Appellate Court Opinions
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15,933 Appellate Court Opinions
In re: A.S.
Involuntary commitment; sufficiency of findings; N.C.G.S. 122C-268
In re: A.W.
Parents constitutional rights; care, custody and control of child; permanency planning hearing; ceasing reunification; statutory findings; guardianship with nonparent; domestic violence.
Lost Forest Dev., LLC v. Comm'r of Lab. of the State of NC
OSHA citation; notice of contest; required timelines; waiver; 13 NCAC 7A.0802; NCGS 95-137(b)(1); NCGS 1A-1, Rule 5; NCGS 1A-1, Rule 60; N.C. R. App. P. 28(a).
Phillips v. MacRae
Summary judgment; one judge overruling another; testamentary and marital family trusts; duties of trustees; spouse's elective share; factors to be 100% countable; declaratory judgment; NCGS 30-3.3A(e)(1).
Poythress v. Poythress
premarital agreement, real estate, divorce, separate property, marital property, gift, intend
State v. Eddings
Motion to suppress; findings of fact; conclusions of law; search warrant; search warrant affidavit; probable cause; nexus; Fourth Amendment; fentanyl
State v. Garrett
N.C.G.S. ? 15A-954; motion to dismiss; due process; equal protection; cruel and unusual punishment; Raise the Age; juvenile tried as adult.
State v. Jones
present recollection refreshed, prior consistent statement, jury instructions, plain error, clerical error
State v. Lane
GPS tracking order, trafficking heroin, motion to suppress, non-owner of vehicle, probable cause, standing, common law trespass, reasonable expectation of privacy.
State v. Rodriguez
Second-degree forcible rape; Relevant evidence under Rule of Evidence 401; Prior Bad Acts under Rule of Evidence 404(b); Rule of Evidence 403
State v. Royster
Reasonable articulable suspicion; anonymous tip, totality of the circumstances; investigatory stop; prior charge; flight; reaching.
Supreme Court Opinions Filed October 29, 2021
Bandy v. A Perfect Fit For You, Inc.
Whether the Business Court erred by entering an order which refused to authorize payment of fees to an attorney who performed legal services for a receiver solely because the Business Court believed the attorney violated a prior order establishing the procedure for seeking authorization of fee payments. Whether an attorney for a receiver may recoup fees for work performed in relation to litigation arising from the trial court's prior denial of authorization to pay fees.
Copeland v. Amward Homes of N.C., Inc.
Whether a real estate developer has a duty to sequence development or conduct mass grading; whether a real estate developer has a duty to protect against the negligence of a third party.
In re B.R.L.
Whether clear and convincing evidence supported the trial court's conclusion that respondent willfully abandoned the juvenile pursuant to N.C.G.S. 7B-1111(a)(7) and whether the trial court failed to make findings of the likelihood of future neglect pursuant to N.C.G.S. 7B-1111(a)(1) in concluding grounds existed to terminate parental rights.
In re O.E.M.
Appeal from order terminating respondent-father's parental rights; whether the trial court erred by terminating respondent-father's parental rights despite Department of Social Service's failure to verify a motion in the cause seeking termination of a father's parental rights pursuant to N.C.G.S. 7B-1104.
In re Z.M.T.
Appeal from orders terminating respondent's parental rights; whether respondent received ineffective assistance of counsel.
Plantation Bldg. of Wilmington, Inc. v. Town of Leland
Whether the trial court erred when it certified a class based on a class certification motion filed after a summary judgment motion had been granted in plaintiff's favor.
State v. Dew
Whether there is sufficient evidence of multiple assaults in the light most favorable to the State to submit the issue to the jury; whether there is sufficient evidence to establish that defendant used his hands, feet, or teeth as deadly weapons.
State v. Graham
Whether the Georgia statutory rape statute under which defendant was previously convicted was substantially similar to North Carolina's statutory rape statute such that defendant's prior Georgia conviction could count as a higher penalty class for purposes of determining defendant's prior record level for sentencing.