Case law

State v. Bishop

343 N.C. 518 · Supreme Court of North Carolina · Jul 31, 1996

Again, defendant must show abuse of discretion and prejudice to establish reversible error relating to voir dire. We find that he has failed to do so. … Defendant argues that this testimony amounts to expert opinion from persons who are not qualified by any psychiatric or psychological training to give such opinions. We disagree.

State v. Phipps

331 N.C. 427 · Supreme Court of North Carolina · Jun 25, 1992

N.C.G.S. § 7A-450(b) (1989); see also N.C.G.S. § 7A-454 (1989) (in its discretion the court may approve expert witness fee for an indigent defendant). *446 “[T]o establish a specific need for the assistance of an expert, … The Ake holding does not clearly mandate that the hearing be ex parte. Other federal cases upon which defendant relies construe federal statutes providing for ex parte hearings and are not binding upon us.

State v. Huff

325 N.C. 1 · Supreme Court of North Carolina · Jul 26, 1989

This separate treatment clearly requires that the two charges be addressed separately. … Clearly, that requirement was met here. We note that defendant failed to object to these peremptory instructions at trial.

Comm. to Elect Dan Forest v. Emps. Pol. Action Comm.

Supreme Court of North Carolina · Feb 5, 2021

The record indicates the Committee has complied with the requirements of the Disclosure Statute.52 ¶ 84 The Committee clearly falls under the class of persons on whom the Disclosure Statute confers … For an action to qualify as one brought by a private attorney  COMM. TO ELECT DAN FOREST V.

State v. Kemmerlin

356 N.C. 446 · Supreme Court of North Carolina · Dec 20, 2002

Defendant also *469 asserts that the prosecutor’s and the trial court’s questioning was insufficient to determine whether the jurors were qualified and asserts that defense counsel was entitled to further questioning. … Evidence at trial established that defendant hired Johnson to kill her husband and planned and assisted him prior to the commission of the murder.

State v. Smith

352 N.C. 531 · Supreme Court of North Carolina · Aug 25, 2000

This prospective juror’s subsequent responses reveal that his own inability to understand English made him unqualified to serve as a juror under N.C.G.S. § 9-3 (those qualified to serve as jurors must be able to “hear and … Clearly, in order to do this, a juror must, at the very least, have sufficient proficiency in the English language as to enable him or her to fully comprehend the testimony and the court’s instructions and to fully and effectively

State v. Prevatte

356 N.C. 178 · Supreme Court of North Carolina · Oct 4, 2002

Franks, 300 N.C. 1, 10 , 265 S.E.2d 177, 182 (1980) (evidence of mental disease or deficit alone does not completely establish insanity defense); State v. … These facts clearly distinguish this case from those in which this Court has held a death sentence disproportionate.

Comm. to Elect Dan Forest v. Emps. Pol. Action Comm.

Supreme Court of North Carolina · Feb 5, 2021

The record indicates the Committee has complied with the requirements of the Disclosure Statute.52 ¶ 84 The Committee clearly falls under the class of persons on whom the Disclosure Statute confers … For an action to qualify as one brought by a private attorney  COMM. TO ELECT DAN FOREST V.

State v. Bell

592 S.E.2d 200 · Supreme Court of North Carolina · Oct 7, 2004

The first step requires the defendant to establish a prima facie case of discrimination. Id. at 94 , 90 L. Ed. 2d at 86 -87 . … A witness's "recorded statement, knowingly given in response to structured police questioning, qualifies under any conceivable definition." Id.

State v. Haselden

357 N.C. 1 · Supreme Court of North Carolina · Mar 28, 2003

In sum, we conclude that the facts of the present case clearly distinguish this case from those in which this Court has held a death sentence disproportionate. … Marsh, 755 F.2d 223 (2d Cir.1985) (holding that Army's chaplaincy program did not violate the Establishment Clause).

Piazza v. Kirkbride

372 N.C. 137 · Supreme Court of North Carolina · May 10, 2019

In light of the significant public policy considerations that clearly favor the need for outside directors and their protection, the correct reading of the statute requires plaintiff to prove that the director acted without … The majority's unnecessarily restrictive reading of the Safe Harbor provision will discourage qualified persons from agreeing to serve as unpaid, independent outside directors for corporate governance.

Nay v. Cornerstone Staffing Sols.

Supreme Court of North Carolina · Feb 11, 2022

¶ 25 The difference between a question of law, on the one hand, and a question of fact, on the other, is well-established, although often difficult to determine. … Since employees could only be placed in positions for which they were qualified, an employee’s language barrier might prevent him or her from finding a position.

State v. Anthony

354 N.C. 372 · Supreme Court of North Carolina · Dec 18, 2001

Mathew responded, “I feel that he was significantly intoxicated by Xanax, alcohol, and both; that it would have been difficult for him to think rationally and clearly.” … It was offered not to establish that the children became agitated, but to explain why Mr.

Nay v. Cornerstone Staffing Sols.

Supreme Court of North Carolina · Feb 11, 2022

¶ 25 The difference between a question of law, on the one hand, and a question of fact, on the other, is well-established, although often difficult to determine. … Since employees could only be placed in positions for which they were qualified, an employee’s language barrier might prevent him or her from finding a position.

Finch v. City of Durham

325 N.C. 352 · Supreme Court of North Carolina · Oct 5, 1989

The burden of proof of establishing the invalidity of a zoning ordinance is on the complaining party. Schloss v. Jamison, 262 N.C. 108 , 136 S.E.2d 691 (1964). … As to when specific performance [of a contract for conveyance of land] will be enforced in this jurisdiction the rule is clearly stated in Combes v.