A name sometimes applied to that form of conditional sale in which the goods are ...
Supreme Court of North Carolina Court Cases
State v. Odom (1983)The defendant contends that he should be granted a new trial due to the failure of the trial court to instruct the jury on the offense of simple assault. The defendant admits that he did not object to the instructions at trial and therefore waived his right to appeal on that ground. N.C.R.App.P. 10(b)(2). We agree with the defendant that the adoption of the "plain error" rule is appropriate in light of Rule 10(b)(2). While we adopt the "plain error" rule, when applying it to the defendant's [...]
Court: Supreme Court of North Carolina Docket: 551A82
State v. Smith (1980)
At the outset we note that this appeal should have been filed in the Court of Appeals since the minimum sentence imposed is less than life imprisonment. State v. Ferrell,___ N.C. ___, 265 S.E.2d 210 (No. 66, Spring Term 1980). Even so, we treat the papers filed by defendant in this court as a motion to bypass the Court of Appeals, allow the motion, and consider the case on the merits. G.S. 7A-31.
Court: Supreme Court of North Carolina Docket: 46
Lacy H. Thornburg, Atty. Gen. by Andrew A. Vanore, Jr., Chief Deputy Atty. Gen., Daniel F. McLawhorn, and Daniel C. Oakley, Sp. Deputy Attys. Gen., Raleigh, for respondent-appellant Department of Natural Resources and Community Development.
Court: Supreme Court of North Carolina Docket: 543A88
Veazey v. City of Durham (1950)
We are confronted at the threshold of this appeal by the assertion of the defendant that Judge Burney had no power to try the cause during the week beginning on March 14, 1949, and that in consequence the verdict and judgment must be set aside and a new trial awarded without regard to whether the trial on the merits conformed to pertinent legal principles. The defendant urges two lines of reasoning to sustain this position.
Court: Supreme Court of North Carolina Docket: 743
Adams v. AVX Corp. (1998)This case arises from proceedings before the Industrial Commission in which plaintiff alleged that she suffered an aggravation of preexisting medical conditions, pulmonary disease, and permanent and total disability as the result of an accidental exposure to chemicals, on 4 August 1992, arising out of and in the course of her employment with defendant AVX Corporation. The deputy commissioner found (1) "that an incident at work on 3 or 4 August 1992, if it occurred, did not cause plaintiff to be [...]
Court: Supreme Court of North Carolina Docket: 151PA98
State v. Powell (1980)
The sole question on this appeal is whether the trial court erred in denying defendant's motion to dismiss at the close of the State's evidence. We think the trial court ruled properly and find no error in the trial court proceedings on the charges for first degree murder and first degree rape. However, we reverse the trial court's denial of the motion to dismiss with respect to the charge of robbery with a dangerous weapon.
Court: Supreme Court of North Carolina Docket: 114
State v. Braswell (1985)Defendant argues that the trial court erred by admitting into evidence the revolver found in his house and the statements made by him in response to questions asked by Chief Deputy Oakley on the grounds that they were obtained in violation of his rights under the fifth and fourteenth amendments to the United States Constitution and article I, §§ 19 and 23 of the North Carolina Constitution. Defendant bases his argument on his contention that he was in custody once the officers entered his [...]
Court: Supreme Court of North Carolina Docket: 526A83
White v. White (1985)The litigants in this action were married on September 8, 1951. In July, 1980, the plaintiff husband abandoned the home of the parties. On November 23, 1981, he filed an action for divorce based on one year's separation. The defendant wife counterclaimed for equitable distribution of the marital property under N.C.G.S. 50-20. A hearing was held at the April 6, 1982 Session of District Court, Wake County on all issues arising from the pleadings. The trial court entered a judgment granting [...]
Court: Supreme Court of North Carolina Docket: 559PA83
Koufman v. Koufman (1991)
From an order modifying defendant's child support obligation, plaintiff appealed to the Court of Appeals. The Court of Appeals reversed this order and remanded the case for reinstatement of the original child support order.[*] We now reverse the Court of Appeals' decision and reinstate the trial court's modification order.
Court: Supreme Court of North Carolina Docket: 96A90
State v. Benson (1988)
Lacy H. Thornburg, Atty. Gen., Christopher P. Brewer, Sp. Deputy Atty. Gen., William P. Hart, Asst. Atty. Gen., James J. Coman, Sr. Deputy Atty. Gen., William N. Farrell, Jr., Joan H. Byers, Sp. Deputy Attys. Gen., and Barry S. McNeill, Asst. Atty. Gen., Raleigh, for the state.
Court: Supreme Court of North Carolina Docket: 124A86
State v. Gaines (1997)
Defendants were tried jointly and capitally for the first-degree murder of Charlotte Police Officer Eugene Anthony Griffin. The jury found both defendants guilty of first-degree murder and recommended a life sentence for each defendant.
Court: Supreme Court of North Carolina Docket: 486A94
State v. Coffey (1990)The defendant was tried on a true bill of indictment at the 5 October 1987 Schedule A Criminal Session of Superior Court, Mecklenburg County, and was convicted of murder in the first degree. The jury recommended and the trial court entered a sentence of death. On appeal the defendant brings forward numerous assignments of error. We conclude that the defendant's trial and conviction were free from prejudicial error. We further conclude, however, that errors during the sentencing proceeding in [...]
Court: Supreme Court of North Carolina Docket: 613A87
State v. Cooke (1982)The Court of Appeals correctly noted that the scope of appellate review of an order such as this is strictly limited to determining whether the trial judge's underlying findings of fact are supported by competent evidence, in which event they are conclusively binding on appeal, and whether those factual findings in turn support the judge's ultimate conclusions of law. 54 N.C.App. at 35, 282 S.E.2d at 803; see State v. Thompson, 303 N.C. 169, 277 S.E.2d 431 (1981); State v. Gray, 268 N.C. 69, [...]
Court: Supreme Court of North Carolina Docket: 151A81
The Court of Appeals dismissed defendant White Oak Transport Company, Inc.'s appeal for violations of the North Carolina Rules of Appellate Procedure ("appellate rules" or "rules"). We reverse and remand with instructions, and clarify the manner in which the appellate courts should address violations of the appellate rules.
Court: Supreme Court of North Carolina Docket: 303A07
Ellis & Winters, L.L.P., by Richard W. Ellis, Matthew W. Sawchak, and Andrew S. Chamberlin, Raleigh; and Wilson Elser Moskowitz Edelman & Dicker, by James C. Ughetta, pro hac vice, White Plains, NY, for defendants-appellees.
Court: Supreme Court of North Carolina Docket: 383PA03
State v. Vandiver (1988)The victim, Robert Eugene Scott, bled to death from a single stab wound to the neck on 28 December 1985. On that date, the victim had been visiting his mother and stepfather, Shirley and Joseph Haselden, in their apartment on the second floor of a Fayetteville rooming house. At about 6:45 p.m., the victim became embroiled in an argument with defendant's boyfriend, Paul Hair, outside defendant's first-floor apartment. Shortly thereafter the victim suffered a stab wound which severed his carotid [...]
Court: Supreme Court of North Carolina Docket: 91A87
State v. Young (1985)By his first assignment of error, defendant contends the trial court erred in failing to require the State to reveal upon which aggravating circumstances it intended to rely in seeking the death penalty. In particular, defendant challenges the sufficiency of the indictment to charge defendant with first-degree murder for which a penalty of death is sought by the prosecution. He also contends the trial court erred in denying defendant's pretrial motion for a bill of particulars to disclose the [...]
Court: Supreme Court of North Carolina Docket: 307A83
State v. Jackson (1983)
Defendant brings forth forty-three questions for review. For clarity, some of them will be grouped together in this opinion when appropriate. For reasons stated below, judgment must be arrested as to the kidnapping charge and the robbery charge, and the death sentence for murder is vacated and replaced with a sentence of life imprisonment.
Court: Supreme Court of North Carolina Docket: 598A82
State v. Earnhardt (1982)
The Court of Appeals' majority and dissenting opinions present an extensive recitation of the facts; reference is made to those opinions. 56 N.C.App. 748, 290 S.E.2d 376 (1982). We present a summary of the facts sufficient to understand the contentions addressed.
Court: Supreme Court of North Carolina Docket: 282A82
State v. Rogers (1986)
Defendant Carraway filed a pretrial pro se motion requesting an internal investigation into the conduct of Sergeant C.E. Boltinhouse, a detective with the Goldsboro Police Department. Her motion alleges that Sergeant Boltinhouse caused Jeffrey Dekeyser to fabricate his account of the 21 September Elm Street murder. Defendant Carraway's first assignment of error contends that the trial court erred in failing to order the requested investigation.
Court: Supreme Court of North Carolina Docket: 165A84