Wilson factors in North Carolina

2022These three factors “correspond to the ‘who,’ ‘where,’ and ‘when’ of a lawful suspicionless seizure incident to the execution of a search warrant.” Id. at 924 , 821 S.E.2d at 815 . ¶ 30 Only two of the Wilson factors are at issue in the present case: whether defendant was an occupant of the 8450 residence as defined by this Court’s precedent in Wilson and whether defendant was within the immediate vicinity of the area to be searched. ¶ 31 Determining whether an individual is an occupant and whether that individual is within the immediate vicinity necessarily involves many of the same considera

2022These three factors “correspond to the ‘who,’ ‘where,’ and ‘when’ of a lawful suspicionless seizure incident to the execution of a search warrant.” Id. at 924 , 821 S.E.2d at 815 . ¶ 30 Only two of the Wilson factors are at issue in the present case: whether defendant was an occupant of the 8450 residence as defined by this Court’s precedent in Wilson and whether defendant was within the immediate vicinity of the area to be searched. ¶ 31 Determining whether an individual is an occupant and whether that individual is within the immediate vicinity necessarily involves many of the same considera

1986This Court held in Jenkins v. Wheeler, 69 N.C.

1985While the matter was pending on appeal (Jenkins v. Wheeler, 69 N.C.

2016Id. at 14–15, 472 S.E.2d at 365–66. {54} In reaching this result, the court of appeals, recited the well-settled rule in North Carolina that a party injured in an automobile accident is an intended third-party beneficiary of the tortfeasor’s automobile insurance policy, which is issued with the express contemplation that the mandatory liability insurance coverage inures to the benefit of other motorists.

2016Id. at 14–15, 472 S.E.2d at 365–66. {54} In reaching this result, the court of appeals, recited the well-settled rule in North Carolina that a party injured in an automobile accident is an intended third-party beneficiary of the tortfeasor’s automobile insurance policy, which is issued with the express contemplation that the mandatory liability insurance coverage inures to the benefit of other motorists.

2016Id. at 541 , 640 S.E.2d at 401 .

2016Id. at 541 , 640 S.E.2d at 401 .

1999Id. at 141 , 187 S.E.2d at 753 .

1999Id. at 141 , 187 S.E.2d at 753 .

1989App. 363 , 325 S.E. 2d 4 (1985), this Court held that the trial court committed no error in granting defendant Nationwide’s motion to dismiss after plaintiff had appealed from an order granting defendant Wilson’s motion to dismiss.

1958On Kennedy’s claim for contribution he was, as to Wilson, a plaintiff, Nor ris v. Johnson, 246 N.C. 179 , 97 S.E. 2d 773 ,. and as such is entitled to have the evidence in support of his claim viewed in the light accorded plaintiffs in passing on motions to nonsuit.

1958On Kennedy’s claim for contribution he was, as to Wilson, a plaintiff, Nor ris v. Johnson, 246 N.C. 179 , 97 S.E. 2d 773 ,. and as such is entitled to have the evidence in support of his claim viewed in the light accorded plaintiffs in passing on motions to nonsuit.