Appellate Court Opinions
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2,650 Appellate Court Opinions
State v. China
Kidnapping and first-degree sex offense; whether the trial court erred in denying defendant's motion to dismiss the kidnapping charge on grounds that no restraint apart from that involved in the sex offense occurred.
State v. Howell
Whether, after defendant's sentence for committing a Class 1 misdemeanor violation of the Controlled Substances Act was punished as a Class I felony under N.C.G.S. 90-95(e)(3), the trial court erred in sentencing defendant, an admitted habitual felon, as a Class E felon.
State v. Jacobs
Whether Rule of Evidence 412, the 'Rape Shield Law,' generally excludes evidence of an alleged victim's sexually transmitted diseases; whether the exception provided in Rule 412(b)(2) allows admission of such evidence in this case.
State v. Lee
Whether, at defendant's murder trial, the court committed plain error by declining to give certain jury instructions requested by defendant regarding 'no duty to retreat.'
State v. Mostafavi
Whether an indictment charging defendant with obtaining property by false pretense was fatally defective.
Vogler Reynolda Rd., LLC v. SCI N.C. Funeral Servs., Inc.
Appeal from final judgment of N.C. Business Court interpreting the termination date of a lease; whether the court erred in determining that the lessee failed to strictly comply with the Purchase Option in the Lease Agreement.
Supreme Court Opinions Filed March 2, 2018
Abrons Fam. Prac. & Urgent Care, PA v. N.C. Dep't of Health & Hum. Servs.
Civil complaint filed by various medical practices to recover damages and other relief for the State's failure to properly implement a new electronic payment system to reimburse plaintiffs for their services to Medicaid-eligible patients; whether the trial court erred in dismissing plaintiffs' complaint for lack of subject matter jurisdiction because plaintiffs did not exhaust their administrative remedies before filing a civil suit.
Allied Spectrum, LLC v. Ger. Auto Ctr., Inc.
Civil action for breach of contract and related claims; whether plaintiff was entitled to voluntarily dismiss its case under Civil Procedure Rule 41(a)(1) after end of summary judgment hearing but before the court issued its ruling; whether the trial court erred in entering summary judgment for defendants.
Davis v. Hulsing Enters.
Whether North Carolina recognizes a first-party claim for dram shop liability; if so, whether that claim is barred by the contributory negligence of plaintiff's decedent.
In re D.E.M.
Termination of parental rights; whether the mother willfully abandoned the juvenile as defined in subdivision 7B-1111(a)(7) of the Juvenile Code.
In re J.A.M.
Minor child; adjudication of neglect and dispositional order ceasing reunification efforts; whether clear and convincing evidence supported findings of fact on which the order was based.
In re Se. Eye Ctr.
Appeal from interlocutory orders of N.C. Business Court approving a Settlement Agreement between plaintiffs and some defendants and appointing a Receiver for another defendant that is a Trust.
In re Se. Eye Ctr.
Appeal from interlocutory order of N.C. Business Court approving a Settlement Agreement entered in one of a series of lawsuits; whether the claimant was inappropriately granted secured status as part of her settlement with the Receiver administering defendants' assets; whether the court abused its discretion in approving the settlement.
In re Se. Eye Ctr.
Appeal from interlocutory order of N.C. Business Court approving a Settlement Agreement entered in one of a series of lawsuits; whether the claimant was inappropriately granted secured status as part of her settlement with the Receiver administering defendants' assets; whether the court abused its discretion in approving the settlement.
King v. Albemarle Hosp. Auth.
Medical malpractice action on behalf of minor child for birth-related injuries; whether, after the complaint was dismissed under Rule 41 and refiled six years later, N.C.G.S. 1-17(b) extended the three-year statute of limitations for professional malpractice actions established in N.C.G.S 15(c), thus preventing the refiled complaint from being time barred.
N.C. Dep't of Transp. v. Mission Battleground Park, DST
Condemnation proceeding under Chapter 136 to take a portion of defendants' property for highway improvement purposes; whether the trial court abused its discretion in excluding expert opinion testimony on valuation offered by defendants because the trial court did not consider admissibility of the testimony under Evidence Rule 702 rather than N.C.G.S. 93A-83; whether it was improper for the trial court to instruct the jury that the jury should not consider the taking and use of adjoining lands of others for the same undertaking in determining just compensation.
N.C. Farm Bureau Mut. Ins. Co. v. Hull
Subrogation action to recover money paid under the UIM coverage provision of a policy issued by plaintiff after plaintiff's insureds obtained a settlement from another fully insured third-party tortfeasor; whether plaintiff's claim should have been dismissed based on the three-year statute of limitations for breach of contract actions; when the claim accrued.
State v. Cannon
Whether the trial court erred in denying defendant's motion to dismiss a charge of aiding and abetting larceny based on insufficient evidence.
State v. Chekanow
Sufficiency of evidence that defendants constructively possessed marijuana found growing on their property.