North Carolina Supreme Court Decisions 2014

State v. Hunt
Date: December 19, 2014
Docket Number: 195PA11-2
Falk v. Fannie Mae  
Date: December 19, 2014
Docket Number: 197PA13

Justia Opinion Summary: This case involved a dispute between the trustee of a Trust and Fannie Mae concerning which party’s mortgage lien on certain apartments had priority status. N.C. Gen. Stat. 45-37(b) establishes a conclusive presumption t...

Dickson v. Rucho  
Date: December 19, 2014
Docket Number: 201PA12-2

Justia Opinion Summary: Following the census conducted in 2010, the General Assembly enacted redistricting plans for the North Carolina Senate and House of Representatives and for the North Carolina districts for the United States House of Repr...

State ex rel Utils. Comm'n v. Cooper  
Date: December 19, 2014
Docket Number: 268A12-2

Justia Opinion Summary: Duke Energy Carolinas (Duke) filed an application with the North Carolina Utilities Commission requesting authority to increase its North Carolina retail electric services rates and asking that the rates be established u...

State v. Grainger  
Date: December 19, 2014
Docket Number: 30PA13

Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree murder under theories of both premeditation and deliberation and under the felony murder rule. The Court of Appeals ordered a new trial, concluding that the tri...

N.C. Farm Bureau Mut. Ins. Co. v. Paschal
Date: December 19, 2014
Docket Number: 33PA14
Christie v. Hartley Constr., Inc.  
Date: December 19, 2014
Docket Number: 359A13

Justia Opinion Summary: In building their home, Plaintiffs purchased SuperFlex, a stucco-like material, to cover the house’s exterior. GrailCoat Worldwide, LLC and GrailCo, Inc. (collectively, GrailCoat), the manufacturers of SuperFlex, provide...

State v. Miller  
Date: December 19, 2014
Docket Number: 368PA13

Justia Opinion Summary: Defendant was indicted on charges of possession with the intent to sell or deliver marijuana, maintaining a dwelling house for keeping, storing, using or selling marijuana, and carrying a handgun concealed in his vehicle...

Lunsford v. Mills  
Date: December 19, 2014
Docket Number: 385PA13

Justia Opinion Summary: Douglas Lunsford was injured in an accident involving multiple tortfeasors. Lunsford filed a negligence action against Thomas Mills, Mills’ employer James Crowder, and Shawn Buchanan, who carried liability policies total...

State v. Walston  
Date: December 19, 2014
Docket Number: 392PA13

Justia Opinion Summary: After a jury trial, Defendant was found guilty of one count of first-degree sexual offense, three counts of first-degree rape, and five counts of taking indecent liberties with a minor. The Court of Appeals reversed and...

Riggings Homeowners, Inc. v. Coastal Res. Comm'n
Date: December 19, 2014
Docket Number: 401A13
Hammond v. Saini  
Date: December 19, 2014
Docket Number: 492PA13

Justia Opinion Summary: Plaintiff filed a complaint against Defendants, including Cumberland County Health System, Inc. (CCHS), seeking damages based upon negligence after an accidental fire during a surgery caused first and second degree burns...

Charlotte Motor Speedway v. Cnty. of Cabarrus
Date: December 19, 2014
Docket Number: 503PA13
State v. Bowden  
Date: December 19, 2014
Docket Number: 514PA08-3

Justia Opinion Summary: Defendant was one of a group of prisoners called Bowden-class inmates who committed offenses between 1974 and 1978 and received death sentences that were later reduced to life imprisonment. Defendant accrued various cred...

State v. Childress  
Date: December 19, 2014
Docket Number: 527PA13

Justia Opinion Summary: Defendant drove by Patrice Harney’s home, where Harney was sitting on her front porch, shouted a phrase used by gang members, and ultimately fired repeated bullets into Harney’s home when she retreated from his attack. A...

State v. Phillips
Date: December 19, 2014
Docket Number: 531PA13
In re Twin County Motorsports, Inc.  
Date: December 19, 2014
Docket Number: 552PA13

Justia Opinion Summary: The Division of Motor Vehicles (DMV) charged Twin County Motorsports, Inc. with violating N.C. Gen. * Stat. 20-183.7B(a)(3) for allowing a person not licensed as a safety inspection mechanic to perform safety inspections...

In re Jerry's Shell, LLC
Date: December 19, 2014
Docket Number: 553PA13
State v. Long
Date: December 19, 2014
Docket Number: 556PA13
State v. Benters  
Date: December 19, 2014
Docket Number: 5A14

Justia Opinion Summary: Based upon an affidavit by a state law enforcement officer, a magistrate issued a warrant authorizing a search of Defendant’s home and outbuildings on his property. Law enforcement officers executed the warrant and seize...

State v. Sanders  
Date: December 19, 2014
Docket Number: 60A14

Justia Opinion Summary: After a jury trial, Defendant was found guilty of robbery with a dangerous weapon. On remand, the trial court awarded sentencing points for Defendant’s two prior Tennessee misdemeanor convictions, determining the Tenness...

State v. Banks  
Date: December 19, 2014
Docket Number: 90PA13

Justia Opinion Summary: Defendant was convicted of statutory rape of a fifteen-year-old child, second-degree rape of a mentally disabled person, and taking indecent liberties with a child. The convictions arose from Defendant’s single act of va...

State ex rel. Utils. Comm'n v. Cooper  
Date: August 20, 2014
Docket Number: 424A13

Justia Opinion Summary: Duke Energy Progress filed an application with the North Carolina Utilities Commission requesting authority to increase its retail electric service rates and that rates be established using a return on equity (ROE) of 11...

RL Regi N.C., LLC v. Lighthouse Cove, LLC  
Date: August 20, 2014
Docket Number: 427PA13

Justia Opinion Summary: Defendant guaranteed loans made by Regions Bank to certain entities that later defaulted on the obligations. As part of a restructuring agreement, Defendant executed a forbearance agreement and waived “any and all claims...

State v. Murchison  
Date: June 12, 2014
Docket Number: 232PA13

Justia Opinion Summary: While on probation, Defendant was indicted for several crimes. After a revocation hearing, the trial court revoked Defendant’s probation. The Court of Appeals reversed, holding that the evidence presented at the revocati...

State ex rel. Utils. Comm'n v. Attorney Gen.  
Date: June 12, 2014
Docket Number: 234A13

Justia Opinion Summary: Dominion North Carolina filed an application with the North Carolina Utilities Commission requesting an 11.25 percent return on equity (ROE), among other things. During the course of public hearings, the Commission recei...

State v. Facyson  
Date: June 12, 2014
Docket Number: 262PA13

Justia Opinion Summary: Defendant was charged with first-degree murder. The State submitted as an aggravating factor that Defendant joined with more than one other person in committing the offense and was not charged with committing a conspirac...

King v. Town of Chapel Hill  
Date: June 12, 2014
Docket Number: 281PA13

Justia Opinion Summary: Through the Towing Ordinance and the Mobile Phone Ordinance the Town of Chapel Hill sought to regulate the business of towing vehicles parked in private lots and the use of mobile telephones while driving. Plaintiff, who...

State v. Rivas-Batres
Date: June 12, 2014
Docket Number: 284PA13
In re Adoption of S.D.W.  
Date: June 12, 2014
Docket Number: 348PA13

Justia Opinion Summary: After Mother discontinued her romantic relationship with Father, she gave birth to Child. A couple filed a petition to adopt Child, after which the adoption agency filed a petition to terminate the parental rights of the...

State v. Pennell  
Date: June 12, 2014
Docket Number: 371PA13

Justia Opinion Summary: Defendant pleaded guilty to two counts of felony breaking or entering, two counts of felony larceny, and one count of possession of cocaine. Defendant’s sentences for the offenses were suspended and he was placed on prob...

Bynum v. Wilson Cnty  
Date: June 12, 2014
Docket Number: 380PA13

Justia Opinion Summary: After visiting a county office building to pay his water bill, James Bynum fell while walking down the front steps. As a result, Bynum’s legs and right arm were paralyzed. Bynum and his wife filed a complaint against the...

Medlin v. Weaver Cooke Constr., LLC  
Date: June 12, 2014
Docket Number: 411A13

Justia Opinion Summary: Plaintiff injured his shoulder while working for Employer. Plaintiff was terminated later that year for “reduction of staff due to lack of work.” Employer accepted Plaintiff’s injury as compensable. In January 2009, Plai...

State v. Verkerk  
Date: June 12, 2014
Docket Number: 421A13

Justia Opinion Summary: Defendant’s vehicle was stopped by a firefighter for driving erratically. Defendant unexpectedly drove away from the scene but was soon encountered by police officers, who cited her for driving while impaired and driving...

Dallaire v. Bank of Am., N.A.  
Date: June 12, 2014
Docket Number: 51PA13

Justia Opinion Summary: Borrowers applied from a home mortgage loan from Lender. During the transaction, a loan officer made an incorrect statement about lien priority. Borrowers later filed breach of fiduciary and negligent misrepresentation c...

Griffin v. Ball
Date: June 12, 2014
Docket Number: 559PA11-2
DocRx, Inc. v. EMI Servs. of N.C., LLC  
Date: June 12, 2014
Docket Number: 75PA13

Justia Opinion Summary: Plaintiff, an Alabama corporation, filed a breach of contract action against Defendant, a North Carolina limited liability company, in Alabama, alleging breach of contract. The Alabama court entered a default judgment ag...

Beroth Oil Co. v. N.C. Dep't of Transp.  
Date: April 11, 2014
Docket Number: 390PA11-2

Justia Opinion Summary: By 2013, the North Carolina Department of Transportation (NCDOT) had purchased several hundred properties for the construction of a highway project known as the Northern Beltway. In 2010, Plaintiffs filed a complaint and...

State v. Barnes
Date: April 11, 2014
Docket Number: 461A13
State v. Stokes  
Date: April 11, 2014
Docket Number: 94PA13-2

Justia Opinion Summary: After a jury trial, Defendant was convicted of second-degree kidnapping, possession of a firearm by a felon, assault of a deadly weapon with intent to kill, and related offenses. On appeal, Defendant argued that the Stat...

Gregory v. Pearson
Date: March 7, 2014
Docket Number: 116PA13
In re Suttles Surveying, P.A
Date: March 7, 2014
Docket Number: 252PA13
In re E.H
Date: March 7, 2014
Docket Number: 302PA13
State v. Howard
Date: March 7, 2014
Docket Number: 320A13
State v. Joe
Date: March 7, 2014
Docket Number: 333PA11-2
State v. Jones  
Date: March 7, 2014
Docket Number: 527A12

Justia Opinion Summary: After a jury trial, Eric Jones was found guilty of two counts of obtaining property by false pretenses and one count of identity theft, and Jerry White was found guilty of four counts of trafficking in stolen identities....

In re Blue Ridge Hous. of Bakersville LLC
Date: January 24, 2014
Docket Number: 173PA13
Glens of Ironduff Prop. Owners Ass'n, Inc. v. Daly
Date: January 24, 2014
Docket Number: 21PA13
State v. Whittington  
Date: January 24, 2014
Docket Number: 291PA12

Justia Opinion Summary: Defendant was convicted of trafficking in opium by possession. During the trial, a laboratory report of the results of a chemical analysis of the contraband were admitted, over Defendant’s objection, without calling the...

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