North Carolina Supreme Court

N.C. Supreme Court Opinion on Judicial Retention Elections

By / May 6, 2016

The North Carolina Supreme Court released a “batch” of opinions today. Unusually, there was only one: Faires v. State Bd. of Elections, (84A16). Appeal from three-judge panel decision declaring facially unconstitutional a law permitting the voters to decide on retention of an incumbent Justice of the N.C. Supreme Court. Also unusual, with Justice Edmunds sitting out, …

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N.C. Supreme Court Opinions for April 15 2016

By / April 15, 2016

The North Carolina Supreme Court published a batch of opinions today: State v. Snead, (90PA15) (View COA Opinion). Conviction of defendant for felony larceny based solely on lay testimony describing contents of store surveillance video; whether the Court of Appeals erred in finding inadmissible (1) the video based on lack of a proper foundation, and (2) …

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N.C. Supreme Court Opinions for March 18, 2016

By / March 21, 2016

The North Carolina Supreme Court released a batch of opinions Friday: Beverage Sys. of the Carolinas, LLC v. Associated Beverage Repair, LLC, (316A14) (View COA Opinion). Following sale of a former family business, whether summary judgment should have been granted for sellers on purchaser’s claims for breach of a non-compete agreement and for tortious interference with …

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N.C. Supreme Court Opinions for January 29, 2016

By / January 29, 2016

The North Carolina Supreme Court released a batch of opinions today: Irving v. Charlotte-Mecklenburg Bd. of Educ., (557PA13) Wreck allegedly caused by negligence of driver of school activity bus; whether school activity buses are covered by the State Tort Claims Act under N.C.G.S. § 143-300.1. State v. Williams, (333PA14) Whether an indictment charging a registered …

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N.C. Supreme Court Opinions for December 18, 2015

By / December 18, 2015

The North Carolina Supreme Court has issued a batch of opinions: Dickson v. Rucho, (201PA12-3). On remand; application of U.S. Supreme Court’s opinion in Alabama Legislative Black Caucus v. Alabama, ___ U.S. ___, 135 S. Ct. 1257 (2015), to this Court’s prior decision affirming the 2011 N.C. Congressional, Senate, and House redistricting plans. Additional coverage: N&O; WFAE; Citizen-Times. …

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Analysis: Sex offenders and social networking, State v. Packingham – NC Supreme Court

By / November 11, 2015

I posted previously about State v. Packingham, in which the North Carolina Supreme Court upheld a state statute prohibiting the use of social networking sites by registered sex offenders. In that post, I promised more analysis. Here it is. The statute at issue in the decision is N.C.G.S. § 14-202.5: (a) Offense. — It is unlawful …

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N.C. Supreme Court Opinions for November 6, 2015

By / November 6, 2015

The North Carolina Supreme Court has issued a batch of opinions: State v. Packingham, (366PA13). Whether N.C.G.S. 14-202.5, prohibiting all registered sex offenders from accessing commercial social networking internet sites, is constitutional on its face and as applied. Additional Coverage. Even more to come. Morningstar Marinas/Eaton Ferry, LLC v Warren County, et al., (131A14). Appeal by a …

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North Carolina Supreme Court upholds law prohibiting registered sex offenders from accessing a social networking site

By / November 6, 2015

State v. Packingham. This opinion just broke. More analysis to come. For now, here are a few nuggets: N.C.G.S. § 14-202.5 bans use of commercial social networking Web sites by registered sex offenders. Defendant, a registered sex offender, had a Facebook account. The case went to trial and, after considering evidence that defendant maintained a …

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North Carolina Supreme Court Opinions for September 25, 2015

By / September 25, 2015

The North Carolina Supreme Court has issued this month’s opinions: State v. Taylor, (1A15). Whether the trial court committed plain error by admitting testimony from a detective that vouched for the credibility of the alleged victim. State v. Pendergraft, (49A15). Whether an indictment charging defendant with obtaining property by false pretenses was fatally defective because it …

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Database of Court Records is not a Public Record – N.C. Supreme Court

By / August 22, 2015

LexisNexis Risk Data Management Inc., and LexisNexis Risk Solutions Inc. v. North Carolina Administrative Office of the Courts A database of North Carolina court records is not a public record, according to the state Supreme Court. In 2011, Lexis requested a copy of the AOC’s Automated Criminal/Infraction System (ACIS) under the Public Records Act. When …

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