Case law

Matter of Legg

337 N.C. 628 · Supreme Court of North Carolina · Sep 9, 1994

“If the Board relies on specific acts of misconduct to rebut this prima facie showing, and such acts are denied by the applicant, then the Board must establish the specific acts by the greater weight of the evidence.” … Therefore, the question of applicant’s knowledge of the outstanding bill was clearly before the Board in its earlier consideration of the application when it concluded conversion had occurred.

State Ex Rel. Commissioner of Insurance v. North Carolina Automobile Rate Administrative Office

293 N.C. 365 · Supreme Court of North Carolina · Nov 11, 1977

He was qualified, without objection, as an expert in the field of automobile insurance rate making and classification plans. … Clearly one of the purposes of the act was to simplify the primary classification scheme for automobile insurance.

Branch v. Dempsey

265 N.C. 733 · Supreme Court of North Carolina · Dec 15, 1965

This did not qualify him to express an opinion as to the cause of death upon the basis of his own findings. The questions were not in proper form to permit him to do so on the basis of an hypothesis. … As against an alleged principal, the former are clearly incompetent.

Northern National Life Insurance v. Lacy J. Miller MacHine Co.

311 N.C. 62 · Supreme Court of North Carolina · Jun 5, 1984

Brooks told Haynes about Miller's irregular schedule, and Haynes said that as long as Miller had a decision making role in the firm he would qualify under the plan. … This Court is not bound by precedents established by the Court of Appeals.

State v. Berry

356 N.C. 490 · Supreme Court of North Carolina · Dec 20, 2002

In so doing, he gave the State the opportunity to establish the source of the nickname. … SENTENCING ISSUES Defendant argues that the trial court’s instruction as to the (e)(ll) aggravating circumstance was clearly erroneous.

State v. Coffey

326 N.C. 268 · Supreme Court of North Carolina · Mar 1, 1990

In order to establish the underlying felony of kidnapping, the State was required to establish that the defend *281 ant took the child victim for one of the purposes specified in N.C.G.S. § 14-39(a). … They said they weren’t sure, those kinds of things, qualified statements. Nobody said this wasn’t the van.

State v. Robinson

Supreme Court of North Carolina · May 6, 2022

Instead, this Court provided examples—though not an exclusive list—of what can qualify as a distinct interruption: “an intervening event, a lapse of time in which a reasonable person may … ROBINSON 2022-NCSC-60 Opinion of the Court clearly and repeatedly described the assault as one continuous episode, without

State v. Hill

347 N.C. 275 · Supreme Court of North Carolina · Nov 7, 1997

ii) excusal by the trial court of a prospective juror likely qualified to be seated.” … This testimony clearly demonstrates that the trial court did not err by refusing to submit the (f)(6) statutory mitigating circumstance.

State v. Reese

319 N.C. 110 · Supreme Court of North Carolina · Mar 4, 1987

Such testimony, as illustrated by the slides used to illustrate it, was clearly relevant to the extent and nature of the wounds. … We have examined the testimony with respect to these items and find that the State established an adequate foundation for each one admitted into evidence.

State v. Petersilie

334 N.C. 169 · Supreme Court of North Carolina · Jul 30, 1993

A run-off election was required, but defendant did not receive enough votes to qualify for the run-off. Four other candidates did qualify for the run-off election, two of whom were Saul Chase and Louise Miller. … Defendant and the dissenters complain that the statute covers even truthful statements, and it clearly does.

State v. Nicholson

355 N.C. 1 · Supreme Court of North Carolina · Feb 1, 2002

The standards guiding our inquiry on this issue are well established. … Warren established defendant’s mental age at between twelve and one-half and thirteen years of age.

State v. Cummings

346 N.C. 291 · Supreme Court of North Carolina · Jul 24, 1997

Brown’s answers clearly established that she was not sure if she could vote to impose the death penalty, despite the fact that she had no moral or religious beliefs in opposition to it. … Bland clearly stated his position on the death penalty.

State v. Golphin

352 N.C. 364 · Supreme Court of North Carolina · Aug 25, 2000

established federal law as determined by the Supreme Court.” … Kevin’s rights were not violated, as the police did not act contrary to clearly established federal law.

North Carolina School Boards Ass'n v. Moore

359 N.C. 474 · Supreme Court of North Carolina · Jul 1, 2005

Nothing in this Article may in any manner provide immunity from criminal prosecution for a person who possesses an illegal substance. N.C.G.S. § 105-113.105 (2003). … Thus, the fact that a violation is not punishable as a crime does not establish that the penalty is not penal in nature.

State v. Van Pelt

68 L.R.A. 760 · Supreme Court of North Carolina · Dec 13, 1904

Stripped of these introductory recitals and alleged injurious consequences and the qualifying epithets, attached to the facts, the averment is this, that the defendants conspired to injure the prosecutor in his trade and … The moment it is established that the conspiracy is not a substantial ground of action, it follows that no action can be brought recover damages for the joint set of several unless the right self is alleged."

State v. Squires

357 N.C. 529 · Supreme Court of North Carolina · Nov 7, 2003

The trial court clearly instructed the jury that either a completed sale or an attempted sale of cocaine sufficed to support a conviction for felony murder. … In this case defendant was convicted of six qualifying violent felonies on 12 August 1999. Defendant’s trial for the capital murders of House and Keech took place after that date.

Switzerland Co. v. North Carolina State Highway & Public Works Commission

216 N.C. 450 · Supreme Court of North Carolina · Nov 8, 1939

, power lines or other industrial or commercial structures shall be erected on such lands, except that existing commercial buildings may be altered or the property may be otherwise improved for the purpose of continuing established … The theory of trial by jury is, that, by and large, twelve capable and unbiased minds, guided by correct legal instructions, are best qualified to find the facts from the evidence and make true deliverance thereon.

State v. Jaynes

353 N.C. 534 · Supreme Court of North Carolina · Jul 20, 2001

First, in conformance with the Framers’ preference for face-to-face accusation, the Sixth Amendment establishes a rule of necessity. … We hear that in this country we see that, the pundits tell us that people are becoming immune to violence such as this. If that’s true, woe be unto us.

Stehli v. Southern Express Co.

160 N.C. 493 · Supreme Court of North Carolina · Dec 4, 1912

Tbe following statutory provisions clearly define tbe liability of a shipper and a carrier acting in violation of tbe statutes, omitting immaterial parts: “It shall be unlawful for any person, persons, or corporation to offer … This qualification of tbe liability of tbe carrier is reasonable,’ and is as important as tbe rule wbieb it qualifies.

Olivetti Corp. v. Ames Business Systems, Inc.

319 N.C. 534 · Supreme Court of North Carolina · Jun 2, 1987

Third, Calloway rested on the established principle that representations about the quality or usability of real property are not ordinarily the subject of fraud. … In the instant case, Ames clearly proved the fact of damages. The trial court found as follows on this question: 31.