SUPREME COURT OPINIONS - 2008
BY FILING DATE





12 December 2008 Zip File (containing WordPerfect files)
Mandate: 2 January 2009

Case Title / Description Supreme Court Court of Appeals
Andrews ex rel. Andrews v. Haygood, 362 NC 599 (57A07-2)
N.C.G.S. 108A-57(a); statutory allocation of medical expenses from tort claim settlement to determine State Medicaid reimbursements in compliance with Ark. Dep't of Health & Human Servs. v. Ahlborn
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
Chapel Hill Title & Abstract Co. v. Town of Chapel Hill Bd. of Adjust., 362 NC 649 (275A08)
Whether effect of restrictive covenants should be considered when deciding whether to grant lot owner a variance from a land use ordinance
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
Crawford v. Mintz, 362 NC 666 (47A08)
Claim for negligent misrepresentation; whether plaintiff-purchasers established "justifiable reliance" on erroneous MLS report furnished to them about the property
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
In re Williamson Vill. Condos., 362 NC 671 (20A08)
N.C. Condominium Act; applicability of "substantial compliance" clause of N.C.G.S. 47C-1-104(c) to failure to specify a development time limit under N.C.G.S. 47C-2-105(a)(8)
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
In re Will of Jones, 362 NC 569 (37A08)
Will caveat based on alleged undue influence on testator; summary judgment for party asserting validity of the document
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
In re B.L.H. & Z.L.H., 362 NC 674 (259A08)
Whether a petition to terminate parental rights can be amended during the termination hearing to conform to the evidence presented at the hearing
Opinion
(PDF)
Docket Sheet   
Johnson v. City of Winston-Salem, 362 NC 676 (111A08)
Workers' Compensation; apportionment of benefits based on percentage of disability caused by occupational disease
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
Lamar OCI S. Corp. v. Stanly Cty. Zoning Bd. of Adjust., 362 NC 670 (485A07)
Whether Outdoor Advertising Control Act and related DOT regulations preempt county zoning ordinance barring relocation of nonconforming billboard
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
Lineberger v. N.C. Dep't of Corr., 362 NC 675 (141A08)
Declaratory judgment action seeking interpretation of how parole eligibility statutes apply to plaintiff's consolidated sentence under Fair Sentencing Act
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
Mangum v. Raleigh Bd. of Adjust., 362 NC 640 (613PA07)
Standing; whether neighboring property owners were "aggrieved parties" permitted to challenge issuance of a special use permit under N.C.G.S. 160A-388
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
Moore v. Nationwide Mut. Ins. Co., 362 NC 673 (330A08)
Whether uninsured motorist coverage applies when insured's vehicle hits a log lying on a road; application of "physical contact rule" to N.C.G.S. 20-279.21(b)(3) reference to "collision between motor vehicles"
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
Richardson v. Maxim Healthcare/Allegis Grp., 362 NC 657 (102A08)
Workers' Compensation; notice of claim requirement under N.C.G.S. 97-22; sufficiency of medical evidence that employee's injuries required replacement of both breast implaints
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
State v. Taylor, 362 NC 514 (719A05)
First-degree murder (capital/death)
Opinion
(PDF)
Docket Sheet   
State v. Lane, 362 NC 667 (606A05)
First-degree murder (capital/death)
Opinion
(PDF)
Docket Sheet   
State v. Maready, 362 NC 614 (32A08)
Motor vehicle wreck; second-degree murder; motion to suppress evidence from traffic stop; plain error review of introduction of evidence of defendant's prior convictions
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
State v. Corbett, 362 NC 672 (337A08)
Whether by pleading guilty after the trial court denied his double jeopardy claim, defendant waived appellate review of the double jeopardy claim
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
State v. Smith, 362 NC 583 (234A08)
Application of corpus delicti rule to defendant's extrajudicial confession and conviction for sex offense with a child; plain error review of improper jury instructions related to defendant's conviction for indecent liberties
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
State v. Williams, 362 NC 628 (256A08)
Dismissal of criminal charge for State's failure to provide defendant potentially exculpatory photographs and poster; N.C.G.S. 15A-954(a)(4)
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
State v. Duncan, 362 NC 665 (91A08)
Murder trial (noncapital); IAC claim based on defense counsel's failure to present evidence of and request a jury instruction on diminished capacity
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
Terry's Floor Fashions, Inc. v. Crown Gen. Contr'rs, Inc., 362 NC 669 (362A07)
Contractor's abandonment of project; award of attorneys' fees under N.C.G.S. 44A-35 to subcontractor that obtained a lien on the subject property to pay amount owed
Opinion
(PDF)
Docket Sheet Opinion
(PDF)

IN ADDITION TO THE ABOVE LISTED OPINIONS, THE COURT CONSIDERED 118 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 October 2008 Zip File (containing WordPerfect files)
Mandate: 30 October 2008

Case Title / Description Supreme Court Court of Appeals
Good Hope Health Sys., L.L.C. v. N.C. Dep't of Health & Human Servs., 362 NC 504 (57A06-2)
Certificate of need; whether total replacement of hospital facility should be reviewed as a new institutional health service or as a modification to a previously issued CON
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
Grant v. High Point Reg'l Health Sys., 362 NC 502 (474PA05-2)
Failure to produce x-rays; Rule 12(b)(6) motion to dismiss common law obstruction of justice claim
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
Hughes v. Rivera-Ortiz, 362 NC 501 (611A07)
Medical malpractice; alleged sexual assault by M.D.; denial of plantiff's Rule 59 motion for new trial on damages; ratification of negligence by medical clinic
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
In re Badgett, 362 NC 482 (144A08)
Review of recommendation for judicial censure
Opinion
(PDF)
Docket Sheet   
In re L.B., 362 NC 507 (7A08)
Appeal from termination of parental rights; whether N.C. R. App. P. 3A permits parent's GAL to sign a notice of appeal on the parent's behalf
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
Macher v. Macher, 362 NC 505 (55A08)
Rule 60(b) motion to set aside divorce judgment on grounds trial court lacked personal jurisdiction over defendant; conflicting evidence whether defendant signed his purported answer to divorce complaint
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
McIntyre v. McIntyre, 362 NC 503 (58A08)
Whether a prenuptial agreement waived all rights to equitable distribution or was simply a "fair trader" agreement
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
State v. Haislip, 362 NC 499 (513PA07)
Standing to challenge constitutionality of driver's license checkpoint
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
State v. Turnage, 362 NC 491 (228A08)
First-degree burglary; sufficiency of evidence of defendant as the perpetrator of the crime of first-degree burglary
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
Watts v. N.C. Dep't of Env't & Natural Res., 362 NC 497 (191A07)
Tort Claims Act; negligent issuance of improvement permit following faulty soil test; public duty doctrine/special duty exception
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
Williams v. Law Cos. Grp., Inc., 362 NC 506 (52A08)
Workers' Compensation; sufficiency of medical evidence on causation
Opinion
(PDF)
Docket Sheet Opinion
(PDF)

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.



27 August 2008 Zip File (containing WordPerfect files)
Mandate: 16 September 2008

Case Title / Description Supreme Court Court of Appeals
In re T.H.T., 362 NC 446 (469A07)
Adjudicatory and dispositional order awarding child's custody to father; trial court's failure to meet time limit and hearing requirements of N.C.G.S. 7B-807(b); proper remedy is mandamus
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
Shaw v. U.S. Airways, Inc., 362 NC 457 (580A07)
Workers' Compensation; whether employer contributions to employee pension and 401(k) account should be included when calculating plaintiff's average weekly wage under N.C.G.S. 97-2(5)
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
State ex rel. Cooper v. Ridgeway Brands Mfg., LLC, 362 NC 431 (408A07)
Failure by tomacco manufacturer to make required payments into State-qualified escrow fund; Rules 12(b)(6) dimissal of claims against company owner based on relation-back doctrine and civil conspiracy
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
State v. Styles, 362 NC 412 (442A07)
Alleged traffic violation; reasonable suspicion to stop vehicle; motion to suppress evidence seized in subsequent search
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
State v. Murrell, 362 NC 375 (484A06)
First-degree murder (capital/death)
Opinion
(PDF)
Docket Sheet   

IN ADDITION TO THE ABOVE LISTED OPINIONS, THE COURT CONSIDERED 136 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 June 2008 Zip File (containing WordPerfect files)
Mandate: 2 July 2008

Case Title / Description Supreme Court Court of Appeals
Binney v. Banner Therapy Prods., Inc., 362 NC 310 (431A06)
Unemployment insurance eligibility; disqualification due to discharge for alleged misconduct; standard of judicial review of Employment Sec. Comm'n decision denying benefits
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
Pegg v. Jones, 362 NC 343 (9A08)
Title to real property; whether trial court made sufficient findings of fact concerning defendant's adverse possession claim
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
Hassell v. Onslow Cty. Bd. of Educ., 362 NC 299 (172A07)
Workers' Compensation; whether school teacher's generalized anxiety disorder is a compensable occupational disease
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
In re D.B., C.B., 362 NC 345 (590A07)
Terminationof parentalrights; whether service of process was ineffective, thereby depriving trial court of subject matter jurisdiction
Opinion
(PDF)
Docket Sheet   
In re Appeal of Morgan, 362 NC 339 (582A07)
Appeal to Property Tax Comm'n from assessment of unpaid back taxes plus interest on a residence; "immaterial irregularities" under N.C.G.S. 105-394
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
Standley v. Town of Woodfin, 362 NC 328 (531A07)
Constitutionality of ordinance barring all registered sex offenders from town parks
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
State v. Gobal, 362 NC 342 (545A07)
N.C.G.S. 14-27.4; sexual acts against a child; whether indictments charging defendant with two separate offenses related to the same transaction and were thus multiplicious
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
State v. Person, 362 NC 340 (2A08)
Erroneous jury instruction on rape/acting in concert; plain error review; applicability of State v. Graham
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
State v. Cook, 362 NC 285 (341A07)
Motor vehicle wreck; application of State v. Fuller to denial of defendant's motion to continue on grounds of alleged insufficient notice of expert testimony to be offered on defendant's BAC level using "retrograde extrapolation" method
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
State v. Myles, 362 NC 344 (41A08)
Traffic stop; reasonable suspicion to continue investigation after conclusion of initial stop; motion to suppress evidence seized in subsequent search
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
State v. Moore, 362 NC 319 (460A06)
New Trial; Defendant's motion for appropriate relief dismissed as moot
Opinion
(PDF)
Docket Sheet   
State v. Gwynn, 362 NC 334 (158PA07)
Felony murder; whether trial court correctly refused to instruct on lesser-included offense
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
Weaver v. Sheppa, 362 NC 341 (558PA07)
Medical malpractice; sufficiency of expert testimony on proximate cause
Opinion
(PDF)
Docket Sheet Opinion
(PDF)

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.



11 April 2008 Zip File (containing WordPerfect files)
Mandate: 1 May 2008

Case Title / Description Supreme Court Court of Appeals
Carolina Bldg. Serv.' Windows & Doors, Inc. v. Boardwalk, LLC, 362 NC 262 (444PA06)
Contractor's abandonment of construction project; can contractor's failure to defend and subsequent entry of default judgment against it terminate subcontractor's right to a lien on the property on which improvements were made?
Opinion
(PDF)
Docket Sheet   
Peerless Ins. Co. v Genelect Servs., Inc., 362 NC 282 (575A07)
Whether plaintiff's forecast evidence of negligence was sufficient to survive summary judgment for defendant or was mere speculation
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
Marvin L. Poindexter, Inc. v. Boardwalk, LLC, 362 NC 281 (443PA06)
Contractor's abandonment of construction project; can contractor's failure to defendant and subsequent entry of default judgment against it terminate subcontractor's right to a lien on the property on which improvements were made?
Opinion
(PDF)
Docket Sheet   
Schenkel & Shultz, Inc. v. Hermon F. Fox & Assocs., 362 NC 269 (631A06)
Construction contract; indemnity
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
State v. Coltrane, 362 NC 284 (348A07)
Appeal from conviction of driving while license suspended; whether the State was entitled to a presumption that it complied with N.C.G.S. 20-48(a) (2005) when it notified defendant of the suspension
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
State v. Barden, 362 NC 277 (96A01-2)
Batson v. Kentucky challenge to prosecution's use of peremptory challenges; appeal from trial court's order following remand for hearing after defendant's conviction and sentence of death for first-degree murder
Opinion
(PDF)
Docket Sheet   
State v. Hess, 362 NC 283 (465PA07)
Vehicle stop based solely on officer's knowledge that the owner's driver's license is suspended; motion to suppress based on lack of reasonable suspicion to stop
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
State v. Barnard, 362 NC 244 (347A07)
Alleged traffic violation; reasonable suspicion to stop vehicle; motion to suppress evidence and statements
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
Ward v. Floors Perfect, 362 NC 280 (339A07)
Workers' Compensation; change in condition under N,C.G.S. 97-47
Opinion
(PDF)
Docket Sheet Opinion
(PDF)

IN ADDITION TO THE ABOVE LISTED OPINIONS, THE COURT CONSIDERED 107 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 2008 Zip File (containing WordPerfect files)
Mandate: 27 March 2008

Case Title / Description Supreme Court Court of Appeals
Cherney v. N.C. Zoological Park, 362 NC 223 (606A04-3)
Tort Claims Act; appeal from N.C. Indus. Comm'n decision denying claim; legal standard for determining premises liability
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
Dogwood Dev. & Mgmt. Co., LLC v. White Oak Transp. Co., 362 NC 191 (303A07)
North Carolina Rules of Appellate Procedure
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
In re Inquiry of Badgett, 362 NC 202 (173A07)
Review of recommendation for judicial censure
Opinion
(PDF)
Docket Sheet   
In re IBM Credit Corp., 362 NC 228 (520A07)
Personal property valuation; appeal to Property Tax Commission; whether taxpayer has burden of proof or of production under In re AMP
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
In re N.G., 362 NC 229 (510A07)
Minor child; adjudication of neglect & dispositional order ceasing reunification efforts; whether clear and convincing evidence supported findings of fact on which both order were based.
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
In re S.J.M., 362 NC 230 (363A07)
Juvenile petition alleging dependency; whether DSS offered sufficient proof of issuance of summons to establish trial court's subject matter jurisdiction over the case
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
Jones v. Harrelson & Smith Contr'rs, LLC, 362 NC 226 (36A07)
Case dismissed on appeal for violations of N.C. R. App. P. 10(c)(1)
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
Lowery v. Campbell, 362 NC 231 (502A07)
Following award of benefits to employee of uninsured subcontractor, whether Indus. Comm'n has exclusive jurisdiction over declaratory judgment action to determine defendants' liability to plaintiff as third-party beneficiary of a contract to provide workers' comp coverage to subcontractor's employees
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
Richardson v. Bank of Am., N.A., 362 NC 227 (240PA07)
Class action; sale of single premium credit insurance in conjunction with mortgage loans; claims based on breach of duty of good faith and fair dealing; calculating treble damages for UDTP claims when borrower has received a premium refund
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
State v. McDougald, 362 NC 224 (64A07)
Order denying motion to suppress evidence seized from defendant's residence; whether defendant's appeal from the order complied with Rules of Appellate Procedure
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
State v. Mead, 362 NC 218 (383A07)
Sentencing proceeding; whether clerk's comment regarding trial court's failure to specify whether defendant's sentences were to run concurrently or consecutively violated N.C.G.S. 15A-1334(b)
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
State v. Seward, 362 NC 210 (174PA07)
Whether trial judge has authority to declare a case noncapital following a Rule 24 pretrial hearing
Opinion
(PDF)
Docket Sheet   
State v. Sparks, 362 NC 181 (160A07)
Failure to register as a sex offender; whether double jeopardy applies to a post-release supervision and parole revocation hearing
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
State v. Caple, 362 NC 232 (437A05-2)
Judicial determination of aggravating factor; Blakely v. Washington & State v. Blackwell
Opinion
(PDF)
Docket Sheet   
Winding Ridge Homeowners Ass'n v. Joffe, 362 NC 225 (404A07)
Subdivision covemant limiting each lot to one single family dwelling; whether this structural restriction also restricts occupancy of the dwelling to a single family
Opinion
(PDF)
Docket Sheet Opinion
(PDF)

IN ADDITION TO THE ABOVE LISTED OPINIONS, THE COURT CONSIDERED 118 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.



25 January 2008 Zip File (containing WordPerfect files)
Mandate: 14 February 2008

Case Title / Description Supreme Court Court of Appeals
Davis v. Harrah's Cherokee Casino, 362 NC 133 (456A06)
Workers' Compensation; whether evidence supports findings on natural progression of claimant's work-related injury
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
Harrell v. Bowen, 362 NC 142 (587PA06)
Whether punitive damages can be recovered from a deceased defendant's estate
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
In re J.Z.M., R.O.M., R.D.M, 362 NC 167 (366A07)
Termination of parental rights hearing; failure to meet statutory time limit; whether sufficient prejudice was shown
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
In re H.L.A.D., 362 NC 170 (386A07)
Termination of parental rights as to juvenile who was previous NC resident but lived out of state when termination petition was filed; application of sections 7B-1101 and 50A-202
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
In re J.J., 362 NC 172 (15A07)
Dependent children; permanency planning review; whether high cost of implementing reunification can support an order to cease reunification efforts; whether guardian ad litem should have been appointed for the mother; prejudicial effect of failure to meet statutory time limit to enter order
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
In re J.E., & Q.D., 362 NC 168 (297A07)
Juvenile proceedings culminating in termination of parental rights; whether N.C.G.S. 7B-601(a) requirements for GAL representation for children were met
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
Phillips v. Phillips, 362 NC 171 (409A07)
Relevance of plaintiff's ownership of a condo to alimony determination under N.C.G.S. 50-16.1A(2) and Williams v. Williams
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
State v. Wilson, 362 NC 162 (257A07)
Application of Medley v. Dep't of Corr. to criminal charges brought under N.C.G.S. 14-27.7(a) against employee of an entity under contract to provide health care services to county jail inmates
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
State v. Whaley, 362 NC 156 (440PA06)
Application of Evidence Rules 611(b) & 403 to cross-examination testimony from prosecuting witness regarding her mental state
Opinion
(PDF)
Docket Sheet   
State v. Hill, 362 NC 169 (416A07)
Whether State's amendment to indictments during trial changing the designation of the statute violated was error under N.C.G.S. 15A-923(e)
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
State v. Gillespie, 362 NC 150 (2PA07)
Whether trial court's discovery sanction excluding defendant's use of a mental health defense constituted an abuse of discretion under N.C.G.S. 15A-910
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
Thornton v. Cherry Hosp., 362 NC 173 (281A07)
Tort Claims Act; duty of care to patient who was involuntarily committed; applicability of contributory negligence defense
Opinion
(PDF)
Docket Sheet Opinion
(PDF)
Tillman v. Commercial Credit Loans, Inc., 362 NC 93 (360A06)
Consumer loan transaction requiring purchase of single premium credit insurance; whether arbitration clause in loan contract is unconscionable
Opinion
(PDF)
Docket Sheet Opinion
(PDF)

IN ADDITION TO THE ABOVE LISTED OPINIONS, THE COURT CONSIDERED 68 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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