Case law

Hicks v. Reavis

78 N.C. App. 315 · Court of Appeals of North Carolina · Dec 17, 1985

Thus, we do not interpret Fentress as establishing a general rule that sound alone is sufficient basis for estimating actual speed. … Accordingly, we will not reverse the trial court in the absence of an abuse of discretion, which requires a showing that the ruling was clearly against the logic and effect of the circumstances. ...

Waste Industries USA, Inc. v. State

220 N.C. App. 163 · Court of Appeals of North Carolina · May 1, 2012

In that case, the law is valid unless the burdens on commerce are clearly excessive in relation to the putative local benefits.” Id. (internal quotation marks omitted). … If the law were otherwise, one would be able to obtain immunity from state regulation by making private contractual arrangements.

Laurel Valley Watch, Inc. v. MOUNTAIN ENTERPRISES OF WOLF RIDGE, LLC

192 N.C. App. 391 · Court of Appeals of North Carolina · Sep 2, 2008

However, this portion of the minutes is clearly opposed to the portion of the minutes which states that the Board voted to “approve” the application, as the application did not seek to have the 12 acres rezoned R-26R. … addressed by commissions and agencies particularly qualified for the purpose.

North Carolina Department of Revenue v. Bill Davis Racing

201 N.C. App. 35 · Court of Appeals of North Carolina · Nov 17, 2009

After conducting an examination, the Petitioner Department of Revenue “determined that [Respondent] did not satisfy all of the general eligibility requirements needed to qualify for [Lee Act] credits and disallowed the installments … Because establishments may perform more than one activity, it is necessary to determine procedures for identifying the primary activity of the establishment. *51 In most cases, if an establishment is engaged in more than

State v. White

Court of Appeals of North Carolina · Feb 17, 2015

The questions posed by the State and answers given in qualifying Guedo as an expert in abuse and neglect failed to establish that Guedo had any particularized experience … However, even if we were to hold that this testimony was improperly admitted because the State failed to lay a sufficient foundation to establish that Guedo was qualified to offer the challenged testimony

State v. Wagoner

199 N.C. App. 321 · Court of Appeals of North Carolina · Sep 1, 2009

This Court has interpreted the legislative intent of Article 27A as establishing a civil regulatory scheme to protect the public. … program should not qualify for credit under N.C.G.S. § 15-196.1.

State v. Hester

803 S.E.2d 8 · Court of Appeals of North Carolina · Jul 18, 2017

The dissenting opinion notes the well-established trot that "the law does not permit parties to swap horses between courts in order to get a better mount." Weil v. … Our precedents clearly allow the party seeking to uphold the trial court's presumed-to-be-correct and "ultimate ruling" to, in fact, choose and run any horse to race on appeal to sustain the legally correct conclusion of

State v. Figured

116 N.C. App. 1 · Court of Appeals of North Carolina · Aug 16, 1994

Defendant tried to establish that he had no access to the children through his own testimony and the testimony of various other witnesses. … Since there was no evidence of post-traumatic syndrome in this case, the Hall decision is clearly inapplicable. We thus overrule this assignment of error.

Pataky v. Pataky

160 N.C. App. 289 · Court of Appeals of North Carolina · Sep 16, 2003

She also testified that she worked part-time as a nanny, worked in a spa as a massage therapist, and was studying for an “aesthetics” license, *292 which would qualify her to provide other salon services such as body wraps … Clearly, the parties’ right to contract and to execute agreements they believe will adequately provide for their children is of elemental importance.

Lawing v. Lawing

81 N.C. App. 159 · Court of Appeals of North Carolina · Jun 3, 1986

He cites only In re Wolfe, 202 Mont. 454 , 659 P. 2d 259 (1983) which is clearly distinguishable. … To’ qualify as alimony under the new I.R.C. Section 71, payments must meet certain tests.

Cummings v. Carroll

Court of Appeals of North Carolina · Mar 3, 2020

The party moving for summary judgment ultimately has the burden of establishing the lack of any triable issue of fact. … Plaintiffs have not presented any evidence Williams was incompetent or otherwise not qualified to perform the inspection.

State v. Womble

Court of Appeals of North Carolina · Apr 20, 2021

In reviewing these statutes, we are guided by several well-established principles and precedents of statutory construction. … Federal law requires all states participating in CODIS to establish expungement provisions. 34 U.S.C. § 12592 (d)(2)(A) (2018). 34 U.S.C. § 12592 does not specify the specific procedure states must establish

State v. Womble

Court of Appeals of North Carolina · Apr 20, 2021

In reviewing these statutes, we are guided by several well-established principles and precedents of statutory construction. … Federal law requires all states participating in CODIS to establish expungement provisions. 34 U.S.C. § 12592 (d)(2)(A) (2018). 34 U.S.C. § 12592 does not specify the specific procedure states must establish

State v. Jones

809 S.E.2d 890 · Court of Appeals of North Carolina · Feb 20, 2017

It is a well-established rule in this jurisdiction that it is error, generally prejudicial, for the trial judge to permit a jury to convict upon some abstract theory not supported by the bill of indictment. … The contested indictment in this case clearly alleges both an assault-rising to the level of at least a simple assault-and that Mr. Kee sustained physical injury therefrom.

In re: C.H.M.

Court of Appeals of North Carolina · Mar 1, 2022

The trial court found and concluded Respondent “does not qualify for the class of protected fathers whose liberty interests are such that he would enjoy a constitutionally paramount protected interest to … The trial court’s order establishes in its findings of fact: 7.

NC Farm Bureau Mut. Ins. Co.

Court of Appeals of North Carolina · Sep 3, 2019

We supply undefined, nontechnical words . . . a meaning consistent with the sense in which they are used in ordinary speech, unless the context clearly requires otherwise. … This Court in Paschal did not establish a new “most constant caregiver” standard.

State v. Shackelford

264 N.C. App. 542 · Court of Appeals of North Carolina · Mar 19, 2019

“[I]t rarely has been suggested that the constitutional freedom for speech . . . extends its immunity to speech or writing used as an integral part of conduct in violation of a valid criminal statute.” New York v. … Congress included no language indicating that a course of conduct could be established solely by two communications about a person, as is the case with N.C. Gen. Stat. § 14-277.3A.

In re: Duke Energy Carolinas, LLC

Court of Appeals of North Carolina · Feb 18, 2026

In that sentence, “under efficient management and economic operations” clearly describes how the fuel costs must be “prudently incurred.” … The original statute was silent as to the application of the common law public duty doctrine, a limitation on tort liability that is separate from sovereign immunity. Id.

North Carolina Forestry Ass'n v. North Carolina Dept. of Environment and Natural Resources, Div. of Water Quality

154 N.C. App. 18 · Court of Appeals of North Carolina · Nov 19, 2002

The Congress of the United States authorized the Environmental Protection Agency (“EPA”) to establish effluent limitations for pollutants and toxic waste discharges by industry, agricultural operations and public and private … As to the remaining portion of the superior court’s order, I would reverse and remand this case to the superior court to (1) characterize the issues before the court, (2) clearly delineate the standard of review used, (3)

State v. Coffey

Court of Appeals of North Carolina · Feb 20, 2024

Although neither Wilkins nor Boyd qualified at a shooting range, Defendant filled out forms indicating firearms scores neither had attained. Defendant acknowledged at trial he had falsified these documents. … COFFEY Opinion of the Court facts supporting every element of a criminal offense and the defendant’s commission thereof with sufficient precision clearly to apprise the defendant