Case law

Armstrong v. Hutchens

Court of Appeals of North Carolina · Jul 1, 2014

Qualified Pers., Inc., 32 N.C. App. 548, 551, 233 S.E.2d 76, 78 (1977), reversed on other grounds, 294 N.C. 200, 240 S.E.2d 328 (1978)). … establishes that the claim that Plaintiff wishes to assert against Defendant is not a valid one.

State v. Rios

169 N.C. App. 270 · Court of Appeals of North Carolina · Apr 5, 2005

Then, while clearing a jam with both hands, defendant’s shirt dropped, and defendant’s face was clearly shown as he leaned over the counter and fired again. Thereafter, Lt. … Evidence of this sort does not qualify defendant to receive a voluntary intoxication instruction. See State v.

State v. Sturgill

121 N.C. App. 629 · Court of Appeals of North Carolina · Mar 5, 1996

I told him that he would probably qualify as an habitual felon. … Simply put, the level of duplicity in the instant case pales in comparison with the unambiguous and clearly qualified promises made in Richardson .

State v. McCants

Court of Appeals of North Carolina · Dec 31, 2020

For the purposes of this appeal only, we will assume without deciding that Chief Gibson qualified as “a post- release supervision officer” under the statute. … The General Assembly, by including this language, clearly established that it did not intend for N.C.G.S. § 15A- 1368.4(c) to provide an avenue for imposing search conditions on PRS supervisees that could not be lawfully

Ashe Cty. v. Ashe Cty. Plan. Bd.

Court of Appeals of North Carolina · Aug 2, 2022

Clearly, the elected board in a county has discretion to amend its development regulations for what it believes to be in the public good or in its political interest. … The barn is not located in an established commercial area.

State v. Piland

Court of Appeals of North Carolina · Dec 18, 2018

ANYONE WHO UNDER COLOR OF LAW OR UNLAWFUL AUTHORITY DEPRIVES ANY CITIZEN OF RIGHTS PRIVILEGES OR IMMUNITIES SECURED TO THEM BY THE US CONSTITUTION IS SUBJECT TO CIVIL AND (OR) CRIMINAL PENALTIES PURSUANT TO TITLE 42 U.S.C … The affidavit established that BCAT agents had gone to the . . . residence to conduct a follow up investigation.

State v. Reilly

71 N.C. App. 1 · Court of Appeals of North Carolina · Nov 6, 1984

Scott, [ 296 N.C. 519 , 251 S.E.2d 414 (1979)]: These cases establish the rule that testimony by a qualified expert that fingerprints found at the scene of the crime correspond with the fingerprints of the accused, when accompanied … Employees other than defendant recently had terminated their employment at the victimized establishment.

State v. Crompton

Court of Appeals of North Carolina · Mar 17, 2020

violations of Section 15A-1343(b)(3) which together amount to the defendant “willfully avoiding supervision” or “willfully making the defendant's whereabouts unknown to the supervising probation officer” also fail to qualify … On appeal, our Court determined that the defendant’s actions “while clearly a violation of [Section] 15A-1343(b)(3), . . . do not rise to ‘absconding supervision’ in violation of [Section] 15A-1343(b)(3a).”

Martin Marietta Corp. v. Wake Stone Corp.

111 N.C. App. 269 · Court of Appeals of North Carolina · Aug 3, 1993

No accusation of “various improper, unlawful and unethical acts and practices” in the context of the Document appear clearly on the face of the Document as plaintiffs allege. … “A practice is unfair when it offends established public policy as well as when the practice is immoral, unethical, oppressive, unscruplous [sic], or substantially injurious to consumers.” Id.

State v. Casey

263 N.C. App. 510 · Court of Appeals of North Carolina · Jan 15, 2019

This testimony was clearly inadmissible. Defendant’s trial counsel did have a duty to object to the testimony. … However, appellate counsel’s argument was clearly weak in light of the cases cited in its brief. See State v.

In re T.M.

Court of Appeals of North Carolina · Aug 5, 2014

Although the court adjudicated T.M. as dependent on 28 February 2011, its adjudicatory findings clearly demonstrated T.M.’s status as a neglected juvenile as defined by statute, as well as mother’s responsibility for … produced a score of 38, which “means that there just needs to be some pretty consistent psychiatric interventions and without immediate psychiatric intervention, a person could potentially qualify

Powell v. Peachtree Fasteners, Inc.

110 N.C. App. 336 · Court of Appeals of North Carolina · Jun 1, 1993

These alleged facts are clearly “material” since plaintiff’s performance of the alleged fiduciary duties was allegedly part of the consideration for defendants’ execution of the promissory note. … Furthermore, “[i]f the witness’ evidence indicates that he is in fact qualified to give the challenged opinion, even a timely specific objection will not likely be sustained on appeal.” Hamilton, 77 N.C.

Aoun & Cole, Inc. v. Fitzpatrick

808 S.E.2d 177 · Court of Appeals of North Carolina · Dec 5, 2017

"Generally, this Court will not find excusable neglect where the party establishes merely that he was ignorant of the judicial process or misunderstood the nature of the action against him, even when the party has little … As noted above, "[t]o qualify for relief under Rule 60(b)(6), a movant must satisfy a three-part test: (1) extraordinary circumstances exist, (2) justice demands the setting aside of the judgment, and (3) the defendant has

State v. Hardaway

Court of Appeals of North Carolina · Oct 1, 2025

United States Constitution “guarantees the defendant that the State will not exclude members of his race from the jury venire on account of race, or on the false assumption that members of his race as a group are not qualified … Further, there was no testimony from the homeowner or any other witness establishing any of the holes in the house had not been there prior to the incident in this case.

State v. Wolfe

157 N.C. App. 22 · Court of Appeals of North Carolina · Apr 1, 2003

Rollins’ report clearly supports the trial court’s conclusion and thus we may not disturb it on appeal. Heptinstall, supra; Willard, supra. … The State submitted certified copies of two judgments entered upon felony convictions of a person named “Eldridge Frank Wolfe,” thus establishing a prima facie case under G.S. § 14-7.10.

State v. Piland

Court of Appeals of North Carolina · Oct 16, 2018

ANYONE WHO UNDER COLOR OF LAW OR UNLAWFUL AUTHORITY DEPRIVES ANY CITIZEN OF RIGHTS PRIVILEGES OR IMMUNITIES SECURED TO THEM BY THE US CONSTITUTION IS SUBJECT TO CIVIL AND (OR) CRIMINAL PENALTIES PURSUANT TO TITLE 42 U.S.C … The affidavit established that BCAT agents had gone to the . . . residence to conduct a follow up investigation.

Blanchard v. Blanchard

Court of Appeals of North Carolina · Sep 21, 2021

Mother contends that Balawejder was decided contrary to the prior established precedent of our appellate courts and, therefore, does not control on the issue before us. … In Gibbons, this Court held: Here, the trial court’s decision to award attorneys fees was clearly affected by the outcome of the judgment from which plaintiffs appealed.

State v. Baungartner

Court of Appeals of North Carolina · Oct 6, 2020

record of [Defendant] and his stipulation that he qualifies for habitual felon status with three prior DWIs, the court will arrest judgment on the underlying DWI and will sentence [Defendant] at the bottom of the presumptive … Friend, where this Court expressly and clearly held: “before entering money judgments against indigent defendants for fees imposed by their court-appointed counsel under N.C. Gen.

In re: J.O.

Court of Appeals of North Carolina · May 7, 2024

ICWA is a federal law which establishes “minimum Federal standards for the removal of Indian children from their families and the placement of such children in foster or adoptive homes which will reflect the unique values … : No foster care placement may be ordered in such proceeding in the absence of a determination, supported by clear and convincing evidence, including testimony of qualified

In re K.R.T.

808 S.E.2d 178 · Court of Appeals of North Carolina · Dec 5, 2017

her child, particularly when we are considering a relatively short six month period, needs to show more than a failure of the parent to live up to her obligations as a parent in an appropriate fashion; the findings must clearly … Such evidence qualifies as evidence about the children's bond with Father.