Case law

Derebery v. Pitt County Fire Marshall

318 N.C. 192 · Supreme Court of North Carolina · Aug 29, 1986

. § 97-29 clearly indicates the limitation intended by the General Assembly. … Further evidence established that the plaintiff had lived independently of his parents for several years before his accident.

Baker v. . Garris

108 N.C. 219 · Supreme Court of North Carolina · Feb 5, 1891

Garris died, possessed of real and personal estate, leaving a will, in which her husband, the defendant, was appointed executor of the same, who qualified as such executor in August, 1887, and entered on his duties as such … While this disposes of the appeal, we will add that we are clearly of the opinion that oral testimony is not admissible to show the grounds upon which the preceding judge placed his ruling.

In re The McClatchy Co.

Supreme Court of North Carolina · May 23, 2024

Thus, subsection (f) explicitly acknowledges that persons who do not qualify for disclosure under subsection (c) may initiate subsection (g) proceedings. Id. … Thus, N.C.G.S. § 132-1.4A(f) and (g) clearly and unambiguously establish separate mechanisms for obtaining video evidence from law enforcement, yet the majority eliminates these distinctions by reading ambiguity into a

Eaker v. International Shoe Co.

199 N.C. 379 · Supreme Court of North Carolina · Sep 10, 1930

C., 60 , clearly states tbe law in this respect: ‘The doctrine does not dispense with tbe requirement that tbe party who alleges negligence must prove tbe fact, but relates only to tbe mode of proving it. … expressed his willingness to admit the photograph (X-ray) in evidence provided expert testimony was introduced satisfactorily explaining the photograph to the jury, but held upon the evidence offered that the witness had not qualified

In Re the Appeal of the University of North Carolina

300 N.C. 563 · Supreme Court of North Carolina · Jul 15, 1980

A number of states have thought so and such restrictions have been clearly expressed in their constitutions. . . . … [a] coordinate branch of the government has exceeded the powers vested in it unless it is plainly and clearly the case.”

State v. Grady

372 N.C. 509 · Supreme Court of North Carolina · Aug 16, 2019

To qualify as a recidivist under the statute, a defendant must have multiple "reportable convictions." Id. § 14-208.6(2b). … Society clearly does not afford violent sex offenders a full legitimate expectation of location-based privacy, as exemplified by the limitations on sex offenders' movements.

State v. Jackson

340 N.C. 301 · Supreme Court of North Carolina · Jun 2, 1995

Murphy clearly landed the heavier blows. Murphy attempted to walk away, but defendant followed him and they resumed fighting, again with Murphy getting the better of defendant. … Such testimony, if clearly and cogently presented, would be plainly relevant in a first-degree murder trial. The determining factor then, as to this issue, is whether Dr.

In Re Cain

60 N.C. 525 · Supreme Court of North Carolina · Dec 5, 1864

(533) The case clearly falls under section 10. The petitioner does not show that he was committed for a crime, but that he is restrained of his liberty as a conscript. … He avers he is not liable to conscription, and asks for the writ as a civil remedy to establish his right under a contract.

Costanzo v. Currituck County

Supreme Court of North Carolina · May 22, 2026

Where a statute clearly and unambiguously authorizes a locality to act, the statute must be given “its plain and definite meaning. … An exercise of judgment can involve “mentally establishing a relation between two or more terms.” Judgment, Webster’s Third New International Dictionary at 1223.

State v. Covington

290 N.C. 313 · Supreme Court of North Carolina · Jul 14, 1976

Cook was pertinent to establish an element of the crime. Defendant had not stipulated or admitted the cause of Mr. … Defendant did not timely object, exercise his right of cross-examination or request that he be allowed to qualify the witness.

Rodwell v. Rowland

137 N.C. 617 · Supreme Court of North Carolina · Mar 28, 1905

The adjective “regular” is used to qualify election so as to distinguish it from other kinds of elections. … The ballots were declared worthless paper, as there was no vacancy, showing clearly that the question of vacancy or no vacancy was considered by the Court.

Ashe County v. Ashe Cnty. Plan. Bd.

Supreme Court of North Carolina · Mar 21, 2025

Lastly, the court held that “the record supports the Planning Director’s conclusions regarding the location of these commercial buildings, and that the buildings did, in fact, qualify as commercial buildings within the … Clearly, the receipt of money to support the care of more or less permanent residents is incidental to the scope of defendant’s efforts.

State v. Lewis

360 N.C. 1 · Supreme Court of North Carolina · Oct 7, 2005

Clearly, the investigation at issue in Crawford had progressed much further than Officer Cashwell’s investigation when he *25 first spoke with Carlson. … L.J. 703 , 716 (2005) (“Implicitly, not every conversation with the police will qualify as a testimonial statement.”)

State v. Davis

305 N.C. 400 · Supreme Court of North Carolina · May 4, 1982

Wilder established necessity as she was the declarant and unavailable as a witness. Id. We think that the reasonable probability of truthfulness of the diary entry is clear. It is obvious that Mrs. … The defendant additionally contends that it is a violation of equal protection of the laws to deny him *428 the funds for an expert to testify as to the “guilt proneness” of jurors who are death qualified.

Pinnacle Health Servs. of N.C. LLC v. N.C. Dep't of Health & Hum. Servs.

Supreme Court of North Carolina · Oct 17, 2025

The dissent also argued that Pinnacle had failed to establish substantial prejudice. Id. at 511. … Our review here is governed by subsection 150B-51(c) which clearly states that alleged errors under subsections (5) and (6) receive whole record review. N.C.G.S. § 150B-51(b)–(c).

Connette v. Charlotte-Mecklenburg Hospital Authority

Supreme Court of North Carolina · Aug 19, 2022

Marion General Hospital establishes a contrary principle, we reverse Byrd. … However, adhering to the principles of stare decisis, this Court should not disturb settled precedent that clearly defines the liability of doctors and nurses when treating or diagnosing patients.

Spence v. Durham

283 N.C. 671 · Supreme Court of North Carolina · Aug 31, 1973

The majority of this Court, and probably the District Court as well, appears to have been led astray by two red herrings skillfully drawn through the record: (1) The clearly established unfitness of the father to have the … It shows clearly that the mother, herself, intended from the beginning so to nullify the Georgia judgment.

State v. Porter

303 N.C. 680 · Supreme Court of North Carolina · Aug 31, 1981

Porter contends that since the dog handler who testifed at trial could not establish the pedigree of the dog that tracked him, the *690 first element specified in McLeod was not established. … Porter’s initial statement that “the bank bag is in the car” was clearly the type of volunteered statement expressly excluded from the Miranda holding.

State v. Brown

271 N.C. 250 · Supreme Court of North Carolina · Aug 25, 1967

Since the petitioner established a prima facie case, the burden of going forward with the evidence is upon the respondent. [Citing authority.] … But he has a constitutional right to be indicted and tried by juries from which persons of his race have not been systematically excluded — juries selected from qualified persons regardless of race. S. v.

Settle v. Settle.

141 N.C. 553 · Supreme Court of North Carolina · May 25, 1906

The convention of 1875 conferred upon the General Assembly the power to distribute the jurisdiction conferred upon the several courts established by the Constitution and those which should by the power conferred be established … We think that these facts clearly suggest to the court a desire and purpose to have the proper proceedings, orders, etc., necessary to have a full statement and distribution of Mrs.