Appellate Court Opinions
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15,820 Appellate Court Opinions
N.C. State Bd. of Educ. v. State
Whether the statutory requirement that all administrative rules proposed by the State Board of Education first be reviewed and approved by the N.C. Rules Review Commission violates the separation of powers; construction of the Board's powers under Article IX, Section 5 of the N.C. Constitution in relation to N.C.G.S. Chapter 150B, the Administrative Procedure Act.
N.C. State Bd. of Educ. v. State
Whether Article IX of the N.C. Constitution prohibits the General Assembly from transferring certain powers and duties of the State Board of Education to the State Superintendent of Public Instruction.
State v. Clonts
Appeal from conviction for assault with a deadly weapon with intent to kill inflicting serious injury; whether, by admitting deposition testimony by an essential witness in lieu of her live testimony at trial, the trial court violated Rule of Evidence 804 and defendant's constitutional Confrontation Clause rights; whether the Court of Appeals erred in granting defendant a new trial.
State v. Ledbetter
Appeal from decision of the Court of Appeals denying defendant's petition for writ of certiorari to review a trial court's order denying her motion to dismiss and dismissing her appeal from a judgment entered upon her guilty plea.
State v. McNeill
First-degree murder (capital/death).
State v. Miller
Appeal from defendant's conviction for felony possession of cocaine; whether the Court of Appeals erred by applying plain error review to defendant's Fourth Amendment claims; whether the arresting officer unnecessarily extended the initial stop in violation of the Supreme Court of the United States' decision in Rodriguez v. United States and whether defendant's consent to the search of his person was invalid.
State v. Miller
Appeal from conviction for first-degree murder (non-capital); whether the trial court violated defendant's rights under the Confrontation Clause by allowing a police officer to testify about the deceased victim's statements to him regarding a previous incident of domestic violence involving the victim and defendant.
State v. Nicholson
Motion to suppress evidence obtained as a result of defendant's questioning by a police officer; whether the officer who detained defendant for questioning had reasonable suspicion that criminal activity was afoot; whether the trial court erred in denying defendant's motion to suppress.
State v. Rodriguez
First-degree murder (capital/death).
Walker v. Driven Holdings, LLC
Appeal from final judgment of N.C. Business Court dismissing pursuant to Rule 12(b)(6) plaintiffs' complaints seeking damages and a declaratory judgment based on defendant's alleged breach of certain shareholder repurchase agreements.
Court of Appeals Published Opinions Filed June 5, 2018
Beasley v. Beasley
Attorney's Fees; Interlocutory Order
Emerson v. Cape Fear Country Club, Inc.
Nonprofit Corporation Act, statutory interpretation, termination of membership
French Broad Place, LLC v. Asheville Sav. Bank, S.S.B.
1. summary judgment; 2. commercial loan agreement; 3. breach of contract; 4. merger clause; 5. unfair or deceptive trade practices; 6. statute of frauds- commercial loan- N.C.G.S. § 22-5; 6. breach of fiduciary duty; 7. failure to object to materials submitted to trial court on summary judgment
Haulcy v. The Goodyear Tire & Rubber Co.
Workers' compensation; compensability of injury; employer-funded disability payment credit; Industrial Commission's authority to amend deputy commissioner's opinion and award; issue preservation
In re: A.J.C.
3.1; TPR; jurisdiction
In re: J.A.M.
Neglect adjudication; prior history of termination
Johnson v. Johnson
Motion to set aside separation agreement; Consideration; Reconciliation; Unconscionability
Standridge v. Standridge
family law, equitable distribution order, lack of subject matter jurisdiction
State v. Clapp
Driving while impaired; motion to suppress; probable cause