State v. Todd, (18A14-2) (View COA Opinion) Appeal from Court of Appeals’ decision reversing the trial court’s denial of defendant’s motion for appropriate relief (MAR) following his conviction for armed robbery; whether the Supreme Court has jurisdiction under N.C.G.S. 7A-28(a), 7A-30(2), and 15A-1422(f) to hear and decide the State’s appeal from the Court of Appeals’ …
In re: J.L., (370A16) Review of recommendation for censure. [Censure for DWI, belligerence] United Cmty. Bank (Ga.) v. Wolfe, (289PA15) (View COA Opinion) Following nonjudicial foreclosure by power of sale, whether defendants’ affidavit giving their personal opinion on the true value of the foreclosed property was sufficient, standing alone, to establish a genuine issue of material …
In re Redmond, (86A16) (View COA Opinion) Appeal from Industrial Commission’s denial of benefits under the N.C. Eugenics Compensation Program based on deceased claimant’s constitutional challenge to a statutory requirement to qualify for the Program; whether the Court of Appeals has jurisdiction over the appeal; application of N.C.G.S. 1-267.1(a1). In re Hughes, (87A16) (View COA …
Watts-Robinson v. Shelton. Watts-Robinson sued Shelton for defamation, claiming he had defamed her while testifying before the Disciplinary Hearing Commission of the North Carolina State Bar. During the DHC hearing, Watts-Robinson was accused of mismanaging funds in client trust by taking interest on the account for herself (rather than the Interest on Lawyer Trust Account …
The North Carolina Supreme Court released a single opinion on the 27th: King v. Bryant, (294PA14) (View COA Opinion). Arbitration agreement unenforceable for breach of fiduciary duty. There were also 85 unpublished opinions.
The N.C. Supreme Court released a batch of opinions today: State v. Perry, (81A14) (View COA Opinion [File not Found]) Review of order denying defendant’s motion for appropriate relief seeking resentencing; defendant was mandatorily sentenced as a juvenile to life imprisonment without parole; retroactive application of the holding in Miller v. Alabama declaring sentences such as …
North Carolina Supreme Court Opinions for December 21, 2016 Read More »
The N.C. Supreme Court posted a set of opinions today: CommScope Credit Union v. Butler & Burke, LLP, (5PA15) (View COA Opinion) Whether defendant owed a fiduciary duty to plaintiff when defendant audited plaintiff’s financial statements; whether plaintiff is barred from recovery by the doctrines of contributory negligence and in pari delicto. State v. Nkiam, (385PA15) …
North Carolina Supreme Court opinions for September 23, 2016 Read More »
The North Carolina Supreme Court released a few opinions yesterday: Duke Energy Carolinas, LLC v. Gray, (108PA14-2) (View COA Opinion). Whether the six-year statute of limitations on lawsuits alleging injury to incorporeal hereditaments barred plaintiff’s action to enforce its easement rights against an alleged encroachment by defendant. [Yes] E. Carolina Reg’l Hous. Auth. v. Lofton, (32PA15) …
State v. Bishop. According to a North Carolina Supreme Court opinion handed down last week, the state’s anti-cyberbullying statute is unconstitutional under the First Amendment. N.C.G.S. § 14-458.1 makes it “unlawful for any person to use a computer or computer network to . . . [p]ost or encourage others to post on the Internet private, personal, or sexual information …
N.C. cyberbullying statute is unconstitutional – N.C. Supreme Court Read More »
The North Carolina Supreme Court released a batch of opinions today: Morris v. Scenera Research LLC, (429PA13) (View COA Opinion). Action under N.C. Wage & Hour Act for payment of patent bonuses to former employee; whether employee was entitled to elect to rescind certain patent assignments in lieu of damages awarded by a jury and the …