SUPREME COURT OPINIONS - 2002
BY FILING DATE

20 December 2002 Zip File (containing WordPerfect files)
Mandate: 9 January 2003

• Shaw v. Mintz, 356 NC 603 (339A02) - Statute of limitations
• Crawford v. Commercial Union Midwest Ins. Co., 356 NC 609 (19A02) - Fire insurance
• Eastern Carolina Internal Med., P.A. v. Faidas, 356 NC 607 (298A02) - Covenant not to compete; liquidated damages
• Augur v. Augur, 356 NC 582 (218A02) - Declaratory judgments
• Liberty Mut. Ins. v. Pennington, 356 NC 571 (185PA01) - Declaratory judgment
• Robinson v. Byrd, 356 NC 608 (511A01) - Child custody
• State v. Wagner, 356 NC 599 (108A02) - Sentencing-prosecutorial vindictiveness
• State v. Scott, 356 NC 591 (598PA01) - DWI; sufficiency of evidence
• State v. Kemmerlin, 356 NC 446 (182A01) - First-degree murder (capital/death)
• State v. Smith, 356 NC 605 (317A02) - Search and seizure
• State v. Carroll, 356 NC 526 (587A01) - First-degree murder (capital/death)
• State v. Millsaps, 356 NC 556 (210A01) - First-degree murder (capital/death)
• State v. Berry, 356 NC 490 (389A01) - First-degree murder (capital/death)
• State v. Patterson, 356 NC 606 (307A02) - Statutory rape: info not in evidence and undisclosed to defendant
• State v. Dexter, 356 NC 604 (390A02) - Compelled verdict

  IN ADDITION TO THE ABOVE LISTED OPINIONS, THE COURT CONSIDERED 88 OTHER MATTERS. THE OTHER MATTERS MAY INCLUDE, BUT ARE NOT LIMITED TO, NOTICES OF APPEALS BASED UPON CONSTITUTIONAL QUESTIONS, PETITIONS FOR DISCRETIONARY REVIEW, PETITIONS FOR WRIT OF CERTIORARI IN DEATH CASES, DEATH STAYS, PETITIONS FOR WRITS OF CERTIORARI IN OTHER CRIMINAL AND CIVIL CASES, PETITIONS FOR WRITS OF SUPERSEDEAS, MOTIONS FOR TEMPORARY STAYS, PETITIONS FOR WRITS OF MANDAMUS, PETITIONS FOR WRITS OF HABEAS CORPUS, PETITIONS FOR WRIT OF MANDAMUS, MOTIONS FOR APPROPRIATE RELIEF, AND DIRECT APPEALS FROM DECISIONS OF THE JUDICIAL STANDARDS COMMISSION AND THE UTILITIES COMMISSION. THE COURT ALSO CONSIDERS MOTIONS FOR EXTENSIONS OF TIME AND MOTIONS TO AMEND ON A DAILY BASIS. SUCH "ROUTINE" MOTIONS ARE NOT INCLUDED IN THE PETITION LIST PUBLISHED BY THE COURT EACH MONTH.
  
  

22 November 2002 Zip File (containing WordPerfect files)
Mandate: 12 December 2002

• Anderson v. Assimos, 356 NC 415 (621A01) - Rule 9(j)--constitutionality
• Ausley v. Bishop, 356 NC 422 (287A02) - Slander, breach of contract
• Best v. Dep't of Health & Human Servs., 356 NC 430 (277A02) - Drug Testing--reasonable cause
• Deadwood, Inc. v. Dep't of Revenue, 356 NC 407 (66PA02) - Privilege tax
• Derosier v. WNA, Inc., 356 NC 431 (249A02) - Workers' compensation
• Flores v. Arco, 356 NC 427 (220A02) - Interlocutory appeal
• In re Hayes, 356 NC 389 (139A01-2) - Judicial Standards recommendation of removal
• Landry v. U.S. Airways, Inc., 356 NC 419 (278A02) - Workers' compensation
• Riley v. DeBaer, 356 NC 426 (407A01-2) - Workers' compensation
• State ex rel. Utils. Comm'n v. Carolina Water Serv., Inc., 356 NC 429 (267PA02) - Exclusive service obligation
• State v. Lotharp, 356 NC 420 (106A02) - Disjunctive jury instructions
• State v. Hargett, 356 NC 423 (119PA02) - Doctrine of recent possession
• State v. Wilkerson, 356 NC 418 (124A02) - Inadmissible prior conviction
• State v. Osborne, 356 NC 424 (204A02) - Doctrine of recent possession
• State v. Barden, 356 NC 316 (96A01) - First-degree murder (capital/death)
• State v. Dixon, 356 NC 428 (262A02) - Expert opinion testimony
• Vernon v. Lowe, 356 NC 421 (155A02) - Quiet title; Rule 41(b) involuntary dismissal
• Zimmerman v. Eagle Elec. Mfg. Co., 356 NC 425 (44PA02) - Workers' compensation

  IN ADDITION TO THE ABOVE LISTED OPINIONS, THE COURT CONSIDERED 92 OTHER MATTERS. THE OTHER MATTERS MAY INCLUDE, BUT ARE NOT LIMITED TO, NOTICES OF APPEALS BASED UPON CONSTITUTIONAL QUESTIONS, PETITIONS FOR DISCRETIONARY REVIEW, PETITIONS FOR WRIT OF CERTIORARI IN DEATH CASES, DEATH STAYS, PETITIONS FOR WRITS OF CERTIORARI IN OTHER CRIMINAL AND CIVIL CASES, PETITIONS FOR WRITS OF SUPERSEDEAS, MOTIONS FOR TEMPORARY STAYS, PETITIONS FOR WRITS OF MANDAMUS, PETITIONS FOR WRITS OF HABEAS CORPUS, PETITIONS FOR WRIT OF MANDAMUS, MOTIONS FOR APPROPRIATE RELIEF, AND DIRECT APPEALS FROM DECISIONS OF THE JUDICIAL STANDARDS COMMISSION AND THE UTILITIES COMMISSION. THE COURT ALSO CONSIDERS MOTIONS FOR EXTENSIONS OF TIME AND MOTIONS TO AMEND ON A DAILY BASIS. SUCH "ROUTINE" MOTIONS ARE NOT INCLUDED IN THE PETITION LIST PUBLISHED BY THE COURT EACH MONTH.
  
  

4 October 2002 Zip File (containing WordPerfect files)
Mandate: 24 October 2002

• Reynolds v. Reynolds, 356 NC 287 (38A02) - Contempt: Civil or criminal?
• Eddings v. Southern Orthopedic & Musculoskeletal Assocs., P.A., 356 NC 285 (10A02) - Arbitration
• In re Brown, 356 NC 278 (300A02) - Order of Censure
• In re Mitchell, (127A02) - Termination of parental rights
• Goynias v. Spa Health Clubs, Inc., 356 NC 390 (89A02) - Negligence
• Kelly v. Carteret Co. Bd. of Educ., 356 NC 289 (139A02) - Wrongful discharge
• Pitts v. American Security Ins. Co., 356 NC 292 (369PA01) - Class action
• State v. Arnold, 356 NC 291 (30A02) - Dog fighting
• State v. Prevatte, 356 NC 178 (492A99) - First-degree murder (capital/death)
• Swinson v. Lejeune Motor Co., (34A02) - Negligence

  IN ADDITION TO THE ABOVE LISTED OPINIONS, THE COURT CONSIDERED 126 OTHER MATTERS. THE OTHER MATTERS MAY INCLUDE, BUT ARE NOT LIMITED TO, NOTICES OF APPEALS BASED UPON CONSTITUTIONAL QUESTIONS, PETITIONS FOR DISCRETIONARY REVIEW, PETITIONS FOR WRIT OF CERTIORARI IN DEATH CASES, DEATH STAYS, PETITIONS FOR WRITS OF CERTIORARI IN OTHER CRIMINAL AND CIVIL CASES, PETITIONS FOR WRITS OF SUPERSEDEAS, MOTIONS FOR TEMPORARY STAYS, PETITIONS FOR WRITS OF MANDAMUS, PETITIONS FOR WRITS OF HABEAS CORPUS, PETITIONS FOR WRIT OF MANDAMUS, MOTIONS FOR APPROPRIATE RELIEF, AND DIRECT APPEALS FROM DECISIONS OF THE JUDICIAL STANDARDS COMMISSION AND THE UTILITIES COMMISSION. THE COURT ALSO CONSIDERS MOTIONS FOR EXTENSIONS OF TIME AND MOTIONS TO AMEND ON A DAILY BASIS. SUCH "ROUTINE" MOTIONS ARE NOT INCLUDED IN THE PETITION LIST PUBLISHED BY THE COURT EACH MONTH.
  
  

16 August 2002 Zip File (containing WordPerfect files)
Mandate: 5 September 2002

• City of New Bern v. Carteret-Craven Elec. Membership Corp., 356 NC 123 (450PA01) - Electric Act of 1965
• State v. Al-Bayyinah, 356 NC 150 (90A01) - First-degree murder (capital/death)
• State v. Keith Butler, 356 NC 141 (653A01) - Trafficking in cocaine
• State v. Hearst, 356 NC 132 (684PA01) - Denying credit for time served in IMPACT program

  IN ADDITION TO THE ABOVE LISTED OPINIONS, THE COURT CONSIDERED 134 OTHER MATTERS. THE OTHER MATTERS MAY INCLUDE, BUT ARE NOT LIMITED TO, NOTICES OF APPEALS BASED UPON CONSTITUTIONAL QUESTIONS, PETITIONS FOR DISCRETIONARY REVIEW, PETITIONS FOR WRIT OF CERTIORARI IN DEATH CASES, DEATH STAYS, PETITIONS FOR WRITS OF CERTIORARI IN OTHER CRIMINAL AND CIVIL CASES, PETITIONS FOR WRITS OF SUPERSEDEAS, MOTIONS FOR TEMPORARY STAYS, PETITIONS FOR WRITS OF MANDAMUS, PETITIONS FOR WRITS OF HABEAS CORPUS, PETITIONS FOR WRIT OF MANDAMUS, MOTIONS FOR APPROPRIATE RELIEF, AND DIRECT APPEALS FROM DECISIONS OF THE JUDICIAL STANDARDS COMMISSION AND THE UTILITIES COMMISSION. THE COURT ALSO CONSIDERS MOTIONS FOR EXTENSIONS OF TIME AND MOTIONS TO AMEND ON A DAILY BASIS. SUCH "ROUTINE" MOTIONS ARE NOT INCLUDED IN THE PETITION LIST PUBLISHED BY THE COURT EACH MONTH.
  
  

28 June 2002 Zip File (containing WordPerfect files)
Mandate: 18 July 2002

• Morris Communications, Inc. v. City of Asheville, 356 NC 103 (558PA01) - Zoning; protest petitions
• Craig v. County of Chatham, 356 NC 40 (270PA01) - Swine Farm Regulations
• DeWitt v. Eveready Battery Co., 355 NC 672 (329A01) - Products Liability-breach of implied warranty
• In re Pierce, 356 NC 68 (647A01) - Termination of parental rights
• In re Will of McCauley, 356 NC 91 (649PA01) - Revocation of wills
• Malloy v. Cooper, 356 NC 113 (595PA01) - Rule 12(b)(1) motion to dismiss
• Mann Media, Inc. v. Randolph Cty. Planning Bd., 356 NC 1 (116A01) - Special use permit
• State v. Tabron, 356 NC 122 (686PA01) - Conspiracy to commit common law robbery
• State v. Woods, 356 NC 121 (667A01) - Forfeiture
• State v. Williams, 355 NC 501 (278A99) - First-degree murder (capital/death)
• State v. Leeper, 356 NC 55 (256A00) - First-degree murder (capital/death)
• State v. Wiley, 355 NC 592 (100A01) - First-degree murder (capital/death)
• State v. Blue, 356 NC 79 (304A01) - Voluntary manslaughter
• State v. Pearson, 356 NC 222 (541A01) - Admission of evidence in rape case
• State v. Holmes, 355 NC 719 (7A01) - First-degree murder (capital/death)
• State v. Hyatt, 355 NC 642 (402A00) - First-degree murder (capital/death)
• State v. White, 355 NC 696 (4A01) - First-degree murder (capital/death)

  IN ADDITION TO THE ABOVE LISTED OPINIONS, THE COURT CONSIDERED 100 OTHER MATTERS. THE OTHER MATTERS MAY INCLUDE, BUT ARE NOT LIMITED TO, NOTICES OF APPEALS BASED UPON CONSTITUTIONAL QUESTIONS, PETITIONS FOR DISCRETIONARY REVIEW, PETITIONS FOR WRIT OF CERTIORARI IN DEATH CASES, DEATH STAYS, PETITIONS FOR WRITS OF CERTIORARI IN OTHER CRIMINAL AND CIVIL CASES, PETITIONS FOR WRITS OF SUPERSEDEAS, MOTIONS FOR TEMPORARY STAYS, PETITIONS FOR WRITS OF MANDAMUS, PETITIONS FOR WRITS OF HABEAS CORPUS, PETITIONS FOR WRIT OF MANDAMUS, MOTIONS FOR APPROPRIATE RELIEF, AND DIRECT APPEALS FROM DECISIONS OF THE JUDICIAL STANDARDS COMMISSION AND THE UTILITIES COMMISSION. THE COURT ALSO CONSIDERS MOTIONS FOR EXTENSIONS OF TIME AND MOTIONS TO AMEND ON A DAILY BASIS. SUCH "ROUTINE" MOTIONS ARE NOT INCLUDED IN THE PETITION LIST PUBLISHED BY THE COURT EACH MONTH.
  
  

10 May 2002 Zip File (containing WordPerfect files)
Mandate: 30 May 2002

• Best v. Ford Motor Co., 355 NC 486 (15A02) - Release; mutual mistake
• Bradley v. Hidden Valley Transp., Inc., 355 NC 485 (29A02) - Respondeat superior; collateral estoppel
• Lindsey v. Boddie-Noell Enters., 355 NC 487 (679A01) - Juror misconduct in negligence case
• Maraman v. Cooper Steel Fabricators, 355 NC 482 (662A01) - Wrongful death; directed verdict
• Martishius v. Carolco Studios, Inc., 355 NC 465 (175A01) - Negligence
• State v. Morris, 355 NC 488 (663A01) - Second-degree kidnapping
• State v. Woodard, 355 NC 489 (519PA01) - First-degree murder (car collision); felonious operation of motor vehicle to elude arrest
• State v. Rogers, 355 NC 420 (373A00) - First-degree murder (capital/death)
• Dolan v. Dolan, 355 NC 484 (48A02) - Equitable distribution of marital property
• Woody v. Thomasville Upholstery, Inc., 355 NC 483 (596A01) - Workers' Compensation

  IN ADDITION TO THE ABOVE LISTED OPINIONS, THE COURT CONSIDERED 73 OTHER MATTERS. THE OTHER MATTERS MAY INCLUDE, BUT ARE NOT LIMITED TO, NOTICES OF APPEALS BASED UPON CONSTITUTIONAL QUESTIONS, PETITIONS FOR DISCRETIONARY REVIEW, PETITIONS FOR WRIT OF CERTIORARI IN DEATH CASES, DEATH STAYS, PETITIONS FOR WRITS OF CERTIORARI IN OTHER CRIMINAL AND CIVIL CASES, PETITIONS FOR WRITS OF SUPERSEDEAS, MOTIONS FOR TEMPORARY STAYS, PETITIONS FOR WRITS OF MANDAMUS, PETITIONS FOR WRITS OF HABEAS CORPUS, PETITIONS FOR WRIT OF MANDAMUS, MOTIONS FOR APPROPRIATE RELIEF, AND DIRECT APPEALS FROM DECISIONS OF THE JUDICIAL STANDARDS COMMISSION AND THE UTILITIES COMMISSION. THE COURT ALSO CONSIDERS MOTIONS FOR EXTENSIONS OF TIME AND MOTIONS TO AMEND ON A DAILY BASIS. SUCH "ROUTINE" MOTIONS ARE NOT INCLUDED IN THE PETITION LIST PUBLISHED BY THE COURT EACH MONTH.
  
  

30 April 2002 Zip File (containing WordPerfect files)
Mandate: 3 May 2002

• Stephenson v. Bartlett, 355 NC 354 (94PA02) - REDISTRICTING

5 April 2002 Zip File (containing WordPerfect files)
Mandate: 25 April 2002

• Patterson v. Sweatt, 355 NC 346 (588A01) - Civil procedure, discovery, sanctions
• State v. Holt, 355 NC 347 (336PA01) - Second-degree murder
• State v. Mann, 355 NC 294 (362A97) - First-degree murder (capital/death)
• State v. Robinson, 355 NC 320 (578A00) - First-degree murder (capital/death)

  IN ADDITION TO THE ABOVE LISTED OPINIONS, THE COURT CONSIDERED 57 OTHER MATTERS. THE OTHER MATTERS MAY INCLUDE, BUT ARE NOT LIMITED TO, NOTICES OF APPEALS BASED UPON CONSTITUTIONAL QUESTIONS, PETITIONS FOR DISCRETIONARY REVIEW, PETITIONS FOR WRIT OF CERTIORARI IN DEATH CASES, DEATH STAYS, PETITIONS FOR WRITS OF CERTIORARI IN OTHER CRIMINAL AND CIVIL CASES, PETITIONS FOR WRITS OF SUPERSEDEAS, MOTIONS FOR TEMPORARY STAYS, PETITIONS FOR WRITS OF MANDAMUS, PETITIONS FOR WRITS OF HABEAS CORPUS, PETITIONS FOR WRIT OF MANDAMUS, MOTIONS FOR APPROPRIATE RELIEF, AND DIRECT APPEALS FROM DECISIONS OF THE JUDICIAL STANDARDS COMMISSION AND THE UTILITIES COMMISSION. THE COURT ALSO CONSIDERS MOTIONS FOR EXTENSIONS OF TIME AND MOTIONS TO AMEND ON A DAILY BASIS. SUCH "ROUTINE" MOTIONS ARE NOT INCLUDED IN THE PETITION LIST PUBLISHED BY THE COURT EACH MONTH.
  
  

7 March 2002 Zip File (containing WordPerfect files)
Mandate: 27 March 2002

• Bridgestone/Firestone v. Ogden Plant Maint. Co. of N.C., 355 NC 274 (439A01) - Indemnification
• Capital Outdoor, Inc. v. Guilford Cty. Bd. of Adjust., 355 NC 269 (603A01) - Zoning - standard of review
• Dolley v. Price, 355 NC 271 (255A01) - Fraudulent and negligent misrepresentation
• Farris v. Burke Cty. Bd. of Educ., 355 NC 225 (272PA01) - School board termination of tenured teacher
• Good Neighbors of S. Davidson v. Town of Denton, 355 NC 254 (170PA01) - Land Annexation/Zoning
• Jones v. GMRI, Inc., 355 NC 275 (444PA01) - Products liability
• Milon v. Duke Univ., 355 NC 263 (549A01) - Medical malpractice; apparent authority
• Reid & Reid v. Town of Madison, 355 NC 276 (459PA01) - Res judicata
• State v. Williams, 355 NC 272 (396A01) - Second-degree murder
• State v. Canady, 355 NC 242 (115A00) - First-degree murder (capital/death)
• State v. Smith, 355 NC 268 (521A01) - Second-degree murder-shaken baby syndrome
• State v. Nowell, 355 NC 273 (433A01) - Drug possession - legality of home search
• State v. Lytch, 355 NC 270 (244A01) - First-degree murder (Capital/Life)
• State v. Buchanan, 355 NC 264 (190A00-2) - Miranda warnings requirement
• State v. Stancil, 355 NC 266 (589A01) - Modified and affirmed

  IN ADDITION TO THE ABOVE LISTED OPINIONS, THE COURT CONSIDERED 89 OTHER MATTERS. THE OTHER MATTERS MAY INCLUDE, BUT ARE NOT LIMITED TO, NOTICES OF APPEALS BASED UPON CONSTITUTIONAL QUESTIONS, PETITIONS FOR DISCRETIONARY REVIEW, PETITIONS FOR WRIT OF CERTIORARI IN DEATH CASES, DEATH STAYS, PETITIONS FOR WRITS OF CERTIORARI IN OTHER CRIMINAL AND CIVIL CASES, PETITIONS FOR WRITS OF SUPERSEDEAS, MOTIONS FOR TEMPORARY STAYS, PETITIONS FOR WRITS OF MANDAMUS, PETITIONS FOR WRITS OF HABEAS CORPUS, PETITIONS FOR WRIT OF MANDAMUS, MOTIONS FOR APPROPRIATE RELIEF, AND DIRECT APPEALS FROM DECISIONS OF THE JUDICIAL STANDARDS COMMISSION AND THE UTILITIES COMMISSION. THE COURT ALSO CONSIDERS MOTIONS FOR EXTENSIONS OF TIME AND MOTIONS TO AMEND ON A DAILY BASIS. SUCH "ROUTINE" MOTIONS ARE NOT INCLUDED IN THE PETITION LIST PUBLISHED BY THE COURT EACH MONTH.
  
  

1 February 2002 Zip File (containing WordPerfect files)
Mandate: 21 February 2002

• Dobrowolska v. Wall (City of Greensboro), 355 NC 205 (270PA00) - Automobile accident--governmental immunity
• In re Appeal of Wallin, 355 NC 206 (362PA00) - Property tax valuation
• In re Appeal of Corbett, 355 NC 181 (363PA00) - Property tax valuation
• Thigpen v. Ngo, 355 NC 198 (292A01) - Certification pursuant to N.C. R. Civ. P. 9(j)
• Rich, Rich & Nance v. Carolina Constr. Corp., 355 NC 190 (378A01) - Rule against perpetuities
• State v. Nicholson, 355 NC 1 (564A99) - First-degree murder (capital/death)
• State v. Anderson, 355 NC 136 (269A00) - No Error in Guilt-Innocence Phase; Case Remanded for a Hearing on Defendant's Motion for Appropriate Relief
• State v. Fulp, 355 NC 171 (342PA01) - Motion to suppress
• State v. Gainey, 355 NC 73 (531A00) - First-degree murder (capital/death)
• State v. Jones, 355 NC 117 (218A00) - First-degree murder (capital/death)
• State v. Reed, 355 NC 150 (232PA01) - First-degree murder (capital/life)
• Thigpen v. Ngo, 355 NC 207 (332A01) - Certification pursuant to N.C. R. Civ. P. 9(j)
• Wood v. Guilford Cty., 355 NC 161 (318PA01) - Workers' Comp. Exclusivity/Public Duty Doctrine

  IN ADDITION TO THE ABOVE LISTED OPINIONS, THE COURT CONSIDERED 106 OTHER MATTERS. THE OTHER MATTERS MAY INCLUDE, BUT ARE NOT LIMITED TO, NOTICES OF APPEALS BASED UPON CONSTITUTIONAL QUESTIONS, PETITIONS FOR DISCRETIONARY REVIEW, PETITIONS FOR WRIT OF CERTIORARI IN DEATH CASES, DEATH STAYS, PETITIONS FOR WRITS OF CERTIORARI IN OTHER CRIMINAL AND CIVIL CASES, PETITIONS FOR WRITS OF SUPERSEDEAS, MOTIONS FOR TEMPORARY STAYS, PETITIONS FOR WRITS OF MANDAMUS, PETITIONS FOR WRITS OF HABEAS CORPUS, PETITIONS FOR WRIT OF MANDAMUS, MOTIONS FOR APPROPRIATE RELIEF, AND DIRECT APPEALS FROM DECISIONS OF THE JUDICIAL STANDARDS COMMISSION AND THE UTILITIES COMMISSION. THE COURT ALSO CONSIDERS MOTIONS FOR EXTENSIONS OF TIME AND MOTIONS TO AMEND ON A DAILY BASIS. SUCH "ROUTINE" MOTIONS ARE NOT INCLUDED IN THE PETITION LIST PUBLISHED BY THE COURT EACH MONTH.