North Carolina Supreme Court Decisions 2012

State v. Lindsey
Date: December 14, 2012
Citation: 366 N.C. 325
Docket Number: 124A12
Barbarino v. Cappuccine, Inc
Date: December 14, 2012
Citation: 366 N.C. 330
Docket Number: 160A12
Hest Techs., Inc. v. State ex rel. Perdue  
Date: December 14, 2012
Citation: 366 N.C. 289
Docket Number: 169A11-2

Justia Opinion Summary: In an effort to regulate gambling, the General Assembly passed N.C. Gen. Stat. 14-306.4, which bans the operation of electronic machines that conduct sweepstakes through the use of an "entertaining display" such as video...

Sandhill Amusements, Inc. v. State of N.C. ex rel. Perdue
Date: December 14, 2012
Citation: 366 N.C. 323
Docket Number: 170A11-2
L&S Water Power, Inc. v. Piedmont Triad Reg'l Water Auth
Date: December 14, 2012
Citation: 366 N.C. 324
Docket Number: 198PA11
High Rock Lake Partners, LLC v. Dep't of Transp.  
Date: December 14, 2012
Citation: 366 N.C. 315
Docket Number: 262PA10-2

Justia Opinion Summary: A property owner sought a driveway permit from the State Department of Transportation (DOT) to connect its proposed subdivision's system of roads to a state road by which the property was accessed. Two railroad companies...

Trivette v. Yount  
Date: December 14, 2012
Citation: 366 N.C. 303
Docket Number: 32A12

Justia Opinion Summary: Plaintiff, a secretary and office assistant at a middle school, was sprayed when a fire extinguisher Defendant was handling was abruptly discharged. Defendant was the principal of the school. Plaintiff sued Defendant, al...

State v. Heien  
Date: December 14, 2012
Citation: 366 N.C. 271
Docket Number: 380PA11

Justia Opinion Summary: Defendant was convicted of attempting to traffic in cocaine by transportation and possession. Defendant appealed the denial of his motion to suppress the evidence obtained during a search of the vehicle in which Defendan...

State v. Rico
Date: December 14, 2012
Citation: 366 N.C. 327
Docket Number: 529A11-2
State v. Lee
Date: December 14, 2012
Citation: 366 N.C. 329
Docket Number: 61PA12
State v. Burrow
Date: December 14, 2012
Citation: 366 N.C. 326
Docket Number: 78A12
Klingstubbins Se., Inc. v. 301 Hillsborough St. Partners, LLC
Date: December 14, 2012
Citation: 366 N.C. 328
Docket Number: 83PA12
Blue Ridge Sav. Bank, Inc. v. Mitchell
Date: December 14, 2012
Citation: 366 N.C. 331
Docket Number: 98A12
In re Foreclosure of Johnson  
Date: October 5, 2012
Citation: 366 N.C. 252
Docket Number: 268A11

Justia Opinion Summary: Respondents in this case were owners of a condominium unit, and Petitioner was the administrator and manager of the condominium. At issue in this case was whether the trial court erred in granting a judgment and dismissa...

In re T.A.S
Date: October 5, 2012
Citation: 366 N.C. 269
Docket Number: 332A11
State v. Oates  
Date: October 5, 2012
Citation: 366 N.C. 264
Docket Number: 397PA11

Justia Opinion Summary: Defendant was indicted for possession of a firearm by a convicted felon. Defendant filed a pretrial motion to suppress the evidence seized pursuant to the search warrant. The State filed a notice of appeal seven days aft...

McAdams v. Safety Kleen Sys., Inc
Date: October 5, 2012
Citation: 366 N.C. 270
Docket Number: 55A12
Mussa v Palmer-Mussa  
Date: August 24, 2012
Citation: 366 N.C. 185
Docket Number: 10A12

Justia Opinion Summary: Plaintiff sought to annul his twelve-year marriage to Defendant on grounds that their marriage was bigamous. The district court concluded that Plaintiff failed to present sufficient evidence to support his claim and dism...

Estate of Williams v. Parks & Recreation Dep't  
Date: August 24, 2012
Citation: 366 N.C. 195
Docket Number: 231PA11

Justia Opinion Summary: Erik Williams drowned at a park owned by defendant county and operated by defendant county parks and recreation department. Williams' estate filed a claim against Defendants alleging negligence. Defendants made a limited...

Craft Dev., LLC v Cnty. of Cabarrus
Date: August 24, 2012
Citation: 366 N.C. 204
Docket Number: 436PA10
Mardan IV v Cnty. of Cabarrus
Date: August 24, 2012
Citation: 366 N.C. 205
Docket Number: 437PA10
Lanvale Props. v County of Cabarrus  
Date: August 24, 2012
Citation: 366 N.C. 142
Docket Number: 438PA10

Justia Opinion Summary: This appeal considered whether defendant County had the authority pursuant to its general zoning powers or, in the alternative, a 2004 law enacted by the General Assembly, to adopt an adequate public facilities ordinance...

State v. Towe  
Date: June 14, 2012
Citation: 366 N.C. 56
Docket Number: 121PA11

Justia Opinion Summary: After a jury trial, Defendant was convicted of three counts of first-degree sexual offense with a child under the age of thirteen and two counts of first-degree statutory rape of a child under the age of thirteen. The co...

State v. Beckelheimer  
Date: June 14, 2012
Citation: 366 N.C. 127
Docket Number: 175PA11

Justia Opinion Summary: After a jury trial, Defendant was convicted of indecent liberties with a child and first-degree sexual offense. At issue on appeal was whether evidence of prior acts was properly admitted against Defendant under N.C. R....

Ray v. N.C. Dep't of Transp.  
Date: June 14, 2012
Citation: 366 N.C. 1
Docket Number: 28A12

Justia Opinion Summary: The driver and passenger of an automobile were killed when the condition of a state-maintained road caused the vehicle to veer off the roadway. The driver lost control of the car and struck an oncoming automobile head-on...

Charlotte-Mecklenburg Hosp. Auth. v Talford  
Date: June 14, 2012
Citation: 366 N.C. 43
Docket Number: 379A11

Justia Opinion Summary: Plaintiff, medical center, sued Defendant, former patient, seeking to recover the value of medical services Plaintiff provided Defendant while he was admitted to its medical center. Plaintiff moved for summary judgment a...

State v. Williams  
Date: June 14, 2012
Citation: 366 N.C. 110
Docket Number: 384A11

Justia Opinion Summary: Defendant reserved her right to appeal from the trial court's denial of her motion to suppress and then pleaded guilty to one count of trafficking in marijuana by possession. The court of appeals affirmed the trial court...

State v. King  
Date: June 14, 2012
Citation: 366 N.C. 68
Docket Number: 385A11

Justia Opinion Summary: Defendant was indicted for first degree rape. Four years later, he was indicted for additional charges of felony child abuse by committing a sexual act on a child, incest, and indecent liberties with a child. The victim...

State v. Salinas  
Date: June 14, 2012
Citation: 366 N.C. 119
Docket Number: 401A11

Justia Opinion Summary: After Defendant appealed his district court conviction for driving while impaired, the superior court granted Defendant's motion to suppress based upon its conclusion that there was not probable cause to stop Defendant's...

Moore v. Proper  
Date: June 14, 2012
Citation: 366 N.C. 25
Docket Number: 443A11

Justia Opinion Summary: The suit arose from Plaintiff's visit to the dentist for a routine tooth extraction, which Plaintiff alleged resulted in a broken jaw. The trial court granted Defendants' motions for summary judgment for Plaintiff's fail...

State v. Bradshaw  
Date: June 14, 2012
Citation: 366 N.C. 90
Docket Number: 456A11

Justia Opinion Summary: Defendant was convicted by a jury of possession of a firearm by a felon and trafficking in cocaine by possession. The court of appeals affirmed the convictions. At issue on appeal was whether the trial court erred in den...

State v. Sweat  
Date: June 14, 2012
Citation: 366 N.C. 79
Docket Number: 472A11

Justia Opinion Summary: Defendant was convicted of one count of rape of a child, two counts of first-degree statutory sexual offense, two counts of sexual offense with a child, and five counts of indecent liberties with a child. The court of ap...

State v Barrow
Date: June 14, 2012
Citation: 366 N.C. 141
Docket Number: 505A11
State v. Otto  
Date: June 14, 2012
Citation: 366 N.C. 134
Docket Number: 523A11

Justia Opinion Summary: Defendant pleaded guilty to driving while impaired, reserving her right to appeal. Defendant subsequently appealed, arguing that the trial court erred in denying her motion to suppress evidence obtained from the stop of...

State v. Moore  
Date: June 14, 2012
Citation: 366 N.C. 100
Docket Number: 524PA11

Justia Opinion Summary: After a jury trial, Defendant was found guilty of committing a misdemeanor sexual battery. Defendant appealed, arguing, inter alia, that the trial court committed plain error by admitting testimony referring to Defendant...

Mauldin v AC Corp
Date: June 14, 2012
Citation: 366 N.C. 140
Docket Number: 539A11
State v. Lawrence  
Date: April 13, 2012
Citation: 365 N.C. 506
Docket Number: 100PA11

Justia Opinion Summary: Defendant David Lawrence was convicted by a jury for two counts each of attempted robbery with a dangerous weapon, attempted kidnapping, attempted breaking and entering, and conspiracy to commit robbery with a dangerous...

Variety Wholesalers, Inc. v. Salem Logistics Traffic Servs.  
Date: April 13, 2012
Citation: 365 N.C. 520
Docket Number: 269PA11

Justia Opinion Summary: Salem Logistics entered into a loan agreement with Ark Royal Capital that required Salem to instruct its customers to send payments directly to an account maintained by Ark at Wachovia Bank. Salem subsequently agreed to...

In re P.D.R.  
Date: April 13, 2012
Citation: 365 N.C. 533
Docket Number: 283PA11

Justia Opinion Summary: The parental rights of Mother to her three children were terminated after a trial in which she waived her right to counsel. The court of appeals vacated the trial court's order and ordered a new termination proceeding, c...

Stark v. Ford Motor Co.  
Date: April 13, 2012
Citation: 365 N.C. 468
Docket Number: 313PA10

Justia Opinion Summary: A couple and their boy and girl were riding in the family's Ford Taurus when the car began to accelerate rapidly and slammed into a light pole. The children received serious injuries. The children, through their guardian...

State v. Joe  
Date: April 13, 2012
Citation: 365 N.C. 538
Docket Number: 333PA11

Justia Opinion Summary: Defendant was charged with resisting a public officer, felony possession of cocaine with intent to sell or deliver, and attaining habitual felon status. Defendant filed a motion to dismiss the resisting charge and a moti...

State v. Lewis  
Date: April 13, 2012
Citation: 365 N.C. 488
Docket Number: 386PA10

Justia Opinion Summary: Defendant Paul Lewis was convicted of first-degree sexual offense, felonious breaking or entering, and robbery with a dangerous weapon. The court of appeals affirmed. Thereafter, Defendant discovered information previous...

Wally v. City of Kannapolis  
Date: March 9, 2012
Citation: 365 N.C. 449
Docket Number: 111PA11

Justia Opinion Summary: This case involved a dispute between the City of Kannapolis (Defendant), which rezoned rural land to promote commercial development, and neighboring landowners (Plaintiffs). At issue was whether Defendant approved a stat...

State v. Woodard
Date: March 9, 2012
Citation: 365 N.C. 464
Docket Number: 183PA11
State v. Hunt  
Date: March 9, 2012
Citation: 365 N.C. 432
Docket Number: 195PA11

Justia Opinion Summary: Defendant was convicted of second-degree sexual offense and crime against nature based on the victim's age and inability to consent due to a mental disability. The court of appeals reversed and vacated Defendant's convic...

State v. Brown
Date: March 9, 2012
Citation: 365 N.C. 465
Docket Number: 218A11
State v. Whitehead  
Date: March 9, 2012
Citation: 365 N.C. 444
Docket Number: 279PA11

Justia Opinion Summary: On July 29, 1994, Defendant was convicted of second-degree murder. The date of the offense was August 25, 1993. Defendant was sentenced to life in prison pursuant to the Fair Sentencing Act (FSA). The General Assembly en...

State v. Anderson
Date: March 9, 2012
Citation: 365 N.C. 466
Docket Number: 382A11
In re Hartsfield  
Date: March 9, 2012
Citation: 365 N.C. 418
Docket Number: 453A11

Justia Opinion Summary: As a result of conduct inappropriate to her judicial office, including disposing of at least eighty-two cases in violation of the N.C. General Statutes, the Judicial Standards Commission entered a recommendation that the...

Willis v. Willis  
Date: March 9, 2012
Citation: 365 N.C. 454
Docket Number: 457A11

Justia Opinion Summary: Janice Willis executed a general warranty deed reserving a life estate in her home for herself and conveying the remainder to her Eddie in fee simple. While Janice was still alive, Eddie died, and his interest passed to...

In re Totten  
Date: March 9, 2012
Citation: 365 N.C. 458
Docket Number: 471A11

Justia Opinion Summary: The North Carolina Judicial Standards Commission recommended that Respondent John Totten, a district court judge, be censured for conduct in violation of the North Carolina Code of Judicial Conduct and conduct prejudicia...

State v. Jones
Date: March 9, 2012
Citation: 365 N.C. 467
Docket Number: 8PA11
In re Foreclosure of Vogler Realty, Inc.  
Date: January 27, 2012
Citation: 365 N.C. 389
Docket Number: 11A11

Justia Opinion Summary: In this appeal the Supreme Court considered whether the clerk of superior court had the authority to determine the reasonableness of attorney's fees that a trustee-attorney in a foreclosure proceeding paid to himself in...

In re M.I.W.  
Date: January 27, 2012
Citation: 365 N.C. 374
Docket Number: 148PA11

Justia Opinion Summary: The trial court entered a disposition order awarding full custody of Child to the Department of Social Services (DSS). Child's mother and father (Respondents) appealed. While Respondents' appeals of the disposition order...

In re Dist. Admin. Order
Date: January 27, 2012
Citation: 365 N.C. 417
Docket Number: 216PA11
In re J.R.V
Date: January 27, 2012
Citation: 365 N.C. 416
Docket Number: 235PA11
State v. Burke
Date: January 27, 2012
Citation: 365 N.C. 415
Docket Number: 299A11
Cobb v. Town of Blowing Rock
Date: January 27, 2012
Citation: 365 N.C. 414
Docket Number: 300A11
State v. Mbacke  
Date: January 27, 2012
Citation: 365 N.C. 403
Docket Number: 33A11

Justia Opinion Summary: After a jury trial, Defendant was convicted for trafficking in cocaine by possession, trafficking in cocaine by transportation, possession with intent to sell and deliver cocaine, and carrying a concealed gun. Prior to t...

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