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| In re A.K., No. 139PA05,
SUPREME COURT OF NORTH CAROLINA, May 5, 2006, Filed
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Overview: Although a father regained full custody of his child, since there were collateral legal consequences that could arise from a neglect adjudication, such as a determination of whether another child was neglected, the appeal from the adjudication of neglect should not have been dismissed as moot.
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| In re As.L.G., No. 624PA05,
SUPREME COURT OF NORTH CAROLINA, May 5, 2006, Filed
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| In re C.L.C., No. 467A05,
SUPREME COURT OF NORTH CAROLINA, May 5, 2006, Filed
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| Lewis v. Beachview Exxon Serv., No. 645A05,
SUPREME COURT OF NORTH CAROLINA, May 5, 2006, Filed
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| Myers v. McGrady, No. 391A04-2,
SUPREME COURT OF NORTH CAROLINA, May 5, 2006, Filed
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Overview: Denial of motion to dismiss was reversed as public duty doctrine applied to negligence claims filed under North Carolina Tort Claims Act, N.C. Gen. Stat. § 143-291 et seq., against North Carolina Department of Environment and Natural Resources (NCDENR) for handling of forest fire. NCDENR did not owe specific duty to administratrix or defendants.
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| Osetek v. Jeremiah, No. 687A05,
SUPREME COURT OF NORTH CAROLINA, May 5, 2006, Filed
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| Property Rights Advocacy Group v. Town of Long Beach, No. 559A05,
SUPREME COURT OF NORTH CAROLINA, May 5, 2006, Filed
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| State v. Elliott, No. 184A04,
SUPREME COURT OF NORTH CAROLINA, May 5, 2006, Filed
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Overview: No misconduct existed when jurors prayed together outside jury room; defendant did not show that they discussed case and thus did not show his asserted ground for relief or any prejudice, and his motion for appropriate relief, consistent with N.C. Gen. Stat. § 15A-1420(c)(6), was correctly denied. Judge did not wrongly increase peremptory charges.
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| State v. Forte, No. 20A04,
SUPREME COURT OF NORTH CAROLINA, May 5, 2006, Filed
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Overview: Admitting reports of DNA test results without testimony from person who made them was not error; they were admissible business records under N.C. Gen. Stat. § 8C-1, N.C. R. Evid. 803(6) as they were neutral, not testimonial, and not prepared for trial. They were also admissible public records under N.C. Gen. Stat. § 8C-1, N.C. R. Evid. 803(8).
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