Appellate Court Opinions
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15,933 Appellate Court Opinions
In re: A.H.D., V.I.D.
willful failure to pay child support, sufficiency of petition, standard of proof
In re: Custodial L. Enforcement Agency Recordings
Request for release of custodial law enforcement agency recordings under N.C. Gen. Stat. 132-1.4A(g) must file a civil action, not a form petition.
In re: Z.J.W.
Termination of Parental Rights; Ex Parte Communications; Procedural Due Process
Janu Inc v. Mega Hospitality, LLC
Motions to Dismiss;
Failure to State a Claim Rule 12(b)(6);
Personal Jurisdiction Rule 12(b)(6);
Notice;
Irregular Judgment;
General Appearance;
Waiver;
Attorney's Fees Prevailing Party;
Seeking Affirmative Relief;
JRM, Inc. v. The HJH Cos., Inc.
Arbitration Agreement;
Interlocutory Orders;
Substantial Right;
Burden of Proof;
Untimely Affidavit;
State v. Scott
Motion to suppress evidence; Fourth Amendment; traffic stop; weapons frisk; Terry frisk; totality of circumstances; validated gang member; officer's knowledge of prior murder charge; frisk of vehicle; may not raise different theory on appeal; prior record level worksheet; notice of prior record level point for committing a crime while on probation; parole or post-release supervision; waiver of notice of prior record level point.
Court of Appeals Published Opinions Filed January 17, 2023
Dieckhaus v. Bd. of Governors of The Univ. of N.C.
sovereign immunity, implied-in-fact contract, immunity for institutions of higher learning related to COVID-19
Pelc v. Pham
USCIS Form I-864 Affidavit of Support;
Household Size to Determine Financial Support;
Sponsored Immigrant's Income;
Quasi-Contract;
Equitable Damages;
Foreign-Money Claims Act, N.C. Gen Stat. 1C-1820-1834;
Missing Trial Transcript;
Attorney's Fees, N.C. Rev. R. Prof. Conduct 1.5;
SR Auto Transp., Inc. v. Adam's Auto Grp., Inc.
Rule 54(b) certification; substantial right; interlocutory appeal; dismissal
State v. Davis
1st Degree Murder;
Attempted First Degree Murder;
Arson;
Felony Murder;
Premeditation and deliberation;
Sufficiency of indictment;
Rules 401, 402, 403, 404(b);
Transferred Intent;
Prior Bad Acts;
State v. Duncan
motion to suppress; traffic stop; reasonable suspicion; medically canceled driver's license; search incident to arrest
State v. Graham
Dismissal of unnecessary petition for writ of certiorari; N.C. Gen. Stat. 15A-1222 and 15A-1232; fair and clear jury instructions taken as a whole; DNA and fingerprint evidence; insufficient expert testimony under Rule 702(a)(3); no prejudicial error in admission of expert testimony; habitual breaking and entering status offense as a Class E felony; no clerical error on written judgment.
State v. Massey
Rule 404(b) prior bad act evidence; motion to dismiss N.C.G.S. 90-108(a)(7)
State v. Owens
Indecent liberties;
Habitual Felon;
Opening Statement;
Vouching/bolstering;
Plain Error
Court of Appeals Published Opinions Filed December 29, 2022
Askew v. City of Kinston
direct constitutional claims; administrative remedies; exhaustion; subject matter jurisdiction
Carolyn Louise Gunn Testamentary Tr. v. Bumgardner
Obstruction of an easement; abandonment; scope of easement; permanent injunction; authority of trial court to consider balance of equities or relative hardship when issuing injunctive relief in property cases
Kozec v. Murphy
Child custody modification; misapprehension of law; authentication and admissibility of child protective services documents.
State v. Aguilar
Motion to suppress; probable cause to search an automobile; totality of the circumstances; negative canine hit.