SUPREME COURT OPINIONS - 2003
BY FILING DATE

5 December 2003 Zip File (containing WordPerfect files)
Mandate: 29 December 2003

• Adams Kleemeier Hagan Hannah & Fouts, PLLC v. Jacobs, 357 NC 651 (378A03) - Personal jurisdiction
• N.C. Forestry Ass'n v. N.C. Dep't of Env't & Natural Res., 357 NC 640 (653A02) - Administrative Procedure Act "Person Aggrieved"
• Hill v. Medford, (389A03) - Termination of Deputy Sheriff
• Hughes v. Town of Oak Island, 357 NC 653 (361A03) - Annexation ordinance
• Lange v. Lange, 357 NC 645 (270A03) - Mootness Doctrine
• Kea v. Department of Health & Human Servs., 357 NC 654 (603A02) - Judicial review of State Personnel Commission decision
• Singleton v. Haywood Elec. Membership Corp., 357 NC 623 (403A02) - Continuing Trespass
• State v. Miller, 357 NC 583 (84A02) - First-degree murder (DEATH)
• State v. Simpson, 357 NC 652 (431A03) - Obtaining Property by False Pretenses
• State v. Tucker, 357 NC 633 (113PA03) - Improper aggravation of sentence
• State v. Smith, 357 NC 604 (607A02) - First-degree murder (capital/death)

  IN ADDITION TO THE ABOVE LISTED OPINIONS, THE COURT CONSIDERED 62 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 November 2003 Zip File (containing WordPerfect files)
Mandate: 1 December 2003

• Bowen v. Mabry, 357 NC 574 (47PA03) - Equitable distribution
• Brevorka v. Wolfe Constr. Co., 357 NC 566 (76A03) - Implied warranty
• In re Inquiry of Hill, 357 NC 559 (316A03) - Order of censure
• In re Yocum, 357 NC 568 (313A03) - Termination of parental rights
• In re Will Johnston, 357 NC 569 (242A03) - Dismissal of interlocutory appeal
• Johnson v. Board of Trs. of Durham Tech. Cmty. Coll., 357 NC 570 (236PA03) - Disability discrimination
• Lancaster v. Maple St. Homeowners Ass'n, 357 NC 571 (206A03) - Adverse Possession
• Leary v. N.C. Forest Prod., Inc., 357 NC 567 (277A03) - Sheriff's sale; collateral attack for lack of notice
• Lee v. Brian Ctr., 357 NC 575 (651PA02) - Workers' Compensation
• Melton v. Family First Mortgage Corp., 357 NC 573 (164A03) - Unfair and deceptive practices; summary judgment
• Phillips v. Triange Women's Health Clinic, Inc., 357 NC 576 (81A03) - Professional services exemption under N.C.G.S. § 75-1.1; sufficiency of complaint under Rule 9(j)
• State v. Squires, 357 NC 529 (428A00) - First-degree murder (capital/death & capita/life)
• State v. Valentine, 357 NC 512 (398A00) - First-degree murder (capital/death)
• State v. Partridge, 357 NC 572 (269PA03) - Indictment defect
• State v. Woolridge, 357 NC 544 (41PA02) - Two judges; motion to suppress
• Taylor v. Bridgestone/Firestone, 357 NC 565 (280A03) - Workers' compensation; future medical treatment
• Whitaker v. Town of Scotland Neck, 357 NC 552 (49PA03) - Workers' compensation; Woodson claim

  IN ADDITION TO THE ABOVE LISTED OPINIONS, THE COURT CONSIDERED 85 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.
  
  

2 October 2003 Zip File (containing WordPerfect files)
Mandate: 22 October 2003

• Eastern Outdoor, Inc. v. Board of Adjust. of Johnston Cty., 357 NC 501 (353A02) - Revocation of land-use permits
• McKinney v. Richitelli, 357 NC 483 (203PA02) - Application of N.C.G.S. § 31A-2 to adult child
• N.C. Baptist Hosps. v. Crowson, 357 NC 499 (102A03) - Medical service provider liens (summary judgment)
• N.C. State Bar v. Gilbert, 357 NC 502 (434A02) - Attorney disciplinary action
• Overton v. Purvis, 357 NC 497 (45A03) - Negligence; last clear chance
• Shipman v. Shipman, 357 NC 471 (71A03) - Modification of child custody
• State v. Carmon, 357 NC 500 (153A03) - Suppression of statement
• State v. Williams, 357 NC 503 (4A03) - Plea agreement; insufficient evidence
• State v. Wilson, 357 NC 498 (605A02) - Resentencing, firearm enhancement
• Summey v. Barker, 357 NC 492 (632A02) - Medical malpractice

  IN ADDITION TO THE ABOVE LISTED OPINIONS, THE COURT CONSIDERED 95 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 August 2003 Zip File (containing WordPerfect files)
Mandate: 11 September 2003

• Barringer v. Mid Pines Dev. Grp., L.L.C., 357 NC 451 (519A02) - Negligencew; jury instruction; evidence
• Dawes v. Nash Cty., 357 NC 442 (117A02) - Governmental immunity
• In re Investigation of Death of Eric Miller, 357 NC 316 (303PA02) - Attorney-client privilege
• In re May, 357 NC 423 (566A02) - Simple affray
• State v. Jones, 357 NC 409 (115A02) - Improper instruction on pecuniary gain
• State v. Nobles, 357 NC 433 (156A98-2) - First-degree murder (capital/death)
• State v. Watts, 357 NC 366 (2A02) - First-degree murder (capital/death)
• State v. Brown, 357 NC 382 (145A02) - First-degree murder (capital/death)
• State v. Carter, 357 NC 345 (479A01) - First-degree murder (capital/death)
• Wise v. Harrington Grove Cmty. Ass'n, 357 NC 396 (428A02) - Planned Community Act, power to fine

  IN ADDITION TO THE ABOVE LISTED OPINIONS, THE COURT CONSIDERED 185 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 July 2003 Zip File (containing WordPerfect files)
Mandate: 5 August 2003

• In re Stumbo, 357 NC 279 (321A01) - Child neglect
• State v. Hunt, 357 NC 257 (5A86-8) - Post-conviction (Ring v. Arizona)
• Stephenson v. Bartlett, 357 NC 301 (94PA02-2) - Redistricting II

13 June 2003 Zip File (containing WordPerfect files)
Mandate: 3 July 2003

• Brumley v. Mallard, L.L.C., 357 NC 247 (658A02) - Mortgages and antideficiency statute
• Dockery v. Hocutt, 357 NC 210 (609A02) - Adverse possession and compulsory reference
• Gilbert v. N.C. Farm Bureau Mut. Ins. Cos., 357 NC 244 (59A03) - Insurance--appraisal clause
• Holley v. ACTS, Inc., 357 NC 228 (482A02) - Workers' compensation
• Lewis v. N.C. Dep't of Corr., 357 NC 246 (585A02) - Demotion for "unacceptable personal conduct"; sexual harassment
• Pittman v. N.C. Dep't of Health & Human Servs., 357 NC 241 (70A03) - Standard of review
• Rosero v. Blake, 357 NC 193 (322A02) - Presumption in favor of mother of illegitimate child
• State Employees Ass'n of N.C., Inc. v State, 357 NC 239 (9A03) - Declaratory judgment; standing
• State v. Marcoplos, 357 NC 245 (48A03) - Criminal, trespass, ex parte conduct
• State v. Mark, 357 NC 242 (5A03) - Sufficiency of the evidence
• State v. Sexton, 357 NC 235 (595PA02) - Malice; chain of circumstance evidence
• State v. tokes, 357 NC 220 (275A02) - Felony murder based on felony child abuse
• Williams v. Blue Cross Blue Shield of N.C., 357 NC 170 (277PA01) - Constitutional law-employment discrimination
• Williams v. Levinson, 357 NC 243 (88A03) - Negligence; scope of employment

  IN ADDITION TO THE ABOVE LISTED OPINIONS, THE COURT CONSIDERED 111 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.
  
  

2 May 2003 Zip File (containing WordPerfect files)
Mandate: 22 May 2003

• Baker v. Moorefield, 357 NC 156 (650A02) - Real property
• Bledsole v. Johnson, 357 NC 133 (370PA02) - Court-ordered, nonbinding arbitration
• Brewer v. Cabarrus Plastics, Inc., 357 NC 149 (560A01) - Employment discrimination
• Colombo v. Stevenson, 357 NC 157 (293PA02) - Wills; antilapse statute
• Futrell v. Resinall Corp., 355 NC 158 (399A02) - Workers' compensation; occupational disease
• In re Appeal of Maharishi Spiritual Ctr. of Am., 357 NC 152 (506A02) - Educational tax exemption
• In re Poole, 357 NC 151 (412A02) - Notice in dependency proceeding
• Owenby v. Young, 357 NC 142 (286PA02) - Child custody
• Priest v. Sobeck, 357 NC 159 (599A02) - Interlocutory appeal; libel; slander
• State v. Ager, 357 NC 154 (528A02) - Motion to withdraw guilty plea
• State v. Keitt, 357 NC 155 (616A02) - Burglary; jury instructions; voluntary intoxication
• State v. Spivey, 357 NC 114 (299A02) - Second-degree murder; speedy trial
• State v. Walters, 357 NC 68 (548A00) - First-degree murder (capital/death)
• White v. White, 357 NC 153 (463A02) - Equitable distribution of retirement benefits

  IN ADDITION TO THE ABOVE LISTED OPINIONS, THE COURT CONSIDERED 98 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 March 2003 Zip File (containing WordPerfect files)
Mandate: 17 April 2003

• Goodwin v. Webb, 357 NC 40 (524A02) - Agreement; duress; ratification; full knowledge
• Governors. Club, Inc. v. Governors. Club Ltd. P'ship, 357 NC 46 (504A02) - Rules 12(b)(6) and 12(c)
• Knight v. Wal-Mart Stores, Inc., 357 NC 44 (228A02) - Workers' Compensation
• Sibley v N.C. Bd. of Therapy Exam'rs, 357 NC 42 (429A02) - Professional standards
• State v. Goodman, 357 NC 43 (174A02) - Second-degree murder, other crimes, depraved heart
• State v. Haselden, 357 NC 1 (665A01) - First-degree murder (capital/death)
• State v. Kinlock, 357 NC 48 (476A02) - Waiver of counsel
• State v. Williams, 357 NC 47 (264A90-6) - N.C.G.S. § 15A-1415(f) post-conviction discovery
• State v. Williams, 357 NC 45 (521PA02) - Felonious habitual misdemeanor assault
• Willey v. Produce, 357 NC 41 (159A02) - Workers' compensation death benefits

  IN ADDITION TO THE ABOVE LISTED OPINIONS, THE COURT CONSIDERED 66 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 February 2003 Zip File (containing WordPerfect files)
Mandate: 20 March 2003

• Alford v. Catalytica Pharm., Inc., 356 NC 654 (319A02) - Woodson claims
• Arp v. Parkdale Mills, Inc., 356 NC 657 (311A02) - Workers' compensation
• Batdorff v. N.C. State Bd. of Election, 356 NC 661 (263PA02) - Campaign Finance Act
• Dobo v. Zoning Bd. of Adjust. of City of Wilmington, 356 NC 656 (256A02) - Violation of city zoning ordinance
• Guilford Fin. Servs., LLC v. City of Brevard, 356 NC 655 (295A02) - Subdivision plat disapproval
• Harris v. Thompson Contr'rs, Inc., 356 NC 664 (122PA02) - Workers' compensation
• In re Appeal of The Greens of Pine Glen, Ltd. Part., 356 NC 642 (681PA01) - Property tax valuation
• In re B.A., 356 NC 662 (193PA02) - Short-form indictment in juvenile petition
• In re Roberts, 356 NC 660 (290PA02) - Due process; right to counsel
• Jeffries v. Moore, 356 NC 663 (147PA02) - Presumption of paternity; child custody
• N.C. State Bar v. Talford, 356 NC 626 (24PA02) - Attorney disbarment
• Slade v. Stadler, 356 NC 659 (363A02) - Negligence
• State v. Ray, 356 NC 665 (166A02) - Felony murder
• Tucker v. Mecklenburg Cty. Bd. of Adjust., 356 NC 658 (68A02) - Zoning

  IN ADDITION TO THE ABOVE LISTED OPINIONS, THE COURT CONSIDERED 194 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.