North Carolina Supreme Court Decisions 2015
Date: December 18, 2015
Docket Number: 201PA12-3
Justia Opinion Summary: Following the 2010 decennial census, 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…
Date: December 18, 2015
Docket Number: 22PA14
Justia Opinion Summary: Petitioner, a trooper, was dismissed from the State Highway Patrol for allegedly violating the Patrol’s truthfulness policy. The State Personnel Commission (SPC) concluded that Petitioner’s dismissal was supported by…
Date: December 18, 2015
Docket Number: 375A14
Justia Opinion Summary: Plaintiffs were individual investors in undeveloped real estate that purchased real property shortly before the collapse of the real estate market. In 2010, Plaintiffs commenced this action seeking to recover against a…
Date: December 18, 2015
Docket Number: 376A14
Date: December 18, 2015
Docket Number: 377A14
Date: December 18, 2015
Docket Number: 379A14
Date: December 18, 2015
Docket Number: 440PA14
Justia Opinion Summary: After a jury trial, Defendant was convicted of conspiracy to traffic in more than four, but less than fourteen, grams of opium in violation of N.C. Gen. Stat. 90-95(h)(4)(a). The court of appeals vacated the trial…
Date: December 18, 2015
Docket Number: 81PA15
Justia Opinion Summary: Plaintiff and Defendant had three children during the course of their long-term domestic relationship. After they separated, Plaintiff, on the minor children’s behalf, brought claims alleging, inter alia, negligence,…
Date: November 6, 2015
Docket Number: 131A14
Justia Opinion Summary: Landowner sought to develop a townhouse community on residential property and obtained a zoning permit to develop the townhouses. Petitioner appealed the Zoning Officer’s formal determination to the Warren County Board…
Date: November 6, 2015
Docket Number: 186A15
Justia Opinion Summary: The Judicial Standards Commission entered a recommendation that Respondent James T. Hill, a judge of the General Court of Justice, District Court Division, be publicly reprimanded for conduct in violation of the North…
Date: November 6, 2015
Docket Number: 330PA14
Justia Opinion Summary: Plaintiff, as guardian ad litem for Jakari Baize, filed a complaint against Defendants, healthcare providers, alleging negligence in failing properly to treat Jakari for a severe case of jaundice that left him…
Date: November 6, 2015
Docket Number: 366PA13
Justia Opinion Summary: After a jury trial, Defendant was convicted for accessing a commercial social networking Web site as a registered sex offender in violation of N.C. Gen. Stat. 14-202.5. Defendant appealed, arguing that section 14-202.5…
Date: November 6, 2015
Docket Number: 398PA14
Justia Opinion Summary: After a jury trial, Defendant was found guilty of possession of a stolen motor vehicle. The trial court sentenced Defendant to an active term of eighty-four to 113 months’ imprisonment. Defendant appealed, arguing that…
Date: September 25, 2015
Docket Number: 123A14
Justia Opinion Summary: Plaintiff, a resident of Georgia, entered into an employment contract with Employer. Plaintiff was in South Carolina when he signed the offer letter. Plaintiff later transferred to Employer's Charlotte, North Carolina…
Date: September 25, 2015
Docket Number: 19PA14
Justia Opinion Summary: Defendant was charged with impaired driving. Defendant filed a pretrial motion to suppress evidence obtained after his arrest. At the suppression hearing held before Judge Abraham Jones, a material conflict in the…
Date: September 25, 2015
Docket Number: 277A13
Justia Opinion Summary: Plaintiff was assured by Bank that he would qualify for and receive a small business, government-backed loan. After Plaintiff was notified that no government-backed loan was available and aware that he had various…
Date: September 25, 2015
Docket Number: 405PA14
Justia Opinion Summary: After a jury trial, Defendant was convicted of felonious larceny, misdemeanor injury to personal property, first degree trespass, and misdemeanor possession of stolen property. The convictions stemmed from an incident in…
Date: September 25, 2015
Docket Number: 8PA14
Justia Opinion Summary: A Bank issued two loans to an LLC guaranteed by two Guarantors. After the LLC defaulted, the Bank sued the LLC and the Guarantors for the outstanding indebtedness. Plaintiff then sold the properties at a foreclosure…
Date: August 21, 2015
Docket Number: 101PA14
Justia Opinion Summary: Plaintiffs, two private corporations, sought a copy of the Automated Criminal/Infraction System database via the state’s Public Records Act (Act). The North Carolina Administrative Office of the Courts (AOC) declined to…
Date: August 21, 2015
Docket Number: 124PA14
Justia Opinion Summary: After a second jury trial, Defendant was convicted of the first-degree murder of his wife, Michelle Young. The court of appeals vacated the conviction and ordered a new trial, concluding that the trial court had…
Date: August 21, 2015
Docket Number: 186PA14
Justia Opinion Summary: At issue in this case was whether an adult relative who supervises a child during a sleepover is a “caretaker” of that child under section 7B-101(3) of the Juvenile Code. R.R.N. was abused by Mr. B., a relative, when she…
Date: August 21, 2015
Docket Number: 343PA14
Justia Opinion Summary: After a jury trial, Defendant was convicted of robbery with a dangerous weapon, second-degree burglary, and first-degree murder under the felony murder rule. Defendant was sentenced to life imprisonment without parole.…
Date: August 21, 2015
Docket Number: 347A14
Justia Opinion Summary: Aqua North Carolina (Aqua), a public utility providing water and utility service, requested authority from the North Carolina Utilities Commission to implement a rate adjustment mechanism of the type described in N.C.…
Date: August 21, 2015
Docket Number: 47PA14
Justia Opinion Summary: An investigation that began with an anonymous complaint to police led to a search of Defendant’s home. The police applied for and received a warrant to search the apartment. When the warrant was executed, the officers…
Date: July 23, 2015
Docket Number: 372A14
Justia Opinion Summary: Plaintiffs, twenty-five taxpayers, filed a complaint challenging the Opportunity Scholarship Program, which allows a small number of students in lower-income families to receive scholarships from the State to attend…
Date: June 11, 2015
Docket Number: 183A14
Justia Opinion Summary: A police officer stopped and searched Defendant outside a shop known for drug activity. Defendant was subsequently indicted for possession of a firearm by a felon, possession of a firearm with an altered serial number,…
Date: June 11, 2015
Docket Number: 249PA14
Justia Opinion Summary: After a jury trial, Defendant was convicted of trafficking in cocaine by possession, trafficking in cocaine by transportation, and possession of cocaine with the intent to sell or deliver. Defendant appealed, arguing…
Date: June 11, 2015
Docket Number: 252PA14
Justia Opinion Summary: Defendant was indicted for felony breaking or entering a place of worship and felony larceny after breaking or entering. After a trial, the jury found Defendant guilty of felony larceny and felony breaking or entering a…
Date: June 11, 2015
Docket Number: 373A14
Justia Opinion Summary: Petitioners filed a request that the North Carolina Environmental Management Commission issue a declaratory ruling clarifying the application of the Commission’s groundwater protection rules to coal ash lagoons. After…
Date: June 11, 2015
Docket Number: 41A14
Justia Opinion Summary: The district court entered an ex parte Domestic Violence Order of Protection (DVPO) against Defendant under N.C. Gen. Stat. 50B-3. The court ordered Defendant in the DVPO to surrender his firearms and ammunition and…
Date: June 11, 2015
Docket Number: 457A14
Justia Opinion Summary: Respondent voluntarily placed her newborn son with the Guilford County Department of Health and Human Services (DHHS) based upon her concerns about the safety of her home. DHHS later filed a petition seeking to have…
Date: June 11, 2015
Docket Number: 458PA13
Justia Opinion Summary: Defendant’s predecessor in title ("Wayne") owned two tracts of land (“Wayne Tracts”). Park Creek, LLC held adjacent land. Under a pre-approved plan, Wayne and the LLC began constructing a development plan for a…
Date: June 11, 2015
Docket Number: 510PA13
Justia Opinion Summary: Defendant was indicted for one count of first-degree statutory rape, first-degree statutory rape, and first-degree sex offense with a child. During jury deliberations, the jurors sent two consecutive notes to the court…
Date: April 10, 2015
Docket Number: 518PA13
Justia Opinion Summary: This action stemmed from an automobile accident in which Justin Ward, operating a car owned by his mother, Sheena Ward, collided with a vehicle driven by Luis Carmona. Sheena filed suit against Carmona seeking damages…
Date: April 10, 2015
Docket Number: 568A03-2
Justia Opinion Summary: In 1973, Defendant pleaded guilty to second-degree burglary for which he was sentenced to imprisonment “for his natural life.” In 2011, Defendant filed a pro se motion for appropriate relief (MAR) asking the trial court…
Date: April 10, 2015
Docket Number: 86A12
Justia Opinion Summary: Defendant was indicted for the first-degree murders of three women, including Heather Catterton and Randi Saldana. Defendant was first tried capitally for the Catteron murder, which was the matter at issue in this…
Date: January 23, 2015
Docket Number: 12A14
Justia Opinion Summary: In 2013, Duke Energy Carolinas filed an application with the North Carolina Utilities Commission requesting authority to adjust and increase its North Carolina retail electric service rates. The Commission entered an…
Date: January 23, 2015
Docket Number: 220A14
Justia Opinion Summary: The North Carolina Judicial Standards Commission recommended that Brenda G. Branch, a judge of the General Court of Justice, District Court Division, Judicial District 6A, should be publicly reprimanded for conduct…
Date: January 23, 2015
Docket Number: 501PA12
Justia Opinion Summary: When two detectives were parked in Defendant’s driveway, they saw three potted marijuana plants within the home’s curtilage. The detectives seized the plants before returning the next day with a warrant to search…
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