Appellate Court Opinions
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2,650 Appellate Court Opinions
Beverage Sys. of the Carolinas, LLC v. Associated Beverage Repair, LLC
Following sale of a former family business, whether summary judgment should have been granted for sellers on purchaser's claims for breach of a non-compete agreement and for tortious interference with current and future customer contracts; extent of trial court's authority to revise geographic restrictions in the non-compete covenant.
In re Foreclosure of Brown
Whether petitioner was barred by the ten-year statute of limitations in N.C.G.S. 1-47(3) from initiating a proceeding to foreclose on real property under properly recorded deeds of trust containing a power of sale.
In re M.P.M.
Termination of father's parental rights for neglect of his child based partially on the mother's abuse of four older half-siblings; whether termination of father's parental rights was supported by clear, cogent, and convincing evidence; whether the COA properly affirmed the trial court's conclusion that the father's neglect was continuing and would likely continue in the future.
In re N.T.
Termination of parental rights; whether the trial court lacked subject matter jurisdiction over the case because the juvenile petition initiating the action was not verified as required by law.
Pruett v. Bingham
Whether third-party defendants, a nonprofit corporation under contract with a County to provide fire and rescue services and its employee, should be dismissed from a negligence action on the basis of governmental and public officer immunity; whether third-party defendants adequately pleaded or properly produced documents in support of an immunity defense.
State v. Barnett
Whether the State presented sufficient evidence to show that defendant failed to report a change of address as required under the North Carolina sex offender registration program; whether there was a fatal variance between the indictment and the proof offered at trial.
State v. Crockett
Whether the State presented sufficient evidence that defendant failed to report his change of address as required under the N.C. sex offender registration program.
State v. James
Whether the indictment charging defendant with failure to report his change of address as required under the N.C. sex offender registration program contained a fatal variance.
State v. Miller
State's appeal pursuant to N.C.G.S. 15A-1432 from dismissal of DWI charge; whether the trial court's actions sufficed to establish that an order had been entered sufficient to support the assertion of appellate jurisdiction over this appeal.
State v. Spivey
Whether an indictment charging defendant with a real property crime was fatally defective because it did not allege that the entity that owned the property has the legal ability to own property.
State v. Walters
Whether defendant was deprived of his right to a unanimous jury verdict when the trial court erroneously instructed the jury on an alternate theory to support a conviction for first-degree kidnapping when that theory was not supported by the evidence.
State v. Warren
Whether the trial court erred when it denied defendant's motion to suppress evidence obtained by an allegedly unconstitutional dog sniff.
Supreme Court Opinions Filed January 29, 2016
Irving v. Charlotte-Mecklenburg Bd. of Educ.
Wreck allegedly caused by negligence of driver of school activity bus; whether school activity buses are covered by the State Tort Claims Act under N.C.G.S. 143-300.1.
Lloyd v. Bailey
Action against county sheriff for wrongful discharge based on political considerations; whether sheriff's department employees are 'county employees' entitled to protection under N.C.G.S. 153A-99; whether plaintiff's dismissal violated his rights under the federal or state constitutions; whether summary judgment should have been granted for the sheriff.
McLaughlin v. Bailey
Action against county sheriff for wrongful discharge based on political considerations; whether sheriff's department employees are 'county employees' entitled to protection under N.C.G.S. 153A-99; whether plaintiffs' dismissal violated their rights under the federal or state constitutions; whether summary judgment should have been granted for the sheriff on all claims.
State ex rel. McCrory v. Berger
Appeal from the decision of a three-judge superior court panel sustaining a facial challenge to portions of the Energy Modernization Act and the Coal Ash Management Act of 2014; whether legislative appointment provisions in the Acts violate the appointments clause or the separation of powers clause of the state constitution.
State v. Williams
Whether an indictment charging a registered sex offender with failing to timely register a change of address was fatally defective regarding the timeframe in which he was required to report the address change.
Young v. Bailey
Action against county sheriff for wrongful discharge based on political considerations; whether sheriff's department employees are 'county employees' entitled to protection under N.C.G.S. 153A-99; whether plaintiff's dismissal violated her rights under the federal or state constitutions; whether summary judgment should have been granted for the sheriff.