Supreme Court

, Supreme Court , 390PA16 (Justice Cheri Beasley) , Published
State v. Chekanow

Sufficiency of evidence that defendants constructively possessed marijuana found growing on their property.

, Supreme Court , 382PA16 (Justice Paul Newby) , Published
King v. Albemarle Hosp. Auth.

Medical malpractice action on behalf of minor child for birth-related injuries; whether, after the complaint was dismissed under Rule 41 and refiled six years later, N.C.G.S. 1-17(b) extended the three-year statute of limitations for professional malpractice actions established in N.C.G.S 15(c), thus preventing the refiled complaint from being time barred.

, Supreme Court , 361PA16 (Justice Mark Martin) , Published
N.C. Dep't of Transp. v. Mission Battleground Park, DST

Condemnation proceeding under Chapter 136 to take a portion of defendants' property for highway improvement purposes; whether the trial court abused its discretion in excluding expert opinion testimony on valuation offered by defendants because the trial court did not consider admissibility of the testimony under Evidence Rule 702 rather than N.C.G.S. 93A-83; whether it was improper for the trial court to instruct the jury that the jury should not consider the taking and use of adjoining lands of others for the same undertaking in determining just compensation.

, 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.

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