Case law

Drain v. United Services Life Insurance Co.

85 N.C. App. 174 · Court of Appeals of North Carolina · Apr 7, 1987

Moreover, plaintiff noted, the letter itself, as a writing, would also qualify as an amendment changing the effective date of Drain's policy. … Although Drain's application for insurance clearly provided that the policy would become effective on the later date of approval of the application on 16 June 1983 and although Drain died before 16 June 1983, plaintiff offered

State v. Everhardt

96 N.C. App. 1 · Court of Appeals of North Carolina · Oct 17, 1989

The trial court qualified him as an expert in clinical social work and family therapy. Mr. Mullinax described Ms. … Regarding the deadly character of the drink bottles, we find the evidence presented clearly placed the issue before the jury.

Roane-Barker v. Southeastern Hospital Supply Corp.

99 N.C. App. 30 · Court of Appeals of North Carolina · Jun 19, 1990

This expense and these delays clearly prejudiced the plaintiff. The sanctions ordered were within the discretion of the trial court. II. Refusal to Set Aside Default. … The court also emphasized that “[t]he privilege [to interfere] is conditional or qualified; that is, it is lost if exercised for a wrong purpose.

State v. Carwile

Court of Appeals of North Carolina · Dec 17, 2024

[Defense Counsel]: No, because that clearly says it does not apply. [Trial Court]: Right. … “A request for a special instruction which deviates from the pattern jury instruction qualifies as a special instruction.” State v. Young, 903 S.E.2d 460 (N.C. App. 2024) (citing State v. Brichikov, 281 N.C.

State v. Waddell

130 N.C. App. 488 · Court of Appeals of North Carolina · Aug 18, 1998

Constitution and Article I Section 23 of the North Carolina Constitution prohibit the State from introducing hearsay evidence in a criminal trial unless the State: 1) demonstrates the necessity for using such testimony, and 2) establishes … 449 , 380 S.E.2d at 567 (although examining physician did not treat child brought for examination at suggestion of police officer and exam “prepare[d physician] for his testimony at trial, [preparation for testimony] was clearly

State v. Joyner

Court of Appeals of North Carolina · Aug 2, 2022

¶8 After Defendant was taken into custody, Meeks asked Wayne Scott, later qualified by the trial court as an expert in roofing repair and insulation, to inspect the roof of her house. … For a waiver of one’s right to confrontation to be effective, it “must be clearly established that there was ‘an intentional relinquishment or abandonment of a known right or privilege.’ ” Brookhart, 384 U.S

State v. Rosales

Court of Appeals of North Carolina · Jul 1, 2014

She's not qualified to give you that sort of opinion in the courtroom, for you. … The trial court determined the witness’ testimony was clearly probative, and had taken the “danger of undue prejudice . . . into account.”

State v. Miles

222 N.C. App. 593 · Court of Appeals of North Carolina · Aug 21, 2012

In 2009, Roberson entered into a plea agreement with federal prosecutors to provide truthful information regarding this case in return for immunity and a sentence reduction. … murder weapon, which would establish the means by which defendant perpetrated the crime.

In re: K.C.

Court of Appeals of North Carolina · May 2, 2023

“Unfitness, neglect, and abandonment clearly constitute conduct inconsistent with the protected status parents may enjoy. … Providing babysitting services would qualify as assisting with childcare and spending quality time with the child. Thus, clear and convincing evidence supports finding of fact 49.

State v. Eddings

Court of Appeals of North Carolina · Jan 7, 2014

to establish an essential element of the charges, or, in the alternative, to award a new trial. … Our standard of review for a motion for appropriate relief is well established.

State v. Clark

165 N.C. App. 279 · Court of Appeals of North Carolina · Jul 6, 2004

Although the Court in Crawford expressly declined to issue a comprehensive definition of “testimonial evidence,” it clearly held that prior testimony in a former trial and statements made during “police interrogations” constitute … Further, a witness’s “recorded statement, knowingly given in response to structured police questioning, qualifies under any conceivable definition.” Id.

In re: J.H.

244 N.C. App. 255 · Court of Appeals of North Carolina · Dec 1, 2015

Respondent-mother appeals from a permanency planning order which established a permanent plan for guardianship for her son J.H. (“James”)1 and appointed his maternal grandparents as guardians. … Stat. § 50A-203 Since the Texas court’s entry of an initial child-custody determination as to James, “any change to that [Texas] order qualifies as a modification under the UCCJEA.”

State v. Carter

210 N.C. App. 156 · Court of Appeals of North Carolina · Mar 1, 2011

The Court finds that the District Attorney — that the witness is reticent, her voice is very faltering and weak and she appears to be very shy about her testimony, but that she has demonstrated the rudimentary elements of qualifying … I know, but she put on her — she stated very clearly to you Gerry didn’t do it. He didn’t do nothing, nothing, nothing. Why didn’t you put that in your summary? A.

State v. Goforth

170 N.C. App. 584 · Court of Appeals of North Carolina · Jun 7, 2005

. § 8C-1, Rule 702 (2003) (“[A] witness qualified as an expert. . . may testify thereto in the form of an opinion.”) … These cases are clearly distinguished from the present case, where there was strong physical evidence of abuse. Generally, Dr.

In re: M.T. & K.T.

Court of Appeals of North Carolina · Sep 6, 2022

Initially, Mark’s foster parents signed him up for daycare, necessitating immunizations, but the parents contacted DSS “and requested they cancel” the immunization appointment.8 Another time, shortly after … 8 These immunizations were standard childhood immunizations normally required for children in school or daycare in North Carolina well before the COVID-19 pandemic.

Jarman v. Deason

173 N.C. App. 297 · Court of Appeals of North Carolina · Sep 20, 2005

In the instant case, the legislature has clearly and distinctly set forth this State's public policy with respect to employment discrimination. … Stat. § 143B-391(5) (2003) (creating Human Rights Commission in part "[t]o encourage the employment of qualified people without regard to race"); N.C.

MAO/Pines Associates, Ltd. v. NEW HANOVER CTY. BD. OF EQUAL.

116 N.C. App. 551 · Court of Appeals of North Carolina · Oct 18, 1994

App. 213, 219 , 352 S.E.2d 232, 235 , disc. review denied, 319 N.C. 673 , 356 S.E.2d 775 (1987), the burden of proof is on the taxpayer to establish the presence of such conditions. Id. … that the statutory provision was undoubtedly intended to provide the county an opportunity to rectify any error before institution of litigation, and that for this reason the basis of taxpayer’s contention of defense must clearly

State v. Dixon

258 N.C. App. 78 · Court of Appeals of North Carolina · Feb 20, 2018

The nurses noted CW’s upper leg was misshaped, CW was very upset, crying, and clearly in pain, which increased with movement of the injured leg. … Downs, this Court determined the permanent loss of a tooth in an assault qualified as “permanent disfigurement” to support sending a charge of serious bodily injury to the jury. 179 N.C.

State v. Gallion

Court of Appeals of North Carolina · Mar 15, 2022

Rook, 304 N.C. 201, 221–22, 283 S.E.2d 732, 745 (1981) (holding an affidavit clearly established probable cause to believe that a  STATE V. … App. 357, 361, 232 S.E.2d 282, 285, disc. rev. denied, 292 N.C. 642, 235 S.E.2d 63 (1977) (concluding the qualified privilege created by N.C. Gen.

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.