Appellate Court Opinions
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15,933 Appellate Court Opinions
State v. McIver
Evidence, Expert opinion, Expert testimony, Hearsay, Motion in limine, Issue preservation, Objection, Presence of jury, Impact on jury, Plain error, Jury instruction, Rule 10, N.C. R. App. P. 10(a)(2)
State v. Williams
preservation; presumption of innocence; due process; attorney conflict of interest; trial court implying an opinion
Court of Appeals Published Opinions Filed August 2, 2022
Ashe Cty. v. Ashe Cty. Plan. Bd.
land use regulation; permit choice statutes do not apply unless a complete application for a land use approval has been submitted and did not apply where complete application was not submitted until after moratorium prohibiting requested use was adopted, but before ordinance under which land use was requested was repealed and replaced by new, more onerous ordinance; moratorium statute in effect at the time moratorium when into effect had exemptions, none of which were applicable to moratorium at issue, so moratorium barred approval of land use application during its duration; proposed asphalt plant did not qualify as an approvable use of land under relevant ordinance because of its proximity to two commercial buildings; inconsistencies between representations in two permit applications supported inference of deceptive intent
Asher v. Honeycutt
premises liability; negligence per se; common-law negligence; landlord; lawful visitor
Berens v. Berens
child support obligation, retroactive modification of past child support obligations, parental income calculation
Cromartie v. Goodyear Tire & Rubber Co., Inc.
North Carolina Industrial Commission; compensable injury; dispute ripe; remand for additional findings about Plaintiff's disability status; suitable employment
Gray v. E. Carolina Med. Servs., PLLC
Rule 9(j); trial court erred in dismissing complaint for failure to substantively comply with Rule 9(j); Rule 702(b)(1)b.; reasonable for plaintiff to expect proffered expert to qualify as an expert; Rule 702(b)(2);
In re: A.N.S., Jr.
termination of parental rights; unchallenged findings of fact support conclusion of law that juvenile was neglected;
In re: R.A.F. & R.G.F., IV
N.C. Gen. Stat ? 7B-1108.1; Notice of Termination hearing; Adequate inquiry; Right to counsel; N.C. Gen. Stat. ? 7B-1106(a)(1); N.C. Gen. Stat. ? 7B-1101.1; Appearance; Withdrawal; Fundamental fairness; Parental rights; Termination of Parental Rights; TPR; Contact; Motion to extend time.
Izzy Air, LLC v. Triad Aviation, Inc.
Unfair and Deceptive Trade Practices Act; UDTP; N.C. Gen. Stat. 75-1.1; N.C. Gen. Stat. 1-21; UDTP cause of action arose outside of state such that borrowing provision applied; no error in dismissing action for failure to state a claim; Rule 12(b)(6)
Kinsley v. Ace Speedway Racing, Ltd.
Abatement of mass gatherings during pandemic, 12(b)(6) dismissal, constitutional claims, sovereign immunity, right to fruits of own labor, selective enforcement
State v. Joyner
Exploitation of a disabled or elderly person while in a business relationship; Obtaining Property by False Pretenses; Confrontation Clause; Cross-examine; Opportunity to cross-examine; Hearsay, Hearsay exception; N.C. Gen. Stat. ? 8C-1, Rule 804; Witness unavailable; Former testimony; Crawford; Testimonial statements; No-Contact Order; Absent from trial; Due Process; Sixth Amendment; Right to inspect; Weatherford.
State v. McDougald
Violent Habitual Felon Statute; mandatory LWOP; Juvenile conduct; eighth amendment; ineffective assistance of counsel; motion for appropriate relief
State v. Pickens
no error in admitting challenged Rule 404(b) evidence; trial court improperly considered the defendant's exercise of his constitutional right to demand a trial by jury in deciding to impose three consecutive sentences
State v. Wentz
Plea agreement; Plea arrangement; Withdrawn plea; Withdrawal; Alford plea; N.C. Gen. Stat. ? 15A-1024; Plea Bargain; Consideration; Inducement; Constitutional right; Benefit of the bargain; Sentencing.
Visible Props., LLC v. The Vill. of Clemmons
Zoning; digital billboards; interpretation that harmonizes conflicting provisions; ambiguous language in zoning ordinances construed in favor of free use of real property
Walker v. Wake Cty. Sheriff's Dep't
Defamation; motion for judgment on the pleadings, N.C. Gen. Stat. 1A-1, Rule 12(c); motion to dismiss for failure to state a claim, N.C. Gen. Stat. 1A-1, Rule 12(b)(6); qualified privilege defense; fair report privilege defense
Court of Appeals Published Opinions Filed July 19, 2022
Britt v. Britt
child support; monthly gross income; ordinary and necessary business expenses