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North Carolina

Supreme Court of North Carolina
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Montanino — Common knowledge proved SUV exceeded felony-larceny threshold

The Supreme Court upheld the conviction. It agreed that the instructions and verdict form, read together, did not probably change the verdict under North Carolina’s exacting plain-error standard. On value, the Court rejected a rigid direct-evidence rule: jurors may use common knowledge when property is so ubiquitous that an average juror can determine with high certainty that its value clears the statutory threshold. Evidence that the six-year-ol

Supreme Court of North Carolina
Uncategorized

Latta — Absconding breached plea agreement and barred withdrawal

The Supreme Court reversed. Applying contract principles to the plea bargain, it held that appearing for sentencing is an implicit condition of every plea agreement involving imprisonment. Latta breached that condition by fleeing and failing to appear, even if he had otherwise cooperated. Once he breached, the agreement no longer governed his sentence, so the different lawful sentence did not trigger G.S. 15A-1024’s plea-withdrawal right. The Cou

Supreme Court of North Carolina
Uncategorized

East Bay — Bankruptcy stay tolled judgment-renewal deadline

The Supreme Court unanimously reversed. G.S. 1-23 excludes from a limitations period the time during which an injunction or statutory prohibition stays commencement of an action, and the Bankruptcy Code’s automatic stay is exactly such a statutory prohibition. The 711-day stay therefore tolled the ten-year deadline, making East Bay’s renewal action timely. The Court also held that 11 U.S.C. § 108(c) recognizes longer suspension periods supplied b

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