Case law

Harris v. N.C. Dep't of Pub. Safety

252 N.C. App. 94 · Court of Appeals of North Carolina · Mar 7, 2017

If the employee's act qualifies as a type of unacceptable conduct, the tribunal proceeds to the third inquiry: whether that misconduct amounted to just cause for the disciplinary action taken. … The ALJ clearly determined just cause does not exist for Petitioner's termination. The separate opinion would impose the harshest alternative allowed as a sanction for unacceptable personal conduct.

State v. Poole

223 N.C. App. 185 · Court of Appeals of North Carolina · Oct 16, 2012

“[F]orensic analyses qualify as ‘testimonial’ statements, and forensic analysts are ‘witnesses’ to which the Confrontation Clause applies.” Id. at 452 , 681 S.E.2d at 304-05 (citation omitted). … his having been in possession of “dope” or “drugs” does not in any way indicate what type of “dope” or “drugs” he was in possession of or indicate what schedule of controlled substance was involved, we hold that it does clearly

State v. Mendoza

250 N.C. App. 731 · Court of Appeals of North Carolina · Dec 6, 2016

So this . . . witness qualifies as an expert. She is an expert. … Cobb has] very clearly incorporated it in her opinion.

State v. Wallace

71 N.C. App. 681 · Court of Appeals of North Carolina · Dec 18, 1984

Clearly, the better practice for such photographic identification would have been to use a handwritten tag in defendant’s photograph, as was used with the other persons. … Opinion evidence is generally inadmissible if the witness can relate the facts “so that the jury will have an adequate understanding of them and the jury is as well-qualified as the witness to draw inferences and conclusions

Cumberland Cnty. Hosp. Sys., Inc. v. N.C. Dep't of Health & Human Servs.

242 N.C. App. 524 · Court of Appeals of North Carolina · Aug 18, 2015

A conclusion that this case is moot without exception would essentially immunize DHHS from court review of any future no-review decision that it subsequently withdraws. … The General Assembly clearly intended to enable certain parties to challenge DHHS exemptions, which we have held include no-review decisions. See N.C.

Fifth Ave. United Methodist Church of Wilmington v. The N.C. Conf.

Court of Appeals of North Carolina · Dec 31, 2024

Paragraph 2549.3(b) . . . clearly states that “At any time between sessions of annual conference, if the presiding bishop, the majority of the district superintendents, and the appropriate … However, religious organizations do not have absolute immunity from civil liability, and “[w]hen the State has a legitimate interest in  FIFTH AVENUE V.

State v. Surratt

Court of Appeals of North Carolina · Aug 3, 2021

2021-NCCOA-407 Opinion of the Court ¶2 In addition, the trial court does not commit constitutional error when the Record clearly … However, under a local “rule or [] practice,” Valentine was not qualified to be appointed on cases above Class F felonies. Valentine filed a Motion to Withdraw as Counsel on 8 July 2019.

In Re the Will of Durham

206 N.C. App. 67 · Court of Appeals of North Carolina · Aug 3, 2010

First, while Estate of Newton, upon which Caveator places principal reliance, clearly states that “trustee removal proceedings are held ‘in an estate matter and not in a special proceeding or in a civil action’ ” to which … During that interval, Decedent “clearly and cogently” expressed his desire to disinherit Caveator outside Executors’ presence and met with the drafting attorney and his staff outside Executors’ presence.

Edwards v. Edwards

110 N.C. App. 1 · Court of Appeals of North Carolina · May 4, 1993

As for the appreciation of CSC itself, the judgment clearly recites that this appreciation was considered under G.S. § 50-20(c)(12). … Therefore we hold that she did not meet her burden of establishing error, and we affirm on this argument.

CB Windswept

Court of Appeals of North Carolina · Oct 20, 2015

Accordingly, the cases cited by defendants are clearly distinguishable from the instant case. … It is the policy of the General Assembly that the counties of this State should have adequate authority to exercise the powers, rights, duties, functions, privileges, and immunities

State v. Gentry

227 N.C. App. 583 · Court of Appeals of North Carolina · Jun 4, 2013

To establish ineffective assistance of counsel, defendant must satisfy a two-prong test[.] . . . … First, a criminal defendant’s election to proceed pro se must be ‘clearly and unequivocally’ expressed.

Shallotte Partners, LLC v. Berkadia Commercial Mortg., LLC

242 N.C. App. 252 · Court of Appeals of North Carolina · Jul 7, 2015

Pursuant to its agreement with Shallotte, Berkadia proceeded to "procure [ ] all the studies and opinions of independent agents which are required by the HUD regulations for Shallotte and the Project to qualify for an insured … Moreover, "[i]t is well-established that an [o]rder denying a Rule 12(b)(6) motion is interlocutory and clearly not appealable." Callanan v.

Point S. Props.

Court of Appeals of North Carolina · Oct 20, 2015

Accordingly, the cases cited by defendants are clearly distinguishable from the instant case. … It is the policy of the General Assembly that the counties of this State should have adequate authority to exercise the powers, rights, duties, functions, privileges, and immunities

Jeffers v. D'ALLESSANDRO

199 N.C. App. 86 · Court of Appeals of North Carolina · Aug 18, 2009

Clearly, the enforcement of that agreement and the remedies for its breach are matters governed by federal law.” Id. at 371 , 109 L. Ed. 2d at 374-75 , 110 S. Ct. at 1910 . See also Caterpillar, Inc. v. … The Court concluded as to the possibility of implied rights: “The duties imposed and rights established through the state tort thus derive from thé rights and obligations established by the contract.” Id. at 217 , 85 L.

Britt v. Britt

Court of Appeals of North Carolina · Jul 19, 2022

Defendant acknowledged that this list contained “some errors” and confirmed that a qualified accounting professional had not reviewed it. … Further, Defendant conceded at trial that the list of expenses contained errors, and that a qualified accounting professional had not reviewed it.

Kingston v. Lyon Construction, Inc.

207 N.C. App. 703 · Court of Appeals of North Carolina · Nov 2, 2010

This Court established the meaning of the term “settlement” as used in section 97-10.2(j) in Ales. … Specifically, Respondents contend that a document related to Petitioner’s third-party action, which Respondents did not discover until after the 20 July 2009 hearing, qualified as newly discovered evidence under Rule 60(b

White v. North Carolina State Board of Examiners of Practicing Psychologists

97 N.C. App. 144 · Court of Appeals of North Carolina · Feb 6, 1990

Let me qualify that by saying that I was unable to determine on the basis of those test data whether the child’s difficulties were either emotionally based or organically based. … There is nothing in the findings which establishes that Dr. White misused his influence.

West v. Hoyle's Tire & Axle

Court of Appeals of North Carolina · Apr 20, 2021

A full evidentiary hearing was not held to establish the underlying facts of the matter. … Stat §] 97-88.1 clearly indicates that an award of attorneys’ fees is not required to be granted.

In re the Will of Jones

188 N.C. App. 1 · Court of Appeals of North Carolina · Jan 15, 2008

The case law of this state has not previously addressed whether an executor would qualify as an aggrieved party on appeal. … Such claims do not meet the requirement of specific evidence establishing that Mr.

In re: L.M.B.

Court of Appeals of North Carolina · Jun 21, 2022

Respondent parents were ordered to establish child support and they failed to do so. … It was not error for the trial court to acknowledge these gifts but also determine they did not qualify as court ordered financial support payments for Lilly’s care.