Case law

STATE EX REL. UTIL. COM'N v. Thornburg

325 N.C. 463 · Supreme Court of North Carolina · Nov 9, 1989

Therefore, the investment in them does not qualify for inclusion in rate base and is equally unqualified for treatment as the source of an operating expense. … This decision, however, is clearly distinguishable from the case before us.

Price v. Howard

346 N.C. 68 · Supreme Court of North Carolina · May 9, 1997

As will be discussed more fully, this decision requires a due-process analysis in which the parent’s well-established paramount interest in the custody and care of the child is balanced against the state’s well-established … Unfitness, neglect, and abandonment clearly constitute conduct inconsistent with the protected status parents may enjoy.

Hoke County Bd. of Educ. v. State

Supreme Court of North Carolina · Nov 4, 2022

In other words, Judge Manning clearly understood that the problem is not with education policy or funding; rather, the problem is with implementation and delivery by the education establishment. … The problem arises not only because the trial court imposed a remedy without first establishing a violation, but because the chosen remedy clearly violates our constitution. b.

State v. Duke

360 N.C. 110 · Supreme Court of North Carolina · Dec 16, 2005

This case is clearly distinguishable from Matthews. … Clearly, the evidence of defendant’s mental or emotional disturbance was not uncontroverted, as established by the cross-examination made by the prosecution.

State v. Parker

354 N.C. 268 · Supreme Court of North Carolina · Nov 9, 2001

The law governing a trial court’s ruling on a motion to dismiss is well established. … Defendant argues this was prejudicial because the expert was no more qualified than the jury to reach a legal conclusion.

State v. Waycaster

Supreme Court of North Carolina · Aug 14, 2020

For this reason, he expressed his belief that the ACIS printout did not qualify as admissible secondary evidence pursuant to Rule 1005 of the North Carolina Rules of Evidence. … Clearly the conviction could have been proven by the deputy’s testimony as to his own personal knowledge or by defendant’s admission.

Cooke v. Cooke

164 N.C. 272 · Supreme Court of North Carolina · Dec 3, 1913

So that if interpreted according to its setting in that section, and controlled and qualified by what precedes and is applicable to all the causes alike, the provision of the act of 1907 is subject to the restriction contained … "We think the meaning and intention of the Legislature are clearly expressed in the way I have indicated; but if not, and the act is ambiguous, the Court should resort to the established rule of presumption, that the lawmaking

State v. Etheridge

319 N.C. 34 · Supreme Court of North Carolina · Feb 3, 1987

Section 8-53.1 qualifies section 8-53 as follows: § 8-53.1. Physician-patient privilege waived in child abuse. … In keeping with the practice established by this Court in recent cases, the names of the two minor victims have been deleted throughout this opinion to spare them further embarrassment.

Whitfield v. Garris.

134 N.C. 24 · Supreme Court of North Carolina · Dec 8, 1903

that, as he has used *29 tlie words “in tbe event of his death, leaving no heirs of his body,” he intended to devise the land to his grandson, Franklin Whitfield, and the heirs of his body, and that such a devise is to be clearly … connection says: “Independently of the special features of this will, to which we have called attention, there are several cases in our reports which tend to show that on general principle this devise creates a. base or qualified

Bynum v. . Bank

219 N.C. 109 · Supreme Court of North Carolina · Jan 31, 1941

Powell has been appointed by the Clerk of the Superior Court of Durham County as Administrator of the Estate of Joanna Leathers, and duly qualified and entered upon his duties as Administrator and as such Administrator has … Only the propriety, relevancy, or materiality of the allegations sought to be stricken from the complaint are brought in question by the motion, which ought to be allowed only when the allegations are clearly improper, irrelevant

State v. Locklear

349 N.C. 118 · Supreme Court of North Carolina · Oct 9, 1998

Love was not clearly erroneous. … The evidence clearly established J.R. Taylor’s proximity to the scene of his father’s murder. We conclude that the prosecutor’s statement that J.R. saw the body, while inappropriate, was not prejudicial.

Johnson v. . Johnson

108 N.C. 620 · Supreme Court of North Carolina · Feb 5, 1891

The deed above referred to is clearly made a material and substantial part of the testator's will. … Thus, the evidence of such division and allotment would be established and made perpetual.

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

N.C. State Bd. of Educ. v. State

371 N.C. 149 · Supreme Court of North Carolina · Jun 8, 2018

While the General Assembly’s authority is clearly established by way of the North Carolina Constitution and the Commission’s authority is clearly established by way of statutory law, if an agency … Because only the “subject to” clause qualifies the Board’s authority, only that thing—outside of the constitution itself—can restrict the Board’s authority. That thing is “laws enacted by the General Assembly.” N.C.

Branch Banking & Trust Co. v. Gill

293 N.C. 164 · Supreme Court of North Carolina · Aug 23, 1977

Our prior holding that the Bank did not take the 13 receipts through "due negotiation" is clearly correct. … We now consider whether the Bank qualifies for this protection.

State v. Childs

269 N.C. 307 · Supreme Court of North Carolina · Feb 3, 1967

And disagreements on successive trials would result in practical immunity from murder. We cannot believe that the Statute was intended to have such a tendency.” … The court in its charge clearly defined burglary in the first degree.

State v. Williams

295 N.C. 655 · Supreme Court of North Carolina · Nov 28, 1978

It follows the pattern of the kidnapping provision, § 212.1, of the Model Penal Code, which contains a qualifying provision providing for reduced punishment in kidnapping cases if the victim is “released alive in a safe place … The requirements of Specht are clearly met here. See also the plurality opinion by Mr. Justice Stevens in Gardner v. Florida, 430 U.S. 349, 358 (1977).

State v. McLaughlin

323 N.C. 68 · Supreme Court of North Carolina · Sep 7, 1988

Defendant next contends that the State should not have been permitted to “death qualify” the jury. … The evidence of the conviction is clearly admissible in the sentencing phase of defendant’s trial as an appropriate method of establishing the N.C.G.S. § 15A-2000(e)(3) aggravating factor. State v.

State v. McNeill

349 N.C. 634 · Supreme Court of North Carolina · Dec 31, 1998

Defendant has no *643 right to be present where prospective jurors are preliminarily sworn in, oriented, and generally qualified for service by a deputy clerk in the jury assembly room. … Clearly, the use of these exhibits to illustrate testimony does not amount to fundamental error justifying a new trial. Cf. State v.

Johnston v. Pasteur

1 N.C. 464 · Supreme Court of North Carolina · Jun 15, 1803

Though the opinions of the fudges on this subject have been different under the former judiciary establishment, and no judgment of sufficient authority was then given, so as to settle the law, yet several recent decisions … John Wishart and Richard Taylor, husbands of the legatees were appointed executors, both of whom qualified, but Wishart principally acted, and worked the slaves on the testator's land.