Appellate Court Opinions
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15,820 Appellate Court Opinions
State v. Nickens
Indictment; Motion to Dismiss; Trespass; Ineffective Assistance of Counsel.
Supreme Court Opinions Filed October 26, 2018
In re Chapman
Review of recommendation for thirty-day suspension without pay.
Meinck v. City of Gastonia
Negligence action for a slip and fall on City-owned premises leased to a nonprofit entity; summary judgment granted for defendant based on governmental immunity; whether ownership and maintenance of the building was a governmental or proprietary function.
State v. Arrington
Appeal from sentence imposed in conjunction with a plea agreement; whether the trial court erred in accepting defendant's stipulation to a previous second-degree murder conviction as a Class B1 offense; application of State v. Sanders and State v. Wingate to determine whether the stipulation was to a question of fact or a question of law.
State v. Bass
Whether, at defendant's trial for attempted murder and assault with a deadly weapon, the trial court committed prejudicial error by (1) declining to give certain jury instructions requested by defendant regarding 'no duty to retreat,' (2) denying a defense request to admit testimony from witnesses describing the victim's previous aggressive, violent acts towards others, and (3) denying defendant's motion for a continuance.
State v. Frederick
Motion to suppress evidence; whether the affidavit on which a warrant authorizing a search of defendant's property was based established probable cause to issue the warrant.
State v. Jones
Appeal from conviction for driving a motor vehicle while having an open container of alcohol in the passenger compartment; whether the citation identifying the offense was a sufficient criminal pleading, standing alone, to give the superior court jurisdiction over the offense.
State v. Maddux
Appeal from defendant's convictions for trafficking in and manufacturing methamphetamine; whether the trial court committed plain error in instructing the jury on aiding and abetting.
TD Bank, N.A. v. Eagles Crest at Sharp Top, LLC
Appeal from trial court's entry of summary judgment for plaintiff and subsequent order denying defendants' motion for reconsideration under Civil Procedure Rule 59; whether defendants' Rule 59 motion tolled the time period in Rule of Appellate Procedure 3(c) for filing an appeal from the summary judgment order; whether Rule 59 can provide relief from a summary judgment order or is limited to post-trial motions.
Court of Appeals Published Opinions Filed October 16, 2018
Brennan Station 1671, LP v. Borovsky
Constructive eviction; covenant of quiet enjoyment; lost profits damages; JNOV; required notice; failure to repair.
Cty. of Durham v. Burnette
civil contempt, present ability to pay; purge payments
Everett's Lake Corp. v. Dye
Real Property; Riparian Rights; Easements; Chain of Title
Hamlet H.M.A., LLC v. Hernandez
compromise verdict; damages; employment contract; learned profession exception
In re: D.A., A.A., L.A., L.A.
Termination of Parental Rights; no merit brief; N.C. Rules of Appellate Procedure
Mastanduno v. Nat'l Freight Indus.
Industrial Commission; workers compensation; privacy
State v. Bennett
jury selection, Batson motion, peremptory challenges; jury instruction
State v. Hairston
Preservation of Error; Appellate Rule 10; Timely Objection
State v. Hill
Sex Offenses; Statutory Rape; Second Degree Kidnapping; Indictment; Jury Instruction; Sentencing