Case law

State v. Sexton

193 N.C. App. 248 · Court of Appeals of North Carolina · Oct 7, 2008

Karen Whittingham, a special agent with the State Bureau of Investigation, was qualified as an expert in DNA analysis. She opined that the DNA profile obtained from sperm found on the swabs taken from S.W.' … Stat. § 15A-1230(a) prohibits an attorney "[d]uring a closing argument to the jury [from] . . . express[ing] his personal belief as to the truth or falsity of the evidence[,]" the statements quoted by Defendant clearly do

Williams v. LAW COMPANIES GROUP, INC.

204 N.C. App. 212 · Court of Appeals of North Carolina · May 18, 2010

"The Workers' Compensation Act and the decisions of this Court clearly state that the Commission is the sole judge of the credibility of the witnesses and the weight of the evidence." Hassell v. Onslow Cty. … Lawrence qualified her opinion with disclaimers such as "if, indeed, this is [Plaintiff] in the tape" then her opinion would be as stated.

Green Tree Servicing LLC v. Locklear

236 N.C. App. 514 · Court of Appeals of North Carolina · Oct 7, 2014

On 31 October 2012, Defendant Jimmie Locklear qualified as the collector of Mertice Locklear’s estate. … debt collector has made purposeful, targeted, and directed attempts to collect a debt alleged to be owed by the plaintiffs”), which we find to be persuasive, we hold that Defendants have alleged sufficient facts to establish

Ashley v. City of Lexington

209 N.C. App. 1 · Court of Appeals of North Carolina · Jan 4, 2011

This argument clearly has no merit. N.C.G.S. § 160A-48(d) states that any required land bridge may not exceed twenty-five percent of the total annexation area. … Publicly maintained and dedicated streets or outfall lines within the city limits qualify for water and sewer extensions.

In re: L.D.E.

Court of Appeals of North Carolina · Jun 4, 2025

To qualify as an excited utterance, “there must be (1) a sufficiently startling experience suspending reflective - 13 -  IN RE: L.D.E. … However, the record clearly shows that those Reports were not allowed into evidence as substantive evidence of the information contained therein.

Hansen v. Crystal Ford-Mercury, Inc.

138 N.C. App. 369 · Court of Appeals of North Carolina · Jun 20, 2000

In order to qualify as a real party in interest, a party must have some interest in the subject matter of the litigation and not merely an interest in the action. Parnell v. … When the rights of the claimant are not at stake, the Act clearly leaves the litigants to their common law remedies, with the pleading requirements, broader discovery and the more stringent rules of evidence not applicable

Smith v. Smith

Court of Appeals of North Carolina · Jul 21, 2020

That same day, Charles and Betty qualified as co-executors of Ruth’s estate. Betty resigned as co-executor in 2013. … Here, Ruth was clearly deprived of her funds, but it is not evident that Charles’s actions were unauthorized.

Lueallen v. Lueallen

249 N.C. App. 292 · Court of Appeals of North Carolina · Sep 6, 2016

This date qualifies as a clear and specific reconvening time after a time interval that was reasonably brief.” (citations, quotation marks, and brackets omitted)). … contravene established precedent.”

Coley v. State

173 N.C. App. 481 · Court of Appeals of North Carolina · Oct 4, 2005

The unemployed could not, under the requirements of the statute, qualify to receive compensation for their involuntary unemployment during that year. … The Court went on to hold that, [w]ith th[e] large and essential power of taxation unrestrained, except where it may *31 come in conflict with the Constitution of the United States, with a well established right to pass a

Warrender v. Gull Harbor Yacht Club, Inc.

228 N.C. App. 520 · Court of Appeals of North Carolina · Aug 6, 2013

However, contrary to GHYC’s assertions, the restrictive covenants at issue clearly apply to the marina under the quoted language in Hawthorne . … According to well-established North Carolina law, riparian owners have a qualified property in the water frontage belonging, by nature, to their land, the chief advantage growing out of the appurtenant estate in the submerged

Cunningham v. The Goodyear Tire & Rubber Co.

Court of Appeals of North Carolina · Oct 6, 2020

Furthermore, Defendants acknowledge that Plaintiff’s 3 March 2015 medical treatment at the dispensary qualified as medical compensation for purposes of N.C. Gen. Stat. § 97-24(a)(ii). … This is especially so where, as here, Plaintiff received treatment for her feet with another doctor who opined that her symptoms were related to her low back, and she clearly complained of pain that had “never gone away

Best v. Department of Health & Human Services

149 N.C. App. 882 · Court of Appeals of North Carolina · May 7, 2002

The Department' contends that the evidence established reasonable cause for it to request a drug test. The SPC agreed with the Department, but the superior court did not. … The United States Supreme Court held that discharging him “solely for his refusal to waive the immunity to which he is entitled” under the Constitution was improper. Id.

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

Quevedo-Woolf v. Overholser

Court of Appeals of North Carolina · Sep 18, 2018

[E.R.Q.]’s condition is causing some learning issues and she is especially qualified to care for [E.R.Q.] … It is established that “[v]isitation privileges are but a lesser degree of custody.”

Hughes v. Town of Oak Island

158 N.C. App. 175 · Court of Appeals of North Carolina · Jun 3, 2003

We see ample evidence that, even though the tract's owners intended to construct a storage facility on the property, they had not made enough progress to qualify as "in use" for commercial purposes as of 14 December *707 … Here, petitioners established at the hearing before the trial court that the Big Toy Storage property would have to be removed from the annexation area in order for the area to comply with the subdivision test set forth in

Cunningham v. Selman

201 N.C. App. 270 · Court of Appeals of North Carolina · Dec 8, 2009

The State Bar, pursuant to its authority to “formulate and adopt rules of professional ethics and conduct” and to “arbitrate disputes concerning legal fees,” clearly had the authority to adopt rules requiring members of the … “[A] system of administrative procedure has been instituted in which matters of regulation and control may, and must be, tried by properly established commissions and agencies that are peculiarly qualified for the purpose

Rios v. NC Dep't Of Health & Hum. Servs.

Court of Appeals of North Carolina · Oct 20, 2015

The term “career State employee” is defined, in relevant part, as follows: (a) For the purposes of this Chapter, unless the context clearly indicated otherwise, “career State employee” means a … It is undisputed that Rios did not follow the grievance procedure established by the State Human Resource Commission and instead immediately pursued a claim with the OAH.

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

State v. Brichikov

Court of Appeals of North Carolina · Jan 18, 2022

Specifically, the State argues it “has established malice in the instant case.” (Emphasis added). … Specifically, the State argues it “has established malice in the instant case.” (Emphasis added).

No Limit Games

Court of Appeals of North Carolina · Dec 31, 2024

These video sweepstakes utilize computer kiosks, generally placed in retail establishments owned by third parties. … Defendants presented the testimony of Agent Christopher Poole of the Alcohol Law Enforcement division of the Department of Public Safety, who was qualified as an expert and opined that chance predominated over skill in