SUPREME COURT OPINIONS - 2007
BY FILING DATE





7 December 2007 Zip File (containing WordPerfect files)
Mandate: 27 December 2007

Case Title / Description Supreme Court Court of Appeals
CB&H Bus. Servs. v. J. T. Comer Consulting, Inc., 362 NC 78 (365A07)
Interpretation of contract provisions regarding use of name "CB&H", summary judgment
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
Dunn v. State, 362 NC 80 (605PA06)
Class action alleging unconstitutionality of state income tax on certain out-of-state interest earnings; challenge to order certifying the class; whether plaintiff taxpayers complied with N.C.G.S. 105-267
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
Gore v. Myrtle/Mueller, 362 NC 27 (396PA06)
Workers' Compensation; Equitable Estoppel; time limit for filing claims (N.C.G.S. 97-24); whether competent medical evidence supported Comm'n's findings that plaintiff sustained a compensable injury
Opinion
(PDF)
Docket Sheet   
In re Allen, 362 NC 73 (463A07)
Review of recommendation for judicial censure
Opinion
(PDF)
Docket Sheet   
In E.P., M.P., 362 NC 82 (298A07)
Juvenile petitions alleging neglect and dependency; whether parents' substance abuse records are relevant and thus admissible at adjudication hearing
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
In re T.J.D.W. & J.J.W., 362 NC 84 (202A07)
Termination of parental rights; N.C.G.S. 50A-203; whether N.C. court had jurisdiction over juvenile who was subject of previous custody order in antoher state
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
Patel v. Stanley Works Customer Support, 362 NC 79 (445PA06)
Workers' Compensation; conflicting evidence from employer concerning plaintiff's average weekly wage; whether competent evidence supported Ind. Comm'n's findings and conclusions
Opinion
(PDF)
Docket Sheet   
State v. Brunson, 362 NC 81 (623A06)
Whether the State presented sufficient evidence of "serious injury" to support defendant's conviction for assault with a deadly weapon inflicting serious injury
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
State v. Legins, 362 NC 83 (310A07)
Attempted robbery with a dangerous weapon; whether sufficient evidence of intent and an overt act existed to survive defendant's motion to dismiss
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
State v. Raines, 362 NC 1 (211A06)
First-degree murder (capital/death)
Opinion
(PDF)
Docket Sheet   
State v. Stone, 362 NC 50 (505A06)
Scope of consent to search one's person for illegal drugs
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
Vogler v. Branch Erections Co., 362 NC 77 (128A07)
Workers' compensation insurance policy; whether N.C. Ins. Guar. Ass'n must pay 10% increase in compensation awarded under N.C.G.S. 97-12; if so whether employer must reimburse
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
Walker v. Fleetwood Homes of N.C., Inc., 362 NC 63 (223A06)
Manufactured housing; alleged unfair or deceptive trade practices, non-buyer's standing to bring UDTP claim
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
Williams v. Vonderau, 362 NC 76 (18A07)
Whether appeal related to civil no-contact order is moot once the order expires; interpretation of N.C.G.S. 5CC-1(6)
Opinion
(PDF)
Docket Sheet Opinion
(PDF)

IN ADDITION TO THE ABOVE LISTED OPINIONS, THE COURT CONSIDERED 87 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.



9 November 2007 Zip File (containing WordPerfect files)
Mandate: 29 November 2007

Case Title / Description Supreme Court Court of Appeals
Hamby v. Profile Products, L.L.C., 361 NC 630 (507A06)
Work-related injury; concurrent claims before Industrial Commission in civil court; interlocutory appeal from trial court's denial of summary judgment to L.L.C. that was sole member-manager of injured worker's employer
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
In re A.S. & M.J.W., 361 NC 686 (140A07)
Ajudication and dispositional order finding abuse under N. C. G. S. Section 7B-101(1); whether trial court erred by stating which parties abused the child instead of simply stating that the child met the statutory definitions of an abused juvenile.
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
In re T.M., 361 NC 683 (243A07)
N. C. G. G Section 7B-1104(5); whether failure to attach copy of custody order to petition to terminate parental rights deprived trial court of subject matter jurisdiction.
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
Level 3 Communications v. Couch, 361 NC 684 (412PA06)
Eminent domain; valuation of a new utility easement located within an existing easement.
Opinion
(PDF)
Docket Sheet   
Rainey v. N.C. Dep't of Pub. Instruction, 361 NC 679 (143PA07)
Statutory inpterpretation; scope of review of final agency decision under N. C. G. S. Section 150B-51(c).
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
State v. Goss, 361 NC 610 (316A05)
First-degree murder (capital/death)
Opinion
(PDF)
Docket Sheet   
State v. Desperados, Inc., 361 NC 682 (629A06)
Constitutionality of county noise ordinance
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
State v. Everette, 361 NC 646 (452A05)
Defendant's Blakely-complaint admission that he was on pretrial release at the time of the offenses allowed trial court to impose aggravated sentences; sufficient evidence existed to support defendant's conviction for discharging a weapon into occupied property; no entitlement to new sentencing hearing.
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
State v. Boyce, 361 NC 670 (129A06)
Whether second-degree kidnapping charge should be dismissed when defendant is charged and convicted of robbery with a dangerous weapon
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
State v. Peterson, 361 NC 587 (547A06)
First-degree murder; non-capital; evidence of prior similar act under Rule 404(b); whether or admission of evidence seized under invalid search warrant was harmless error; prosecutor's improper remarks in closing re. credibility of State's witnesses.
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
State v. Farrar, 361 NC 675 (527PA06)
First-degree burglary; variance between underlying felony specified in indictment and felony described in jury instructions; prejudicial effect.
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
State v. Erickson, 361 NC 685 (95PA07)
First-degree murder (non-capital); whether a defendant who establishes that he was unable to tell right from wrong when he committed the crime is entitled to a jury instsruction on the lesser-included offense of second degree murder.
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
State v. Denny, 361 NC 662 (572PA06)
Whether the State presented sufficient evidence to support defendant's convictions for perjury and making false statements in his affidavit of indigency.
Opinion
(PDF)
Docket Sheet Opinion
(PDF)

IN ADDITION TO THE ABOVE LISTED OPINIONS, THE COURT CONSIDERED 81 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.



12 October 2007 Zip File (containing WordPerfect files)
Mandate: 1 November 2007

Case Title / Description Supreme Court Court of Appeals
Blevins v. Town of W. Jefferson, 361 NC 578 (210A07)
Appeal dismissal for failure to notice of appeal to comply with N.C. R. App. P. 3(a)
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
Dysart v. Cummings, 361 NC 580 (132A07)
Whether buyers complied with real estate purchase contract and addendum provisions when they terminated contract
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
N.C. Farm Bureau Mut. Ins. Co. v. Armwood, 361 NC 576 (99A07)
Commercial not-for-hire vehicle; whether N.C.G.S. 20-309(a1) and -279.21 place duty to provide required minimum coverage amounts on owner or insurer
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
In re C.T. & B.T., 361 NC 581 (175A07)
Dismissal of appeal for failure to include proof of service with notice of appeal
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
Masood v. Erwin Oil Co., 361 NC 579 (94A07)
Workers' Compensation; whether Erwin Oil is statutory employer of convenience store employee under N.C.G.S. 97-19
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
Outerbridge v. Perdue Farms, Inc., 361 NC 583 (78A07)
Worker's Compensation; must Industrial Commission make findings on extent of employee's disability when Comm'n awards benefits for permanent impairment?
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
Plott v. Bojangle's Rests., Inc., (55A07)
Workers' Compensation; whether Indus. Comm'n made sufficient findings retarding extent and nature of employee's disability
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
Don Setliff & Assocs. v. Subway Real Estate Corp., 361 NC 586 (413PA06)
Whether de novo appeals of small claim actions to district court must comply with N.C. R. Civ. P. 8(c)
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
State v. Combs, 361 NC 585 (219A07)
Robbery conviction based on acting in concert theory; whether defendant was constructively present during the crime
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
State v. Clemmons, 361 NC 582 (91A07)
Jury selection; trial court's denial of challenges for cause; whether defendant complied with N.C.G.S. 15A-1214 and showed prejudicial error
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
State v. Sloan, 361 NC 584 (24A07)
Evidence sufficient to support a charge of acting in concert or aiding and abetting
Opinion
(PDF)
Docket Sheet Opinion
(PDF)

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.



24 August 2007 Zip File (containing WordPerfect files)
Mandate: 13 September 2007

Case Title / Description Supreme Court Court of Appeals
Forbis v. Neal, 361 NC 519 (79PA06)
Estate; allegations of fraud against former attorney-in-fact; Dead Man's Statute; summary judgment
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
Holly Ridge Assocs., LLC v. N.C. Dep't Env't & Natural Res., 361 NC 531 (218A06)
Private party intervention in contested case challenging civil penalty assessment
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
In re Royster, 361 NC 560 (608A06)
Judicial censure; issuance of ex parte order
Opinion
(PDF)
Docket Sheet   
Pender Cty. v. Bartlett, 361 NC 491 (103A06)
2003 N.C. House redistricting plan; effect of whole county provision of N.C. Constitution on District 18; application of Voting Rights Act of 1965 to District 18
Opinion
(PDF)
Docket Sheet   
State v. Oglesby, 361 NC 541 (683PA05)
Whether N.C.G.S. 7B-2101 gives juvenile right to aunt's presence during police interrogation
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
State v. Cummings, 361 NC 438 (1A05)
First-degree murder (capital/death)
Opinion
(PDF)
Docket Sheet   
State v. Lewis, 361 NC 541 (558PA04-2)
On remand; victim's statements to police; application of Davis v. Washington
Opinion
(PDF)
Docket Sheet   
State v. Jacobs, 361 NC 565 (617A05)
Felony sentencing; constitutionality of trial court's unilateral finding of four aggravating factors; imposition of attorney fees under N.C.G.S. 7A-455
Opinion
(PDF)
Docket Sheet Opinion
(PDF)

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.



28 June 2007 Zip File (containing WordPerfect files)
Mandate: 18 July 2007

Case Title / Description Supreme Court Court of Appeals
In re: A.R.G., 361 NC 392 (378A06)
Whether a child custody review order entered under N. C. G. S. section 7B-906 is appealed under former section 7B-1001(4); did trial court have subject matter jurisdiction without an affidavit of minor child's status/
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
Multiple Claimants v. NCDHHS, 361 NC 372 (183A06)
Tort claims act; fire in county jail; DHHS inspection requirements; public duty doctrine
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
State v. Anh Viet Thai, 361 NC 419 (7PA06)
Felony sentencing; whether defendant's probationary status when he committed the offense at issue should have been submitted to the jury
Opinion
(PDF)
Docket Sheet   
State v. Craig C. Wissink, 361 NC 418 (484PA05)
Felony sentencing; whether defendant's probationary status when he committed the offense at issue should have been submitted to the jury
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
State v. Donnie S. Carpenter, 361 NC 382 (422A06)
Felony drug charges; admissibility at trial of evidence of previous drug sale by defendant under Rule 404(b)
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
State v. James Jordan Cobb, III, 361 NC 414 (447PA05)
Embezzlement; trial judge's determination of aggravating sentencing factor following guilty plea
Opinion
(PDF)
Docket Sheet   
State v. Kenneth Joel Cupid, 361 NC 417 (560PA05)
Felony sentencing; whether defendant's probationary status when he commited the offenses at issue should have been submitted to a jury
Opinion
(PDF)
Docket Sheet   
State v. Alejandro Hernandez-Madrid, 361 NC 421 (534PA05)
Guilty plea entered before Blakely v. Washington and State v. Allen were decided; whether defendant knowingly stipulated to facts supporting the trial judge's finding of an aggravating sentencing factor
Opinion
(PDF)
Docket Sheet   
State v. Darian Jaquan Harris, 361 NC 400 (472PA06)
Whether a positive urine test for marijuana, standing alone, supports a conviction for possession
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
State v. Delauno Montrez Corey, 361 NC 422 (539PA05)
Whether defense counsel's stipulation to existence of a factual basis for defendant's guilty plea was also a stipulation to the facts supporting the trial judge's finding of aggravating sentencing factors
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
State v. Elizabeth Paige McMahan, 361 NC 420 (657PA05)
Appeal from probation revocation and reactivation of suspended sentences in aggravated range; application of Blakely to original enhanced sentences that were final before Blakely was decided
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
State v. James Meynardie, 361 NC 416 (446PA05)
Alford guilty plea entered before Blakely v. Washington and State v. Allen were decided; whether defendant knowingly stipulated to facts supporting the trial judge's finding of an aggravating sentencing factor
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
State v. Marlon Rio Massey, 361 NC 406 (637A05)
Multiple sexual offenses with a minor; unanimous jury verdicts; judicial finding of an aggravating factor at sentencing (Blakely)
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
State v. Nicholas Holmes, 361 NC 410 (283PA06)
Appeal from probation revocation and activation of suspended sentences in aggravated range; application of Blakely to original aggravated sentences that were final before Blakely was decided
Opinion
(PDF)
Docket Sheet   

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.



4 May 2007 Zip File (containing WordPerfect files)
Mandate: 24 May 2007

Case Title / Description Supreme Court Court of Appeals
Harris v. Matthews, 361 NC 265 (479PA05-2)
Interlocutory appeal from denial of motion to dismiss; subect matter jurisdiction; church governance issues
Opinion
(PDF)
Docket Sheet   
In re Ballance, 361 NC 338 (117A07)
Judicial removal; failure to file federal income tax return
Opinion
(PDF)
Docket Sheet   
In re R.L.C., 361 NC 287 (531A06)
Crime against nature law; statutory construction; application to minors less than three years apart in age
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
In re A.P., 361 NC 344 (534A06)
Dependent child; appeal from order granting legal custody to biological father; trial court's jurisdiction to conduct evidentiary hearing once juvenile matter has been closed
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
In re J.T.W., 361 NC 341 (477A06)
Whether grounds existed to terminate parental rights based on neglect
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
In re C.B., 361 NC 345 (586A06)
Whether child's bruising from corporatl punishment is sufficient evidence of parental "abuse" and "neglect" as defined in N.C.G.S. 7B-101
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
Estate of Nelson v. Nelson, 361 NC 346 (508A06)
Equitable distribution; whether death of one spouse after date of separation but before divorce converts real property held as tenants by entirety to surviving spouse's separate property
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
Printing Servs. of Greensboro, Inc. v. Am. Capital Grp., Inc., 361 NC 347 (599A06)
Statutory construction; whether Loan Broker Act applies to corporate borrowers
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
State v. Lasiter, 361 NC 299 (222PA06)
Prospective juror with close ties to law enforcement; denial of defendant's challenge for cause; whether trial court abused its discretion
Opinion
(PDF)
Docket Sheet   
State v. Hart, 361 NC 309 (446A06)
Argument/assignment of error dismissed on appeal for violation of N.C. R. App. P. 10(c)(1)
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
State v. Agnew, 361 NC 333 (388PA06)
Guilty plea; N.C.G.S. 15A-1022(c); whether defendant established fair and just reason to withdraw his plea
Opinion
(PDF)
Docket Sheet   
State v. Badgett, 361 NC 234 (522A04)
First-degree murder (capital/death)
Opinion
(PDF)
Docket Sheet   
State v. Hurt, 361 NC 325 (192A04-2)
On reconsideration; judicial determination of aggravating factors; Washington v. Recuenco
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
Walsh v. Town of Wrightsville Beach Bd. of Alderman, 361 NC 348 (467A06)
Whether adjacent property owner has standing to contest zoning decision; case dismissed on appeal for violation of N.C. Rules of Appellate Procedure
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
Wiggs v. Edgecombe Cty., 361 NC 318 (466A06)
Retired local law enforcement officer's special separation allowance; whether allowance terminates upon officer's reemployment with another unit participating in same retirement system; whether officer had vested contractual right to continued payment of allowance
Opinion
(PDF)
Docket Sheet Opinion
(PDF)

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.



9 March 2007 Zip File (containing WordPerfect files)
Mandate: 29 March 2007

Case Title / Description Supreme Court Court of Appeals
Bio-Med. Applications of N.C., Inc. v. N.C. Dep't of Health & Human Servs., 361 NC 229 (549A06)
Certificate of need; Dep't's decision not to correct erroneous need determination in State Medical Facilities Plan; whether sovereign immunity bars consideration of complaint seeking injunctive relief, declaratory judgment, and writ of mandamus
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
Carter-Hubbard Publ'g Co. v. WRMC Hosp. Operating Corp., 361 NC 233 (411A06)
Whether public hospital's contract to purchase a private medical practice is a public record
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
In re T.S., III & S.M., 361 NC 231 (384A06)
Dispositional order finding neglect; failure to meet statutory time limit to enter order; prejudicial effect
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
In re C.D.A.W., 361 NC 232 (110A06)
Whether guardian ad litem should have been appointed for mother during proceedings to terminate her parental rights
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
Ocean Hill Joint Venture v. Currituck Cty. Bd. of Comm'rs, 361 NC 228 (382PA06)
Scope of trial court's de novo review of county commissioners' order closing roads to public
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
Wornstaff v. Wornstaff, 361 NC 230 (558A06)
Whether domestic violence protection order contained sufficient findings of fact to support a conclusion that defendant violated N.C.G.S. 50B-1(a)(2)
Opinion
(PDF)
Docket Sheet Opinion
(PDF)

IN ADDITION TO THE ABOVE LISTED OPINIONS, THE COURT CONSIDERED 104 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.



26 January 2007 Zip File (containing WordPerfect files)
Mandate: 15 February 2007

Case Title / Description Supreme Court Court of Appeals
Formyduval v. Britt, 361 NC 215 (357A06)
Legal malpractice claim against attorney who allegedly mishandled plaintiffs' previous medical malpractice claim; whether Rule 9(j) applies to the legal malpractice claim
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
Frost v. Salter Path Fire & Rescue, 361 NC 181 (181A06)
Workers' Compensation; recreational event; whether employee's injury was work-related
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
Magnolia Mfg. of N.C., Inc. v. Erie Ins. Exch., 361 NC 213 (525A06)
Summary judgment; whether insurance policy covers losses to insured's business from roof "collapse"
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
Ripellino v. N.C. School Bds. Ass'n, 361 NC 214 (180A06)
Constitutional and non-constitutional claims against local school board arising from accident on school premises; summary judgment and judgment on the pleadings
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
Robins v. Town of Hillsborough, 361 NC 193 (154A06)
Pending site plan review; permanent ban on lawful use
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
State v. Everett, 361 NC 217 (350A06)
Second-degree murder; self-defense; whether excluding some evidence of victim's violent character was prejudicial error
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
State v. Nipper, 361 NC 216 (346PA06)
Burning of detached garage at a residence applicability of N.C.G.S. 14-58 and -62
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
State v. Hinton, 361 NC 207 (113PA06)
Robbery with a dangerous weapon; are hands a "dangerous weapon" under N.C.G.S. 14-87?
Opinion
(PDF)
Docket Sheet   
State v. Ellis, 361 NC 200 (638PA04)
Trial court's order to DOC to change inmate's sentencing record
Opinion
(PDF)
Docket Sheet Opinion
(PDF)

IN ADDITION TO THE ABOVE LISTED OPINIONS, THE COURT CONSIDERED 138 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.





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