Defendant Marilyn Miller appeals from a judgment (1) ordering reformation of a deed executed by defendant and plaintiff Nelson W. Taylor, III to include a lot omitted from the original deed based on the doctrine of mutual mistake and (2) transferring defendant's interest in the lot to plaintiff. We hold that the trial court's findings of fact in support of this judgment are supported by competent evidence. As for the statute of limitations defense, however, the trial court failed to make...  

Defendant Geraldine Lewis Ramos appeals from her conviction of damaging a computer or computer network in violation of N.C. Gen. Stat. § 14-455(a) (2007). In order to obtain a conviction under that statute, the State must prove the defendant acted "willfully." We agree with defendant that the trial court erred by failing to instruct the jury that it was required to determine whether defendant deleted files on the computer willfully. Because there is a reasonable possibility that...  

Defendant North Carolina Department of Transportation ("DOT") appeals from the Industrial Commission's decision and order awarding plaintiff Randy Lee Barnard, Sr. $500,000.00 in damages based on its conclusion that DOT's employee, Robert Wayne Corey, negligently injured Barnard, and Barnard was not contributorily negligent. Although DOT contends that the evidence relied upon by the Commission was unreliable and incompetent, we hold that the record contains competent evidence supporting...  

Paul Nebenzahl (Respondent) was diagnosed with Alzheimer's disease in 2003. At the time of Respondent's diagnosis, he resided with his wife, Judith Hirsch Nebenzahl (Petitioner), in San Francisco, California. Petitioner moved with Respondent to Greensboro, North Carolina in June 2006. Approximately four months later, Petitioner placed Respondent in the Brighton Gardens Assisted Living facility (Brighton Gardens) in Greensboro, North Carolina. Respondent was moved from Brighton Gardens to New...  

Where the trial court was unable to determine whether the diminution in value of a corporation was due to the actions of defendant or to forces beyond his control, the trial court erred in treating the diminution in value as non-divisible property and considering it as a distributional factor. Where the parties entered into a consent order distributing certain marital assets, the trial court did not err in using the valuation set by the parties in the consent order in its final equitable...  

Jack Meredith Martin (Defendant) was arrested on 28 May 2005 and charged with one count of first-degree murder for the shooting and killing of Lehi Moore (Moore), and two counts of attempted first-degree murder for the shootings of Phillip Chiasson (Chiasson) and Philip Salks (Salks). Defendant was indicted on these charges on 26 September 2005. Defendant represented himself at trial with the assistance of standby counsel. Defendant was tried on all three charges at the 4 June 2007 Criminal...  

FACTS... In 2002, Fayette Place LLC ("Fayette Place"), a North Carolina limited liability company, was organized for the purpose of redeveloping the Fayetteville Street public housing project ("the property") as an Affordable Housing Community. Fayette Place was formed as a joint venture between Development Ventures, Inc. ("DVI"), which owned 99% of the newly formed company, and Creative Housing Development Strategies, Inc. ("CHD"), which owned 1% of the newly...  

When the uncontroverted evidence showed that there was an unobstructed view to vehicles at a railroad crossing of between 1500 and 4026 feet, defendants had no duty to erect gates or mechanical warnings at the crossing. The trial court's granting of defendants' motion for summary judgment is affirmed... I. Factual and Procedural Background... "This action arises out of a collision between an Amtrak train and a motor vehicle at a railroad grade crossing located off of Hillsborough Street...  

Terry Dean Corry ("defendant") appeals from final judgments entered against him in Gaston County Superior Court in accordance with jury verdicts finding him guilty of: (1) robbery with a dangerous weapon, (2) assault with a deadly weapon with intent to kill inflicting serious injury, (3) possession of a firearm by a felon, and (4) second degree trespass. Defendant received three consecutive sentences. He received active terms of 116-169 months imprisonment for assault with a deadly...  

Alvin Silver and Glendora Silver (collectively "defendants") appeal from the grant of summary judgment in favor of Oliphant Financial Corporation ("plaintiff")... The relevant facts and procedural history are as follows: On 21 September 1995, defendants applied for and received an extension of credit in the amount of $11,780.00 from Household Bank, N.A. ("Household Bank") to finance the purchase of vinyl siding from American Remodeling, Inc. ("American...  

Plaintiff Kor Xiong appeals from the judgment dismissing his complaint with prejudice pursuant to a jury verdict on 7 September 2007 and from the order denying a new trial entered 18 September 2007. On appeal, plaintiff argues that the trial court erred by: (1) "improperly forc[ing] plaintiff to choose between excluding relevant evidence regarding his injury or letting in irrelevant evidence that no other person reported injury as a result of the wreck[;]" (2) "improperly refus[ing]...  

Plaintiff John Robinson appeals from an Opinion and Award entered by the North Carolina Industrial Commission (Commission) which denied plaintiff workers' compensation benefits for a purported compensable injury. For the reasons stated below, we affirm the Commission's Opinion and Award... Standard of Review... The sole issue on appeal is whether the Commission erred in finding and concluding that plaintiff did not sustain a compensable injury by accident on 6 December 2004 while employed by...  

Duncan Ray Bynum ("defendant") appeals a judgment entered upon a jury verdict finding him guilty of sexual battery. Defendant appeals the introduction of witness testimony regarding the consistency of statements made by the victim. We find no error... At defendant's first trial in Mecklenburg County District Court the judge found him guilty of sexual battery and sentenced him to 150 days in the custody of the Sheriff. His sentence was suspended and he was placed on supervised probation...  

Carroll Douglas Smith (Plaintiff) and Melissa Bernard Smith (Defendant) were married on 5 November 1989. Plaintiff and Defendant separated on or about 7 February 2004 and were divorced on 25 May 2005. Plaintiff filed a complaint on 12 March 2004 seeking an equitable distribution of marital and divisible property pursuant to N.C. Gen. Stat. § 50-20. Defendant filed an answer and counterclaim to Plaintiff's complaint on 30 April 2004, also requesting an equitable distribution. A hearing was...  

Gary Scott Wolfe (Defendant) was convicted of felony larceny, obtaining property by false pretenses, and of being an habitual felon on 31 May 2007. The trial court arrested judgment on the charge of obtaining property by false pretenses and sentenced Defendant to a term of 121 months to 155 months in prison on the charges of felony larceny and being an habitual felon... At trial, Brian Heid (Heid) testified for the State that in August 2006 he was employed as a developmental club manager for...  

Plaintiff Bonnie Wood Snow and Defendant Roger Finis Snow separated in August 2004. Plaintiff filed a civil action on 8 September 2004 seeking, inter alia, alimony and equitable distribution of marital property with an unequal distribution in her favor. Defendant filed an Answer and Counterclaim on 18 November 2004 seeking, inter alia, an unequal distribution of marital property in his favor. An Alimony Order was entered 26 September 2007 and a Judgment of Equitable Distribution was entered 2...  

On 24 May 2007, Thomas Nathan Lee ("defendant") entered a negotiated plea of no contest to first degree rape, two counts of second degree rape, first degree kidnapping, two counts of assault by strangulation, larceny of a motor vehicle, and first degree burglary... In determining defendant's prior record level, the sentencing judge allocated points for prior convictions, including a New Jersey conviction of possession of a controlled substance on school property. The judge concluded...  

This case arises out of a construction contract dated 16 August 2005, which contained an arbitration clause. After a dispute over Omni Homes, Inc. and Stephen McCarthy's ("defendants") quality of workmanship and expenditures, Gary and Charlene Linsenmayer ("plaintiffs") filed a Complaint in Gaston County Superior Court on 1 September 2006. On 21 September 2006, Stephen McCarthy, acting pro se for defendants, answered the complaint and filed a counter suit against plaintiffs. Mr....  

Defendant Michael Ray Webb appeals from his convictions of two counts of first-degree sexual offense with a child. Defendant argues the trial court (1) conducted an inadequate inquiry before granting Defendant's request to represent himself, (2) erred in admitting evidence that Defendant exercised his right to remain silent, (3) failed to inquire into three possible instances of juror misconduct, and (4) erred in denying the jury's request to review certain portions of the transcript. We...  

Defendant, Michael Anthony Washington, was indicted in case number 05 CRS 58609 for simple possession of marijuana, possession of drug paraphernalia, and unlawfully resisting, obstructing, or delaying a public officer. In case number 05 CRS 58611, he was indicted for felony possession of cocaine, driving while license revoked, and for being a habitual felon. Defendant filed a motion to suppress the evidence obtained by the arresting officer on the grounds that the officer did not lawfully...