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| ACLU of N.C., Inc. v. State, NO. COA06-62,
COURT OF APPEALS OF NORTH CAROLINA, January 16, 2007, Filed
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Overview: A superior court erred in dismissing a complaint challenging N.C. Gen. Stat. § 11-2 for lack of a justiciable controversy where an individual brought a declaratory judgment after her request to swear on the Quran was denied and an organization had sued after its Jewish members exhibited their intent to serve as jurors or witnesses if called.
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| In re L.T.R., NO. COA06-296,
COURT OF APPEALS OF NORTH CAROLINA, January 16, 2007, Filed
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Overview: Adjudications of abuse and neglect were supported by evidence that, inter alia, mother "thumped" the five-year-old in the face hard enough to leave a finger-shaped bruise, respondents attempted to convince the four-year-old child to lie, and the mother admitted that she left the younger child alone in the bathtub every night for 20 to 30 minutes.
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| Jenkins v. Onslow, NO. COA06-23,
COURT OF APPEALS OF NORTH CAROLINA, January 16, 2007, Filed
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| Jones v. Garcia, NO. COA06-459,
COURT OF APPEALS OF NORTH CAROLINA, January 16, 2007, Filed
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| Masood v. Erwin Oil Co., NO. COA06-322,
COURT OF APPEALS OF NORTH CAROLINA, January 16, 2007, Filed
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Overview: A wholesaler that leased a gas station to a workers' compensation claimant's employer was a statutory employer under N.C. Gen. Stat. § 97-19. In the agreements between the wholesaler and the employer and the wholesaler and an oil company lay a contract for the employer to perform work the wholesaler was required to do, selling gas to the public.
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| N.C. Farm Bureau Mut. Ins. Co. v. Armwood, NO. COA06-176,
COURT OF APPEALS OF NORTH CAROLINA, January 16, 2007, Filed
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Overview: Superior court properly granted summary judgment in favor of the parents of an injured child to the extent that the court reformed an insurance policy to include the amount of minimum coverage required by N.C. Gen. Stat. § 20-309(a1) because the provisions of the statute were read into every insurance policy as a matter of law.
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| State v. Clemmons, NO. COA05-1643,
COURT OF APPEALS OF NORTH CAROLINA, January 16, 2007, Filed
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Overview: Defendant's first degree felony-murder conviction was affirmed because defendant, under N.C. Gen. Stat. § 15A-1214, could not show that he was forced to seat a juror whom he did not want due to the exhaustion of his peremptory challenges. Further, the issue of whether character evidence was improperly excluded was not properly preserved for review.
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| State v. McQueen, NO. COA06-203,
COURT OF APPEALS OF NORTH CAROLINA, January 16, 2007, Filed
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Overview: Defendant's sentence for DWI under N.C. Gen. Stat. § 20-179(o) was affirmed as error of not submitting aggravating factors to jury so that they could be found beyond reasonable doubt was harmless since overwhelming testimony was that defendant totaled victim's car and that passenger was bleeding from face and was treated at emergency room.
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| State v. Sanders, NO. COA06-91,
COURT OF APPEALS OF NORTH CAROLINA, January 16, 2007, Filed
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