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Topic: North Carolina Supreme Court

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North Carolina Court of Appeals

Dan Moore

Governor of North Carolina

	The North Carolina Business Court History
		The Business Court does not decide which cases are assigned, and his or her caseload is not a consideration in the process.
		While many states, including North Carolina, had amended their business laws to be more consistent with the Model Corporation Act, none had taken steps to make its court system as responsive and predictable as the Delaware Chancery Court in dealing with complex corporate issues.
		North Carolina is taking a leading role in development of the business court concept and plans to expand this concept in the future.
	www.ncbusinesscourt.net /history.htm (2149 words)

	Access: Education Finance Litigation, School Funding Policy and Advocacy
		On July 30, 2004 the North Carolina Supreme Court affirmed a trial court ruling that found the state is violating its constitutional duty to provide the opportunity for a sound basic education to its students in poor rural counties.
		The court concluded that students in a representative poor rural county were failing at alarming rates and that it was necessary to "hold the State accountable" for the many programs and services not provided to these students.
		The court stated that, "The children of North Carolina are our state's most valuable renewable resource," and emphasized the duty of the state's courts to act to prevent further harm to students.
	www.schoolfunding.info /news/litigation/8-13-04NorthCarolina.php3 (571 words)

	Mitchell Brewer Richardson - Appeals
		Oral argument in the Court of Appeals is a structured presentation by attorneys to the court and a discussion between the appellate lawyers and the panel of judges which focuses on the legal principles in dispute.
		Oral argument in the court of appeals is a structured discussion between the appellate lawyers and the panel of judges focusing on the legal principles in dispute.
		The court of appeals decision usually will be the final word in the case, unless it sends the case back to the trial court for additional proceedings, or the parties ask the United States Supreme Court to review the case.
	www.mbr-law.com /appeals.htm (1306 words)

	Legal Community Against Violence (Site not responding. Last check: 2007-11-02)
		North Carolina courts have held that this provision protects the ability of individuals to bear arms for defense of self and property.
		The North Carolina Supreme Court held that the local law could not be applied constitutionally in these circumstances, because it amounted to a total prohibition on defendant’s right to carry arms for personal defense.
		North Carolina is a “shall issue” state, meaning that the local sheriff must issue a concealed handgun permit if the applicant meets certain qualifications.
	www.lcav.org /states/northcarolina.asp (3851 words)

	North Carolina Appellate Court Cases - Opinions of Court Case Law from NC - North Carolina Court - unoffical reports - ...
		In Little, this Courtdetermined that the trial court erred because “the defendant did not have notice, prior to his plea on the substantive felonies, that the State was seeking to have him declared an habitual felon on the basis of the three felonies listed in the [superseding] indictment.
		The evidence considered by the court must be “substantial evidence (a) of each essential element of the offense charged, or of a lesser offense included therein, and (b) of defendant's being the perpetrator of the offense.” State v.
		Accordingly, the trial court did not err in failing to dismiss the superseding habitual felon indictment, dismiss the charge of felony breaking and entering, or instruct on a lesser included offense of malicious conduct by a prisoner.
	www.romingerlegal.com /northcarolina/HTML/030605-1.htm (3057 words)

	North Carolina Supreme Court Seat 2 (Site not responding. Last check: 2007-11-02)
		Betsy McCrodden was born and reared in Hamlet, North Carolina.
		The Supreme Court is vested with the responsibility for interpreting the North Carolina Constitution.
		Because the Supreme Court is North Carolina’s highest court and is the appellate court deciding the most complex legal issues, its justices should be of the highest caliber.
	www.lwvnc.org /leagueinfo2004/supremecourt2b.html (2528 words)

	North Carolina Supreme Court - Wikipedia, the free encyclopedia
		The primary function of the Supreme Court is to decide questions of law that have arisen in the lower courts and before state administrative agencies.
		The first North Carolina appellate court, created in 1799, was called the Court of Conference and consisted of several Superior Court (trial) judges sitting en banc twice each year to review appeals from their own courts.
		From the time the North Carolina General Assembly created the Court as a distinct body in 1818 to 1868, the members of the Court were chosen by the General Assembly and served for life, or "during good behavior." The legislature appointed John Louis Taylor, Leonard Henderson, and John Hall as the first Supreme Court judges.
	en.wikipedia.org /wiki/North_Carolina_Supreme_Court (347 words)

	Welcome to NCPLS, Inc.
		The North Carolina Court of Appeals determined that, under the statutes and rules governing a criminal defendant's right to appeal, it only had jurisdiction to consider the appeal of the motion to suppress.
		The Court also took into consideration the fact that it has been the universal practice within the North Carolina criminal justice system for nearly 25 years to treat the possession of cocaine as a felony.
		Had the Legislature felt that the courts and prosecutors were misinterpreting the statute, the laws could have been amended to make it clearer that possession of a Schedule II substance was actually a misdemeanor.
	www.ncpls.org /code/jones.htm (1341 words)

	Individual Income Directive PD-99-1
		On May 8, 1998, the North Carolina Supreme Court affirmed the trial court's decision that the taxation of retirement benefits paid by the State of North Carolina or its political subdivisions to former State and local government employees who had five or more years of service as of August 12, 1989, was unconstitutional.
		The Supreme Court then sent the case to the trial court for further orders with respect to the determination of who was qualified.
		The Court has not yet resolved issues about when the employer component is vested and how the settlement and future income tax exclusion apply to the retirement benefits received from the Federal Thrift Plan if the retiree is not vested in both the employee and employer components of the Plan.
	www.dor.state.nc.us /practitioner/individual/directives/pd-99-1.html (2233 words)

	Tampabay: North Carolina court blocks little girl's return to Florida
		The decision by the North Carolina Supreme Court came two days after a lower court in Raleigh cleared the way for Lazalia "Sissy" Urick and Ernest Barnett to take their child, Crystal, back to Hernando County.
		On Thursday, a child advocacy group appealed the ruling of a lower court judge, arguing that she failed to consider the couple's parental fitness and that Crystal's interests were ignored.
		Pitts also asked the Supreme Court to grant a hearing with better representation for Crystal, to approve visits with the family the child lived with in North Carolina and to delay the case until Gaytan's criminal charge is resolved.
	www.sptimes.com /News/042801/TampaBay/North_Carolina_court_.shtml (695 words)

	Judge Rusty Duke for NC Supreme Court Chief Justice (Site not responding. Last check: 2007-11-02)
		With four of the seven seats on the Supreme Court on this year's ballot, both the state GOP and Democratic parties spent the final weeks of the election season scrambling to influence voters.
		North Carolina's 2002 reforms to judicial campaign financing were supposed to reduce the power of private donors in judges' races, including limiting the role of donations from lawyers and others who have business in front of the courts.
		North Carolina voters will elect a chief justice to the court this year, for the first time since 2000.
	www.rustyduke.com /news.php (1861 words)

	Debra Sasser for District Court Judge (Site not responding. Last check: 2007-11-02)
		The district court is the only trial court that hears domestic (or family law) matters, including divorce, child custody, child support, and spousal support.
		It is also the only trial court that hears adoption cases and juvenile matters, which are cases involving children under the age of 16 who are delinquent or children under the age of 18 who are undisciplined, dependent, neglected or abused.
		Like the other trial courts, the District Court hears civil matters involving claims for recovery of money owed or damages; District Court hears these types of cases where the amount in controversy is $10,000 or less.
	www.debrasasser.com /court.html (182 words)

	The North Carolina Supreme Court has recently refused to review a decision of the Court of Appeals which held that a ...
		The North Carolina Supreme Court has recently refused to review a decision of the Court of Appeals which held that a husband and wife who were in the process of building a new home were not within the class of people that the North Carolina Building Code was designed to protect.
		The Court of Appeals held that a violation of the North Carolina Building Code only operates as negligence as a matter of law when the injured parties are within the class of people the North Carolina Building Code was designed to protect.
		The Court said that the Code is intended for the protection of occupants of a building or structure, neighbors and members of the public at large.
	www.poynerspruill.com /infocenter/Construction/Con_alert_8_5_02.asp (514 words)

	Kentucky.gov: - North Carolina Supreme Court rules in favor of tobacco grower states
		The Supreme Court Disposition states, âThe trial court erroneously held the enactment of FETRA entitled Settlors to a Tax Offset Adjustment for 2004.
		The decision of that court is therefore reversed and this case is hereby remanded for additional proceedings not inconsistent with the opinion.â
		Today's North Carolina Supreme Court decision overturns the lower court ruling and directs the Phase II payments to be made and distributed.
	kentucky.gov /Newsroom/governor/050819nctobaccoruling.htm (285 words)

	HSLDA \| North Carolina Supreme Court Rules Against Social Worker Investigation
		The Stumbos then appealed to the supreme court, which heard the case in February 2002.
		According to HSLDA President Mike Smith, the Stumbo case is important because the court found that social workers have an obligation to examine the reports they receive alleging abuse or neglect to make sure is rises to the level of neglect or abuse as defined by statue before initiating an investigation.
		However, the court issued a concurring opinion indicating that the fourth amendment applies in child abuse investigations.
	www.hslda.org /hs/state/nc/200307160.asp (632 words)

	NORTH CAROLINA ASSOCIATION OF DEFENSE ATTORNEYS
		The Court traveled beyond the legal question that was presented by the appeal and issued what is essentially an advisory opinion that creates a new principle of common law, even though an essential fact necessary for application of the new principle was not before the Court in the case it was deciding.
		The Supreme Court recast the question, interjecting an element not presented by the case before it, and held that no, the Dram Shop Act is not the exclusive remedy if the underage purchaser was visibly intoxicated when he made the illegal purchase.
		In Estate of Mullis, the Supreme Court emphasized that the underage driver’s friends all testified in their depositions that he did not appear to be intoxicated during the hours prior to the accident.
	www.ncada.org /Supreme.html (1034 words)

	North Carolina Board of Pharmacy : NCBOP Homepage
		Khan: (1) is not licensed as a pharmacist in North Carolina or any other state; (2) is not registered in North Carolina as a pharmacy technician; and (3) that a Virginia “pharmacy intern” registration that she possessed expired on December 31, 2005.
		The Supreme Court held that the North Carolina Court of Appeals erred in ruling that the Pharmacy Practice Act does not permit the Board to regulate pharmacist working conditions as a means of protecting public health and safety.
		The Supreme Court adopted the opinion of Judge Sanford Steelman, who dissented in the Court of Appeals on the basis that pharmacist fatigue and hunger can clearly contribute to dispensing errors.
	www.ncbop.org /index.html (767 words)

	Access: Education Finance Litigation, School Funding Policy and Advocacy (Site not responding. Last check: 2007-11-02)
		As part of their deliberations on the appeal of a lower court's decision in favor of plaintiffs, North Carolina's Supreme Court justices heard oral arguments on September 10th in the long-standing school funding adequacy case, Hoke County v.
		Both of the attorneys representing plaintiffs urged the supreme court to uphold the Superior Court's ruling in Hoke County, arguing that schools in the rural and urban districts are not receiving adequate funding to be able to provide their students with the "opportunity for a sound basic education," as required by the North Carolina constitution.
		As reported by newsobserver.com, the supreme court's decision is anticipated sometime during the current school year.
	www.schoolfunding.info /states/nc/9-12-03Hoke.php3 (299 words)

	North Carolina Republican Party
		On December 5, 1988, Rusty Duke was sworn in as a District Court Judge for Pitt, Craven, Carteret and Pamlico Counties.
		During his tenure on the Court of Appeals, he participated in over 1,000 decisions and was the youngest Judge in the history of the Court of Appeals.
		Judge Levinson is a native of North Carolina and graduated from law school at the University of North Carolina.
	www.ncgop.org /home/RepublicanJudges.asp (1317 words)

	Lawyers Weekly: About North Carolina Lawyers Weekly
		North Carolina Lawyers Weekly, which was founded in 1988, reports on legal decisions issued by all of the state and federal courts in North Carolina, as well as on changes to court rules, verdict & settlement reports, bar discipline and all other news vital to attorneys in the state.
		David is a graduate of the University of North Carolina School of Law.
		Teresa is a graduate of the University of North Carolina School of Law.
	www.lawyersweekly.com /resources/ncover.htm (303 words)

	North Carolina Supreme Court won (Site not responding. Last check: 2007-11-02)
		Hendersonville, North Carolina - The state Supreme Court has declined to review a lawsuit filed by three businessmen over the state's seizure of the DuPont State Forest.
		The court's decision may be the end of efforts to overturn North Carolina's forced sale of the 22 hundred acre tract.
		But North Carolina used its power of eminent domain to buy the land in the fall of 2000.
	www.propertyrightsresearch.org /north_carolina_supreme_court_won.htm (123 words)

	PsycLAW: Martin v. Benson
		The jury awarded partial damages to the plaintiff and she appealed, contending that neuropsychologists are categorically unqualified to testify regarding the existence and physical causes of brain dysfunction.
		A divided North Carolina Court of Appeals agreed and granted plaintiff a new trial on the ground that the trial court had abused its discretion in admitting the testimony of the neuropsychologist.
		The court acknowledged that the evidentiary rules provide broad grounds for the admission of expert testimony, but emphasized that North Carolina law prohibits psychologists from practicing medicine.
	www.apa.org /psyclaw/martin.html (359 words)

	North Carolina Supreme Court Throws out Murder Conviction :: WRAL.com (Site not responding. Last check: 2007-11-02)
		The Supreme Court reversed an appeals court ruling in the 2004 conviction of Gary Anthony Williams for murder and discharging a firearm into occupied property.
		Blackwell appealed and the Court of Appeals granted him a new trial, saying culpable negligence could not be used to satisfy the intent requirements for first-degree murder, according to court documents.
		The Supreme Court on Friday reversed that decision, ruling that the aggravating factor was lawful, among other findings.
	www.wral.com /news/state/story/1108402 (601 words)

	Archives: Story
		Reversing the decision of a lower court, the North Carolina Supreme Court ruled last week that tobacco companies could not withhold final "Phase II" payments because the companies had not yet made any payments for the buy-out.
		Agriculture Commissioner Richie Farmer hailed the court ruling as a victory for Kentucky tobacco farmers and a boost to Kentucky's agricultural diversification efforts.
		A lower court in North Carolina ruled in favor of the companies in December.
	www.newsdemocratleader.com /articles/2005/08/23/news/news04.txt (809 words)

	Moot Court
		In North Carolina, the competition is sponsored by the Law Week Committee for the Young Lawyers Division of the North Carolina Bar Association.
		Together with the opinions that explain the lower courts' decision in the particular case, they provide all of the facts and law that are needed to successfully argue the case for either the plaintiff or the defendant.
		Transcripts of oral arguments for actual cases heard by the United States Supreme Court are available at www.supremecourtus.gov.
	www.ccds.charlotte.nc.us /fort/moot_court.htm (1002 words)

	UNCW - Randall Library - legal Resources
		The Supreme Court is the highest court in the judicial branch of the U.S. government.
		In addition, all dispositions of cases that were appealed to the Supreme Court are included.
		While the United States Supreme Court is the highest, the greatest number of federal cases are handled the in the federal
	library.uncwil.edu /web/research/topic/legal/court.html (572 words)

	North Carolina Supreme Court Keeps Highway Fund Lawsuit Alive :: WRAL.com (Site not responding. Last check: 2007-11-02)
		The decision reversed a Court of Appeals opinion that had upheld a lower court ruling that dismissed the lawsuit.
		Writing for the majority, Justice Robert Edmunds rejected the appellate court's decision that Goldston and Harrington couldn't challenge the constitutionality of actions of state officials.
		The high court ruled "that a taxpayer has standing to bring an action against appropriate government officials for the alleged misuse or misappropriation of public funds," Edmunds wrote.
	www.wral.com /news/state/story/1108269 (666 words)

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