Justia North Carolina Supreme Court Opinion Summaries

The Supreme Court affirmed the order of the trial court terminating Father's parental rights to his two minor children, holding that Father missed his opportunity to remedy a violation of N.C. Gen. Stat. 7B-1109.On appeal, Father argued that the trial court violated section 7B-1109 by holding the termination hearing more than ninety days after the Department of Social Services filed its petitions to terminate his parental rights, thus committing reversible error. The Supreme Court affirmed the termination order, holding that the issue raised by Father on appeal should have been addressed by filing a petition for writ of mandamus while the termination petitions were still pending. View "In re C.R.L." on Justia Law

The Supreme Court affirmed the order of the trial court terminating Mother's parental rights to her minor child, holding that the trial court properly adjudicated at least one ground for termination.The Rowan County Department of Social Services (DSS) filed a petition seeking to terminate Mother's parental rights on the grounds of neglect and willfully leaving her child in a placement outside the home for more than twelve months without making reasonable progress toward correcting the conditions that led to his removal. After a hearing, the trial court entered an order terminating Mother's parental rights, concluding that DSS had proven both alleged grounds for termination and that termination was in the child's best interests. The Supreme Court affirmed, holding that the trial court properly determined that Mother's parental rights could be terminated based on neglect. View "In re B.T.J." on Justia Law

The Supreme Court affirmed the judgment of the court of appeals affirming the order of the trial court ordering Defendant to register as a sex offender under N.C. Gen. Stat. 14-202(l), holding that the evidentiary facts supported the trial court's ultimate fact that Defendant was a danger to the community.Defendant pled guilty to secret peeping pursuant to N.C. Gen. Stat. 14-202(d). The trial court placed Defendant on supervised probation and ordered him to register as a sex offender. The court of appeals affirmed the trial court's order requiring Defendant to rester as a sex offender, concluding that the trial court's finding that Defendant was a "danger to the community" was supported by competent evidence. The Supreme Court affirmed, holding that the court of appeals did not err in affirming the trial court's order requiring Defendant to register as a sex offender based on the finding that he was a danger to the community. View "State v. Fuller" on Justia Law

The Supreme Court reversed the decision of the court of appeals affirming the order of the trial court allowing immediate possession of Defendant's apartment to the Raleigh Housing Authority (RHA), holding that the notice of lease termination failed to provide Defendant with the factors necessary for her to be on notice of RHA's justification for the termination of her lease.RHA filed a complaint in summary ejectment alleging that Defendant, a tenant of public housing, was holding over at the end of the lease. Defendant raised as a defense that the notice of lease termination did not state with specificity her alleged "inappropriate conduct." The trial court entered an order allowing immediate possession of the apartment to RHA. The court of appeals affirmed. The Supreme Court reversed, holding that RHA's notice of lease termination failed to provide Defendant with the factors necessary for her to be on notice of RHA's justification for the lease termination, in violation of 24 C.F.R. 966.4(l)(3)(ii). View "Raleigh Housing Authority v. Winston" on Justia Law

The Supreme Court affirmed the order of the trial court terminating Mother's parental rights to her daughter, Nancy, holding that the trial court properly exercised subject matter jurisdiction concerning Nancy under the plain language of the Juvenile Code.On appeal, Mother argued that the trial court lacked subject matter jurisdiction because neither Mother, Nancy, nor Father were residents of North Carolina and because any temporary emergency jurisdiction the trial court may have obtained had expired prior to the time the termination of parental rights petition was filed. The Supreme Court affirmed, holding that the trial court had exclusive, original jurisdiction over this case pursuant to the Uniform Child-Custody Jurisdiction and Enforcement Act and N.C. Gen. Stat. 7B-1101. View "In re N.P." on Justia Law

The Supreme Court affirmed the decision of the court of appeals vacating Defendants' convictions of second-degree murder and ordering a new trial, holding that the trial court committed prejudicial error in excluding evidence that was highly relevant as to Defendants' self-defense claims.Defendants, Thomas Martens and his daughter, Molly Corbett, were found guilty of murdering Molly's husband, Jason Corbett. During trial, Defendants maintained that they had lawfully used deadly force to defend themselves while under a reasonable apprehension that they were facing an imminent threat of deadly harm during an interaction initiated by Jason. The Supreme Court remanded the case to the trial court for a new trial, holding that the trial court erroneously excluded certain evidence, thus depriving Defendants of their ability to present a full and meaningful defense. View "State v. Corbett" on Justia Law

The Supreme Court reversed in part and vacated in part the order of the trial court terminating Father's parental rights in his minor child, holding that the trial court erred by determining that Father's parental rights in his child were subject to termination.The trial court terminated Father's parental rights in his child, finding that grounds for termination existed under N.C. Gen. Stat. 7B-1111(a)(1) and (7). Father appealed, challenging the trial court's determination that grounds for terminating his parental rights existed. The Supreme Court reversed the trial court's order in part and vacated it in part, holding (1) the trial court's determination that Father's parental rights were subject to termination on the basis of abandonment and neglect by abandonment lacked sufficient support; and (2) the trial court's determination that Father's parental rights were subject to termination on the basis of prior neglect and the likelihood of a repetition of neglect was based on a misapplication of the applicable law. View "In re Z.J.W." on Justia Law

The Supreme Court affirmed the decision of the court of appeals affirming Defendant's conviction for felonious obstruction of justice, holding that the record contained sufficient evidence that Defendant acted with deceit and intent to defraud to support her conviction.Defendant's daughter had been sexually abused by Defendant's husband. Defendant's conviction arose from her actions in interfering with the ability of social workers and law enforcement officers to have access to her daughter. Defendant appealed, arguing that the evidence was insufficient to support her conviction. The court of appeals upheld the conviction. The Supreme Court affirmed, holding that the record evidence provided sufficient support for a jury to find that Defendant precluded investigating officials from accessing her daughter with deceit and the intent to defraud. View "State v. Ditenhafer" on Justia Law

In this appeal arising from a dispute concerning the parties' respective membership interests in three related LLCs the Supreme Court affirmed in part and reversed in part the judgment of the trial court, holding that none of Defendants' challenges to the trial court's judgment and related orders had merit and that, with one exception, the same was true of Plaintiff's challenges to the judgment and orders.Plaintiff filed a complaint alleging claims for conversion, unfair and deceptive trade practices, unjust enrichment, a declaration that he continued to own interests in each of the LLCs and a claim seeking judicial dissolution of the LLCs. The trial court entered judgment in favor of Plaintiff as to certain claims and in favor of Defendants as to other claims. The parties cross-appealed. The Supreme Court affirmed, holding (1) the trial court erred in deciding to direct a verdict in favor of Defendants with respect to Plaintiff's claims related to Carolina Coast Holdings, LLC; and (2) the remaining claims on appeal were without merit. View "Chisum v. Campagna" on Justia Law

The Supreme Court reversed the decision of the court of appeals reversing the trial court's grant of summary judgment for the City of Concord and dismissing Plaintiffs' claims of illegal fees, holding that the language of a series of local acts unambiguously granted the City of Concord the authority to levy water and wastewater connection fees against Plaintiffs for services to be furnished.In 2004, Concord adopted an ordinance requiring residential subdivision developers to pay fees for water and wastewater service before a subdivision plat would be accepted for recording. In 2016, the ordinance was updated so that the fees were due at the time of acquiring a permit. Plaintiffs, developers who paid water and wastewater connection fees to the City, brought this action seeking a declaratory judgment that the fees were ultra vires because the City could not collect fees prior to furnishing sewer and water services to Plaintiffs' subdivisions. The trial court granted summary judgment for the City. The court of appeals reversed. The Supreme Court reversed, holding that there was no genuine issue as to any material fact with respect to the City's legislative authority to charge fees for services "to be furnished" by the City. View "JVC Enterprises, LLC v. City of Concord" on Justia Law