Appellate Court Opinions
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15,933 Appellate Court Opinions
Upchurch v. Harp Builders, Inc.
civil procedure; pleading; counterclaim asserted outside statute of limitations did not relate back to plaintiff's complaint; most recent intermediate appellate court precedent controls over prior inconsistent precedent of same court
Court of Appeals Published Opinions Filed April 19, 2022
In re: A.J.D., Jr.
Involuntary Commitment Order; Sufficiency of Findings of Fact; Expert Witness Testimony; Preservation of Error; Hearsay
In re: J.A.D.
Extortion, material information in charging instruments, physical violence not required for true threats, fatal variance in proof, written findings required under N.C. Gen. Stat. 7B-2411, 7B-2501(c).
Moye-Lyons v. N.C. Dep't of Pub. Instruction
North Carolina Industrial Commission; workers compensation claim; timely filed claim; two-year limitation period; mental incompetency; jurisdiction; subject matter jurisdiction; employment; social security disability claim; representative payee; incompetency adjudication hearing; involuntary commitment; N.C. Gen. Stat. § 97-24(a); N.C. Gen. Stat. § 35A-1101; N.C. Gen. Stat. § 35A-1102; time-barred pursuant to N.C. Gen. Stat. § 97-50; 42 U.S.C. § 416(i).
State v. Benitez
waiver of Miranda for juveniles
State v. Carter
reasonableness of lifetime satellite-based monitoring; recidivist; sex offenses with a child under thirteen; Defendant's Fourth Amendment privacy interests balanced against State's interests and declared efficacy of SBM; totality of circumstances; amendments to SBM laws; Session Law 2021-138, sec. 18(i) and S.L. 2021-182, sec. 2(e) (collectively to be codified at N.C. Gen. Stat. § 14-208.46).
State v. Hicks
Aggressor doctrine; self-defense; plain error; jury instructions; exhibits.
State v. Ingram
Sufficient evidence of driving while intoxicated, N.C. Gen. Stat. 20-138.1(a)
State v. Williamson
motion to dismiss second-degree murder charge; knowingly driving while impaired, when combined with evidence of reckless driving or behavior, may constitute malice; motion for appropriate relief; recanted testimony; privilege against self-incrimination; U.S. Const. Fifth and Sixth Amendments; testimony subject of direct examination as opposed to collateral matters; the trial court may strike testimony in whole or in part or compel witness to testify
Turner v. Oakley
Jurisdiction to modify child custody order; challenged finding of fact supported by substantial evidence; trial court assessed whether a substantial change in circumstances affected the child's welfare and whether modification of custody was in the child's best interests; no abuse of discretion in modification of custody.
Court of Appeals Published Opinions Filed April 5, 2022
Barrington v. Dyer
Will contest; Rule 12(b0(6); res judicata; gatekeeping order factors; attorney's fees factors; award of attorney fees on appeal.
Bio-Med. v. N.C. Dep't of Health & Hum. Serv.
Certificate of Need; contested case hearing; substantial prejudice.
Brady v. Brady
alimony award; amount and duration of alimony; findings supported duration of alimony awarded; findings did not support conclusion of Defendant's ability to pay the amount of alimony awarded; N.C. Gen. Stat. 50-16.3A; equitable distribution; distributive award
Bryan v. Kittinger
Chicken, hens, poultry, household pet, restrictive covenant, amended, Planned Community Act, encumbrance, spouse, written agreement, affirmative vote, duly-called meeting, Rule 59 motion, Rule 60 motion.
Cauley v. Bean
Negligent infliction of emotional distress; NIED; Rule 12(b)(6) motion to dismiss; notice pleading; reasonable foreseeability; severe emotional distress.
Daedalus, LLC v. City of Charlotte
Local Government; Statutory Authority; Ultra Vires; Interlocutory Appeal; Rule 54(b); Substantial Right; Writ of Certiorari
Foxx v. Foxx
Subsequent appeal, modification of equitable distribution, and findings of fact
Hall v. Wilmington Health, PLLC
COVID-19, interlocutory, substantial right, due process, right to retained counsel, moot, preservation