North Carolina Supreme Court Decisions 2011
Date: December 9, 2011
Citation: 365 N.C. 322
Docket Number: 419PA10
Date: December 9, 2011
Citation: 365 N.C. 306
Docket Number: 479PA10
Justia Opinion Summary: Defendant was convicted of possession with intent to sell and deliver cocaine and sale of cocaine and pled guilty to habitual felon status. The court of appeals reversed the trial court's denial of Defendant's motion to…
Date: December 9, 2011
Citation: 365 N.C. 314
Docket Number: 64PA11
Justia Opinion Summary: After a jury trial, Defendant Thomas Starr was convicted of four counts of assaulting a firefighter with a firearm. Defendant filed a petition for writ of certiorari, arguing that the trial court erred in failing to…
Date: November 10, 2011
Citation: 365 N.C. 304
Docket Number: 260A11
Date: November 10, 2011
Citation: 365 N.C. 292
Docket Number: 365PA10
Justia Opinion Summary: After a Davidson College campus police officer stopped Defendant Julie Yencer's vehicle, the officer arrested Defendant for driving while impaired (DWI) and reckless driving. Defendant pled guilty to DWI but reserved her…
Date: November 10, 2011
Citation: 365 N.C. 305
Docket Number: 390PA10
Date: October 7, 2011
Citation: 365 N.C. 262
Docket Number: 417PA10
Justia Opinion Summary: Plaintiff Penny Cummings filed a medical malpractice action against Defendants, a doctor and a health care facility. The trial court entered judgment for Defendants after a jury found that Defendants were not liable for…
Date: October 7, 2011
Citation: 365 N.C. 279
Docket Number: 458PA10
Justia Opinion Summary: A jury found Defendant Nakia Nickerson guilty of felonious possession of stolen goods. Defendant appealed, arguing that the trial court erred by not instructing the jury on unauthorized use of a motor vehicle, contending…
Date: October 7, 2011
Citation: 365 N.C. 283
Docket Number: 94A11
Justia Opinion Summary: Defendant Roger Moore was convicted of obtaining property by false pretense and was sentenced to six to eight months in prison, suspended subject to supervised probation. As a condition of his probation, Defendant was…
Date: October 7, 2011
Citation: 365 N.C. 273
Docket Number: 134A11
Justia Opinion Summary: Defendant Eugene Hill was convicted of robbery with a dangerous weapon for taking $100 from the victim by means of threatening the use of a sharp object. Defendant appealed, arguing that the trial court erred by denying…
Date: October 7, 2011
Citation: 365 N.C. 242
Docket Number: 213PA10
Justia Opinion Summary: Petitioners in this action were inmates who had been sentenced to death by lethal injection. Respondent, North Carolina Council of State, approved the lethal injection protocol after it was submitted to the Council by…
Date: August 26, 2011
Citation: 365 N.C. 215
Docket Number: 409A10
Justia Opinion Summary: Defendant Khuram Choudhry was convicted of first-degree murder and sentenced to life without parole. Defendant appealed, arguing that the trial court conducted an adequate inquiry pertaining to defense counsel's possible…
Date: August 26, 2011
Citation: 365 N.C. 227
Docket Number: 418A10
Justia Opinion Summary: Richard Lee was pulled over for speeding and taken to an intake center to undergo chemical analysis of his blood alcohol level. Lee did not agree to take the test despite a police officer's admonitions that Lee's driving…
Date: August 26, 2011
Citation: 365 N.C. 235
Docket Number: 447PA09-2
Justia Opinion Summary: After two decades of marriage, William and Teresa Underwood divorced. The district court entered a consent order requiring William to make monthly alimony payments to Teresa. Ten years later, William asked the trial…
Date: June 16, 2011
Docket Number: 423A10-1
Justia Opinion Summary: Defendant Benzion Biber was indicted for felonious possession of cocaine. Prior to trial defendant filed a motion to suppress evidence. The trial court denied the motion. Defendant appealed, arguing that the trial…
Date: June 16, 2011
Docket Number: 48A08-1
Justia Opinion Summary: A jury found defendant Mario Phillips guilty of four counts of first-degree murder. The jury also found defendant guilty of first-degree kidnapping, attempted first-degree murder, assault with a deadly weapon with intent…
Date: June 16, 2011
Docket Number: 150A10-1
Justia Opinion Summary: Morris Communications Corporation d/b/a Fairway Outdoor Advertising (Fairway) sought to re-erect a sign after its lawfully constructed sign was condemned by the DOT. Fairway applied for and received a sign permit for the…
Date: June 16, 2011
Docket Number: 267PA10-1
Justia Opinion Summary: Gervis Sadler owned a house that he insured through a limited-peril policy issued by North Carolina Farm Bureau Mutual Insurance Company (Farm Bureau). Farm Bureau adjusters investigated the home on two separate…
Date: June 16, 2011
Docket Number: 369PA10-1
Justia Opinion Summary: Following a termination of parental rights (TPR) hearing, the trial court entered an order terminating both parents' parental rights to J.H.K. and J.D.K. The father appealed, arguing that the trial court erred in…
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