Case law

River Birch Associates v. City of Raleigh

326 N.C. 100 · Supreme Court of North Carolina · Feb 7, 1990

Instead, the parcel was an undifferentiated part of a larger area clearly labeled “common area” on both the site plan and the landscaping plan. … “An association may have standing in its own right to seek judicial relief from injury to itself and to vindicate whatever rights and immunities the association itself may enjoy.” Warth v.

State v. Jones

317 N.C. 487 · Supreme Court of North Carolina · Aug 12, 1986

These cases establish that in capital cases, we may review the prosecutor’s argument to determine whether the argument was so grossly improper that the trial court abused its discretion in failing to intervene ex mero motu … By his final assignment of error, defendant contends that he “is entitled to a new trial because the constitution prohibits a death qualified jury to pass on the defendant’s guilt or innocence.”

N.C. Dep't of Revenue v. Graybar Elec. Co.

Supreme Court of North Carolina · Feb 28, 2020

A material fact is one that “would constitute or would irrevocably establish any material element of a claim or defense.” Abner Corp. v. City Roofing & Sheetmetal Co., 73 N.C. … While the General Assembly provided a clearly exhaustive definition for “net economic loss,” see N.C. Gen.

Alford v. Shaw

327 N.C. 526 · Supreme Court of North Carolina · Dec 5, 1990

App. 537 , 324 S.E.2d 878 , modified and aff’d, 320 N.C. 465 , 358 S.E.2d 323 , did not establish *544 the good faith, independence and lack of bias of the committee as the law of this case. … The remaining sentences of N.C.G.S. § 55-55(c) refer to discretionary decisions exercisable properly only by the trial judge; clearly the legislature did not intend that a jury be involved in the procedures required under

State v. Berryman

360 N.C. 209 · Supreme Court of North Carolina · Jan 27, 2006

Such an egregious delay is clearly sufficient to trigger examination of the remaining factors. … Court reporters are not totally immune from any responsibility under the law.

State v. Bishop

368 N.C. 869 · Supreme Court of North Carolina · Jun 10, 2016

Ct. 2329, 2344 (1997) (“[O]ur cases provide no basis for qualifying the level of First Amendment scrutiny that should be applied to [the Internet].”), but to all new media and forms of communication that progress might … BISHOP Opinion of the Court President,” that the Secret Service had not violated the clearly established rights of protestors by moving them farther away than supporters during an unexpected

Johnson v. Ruark Obstetrics & Gynecology Associates, P.A.

327 N.C. 283 · Supreme Court of North Carolina · Aug 29, 1990

The majority establishes no limit to foreseeability with its list of factors. … The impact of this rule on the availability of medical care, particularly that of obstetrics, will be to further discourage qualified physicians from practicing.

In re S.M.

Supreme Court of North Carolina · Mar 18, 2022

” ¶ 36 Respondent-father objects to finding of fact 90 on the ground that it “includes expert opinion” which the DSS social worker was not qualified to offer. … ]” and “[b]y explicitly removing that preference for termination, the General Assembly clearly indicated that it no longer believed such a preference was appropriate.”

In Re Stumbo

357 N.C. 279 · Supreme Court of North Carolina · Jul 16, 2003

Perhaps most important, this case implicates well-established and closely guarded constitutional rights. See Corum v. … Unfounded allegations of child abuse unfairly stigmatize individuals, clearly making them "unpopular" within their local community.

Leandro v. State

346 N.C. 336 · Supreme Court of North Carolina · Jul 24, 1997

Clearly then, a county with greater financial resources will be able to supplement its programs to a greater degree than less wealthy counties, resulting in enhanced educational opportunity for its students.... … This description is consistent with Black's Law Dictionary, which defines "equality" as "[t]he condition of possessing substantially the same rights, privileges, and immunities."

In re A.D.H.

Supreme Court of North Carolina · Dec 12, 2025

Nor can it be said that Mother and Father represent the interests of Carteret County DSS in any way to establish privity. … The fundraising that Mother’s aunt, a former Carteret County DSS worker, did for Mother’s legal efforts clearly creates a conflict for Carteret County DSS in this matter, see majority supra n.2 (noting that the Carteret

State v. Holden

321 N.C. 125 · Supreme Court of North Carolina · Dec 2, 1987

N.C.G.S. § 15A-2000 establishes the method by which a jury decides which penal *161 ty is appropriate. … Clearly, juries have tended to return death sentences in murder cases where the defendant also sexually assaulted his victim.

Brown v. . Harding

170 N.C. 253 · Supreme Court of North Carolina · Nov 17, 1915

Gulley has stated his contention in behalf of the Bernards very frankly and very clearly. … The issues might be a little more clearly drawn, but we leave this with the court below, and will not anticipate what the evidence may be by any attempt to formulate them ourselves.

State v. Strudwick

Supreme Court of North Carolina · Oct 29, 2021

In directing our attention to, and in placing such dispositive weight on, this clearly legitimate goal of the SBM program, the State has compellingly highlighted the safeguards which effectively narrow … Again, the fact that the State is acting pursuant to a legislative enactment presumed to be constitutional does not immunize that enactment from constitutional challenge.

State v. Hairston

280 N.C. 220 · Supreme Court of North Carolina · Jan 14, 1972

Following this examination, the court found him to be an expert medical doctor, specializing in pathology, and qualified to give his opinion in that regard. Dr. Wisotzkey then testified that in his opinion Mr. … This testimony clearly shows that the original conspiracy to rob Mr. Minor had not been abandoned, and that the defendants were continuing their efforts to carry out the plan to rob him. In State v.

Chavez v. McFadden

Supreme Court of North Carolina · Jun 5, 2020

Ed. 2d 563, 571–72 (1982)), with this “broad, undoubted power” having its source in the constitutional provision authorizing Congress “[t]o establish [a] uniform Rule of Naturalization.” U.S. Const. art. … Opinion of the Court or any political subdivision of a State, pursuant to which an officer or employee of the State or subdivision, who is determined by the Attorney General to be qualified

City of Winston-Salem v. Southern Railway Co.

248 N.C. 637 · Supreme Court of North Carolina · Sep 17, 1958

the 'public safety demanded elimination of the grade crossing was one in the legislative power of the governing authorities of the city of Durham, and their decision is conclusive and final, unless it was shown that it is clearly … The City’s contribution of $1,250,000 was made available by bond issue approved *654 by the qualified voters of the City.

State v. Kittelle

110 N.C. 560 · Supreme Court of North Carolina · Feb 15, 1892

prima facie evidence of such guilty knowledge,” not solely against the active agent who conducted it, but against anyone who might have been convicted upon the evidence adduced, if both the word “knowingly” and the peculiar qualifying … Following the general current of more modern authority, and the giving to the law under which the indictment is drawn the construction of which it seems so clearly susceptible, I have eliminated the questions that have given

State v. Fisher

336 N.C. 684 · Supreme Court of North Carolina · Jul 29, 1994

However, proof of this circumstance is not sufficient in itself to establish the defendant’s guilt. … Defendant then proceeded to drag Angela out of the front door and into the driveway while continuously stabbing, hitting, and kicking her. *707 This evidence clearly supports the jury’s finding of each of these aggravating

State v. Payne

328 N.C. 377 · Supreme Court of North Carolina · Apr 3, 1991

These preliminary questions were obviously designed to insure that the new prospective jurors were qualified to serve under N.C.G.S. § 9-3. … We find the error to be clearly harmless, entitling defendant to no relief. *395 F.