Appellate Court Opinions
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15,933 Appellate Court Opinions
Kelly v. State of N.C.
Opportunity Scholarship Program; Lower-income families may receive scholarships from the State to attend private school; Constitutional challenge; As-applied challenge; Facial challenge; Subject matter jurisdiction; Breadth of the remedy requested, not what is pleaded in the complaint, is controlling in determining whether the challenge is facial or as-applied.
Ladd v. Funderburk
Governmental immunity; Qualified immunity; Governmental in nature vs. Proprietary in nature; N.C. Gen. Stat § 160A-296; Affirmative duty; Roadway obstructions; Tree ordinance; Waiver of governmental immunity; Liability insurance; Insurance policy effect on the defense of governmental immunity; N.C. Gen. Stat. § 153A-435; Summary judgment.
N.C. Farm Bureau Mut. Ins. Co., Inc. v. Carpenter
Legionnaire's Disease; Insurance Policy's Fungi or Bacteria Exclusion; Insurance Policy's Consumption Exception; Summary judgment; Interlocutory appeal; Construction and interpretation of an insurance contract is a question of law; Insurer's duty to defend; Duty to indemnify.
Neeley v. Fields
Legal malpractice; easements of record; construction of deeds
State v. Booth
no plain error where an officer testified to the contents of a search warrant and the search warrant/affidavit were entered into evidence; motion to dismiss properly denied where there was sufficient evidence that the green leafy substance seized was marijuana
State v. Eagle
officer approaching the defendant in police cruiser with blue lights flashing while blocking the only way for the defendant to leave was not a situation in which a reasonable person would feel free to leave and constituted a seizure under the Fourth Amendment
State v. Griffin
Satellite-Based Monitoring; Term of Years; Mental, Physical, or Sexual Abuse of a Minor; Fourth Amendment Reasonableness
State v. Guice
First Amendment, true threats, communicating threats, subjective component.
State v. Hunter
motion to suppress properly denied where officer shined flashlight into vehicle and seized a plastic baggie of contraband in plain view; officer's subjective motive for a stop has no bearing in Fourth Amendment analysis
State v. Mason
expert opinion; Rule 702(a); lay opinion; self-defense
State v. Steele
admission of evidence; interfering or intimidating a witness
State v. Watson
expert testimony; non-testifying expert testimony is admissible as the basis of testifying expert's opinion; officer testifying about HGN may not specify to specific alcohol concentration
Waters v. Pumphrey
summary judgment, retaliatory eviction, protected act, summary ejectment, notice to vacate
Court of Appeals Published Opinions Filed October 4, 2022
Gouch v. Rotunno
Lack of meaningful appellate review; Failure to include transcript; Written Order Controls; Jurisdiction; Rule 12(b)(2); Rule 12(b)(6).
In re: A.O.
Juvenile petition; Self-incrimination; Privilege against self-incrimination; N.C. Gen. Stat. § 7B-2405; 5th Amendment.
In re: Simmons
Foreclosure, NC. R. Civ. P. 60(b); void order; trustee neutrality; notice of neutrality.
Lannan v. Bd. of Governors of the Univ. of N.C.
sovereign immunity, implied-in-fact contract, 12(b)(6), Corum
State v. Freeman
petition for writ of certiorari, structured sentencing act, mitigating factors, presumptive range
State v. Parker
motion to suppress, public vehicular area, probable cause, plain smell, plain view