And The Last Word Is...

They say everything is bigger in Texas. At least that is what we are told. The Hypotenuse has been there. In fact, I have family in Texas and usually visit around the Holidays during the even numbered years in which the Summer and Winter Olympics are held. I'm not sure if everything is indeed bigger there, but I am sure Texans think everything is bigger there.

Well, here is an interesting development out of the Lone Star State. The Texas Department of Criminal Justice has created a website with the last words of all of the inmates who were executed on death row in Texas. No matter your thoughts on the death penalty, and The Hypotenuse is not gonna even think about touching that issue, I thought the website was interesting.

http://www.tdcj.state.tx.us/stat/executedoffenders.htm

By: Drew S. Sprague

Lake Lure, NC Will Hold Memorial For Patrick Swayze

North Carolinians looking for a way to remember Patrick Swayze now have their chance. Lake Lure, NC, the original filming site for Dirty Dancing, is hosting a memorial service for the actor this weekend. The memorial service will be held at Firefly Cove, the housing development that served as Camp Chimney in Dirty Dancing.

Here are the details:

http://www.usmagazine.com/moviestvmusic/news/dirty-dancing-town-to-hold-patrick-swayze-memorial-2009179

I'm thinking the phrase, "Noboby puts Baby in a corner" will be overheard at the service. R.I.P. Mr. Swayze.

Photo Credit: Bruce Gifford/FilmMagic

by: Drew S. Sprague

Raleigh Lawyer May Take Down The NCAA

It's not often that the NCAA gets taken down. But, a Raleigh lawyer may be in the process of doing just that. A member of the Wake County bar argued in court the letters of intent signed by high school athletes to attend a particular college do not meet the requirements for a contract under North Carolina law.

In order to sign a valid contract in North Carolina, you must be an adult. Hence, children under the age of 18 cannot sign a contract because, in legal terms, the court has ruled that they do not have the capacity to form a contract, since children are minors. Considering most of the student athletes who sign a national letter of intent to play college sports are under the age of majority, this Raleigh case may set precedent that the NCAA letters of intent are not valid contracts and therefore unenforceable.

Check out the article.

http://www.wralsportsfan.com/college_basketball/story/5971174/

The NCAA is one of the last monopolies still in existence in America. It would be nice to see a Raleigh guy take them down. Plus, if this case or a future case creates precedent, NCAA recruiting will be forever changed.

By: Drew S. Sprague

I'm Not A Shark, But I've Been Around A Few

The ole analogy persists of the trial lawyer as a shark. I can firmly say that I am not a shark, but I've been around a few. And I definitely know how to handle them. In fact, when I was down in Miami for the Orange Bowl a few years ago, I was stung by a jelly fish that some in our traveling party compared to a shark.

Well, for those of you trying to enjoy the last few weeks of summer vacation in North Carolina, you may want to be mindful of the sharks off the North Carolina coast. Beware, these pictures are a little frightening for all of you surfers, sunbathers, and beach goers.

Check out the shark pictures from Scott Taylor Photography, Inc.:

http://www.scotttaylorphoto.com/sharks09/index.htm

The pictures originally ran in The News & Observer accompanied with this article:

http://www.newsobserver.com/news/story/1654721.html

Make sure to stay safe as you squeeze out the last few weeks of summer. And if you need to deal with some legal sharks, be sure to contact a lawyer.

by: Drew S. Sprague

Texting While Driving Banned in North Carolina

After a little research, I am now ready to discuss the most popular legal topic, by a very wide margin, from the loyal readers of The Hypotenuse. The focus groups (or really just a small polling among close friends) have determined that North Carolinians want to know about the new law passed by the North Carolina General Assembly banning texting while driving.

Well, here is the law itself banning texting while driving.

http://sogweb.sog.unc.edu/blogs/ncclaw/?tag=texting

Note, the law only applies while the vehicle is in operation. Therefore, if you are parked, you can still text in your car. But, you may want to turn off the engine and remove the keys, just to be on the safe side of the law. Also, the new law makes it "unlawful to read email or text messages while driving." Even reading a text is illegal.

Below are a couple of links from The News & Observer discussing the new law and its ramifications on the North Carolina roads.

The first article highlights that you can still use a GPS navigation system. So if you happen to have a GPS device on your phone, that could be a very good defense to a texting while driving charge.

http://www.newsobserver.com/248/story/1642254.html

The second article is one reporter's take on the texting while driving situation in North Carolina.

http://www.newsobserver.com/business/technology/story/1649941.html

To all my South Carolina and Virginia buddies out there, when you cross the state line into North Carolina, you better go ahead and put the Blackberry or iphone down.

Remember, this law takes effect on December 1, 2009, so those of you who are addicted to the handheld better get your fix of texting while driving before December 1. Also remember, this blog is no way creates an attorney client relationship. If you need some actual advice, you gotta call.

Finally, my realtor, Johnny Wehmann, would like to remind everyone that a good way to remember the date that the texting while driving ban takes effect is that the law takes effect on December 1, 2009, which happens to be the same day that the $8,000 tax credit for buying a new home expires. So fellow North Carolinians, you need to stop texting while driving and go buy a house before December 1, 2009.

By: Drew S. Sprague