Supreme Court
Supreme Court Opinions Filed August 27, 2021
State v. Austin
Defendant appeals from a judgment based on the trial court's alleged insertion of judicial opinion during its jury instructions which defendant argues prejudiced the jury enough to result in a new trial.
Carolina Mulching Co. v. Raleigh-Wilmington Invs. II, LLC
Review of Court of Appeals' decision addressing judgment entered after a bench trial pursuant to N.C.G.S. 1A-1, Rule 52(a)(1).
State v. Chavez
Failure to provide name of co-conspirator in jury instructions; plain error review of jury instructions; overwhelming evidence to support guilt without naming co-conspirator in jury instructions.
Mucha v. Wagner
Whether an out-of-state defendant's phone calls to the cell phone of a person he had no reason to know was physically present in North Carolina establish the minimum contacts sufficient to vest jurisdiction over defendant in North Carolina courts.
Est. of Long v. Fowler
Whether State employees are entitled to sovereign immunity against claims of negligence, gross negligence, and wrongful death brought against them in their individual capacities, and whether complaint stated cause of action.
State v. Allen
Whether the defendant was entitled to an evidentiary hearing on any of the claims asserted in his post-conviction motion for appropriate relief that were summarily dismissed by the trial court. Whether the trial court erred in denying the defendant's other claims after conducting a limited evidentiary hearing on certain claims and a full evidentiary hearing on other claims.
N.C. Farm Bureau Mut. Ins. Co. v. Lunsford
Whether the Financial Responsibility Act permits a North Carolina resident who entered into an insurance contract in North Carolina to stack her own underinsured motorist coverage limits with the underinsured motorist coverage limits provided to the tortfeasor under an out-of-state insurance policy.
State v. Johnson
Whether reasonable suspicion--necessary to justify a warrantless Terry search of defendant and the area of his vehicle under his direct control--existed where the responding officer testified that, during a traffic stop in a high-crime area at night for a non-moving violation, defendant (1) held his hands outside the driver's window as officers approached his vehicle, (2) appeared nervous in his interactions with the officer, (3) was 'blading' his body when retrieving documentation from the center console, and (4) possessed a criminal record with violent crime and weapons charges.
S. Env't Law Ctr. v. N.C. Railroad Co.
Whether the North Carolina Railroad Company is an agency or subdivision of the North Carolina government as that term is defined in the Public Records Act, N.C.G.S. 132-1.