Justia North Carolina Supreme Court Opinion Summaries

Two brothers, Jim and Charles, manage two LLCs, JHD Properties, LLC, and Berry Hill Properties, LLC, which were established by their father as part of his estate plan. Each brother, along with two other siblings, holds a 25% equity interest in the LLCs through individual trusts. The LLCs own approximately sixty-eight acres of undeveloped land in Wake County, North Carolina. The operating agreements of the LLCs require unanimous agreement between the two managers for any binding action. Since 2018, Jim and Charles have been unable to agree on the use or sale of the property, leading to a managerial deadlock.The plaintiffs, James H.Q. Davis Trust and William R.Q. Davis Trust, filed an action seeking judicial dissolution of the LLCs, arguing that it had become impracticable to conduct the business of the LLCs due to the deadlock. The Business Court granted the motion to intervene by the Charles B.Q. Davis Trust and later denied the Charles Trust’s motion to dismiss. Both parties filed cross-motions for summary judgment. The Business Court granted summary judgment in favor of the plaintiffs, concluding that the deadlock made it impracticable to conduct the LLCs' business in conformance with the operating agreements.The Supreme Court of North Carolina reviewed the case and affirmed the Business Court’s decision. The Court held that judicial dissolution was appropriate because the managerial deadlock prevented the LLCs from conducting any economically useful activity and there was no mechanism in the operating agreements to break the deadlock. The Court concluded that it was not practicable for the managers to operate the LLCs in accordance with the operating agreements, thus affirming the grant of summary judgment for the plaintiffs. View "Davis Trust v. JHD Properties, LLC" on Justia Law

Andre Lester was charged and convicted of multiple sex offenses with a minor. At trial, the State presented Verizon phone records to link Lester to the crimes. Exhibit #2 showed the time, date, and connecting number for every call made to or from the phone allegedly belonging to Lester. Exhibit #3 featured a subset of that data, showing communications between Lester’s phone and the victim’s phone. Lester argued that the admission of these exhibits violated the Confrontation Clause and hearsay rules because he could not cross-examine the source of the data.The Superior Court of Wake County admitted the exhibits under Rule 803(24), the catch-all hearsay exception, despite acknowledging that they did not meet the business records exception under Rule 803(6). The jury convicted Lester on all counts, and he appealed. The Court of Appeals reversed the convictions, holding that the admission of the exhibits violated the Confrontation Clause and hearsay rules, and ordered a new trial.The Supreme Court of North Carolina reviewed the case and found that the Court of Appeals misapplied the Confrontation Clause analysis. The Supreme Court held that machine-generated raw data, if truly machine-generated, are neither hearsay nor testimonial under the Confrontation Clause. The Court emphasized that the primary purpose test should focus on why the data were created, not why they were later retrieved. The Court concluded that if Verizon’s systems recorded the data as part of routine operations, the data were not created for use in a trial. The Supreme Court reversed the decision of the Court of Appeals and remanded the case for consideration of Lester’s remaining issues. View "State v. Lester" on Justia Law

Gregory Cohane filed a lawsuit against The Home Missioners of America, the Roman Catholic Diocese of Charlotte, and Al Behm, alleging child sexual abuse by Behm and negligence by the other defendants. Cohane claimed that Behm, a clergyman employed by Glenmary and supervised by the Diocese, groomed and sexually abused him over several years, starting when he was nine years old. Behm's abuse continued even after he was transferred to different locations due to other allegations of misconduct. Cohane's lawsuit was filed in 2021, invoking the revival provision of the SAFE Child Act, which allows previously time-barred claims of child sexual abuse to be brought within a specific two-year window.The Superior Court of Mecklenburg County dismissed Cohane's claims against Glenmary and the Diocese, ruling that the revival provision only applied to direct abusers, not to institutions that enabled the abuse. Cohane appealed, and the Court of Appeals reversed the trial court's decision, holding that the plain language of the revival provision was broad enough to include claims against both direct abusers and enablers.The Supreme Court of North Carolina reviewed the case and affirmed the Court of Appeals' decision. The court held that the revival provision of the SAFE Child Act, which revives any civil action for child sexual abuse otherwise time-barred under N.C.G.S. § 1-52, applies to claims against both direct abusers and those who enabled the abuse. The court emphasized that the plain language of the statute did not distinguish between different types of defendants and that traditional tort principles allow for recovery from both direct tortfeasors and those who contributed to the harm. Thus, Cohane's claims against Glenmary and the Diocese were revived under the SAFE Child Act. View "Cohane v. The Home Missioners of America" on Justia Law

In 2011, plaintiffs sued the Roman Catholic Diocese of Charlotte, alleging sexual abuse by priests in the 1970s and 1980s. The trial court granted summary judgment for the Diocese, finding the claims time-barred by the statute of limitations. One plaintiff appealed and lost, while the other did not appeal. Both judgments became final a decade ago.In 2019, the General Assembly passed the SAFE Child Act, which revived previously time-barred claims for child sexual abuse. In 2020, plaintiffs filed new lawsuits asserting the same claims dismissed in the earlier judgments, arguing that the SAFE Child Act allowed them to do so. The trial court dismissed these new lawsuits with prejudice, citing the res judicata effect of the earlier judgments. The Court of Appeals affirmed, holding that the new lawsuits were barred by res judicata because final judgments had already been entered on the same claims.The Supreme Court of North Carolina reviewed the case and affirmed the Court of Appeals' decisions. The court held that the General Assembly does not have the power to set aside a final judgment of the judicial branch. The court emphasized that under the North Carolina Constitution, the judicial power belongs exclusively to the judicial branch, and the legislature cannot annul a judgment or decree of a court. The court concluded that the SAFE Child Act, like any other legislative act, cannot overturn a final judgment entered by the judicial branch. View "Doe v. Roman Cath. Diocese" on Justia Law

Three former students of East Gaston High School, who were members of the wrestling team, filed a lawsuit against their coach, Gary Scott Goins, and the Gaston County Board of Education. They alleged that Goins subjected them to sexual abuse, physical violence, and psychological harm during the mid-1990s and early 2000s. Goins was criminally convicted in 2014 and sentenced to over thirty-four years in prison. The plaintiffs sought civil damages from the Board of Education, claiming it knew or should have known about the abuse. The claims were initially time-barred under the three-year statute of limitations, which began running on the victims' eighteenth birthdays.The Superior Court of Wake County, in a divided decision, declared the revival provision of the SAFE Child Act, which allowed previously time-barred claims to be filed during a two-year window, unconstitutional. The court held that the expiration of the statute of limitations created a vested right for the defendants, which the legislature could not retroactively alter.The North Carolina Court of Appeals reversed the lower court's decision, holding that the revival of the statute of limitations did not interfere with vested rights. The court reasoned that statutes of limitations are procedural and do not create property rights. Therefore, the legislature could retroactively alter them without violating the constitution.The Supreme Court of North Carolina affirmed the Court of Appeals' decision, holding that the running of a statute of limitations in a tort claim does not create a constitutionally protected vested right. The court emphasized that statutes of limitations are procedural and affect only the remedy, not the underlying right. The court concluded that the General Assembly has the authority to retroactively alter statutes of limitations for tort claims. View "McKinney v. Goins" on Justia Law

In August 1998, a 17-year-old defendant, a member of the Crips gang, participated in the abduction, robbery, and murder of three women, resulting in the death of two and the attempted murder of the third. The defendant was arrested and indicted on multiple charges, including two counts of first-degree murder. In 2000, a jury found him guilty, and he was sentenced to death. The North Carolina Supreme Court vacated the death sentence due to a jury polling error and remanded for resentencing. Following the U.S. Supreme Court's ruling in Roper v. Simmons, which prohibited the death penalty for juveniles, the defendant was resentenced to life without parole.The trial court later resentenced the defendant under a new statutory scheme following the U.S. Supreme Court's decision in Miller v. Alabama, which prohibited mandatory life without parole for juveniles. The trial court considered mitigating factors and sentenced the defendant to two consecutive life without parole terms, finding him irreparably corrupt. The defendant appealed, arguing that his sentences violated the Eighth Amendment and the North Carolina Constitution.The North Carolina Court of Appeals affirmed the sentences, finding that the trial court properly considered all mitigating factors and that the sentences complied with both federal and state constitutional requirements. The court rejected the defendant's argument that his sentences were unconstitutional per se and found that the evidence supported the trial court's conclusion of irreparable corruption.The North Carolina Supreme Court reviewed the case and affirmed the Court of Appeals' decision. The court held that the state constitution's prohibition on cruel or unusual punishments does not provide broader protections than the Eighth Amendment. The court also found that the trial court's resentencing did not violate the principles established in State v. Kelliher. View "State v. Tirado" on Justia Law

In the early morning of December 2, 2016, Dwayne Garvey and April Holland were shot and killed at a Raleigh hotel. Surveillance footage showed two men, later identified as the defendant and Brandon Hill, entering the hotel and committing the murders. The defendant was arrested the next day, and text messages linked him to the crime. The defendant was indicted on two counts of first-degree murder, and the State sought the death penalty.A Wake County jury found the defendant guilty of both counts of first-degree murder, and he was sentenced to death on March 4, 2019. The defendant appealed, raising several issues, including the admission of Rule 404(b) evidence, jury instructions, and challenges during jury selection.The Supreme Court of North Carolina reviewed the case and addressed each issue raised by the defendant. The court found that the trial court did not err in admitting Rule 404(b) evidence of prior acts against other victims, as it was relevant to show a common scheme or plan. The court also found no error in the jury instructions or the challenges for cause during jury selection. The court concluded that the defendant received a fair trial free from error and affirmed the trial court's judgment and death sentence. View "State v. Gillard" on Justia Law

Restaurants in North Carolina were forced to suspend operations due to COVID-19-related government orders. Each restaurant had a commercial property insurance policy with Cincinnati Insurance Company, which covered business income from any "direct physical loss" to property. The dispute centered on whether the government orders constituted a "direct physical loss" under the policy.The Superior Court of Durham County sided with the restaurants, granting partial summary judgment in their favor, finding that the losses were covered under the policy. The Court of Appeals reversed this decision, interpreting the insurance contract to exclude such losses and remanded the case with instructions to enter summary judgment for the defendants.The Supreme Court of North Carolina reviewed the case and disagreed with the Court of Appeals. The court held that a reasonable policyholder could expect "direct physical loss" to include the effects of COVID-19 government orders that restricted the use of and access to the restaurants' physical property. The court noted that the policy did not exclude viruses and construed the ambiguity in favor of coverage. Consequently, the court reversed the judgment of the Court of Appeals and remanded the case for further proceedings consistent with its opinion. View "North State Deli, LLC v. Cincinnati Insurance Co." on Justia Law

A developer, Schooldev East, LLC, proposed to build a charter school in the Town of Wake Forest and applied for major subdivision and site plan permits. The proposed site was a 35-acre parcel within a larger tract of land. The developer's plans included constructing a multi-use path to provide pedestrian and bicycle access to nearby areas. The Town's planning board and board of commissioners (BOC) held hearings and ultimately denied the applications, citing non-compliance with the Town's Unified Development Ordinance (UDO) requirements for pedestrian and bicycle connectivity to surrounding residential areas.The Superior Court of Wake County affirmed the BOC's decision, concluding that the developer failed to demonstrate compliance with the UDO and that the Town's requirements were not preempted by state law. The Court of Appeals, in a divided decision, also affirmed the Superior Court's ruling, agreeing that the developer did not meet its burden of production to show entitlement to the permits.The Supreme Court of North Carolina reviewed the case and determined that the UDO provision in question was unclear regarding whether it required connectivity to all surrounding residential areas. The Court held that any ambiguity in land use ordinances should be resolved in favor of the free use of property. The Court concluded that the developer had presented competent, material, and substantial evidence of compliance with the UDO by proposing a multi-use path that provided access to a public park and a future residential subdivision. As no evidence was presented in opposition, the BOC had no basis to deny the applications. The Supreme Court reversed the decision of the Court of Appeals and remanded the case with instructions for the Town to approve the developer's applications. View "Schooldev East, LLC v. Town of Wake Forest" on Justia Law

Patricia Burnette Chastain was appointed as the clerk of superior court in Franklin County in May 2013 and was subsequently elected to the position in November 2013 and reelected in 2017. In July 2020, an attorney named Jeffrey Thompson filed an affidavit requesting an inquiry into Ms. Chastain's conduct, alleging various instances of misconduct, including distributing gift certificates to jurors, allowing a judicial candidate to address a jury, and acting unprofessionally with correctional officers, among other allegations.Judge John M. Dunlow initially suspended Ms. Chastain and set a hearing date. However, due to a conflict of interest, Judge Dunlow and another judge were recused, and Judge Thomas H. Lock was appointed to preside over the removal inquiry. After an evidentiary hearing, Judge Lock issued an order in October 2020 permanently removing Ms. Chastain from her position based on findings of willful misconduct. Ms. Chastain appealed, and the Court of Appeals vacated the order, holding that Judge Lock lacked authority under Article IV of the North Carolina Constitution to remove her and remanded the case for reconsideration under Article VI.The Supreme Court of North Carolina reviewed the case and held that Judge Lock had the authority to preside over the removal proceeding as a replacement for the recused senior regular resident superior court judge. The court also held that procedural due process requires that removal be based only on conduct identified in the initiating affidavit. Furthermore, the court clarified that the standard for removal under Article IV is "misconduct," not "willful misconduct." The Supreme Court vacated the Court of Appeals' decision and remanded the case for reconsideration of removal under the proper standards. The court also noted that discretionary review was improvidently allowed regarding the procedure for disqualification under Article VI. View "In re Chastain" on Justia Law