Appellate Court Opinions
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2,650 Appellate Court Opinions
State v. Juarez
First-degree murder conviction based on felony murder rule; whether the trial court erred in not instructing the jury on lesser-included offenses; whether the trial court committed plain error in instructing the jury on the aggressor doctrine exception to defendant's claim of self-defense.
State v. Lowe
Trial court's denial of motion to suppress; whether the Court of Appeals correctly found that (1) probable cause supported the warrant to search the house at issue but (2) police exceeded the scope of the warrant by searching a car parked in the driveway that did not belong to a resident of the house searched.
State v. Moir
Petition to terminate registration as a sex offender pursuant to N.C.G.S. 14-208.12A by a defendant who previously pleaded guilty to two counts of taking indecent liberties with a child; whether the relief sought is barred by the applicable provisions of federal law.
State v. Perry
Review of order denying defendant's motion for appropriate relief seeking resentencing; defendant was mandatorily sentenced as a juvenile to life imprisonment without parole; retroactive application of the holding in Miller v. Alabama declaring sentences such as defendant's unconstitutional; effect of U.S. Supreme Court's subsequent decision in Montgomery v. Louisiana.
State v. Ross
Whether defendant's plea agreement was entered knowingly and voluntarily.
State v. Saldierna
Confession by juvenile defendant while under police interrogation; whether, under N.C.G.S. 7B-2101(a)(3), the officer interrogating defendant was required to seek clarification of defendant's statement regarding whether he wanted his mother present during the interview.
State v. Seam
Appeal from order granting defendant's motion for appropriate relief, vacating his sentence of life imprisonment without parole, and ordering a resentencing hearing to comply with Miller v. Alabama; effect of U.S. Supreme Court's subsequent decision in Montgomery v. Louisiana.
State v. Young
Appeal from order granting defendant's motion for appropriate relief, vacating his sentence of life imprisonment without parole, and ordering a resentencing hearing to comply with Miller v. Alabama; effect of U.S. Supreme Court's subsequent decision in Montgomery v. Louisiana.
Town of Boone v. State
Appeal from three-judge panel's order declaring facially unconstitutional a 2014 law withdrawing the town's extraterritorial jurisdiction over areas beyond the municipal limits.
Turner v. Thomas
Whether plaintiff's allegations in support of claims for malicious prosecution and intentional infliction of emotional distress are legally sufficient to state a claim for relief.
Supreme Court Opinions Filed September 23, 2016
CommScope Credit Union v. Butler & Burke, LLP
Whether defendant owed a fiduciary duty to plaintiff when defendant audited plaintiff's financial statements; whether plaintiff is barred from recovery by the doctrines of contributory negligence and in pari delicto.
Holt v. NCDOT
Action under the State Tort Claims Act to recover for wrongful deaths resulting from a motor vehicle collision at an intersection; appeal from Industrial Commission's decision and order awarding damages to decedents' estates; whether DOT's failure to install a traffic signal at the intersection was a proximate cause of the wreck; whether the intentional acts of the drivers of two speeding vehicles that directly caused the collision insulated DOT from liability.
In re C.L.S.
Whether the trial court's findings of fact supported its conclusions of law that respondent-father's parental rights should be terminated under N.C.G.S. § 7B-1111(a)(1), (a)(2), and (a)(5).
State v. Anderson
Appeal from conviction for common law obstruction of justice, as elevated to a felony under N.C.G.S. § 14-3(b); whether the trial court erred in denying defendant's motion to dismiss based on insufficient evidence.
State v. Collins
Whether the Court of Appeals majority erred in affirming the trial court's denial of defendant's motion to suppress evidence obtained via a strip search.
State v. Nkiam
Whether a noncitizen who pleaded guilty to a deportable crime but claimed that he was not correctly advised by counsel of the immigration consequences of his plea should be allowed to withdraw it; application of U.S. Supreme Court's decision in Padilla v. Kentucky.
Supreme Court Opinions Filed August 19, 2016
Duke Energy Carolinas, LLC v. Gray
Whether the six-year statute of limitations on lawsuits alleging injury to incorporeal hereditaments barred plaintiff's action to enforce its easement rights against an alleged encroachment by defendant.
E. Carolina Reg'l Hous. Auth. v. Lofton
In applying federal housing and case law, whether a public housing authority must exercise discretion in pursuing eviction of tenant for a lease violation; whether proof that eviction is not unconscionable is required in a summary ejectment proceeding under North Carolina law.