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North Carolina Supreme Court - Justia Case Law Summaries

  • In re M.A.W.
    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 termination of Father’s parental rights, concluding that the trial court erred in...
  • In re Estate of Skinner
    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. Mark Skinner was appointed as the guardian of the estate of Cathleen Bass...
  • State v. Murrell
    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. Defendant was convicted of robbery with a dangerous weapon. The Court of...
  • Department of Transportation v. Adams Outdoor Advertising of Charlotte Limited Partnership
    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 Department of Transportation (DOT) condemned a leasehold interest held by Adams...
  • Catawba County ex rel. Rackley v. Loggins
    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 rel. Shawna Rackley (Plaintiff) failed to file a motion to modify a child...
  • State v. Hammonds
    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 police to advise him of his Miranda rights rendered inadmissible the...
  • State v. Huey
    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 failing to intervene ex mero motu in the prosecutor’s closing arguments. The...
  • 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...

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