Appellate Court Opinions
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2,698 Appellate Court Opinions
Holt v. NCDOT
Action under the State Tort Claims Act to recover for wrongful deaths resulting from a motor vehicle collision at an intersection; appeal from Industrial Commission's decision and order awarding damages to decedents' estates; whether DOT's failure to install a traffic signal at the intersection was a proximate cause of the wreck; whether the intentional acts of the drivers of two speeding vehicles that directly caused the collision insulated DOT from liability.
In re C.L.S.
Whether the trial court's findings of fact supported its conclusions of law that respondent-father's parental rights should be terminated under N.C.G.S. § 7B-1111(a)(1), (a)(2), and (a)(5).
State v. Anderson
Appeal from conviction for common law obstruction of justice, as elevated to a felony under N.C.G.S. § 14-3(b); whether the trial court erred in denying defendant's motion to dismiss based on insufficient evidence.
State v. Collins
Whether the Court of Appeals majority erred in affirming the trial court's denial of defendant's motion to suppress evidence obtained via a strip search.
State v. Nkiam
Whether a noncitizen who pleaded guilty to a deportable crime but claimed that he was not correctly advised by counsel of the immigration consequences of his plea should be allowed to withdraw it; application of U.S. Supreme Court's decision in Padilla v. Kentucky.
Supreme Court Opinions Filed August 19, 2016
Duke Energy Carolinas, LLC v. Gray
Whether the six-year statute of limitations on lawsuits alleging injury to incorporeal hereditaments barred plaintiff's action to enforce its easement rights against an alleged encroachment by defendant.
E. Carolina Reg'l Hous. Auth. v. Lofton
In applying federal housing and case law, whether a public housing authority must exercise discretion in pursuing eviction of tenant for a lease violation; whether proof that eviction is not unconscionable is required in a summary ejectment proceeding under North Carolina law.
Quality Built Homes Inc. v. Town of Carthage
Whether Town of Carthage has municipal authority to charge impact fees on landowners for future water and sewer system expansion when an owner subdivides its property.
State v. Thomsen
Whether the Court of Appeals has subject matter jurisdiction to issue a writ of certiorari to review a trial court's order granting defendant appropriate relief on the trial court's own motion.
Supreme Court Opinions Filed June 10, 2016
Herndon v. Herndon
Whether, at a hearing on plaintiff's complaint and motion for issuance of a domestic violence protective order, the trial court violated defendant's Fifth Amendment rights against self-incrimination.
In re D.L.W.
Termination of parental rights; whether the trial court's findings of fact supported its conclusions of law that respondent-mother's parental rights should be terminated under N.C.G.S. 7B-1111(a)(1) and (a)(2).
Kirby v. NCDOT
Whether the improvement, development, and subdivision restrictions imposed on plaintiffs' property under the Map Act, by which NCDOT identifies corridors that may be used for possible future transportation projects, amount to a taking by eminent domain.
Morris v. Scenera Research LLC
Action under N.C. Wage & Hour Act for payment of patent bonuses to former employee; whether employee was entitled to elect to rescind certain patent assignments in lieu of damages awarded by a jury and the trial court.
State v. Bishop
Constitutionality of N.C.G.S. 14-458.1(a)(1)(d), prohibiting cyber-bullying.
State v. Hammonds
When defendant was questioned by police while he was involuntarily committed, whether he was in custody and required to receive Miranda warnings; whether defendant's statements were made voluntarily.
State v. McGrady
Whether the trial court abused its discretion by excluding expert witness testimony offered by defendant, pursuant to amended Rule of Evidence 702(a).
Thomas Jefferson Classical Acad. Charter Sch. v. Cleveland Cty. Bd. of Educ.
Whether a local school board is required to share certain program funds received from the federal government with public charter schools that enroll students who live in that same school administrative unit.