North Carolina Supreme Court Decisions 2013
Date: December 20, 2013
Docket Number: 40PA13
Justia Opinion Summary: The trial court entered two orders, the first of which ceased reunification efforts between Mother and her children, and the second of which terminated Mother's parental rights. Mother appealed, arguing that the trial…
Date: November 8, 2013
Docket Number: 24PA12
Justia Opinion Summary: Plaintiff suffered a compensable injury while working for Defendant. Since Plaintiff's injury, his wife (Wife) attended to his needs. The North Carolina Industrial Commission later determined that Plaintiff required…
Date: November 8, 2013
Docket Number: 424A12
Justia Opinion Summary: Defendant Corinna and her husband founded Piedmont Southern Air Freight, a shipping company. Corinna later delegated responsibility and authority for the company to her son Jack. Jack partnered with Larry to create…
Date: November 8, 2013
Docket Number: 57PA12-2
Justia Opinion Summary: Greensboro police officers recovered a firearm ten to twelve feet from a car in which Defendant, a convicted felon, was a passenger. Defendant was arrested and later confessed that the firearm belonged to him. After a…
Date: November 8, 2013
Docket Number: 5PA12-2
Justia Opinion Summary: Plaintiffs sought a judicial determination that the 2011 legislative changes made to North Carolina's pre-kindergarten program failed to comply with the state's constitutional obligations recognized in Leandro v. State…
Date: October 4, 2013
Docket Number: 122A13
Date: August 28, 2013
Docket Number: 269PA09-2
Justia Opinion Summary: Plaintiffs obtained loans from Defendant, a bank. Plaintiffs later, on behalf of themselves and all those similarly situated, filed a complaint alleging that Defendant's loan transactions violated North Carolina's unfair…
Date: August 28, 2013
Docket Number: 384PA12
Justia Opinion Summary: Plaintiff and Defendants formed a limited liability company. The operating agreement contained an arbitration provision providing that any dispute arising out of the operating agreement shall be settled by arbitration.…
Date: June 27, 2013
Docket Number: 235PA10
Justia Opinion Summary: After a trial, Defendant was convicted of possession of cocaine. The court of appeals reversed and ordered a new trial, concluding that Defendant's Confrontation Clause rights were violated when the trial court permitted…
Date: June 27, 2013
Docket Number: 275PA11
Justia Opinion Summary: After a trial, Defendant was convicted of possession of cocaine and attaining a habitual felon status. The court of appeals reversed and awarded Defendant a new trial, holding that the testimony of a forensic scientist…
Date: June 27, 2013
Docket Number: 322PA10
Justia Opinion Summary: After a trial, Defendant was convicted of several drug-related counts. The court of appeals vacated Defendant's convictions for two counts of conspiracy to sell or deliver cocaine and one count of sale or delivery of…
Date: June 27, 2013
Docket Number: 329PA11
Justia Opinion Summary: After a jury trial, Defendant was convicted of possession of cocaine. The court of appeals reversed, holding that the testimony of an expert in forensic science as to her opinion that the substance found in Defendant's…
Date: June 27, 2013
Docket Number: 533PA10
Justia Opinion Summary: After a jury trial, Defendant was convicted of possession with intent to sell or deliver cocaine, and Defendant thereafter admitted his habitual felon status. Defendant appealed, arguing that the admission of testimony…
Date: June 13, 2013
Docket Number: 161A12
Justia Opinion Summary: Plaintiff sold a parcel of land adjacent to a golf club to New South Properties (New South) for development as a residential community. New South hired Hunter Construction Group (Hunter) to prepare the parcel for…
Date: June 13, 2013
Docket Number: 243PA12
Justia Opinion Summary: After a house on property belonging to a motorcross park caught fire, an investigator for property's insurer (Farm Bureau) found evidence of arson. The investigator's findings also included allegations that the park's…
Date: June 13, 2013
Docket Number: 25A13
Justia Opinion Summary: Plaintiffs were the parents of Defendant's former husband, Tyson. Defendant and Tyson began living on a twenty-three-acre parcel of land owned by Plaintiffs in 1984. Defendant and Tyson made several improvements to eight…
Date: June 13, 2013
Docket Number: 409A12
Justia Opinion Summary: Plaintiff filed a complaint against Harvey and Barbara Parrish, alleging that Defendants negligently stored their firearm, which Defendants' fifty-two-year-old son Bernie stole from their home and used to shoot…
Date: June 13, 2013
Docket Number: 450PA12
Justia Opinion Summary: After filing for divorce from Defendant, Plaintiff sought alimony and attorney's fees. The district court ordered Defendant to pay Plaintiff alimony but reserved the issue of attorney's fees for later determination.…
Date: June 13, 2013
Docket Number: 48PA11-2
Justia Opinion Summary: After a jury trial, Defendant was convicted of possession with intent to manufacture, sell, or deliver cocaine and possession of drug paraphernalia. The court of appeals affirmed. Defendant subsequently filed a motion…
Date: April 12, 2013
Docket Number: 268A12
Justia Opinion Summary: Duke Energy Carolinas, LLC (Duke) filed an application with the North Carolina Utilities Commission (Commission) to increase its state retail electric service rates approximately 15.2 percent over current revenues. The…
Date: April 12, 2013
Docket Number: 451PA12
Justia Opinion Summary: Defendant was driving a vehicle that stopped in the middle of the road and appeared to initiate a three-point turn by beginning to turn left and continuing onto the shoulder of the road. A highway patrol trooper…
Date: April 12, 2013
Docket Number: 507PA11
Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree sexual offense based on insertion of male sex organ into the mouth of the alleged victim and first-degree sex offense based on insertion of the male sex organ…
Date: March 8, 2013
Docket Number: 127A12
Justia Opinion Summary: The parties in this case were the City of Lumberton and four companies that ran promotional sweepstakes as part of their business plans. In 2010, the City amended its existing privilege license tax on businesses that…
Date: March 8, 2013
Docket Number: 363PA11
Justia Opinion Summary: Defendants were charged with a number of violations of the North Carolina Controlled Substances Act, including trafficking in twenty-eight grams or more of a mixture containing opium. Defendants moved to dismiss the…
Date: March 8, 2013
Docket Number: 45A12
Justia Opinion Summary: Defendant was named in two indictments and entered a negotiated plea in each. The trial judge found beyond a reasonable doubt the aggravating factor that Defendant took advantage of a position of trust, then sentenced…
Date: March 8, 2013
Docket Number: 554PA11
Justia Opinion Summary: In 2005, Tonya Bass executed an adjustable rate promissory note with Mortgage Lenders Network USA. The Note was then transferred several times: from Mortgage Lenders to Emax Financial Group, from Emax to Residential…
Date: January 25, 2013
Citation: 366 N.C. 351
Docket Number: 128A12
Justia Opinion Summary: In 2007, Brunswick County conducted an authorized appraisal of all property in the County. However, in 2008, which was not a statutorily designated year for setting property values for tax purposes, the County reassessed…
Date: January 25, 2013
Citation: 366 N.C. 332
Docket Number: 201PA12
Justia Opinion Summary: Plaintiffs filed suits challenging the constitutionality of recently enacted redistricting plans and seeking a preliminary injunction to prevent Defendants from conducting elections using the redistricting plans.…
Date: January 25, 2013
Citation: 366 N.C. 371
Docket Number: 294A12
Date: January 25, 2013
Citation: 366 N.C. 360
Docket Number: 33PA12
Justia Opinion Summary: Defendant, in his role as department head, wrote an annual review of Plaintiff, a tenured associate professor, in which Defendant concluded that Plaintiff did not meet the department's expectations and had engaged in…
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