Case law

State v. Dean

196 N.C. App. 180 · Court of Appeals of North Carolina · Apr 7, 2009

He's been doing fingerprints I believe it clearly was from the '80s sometime. … Does it make sense to you that he would be so far off and all these other courts would be qualifying him as an expert and that he'd be allowed to be qualified as an expert here — and you judge him.

State v. McCoy

255 N.C. App. 449 · Court of Appeals of North Carolina · Sep 5, 2017

The State objected to continued questioning of Sergeant Matherly on cross, since it had "already been established that nobody has been identified." … Therefore, "since this alleged error was clearly invited by Defendant, it provides no basis for an award of appellate relief." State v. Dew , 225 N.C. App. 750 , 758, 738 S.E.2d 215 , 221 (2013).

State v. Wohlers

Court of Appeals of North Carolina · Aug 4, 2020

This Court thus held that the trial court erred in using the jury instruction in N.C.P.I.— Crim. 239.55B because “[w]hile the Pattern Jury Instruction allows a broader categorization of what qualifies as a ‘sexual act, … In Parker, this Court held as follows: The Structured Sentencing Act clearly provides for judicial discretion in allowing the trial court to choose a minimum sentence within a specified

Porter v. Bearcat, Inc.

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

To prove disability, a Plaintiff must establish all three Hilliard elements. Medlin v. Weaver Cooke Constr., LLC, 367 N.C. 414 , 421, 760 S.E.2d 732 , 737 (2014). … The logs listed jobs for which Plaintiff was clearly unqualified and for which he had no reasonable expectation of being hired.

Woods v. Mangum

200 N.C. App. 1 · Court of Appeals of North Carolina · Sep 15, 2009

His wife at that time, Odell McFadden Mangum ("the Executrix"), [2] qualified as Executrix of Mr. Mangum's Estate and listed the promissory note as an asset of the Estate in her inventory. … Woods' affidavit is clearly latent in nature, which under Kidd is insufficient, in itself, for the trial court to deny summary judgment.

North Carolina Insurance Guaranty Ass'n v. Century Indemnity Co.

115 N.C. App. 175 · Court of Appeals of North Carolina · Jun 21, 1994

There are several well established principles governing the construction of insurance policies. … If no definition is given, non-technical words are to be given their meaning in ordinary speech, unless the context clearly indicates another meaning was intended.

State v. Cobb

150 N.C. App. 31 · Court of Appeals of North Carolina · May 7, 2002

We conclude the attorney was clearly qualified to represent defendant in this case. … Felony Larceny Defendant argues the charge of felonious larceny should have been dismissed because the evidence did not establish a temporal *43 break between his alleged taking of the victim’s wallet and his alleged larceny

State v. Scott

Court of Appeals of North Carolina · Jul 20, 2021

allegations of an evidentiary nature, asserts facts supporting every element of a criminal offense and the defendant’s commission thereof with sufficient precision clearly … Adding them thus did not qualify as an amendment prohibited by N.C. Gen. Stat. § 15A-923(e). B.

State v. Ryan

223 N.C. App. 325 · Court of Appeals of North Carolina · Nov 6, 2012

Gutman was qualified as an expert witness in the field at trial. Dr. Gutman interviewed Cailey about the child’s medical history and then talked at length with the child about the sexual abuse allegations. … However, opinion testimony that a child has not been “coached” is distinguishable from opinion testimony that a child is not lying or is not giving a fictitious story — testimony that is clearly inadmissible under our case

Shaw v. Goodyear Tire & Rubber Co.

225 N.C. App. 90 · Court of Appeals of North Carolina · Jan 15, 2013

Sys. stated, even under Woodson , “[willful and wanton negligence alone is not enough to establish a Woodson claim; a higher degree of negligence is required. … We cannot conclude that mental injuries by accident are not covered under the Act when we have clearly awarded workers’ compensation for mental conditions as occupational diseases.

Hodge v. N.C. Dep't of Transp.

246 N.C. App. 455 · Court of Appeals of North Carolina · Apr 5, 2016

Given the two grounds clearly indicated for his requested OAH hearing and the conspicuous absence of any allegation in his petition that his dismissal was the result of retaliation in violation of the Whistleblower Act, … However, we need not determine whether Hodge’s argument extends beyond the point of what qualifies as “temporally proximate,” because Fatta also makes clear that the burden-shifting inquiry does not end merely because a plaintiff

Griffin v. Absolute Fire Control

Court of Appeals of North Carolina · Jan 7, 2020

[because] [w]ages paid by an injured employee out of sympathy, or in consideration of his long service with the employer, clearly do not reflect his actual earning capacity[]”); Id. … The majority’s opinion unlawfully purports to shift and place a burden upon Defendant to prove competitive jobs exist in the market for which Plaintiff is qualified and can physically accomplish.

State v. Corbett/Martens

Court of Appeals of North Carolina · Feb 4, 2020

I do not remember clearly after that. … Yet, James’s analysis of the challenged evidence clearly contravened the reliability protocol established in his own treatise.

Billings v. General Parts, Inc.

187 N.C. App. 580 · Court of Appeals of North Carolina · Dec 18, 2007

As such, it is not sufficiently reliable to qualify as competent evidence on issues of medical causation. Id. at 230 , 538 S.E.2d at 915 (citation omitted). … The 8 August 2003 MRI clearly indicated that plaintiff had “obvious bilateral sub-dural hematomas present” which “appealed] to be subacute in nature but age [was] indeterminate.”

State v. Duvall

275 S.E.2d 842 · Court of Appeals of North Carolina · Apr 7, 1981

When information is given the doctor by the patient in the course of treatment, there exists an assumption that the patient's self-interest will ensure that the information is true, thus qualifying it for the basis of opinion … Fearing knew of the accident" (emphasis added) clearly relates to the preceding clause and other portions of the charge describing the accident as that "in which Cloice H. Creef was physically injured or killed."

State v. McDougald

38 N.C. App. 244 · Court of Appeals of North Carolina · Oct 17, 1978

Paul Brandes who qualified as an expert in the field of content analysis and communicology. Dr. … We find this motion was clearly a fishing expedition so broad in its nature as to constitute a motion for the production of memoranda and other internal documents prepared by law enforcement officers.

Curran v. Barefoot

183 N.C. App. 331 · Court of Appeals of North Carolina · Jun 5, 2007

Poutier qualified as an expert witness and testified: (1) Thomas contacted him on 8 December 2003 about obtaining a mortgage loan to purchase the lake house by the end of the year; (2) after receiving information back from … There is no price established for the personalty alone, or for the real estate. The entire agreement must be enforced with respect to both kinds of property, or it will fall. Irwin v.

Wells v. Wells

132 N.C. App. 401 · Court of Appeals of North Carolina · Mar 2, 1999

The Defendant is entitled to specific performance of the Separation Agreement... on the grounds that the parties’ common residence does not qualify as a reconciliation, and that the terms and conditions contained in the Separation … [Further,] given the fact that this section clearly looks at short-term, rather easily calculable, economic characteristics of the individuals to a marriage, the statutory factors [set out in G.S. § -50-16.2A] coincide very

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

Court of Appeals of North Carolina · Jul 5, 2022

The original order inadvertently included references to insubordination as unacceptable personal conduct, incidents, and disciplinary actions which clearly did not involve Mr. Hinton. … Unacceptable personal conduct does not necessarily establish just cause for all types of discipline.

Bodie v. Bodie

221 N.C. App. 29 · Court of Appeals of North Carolina · Jun 5, 2012

Thus, to qualify as a ‘dependent spouse’... one must be actually without means of providing for his or her accustomed standard of living. “ ‘[I]n other words, the court must determine whether one spouse would be mable to … The first problem with Defendant’s “change in lifestyles” theory is that the record clearly shows that the “lifestyle” in question was not sustainable.