Appellate Court Opinions
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2,650 Appellate Court Opinions
State v. Johnson
Whether the trial court erred in denying defendant's motion to suppress his confession; whether the Court of Appeals erred in holding that defendant's confession was involuntary and should have been suppressed; whether the error was prejudicial.
State v. Rankin
Whether subdivision (a)(1) of N.C.G.S. 14-399, which generally prohibits littering, is an essential element of, or creates an exception to, that offense; whether an indictment that did not refer to the language in subdivision (a)(1) was fatally defective.
State v. Wilson
Whether the trial court erred in denying defendant's motion to suppress evidence of a handgun seized from him at the scene of an ongoing police search for narcotics; whether the trial court's findings of fact were sufficient to support its conclusion of law that a Terry frisk of defendant was justified under the circumstances.
Supreme Court Opinions Filed December 7, 2018
Azure Dolphin, LLC v. Barton
Appeal from final judgment of North Carolina Business Court granting defendants' motion to dismiss all claims under Civil Procedure Rule 12 and from interlocutory order denying plaintiffs' motion to file a second amended complaint.
Corwin v. British Am. Tobacco PLC
Whether a minority stockholder of a North Carolina corporation owed fiduciary duties to its fellow stockholders.
Hairston v. Harward
Motor vehicle wreck caused by underinsured driver; judgment for plaintiff against defendant tortfeasor; whether defendant can receive credit against the amount of the judgment owed by him for monies paid to plaintiff by plaintiff's UIM carrier.
In re Will of Allen
Whether a holographic codicil later added to a page of a properly attested, typewritten will met statutory and case law requirements to be valid; whether the Court of Appeals erred in reversing the trial court's grant of summary judgment for the propounder and remanding for entry of summary judgment in favor of the caveators.
Morrell v. Hardin Creek, Inc.
Action by tenants to recover damages based on landlord's alleged negligent renovation of the leased premises that resulted in severe damage to plaintiffs' equipment and business interests; whether the lease agreement contained an unambiguous waiver of all claims by either party based on the other party's negligence.
N.C. Acupuncture Licensing Bd. v. N.C. Bd. of Physical Therapy Exam'rs
Appeal from final order and opinion of N.C. Business Court affirming a declaratory ruling by defendant board stating that 'dry needling' is within the scope of practice of physical therapists.
Pine v. Wal-Mart Assocs.
Workers' Compensation Act; whether, after her employer admitted medical compensability for certain injuries via a Form 60, an employee met her burden to show causation for other medical conditions arising from the same accident but for which the employer did not admit liability; whether the Industrial Commission's erroneous application of the 'Parsons presumption' requires the award of benefits to be set aside and remanded to the Commission.
State v. Fowler
Appeal from defendant's conviction for driving while impaired; whether the trial court committed reversible error by instructing the jury on the basis of a legal theory lacking evidentiary support.
State v. Malachi
Appeal from defendant's convictions for possession of a firearm by a convicted felon and attaining habitual felon status; whether the trial court committed prejudicial error by instructing the jury concerning the doctrine of constructive possession.
State v. Meadows
Appeal from convictions for trafficking in opium; claim of ineffective assistance of counsel; whether N.C. R. App. P. 10(a)(1) precludes appellate review of alleged sentencing errors to which defense counsel did not object at trial; whether defendant's sentences were an abuse of discretion and violate the Eighth Amendment.
State v. Melton
Appeal from convictions for attempted first-degree murder and solicitation to commit first-degree murder of the same victim; whether the trial court erred in (1) denying defendant's motion to dismiss the attempt charge for insufficient evidence and (2) not arresting judgment on the solicitation conviction on double jeopardy grounds.
Stokes v. Stokes
Appeal from trial court's discretionary ruling under N.C.G.S. 1-83(2) changing venue in a child custody action; whether the Court of Appeals erred in dismissing plaintiff-mother's interlocutory appeal from the trial court's order.
Supreme Court Opinions Filed October 26, 2018
In re Chapman
Review of recommendation for thirty-day suspension without pay.
Meinck v. City of Gastonia
Negligence action for a slip and fall on City-owned premises leased to a nonprofit entity; summary judgment granted for defendant based on governmental immunity; whether ownership and maintenance of the building was a governmental or proprietary function.
State v. Arrington
Appeal from sentence imposed in conjunction with a plea agreement; whether the trial court erred in accepting defendant's stipulation to a previous second-degree murder conviction as a Class B1 offense; application of State v. Sanders and State v. Wingate to determine whether the stipulation was to a question of fact or a question of law.