State v. Hennis - H. Gerald Beaver served as lead counsel for Timothy B. Hennis, a Fort Bragg NC Army sergeant, who was charged in 1985 with triple-homicide of a young woman and two small children in a Jeffrey McDonald copy-cat "whodunit" in Fayetteville, NC. After the first trial ended in Sgt. Hennis' conviction and triple death sentence, Beaver successfully sought a new trial before the North Carolina Supreme Court. Beaver and his firm continued to represent Sgt. Hennis in a retrial held in Wilmington, NC in 1989 which resulted in an acquittal and the release of Sgt. Hennis from NC's death row. The case is the subject of the book "Innocent Victims" (Onyx Publishing,1993) and a 4-hour ABC mini-series of the same name.
Jean v. Collins 107 F.3d 1111 (4th Cir. 1997); 155 F.3d 701 (4th Cir. 1998)(en banc), vacated and remanded, ___ U.S.___ (June 1, 1999); 221 F.3d 656 (4th Cir. 2000) (en banc) - Partners Rick Glazier and Rebecca Britton fought an eight year battle for Lesly Jean, a Camp Lajeune Marine who was imprisoned for nearly 9 years for a crime he did not commit. Jean was convicted and received two life sentences for a brutal rape in Jacksonville, NC. Evidence later showed that Jacksonville police had hypnotized the rape victim, using Jean's photograph as her suggested attacker. This information was never turned over by police. In 1991, after the hypnosis was discovered, Jean's conviction was overturned and he was released, but not exonerated. Glazier and Britton represented Jean in a suit against the police officers who withheld evidence. The attorneys also sought to clear Jean's military record and to prove his innocence. After a long and protracted battle through the Fourth Circuit Court of Appeals and the U.S. Supreme Court, it was decided that Jean had no legal remedy against the police officers who were responsible for his wrongful imprisonment. During the years of appeals, Glazier and Britton managed to get Jean's military discharge changed to honorable and establish his full Veteran's benefits. They also managed to track down the fluid evidence used in Jean's criminal trial and obtained a court order allowing DNA analysis. On January 12, 2001, after 18 years, DNA analysis conclusively proved that Lesly Jean was innocent. With that undeniable evidence in hand, Glazier and Britton obtained a pardon for Jean from the governor of North Carolina and were able to seek compensation for him from the State of North Carolina for his wrongful imprisonment. Later in 2001, Glazier and Britton lobbied the North Carolina Legislature for an increase in the compensation allowed for individuals who are wrongfully imprisoned. Through their efforts that amount available was doubled by the legislature in the fall of 2001. They also successfully lobbied for passage of the Innocence Protection Act which would make DNA analysis available to those that are accused or convicted and insist on their innocence.
Spell v. McDaniel 824 F2d 1380 (4th Cir. 1989) - Long before anyone had heard of Rodney King, H. Gerald Beaver became a pioneer in the area of civil rights law by representing Henry Z. Spell, a twenty-seven year old drug arrestee who was wrongfully assaulted by a municipal police officer, kneed in the groin, and was thereby rendered sterile. The case was notable, not only for the facts of the specific assault, but also for its precedent setting method of establishing municipal responsibility for police misbehavior. The litigation resulted in Spell collecting in excess of $1.4 million dollars for his injury.
Graham v. Connor 496 U.S. 386 (1989) - In this appearance before the Supreme Court of the United States, H. Gerald Beaver and Richard B. Glazier received the Courts' unanimous agreement in a decision rejecting the government's argument that a civil rights plaintiff must establish that the offending officer acted "maliciously, sadistically, and for the very purpose of causing injury" in order to prevail in a police brutality claim. Instead, the Court ruled the officers' actions must be judged under an "objective standard of 'reasonableness'."
State v. Ransom, 74 N.C.App. 716, 329 S.E.2d 673 (1985) - F. Thomas Holt III successfully appealed the sentence of a defendant convicted of both breaking and entering and larceny when the trial court consolidated the offenses for purposes of sentencing and also found an aggravating factor resulting in an enhanced sentence. The North Carolina Court of Appeals agreed that the sentencing judge could not legally sentence the Defendant to more time in prison than the maximum sentence for one offense after consolidating them for judgment. The Court also found that the State's attempt to "amend" the sentence by way of a Motion for Appropriate Relief was ineffective since the imposition of an excessive sentence was not error from which the State may appeal.
Pinckney v. Van Damme - H. Gerald Beaver served as lead counsel with Richard B. Glazier heading up the appeal for Jackson "Rock" Pinckney, a movie "extra" who lost an eye when struck with a prop knife wielded by movie star Jean-Claude Van Damme in a fight scene during the filming of the motion picture "Cyborg". For his loss, Pinckney received a jury verdict of $485,000. The case later was featured on Court TV.
Rehm v. Rehm, 104 N.C.App 490, 409 S.E.2d 723 (1991) - F. Thomas Holt III successfully defended a motion for contempt against his client due to his non-payment of alimony, contending at trial that the wife had cohabited with a member of the opposite sex, which was a terminating event for alimony otherwise payable pursuant to the parties' separation agreement. The evidence produced at trial revealed that the wife was involved in a relationship that had lasted almost one year; that although the wife's boyfriend maintained a separate residence, he spent the night at the wife's residence as many as five times per week; that the boyfriend had been observed leaving the wife's home dressed in different clothing than what he wore the night before and kissed the wife as he left for his employment each morning, and had traveled with the wife accompanied by her child for trips exceeding one day. The North Carolina Court of Appeals found that this evidence supported the trial court's finding of cohabitation pursuant to North Carolina law. The trial court's decision to find husband not to be in contempt for his nonpayment, and also terminating any obligation of the husband to pay future alimony, was affirmed.
Rand v. Gardner - H. Gerald Beaver served as lead counsel for Anthony Rand, the unsuccessful Democratic party candidate for Lieutenant Governor of North Carolina in the general election of 1988 in a suit against then incumbent Lieutenant Governor Jim Gardner regarding allegations Gardner made against Rand in television and radio advertisements. The suit concluded with Gardner extending a public apology to Rand.
