North Carolina Supreme Court Opinions for 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 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.