Appellate Court Opinions
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15,933 Appellate Court Opinions
State v. Boyette
Entry and rendition of judgment, probation revocation, search.
State v. Byrd
motion to suppress properly denied; probable cause supported search warrant; search of a cell phone;
State v. Hester
series of break-ins at a nonoperational plant; Harbison violation; defense counsel admitted to lesser-included offenses of misdemeanor breaking and entering and misdemeanor possession of stolen goods during closing argument; caught or in the act; remand for evidentiary hearing to determine if Defendant knowingly consented in advance of admissions; remaining claims for ineffective assistance of counsel dismissed without prejudice to filing a motion for appropriate relief below
State v. McVay
Motion to dismiss, indictment, surplusage, special jury instruction, preservation.
State v. Norris
Instructional error versus fatal variance, solicitation mens rea, failure to intervene.
State v. Reavis
Locational elements of criminal offenses, misdemeanor statement of charges, weapon at a demonstration.
State v. Taylor
Lay Witness Identification; Motion to Dismiss; Sufficiency of the Evidence; Plain Error; Right Against Self-Incrimination
State v. Wilkins
Statutory competency hearing under N.C. Gen. Stat. 15A-1002; distinction between nonwaivable constitutional competency issues and waivable statutory competency issues
Taylor v. Bank of Am., N.A.
motion to dismiss; Home Affordable Mortgage Program; statute of limitations; fraud; date of discovery; question of fact; jury question
Terry v. Pub. Serv. Co. of N.C., Inc.
negligence; negligence per se; warranty of habitability; residential rental agreements act; plaintiff's forecast was sufficient to create jury question as to whether failure to inspect home over 11-year period was reasonable
Wright Constr. Servs., Inc. v. Liberty Mut. Ins. Co.
Attorney-client privilege, interstate subpoena, subject matter jurisdiction.
Court of Appeals Published Opinions Filed December 20, 2022
Autry v. Bill Clark Homes, LLC
Statute of Repose; Negligence; Punitive Damages
Devore v. Samuel
Contribution and indemnity claims against school board in bus negligence case; limited waiver of governmental immunity; Tort Claims Act; Rule 14 of the Rules of Civil Procedure; N.C. Gen. Stat. 1B-1(h); statutes strictly construed against waiver of governmental immunity
Dillree v. Dillree
incompetent spouse; powers of general guardian; equitable distribution claim; legal separation; subjective intent; statutory interpretation; motion to dismiss; lack of subject matter jurisdiction; N.C. Gen. Stat. Sections 50-20, 50-22, 35A-1202, 35A-1241, 35A-1251
Duffy v. Camp
summary judgment; derivative claims; fiduciary duty of officer to corporation; fiduciary duty of majority shareholders to minority shareholder; tradename infringement; conversion; unjust enrichment; unfair and deceptive trade practices; civil conspiracy
Expert Discovery, LLC v. AT&T Corp.
North Carolina False Claims Act; Qui tam action; 911 Service fees; Rule 12 dismissals; First-to-File Rule; N.C. Gen. Stat. § 1-608(b)(5); N.C. Gen. Stat. § 1-610; N.C. Gen. Stat. § 143B-1403(a); S.B. 99; S.B. 335; Retroactive application of legislation; Vested right; Inchoate right; Relator.
In re: B.M.T.
Consent for Adoption; Biological Father; financial support under N.C. Gen. Stat. § 48-3-601
In re: E.B.
Involuntary commitment;
Appellate review;
N.C. Gen. Stat. § 122C-3(11)(a)(1)-(II);
Standard of review;
Presumptions;
Burden of proof;
In re: Moretz
Foreclosure; Appellate Rule Violations; Dismissal