Justia North Carolina Supreme Court Opinion Summaries

Dr. Bruce Cairns, a division chief in the Department of Surgery and Medical Director of the Jaycee Burn Center at UNC Hospitals, was sued by Dr. James Hwang, a former surgeon at the UNC Burn Center. Dr. Hwang alleged that Dr. Cairns harassed him and created a hostile work environment, leading to his resignation. The case also involved a complaint filed with the UNC School of Medicine Human Resources Department, accusing Dr. Hwang of inappropriate behavior at a going-away party. Dr. Hwang claimed that Dr. Cairns falsely accused him of misconduct, including touching female coworkers inappropriately.The Superior Court of Durham County denied Dr. Cairns's motion to dismiss, finding that he was not entitled to public official immunity. The court also denied summary judgment, citing conflicting evidence about the origin of the Human Resources complaint. The Court of Appeals affirmed the trial court's decision, concluding that Dr. Cairns was a public official entitled to immunity and that Dr. Hwang did not provide sufficient evidence of malice.The Supreme Court of North Carolina reviewed the case and determined that Dr. Cairns was not a public official entitled to public official immunity. The court found that his positions as division chief and Medical Director were not created by statute and did not involve the exercise of sovereign power. The court reversed the Court of Appeals' decision and remanded the case for further consideration of the parties' outstanding arguments. View "Hwang v. Cairns" on Justia Law

Daniel Jones signed a blank application for a homeowner’s insurance policy, trusting his agent, J. Kim Hatcher Insurance Agencies, Inc. (Hatcher), to complete it accurately. Jones relied on Hatcher’s assurance based on their prior dealings and the commission Hatcher would earn. After Hurricane Florence destroyed Jones’s home, his insurer refused to cover the losses, citing material misrepresentations in the application. Jones discovered that Hatcher had omitted the existence of a pond and understated the property size.Jones sued Hatcher for negligence and gross negligence, among other claims. Hatcher moved to dismiss the ordinary negligence claim under Rule 12(b)(6), arguing contributory negligence. The trial court granted Hatcher’s motion, but the Court of Appeals reversed, finding that dismissal was not warranted as the complaint did not necessarily defeat Jones’s claim for ordinary negligence. The Court of Appeals also affirmed the dismissal of Jones’s claim for punitive damages.The Supreme Court of North Carolina reviewed the case. It agreed with the Court of Appeals that Jones’s complaint did not show contributory negligence as a matter of law, as the factual circumstances could support that Jones acted with ordinary prudence in trusting Hatcher. The court also found that Jones’s complaint sufficiently alleged a claim for punitive damages based on Hatcher’s willful and wanton conduct, giving Hatcher adequate notice of the claims. Therefore, the Supreme Court affirmed the Court of Appeals’ decision on the contributory negligence issue and reversed its decision on the punitive damages issue. View "Jones v. J. Kim Hatcher Ins. Agencies, Inc" on Justia Law

James Bowman was indicted for seven criminal offenses, including two counts of first-degree forcible sexual offense, after an incident involving S.B. on September 8, 2019. S.B. testified that Bowman, armed with a firearm, forced her to engage in various sexual acts, including anal intercourse and fellatio, against her will. Bowman was found guilty on all charges by a jury in his second trial.The Superior Court of Durham County sentenced Bowman to 365 to 498 months of active imprisonment. Bowman appealed, arguing that the trial court's jury instructions violated his right to a unanimous verdict. The Court of Appeals, in a split decision, agreed with Bowman, finding that the trial court's instructions were erroneous and jeopardized his right to a unanimous verdict. The court ordered a new trial for the two counts of first-degree forcible sexual offense.The Supreme Court of North Carolina reviewed the case and reversed the Court of Appeals' decision. The Supreme Court held that the trial court's jury instructions, when read as a whole, required a unanimous verdict and did not violate Bowman's right to a unanimous jury verdict. The court emphasized that the instructions clearly defined the elements of the offense and the need for unanimity. The Supreme Court remanded the case to the Court of Appeals to address Bowman's remaining arguments. View "State v. Bowman" on Justia Law

The defendant was charged with first-degree murder and assault with a deadly weapon with intent to kill inflicting serious injury after a shooting at a Raleigh motel. The defendant represented himself at trial and chose to be absent from the courtroom after his closing argument was cut off by the trial court. During jury deliberations, Juror #5 was excused for a medical appointment, and an alternate juror was substituted. The trial court instructed the jury to restart deliberations from the beginning. The jury found the defendant guilty of both charges, and he was sentenced to life in prison without parole for the murder conviction and additional imprisonment for the assault conviction.The defendant filed a petition for writ of certiorari with the North Carolina Court of Appeals, arguing that the substitution of an alternate juror during deliberations violated his state constitutional right to a twelve-person jury. The Court of Appeals unanimously agreed, holding that the substitution resulted in a jury of thirteen people, which violated the state constitution. The court vacated the defendant's convictions and remanded for a new trial.The State sought discretionary review by the Supreme Court of North Carolina, which reviewed the constitutionality of the statute allowing mid-deliberation juror substitution. The Supreme Court held that the statute did not violate the defendant's constitutional right to a jury of twelve, as it required the jury to begin deliberations anew following the substitution. The court presumed that the jury followed the trial court's instructions to restart deliberations, ensuring that the verdict was rendered by a properly constituted jury of twelve. Consequently, the Supreme Court reversed the decision of the Court of Appeals. View "State v. Chambers" on Justia Law

Respondent, the mother of a two-year-old child named Layla, has a history of alcohol and illegal drug abuse. Both respondent and Layla tested positive for methamphetamine and THC at Layla's birth. Respondent admitted to using marijuana and unprescribed Valium on the same day she gave birth to her twin children. Layla lived with respondent and respondent's girlfriend, in a home that respondent claimed was infested with rats. A social worker from Swain County Department of Social Services (DSS) observed respondent behaving erratically and under the influence of drugs. Despite signing a safety plan that prohibited unsupervised contact with Layla, respondent violated the plan within days.The District Court of Swain County adjudicated Layla as a neglected juvenile based on respondent's continued drug abuse, erratic behavior, and failure to follow the safety plan. The court's findings included respondent's drug use, the unsafe living conditions, and the violation of the safety plan. Respondent appealed the adjudication order to the Court of Appeals.The Court of Appeals vacated and remanded the trial court's order, stating that the trial court's findings lacked specific factual details about how respondent's actions impaired or risked impairing Layla's welfare. The appellate court required additional findings to support the conclusion of neglect.The Supreme Court of North Carolina reviewed the case and reversed the decision of the Court of Appeals. The Supreme Court held that the trial court's findings were sufficient to support the conclusion of neglect. The court emphasized that while specific written findings of a substantial risk of impairment are not required, the trial court's findings must logically support the conclusion of neglect. The Supreme Court concluded that the trial court's findings, including respondent's drug abuse and unsafe living conditions, adequately supported the adjudication of Layla as a neglected juvenile. View "In re L.C" on Justia Law

Defendant Bryan Christopher Bell was convicted of first-degree murder, first-degree kidnapping, and burning of personal property. He was sentenced to death for the murder conviction, and received consecutive prison terms for the other charges. Bell filed a post-conviction motion for appropriate relief, claiming that the prosecution engaged in gender-based discrimination during jury selection, violating J.E.B. v. Alabama ex rel. T.B.The Superior Court of Onslow County denied Bell's motion, finding that his J.E.B. claim was not preserved for appellate review and was procedurally barred under N.C.G.S. § 15A-1419. Bell then petitioned the Supreme Court of North Carolina for a writ of certiorari, which was granted to review the procedural aspects of his claim.The Supreme Court of North Carolina held that Bell failed to preserve his J.E.B. claim because he did not raise a gender-based objection during jury selection or on direct appeal. The court also found that the claim was procedurally barred, as Bell could have raised it on direct appeal but did not. The court concluded that the Butler affidavit, which Bell relied on to support his claim, did not provide new evidence that could not have been discovered through reasonable diligence at the time of his initial appeal.The court affirmed the Superior Court's order denying Bell's motion for appropriate relief, emphasizing the importance of preserving claims for appellate review and adhering to procedural requirements. The court did not find sufficient grounds to overcome the procedural bar, as Bell did not demonstrate good cause or actual prejudice. View "State v. Bell" on Justia Law

The defendant, a seventeen-year-old, was convicted of the abduction and murder of eighty-nine-year-old Elleze Kennedy. Along with his co-defendants, the defendant followed Ms. Kennedy home, assaulted her, and placed her in the trunk of her car. They later set the car on fire, resulting in Ms. Kennedy's death from carbon monoxide poisoning. The defendant was sentenced to life in prison without parole.The Superior Court of Onslow County initially sentenced the defendant to life without parole. The Court of Appeals upheld this sentence, finding no error. The defendant then filed a motion for appropriate relief, arguing that his sentence was unconstitutional under Miller v. Alabama, which requires consideration of a juvenile's age and potential for rehabilitation before imposing a life without parole sentence. The Superior Court held a resentencing hearing and reaffirmed the life without parole sentence, considering the Miller factors.The Supreme Court of North Carolina reviewed the case. The court held that the defendant's J.E.B. claim, alleging gender bias in jury selection, was procedurally barred because it was not raised at trial or on direct appeal. The court also affirmed the lower court's decision to sentence the defendant to life without parole, finding that the sentencing court properly considered the Miller factors, including the defendant's age, immaturity, ability to appreciate risks, prior record, mental health, and potential for rehabilitation. The court concluded that the sentencing court did not abuse its discretion in weighing these factors and that the sentence did not violate the Eighth Amendment. The decision of the Court of Appeals was affirmed. View "State v. Sims" on Justia Law

In June 2015, Appalachian Materials submitted an application to the Ashe County Director of Planning for a permit to build an asphalt plant under the Polluting Industries Development Ordinance (PID Ordinance). The application included aerial images, topographical maps, a marked floorplan, and a pending state air quality permit application. The Planning Director initially indicated the application met the ordinance's requirements but could not issue a permit until the state permit was received. Public opposition led to a temporary moratorium on polluting industries in October 2015. Appalachian Materials received the state permit in February 2016, but the Planning Director denied the application in April 2016, citing proximity to commercial and residential buildings and other issues.The Ashe County Planning Board reversed the Planning Director's decision, finding the application was complete and met the PID Ordinance requirements. The Board determined the mobile shed and barn near the proposed site were not commercial buildings and that there were no material misrepresentations in the application. The superior court affirmed the Board's decision.The North Carolina Court of Appeals reversed the Board's decision, holding the application was not complete until the state permit was received, thus falling under the moratorium. The court also found the mobile shed and barn were commercial buildings, and the application did not meet the setback requirements.The Supreme Court of North Carolina reversed the Court of Appeals, holding the application was complete when initially submitted in June 2015, triggering the Permit Choice statutes. The court found the mobile shed and barn were not commercial buildings under the PID Ordinance and upheld the Board's determination that there were no material misrepresentations. The court directed the Board to issue the permit under the PID Ordinance. View "Ashe County v. Ashe Cnty. Plan. Bd" on Justia Law

In 2021, Kaylore Fenner kidnapped, assaulted, and raped his mother. He was charged with multiple serious offenses, including forcible rape, kidnapping, robbery, and breaking or entering to terrorize and injure. Before trial, Fenner requested to represent himself. The trial court informed him that he faced 75 to 175 years in prison, a miscalculation. After being found guilty, Fenner was sentenced to 121 to 178 years in prison. Fenner appealed, arguing that the trial court erred by miscalculating the range of possible punishments.The Court of Appeals affirmed the trial court's decision, holding that Fenner was aware he was facing a life sentence. The court reasoned that the miscalculation did not affect the outcome because both the miscalculated and actual sentences were tantamount to life imprisonment.The Supreme Court of North Carolina reviewed the case. The court agreed with the Court of Appeals that the trial court complied with N.C.G.S. § 15A-1242, as the miscalculated range and the actual range were both equivalent to the remainder of Fenner's life. The court emphasized that the upper limit of any criminal defendant's period of incarceration is their natural life. Therefore, the trial court's miscalculation did not violate the statute, as it accurately conveyed that Fenner could spend the rest of his life in prison.The Supreme Court of North Carolina modified and affirmed the decision of the Court of Appeals, holding that the trial court's colloquy with Fenner complied with N.C.G.S. § 15A-1242, despite the numerical inaccuracy in the range of possible punishments. The court also addressed and dismissed additional arguments raised by Fenner. View "State v. Fenner" on Justia Law

Plaintiff Vanguard Pai Lung, LLC, a manufacturer and distributor of high-speed circular knitting machines, sued its former president and CEO, William Moody, and his associated entities, Nova Trading USA, Inc., and Nova Wingate Holdings, LLC. The lawsuit stemmed from an investigation by Pai Lung Machinery Mill Co. Ltd., which owns a majority interest in Vanguard Pai Lung, revealing alleged fraud and embezzlement by Moody. Plaintiffs brought sixteen claims, including fraud, conversion, embezzlement, unfair and deceptive trade practices, and unjust enrichment. Defendants counterclaimed with twelve claims primarily based on alleged breaches of contract.The Superior Court of Mecklenburg County, designated as a mandatory complex business case, heard the case. After a jury found in favor of the plaintiffs on several claims, including fraud and conversion, defendants filed post-trial motions, including a motion for judgment notwithstanding the verdict (JNOV). The business court ruled that several issues raised in the JNOV motion were not preserved because they were not included in the directed verdict motion. The court also denied defendants' other post-trial motions on the merits.The Supreme Court of North Carolina reviewed the case. The court affirmed the business court's decision, endorsing the rule that to preserve an issue for a JNOV motion under Rule 50(b), the movant must have timely moved for a directed verdict on that same issue. The court agreed that the business court correctly determined that several of defendants' arguments were not preserved and properly rejected the remaining post-trial arguments on the merits. The Supreme Court affirmed the judgment and post-trial orders of the business court. View "Vanguard Pai Lung, LLC v. Moody" on Justia Law