43 results for 'court:"North Carolina Supreme Court"'.
J. Newby finds that the court of appeal ruled improperly in this uninsured motorist dispute. The plain language of the statute does not allow the driver to stack his policy's uninsured motorist limits with his parents' limits. Reversed.
Court: North Carolina Supreme Court, Judge: Newby, Filed On: March 22, 2024, Case #: 281A22, Categories: Insurance, Vehicle
J. Newby finds that the North Carolina Business Court ruled properly in this business dispute. When the woman appeared and moved to claim exempt property, she waived her right to object to the sufficiency of the service of process. Affirmed.
Court: North Carolina Supreme Court, Judge: Newby, Filed On: March 22, 2024, Case #: 218A22, Categories: Business Practices
J. Dietz finds that the court of appeal properly upheld the trial court's ruling in this complaint brought by defendant, who is seeking monetary relief for the state's failure to provide him with a speedy trial. Defendant has already been granted relief because his criminal convictions were set aside. Affirmed.
Court: North Carolina Supreme Court, Judge: Dietz, Filed On: March 22, 2024, Case #: 148PA14-2, Categories: Civil Rights
J. Dietz finds that the trial court improperly ruled regarding a motion to suppress drug evidence found during a warrantless search. The trial court failed to make the necessary findings. The case is remanded back to the court for further proceedings. Reversed
Court: North Carolina Supreme Court, Judge: Dietz, Filed On: March 22, 2024, Case #: 124PA22, Categories: Drug Offender, Search
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J. Barringer finds that the court of appeal improperly ruled to reverse the trial court's ruling in this negligence complaint brought by a tenant against his landlord after he was burned from a gas explosion in the rental property. The tenant never gave the landlord any prior notice of the defect and the need for repairs in the home. Reversed.
Court: North Carolina Supreme Court, Judge: Barringer, Filed On: March 22, 2024, Case #: 28A23, Categories: Landlord Tenant, Negligence
J. Earls finds that the trial court properly ruled in favor of the alleged paramour in this complaint brought by a former husband alleging alienation of affection. The former husband failed to show that his former wife and her coworker were romantically involved prior to the marital separation. Affirmed.
Court: North Carolina Supreme Court, Judge: Earls, Filed On: March 22, 2024, Case #: 294A22, Categories: Family Law, Emotional Distress
J. Dietz finds that the trial court improperly certified a class in an action alleging the car dealership ran a deceptive promotion that led people to believe they had won a new car worth $20,000. The court's order is inconsistent and the case is remanded for further proceedings. Reversed.
Court: North Carolina Supreme Court, Judge: Dietz, Filed On: March 22, 2024, Case #: 198A22, Categories: Class Action, False Advertising
J. Barringer finds that the court of appeals improperly vacated defendant's conviction for conspiracy to commit robbery because the trial court properly declined to dismiss the charges based on evidence presented by the state.
Court: North Carolina Supreme Court, Judge: Barringer, Filed On: December 15, 2023, Case #: 264A21, Categories: Robbery
J. Riggs finds that the court of appeals properly overturned the decision declining to hear oral testimony at a summary judgment hearing in this breach of lease complaint because the court's misinterpretation of statute led it believe it was not permitted to allow testimony. Reversed.
Court: North Carolina Supreme Court, Judge: Riggs, Filed On: December 15, 2023, Case #: 351A22, Categories: Judiciary, Contract
J. Earls finds that the trial court improperly suppressed evidence of DUI as discovered during a traffic stop because the officer had probable cause for the arrest since he had witnessed defendant driving erratically and could smell alcohol on defendant's breath from inside his truck. Reversed
Court: North Carolina Supreme Court, Judge: Earls, Filed On: December 15, 2023, Case #: 208PA22, Categories: Search, Dui
J. Berger finds that the court of appeals should have suppressed evidence in defendant's trial for drug trafficking and other charges because the court misapplied statute in determining whether the exclusionary rule applied to evidence discovered while searching a vehicle in investigating a hit and run. The court misapplied statute in determining whether the exclusionary rule applied to evidence discovered during the search. Reversed.
Court: North Carolina Supreme Court, Judge: Berger, Filed On: October 20, 2023, Case #: 95A22, Categories: Drug Offender, Search
J. Morgan finds the trial court properly denied defendants' motion to introduce evidence that would have implicated alternative suspects for the robberies and murders. The evidence was not exculpatory for either defendant and was, therefore, inadmissible under North Carolina law. Affirmed.
Court: North Carolina Supreme Court, Judge: Morgan, Filed On: September 1, 2023, Case #: 334A21, Categories: Evidence, Murder, Robbery