Supreme Court

, Supreme Court , 358A16 (Per Curiam) , Published
In re Se. Eye Ctr.

Appeal from interlocutory orders of N.C. Business Court approving a Settlement Agreement between plaintiffs and some defendants and appointing a Receiver for another defendant that is a Trust.

, Supreme Court , 348A16 (Justice Robin Hudson) , Published
Tully v. City of Wilmington

Action by City employee alleging that the City acted arbitrarily in failing to follow its established personnel policies when denying him a promotion; appeal from trial court's grant of judgment on the pleadings in favor of the City; whether plaintiff sufficiently alleged claims under Article I, Sections 1 and 19 of the state constitution.

, Supreme Court , 160A16 (Justice Barbara Jackson) , Published
Davis v. Hulsing Enters.

Whether North Carolina recognizes a first-party claim for dram shop liability; if so, whether that claim is barred by the contributory negligence of plaintiff's decedent.

, Supreme Court , 606A05-3 (Justice Cheri Beasley) , Published
State v. Lane

Direct appeal from trial court's order denying defendant's motion for postconviction DNA testing following this Court's opinion finding no error in defendant's conviction for first-degree murder and his sentence of death.

, Supreme Court , 374A16 (Per Curiam) , Published
Sanchez v. Cobblestone Homeowners Ass'n of Clayton, Inc.

Whether plaintiff homeowners who were later found not to be members of a homeowners association can recoup all previous dues that were erroneously collected by the association; whether an implied-in-fact contract existed between plaintiffs and the association; whether plaintiffs are estopped from denying the obligation to pay dues to the association.

, Supreme Court , 95A17 (Justice Robin Hudson) , Published
State v. China

Kidnapping and first-degree sex offense; whether the trial court erred in denying defendant's motion to dismiss the kidnapping charge on grounds that no restraint apart from that involved in the sex offense occurred.

, Supreme Court , 126PA17 (Justice Barbara Jackson) , Published
State v. Jacobs

Whether Rule of Evidence 412, the 'Rape Shield Law,' generally excludes evidence of an alleged victim's sexually transmitted diseases; whether the exception provided in Rule 412(b)(2) allows admission of such evidence in this case.

, Supreme Court , 455PA16 (Justice Michael Morgan) , Published
State v. Howell

Whether, after defendant's sentence for committing a Class 1 misdemeanor violation of the Controlled Substances Act was punished as a Class I felony under N.C.G.S. 90-95(e)(3), the trial court erred in sentencing defendant, an admitted habitual felon, as a Class E felon.

, Supreme Court , 335PA16 (Justice Paul Newby) , Published
State v. Lee

Whether, at defendant's murder trial, the court committed plain error by declining to give certain jury instructions requested by defendant regarding 'no duty to retreat.'

, Supreme Court , 252A16 (Justice Barbara Jackson) , Published
Krawiec v. Manly

Interlocutory appeal from N.C. Business Court order granting defendants' motions to dismiss certain claims under Civil Procedure Rule 12(b)(6).

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