Supreme Court of North Carolina, 2008

The court held that summary judgment was improper because the evidence, viewed in the light most favorable to the propounder, could allow a reasonable jury to find that the testator’s September will resulted from undue influence.

The Court affirmed dismissal of the assault charge under N.C.G.S. § 15A-954(a)(4), concluding that the State’s destruction of favorable, material evidence flagrantly violated due process and irreparably prejudiced the defense.

The Court held that dismissal is generally not the proper response to violations of nonjurisdictional appellate rules unless the violations are substantial or gross and dismissal is warranted under the applicable sanction framework.