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 failed to state the alleged false representation made by defendant. [WRAL coverage] | |
| State v. Ellis, (405PA14). Whether an indictment charging defendant with injury to personal property was fatally defective because it did not allege that both of the alleged co-owners of the damaged property had the legal ability to own property. | |
| State v. Perkins, (332PA14). Whether defendant must testify in order to preserve an in limine objection to impeachment by prior conviction; whether prior record level is reviewable after defendant’s stipulation. | |
| State v. Gray, (237PA14). Whether the trial court (1) erred in allowing the State to introduce text messages from a cell phone belonging to one of defendant’s co-conspirators, and (2) committed plain error in admitting a detective’s opinion testimony regarding the content of text messages among all co-conspirators. [Per Curiam: discretionary review improvidently granted; Decision below]. | |
| Burley v US Foods, Inc., (123A14). Workers’ Compensation; Injury sustained by an employee while working out of state; Whether the N.C. Industrial Commission has subject matter jurisdiction over the employee’s claim under N.C.G.S. § 97-36. | |
| State v. Bartlett, (19PA14). Motion to suppress evidence; whether a judge can make findings of fact concerning evidence that the judge did not hear. [Spoiler: No, the judge cannot make findings on evidence the judge didn’t hear (another judge heard the argument in this case)]. | |
| High Point Bank And Trust Company v Highmark Properties, LLC, (8PA14). Following foreclosure, whether guarantors on a loan secured by the real property can assert a defense under N.C.G.S. § 45-21.36 to reduce their individual liability for the debt or whether that defense is available only to the borrower who owned the real property used as collateral for the loan. | |
| Ussery v Branch Banking And Trust, (277A13). Trial court’s grant of summary judgment for defendant on plaintiffs’ action seeking cancellation of a promissory note; whether defendant is entitled to judgment on the indebtedness. | |
| State v. Blow, (446A14). Whether substantial evidence supported all three of defendant’s convictions for first-degree rape of a child. | |
| State v Benitez, (24PA15). Whether in-custody incriminating statements made by a juvenile should be suppressed as inadmissible under N.C.G.S. § 7B-2101(b); whether a defendant’s uncle qualifies as a guardian or custodian for purposes of that statute. |
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