Case law

State v. Charles Phillips Bond

345 N.C. 1 · Supreme Court of North Carolina · Dec 6, 1996

Robbins was a qualified juror and that it was error for the trial court to reopen voir dire. We disagree. … First, a criminal defendant must establish a prima facie case of intentional discrimination by the prosecutor.

Nobel v. Foxmoor Grp., LLC

Supreme Court of North Carolina · Feb 11, 2022

Robertson’s conduct in selling that product to Nobel should not be immunized by his self-serving (and seemingly false) description of the nature of his business. … Here, the defendant’s conduct is clearly encompassed within the plain language of the UDTPA, even as that language has By contrast, if Robertson had been sued by his co-founder, who was also Foxmoor

Wells v. Consolidated Judicial Retirement System

354 N.C. 313 · Supreme Court of North Carolina · Nov 9, 2001

The addition of the words "under this Chapter" as a qualifier to "early or service retirement allowance" clarifies that this provision was intended to apply to each of the articles within Chapter 135. … If the General Assembly intended to prohibit moving from one system to another and still draw retirement benefits, it clearly could have said so, but the General Assembly did not.

Libertarian Party v. State

365 N.C. 41 · Supreme Court of North Carolina · Mar 11, 2011

Thus, a citizen, after having already established that a statute burdens a fundamental right, must now convince a court that the burden is "severe" enough, or else the court will defer to the legislature. … In my view, the presumption of constitutionality places an initial burden on the challenger of a statute, who must clearly demonstrate a conflict with a constitutional right before we proceed any further in our review.

Morrison v. Burlington Industries

304 N.C. 1 · Supreme Court of North Carolina · Oct 6, 1981

Professor Larson notes that “[njothing is better established in compensation law” than this principle. … Little’s injury on the job combined with her non-job-related infirmities might well qualify her for an award of total incapacity under G.S. 97-29.

State v. Jackson

320 N.C. 452 · Supreme Court of North Carolina · Jul 28, 1987

In calculating the probability of paternity, the expert applies Bayes theorem, which demonstrates the effect of a new item of evidence on a previously established probability. … Kerney’s opinion testimony was clearly of the type we have held inadmissible in Aguallo and Heath , and it was therefore error to admit it.

State v. . Scott

182 N.C. 866 · Supreme Court of North Carolina · Nov 30, 1921

The function of this board is to examine applicants and grant certificates, as certified public accountants of the State of North Carolina, to those giving evidence by such examination that they are qualified. … This was a fact established, and not even a mandatory injunction could change it.

State v. Betts

Supreme Court of North Carolina · Jun 11, 2021

Mazzola was qualified as an expert witness in sexual abuse and pediatric counseling. … To show that an error was fundamental, a defendant must establish prejudice—that, after examination of the entire record, the error had a probable impact on the

Harper v. Hall

Supreme Court of North Carolina · Feb 14, 2022

Pegden was qualified and accepted as an expert at trial in probability.” In this case, Dr. … The will of the people of Florida is fully and clearly expressed in their constitution.

Schooldev E., LLC v. Town of Wake Forest

Supreme Court of North Carolina · Dec 13, 2024

Hence, the BOC should have approved petitioner’s permit applications regardless of whether UDO § 3.7.5 qualifies as a subdivision ordinance or N.C.G.S. § 160A-307.1 preempts UDO § 3.7.5. … Relevant here, the Town denied Schooldev’s permit application because it failed to establish compliance with Sections 3.7.5(A) and 3.7.5(B)(2).

President of the State Bank v. Locke

15 N.C. 529 · Supreme Court of North Carolina · Jun 5, 1834

But they are expressly qualified. … The fact pleaded, is payment or satisfaction, It is said that it is established by the lapse of time.

State v. Blakeney

352 N.C. 287 · Supreme Court of North Carolina · Jul 13, 2000

Crawford’s responses clearly demonstrated that he could not temporarily set aside his own beliefs about the death penalty and agree to follow the law. … Defendant argues that Agent Shaw was not qualified to render an opinion on this subject and that his opinion was not of assistance to the jury. *311 A witness qualified as an expert by knowledge, skill, experience, training

Construction Co. v. . Brockenbrough

187 N.C. 65 · Supreme Court of North Carolina · Jan 22, 1924

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor … This matter is clearly stated by the late Associate Justice Walker , who was always painstaking and careful, in Anderson v.

State v. Brewington

Supreme Court of North Carolina · Jun 27, 2013

At defendant’s trial, the State presented evidence to establish chain of custody of the seized substance. … Today we are presented with a case that clearly violates the Confrontation Clause. -35-

State v. Brewington

367 N.C. 29 · Supreme Court of North Carolina · Jun 27, 2013

At defendant’s trial, the State presented evidence to establish chain of custody of the seized substance. … Today we are presented with a case that clearly violates the Confrontation Clause. -35-

Harper v. Hall

Supreme Court of North Carolina · Feb 14, 2022

Pegden was qualified and accepted as an expert at trial in probability.” In this case, Dr. … The will of the people of Florida is fully and clearly expressed in their constitution.

State v. Franklin

327 N.C. 162 · Supreme Court of North Carolina · Jul 26, 1990

The evidence presented does not clearly establish the date upon which defendant and the victim met. … This threat, because it is directed against a specific person, does not qualify as a class threat. Class threats are defined in State v.

State Ex Rel. Utilities Commission v. Public Staff-North Carolina Utilities Commission

323 N.C. 481 · Supreme Court of North Carolina · Dec 8, 1988

The cost of financing is clearly lower than it has been in several years. The Company is a financially healthy utility. … Consideration of this kind of risk factor lies clearly within the ambit of the Commission’s ratemaking expertise.

Deese v. Southeastern Lawn and Tree Expert Co.

306 N.C. 275 · Supreme Court of North Carolina · Jul 13, 1982

When the statute is so *145 read, the legislature's failure to use the word "entire" to qualify or quantify the amount of compensation to be paid these specially covered dependents is important, and we must give meaningful … Even if it is conceded arguendo that the statute in question lends itself as easily to the interpretation applied by the majority as to the interpretation for which I argue, the plaintiffs here should prevail under established

In Re Guess

327 N.C. 46 · Supreme Court of North Carolina · Jul 26, 1990

Ed. 829, 838 (1954) (“It is elemental that a state has broad power to establish and enforce standards of conduct within its borders relative to the health of everyone there.”). … Examining the language of N.C.G.S. § 90-14(a)(6), we conclude that the legislature clearly wished to protect the public from “unprofessional conduct” by physicians, and gave as an example of such conduct that which does not