PER CURIAM. DISCRETIONARY REVIEW IMPROVIDENTLY ALLOWED.
PER CURIAM. Justice JACKSON took no part in the consideration or decision of this case. The remaining members of the Court are equally divided, with three members voting to affirm and three members voting to reverse the decision of the Court of Appeals. Accordingly, the decision of the Court of Appeals is left undisturbed and stands without precedential value. See, e.g., Hall v. Toreros II, Inc., 363 N.C. 114, 678 S.E.2d 656 (2009). AFFIRMED.
MARTIN, Justice. The North Carolina General Assembly enacted the Campus Police Act to provide police protection at "institutions of higher education" and to ensure "this protection is not denied to students, faculty, and staff at private, nonprofit institutions of higher education originally established by or affiliated with religious denominations." N.C.G.S. 74G-2 (2009). Under the authority of the Act, an officer of the Davidson College Campus Police arrested defendant for driving while...
PER CURIAM. For the reasons stated in the dissenting opinion, the decision of the Court of Appeals is reversed. Further, we conclude that the petition for discretionary review as to additional issues was improvidently allowed. This case is remanded to the Court of Appeals for further remand to the trial court for further proceedings not inconsistent with this opinion. REVERSED AND REMANDED; DISCRETIONARY REVIEW IMPROVIDENTLY ALLOWED. Justice JACKSON did not participate in the consideration...
PER CURIAM. We reverse the decision of the Court of Appeals for the reasons stated in the dissenting opinion. Further, we conclude that the petition for discretionary review as to additional issues was improvidently allowed. This case is remanded to the Court of Appeals for further remand to the trial court for further proceedings not inconsistent with this opinion. REVERSED AND REMANDED; DISCRETIONARY REVIEW IMPROVIDENTLY ALLOWED. Justice JACKSON did not participate in the consideration or...
JACKSON, Justice. Petitioners in this action are inmates who have been sentenced to death by lethal injection. Respondent is the North Carolina Council of State ("the Council"). Although the underlying substance of this case centers on the constitutionality of the State's method of execution, the narrow issue before us in this appeal is a procedural one: Is the Council's statutorily-mandated approval of an administrative agency's action subject to the requirements of the North Carolina...
TIMMONS-GOODSON, Justice. After two decades of marriage, William and Teresa Underwood divorced. Ten years later, Mr. Underwood asked the trial court to terminate his alimony obligation because his former wife was cohabitating with another man. We hold that the trial court did not err in terminating alimony payments pursuant to section 50-16.9(b) of our General Statutes. Accordingly, we reverse the Court of Appeals. I. Plaintiff William Underwood and defendant Teresa Underwood divorced in...
MARTIN, Justice. This case presents the question of whether partial summary judgment was properly granted on defendant's breach of contract counterclaim after an appraisal determined the amount of loss. Gervis Sadler (Sadler), along with his wife Evelyn, formerly lived in a house in Swan Quarter, North Carolina. The house was constructed in 1946 and has been modified over the years. Sadler insured the property through a limited-peril policy issued by North Carolina Farm Bureau Mutual...
NEWBY, Justice. In this case we must decide whether a professional membership association, one of its members, and an attorney hired by the association to represent that member established between them an attorney-client relationship. Recognizing its tripartite nature, we conclude this relationship is that of attorney and client such that certain communications within it are privileged. An in camera review by the trial court is the appropriate mechanism to be used for determining the...
TIMMONS-GOODSON, Justice. This is a case of first impression that requires us to decide whether the ballot access requirements of N.C.G.S. 163-96(a)(2) violate Article I, Section 12, 14, or 19 of the Constitution of North Carolina. We hold that N.C.G.S. 163-96(a)(2) is constitutional with respect to Article I, Sections 12, 14, and 19 and adopt the United States Supreme Court's analysis for determining the constitutionality of ballot access provisions. Accordingly, we modify and affirm...
PER CURIAM. In the Court of Appeals opinion below the majority concluded that plaintiff Judy Cardwell "was not on [her] employer's premises" when she slipped, fell, and broke her wrist yet also stated that the Industrial Commission "made no findings about employer's right to control or duty to maintain" the cement area outside the back door of defendant-employer's premises, where plaintiff testified she fell. Cardwell v. Jenkins Cleaners, Inc., ___ N.C.App. ___, ___, 698 S.E.2d 131 , 135 (...
PER CURIAM. Justice JACKSON took no part in the consideration or decision of this case. The remaining members of the Court are equally divided, with three members voting to affirm and three members voting to reverse the order of the superior court. Accordingly, the order of the superior court is affirmed. See, e.g., State v. Greene, 298 N.C. 268 , 258 S.E.2d 71 (1979); State v. Johnson, 286 N.C. 331 , 210 S.E.2d 260 (1974). AFFIRMED.
PER CURIAM. DISCRETIONARY REVIEW IMPROVIDENTLY ALLOWED. Justice JACKSON did not participate in the consideration or decision of this case.
The following order has been entered on the motion filed on the 3rd of August 2010 by the National Association of Manufacturers, Chamber of Commerce of the United States of America, American Tort Reform Association, and Property Casualty Insurers Association of America to Admit Mark A. Behrens Pro Hac Vice: "Motion Dismissed by order of the Court in conference, this the 10th of March 2011."
The following order has been entered on the motion filed on the 3rd of August 2010 by the National Association of Manufacturers, Chamber of Commerce of the United States of America, American Tort Reform Association, and Property Casualty Insurers Association of America to Admit Cary Silverman Pro Hac Vice: "Motion Dismissed by order of the Court in conference, this the 10th of March 2011."
The following order has been entered on the motion filed on the 6th of August 2010 by Product Liability Advisory Council for Leave to File Amicus Curiae Brief: "Motion Dismissed without prejudice to refile pursuant to 28(i). By order of the Court in conference, this the 3rd of February 2011."
The following order has been entered on the motion filed on the 5th of August 2010 by N.C. Association of Defense Attorneys, etal. for Leave to File Amici Curiae Brief: "Motion Dismissed without prejudice to refile pursuant to 28(i). By order of the Court in conference, this the 3rd of February 2011."
The following order has been entered on the motion filed on the 7th of January 2011 by Amicus (N.C. Institute for Constitutional Law) for Leave to Withdraw as Counsel: "Motion Allowed by order of the Court in conference this the 12th of January 2011."
The following order has been entered on the motion filed on the 27th of October 2011 by Plaintiff-Appellee to Dismiss Appeal: "Motion Allowed by order of the Court in conference, this the 8th of December 2011."
