Appellate Court Opinions
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2,650 Appellate Court Opinions
State v. Verkerk
Motion to suppress evidence of DWI; whether the fireman who stopped defendant's vehicle was acting as a government agent or a private citizen; if the former, whether the stop violated defendant's constitutional rights
Supreme Court Opinions Filed April 11, 2014
Beroth Oil Co. v. N.C. Dep't of Transp.
Interlocutory appeal; whether the trial court erred in denying plaintiffs' motion for class certification of their inverse condemnation claim
State v. Barnes
Whether a person can be convicted of possessing marijuana in a local confinement facility under N.C.G.S. ? 90-95(e)(9) after having been involuntarily brought into the facility following an arrest
State v. Stokes
Whether, after holding that the State presented insufficient evidence to convict defendant of second-degree kidnapping, the COA correctly declined to consider whether defendant committed the lesser included offense of attempted second-degree kidnapping
Supreme Court Opinions Filed March 7, 2014
Gregory v. Pearson
Workers' Compensation; whether plaintiff's decedent, an employee of a temporary agency that assigned him to work at a County facility, was also a County employee under the special employment doctrine
In re E.H.
Whether DSS can voluntarily dismiss a juvenile petition alleging abuse and neglect before an adjudication hearing is held; interpretation of N.C. R. Civ. P. 41(a) in conjunction with N.C.G.S. ? 7B-201(a)
In re Suttles Surveying, P.A.
Whether the N.C. Board of Examiners for Engineers and Surveyors exceeded its statutory authority or violated the due process rights of a licensee and his company by disciplining them for violating the Board's professional conduct rules
State v. Howard
Firearms possession charge; admissibility of evidence under Rule 404(b) about defendant's previous arrest; whether defendant properly preserved the issue he argued on appeal
State v. Joe
On remand; whether trial court erred in granting defendant's pretrial motions to suppress and to dismiss the charge of resisting a public officer
State v. Jones
Whether indictments charging Jones with obtaining property by false pretenses and charging his codefendant with trafficking in stolen identities were properly dismissed by the trial court; whether the State offered sufficient proof of identity theft to support Jones's conviction for that offense
Supreme Court Opinions Filed January 24, 2014
Glens of Ironduff Prop. Owners Ass'n, Inc. v. Daly
Whether the six year statute of repose applicable to a homeowners' association's claim for negligent road construction is tolled by N.C.G.S. ? 47F-3-111(c) until the period of declarant control terminates
In re Blue Ridge Hous. of Bakersville LLC
Exemption of low-income housing project from ad valorem taxation under N.C.G.S. ?? 105-278.6(a)(8) and -277.16
Rutherford Plantation, LLC v. Challenge Golf Grp. of the Carolinas, LLC
Action to recover balance due on a purchase money promissory note and secured by a purchase money deed of trust; trial court's grant of partial summary judgment for amount due on note; whether the trial court made an error of law for which defendant is entitled to amendment of the partial summary judgment order
State v. Whittington
Whether a defendant's Confrontation Clause rights were violated when a witness who did not conduct tests identifying a substance as opium testified to the results of an analysis done by a nontestifying chemist; application of the waiver provisions of N.C.G.S. ? 90-95(g)
Supreme Court Opinions Filed December 20, 2013
In re L.M.T.
Termination of parental rights proceedings; whether the trial court?s permanency planning review order relieving DSS from further reunification efforts with the children?s mother contained sufficient findings of fact to satisfy the requirements of N.C.G.S. ? 7B-507(b)(1)
Samost v. Duke Univ.
Breach of contract claim based on statements in a student handbook; whether the handbook creates an enforceable contract and if so, whether defendant breached it; whether the trial court erred in granting judgment on the pleadings for defendant