2004 North Carolina Supreme Court Cases

SUPREME COURT OPINIONS - 2004
BY FILING DATE

17 December 2004 Zip File (containing WordPerfect files)
Mandate: 6 January 2005

Daniel v. Moore, 359 NC 183 (334A04) - Consent judgment; attorney's authority to sign after client withdraws consent
Green v. Wilson, 359 NC 186 (160PA04) - Quiet title to land; stay of action pending outcome of similar litigation in a foreign court
Henderson v. Henderson, 359 NC 184 (430A04) - Whether child support can be modified in conjunction with a motion wolely to modify child custody
Imes v. City of Asheville, 359 NC 182 (250A04) - At-will employment, public policy exception, domestic violence
Jones v. Lake Hickory R.V. Resort, Inc., 359 NC 181 (113A04) - Negligence
Murphy Family Farms v. N.C. Dep't of Envtl. & Natural Res., 359 NC 180 (558A03) - Statutory construction; Water quality violations
State v. James Allen Cook, 359 NC 185 (272A04) - Dog as deadly weapon

3 December 2004 Zip File (containing WordPerfect files)
Mandate: 23 December 2004

Beatenhead v. Lincoln Cty., 359 NC 177 (105PA04) - Malicious prosecution; governmental immunity
Kyle & Assocs. v. Mahan, 359 NC 176 (655PA03) - Enforcement of foreign judgment; out-of-state corporation; certificate of authority
State v. Foster, 359 NC 179 (104PA04) - Felony cocaine possession; entrapment
State v. Troxler, 359 NC 178 (58PA04) - 2nd degree murder; self-defense; admissibility of evidence re. victim's previous possession of a knife
State v. Thompson, 359 NC 77 (142A03) - First-degree murder (capital/death)
State v. Morgan, 359 NC 131 (182A00) - First-degree murder (capital/death)
Ubertaccio v. Ubertaccio, 359 NC 175 (5A04) - Equitable Distribution, Stock Proceeds
IN ADDITION TO THE ABOVE LISTED OPINIONS, THE COURT CONSIDERED 128 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 October 2004 Zip File (containing WordPerfect files)
Mandate: 27 October 2004

Carroll v. Town of Ayden, 359 NC 66 (611A03) - Workers' Compensation; Occupational Disease
Evans as GAL v. Housing Authority, 359 NC 50 (216PA03) - Governmental Immunity
In re Moore, 359 NC 62 (534PA03) - Discretionary Review Improvidently Allowed
Pataky v. Pataky, 359 NC 65 (571A03) - Separation agreement; Child Support Guidelines; statutory construction; imputed income
State v. Bryan Christopher Bell, 359 NC 1 (86A02) - First-degree murder (capital/death)
State v. Buddy Lee Locklear, 359 NC 63 (504A03) - Auto Accident; 2nd degree murder; DWI; Rule 404(b)
State v. Michael Keith Holden, 359 NC 60 (574PA03) - Rape; multiple counts; unanimous jury verdict
State v. Willard Lavell Alston, 359 NC 61 (19A04) - Manslaughter; self-defense instruction
Steven M. Fisher v. Housing Authority, 359 NC 59 (94PA03) - Sovereign Immunity
Walter Erwin v. Lena Tweed, 359 NC 64 (499A03) - Auto insurance; UIM coverage; dump truck
Young v. Great American Ins. Co., 359 NC 58 (54A04) - Liability coverage for police officer
IN ADDITION TO THE ABOVE LISTED OPINIONS, THE COURT CONSIDERED 99 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.

13 August 2004 Zip File (containing WordPerfect files)
Mandate: 2 September 2004

In re Braswell, 358 NC 721 (556A03) - Judicial Censure
In re Brown, 358 NC 711 (650A03) - Limitations period and judicial censure
Johnson v. Southern Tire Sales & Serv., 358 NC 701 (514A02) - Workers' compensation
N.C. Dep't of Env't & Natural Res. v. Carroll, 358 NC 649 (329PA03) - Just Cause; Whole Record Test; De Novo Review
Register v. White, 358 NC 691 (579PA03) - Interpretation of UIM arbitration provision
Smith v. State Farm Mut. Auto. Ins. Co., 358 NC 725 (318A03) - Health Insurance
State v. Tirado, 358 NC 551 (5A01) - First-degree murder (capital/death)
State v. Boggess, 358 NC 676 (310A97) - Capital murder
IN ADDITION TO THE ABOVE LISTED OPINIONS, THE COURT CONSIDERED 128 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 July 2004 Zip File (containing WordPerfect files)
Mandate: 19 August 2004

Hoke Cty. Bd. of Educ. v. State, 358 NC 605 (530PA02) - Constitutional right to education (Leandro)

1 July 2004 Zip File (containing WordPerfect files)
Mandate: 21 July 2004

State v. Sneed, 358 NC 538 (601PA03) - Possession of cocaine

25 June 2004 Zip File (containing WordPerfect files)
Mandate: 15 July 2004

Atkins v. Kelly Springfield Tire Co., 358 NC 540 (10PA03) - Workers' Comp., "Full and Complete Medical Report"
Carolina Power & Light Co. v. City of Asheville, 158 NC 512 (631A03) - Validity of annexation ordinance--interpretation of N.C.G.S. § 160A-48(d)(2)
Holcomb v. Colonial Assocs., LLC, 358 NC 501 (581A02) - Premises Liability
Howerton v. Arai Helmet, Ltd., 358 NC 440 (383PA03) - Admissibility of Expert Testimony
In re Testamentary Tr. of Charnock, 358 NC 523 (326A03) - Trustee removal
Luhmann v. Hoenig, 358 NC 529 (664A03) - Governmental immunity; statutory construction
McRae v. Toastmaster, Inc., 358 NC 488 (287A03) - Workers' Com. Termination
State ex rel. Comm'r of Ins. v. N.C. Rate Bureau, 358 NC 539 (596A03) - Insurance Rate Filing
State v. Garcia, 358 NC 382 (504A01) - First-degree murder (capital/death)
State v. Jones, 358 NC 473 (591PA03) -
Udzinski v. Lovin, 358 NC 534 (477A03) - Medical malpractice
IN ADDITION TO THE ABOVE LISTED OPINIONS, THE COURT CONSIDERED 125 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 May 2004 Zip File (containing WordPerfect files)
Mandate: 27 May 2004

Eluhu v. Rosenhaus, 358 NC 372 (498A03) - Alienation of Affections/Personal Jurisdiction
In re Investigation of Death of Eric Miller, 358 NC 364 (303PA02-2) - Attorney-client privilege
In re T.R.B., 358 NC 370 (296A03) - Juvenile adjudication
Palmer v. Jackson, 358 NC 373 (336PA03) - Attorney's Fees, Workers' Compensation
State v. Roache, 358 NC 243 (522A01) - First-degree murder (capital/death)
State v. Jones, 358 NC 330 (22A02) - 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.

22 April 2004 Zip File (containing WordPerfect files)
Mandate: 12 May 2004

Morgan v. Stephenson, (24A04) - Redistricting
Stephenson v. Bartlett, 358 NC 219 (94PA02-3) - Redistricting

2 April 2004 Zip File (containing WordPerfect files)
Mandate: 22 April 2004

Board of Drainage Comm'rs of Pitt Cty. v. Dixon, 358 NC 214 (381PA03) - Discovery sanctions
Brown v. Millsap, 358 NC 212 (640A03) - N.C.G.S. § 6-21.1; court costs and prejudgment interest
National Alliance for Mentally Ill v. County of Cumberland, 358 NC 217 (470PA03) - Sovereign immunity
Nelson v. Town of Highlands, 358 NC 210 (478A03) - Injunction in eminent domain case
Pintacuda v. Zuckeberg, 258 NC 211 (509A03) - Proximate cause and contributory negligence
Rhyne v. K-Mart Corp., 358 NC 160 (522A02) - Constitutionality and applicability of N.C.G.S. § 1D-25
Ridgefield Props., LLC v. City of Asheville, 358 NC 216 (484A03) - Annexation
Rifenburg Constr. Inc. v. Brier Creek Assocs., LLC, 358 NC 218 (583A03) - Contracts; sovereign immunity
Downs v. State, 358 NC 213 (395PA03) - Gift Tax
State v. Fisher, 358 NC 215 (356A03) - Non-capital murder
Watkins v. N.C. State Bd. of Dental Exam'rs, 358 NC 190 (301A03) - Expert Testimony, Standard of Care, Whole Record Test
IN ADDITION TO THE ABOVE LISTED OPINIONS, THE COURT CONSIDERED 59 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.

5 March 2004 Zip File (containing WordPerfect files)
Mandate: 25 March 2004

Bass v. Durham Cty. Hosp. Corp., 358 NC 144 (349A03) - Medical malpractice
In re Will of Barnes, 358 NC 143 (262A03) - Caveators' standing under N.C.G.S. § 31-32
Sloan Fin. Grp., Inc. v. Beckett, 358 NC 146 (514A03) - Motion to compel arbitration
State v. Phelps, 358 NC 142 (165A03) - Cocaine possession/Motion to suppress
State v. Messick, 358 NC 145 (482A03) - Non-capital murder
State v. Ingram, 358 NC 147 (545A03) - Change in Indictment
IN ADDITION TO THE ABOVE LISTED OPINIONS, THE COURT CONSIDERED 59 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.

6 February 2004 Zip File (containing WordPerfect files)
Mandate: 26 February 2004

Albemarle Mental Health Ctr. v. N.C. Dep't of Health & Human Servs., 358 NC 134 (441A03) -
Dodson v. Dubose Steel, Inc., 358 NC 129 (405A03) - I.C. Death Benefits From Trucker Road Rage Death
Draughon v. Harnett Cty. Bd. of Educ., 358 NC 131 (358A03) - Wrongful death action
Draughon v. Harnett Cty. Bd. of Educ., 358 NC 137 (392A03) - Wrongful death action
Hummel v. Univ. of N.C., 358 NC 130 (131PA03) - Industrial Commission's authority to reduce damages awarded by a hearing officer
Locust v. Pitt Cty. Mem'l Hosp., Inc., 358 NC 113 (643A02) - Effect of abandonment in wrongful death action
Radford v. Keith, 358 NC 136 (518A03) - Rescission of contract
State v. Draper, 358 NC 141 (186PA03) - Constitutionality of N.C.G.S. § 7A-455.1
State v. Mitchell, 358 NC 63 (655PA02) - Failure to stop at driver's license checkpoint
State v. McCollum, 358 NC 132 (305A03) - Second-degree murder; failure to charge the jury on involuntary manslaughter
State v. Collins, 358 NC 135 (528A03) - Reliability of police informant
State v. Webb, 358 NC 92 (157PA03) - Constitutionality of N.C.G.S, § 7A-455.1
State v. McNeil, 358 NC 139 (155PA03) - Constitutionality of N.C.G.S. § 7A-455.1
State v. Hooper, 358 NC 122 (401A03) - Appeal of probation revocation
State v. Kelly, 358 NC 140 (156PA03) - Constitutionality of N.C.G.S. § 7A-455.1
State v. Maske, 358 NC 40 (497A02) - First-degree murder (capital/death)
State v. Matthews, 358 NC 102 (654A01) - First-degree murder (capital/death)
State v. Miller, 358 NC 133 (438A03) - Indictment In A Statutory Sex Offense
State v. Rubio, 358 NC 138 (154PA03) - Constitutionality of N.C.G.S. § 7A-455.1
State v. Finney, 358 NC 79 (258A03) - Rape
Oddo v. Presser, 358 NC 128 (368A03) - Criminal Conversation/Alienation of Affection
Whitacre P'ship v. BioSignia, Inc., 358 NC 1 (617PA02) - Summary judgment; judicial estoppel
IN ADDITION TO THE ABOVE LISTED OPINIONS, THE COURT CONSIDERED 101 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.

Return to Supreme Court Opinions

Return to Judicial Home Page

SUPREME COURT OPINIONS - 2004 BY FILING DATE

SUPREME COURT OPINIONS - 2004
BY FILING DATE