North Carolina Supreme Court Decisions 2013

Wind v. City of Gastonia
Date: December 20, 2013
Docket Number: 172A13
Samost v. Duke Univ
Date: December 20, 2013
Docket Number: 218A13
State v. Franklin
Date: December 20, 2013
Docket Number: 36A13
In re L.M.T  
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 co...

Mehaffey v. Burger King  
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 atte...

Johnston v. State
Date: November 8, 2013
Docket Number: 29A13
Chandler v. Atl. Scrap & Processing
Date: November 8, 2013
Docket Number: 35PA12
State v. Heien
Date: November 8, 2013
Docket Number: 380A11-2
Tyndall v. Ford Motor Co
Date: November 8, 2013
Docket Number: 415PA12
Green v. Freeman  
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 Piedm...

State v. Huss
Date: November 8, 2013
Docket Number: 499PA12
State v. Cox  
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 ju...

Hoke Cnty. Bd. of Educ. v State  
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 a...

Green v. Kearney
Date: October 4, 2013
Docket Number: 123A13
Walters v. Cooper
Date: October 4, 2013
Docket Number: 156A13
State v. Pizano-Trejo
Date: October 4, 2013
Docket Number: 203PA12
State v. McDaris
Date: October 4, 2013
Docket Number: 26A13
State v. Hester
Date: October 4, 2013
Docket Number: 31A13
State v. McKenzie
Date: October 4, 2013
Docket Number: 52A13
State v. Wilkes
Date: October 4, 2013
Docket Number: 80A13
State v. Rollins
Date: October 4, 2013
Docket Number: 8A13
Bumpers v. Cmty. Bank of N. Va.  
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...

HCW Ret. & Fin. Servs., LLC v. HCW Employee Benefit Servs., LLC  
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. P...

State v. Hough
Date: June 27, 2013
Docket Number: 141PA10
State v. Brewington  
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...

State v. Brent  
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 w...

State v. Craven  
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 coc...

State v. Ortiz-Zape  
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 v...

State v. Hurt
Date: June 27, 2013
Docket Number: 505PA10
State v. Williams  
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 b...

Applewood Props., LLC v. New S. Props., LLC  
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 constru...

N.C. Farm Bureau Mut. Ins. Co. v. Cully's Motorcross Park, Inc.  
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 pr...

Minor v. Minor  
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...

State v. Boyd
Date: June 13, 2013
Docket Number: 358A12
Bridges v. Parrish  
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 Plaintiff...

Duncan v. Duncan  
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. Defe...

John Conner Constr., Inc. v. Grandfather Holding Co., LLC
Date: June 13, 2013
Docket Number: 460A12
State v. Rhodes  
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 fo...

State v. Kochuk
Date: June 13, 2013
Docket Number: 493A12
State v. Land
Date: June 13, 2013
Docket Number: 510A12
Garrett v. Burris
Date: June 13, 2013
Docket Number: 9A13
State ex rel. Utils. Comm'n v. Attorney Gen.  
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 a...

Gonzalez v. Worrell
Date: April 12, 2013
Docket Number: 312A12
Cedar Greene, LLC v. City of Charlotte
Date: April 12, 2013
Docket Number: 360A12
Keyes v. Johnson
Date: April 12, 2013
Docket Number: 399A12
State v. Miles
Date: April 12, 2013
Docket Number: 410A12
State v. Griffin  
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 testifie...

State v. Carter  
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 i...

IMT, Inc. v. City of Lumberton  
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 uti...

Ochsner v. Elon Univ
Date: March 8, 2013
Docket Number: 299PA12
Lovette v. N.C. Dep't of Corr
Date: March 8, 2013
Docket Number: 359A12
State v. Ellison  
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 char...

State v. Khan  
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 De...

In re Foreclosure of Bass  
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 Fund...

In re Ocean Isle Palms LLC  
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...

Dickson v. Rucho  
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. Plainti...

Topp v. Big Rock Found., Inc
Date: January 25, 2013
Citation: 366 N.C. 369
Docket Number: 279A12
Micro Capital Investors, Inc. v. Broyhill Furn. Indus., Inc
Date: January 25, 2013
Citation: 366 N.C. 371
Docket Number: 294A12
State v. Carver
Date: January 25, 2013
Citation: 366 N.C. 372
Docket Number: 301A12
White v. Trew  
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 dis...

Baysden v. State
Date: January 25, 2013
Citation: 366 N.C. 370
Docket Number: 522A11
Jones v. Whimper
Date: January 25, 2013
Citation: 366 N.C. 367
Docket Number: 89A12
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