Case law

State v. Locklear

180 N.C. App. 115 · Court of Appeals of North Carolina · Nov 7, 2006

Establishing that Sapp’s testimony was relevant is but a threshold question. … Specifically, defendant assigns error to the flight instruction, the interested witness instruction, the accomplice testimony instruction, the immunity or quasi-immunity instruction, and the intent instruction.

Watts v. Cumberland County Hospital System, Inc.

75 N.C. App. 1 · Court of Appeals of North Carolina · Jun 4, 1985

A witness’ testimony should not be excluded because there are other witnesses who are better qualified or more knowledgeable. Id. … However, the issue of fraud may be summarily adjudicated when it is clearly established that there is no genuine issue of material fact. (Citations omitted.) Johnson, 300 N.C. at 260 , 266 S.E. 2d at 619 .

Sides v. Duke University

74 N.C. App. 331 · Court of Appeals of North Carolina · May 7, 1985

Plaintiffs complaint clearly meets these requirements. It alleges that she had a contract with Duke and had worked in her position for more than eleven years. … Though not specifically alleged, that Doctors Harmel and Miller knew about the contract is clearly established by other allegations.

State v. Holland

150 N.C. App. 457 · Court of Appeals of North Carolina · Jun 4, 2002

Defendant first argues on appeal that Trooper Hiatt’s testimony was inadmissible because he should not have been qualified as an expert in the field of accident reconstruction, and because he failed to establish that his … James Roberts, and Greene himself clearly established what defendant sought to prove: that Greene had a history of health and alcohol problems that could have affected his capabilities at the time of the accident.

Vaughan v. Mashburn

251 N.C. App. 494 · Court of Appeals of North Carolina · Dec 30, 2016

Like Vaughan, alerted to this defect by the defendant’s answer and motion to dismiss after the expiration of the statute of limitations, the plaintiff “requested leave to amend the pleadings in order to clearly comply … Further, Boyd establishes that it is error for the trial court to deny such an amendment based on futility.

Udzinski v. Lovin

159 N.C. App. 272 · Court of Appeals of North Carolina · Aug 5, 2003

When the statue of repose has run, the immunity is absolute. *276 N.C. Gen. Stat. § l-15(c), establishes a four-year statute of repose and a three-year statute of limitations. McGahren v. Saenger, 118 N.C. … This order clearly pertained only to the medical malpractice claim, and not a wrongful death claim. Because the medical malpractice claim was not time-barred at the time of Mrs.

Lowe's of Fayetteville, Inc. v. Quigley

46 N.C. App. 770 · Court of Appeals of North Carolina · May 20, 1980

Defendants clearly misperceive the burden of the party moving for summary judgment. First, a verified complaint may be treated as an affidavit if it meets the requirements of the rule for affidavits. Page v. … Second, it is not necessary to decide in this case whether or not plaintiff’s verified complaint qualifies as an affidavit.

Bramco Electric Corp. v. Shell

31 N.C. App. 717 · Court of Appeals of North Carolina · Dec 15, 1976

Clearly, the quoted statute does not authorize the admission of the affidavit of Attorney Coleman into evidence. … The burden was on plaintiff to establish a prima facie case, and we hold that it failed to show that the affiant would have been competent to testify if called as a witness at trial. Nall v. Kelly, supra.

In Re Hayden

96 N.C. App. 77 · Court of Appeals of North Carolina · Oct 17, 1989

Such testimony was clearly helpful to the court as factfinder and was properly admitted. We therefore overrule this assignment of error. … No accidental cause was established, and the child in fact stated that respondent burned her. The burns were serious, requiring prompt medical attention.

State v. Watts

172 N.C. App. 58 · Court of Appeals of North Carolina · Aug 2, 2005

Defendant contends that Special Agent Freeman, who was qualified as an expert in forensic DNA analysis, was not qualified to testify as to population statistics and argues error as to Special Agent *64 Freeman’s statements … The General Assembly established a statutory scheme to protect young females from older males.

State v. Basden

110 N.C. App. 449 · Court of Appeals of North Carolina · Jun 1, 1993

Defendant, after stating that he understood his rights, freely, knowingly, understandingly and voluntarily waived immunity from prosecution and waived any right to prevent the use of his testimony in any criminal proceeding … To sustain a conviction for perjury, it is required that the falsity of the oath be established by the testimony of two witnesses, or by one witness and corroborating circumstances sufficient to turn the scales against the

McRoy v. Pitt Cnty., N.C.

Court of Appeals of North Carolina · Nov 5, 2025

Additionally, an association “may have standing in its own right to seek judicial relief from injury to itself and to vindicate whatever rights and immunities the association itself may enjoy.” Id. (quoting Warth v. … Conclusion All Plaintiffs clearly alleged sufficient facts and interests to establish standing to challenge Defendant’s unlawful actions to remove a war grave marker and memorial under the statute. N.C. Gen.

State v. Santiago

148 N.C. App. 62 · Court of Appeals of North Carolina · Dec 28, 2001

Our decision is clearly supported by case law involving the admission of similar testimony. See, e.g., State v. … Clearly, the insertion of an object into Deanna’s rectum by defendant would constitute a first degree sexual offense.

In re: J.A.D.

Court of Appeals of North Carolina · Apr 19, 2022

The petition clearly apprised Jeremy of the conduct for which he was being charged with sufficient specificity to allow him to prepare an adequate defense. … “A variance between the criminal offense charged and the offense established by the evidence is in essence a failure of the State to establish the offense charged.” State v.

State v. Younts

254 N.C. App. 581 · Court of Appeals of North Carolina · Jul 18, 2017

This evidence standing alone is insufficient to establish, in accordance with the statutory criteria, the HGN test as a reliable indicator of impairment. … The Supreme Court ultimately concluded in Godwin that “with the 2006 amendment to Rule 702, our General Assembly clearly signaled that the results of the HGN test are sufficiently reliable to be admitted into the courts

King v. North Carolina State Board of Sanitarian Examiners

82 N.C. App. 409 · Court of Appeals of North Carolina · Aug 5, 1986

In Adams’ and McQueen’s cases the Board argues that, the Findings of Fact clearly established that the petitioners were denied certification as registered sanitarians under the grandfather provisions of G.S. 90A-61(a) because … In King’s and Wisely’s case the Board argues that the Findings of Fact clearly established that the petitioners were denied certification as registered sanitarians under the grandfather provisions of G.S. 90A-61(a) because

Moseley v. Hendricks

Court of Appeals of North Carolina · Feb 6, 2024

Thus, unlike in this case, the plaintiff was clearly visible to the defendant as he was—and had been—playing right in front of him. Id. … “Under the doctrine of governmental immunity, a county or municipal corporation is immune from suit for the negligence of its employees in the exercise of governmental functions absent waiver of immunity.”

In Re Butts

157 N.C. App. 609 · Court of Appeals of North Carolina · May 20, 2003

In the instant case, the transcript does not establish that respondent confessed to committing a first degree sex offense while Mr. Butts was in the interrogation room. … Under N.C.G.S. § 8C-1, Rule 702 (2001), “[i]f scientific, technical or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert

Fazzari v. New Hanover Reg'l Med. Ctr.

Court of Appeals of North Carolina · Jun 1, 2021

NEW HANOVER REGIONAL MEDICAL CENTER ET AL. 2021-NCCOA-242 Opinion of the Court clearly evident that Dr. … App. 569, 574, 821 S.E.2d 277, 281 (2018) (“Allowing a plaintiff’s expert witness to selectively review a mere portion of the relevant medical records would run afoul of the General Assembly’s clearly expressed

Cardwell v. Forsyth County Zoning Board of Adjustment

88 N.C. App. 244 · Court of Appeals of North Carolina · Dec 22, 1987

Section 33 clearly categorizes applications or requests for “special exceptions” as “appeals.” … (b) If this Chapter and a local act each provide a procedure that contains every action necessary for the performance or execution of a power, right, duty, function, privilege, or immunity, the two procedures may be used