North Carolina Supreme Court Opinions for December 21, 2016

1,045 Comments / By / December 21, 2016 / North Carolina Supreme Court

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 defendant’s unconstitutional; effect of U.S. Supreme Court’s subsequent decision in Montgomery v. Louisiana.
State v. Young, (80A14) (View COA Opinion [File not Found]) Appeal from order granting defendant’s motion for appropriate relief, vacating his sentence of life imprisonment without parole, and ordering a resentencing hearing to comply with Miller v. Alabama; effect of U.S. Supreme Court’s subsequent decision in Montgomery v. Louisiana.
State v. Moir, (49PA14) (View COA Opinion) Petition to terminate registration as a sex offender pursuant to N.C.G.S. 14-208.12A by a defendant who previously pleaded guilty to two counts of taking indecent liberties with a child; whether the relief sought is barred by the applicable provisions of federal law.
State v. Seam, (82A14) (View COA Opinion [File not Found]) Appeal from order granting defendant’s motion for appropriate relief, vacating his sentence of life imprisonment without parole, and ordering a resentencing hearing to comply with Miller v. Alabama; effect of U.S. Supreme Court’s subsequent decision in Montgomery v. Louisiana.
Turner v. Thomas, (319PA14) (View COA Opinion) Whether plaintiff’s allegations in support of claims for malicious prosecution and intentional infliction of emotional distress are legally sufficient to state a claim for relief.
Fisher v. Flue-Cured Tobacco Coop. Stabilization Corp., (374A14)  Action by tobacco growers alleging breach of contract and other claims; whether the trial court erred in granting plaintiffs’ motion for class certification.
State v. Floyd, (474PA14) (View COA Opinion) Whether a previous conviction for attempted assault can support charging defendant as an habitual felon; whether defendant should receive a new trial because the court failed to properly address an impasse that arose between defendant and his counsel at trial.
O’Neal v. Inline Fluid Power, Inc., (261PA15) (View COA Opinion) Workers’ Compensation; whether the Industrial Commission exceeded its statutory authority by adopting and utilizing Form 63, allowing employers investigating a claim to pay medical benefits only without prejudice to end further benefits if the claim is later denied.
State v. Saldierna, (271PA15) (View COA Opinion) Confession by juvenile defendant while under police interrogation; whether, under N.C.G.S. 7B-2101(a)(3), the officer interrogating defendant was required to seek clarification of defendant’s statement regarding whether he wanted his mother present during the interview.
In re Foreclosure of Beasley, (276PA15) (View COA Opinion) Whether Civil Procedure Rule 41(a)(1) applies to non-judicial foreclosure actions under power of sale; whether a lender who files two voluntary dismissals of foreclosure actions based on the same promissory note and deed of trust is barred from filing a third power-of-sale foreclosure action.
State v. Lowe, (278PA15) (View COA Opinion) Trial court’s denial of motion to suppress; whether the Court of Appeals correctly found that (1) probable cause supported the warrant to search the house at issue but (2) police exceeded the scope of the warrant by searching a car parked in the driveway that did not belong to a resident of the house searched.
State v. Ross, (297PA15) (View COA Opinion) Whether defendant’s plea agreement was entered knowingly and voluntarily.
State v. Dalton, (336PA15) (View COA Opinion) First-degree murder case in which defendant unsuccessfully argued not guilty by reason of insanity; whether prosecutor in closing argument committed prejudicial error by exaggerating defendant’s chance for early release from civil commitment if she were found not guilty based on insanity.
State v. Juarez, (360PA15) (View COA Opinion) First-degree murder conviction based on felony murder rule; whether the trial court erred in not instructing the jury on lesser-included offenses; whether the trial court committed plain error in instructing the jury on the aggressor doctrine exception to defendant’s claim of self-defense.
Hanesbrands Inc. v. Fowler, (438A15)  Interlocutory appeal from decision from N.C. Business Court overruling defendant’s opposition to designation of this action as a mandatory complex business case.
State v. Allman, (25A16) (View COA Opinion) Motion to suppress evidence; whether the magistrate had a substantial basis to find that probable cause existed to issue a warrant to search defendant’s home.
State v. Barnett, (36PA16) (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.
Piro v. McKeever, (93A16) (View COA Opinion) Action by father wrongly accused of sexual abuse of his child against social worker who elicited a false report from the child; whether plaintiff’s complaint for negligent and intentional infliction of emotional distress alleged sufficient facts to survive a Rule 12(b)(6) motion to dismiss. [“Because the members of the Court are equally divided as to both issues, the holding of the Court of Appeals is left undisturbed“]
State v. Curtis, (122A16) (View COA Opinion) Whether the movement of two victims was an integral part of an armed robbery, or sufficiently independent to permit an additional conviction for kidnapping.
In re Lucks, (162A16) (View COA Opinion) Under non-judicial foreclosure by power of sale under deed of trust, whether the successor trustee established its right to foreclose.
Town of Boone v. State, (93A15-2)  Appeal from three-judge panel’s order declaring facially unconstitutional a 2014 law withdrawing the town’s extraterritorial jurisdiction over areas beyond the municipal limits.
City of Asheville v. State, (391PA15) (View COA Opinion) Whether a statute involuntarily transferring the assets and debts of the City’s water system to a metropolitan sewer authority violated Article II, Section 24 of the North Carolina Constitution.
Midrex Techs., Inc. v. N.C. Dep’t of Revenue, (5A16) Whether Midrex Technologies is entitled to an income and franchise tax refund as an excluded corporation as defined in N.C.G.S. 105-130.4(a)(4).
N.C. State Bar v. Tillett, (208PA15) (View COA Opinion [File not Found]) Whether the N.C. State Bar has jurisdiction to discipline a sitting judge who has already been disciplined by the Judicial Standards Commission for the same conduct while in public office. [Hint: No]
State v. Carvalho, (369A15) (View COA Opinion) Whether defendant’s constitutional right to a speedy trial was violated; whether excerpts from a jailhouse audiotape and transcript of a conversation between defendant and another inmate were admissible under Rule of Evidence 404(b).
In re P.M., (250A16)  Review of recommendation for public reprimand. [“…Peter Mack, Jr. be PUBLICLY REPRIMANDED for conduct prejudicial to the administration of justice that brings the judicial office into disrepute in violation of N.C.G.S. § 7A-376(b) and that violates Canons 1, 2A, and 6C of the North Carolina Code of Judicial Conduct“]

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