SUPREME COURT OPINIONS - 2006
BY FILING DATE

20 December 2006 Zip File (containing WordPerfect files)
Mandate: 9 January 2007

• Jones v. City of Durham, 361 NC 144 (137A05-2) - Speeding police car causing injury to pedestrian; gross negligence
• Shepard v. Ocwen Federal Bank, 361 NC 137 (476A05) - Usurious loan origination fee; when statute of limitations accrues
• Skinner v. Preferred Credit, 361 NC 114 (525A05) - Predatory lending; personal jurisdiction over nonresident assignee of mortgage note secured by property located in N.C.

  IN ADDITION TO THE ABOVE LISTED OPINIONS, THE COURT CONSIDERED 38 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.
  
  

15 December 2006 Zip File (containing WordPerfect files)
Mandate: 4 January 2007

• Badillo v. Cunningham, 361 NC 112 (359A06) - Dismissal of case for discovery violation under N.C. R. Civ. P. 37
• Builders Mut. Ins. Co. v. North Main Constr., Ltd., 361 NC 85 (155A06) - Automobile wreck; commercial general insurance policy effect of automobile exclusion clause on coverage
• Department of Transp. v. M.M. Fowler, Inc., 361 NC 1 (305PA05) - Condemnation action; diminished property value; evidence of lost business profits
• Duke Energy Corp. v. Malcolm, 361 NC 111 (379A06) - Interpretation of consent judgment establishing power company easement
• Early v. County of Durham Dep't of Soc. Servs., 361 NC 113 (524PA05) - Dismissal of DSS employee with less than two years of service; whether just cause provision of State Personnel Act applies; if so, whether DSS had just cause to terminate; timeliness of appeal; back pay & attorneys' fees
• Gilreath v. N.C. Dep't of Health & Human Servs., 361 NC 109 (310A06) - On-call pay rate; sufficiency of affidavits filed in support of summary judgment motions
• Goldston v. State, 361 NC 26 (328PA04-2) - Taxpayer standing to challenge constitutionality of transfers from Highway Trust Fund to General Fund
• In re J.H., 361 NC 110 (372A06) - Possession of stolen vehicle; sufficiency of evidence
• State v. Polke, 361 NC 65 (412A05) - First-degree murder (capital/death)
• State v. Hammett, 361 NC 92 (83A06) - Statutory sex offense & taking indecent liberties with a child; admission of expert medical testimony that abuse occurred without physical findings of abuse; plain error review
• State v. Bauberger, (172A06) - Jury's use of standard dictionary during deliberations in criminal case; use discovered after jury was discharged; whether new trial is warranted
• State v. Bryant, 361 NC 100 (117A06) - Probation revocation hearing held after expiration of probation period; application of N.C.G.S. § 15A-1344(f)
• State v. Blackwell, 361 NC 41 (490PA04-2) - On reconsideration; judicial determination of aggravating factor; Washington v. Recuenco
• State v. Williams, 361 NC 78 (118A06) - Did trial court abuse its discretion in limiting defendant's time to confer with his counsel after the close of the State's evidence?
• State v. McKinney, 361 NC 53 (622PA05) - Motion to suppress; application of "fruit of poisonous tree" doctrine
• State v. Carter, 361 NC 108 (290A06) - Plain error review; trial court's failure to instruct jury on lesser offense of conspiracy to commit common law robbery
• State v. Speight, 361 NC 106 (491PA04-2) - On remand; judicial determination of aggravating factors; Washington v. Recuenco
• Van Reypen Assocs. v. Teeter, 361 NC 107 (84PA06) - Expert non-eyewitness opinion on speed of ;vehicle; sufficiency of affidavit from allegedly negligent driver to support summary judgment for defendants

  IN ADDITION TO THE ABOVE LISTED OPINIONS, THE COURT CONSIDERED 86 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.
  
  

17 November 2006 Zip File (containing WordPerfect files)
Mandate: 7 December 2006

• Chambers v. Transit Mgmt., 360 NC 609 (527A05) - Workers' Compensation; Spine condition and ulnar neuropathy; compensable as occupational disease and specific traumatic incident?
• Good Hope Health Sys., L.L.C. v. N.C. Dep't of Health & Human Servs., 360 NC 635 (57A06) - Certificate of need; whether sugsequent CON application makes appeal from earlier denial moot
• Good Hope Hosp., Inc. v. N.C. Dep't of Health & Human Servs., 360 NC 641 (58A06) - Certificate of need; whether N.C.G.S. § 131E-184 exempts total replacement of hospital facility from CON review
• In re T.R.P., 360 NC 588 (629A05) - Unsigned petition alleging neglect of minor child; effect on court's subject matter jurisdiction
• Kornegay v. Robinson, 360 NC 640 (153A06) - Premarital agreement; "voluntariness" of wife's execution under N.C.G.S. § 52B-7(a)(1)
• Misenheimer v. Burris, 360 NC 620 (245A05) - Criminal Conversation; Statute of Limitations; Does discovery rule apply?
• N.C. Bd. of Pharm. v. Rules Review Comm'n Commission, 360 NC 638 (673A05) - Board's statutory authority to adopt a rule regulating pharacist working hours
• Patronelli v. Patronelli, 360 NC 628 (55A06) - N.C.G.S. § 50-16.4; attorney fees for pro bono services provided to dependent spouse in alimony action
• State v. Forrest, (270A04-2) - On remand; victim's out-of-court statements; application of Davis v. Washington
• State v. Myers, 360 NC 643 (660PA05) - Second-degree murder; sufficiency of evidence; double inference rule

  IN ADDITION TO THE ABOVE LISTED OPINIONS, THE COURT CONSIDERED 112 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 October 2006 Zip File (containing WordPerfect files)
Mandate: 26 October 2006

• In re D.M.W., 360 NC 583 (671PA05) - Minor child; sufficiency of evidence of grounds to terminate parental rights
• Lee v. Dep't of Transp., 360 NC 585 (119A06) - State Personnel Comm'n; subject matter jurisdiction over state employee's race discrimination claim
• Perez v. American Airlines/AMR Corp., 360 NC 587 (661PA05) - Workers' Compensation; applicability of N.C.G.S. § 97-47 & Parsons presumption to Form 60 filings in which the employer admits an employee's right to compensation
• Terasaka v. AT&T, 360 NC 584 (696A05) - Workers' Compensation; carpal tunnel syndrome; proof of disability under Russell v. Lowes Prod. Distrib'n
• Williams v. Nationwide Mut. Ins. Co., 360 NC 586 (712PA05) - Automobile wreck; N.C.G.S. § 20-279.21(b)(4); amount of UIM coverage when insured did not have chance to reject coverage or select different coverage limits

  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.
  
  

18 August 2006 Zip File (containing WordPerfect files)
Mandate: 7 September 2006

• Armstrong v. Homeowners Asso., 360 NC 547 (640PA05) - Subdivision regulation; scope of permissible amendments to the original declaration of restrictive covenents
• D'Aquisto v. Health System, 360 NC 567 (415PA05) - Workers' Compensation; assault at work by stranger; accident "arising out of" employment?
• State v. Twanprece N. Ivey, 360 NC 562 (458PA05) - Alleged traffic violation; probable cause to stop vehicle; warrantless search; motion to suppress

  IN ADDITION TO THE ABOVE LISTED OPINIONS, THE COURT CONSIDERED 122 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 June 2006 Zip File (containing WordPerfect files)
Mandate: 20 July 2006

• Coley v. State, 360 NC 493 (607A05) - Midyear income tax increase applicable to entire tax year; constitutionality under Art. I, Sec. 16 of N.C.
• Davis v. Davis, 360 NC 518 (571PA04) - Domestic violence protective orders; equitable distribution; property included in marital estate
• Ezell v. Grace Hosp., Inc., 360 NC 529 (44A06) - N.C.G.S. § 108A-57(a); extent of DMA's subrogation right when only part of a settlement is for medical expenses caused by the settling tortfeasor
• State v. Norris, 360 NC 507 (486A05) - Application of Blakely v. Washington and State v. Allen to defendant sentenced in the presumptive range

  IN ADDITION TO THE ABOVE LISTED OPINIONS, THE COURT CONSIDERED 184 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 May 2006 Zip File (containing WordPerfect files)
Mandate: 25 May 2006

• Prop. Rights Advocacy Grp. v. Town of Long Beach, 360 NC 474 (559A05) - Constitutionality of local act and an ordinance enacted thereunder; does repeal of the ordinance render a challenge to the act non-justiciable and moot?
• Herring v. Food Lion, LLC, 360 NC 472 (28A06) - Customer's fall on defendant's premises; negligence; should directed verdict have been set aside & new trial ordered?
• In re As.L.G. & Au.R.G., 360 NC 475 (624PA05) - Termination of parental rights proceedings; failures to meet statutory time limits; prejudicial effect
• In re A.K., 360 NC 449 (139PA05) - Minor child; neglect finding, followed by later custody award; mootness of appeal from earlier order
• In re C.L.C., K.T.R., A.M.R., E.A.R., 360 NC 475 (467A05) - Termination of parental rights proceedings; failures to meet statutory time limits; prejudicial effect; grounds to terminate under N.C.G.S. § 7B-111(a)
• Lewis v. Beachview Exxon Serv., 360 NC 469 (645A05) - Workers' Compensation; conflicting medical testimony; failure to address estoppel argument; whether that issue was preserved for appellate review
• Myers v. McGrady, (391A04-2) - Negligence; third-party complaint against the State; proper forum; public duty doctrine; failure to allege waiver of sovereign immunity
• Osetek v. Jeremiah, 360 NC 471 (687A05) - Personal injury; jury instructions; mandatory presumption on amount of medical expenses incurred
• State v. Forte, 360 NC 427 (20A04) - No error guilt-innocence phase; no error capital sentencing proceeding; non-capital sentencing vacated and remanded for resentencing
• State v. Yarrell, 360 NC 473 (448PA05) - Prior adjudication of delinquency for an offense equivalent to a Class A thru E felony; judicial finding as an aggravating factor; application of Blakely
• State v. Elliott, 360 NC 400 (184A04) - First-degree murder (capital/death)

  IN ADDITION TO THE ABOVE LISTED OPINIONS, THE COURT CONSIDERED 103 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 April 2006 Zip File (containing WordPerfect files)
Mandate: 27 April 2006

• Capps v. NW Sign Indus. of N.C., 360 NC 391 (383A05) - Breach of employment contract; forum-selection issue; interlocutory appeal from order denying motion to dismiss
• Coker v. DaimlerChrysler Corp., 360 NC 398 (532A05) - Unfair trade practices and common law fraud; standing to sue; "actual injurY" requirement; economic loss doctrine
• Diaz v. Division of Soc. Servs., 360 NC 384 (523PA04) - Medicaid; undocumented alien; coverage for "emergency medical condition"
• Keyzer v. Amerlink, Ltd., 360 NC 397 (587A05) - "Consent" to enter law ofice procured by deception; trespass claim
• M W Clearing & Grading, Inc. v. N.C. Dep't Env't & Natural Res., 360 NC 392 (432A05) - Civil penalty for open burning; single or multiple violations?
• McGladrey & Pullen, Inc. v. N. C. State Bd. of Certified Public Accountants Exam'rs., 360 NC 399 (469A05) - CPA firm; proposed name change; deceptive and misleading or violation of right to free speech?
• State v. Harrison, 360 NC 394 (228A05) - Second-degree kidnapping; whether jury should have been instructed on lesser offense of false imprisonment
• State v. Lawrence, 360 NC 393 (457PA04) - Second degree sexual offense; jultiple counts and incidents; unanimous jury verdicts, MAR (Blakely)
• State v. Silas, 360 NC 377 (171PA05) - Felonious breaking or entering; effect of amending indictment to specify underlying felony
• State v. Renfro, 360 NC 395 (674A05) - Prior convictions admitted under Rule 404(b); did defendant's later testimony render the error harmless?
• State v. Lawrence, 360 NC 368 (293A05) - Indecent liberties and rape; multiple indictments and verdict sheets; jury unanimity
• Trayford v. N.C. Psychology Bd., 360 NC 396 (649A05) - Dual licensure as psychological associate and professional counselor; Psychology Board's authority to regulate activities performed under license granded by another licensing board

  IN ADDITION TO THE ABOVE LISTED OPINIONS, THE COURT CONSIDERED 129 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.
  
  

3 March 2006 Zip File (containing WordPerfect files)
Mandate: 23 March 2006

• Barham v. Hawk, (461PA04) - Medical malpractice; standard of care testimony by non-party treating physicians
• Cater v. Barker, 360 NC 357 (546A05) - Sale of residence; Seller's agreement to "cause" repairs to be made after closing; appeal from summary judgment finding breach of agreement
• N.C. Dep't of Transp. v. Haywood Cty., 360 NC 349 (628PA04) - Condemnation action; diminished property and rental value; expert testimony
• In re J.W., 360 NC 361 (592A05) - Termination of mother's parental rights; Sufficiency of evidence to support findings under N.C.G.S. § 7B-1111; Admission of previous court orders into evidence
• In re P.L.P., 360 NC 360 (521A05) - Minor child; Father incarcerated; Termination of parental rights based on finding of neglect
• Nationwide Mut. Fire Ins. Co. v. Bourlon, 360 NC 356 (551A05) - Dispute over insurer's duty to indemnify insured; Nature of attorney-client relationship between insurer and attorney hired by insurer to defendant insured in underlying action; Extent of attorney-client privilege between the same attorney and the insured
• Loredo v. CSX Transp., 360 NC 354 (297A05) - Summary judgment determination that railroad crossing was not "peculiarly and unusually hazardous"
• Munn v. N.C. State Univ., 360 NC 353 (567A05) - Faculty member; phased retirement program; breach of contract; amount of damages
• State v. Ripley, 360 NC 333 (489A05) - Kidnapping and robbery; "technical asportation" or separate offenses?
• State v. Ross, 360 NC 355 (581A05) - Charges subject to deferred prosecution agreement dismissed; defendant charged again and convicted; violation of double jeopardy or due process
• State v. Ethridge, 360 NC 359 (134A05) - Pattern Jury Instruction on flight
• State v. Allen, 360 NC 297 (115A04) - First-degree murder (capital/death)
• State v. Smith, 360 NC 341 (346A05) - Second-degree rape; jury instruction on force and lack of consent
• Stein v. Asheville City Bd. of Educ., 360 NC 321 (128A05) - Negligence; Rule 12(b)(6) motion; Sufficiency of Complaint

  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.
  
  

27 January 2006 Zip File (containing WordPerfect files)
Mandate: 16 February 2006

• In re Adoption of Anderson, 360 NC 271 (448PA04) - Biological father; consent for adoption; financial support required under N.C.G.S. § 48-3-601
• McCutchen v. McCutchen, 360 NC 280 (308A05) - Alienation of affection; Statute of Limitations; When claim accrues
• Nolan v.Village of Marvin, 360 NC 256 (488A05) - Involuntary annexation; services to be provided to annexed area
• O & M Indus. v. Smith Eng'r Co., 360 NC 263 (502PA04) - Subcontractor's lien; amount obligor must withhold from contractor; setoff for costs of completion
• State v. Corbett, 360 NC 287 (98A05) - Kidnapping; "Safe place" jury instruction
• State v. Berryman, 360 NC 209 (302A05) - Delayed trial transcript; Appellate review; Due process
• State v. Hurst, 360 NC 181 (363A04) - First-degree murder (capital/death)
• State v. McNeill, 360 NC 231 (615A03) - First-degree murder (capital/death)

  IN ADDITION TO THE ABOVE LISTED OPINIONS, THE COURT CONSIDERED 164 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.