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Articles by Joseph Hyde
Case Summaries: N.C. Court of Appeals (Dec. 3, 2025)
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on December 3, 2025. Trial court did not err by admitting expert testimony on historical cell-site handoff analysis; Defendants failed to preserve an objection to an alleged discovery violation; and Defendants failed to show ineffective assistance of counsel in not objecting to the expert testimony. State v. Allen & Rush, No. COA25-336 (N.C. Ct. App. Dec. 3, 2025) (Forsyth County).
A Nice Knock-Down Argument: Statutory Construction in Jenkins and Hardaway.
Under G.S. 14-34.10, it is a felony for any person to discharge a firearm within any occupied enclosure, such as a motor vehicle, with the intent to incite fear in another. G.S. 14-34.10. In State v. Jenkins, No. COA24-889 (N.C. Ct. App. Aug. 6, 2025), the Court of Appeals held that the plain language of … Read more The post A Nice Knock-Down Argument: Statutory Construction in Jenkins and Hardaway. appeared first on North Carolina Criminal Law.
Case Summaries: N.C. Court of Appeals (Sept. 17, 2025)
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on September 17, 2025. Trial court erred by conducting summary criminal contempt proceedings when the defendant’s conduct constituted indirect criminal contempt. State v. Brinkley, No. COA24-681 (N.C. Ct. App. Sept. 17, 2025) (Pasquotank County). In April 2023, the defendant pled … Read more The post Case Summaries: N.C. Court of Appeals (Sept. 17, 2025) appeared first on North Carolina Criminal Law.
Confession and Avoidance: Self-defense in State v. Myers
The defendant presented competent evidence tending to show that he was acting in self-defense when he shot Raquan Neal, the Court of Appeals recently said in State v. Myers, No. COA24-435 (N.C. Ct. App. Nov. 19, 2024), and the trial court’s failure to instruct on self-defense was error. Reciting both the common law and the statutory test for self-defense, the opinion in Myers seems to represent a straightforward application of settled law – except for one thing.
[2307.16760] Proof of the Kohayakawa--Kreuter conjecture for the majority of cases
For graphs $G, H_1,\dots,H_r$, write $G \to (H_1, \ldots, H_r)$ to denote the property that whenever we $r$-colour the edges of $G$, there is a monochromatic copy of $H_i$ in colour $i$ for some $i \in \{1,\dots,r\}$.
Natural persons only: Federal Court clarifies superannuation entitlements
In Jamsek v ZG Operations Australia Pty Ltd (No 3) [2023] FCAFC 48 (‘Jamsek No 3’), the Full Federal Court confirmed that only natural persons are entitled to superannuation guarantee contributions, which excludes workers providing services through corporations, trusts and partnerships. The case involved truck drivers who owned and supplied their own trucks and contracted through their partnerships with ZG Operations.
Understanding your organisation’s rights if the Fair Work Ombudsman issues a Notice to Produce
Under section 712 of the Fair Work Act 2009 (FW Act), the Fair Work Ombudsman (FWO) is empowered to issue to a person notices to produce (NTP) records or documents to the inspector. In this article, Emily Haar, Partner, and Joseph Hyde, Associate, examine the legal requirements for NTPs to be valid, and what organisations should do when they receive one. The power of the FWO, which is exercised through its appointed inspectors, to issue NTPs is constrained by section 706 of the FW Act.
Employment Relations Podcast #30: Industrial Relations in 2022 and Beyond: Year in Review
Click here to listen to the audio. It’s summertime in Australia and things are winding down, right?
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