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North Carolina Supreme Court - Justia Case Law Summaries

  • Fidelity Bank v. N.C. Department of Revenue
    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 discounted United States obligations for North Carolina corporate income taxation...
  • Wray v. City of Greensboro
    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 the City for costs he incurred in defending lawsuits brought against him for...
  • State v. Johnson
    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 suppress, which the superior court ultimately denied. Defendant eventually...
  • Kornegay Family Farms LLC v. Cross Creek Seed, Inc.
    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 tobacco seed. Defendant was in the business of breeding, developing, and producing...
  • Christenbury Eye Center, P.A. v. Medflow, Inc.
    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 agreement. Despite having never received the benefit of its bargain, Plaintiff waited...
  • State v. Watts
    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 request for a limiting instruction regarding N.C. R. Evid. 404(b) evidence that had...
  • U.S. Bank National Ass’n v. Pinkney
    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 against Borrowers under the deed of trust, seeking judicial foreclosure and...
  • Harrison v. Gemma Power Systems, LLC
    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. Stat. 97-31. Plaintiff suffered a compensable accident and sustained...
  • State v. Holloman
    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 intent to kill and inflicting serious injury. Defendant requested that the trial...
  • State v. Romano
    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 from an unconscious defendant who is suspected of driving while impaired...
  • Stokes v. Crumpton
    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. Plaintiff and Defendant entered into an equitable distribution arbitration award by...
  • State v. Godwin
    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 to the results of a horizontal gaze nystagmus (HGN) test and that the trial...
  • State v. Miller
    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 violating a newly enacted statutory provision contravened his federal due process...
  • State v. Knight
    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 when she denied Defendant’s motion to suppress his custodial statements. The...
  • State v. Baker
    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 to his attempted rape charge, of taking indecent liberties with a child. The...

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