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 current and future customer contracts; extent of trial court’s authority to revise geographic restrictions in the non-compete covenant. | |
| State v. Walters, (344PA14) (View COA Opinion). Whether defendant was deprived of his right to a unanimous jury verdict when the trial court erroneously instructed the jury on an alternate theory to support a conviction for first-degree kidnapping when that theory was not supported by the evidence. | |
| State v. Crockett, (29PA15) (View COA Opinion). Whether the State presented sufficient evidence that defendant failed to report his change of address as required under the N.C. sex offender registration program. | |
| Pruett v. Bingham, (34A15) (View COA Opinion). Whether third-party defendants, a nonprofit corporation under contract with a County to provide fire and rescue services and its employee, should be dismissed from a negligence action on the basis of governmental and public officer immunity; whether third-party defendants adequately pleaded or properly produced documents in support of an immunity defense. | |
| State v. Barnett, (65PA15) (View COA Opinion). Whether the State presented sufficient evidence to show that defendant failed to report a change of address as required under the North Carolina sex offender registration program; whether there was a fatal variance between the indictment and the proof offered at trial. | |
| In re N.T., (119PA15) (View COA Opinion). Termination of parental rights; whether the trial court lacked subject matter jurisdiction over the case because the juvenile petition initiating the action was not verified as required by law. | |
| State v. Miller, (199PA15) (View COA Opinion). State’s appeal pursuant to N.C.G.S. § 15A-1432 from dismissal of DWI charge; whether the trial court’s actions sufficed to establish that an order had been entered sufficient to support the assertion of appellate jurisdiction over this appeal. | |
| In re Foreclosure of Brown, (224PA15) (View COA Opinion). Whether petitioner was barred by the ten-year statute of limitations in N.C.G.S. § 1-47(3) from initiating a proceeding to foreclose on real property under properly recorded deeds of trust containing a power of sale. | |
| State v. James, (281A15) (View COA Opinion). Whether the indictment charging defendant with failure to report his change of address as required under the N.C. sex offender registration program contained a fatal variance. | |
| State v. Warren, (312A15) (View COA Opinion). Whether the trial court erred when it denied defendant’s motion to suppress evidence obtained by an allegedly unconstitutional dog sniff. | |
| In re M.P.M., (340A15) (View COA Opinion). Termination of father’s parental rights for neglect of his child based partially on the mother’s abuse of four older half-siblings; whether termination of father’s parental rights was supported by clear, cogent, and convincing evidence; whether the COA properly affirmed the trial court’s conclusion that the father’s neglect was continuing and would likely continue in the future. | |
| State v. Spivey, (143PA15) (View COA Opinion). Whether an indictment charging defendant with a real property crime was fatally defective because it did not allege that the entity that owned the property has the legal ability to own property. |
In addition, there were 155 unpublished matters available here.
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