Supreme Court

, Supreme Court , 350PA16 (Per Curiam) , Published
TD Bank, N.A. v. Eagles Crest at Sharp Top, LLC

Appeal from trial court's entry of summary judgment for plaintiff and subsequent order denying defendants' motion for reconsideration under Civil Procedure Rule 59; whether defendants' Rule 59 motion tolled the time period in Rule of Appellate Procedure 3(c) for filing an appeal from the summary judgment order; whether Rule 59 can provide relief from a summary judgment order or is limited to post-trial motions.

, Supreme Court , 280A17 (Justice Paul Newby) , Published
State v. Arrington

Appeal from sentence imposed in conjunction with a plea agreement; whether the trial court erred in accepting defendant's stipulation to a previous second-degree murder conviction as a Class B1 offense; application of State v. Sanders and State v. Wingate to determine whether the stipulation was to a question of fact or a question of law.

, Supreme Court , 278PA17 (Justice Robin Hudson) , Published
State v. Maddux

Appeal from defendant's convictions for trafficking in and manufacturing methamphetamine; whether the trial court committed plain error in instructing the jury on aiding and abetting.

, Supreme Court , 130PA17 (Justice Robin Hudson) , Published
Meinck v. City of Gastonia

Negligence action for a slip and fall on City-owned premises leased to a nonprofit entity; summary judgment granted for defendant based on governmental immunity; whether ownership and maintenance of the building was a governmental or proprietary function.

, Supreme Court , 294PA17 (Per Curiam) , Published
State v. Austin

Whether N.C.G.S. 15A-954(a)(9) establishes a procedure to hear a pretrial motion by a defendant to dismiss a murder charge based on the immunity provision of section 14-51.2, the 'castle doctrine.'

, Supreme Court , 68A18 (Per Curiam) , Published
State v. Krider

Whether the trial court erred in revoking defendant's probation under N.C.G.S. 15A-1344(f) after his probationary term expired; whether the State presented sufficient evidence that defendant willfully absconded probation in violation of N.C.G.S. 15A-1343(b)(3a) and whether the trial court abused its discretion in making that finding.

, Supreme Court , 421PA17 (Per Curiam) , Published
State v. McPhaul

Whether the trial court committed prejudicial error in admitting testimony from the State's expert in fingerprint identification that tied defendant to the crimes for which he was convicted.

, Supreme Court , 408A17 (Per Curiam) , Published
State v. Stimpson

Whether defendant, who, along with two accomplices, participated in a series of armed robberies over a two- to three-hour period, engaged in a single conspiracy or in multiple conspiracies to commit robbery with a dangerous weapon.

, Supreme Court , 330A17 (Per Curiam) , Published
State v. Sayre

Whether an indigent defendant made a sufficient showing of 'materiality' under N.C.G.S. 15A-269 to require the trial court to appoint counsel to assist with his post-conviction motion for DNA testing to support his claim of innocence.

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