North Carolina Supreme Court Decisions 2017

Harris v. N.C. Dep't of Pub. Safety
Date: December 22, 2017
Docket Number: 110A17
Wheeler v. Cent. Carolina Scholastic Sports, Inc
Date: December 22, 2017
Docket Number: 150A17
In re G.T
Date: December 22, 2017
Docket Number: 420A16
State v. Godbey
Date: December 22, 2017
Docket Number: 443PA16
State v. Wilson
Date: December 22, 2017
Docket Number: 466A16
State v. Moore  
Date: December 8, 2017
Docket Number: 22A17

Justia Opinion Summary: The Supreme Court modified and affirmed the decision of the court of appeals concluding that Defendant received adequate notice of his probation revocation hearing pursuant to N.C. Gen. Stat. 15A-1345(e). The trial cou...

Worley v. Moore  
Date: December 8, 2017
Docket Number: 310A16

Justia Opinion Summary: The Supreme Court reversed the decision of the trial court disqualifying Defendants’ counsel under North Carolina Rule of Professional Conduct 1.9(a), which balances an attorney’s ethical duties of confidentiality and lo...

State v. Dick  
Date: December 8, 2017
Docket Number: 386PA16

Justia Opinion Summary: The Supreme Court reversed the decision of the court of appeals vacating Defendant’s conviction for first-degree sexual offense and remanding the matter for a new trial on the charge and reinstated Defendant’s conviction...

State v. Jackson
Date: December 8, 2017
Docket Number: 397A16
State v. Sanchez
Date: December 8, 2017
Docket Number: 410PA16
Easter-Rozzelle v. City of Charlotte  
Date: December 8, 2017
Docket Number: 52PA16

Justia Opinion Summary: The Supreme Court reversed the judgment of the court of appeals reversing the North Carolina Industrial Commission’s decision to award Plaintiff benefits arising out of a 2009 automobile accident. The court of appeals co...

State v. Fletcher  
Date: December 8, 2017
Docket Number: 94PA16

Justia Opinion Summary: In this appeal from criminal convictions, the Supreme Court modified and affirmed the decision of the court of appeals concluding that the trial court did not abuse its discretion by overruling Defendant’s objection to a...

State v. Rousseau
Date: November 3, 2017
Docket Number: 10A17
State v. Carter
Date: November 3, 2017
Docket Number: 193PA16
State v. Bullock  
Date: November 3, 2017
Docket Number: 194A16

Justia Opinion Summary: The Supreme Court reversed the decision of the court of appeals reversing an order denying Defendant’s motion to suppress and vacating Defendant’s guilty plea. Defendant moved to suppress the evidence derived from a se...

State v. Brice  
Date: November 3, 2017
Docket Number: 244PA16

Justia Opinion Summary: The Supreme Court reversed the decision of the court of appeals vacating Defendant’s conviction for committing the felony of habitual misdemeanor larceny and remanding the case for resentencing based upon a misdemeanor l...

Friday Investments, LLC v. Bally Total Fitness of the Mid-Atlantic, Inc.  
Date: November 3, 2017
Docket Number: 248PA16

Justia Opinion Summary: An attorney-client relationship existed between Defendants and a non-party that contractually agreed to indemnify Defendants, but because Defendants failed to request that the trial court provide written findings of fact...

State v. Wilson
Date: November 3, 2017
Docket Number: 28A17
KB Aircraft Acquisition, LLC v. Berry
Date: November 3, 2017
Docket Number: 349PA16
State v. Reed
Date: November 3, 2017
Docket Number: 365A16
In re A.E.C
Date: November 3, 2017
Docket Number: 82PA15-2
Catawba County ex rel. Rackley v. Loggins  
Date: September 29, 2017
Docket Number: 152PA16

Justia Opinion Summary: A district court has jurisdiction to modify a child support order without a party filing a motion to modify asserting that there is a change in circumstances. Catawba County, by and through its Child Support Agency, ex...

Department of Transportation v. Adams Outdoor Advertising of Charlotte Limited Partnership  
Date: September 29, 2017
Docket Number: 206PA16

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the order of the Court of Appeals reversing the trial court’s order addressing the appropriate measure of damages in this condemnation action. The North Carolina D...

State v. Murrell  
Date: September 29, 2017
Docket Number: 233PA16

Justia Opinion Summary: The indictment returned for the purpose of charging Defendant with the offense of robbery with a dangerous weapon was fatally defective because it did not sufficiently allege all of the essential elements of the offense....

State v. Goins
Date: September 29, 2017
Docket Number: 273A16
Blondell v. Ahmed
Date: September 29, 2017
Docket Number: 275A16
In re Estate of Skinner  
Date: September 29, 2017
Docket Number: 277A16

Justia Opinion Summary: The Supreme Court reversed the decision of the court of appeals reversing an order entered by the superior court removing a guardian of an estate and trustee under a special needs trust for breach of fiduciary duty. Mar...

In re M.A.W.  
Date: September 29, 2017
Docket Number: 279PA16

Justia Opinion Summary: The trial court did not err by terminating Father’s parental rights to his minor child on the basis of neglect in accordance with N.C. Gen. Stat. 7B-1111(a)(1). The court of appeals reversed the trial court’s order ter...

State v. Huey  
Date: September 29, 2017
Docket Number: 355PA15

Justia Opinion Summary: In this criminal case, the prosecutor’s comments in his closing argument were improper but did not amount to prejudicial error in light of the evidence against Defendant, and therefore, the trial judge did not err by fai...

State v. Crabtree
Date: September 29, 2017
Docket Number: 372A16
State v. Hammonds  
Date: September 29, 2017
Docket Number: 389A15-2

Justia Opinion Summary: Defendant was subjected to a custodial interrogation as defined in Miranda v. Arizona, 384 U.S. 436 (1966), when police questioned him while he was confined under a civil commitment order, and therefore, the failure of p...

State v. Watts  
Date: August 18, 2017
Docket Number: 132A16

Justia Opinion Summary: Defendant was convicted, after a jury trial, of attempted first-degree rape, first-degree sexual offense with a child, and kidnapping. Defendant appealed, arguing that his motion “for an instruction” was clearly a reques...

Christenbury Eye Center, P.A. v. Medflow, Inc.  
Date: August 18, 2017
Docket Number: 141PA16

Justia Opinion Summary: In 1999, Plaintiff and Defendants entered into an agreement. Defendants never performed any of their obligations under the agreement. For more than a decade, Defendants allegedly continued to be in breach of the agreemen...

State v. Johnson  
Date: August 18, 2017
Docket Number: 151PA16

Justia Opinion Summary: The superior court correctly denied Defendant’s motion to suppress. Defendant was pulled over for driving at an unsafe speed given the road conditions and cited for driving while impaired. Defendant filed a motion to su...

Kornegay Family Farms LLC v. Cross Creek Seed, Inc.  
Date: August 18, 2017
Docket Number: 187PA16

Justia Opinion Summary: Defendant may not enforce several limitation of remedies clauses against Plaintiffs, several commercial farmers in North Carolina, in defense of lawsuits premised on Defendant’s distribution of allegedly mislabeled tobac...

Wray v. City of Greensboro  
Date: August 18, 2017
Docket Number: 255A16

Justia Opinion Summary: The Supreme Court affirmed the court of appeals reversing the trial court’s order of dismissal that dismissed the attempts of Plaintiff, a former chief of police for the City of Greensboro, to obtain reimbursement from t...

Fidelity Bank v. N.C. Department of Revenue  
Date: August 18, 2017
Docket Number: 392A16

Justia Opinion Summary: The Supreme Court affirmed the North Carolina Business Court’s substantive decision interpreting N.C. Gen. Stat. 105-130.5(b)(1) so as to preclude The Fidelity Bank from deducting “market discount income” relating to dis...

Fid. Bank v. N.C. Dep't of Revenue
Date: August 18, 2017
Docket Number: 393PA16
State v. Miller  
Date: June 9, 2017
Docket Number: 113PA16

Justia Opinion Summary: Defendant was charged with violating N.C. Gen. Stat. 90-95(d1)(1)(c). Defendant filed a motion requesting the trial court to declare section 90-95(d1)(1)(c) unconstitutional on the grounds that punishing him for violatin...

Murray v. Univ. of N.C. at Chapel Hill
Date: June 9, 2017
Docket Number: 124A16
State v. Godwin  
Date: June 9, 2017
Docket Number: 167PA16

Justia Opinion Summary: Defendant was convicted of driving while impaired. The court of appeals awarded Defendant a new trial, concluding that N.C. R. Evid. 702(a1) requires that a witness explicitly be found to be an expert before testifying t...

Stokes v. Crumpton  
Date: June 9, 2017
Docket Number: 168A16

Justia Opinion Summary: Plaintiff filed an action seeking equitable distribution of the parties’ marital assets and child support. Plaintiff and Defendant agreed to arbitrate the action under North Carolina’s Family Law Arbitration Act. Plainti...

State v. Todd  
Date: June 9, 2017
Docket Number: 18A14-2

Justia Opinion Summary: The record should be further developed in this case before a reviewing court can adequately address Defendant's ineffective assistance of counsel claim. Defendant was convicted of robbery with a dangerous weapon. The co...

State v. Romano  
Date: June 9, 2017
Docket Number: 199PA16

Justia Opinion Summary: N.C. Gen. Stat. 20-16.2(b) alone does not create a per se exception to the warrant requirement. At issue before the Supreme Court was whether section 20-16.2(b), which authorizes law enforcement to obtain a blood sample...

State v. Holloman  
Date: June 9, 2017
Docket Number: 208PA16

Justia Opinion Summary: The court of appeals erred by determining the the trial court committed prejudicial error in instructing the jury concerning the right of self-defense. Defendant was charged with assault with a deadly weapon with the in...

State v. McKiver
Date: June 9, 2017
Docket Number: 213PA16
Harrison v. Gemma Power Systems, LLC  
Date: June 9, 2017
Docket Number: 216A16

Justia Opinion Summary: The Supreme Court reversed the decision of the court of appeals affirming the determination of the Industrial Commission that Plaintiff was not entitled to any compensation for permanent partial disability under N.C. Gen...

U.S. Bank National Ass’n v. Pinkney  
Date: June 9, 2017
Docket Number: 229PA16

Justia Opinion Summary: Borrowers executed a promissory note to purchase real property. The debt was secured by a deed of trust on the underlying real property. Bank, the alleged holder of note and subject deed of trust, filed a complaint again...

Town of Beech Mountain v. Genesis Wildlife Sanctuary, Inc.,
Date: June 9, 2017
Docket Number: 230A16
State v. Campbell
Date: June 9, 2017
Docket Number: 252PA14-2
State v. Jones  
Date: June 9, 2017
Docket Number: 27PA16

Justia Opinion Summary: At issue before the Supreme Court was whether the State presented sufficient evidence to support Defendant’s conviction of felonious larceny. Defendant was overpaid because a payroll processor mistakenly typed “$120,000”...

State v. Baker  
Date: June 9, 2017
Docket Number: 35PA16

Justia Opinion Summary: The evidence adequately supported the jury’s determination that Defendant committed the offense of attempted first-degree rape of a child in violation of N.C. Gen. Stat. 14-27.2A(a). Defendant was convicted, in addition...

Wilkes v. City of Greenville  
Date: June 9, 2017
Docket Number: 368PA15

Justia Opinion Summary: Plaintiff was injured while working for Defendant. The North Carolina Industrial Commission accepted Plaintiff’s claim as compensable under the Workers’ Compensation Act, and Defendant began paying Plaintiff compensation...

State v. Knight  
Date: June 9, 2017
Docket Number: 97A16

Justia Opinion Summary: In two separate jury trials, Defendant was convicted of assault on a female, second-degree rape, second-degree sexual offense, and first-degree kidnapping. Defendant appealed, arguing that the second trial judge erred wh...

United Community Bank (Georgia) v. Wolfe  
Date: May 5, 2017
Docket Number: 289PA15

Justia Opinion Summary: In this case concerning borrowers’ invocation of North Carolina’s anti-deficiency statute, the Supreme Court held that Defendants failed to forecast substantial competent evidence sufficient to create a genuine issue of...

Inquiry Concerning a Judge, No. 15-222  
Date: May 5, 2017
Docket Number: 370A16

Justia Opinion Summary: The Supreme Court ordered that David Q. LaBarre, an Emergency Judge of the General Court of Justice, be censured for violations of Canons 1 and 2A of the North Carolina Code of Judicial Conduct and for conduct prejudicia...

In re Redmond  
Date: March 17, 2017
Docket Number: 86A16

Justia Opinion Summary: In 2013, the General Assembly established the Eugenics Asexualization and Sterilization Compensation Program to provide compensation to any claimant who was asexualized or sterilized involuntarily under the authority of...

King v. Bryant  
Date: January 27, 2017
Docket Number: 294PA14

Justia Opinion Summary: Robert King signed an arbitration agreement at the time of his initial appointment with Dr. Michael Bryant, who was to perform a bilateral inguinal hernia repair on King. In the course of the surgery, Bryant injured King...

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