Tag:N.C. Supreme Court

  • State Justices Uphold Tenure For Current Teachers

    In an April decision, the state’s highest court held that the General Assembly had violated the U.S. Constitution when it stripped teachers of tenure protection. The N.C. Supreme Court’s decision in large part was based on the state’s failure to show such a dramatic step was reasonable and necessary. In…

  • Court Rules in Radio Tower Case

    RALEIGH — In the United States, the federal government plays the primary role in setting aviation policy and ensuring air safety. In a recent ruling involving Rowan County, the state’s second highest court has held that local governments, too, have a role to play through zoning to protect the airspace…

  • Court Rules in Drug Test Case

    RALEIGH — Is a positive drug test, by itself, sufficient to convict someone of drug possession under N.C. law? The answer, according to the N.C. Supreme Court, is no. In reaching its decision, the court upheld an earlier ruling by the state’s second highest court, though for somewhat different reasons.

  • Court Rules County Violated Contract

    RALEIGH — The N.C. Supreme Court has ruled that Edgecombe County improperly threatened to withhold a special separation allowance from a recently retired sheriff’s deputy if he took a job as a part-time police officer at Raleigh-Durham International Airport.

  • Court Defines ‘Dangerous Weapon’

    RALEIGH — What is a “dangerous weapon?” Is the meaning the same in all cases where the phrase or something similar is used in North Carolina criminal law? Those question where among the issues at the heart of a recent N.C. Supreme Court decision.

  • Court Strengthens Parents’ Rights

    RALEIGH — In a recent ruling, the N.C. Supreme Court strengthened the right of parents to challenge court determinations that they neglected their children. In reaching its determination, the high court overruled an earlier decision by the N.C. Court of Appeals.

  • Right to Face Accuser Clarified

    RALEIGH — The Bill of Rights guarantees Americans a broad range of rights. This includes the right to face one’s accusers — as the Sixth Amendment of the U.S. Constitution states, “In all criminal prosecutions the accused shall enjoy the right … to be confronted with the witnesses against him.”…

  • Court Clarifies Whistleblower Act

    RALEIGH — N.C. law prohibits state agencies from firing employees for reporting governmental wrongdoing. In a ruling Aug. 19, the N.C. Supreme Court clarified the operation and protection of the state’s Whistleblower Act, finding that lower state courts had applied the provisions too narrowly. The case involved a state trooper…

  • Court Defines “Item of Evidence”

    RALEIGH — What is an ”item of evidence?” While seemingly a simple question, the answer is critical in determining whether criminals in North Carolina are eligible for longer sentences. To get a definitive answer required a ruling from the N.C Supreme Court. North Carolina law provides for three sentencing ranges…