260 S.E.2d 138 STATE OF NORTH CAROLINA v. CLAUDE O. McLAWHORN No. 793SC481North Carolina Court of Appeals Filed 20 November 1979 1. Constitutional Law 50 — Speedy Trial Act — inapplicability The Speedy Trial Act which became effective 1 October 1978 was inapplicable where defendant was arrested on 19 August 1978 and tried on 5 […]
Category: North Carolina Court Opinions
STATE v. MARLOW, 310 N.C. 507 (1984)
313 S.E.2d 532 STATE OF NORTH CAROLINA v. WILLIAM PAUL MARLOW No. 199PA83Supreme Court of North Carolina Filed 3 April 1984 1. Criminal Law 91 — request for voluntary discovery — tolling of statutory speedy trial period A criminal defendant’s request for voluntary discovery tolls the running of the statutory speedy trial period pursuant to […]
EASTWAY WRECKER SERV. v. CITY OF CHARLOTTE, 360 N.C. 167 (2005)
EASTWAY WRECKER SERVICE, INC. v. CITY OF CHARLOTTE. No. 467A04.Supreme Court of North Carolina. Filed December 16, 2005. Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 165 N.C. App. 639, 599 S.E.2d 410 (2004), affirming an order entered on 6 January 2003 by Judge Albert […]
STATE v. PASS, 188 N.C. App. 848 (2008)
STATE v. PASS. No. COA07-584.North Carolina Court of Appeals. Filed February 19, 2008. Randolph County No. 05 CRS 80738. Appeal by defendant from judgment entered 8 May 2006 by Judge Michael E. Helms in Guilford County Superior Court. Heard in the Court of Appeals 28 November 2007. Attorney General Roy Cooper, by Assistant Attorney General […]
DAWSON v. LIGHT CO., 265 N.C. 691 (1965)
144 S.E.2d 831 FRANCES PERRY DAWSON v. CAROLINA POWER LIGHT COMPANY. Supreme Court of North Carolina Filed 24 November, 1965. 1. Negligence 37a — A person entering a business establishment for the purpose of paying a bill is an invitee. 2. Negligence 37b — A proprietor is not an insurer of the safety of his […]
MARTIN v. MABERRY, 16 N.C. 169 (1828)
JAMES MARTIN, ADMINISTRATOR OF RANDOLPH MABERRY, v. LUCY MABERRY, ABRAHAM MABERRY, AND OTHERS. Supreme Court of North Carolina (June Term, 1828.) 1. A bill of interpleader can only be filed by one in possession. Therefore, where an administrator never had reduced the assets into possession, but they were in that of some of the distributees, […]
DEAVER v. DEAVER, 236 N.C. 186 (1952)
72 S.E.2d 225 MAMIE DEAVER v. J. R. DEAVER. Supreme Court of North Carolina Filed 17 September, 1952. 1. Negligence 9 — Negligence does not create liability unless it is the proximate cause of the injury complained of, and foreseeability is an essential element of proximate cause. 2. Negligence 19b (1) — Evidence tending to […]
STATE v. SMITH, 202 N.C. App. 149 (2010)
690 S.E.2d 558 STATE OF NORTH CAROLINA v. RUSSELL EDWARD SMITH. No. COA09-565.North Carolina Court of Appeals. Filed January 19, 2010. Guilford County No. 05 CRS 100044. Appeal by Defendant from judgment entered 19 August 2008 by Judge William Z. Wood, Jr. in Superior Court, Guilford County. Heard in the Court of Appeals 27 October […]
STATE v. McINTYRE, 33 N.C. App. 557 (1977)
235 S.E.2d 920 STATE OF NORTH CAROLINA v. CAROLYN S. McINTYRE No. 7729SC233North Carolina Court of Appeals Filed 6 July 1977 1. Clerks of Court 1 — disbursement of restitution funds — no jurisdiction of clerk of court The clerk of the superior court was without jurisdiction to enter an order directing disbursement of restitution […]
STATE v. HOLDEN, 280 N.C. 426 (1972)
185 S.E.2d 889 STATE OF NORTH CAROLINA v. EDWARD HOLDEN No. 61Supreme Court of North Carolina Filed 28 January 1972 1. Criminal Law 99 — expression of opinion by trial judge G.S. 1-180 prohibits any opinion or intimation of the trial judge at any time during the trial which is calculated to prejudice the parties […]