Case law

Adams v. . Turrentine

30 N.C. 147 · Supreme Court of North Carolina · Dec 5, 1847

The recital in the latter statute is only of escapes that are clearly voluntary, and the operative words of the former are, “ suffer to go out of prison,” and of the latter, “ suffer or let such prisoner go at large;” and … It is, that it would put an end at once to the beneficial and well established doctrine of recaption or fresh pursuit.

State v. Maske

358 N.C. 40 · Supreme Court of North Carolina · Feb 6, 2004

Defendant argues that he was deprived of a trial by twelve jurors because juror Walker was not qualified to participate in his trial. … This case clearly demonstrates how avoidable mistakes place a substantial strain on our judicial resources.

State Ex Rel. Cobey v. Simpson

333 N.C. 81 · Supreme Court of North Carolina · Dec 18, 1992

The language upon which defendant focuses, “for such other or further relief in the premises as said court shall deem proper,” was deleted by the recent enactment, and language which clearly *90 and unambiguously mandates … The Commission rules elsewhere qualify that requirement.

State v. Fletcher

279 N.C. 85 · Supreme Court of North Carolina · Jun 10, 1971

The principles upon which Swaney was decided are even more clearly applicable to Fletcher. Swaney was found sitting in an automobile near the scene of the crime, with the motor running. … In light of the overwhelming evidence presented by the State, any errors which might have occurred in this trial are clearly harmless beyond a reasonable doubt.

Denny v. . Palmer

27 N.C. 610 · Supreme Court of North Carolina · Jun 5, 1845

It is not understood clearly by us, what is meant by the expression* that “ the whole transaction took place at Danville.” … Atkinson was cited, it has been disregarded, and a contrary principle established. As in the case of Smith v. Beckett, 13 East, 187. Esdaile v. Sowerby, 11 East, 114. Whitfield v. Savage, 2 Bos. & Pul. 279.

State v. Bruce

315 N.C. 273 · Supreme Court of North Carolina · Dec 10, 1985

She was qualified as an expert in the area of sexual abuse and opined that the child’s behavior was typical of a sexually abused child. The defendant also introduced evidence. Dr. … Although there were discrepancies in her extrajudicial statements to others and in her trial testimony with regard to the manner, extent and frequency of the penetration of her vagina by her father’s penis, she clearly testified

State v. Bondurant

309 N.C. 674 · Supreme Court of North Carolina · Dec 6, 1983

The prosecutor’s emphasis was on the unlawfulness of defendant’s act and unlawfulness is clearly an element of the crime for which defendant had been convicted. … Clearly, the trial judge correctly denominated the viewing an experiment.

Orlando Residence, Ltd. v. Alliance Hosp. Mgmt., LLC

Supreme Court of North Carolina · Aug 14, 2020

The first and third elements of res judicata are clearly satisfied. It is undisputed that a final judgment was rendered in the Nelson Action. … peace” order enjoining Nelson, his wife, and a business entity found to be the alter ego of Nelson from filing any further legal actions or claims against Orlando without prior approval of the court given Nelson’s “well-established

Black v. Littlejohn

312 N.C. 626 · Supreme Court of North Carolina · Jan 30, 1985

have the effect of granting the defendant an immunity to actions for malpractice after the applicable period of time has elapsed. … The opinions of courts in states that still apply the strict rule are often so worded as to show clearly that judges dislike and disapprove of enforcing the rule.

State v. East

345 N.C. 535 · Supreme Court of North Carolina · Mar 7, 1997

Defendant contends that these opinions were rendered without proper foundation by a witness not qualified as an expert because Agent Tulley was not an expert in *550 blood-spatter evidence. … This education and experience clearly put her in a “better position to have an opinion on the subject than is the trier of fact.” Id. at 529 , 461 S.E.2d at 640.

State v. Luster

306 N.C. 566 · Supreme Court of North Carolina · Oct 5, 1982

Whether a defendant is entitled to have the defense of entrapment submitted, absent questions of agency, is governed by well-established rules set out in State v. … McIntire, 23 Cal. 3d 742, 748 , 591 P. 2d 527, 530 (1979): “Improper governmental instigation of crime is not immunized because it is effected indirectly through a pliable medium.”

State v. Diaz-Tomas

Supreme Court of North Carolina · Nov 4, 2022

Because the presence of the word “may” in N.C.G.S. § 15A-932(d) “clearly indicates . . . that discretion to reinstate charges previously dismissed with leave lies solely with the prosecutor,” the District Court … In Camacho, this Court observed that [t]he several District Attorneys of the State are independent constitutional officers, elected in their districts by the qualified

State v. Rose

339 N.C. 172 · Supreme Court of North Carolina · Dec 30, 1994

Sultan also indicated she was not qualified to perform testing for this condition. Dr. Claudia Coleman, who was qualified to do so, reviewed Dr. Sultan’s affidavit and the psychological report from Dorothea Dix. Dr. … This evidence clearly supports a reasonable inference — more than a mere suspicion or conjecture — that defendant was the perpetrator of the murders.

State v. Huffstetler

312 N.C. 92 · Supreme Court of North Carolina · Nov 6, 1984

The defendant next contends that the procedure of “death qualifying” the jury for the guilt-innocence phase of his trial resulted in a guilt prone jury and deprived him of a fair trial. … After being properly qualified as an expert in the field of forensic serology, Ms.

State v. Diaz-Tomas

Supreme Court of North Carolina · Nov 4, 2022

Because the presence of the word “may” in N.C.G.S. § 15A-932(d) “clearly indicates . . . that discretion to reinstate charges previously dismissed with leave lies solely with the prosecutor,” the District Court … In Camacho, this Court observed that [t]he several District Attorneys of the State are independent constitutional officers, elected in their districts by the qualified

Weavil v. C. W. Myers Trading Post, Inc.

245 N.C. 106 · Supreme Court of North Carolina · Dec 12, 1956

The courts generally hold a motorist on the road is bound to exercise ordinary care for his own safety under all the circumstances, and that the so-called law of the road, established by common *114 law or statute, is not … The court in its charge as to the first issue clearly and correctly declared and explained the law arising on the evidence in the case as to the signal lights favorably to plaintiff.

State Ex Rel. Utilities Commission v. Piedmont Natural Gas Co.

346 N.C. 558 · Supreme Court of North Carolina · Jul 24, 1997

The Commission found that both Piedmont and Frontier had made a prima facie case that they were qualified and capable of providing natural gas service to the Four-County area. … In this case the Commission established prefiling dates and scheduling orders necessary for the orderly conduct of its business.

STATE EX REL. UTILITIES COM'N v. Edmisten

242 S.E.2d 862 · Supreme Court of North Carolina · Apr 17, 1978

This is clearly best for the consumers of gas. … In any opinion, it clearly does not.

State v. Reid

335 N.C. 647 · Supreme Court of North Carolina · Mar 4, 1994

Defendant also argues that the trial judge did not clearly set out the difference between perfect and imperfect self-defense. … The principles regarding the law of self-defense are well established.

State v. Franklin

308 N.C. 682 · Supreme Court of North Carolina · Jul 7, 1983

Finally, defendant argues that the court erred in permitting the State to ask prospective jurors death qualifying questions, thereby violating his right to an impartial jury and a fair trial. … I also dissent from the majority's conclusion that no error was committed in death qualifying the jury for the reasons stated in my dissent in State v. Avery, 299 N.C. 126 , 261 S.E.2d 803 (1980).