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   State Courts - North Carolina - May 4, 2007

  
Estate of Nelson v. Nelson, No. 508A06, SUPREME COURT OF NORTH CAROLINA, May 4, 2007, Filed
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Harris v. Matthews, No. 479PA05-2, SUPREME COURT OF NORTH CAROLINA, May 4, 2007, Filed
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Overview: Appellate court erred in dismissing pastor's appeal of order that denied his motion to dismiss lawsuit that alleged he and others were involved in diverting church funds; because no neutral principles of law existed to resolve lawsuit, courts had to defer to the church's internal governing body to avoid becoming impermissibly entangled in dispute.

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In re A.P., No. 534A06, SUPREME COURT OF NORTH CAROLINA, May 4, 2007, Filed
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In re C.B., No. 586A06, SUPREME COURT OF NORTH CAROLINA, May 4, 2007, Filed
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In re Inquiry Concerning a Judge (Ballance), No. 117A07, SUPREME COURT OF NORTH CAROLINA, May 4, 2007, Filed
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Overview: Judge was removed from office pursuant to, inter alia, N.C. Code Jud. Conduct 1 based on his guilty plea to failure to file federal income tax returns because this conviction involved moral turpitude and conduct prejudicial to administration of justice that brought the judicial office into disrepute.

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In re J.T.W., No. 477A06, SUPREME COURT OF NORTH CAROLINA, May 4, 2007, Filed
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Overview: Mother's parental rights were properly terminated as findings that the mother changed employment every couple of months and had transportation problems that contributed to her employment issues and difficulties in visitation with all of her children supported a determination that the child at issue was neglected under N.C. Gen. Stat. § 7B-101.

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In re R.L.C., No. 531A06, SUPREME COURT OF NORTH CAROLINA, May 4, 2007, Filed
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Overview: Because the crime against nature statute, N.C. Gen. Stat. § 14-177, did not run afoul of the Due Process Clause of the Fourteenth Amendment to the United States Constitution and the fact that appellant, a juvenile was 14 and the girl was 12 did not exempt appellant from the statute, he was properly adjudicated delinquent.

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Printing Servs. of Greensboro, Inc. v. Am. Capital Group, Inc., No. 599A06, SUPREME COURT OF NORTH CAROLINA, May 4, 2007, Filed
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State v. Agnew, No. 388PA06, SUPREME COURT OF NORTH CAROLINA, May 4, 2007, Filed
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Overview: Denial of motion to withdraw guilty plea was reversed because there was no factual basis for plea, as required by N.C. Gen. Stat. § 15A-1022(c); transcript of plea, defense counsel's stipulation to factual basis, and indictment taken together did not contain enough information for an independent judicial determination of defendant's actual guilt.

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State v. Badgett, No. 522A04, SUPREME COURT OF NORTH CAROLINA, May 4, 2007, Filed
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Overview: Evidence of prior crime was admissible as it satisfied similarity and temporal requirements of N.C. Gen. Stat. § 8C-1, N.C. R. Evid. 404(b); both crimes involved fatal stab wound to unarmed victim's neck with folding pocketknife. Instruction on mental or emotional disturbance as mitigating factor was not required as no evidence of such was offered.

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