Appellate Court Opinions
Search Case Summaries / Headnotes.
View PDF Volumes.
15,820 Appellate Court Opinions
State v. Irabor
Self-defense jury instruction; stand-your-ground jury instruction; no duty to retreat jury instruction; preservation of erroneous jury instruction; sufficiency of evidence to support self-defense jury instruction.
State v. Myers-McNeil
jurisdiction; driving while impaired judgment; certiorari; mission of traffic stop
Court of Appeals Published Opinions Filed November 6, 2018
Appalachian Materials, LLC v. Watauga Cty.
High impact land use ordinance; Statutory Construction; Plain meaning; Expressio unius est exclusio alterius canon of construction
Boone Ford, Inc. v. IME Scheduler, Inc.
Civil procedure; waiver; failure to move for directed verdict waived right to move for judgment notwithstanding the verdict (JNOV); failure to move for new trial under Rule 59 waived right to challenge allegedly inconsistent jury findings; directed verdict proper on negligent misrepresentation claim barred under economic loss rule
Carlton v. Burke Cty. Bd. of Educ.
Negligent infliction of emotional distress.
Chavez v. Carmichael
writ of habeas corpus; subject matter jurisdiction, mootness-public interest; immigration and customs enforcement detainer requests; 287(g) Agreement, 8 USC sec. 1357; Supremacy Clause, US Const. art VI, cl. 2; Immigration and Naturalization Clause, US Const. art. I, sec. 8, cl. 4.
NationStar Mortg. LLC v. Curry
Estate sale of real property, commissioner's deed, prior recorded deed of trust, party to special proceeding, receipt of notice, lien, proceeds of judicial sale.
PHG Asheville, LLC v. City of Asheville
Conditional use permit; prima facie showing; competent substantial material evidence; de novo review of question of law; expert testimony; quasi-judicial standards.
QUB Studios, LLC v. Marsh
Motion to reconsider; Motion for relief; Amended complaint; Relate back; Collateral attack; Motion to dismiss; Judgment on the pleadings; Request for written findings
Rouse v. Forsyth Cty. DSS
Administrative Procedure; Termination; Just Cause; Due Process; Findings of Fact; Conclusions of Law; Attorney's Fees; Back Pay
State v. Allen
ineffective assistance of counsel; insufficiency of appellate record
State v. Bennett
MAR. Padilla
State v. Booker
N.C. Gen. Stat. § 14-90; Embezzlement indictment; Motion to dismiss; Disjunctive jury instructions; Testimony concerning post-arrest silence; Plain error
State v. Buchanan
False Pretenses; Single Taking Rule; Jury Instructions; Double Jeopardy; Plain Error
State v. DeGraffenried
NCGS 15A-1230(a); trial by jury; improper closing arguments; trial court intervention ex mero motu; prejudice.
State v. Guy
testimonial statements; motion to dismiss and substantial evidence; ex mero motu intervention; acting in concert jury instruction; double jeopardy
State v. Jackson
motion to suppress; traffic stop; reasonable suspicion; probable cause; consent; inevitable discovery
State v. McNeil
Criminal law, felony sentencing, possession of drug paraphernalia, prior record level
State v. Mitchell
Motion to suppress evidence obtained from search of home; co-tenant consent to entry; motion to suppress in-court and out-of-court identification evidence