 688 , 32 S.E. 2d 209 ; Bundy v. Powell, 229 N.C. 707 , 51 S.E. 2d 307 ; Rice v. Lumberton, 235 N.C. 227 .

1952Atkins v. Transportation Co., 224 N.C. 688 , 32 S.E. 2d 209 ; Bundy v. Powell, 229 N.C. 707 , 51 S.E. 2d 307 ; Rice v. Lumberton, 235 N.C. 227 .

1952Atkins v. Transportation Co., 224 N.C. 688 , 32 S.E. 2d 209 ; Bundy v. Powell, 229 N.C. 707 , 51 S.E. 2d 307 ; Rice v. Lumberton, 235 N.C. 227 .

1952Atkins v. Transportation Co., 224 N.C. 688 , 32 S.E. 2d 209 ; Bundy v. Powell, 229 N.C. 707 , 51 S.E. 2d 307 ; Rice v. Lumberton, 235 N.C. 227 .

1952Atkins v. Transportation Co., 224 N.C. 688 , 32 S.E. 2d 209 ; Bundy v. Powell, 229 N.C. 707 , 51 S.E. 2d 307 ; Rice v. Lumberton, 235 N.C. 227 .

1946MacMillan v. Trust Co . (1942), 221 N.C. 352 , 20 S.E.2d 276 .

1946MacMillan v. Trust Co . (1942), 221 N.C. 352 , 20 S.E.2d 276 .

1925S. v. Goode, 132 N. C., 982 .