Appellate Court Opinions
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15,933 Appellate Court Opinions
State v. Melvin
In armed robbery case where co-defendants sought to sever trial, Court of Appeals erred by applying standard of error preservation for severance of offenses rather than severance of defendants.
State v. Prince
Whether the evidence showed that defendant committed both assault with a deadly weapon with intent to kill inflicting serious injury and assault by strangulation.
State v. Scott
Whether the Court of Appeals erred by not applying the standard for determining the existence of and showing of prejudice for a violation of the defendant's rights under the Constitution of the United States.
Court of Appeals Published Opinions Filed April 6, 2021
Carolyn Louise Gunn Testamentary Tr. v. Bumgardner
Content of permanent injunction order; Rule 65; interlocutory appeal; injunction pending appeal; Rule 62(c)
Hovey v. Sand Dollar Shores Homeowner's Ass'n, Inc.
Public Dedication; Declaratory Judgment; Summary Judgment
In re: J.M. & N.M.
Permanency Planning Hearings; Reunification; Reasonable Efforts; Judicial Notice
In re: S.D.
Reunification; Permanency Planning Review Hearings; Constitutionally Protected Parental Status
In re: S.R.J.T.
Adjudication, Disposition, Guardianship
Jackson v. Home Depot U.S.A., Inc.
arbitration; interlocutory appeal; third-party beneficiary of a contract; equitable estoppel; sufficient findings of fact; novation
Lunsford v. Teasley
Statute of limitations for voluntary dismissal, commencement of a civil action, Rule 3 North Carolina Rules of Civil Procedure, and issuance of a summons.
State v. Baldwin
First-dgree murder, attempted first-degree murder; felony conspiracy to commit first degree murder; firing into an occupied operating vehicle; lying in wait; acting in concert; conspiracy.
State v. Geter
Probation revocation, good cause, N.C. Gen. Stat. § 15A-1344(f)
State v. Kennedy
Possession of a Firearm by a Felon; Constructive Possession; Motion to dismiss for insufficient evidence.
State v. Knight
unilateral withdrawal of plea agreement by prosecutor; trial court erred by imposing sentence contrary to plea agreement where defendant performed under agreement; specific performance of plea agreement is appropriate remedy for breach of agreement by the state
State v. Swain
Motion to suppress, entry of a written order
State v. Waugh
Rape of a child, indecent liberties with a child, and sexual offense with a child; admission of testimony that the minor child?s symptoms were consistent with sexual abuse; no plain error
State v. Wynn
possession of a firearm by a felon; constructive possession of a controlled substance
Sullivan v. Pugh
N.C. Gen. Stat. 1A-1, Rule 42(a); consolidation; consolidated for trial; no requirement to serve voluntary dismissal on a nonparty; voluntary dismissal deprived trial court of jurisdiction to enter further orders;
Woody v. Vickrey
Interlocutory appeal; substantial rights; inconsistent verdicts; right to jury trial; N.C. Const., Art. I, ? 25; quiet title; conversion; cancellation and rescission; mental incapacity; undue influence; critical preliminary issues; declaratory judgment; permanent injunction; partial summary judgment