Cases involving Barber, CON await in-person North Carolina Court of Appeals hearings – Carolina Journal


Cases involving a high-profile political activist and controversial state medical regulations await the North Carolina Court of Appeals as it returns to regular in-person hearings this week.

The state’s second highest court recently announced that it will resume its regular program of in-person oral arguments with the start of its fall session. The three-judge panels of the Court of Appeal will resume hearing cases on Tuesday, August 10.

Among the first cases on the docket is an appeal in a 2017 trespassing case involving Reverend William Barber. Former head of state NAACP and current co-chair of activist Poor People’s Campaign, Barber was arrested four years ago in connection with a protest at the state Legislative Building.

Convicted of second-degree trespassing in 2019 and fined $ 200 and court costs, Barber continues to fight the conviction. Justices Chris Dillon, Lucy Inman and Jeff Carpenter are scheduled to hear the case against Barber on Wednesday, August 11.

Another case in the North Carolina Court of Appeals that week will once again highlight the state’s controversial Certificate of Necessity law. This law requires North Carolina health care providers to obtain state government approval before adding new hospital beds, expanding facilities, or purchasing major medical equipment.

The latest CON dispute stems from the destruction of a magnetic resonance imaging, MRI scanner, during an office move in 2018. State regulators have cleared the owner of the MRI machine, the Bone and joint surgery clinic, to replace its broken scanner with improved equipment.

But competitor Wake Radiology challenged the decision. Today, Wake Radiology is fighting the subsequent decision by state regulators to allow Bone and Joint’s new MRI scanner to be used for more purposes than the original CON allowed.

Justices Richard Dietz, Allegra Collins and Fred Gore will take a look at the complexities of the CON Law on Tuesday.

“The 15 justices of the Court of Appeal look forward to holding oral arguments in person in the fall,” Chief Justice Donna Stroud said in a statement. “And while we look forward to welcoming lawyers, litigants and the public back to our Court, we will also continue to use some innovations adopted as a result of the pandemic as these innovations improve access to the public. public at the Court and improve the quality of life of the Court. operations. “

As of April 2021, the Court of Appeal has heard most of Webex’s arguments, the statement said. The court has begun to hear some arguments in person in cases where parties request in-person arguments. Temporary security measures in place during the spring in-person hearings expired on June 15.

The court plans to maintain a major change adopted during the pandemic. All in-person and remote arguments in the future will be recorded and streamed live online, according to the press release.


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