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North Carolina Death Law
State Of North Carolina v. Barnett

Defendant James Anthony Barnett, Jr. (“Defendant”) appeals the judgments
entered after a jury convicted him of attempted second degree rape, two counts of
deterring an appearance by a witness, and assault on a female. Defendant also
appeals the postconviction orders entered imposing lifetime satellite-based
monitoring (“SBM”), lifetime sex offender registration, and a permanen... More...
   $0 (01-30-2016 - NC)

State Of North Carolina v Barnett

The State’s evidence introduced at trial tended to show the following: In late
January 2013, Winnie Johnson (“Ms. Johnson” or “the victim”)1 met Defendant on a
call-in chat line. They began dating shortly thereafter. On or about 29 January 2013,
Defendant was taken into custody and incarcerated at the Alamance County jail for
a matter unrelated to this appeal. Following Def... More...
   $0 (01-19-2016 - NC)

United States of America v. Joshua Paul Wilson

Charlotte, NC - Newton, N.C. Man Pleads Guilty To Three Bank Robberies

A Newton, N.C. man appeared before U.S. Magistrate Judge David S. Cayer today and pleaded guilty to robbing three BB&T Bank branches in 2014.

A federal criminal indictment was filed on September 16, 2015, charging Joshua Paul Wilson, 33, with three counts of bank robbery, stemming from the bank robberies he c... More...
   $0 (01-05-2016 - NC)

State Of South Carolina v. Ortho-McNeil-Janssen Pharmaceuticals

Appellant Ortho-McNeil-Janssen Pharmaceuticals (Janssen) is a pharmaceutical company that manufactures the antipsychotic drug Risperdal. Risperdal is among a class of drugs prescribed primarily for the treatment of schizophrenia. The Attorney General of South Carolina believed that Janssen had violated the South Carolina Unfair Trade Practices Act (SCUTPA)2 by engaging in unfair methods of compet... More...   $248649400 (12-28-2015 - NC)

State Of North Carolina v Biddix

Mark Allan Biddix (“Defendant”) appeals from judgment entered following his
plea of guilty to manufacturing methamphetamine, two counts of conspiracy to
manufacture methamphetamine, ten counts of possession of an immediate precursor
chemical used to manufacture methamphetamine, and continuing a criminal
enterprise. Defendant does not have a statutory right to appeal the issue ... More...
   $0 (12-17-2015 - NC)

Clarke, ex rel v Mikhail

Plaintiff commenced this wrongful death and medical malpractice action
against Dr. Ashraf Gad Bakhom Mikhail (“Dr. Mikhail”), Jessica Hardin (“Ms.
Hardin”), and Coastal Carolina Neuropsychiatric Center (“CCNC”) on 30 September
2011. Plaintiff alleged Ms. Hardin was negligent in prescribing and dosing a drug,
Lamictal, to treat Erica Bohn’s (“Ms. Bohn’s”) severe mental illness.... More...
   $0 (11-06-2015 - NC)

United States of America v. Duke Energy Corporation

Washington, DC - The U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice (DOJ) today announced a settlement with Duke Energy Corporation (Duke) to resolve Clean Air Act violations at five coal-fired power plants across North Carolina. The settlement resolves long-standing claims that Duke violated the federal Clean Air Act by unlawfully modifying 13 coal-fired electricity... More...   $0 (09-11-2015 - NC)

United States of America v. Larry C. Shelby and Karen Shelby

Martinsburg, WV - Couple convicted of fabricating death to desert from U.S. Coast Guard

Larry C. Shelby, 34, and his wife Karen Shelby, 34, of Martinsburg, were convicted of misleading the U.S. Coast Guard.

Larry Shelby, a non-commissioned officer in the U.S. Coast Guard, conspired with his wife, Karen Shelby to fabricate his own death in an effort to desert from the Coast Guard.... More...
   $0 (08-12-2015 - NC)

State of North Carolina v. Jonathan Broyhill

Raleigh, NC - The State of North Carolina charged Jonathan Broyhill with first-degree murder in conjunction with the death of Jamie Hahn and attempted first-degree murder and assault with a deadly weapon of Nation Hahn in April 2013.
Hahn accuse Broyhill of embezzling more than $46,500 from the campaign of Congressman Brad Miller and engaging in other deceptive behavior. Broyhill stabbed Hah... More...
   $0 (03-18-2015 - NC)

Larry Whitfield v. United States of America

Federal law establishes enhanced penalties for anyone who “forces any person to accompany him” in the course ofcommitting or fleeing from a bank robbery. 18 U. S. C. §2113(e). We consider whether this provision applieswhen a bank robber forces someone to move with him over a short distance.
I Petitioner Larry Whitfield, fleeing police after a botchedbank robbery, entered the home of 79-ye... More...
   $0 (01-13-2015 - NC)

United States of America v. Torrance Jones a/k/a Tube

Torrance Jones was convicted in 1996 on federal cocaine trafficking charges and sentenced to 360 months’ imprisonment. His sentence was enhanced by, among other things, two prior Florida state court convictions. Following his sentencing and appeal, Jones filed a motion under 28 U.S.C. § 2255 in October 2000 for post-conviction relief, which the district court denied. We dismissed Jones’s subs... More...   $0 (07-14-2014 - NC)

North Carolina v. Kenan Gay

The State of North Carolina charged Kenan Gay with second-degree murder and manslaughter in connection with the March 2012 death of Robert "Robb" Kingston who was killed outside Ed's Tavern in Charlotte. On March 3, 2012, Gay and Kingston engaged in a drunken dispute after Kingston tried to kiss Cay's girlfriend, now wife. Gay pushed Kingston out the door of the tavern. Within moments, Kingston ... More...   $0 (06-13-2014 - NC)

United States of America v. Thomas Blackledge

Respondent-Appellant Thomas Blackledge has been civilly committed as a sexually dangerous person under the Adam Walsh Child Protection and Safety Act of 2006 (“Adam Walsh Act”), codified at 18 U.S.C. §§ 4247-48. Prior to a hearing on his commitment, Blackledge successfully moved for the appointment of an expert forensic examiner, who opined that he was indeed a sexually dangerous person. Bla... More...   $0 (05-05-2014 - NC)

United States of America v. Erasto Gomez-Jimenez and Aaron Juarez-Gomez

Before the court are two related cases that we have consolidated. In one case, Erasto Gomez-Jimenez (“Erasto”) appeals the district court’s judgment sentencing him to 180 months’ imprisonment by challenging the application of several sentencing enhancements. In the other case, Aaron Juarez-Gomez (“Juarez-Gomez”) seeks review of two of the six counts of which he was convicted and also a... More...   $0 (04-24-2014 - NC)

American Civil Liberties Union of North Carolina v. Anthony J. Tata

The First Amendment prohibits the making of any law “abridging the freedom of speech . . . .” U.S. Const. amend. I. “Premised on mistrust of governmental power, the First Amendment stands against attempts to disfavor certain subjects or viewpoints.” Citizens United v. Fed. Election Comm’n, 558 U.S. 310, 340 (2010). Chief amongst the evils the First Amendment prohibits are government â... More...   $0 (02-11-2014 - NC)

United States of America v. Mohammad Omar Aly Hassan

The appellants in these consolidated proceedings, Mohammad Omar Aly Hassan, Ziyad Yaghi, and Hysen Sherifi, were tried jointly in the Eastern District of North Carolina and convicted of several offenses arising from terrorism activities. On appeal, the trio presents myriad challenges to their convictions and sentences. As explained below, we reject the appellants’ various contentions of error an... More...   $0 (02-04-2014 - NC)

State of North Carolina v. Markeith Council

The State of North Carolina charged Markeith Council with manslaughter as a result of the death of Shon Demetrius McClain on June 17, 2013. McClain, age 40, was being held in the Wake County Detention Center at the time of his death which result from being assaulted and beaten by Council, a detention officer at the facility.

Other inmates testified that Council told McClain that he ws ... More...
   $0 (12-14-2013 - NC)

Tammy Lou Fontenot v. Taser International, Inc.

Darryl Wayne Turner, age seventeen, died from cardiac arrest after a confrontation with police in which he was struck in the chest by electrical current emitted from a device commonly known as a “taser,” manufactured by TASER International, Inc. (TI). The police officer who discharged the taser aimed the device at Turner’s chest based on training provided by the Charlotte Mecklenburg Police ... More...   $0 (11-26-2013 - NC)

Maria Nicole Durden v. United States of America

On December 13, 2009, U.S. Army Specialist Aaron Pernell unlawfully entered the home of Maria Durden while inebriated and raped Durden in front of her children. Durden subsequently sued the government pursuant to the Federal Tort Claims Act (FTCA), 28 U.S.C. § 1346(b), alleging that the Army was negligent and therefore is liable for the sexual assault against her. The government moved to dismiss ... More...   $0 (11-21-2013 - NC)

Susan C. Turner v. United States of America

This case comes before the Court on an appeal of the district court’s grant of summary judgment to the defendant, the United States Coast Guard (“USCG”), in a personal injury and wrongful death action. The central issue in the case concerns whether the Coast Guard breached a duty of care in attempting to rescue Susan Turner and her husband, Roger Turner, Jr. Based on the record in this case,... More...   $0 (11-21-2013 - NC)

Jimmy Radford v. Carolyn W. Colvin

Jimmy Radford applied for social security disability benefits after he sustained an injury to his back. An Administrative Law Judge (ALJ) denied Radford’s claim, finding, among other things, that he was not disabled because his back impairment did not “meet or equal” Listing 1.04A, the regulation identifying disorders of the spine that merit a conclusive presumption of disability and an awar... More...   $0 (10-29-2013 - NC)

State of North Carolina v. Chauncey Sterling

State of North Carolina charged Chauncey Sterling, 20, with first-degree murder and robbery in the 2011 shooting of hospital executive Robert Barber on a South Charlotte street. The State contended that Sterling was planning to rob Barber and that the killing was not intended. Barber was walking home from a coffee shop when he was killed.

Section 14-17 of Subchapter II, Article 6 of the ... More...
   $0 (06-14-2013 - NC)

State of North Carolina v. Ellis Royster

State of North Carolina charged Ellis Royster of first-degree murder in conjunction with the death of 2-year-old Amias Robinson in a drive by shooting in 2010.

Defendant took the stand to deny that he was the shooter.

The State asserted that Defendant shot 11 times at someone in a car, because of a $10 drug deal gone bad.

A witness called by the State testified that Roys... More...
   $0 (05-28-2013 - NC)

Paula K. Gregory v. Old Republic Home Protection

Paula K. Gregory, individually and on behalf of the estates of Darryl Gregory, Jr. and Monique L. Carpenter sued Old Republic Home Protection on negligence wrongful death, breach of implied warranty and unfair and deceptive trans practices theories claiming that both died on November 14, 2008 as a direct result of carbon monoxide poisoning as a result of faulty repair of a heating system where ... More...   $0 (05-21-2013 - NC)

Lisa Holt v. Crescent Resources

Lisa Holt sued Crescent Resources on a negligence wrongful death theory claiming that it failed to install a promised traffic light at an N.C. 49 intersection and, as a direct result, on April 4, 2009, an traffic accident at the intersection, her 13-year old son, Hunter, Cindy Furr and Mackie Price were all killed. The car driven by Furr was hit by a car driven by Tyler Stasko, who was racing anot... More...   $0 (05-10-2013 - NC)

Edgar Brown v. North Carolina Youth Soccer Association

The families and estates of Julian Brown, age 13, and Matthew Helms, age 13, sued the North Carolina Youth Soccer Association on negligence wrongful death theories claiming that the boys were killed in a bus accident during soccer trip a trip to France. The Plaintiffs claimed that Defendant failed to exercise due care in the selection of the bus company that owned and operated in the bus in which... More...   $8300000 (04-27-2013 - NC)

Wos, Secetary, North Carolina Department of Health and Human Services v. E.M.A.

The federal Medicaid statute’s anti-lien provision, 42 U. S. C. §1396p(a)(1), pre-empts a State’s effort to take any portion of a Medicaid beneficiary’s tort judgment or settlement not “designated aspayments for medical care,” Arkansas Dept. of Health and Human Servs. v. Ahlborn, 547 U. S. 268, 284. A North Carolina statute requires that up to one-third of any damages recovered by a ben... More...   $0 (03-30-2013 - NC)

Dawn D. Brown v. Town of Cary

The Town of Cary, North Carolina (the "Town"), appeals the district court’s invalidation of its municipal sign ordinance as it applied to resident William David Bowden ("Bowden"). The district court held that the ordinance was a content based constraint on Bowden’s First Amendment rights. We disagree. Because the ordinance regulates speech for reasons independent of content, it is a content ne... More...   $0 (01-22-2013 - NC)

Family and Estate of Donald Lynn Beck v. Dr. Earl P. Webster

Linda Dunn Beck and Donna Beck, individually and on behalf of the Estate of Donald Lynn Beck sued Dr. Earl P. Webster, Dr. Donald Desantis, LexMedical, Inc., Lexington Memorial Hospital and Hospital Medicine Physicians of Davidson County on medical negligence (medical malpractice) wrongful death theories claiming that Beck, age 59, died as a direct result of substandard care. They claimed that Bec... More...   $0 (09-28-2012 - NC)

Cheyenne Saleena Stark v. Ford Motor Company

This case presents the question whether the product alteration or modification defense provided to manufacturers and sellers in products liability actions by section 99B-3 of our General Statutes applies only if the one who altered or modified the product is a party to the litigation at the time of trial.1 By its plain language, section 99B-3 protects manufacturers and sellers from liability for i... More...   $0 (04-23-2012 - NC)

Anthony G. Willis v. Robert Willis

Plaintiff Anthony Willis, on behalf of the estate of Janice Willis, seeks reformation of a deed based on unilateral mistake of the grantor in the absence of fraud. Because this remedy is unavailable as a matter of law, we modify and affirm the decision of the Court of Appeals.

Opinion of the Court

Janice Willis had two sons, Eddie and Anthony. In December 2004 she drafted a will bequ... More...
   $0 (03-09-2012 - NC)

B. Hancox v. Performance Anesthesia, P.A.

Bradford Scott Hancox, Administrator of the estate of Corporal Latiece Reid Glenn, appeals the August 27, 2010 Order of the district court that dismissed, for want of subject matter jurisdiction, the estate’s negligence claims against the United States. See Glenn v. Performance Anesthesia, P.A., No. 5:09-CV-00309, 2010 WL 3420538 (E.D.N.C. Aug. 27, 2010) (the district court’s “Opinion”). I... More...   $0 (11-23-2011 - NC)

Devoid Turner and Tammy Lou Fontenot v. Taser International, Inc.

Devoid Turner and Tammy Lou Fontenot sued Taser International, Inc. on a products liability wrongful death theory claiming that the TASER used by Charlotte North Carolina Office Jerry Dawson was defective and unreasonable dangerous and caused the death Darryl Turner who collapsed and died after he was shocked in the chest by a TASER Model X26 electronic control device during a confrontation in t... More...   $10000000 (07-21-2011 - NC)

Janice Schaffer v. Michael J. Astrue

Don and Janice Schafer married in 1992. Don died the next year. With the help of in vitro fertilization, however, Janice gave birth to W.M.S., Don Schafer’s biological child, a number of years later. Janice Schafer then applied on W.M.S.’s behalf for survivorship benefits under the Social Security Act.

See 42 U.S.C. § 402(d) et seq.

The Social Security Administration rejected W.... More...
   $0 (04-12-2011 - NC)

LaFonda Bond v. Lambuth Memorial Preschool, et al.

The Mother of a 22-month-old child sued Lambuth Memorial Preschool on a negligence theory for the wrongful death of her son who chocked on a piece of sliced peach during lunch on December 11, 2008.

The guidelines from the Department of Human Services states on page 6 that during mealtime: An adult must be in the direct sight and sound of children ages six (6) weeks through five (5) years,... More...
   $1500000 (04-01-2011 - NC)

Lynda Springs v. City of Charlotte

Defendants City of Charlotte ("the City"), Transit Management of Charlotte ("TMOC"), and Dennis Wayne Napier appeal from a judgment entered in a negligence action brought by plaintiff Lynda Springs following a motor vehicle accident. We uphold the trial court's denial of the motion for a directed verdict and judgment notwithstanding the verdict ("JNOV") on the issue of permanent injuries, but we a... More...   $0 (01-18-2011 - NC)

Anthony Robinson v. Bridgestone/Firestone North American Tire, L.L.C.

Plaintiffs Anthony Robinson; his wife, Edith Robinson; and Ms. Robinson's daughters, Calizza Whitaker and Shondretta Whitaker, appeal from the trial court's grant of summary judgment to defendants Bridgestone/Firestone North American Tire, L.L.C. ("Firestone"), Littleton Service Center ("Littleton"), and Luther Alston based on the court's determination that plaintiffs' products liability claims ar... More...   $0 (01-18-2011 - NC)

Kevin D. Buchanan v. Teresa Hagy Buchanan

Kevin D. Buchanan, individually, as executor of the estate of Kelly Buchanan, and as guardian of the property of Tiffany Hope Buchanan, a minor, and Christopher Buchanan, individually, (collectively referred to as “plaintiffs”) appeal from a trial court’s order declaring that Teresa Hagy Buchanan (“defendant”) received an “estate for years” from decedent’s will and an order denying... More...   $0 (09-07-2010 - NC)

Lenton Credelle Brown v. Kindred Nursing Centers East, L.L.C., et al.

This case presents the question whether a complaint alleging medical malpractice may be amended after the expiration of the two-year statute of limitations to include an expert certification as required by North Carolina Rule of Civil Procedure 9(j) (Rule 9(j)). We have previously held that “[a]llowing a plaintiff to file a medical malpractice complaint and to then wait until after the filing to... More...   $0 (04-15-2010 - NC)

Hayluri Beckles-Palomarres v. Michael Andrew Logan, Jr.

On 20 May 2006, seven-year-old Joshua Beckles-Palomares1 (“Joshua”) was riding his bicycle south on Freeman Street in Winston-Salem, down a slight grade and approaching a “T” intersection with Wells Street. The intersection is controlled by a stop sign requiring vehicles on Freeman Street to stop before entering Wells Street. Michael Logan (“defendant Logan”) was driving his sport util... More...   $0 (02-11-2010 - NC)

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