Appellate Court Opinions
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2,650 Appellate Court Opinions
State v. Lindsey
Whether defendant's motion to dismiss charges of speeding to elude arrest and narcotics possession should have been dismissed because the State's evidence was insufficient to take those charges to a jury
State v. Rico
Whether a defendant who was erroneously sentenced to an aggravated range term under a plea arrangement should simply be resentenced or whether the entire plea agreement must be set aside
Trivette v. Yount
Whether plaintiff's remedy for a workplace injury is limited to filing a claim under the N.C. Workers' Compensation Act; whether defendant is plaintiff's employer or co-employee for purposes of Pleasant v. Johnson
Supreme Court Opinions Filed October 5, 2012
In re Foreclosure of Johnson
Whether a special assessment made by a condominium homeowners association is unlawful and invalid
In re T.A.S.
Motion to suppress; constitutionality of an individual search for contraband that went beyond a student's outer clothing based only on generalized suspicion of all students
McAdams v. Safety Kleen Sys., Inc.
Workers' Compensation; employer admits compensability; whether the Indus. Comm'n made sufficient findings of fact to support its award when the Comm'n's opinion recited conflicting facts regarding the extent of the employee's work-related injuries and his differing accounts of how the accident occurred
State v. Oates
Whether the State filed timely notice of appeal from the trial court's order allowing defendant's motion to suppress
Supreme Court Opinions Filed August 24, 2012
Craft Dev., LLC v Cnty. of Cabarrus
Whether a county's general zoning power authorizes it to enact an adequate public facilities ordinance.
Estate of Erik Dominic Williams v Pasquotank Cnty. Parks & Recreation Dep't
Negligence action for a drowning in a county park; denial of summary judgment for defendants claiming governmental immunity defense; whether park's operation is a governmental or proprietary function
Lanvale Properties v Cnty. of Cabarrus
Whether a county's general zoning power authorizes it to enact an Adequate Public Facilities Ordinance
Mardan IV v Cnty. of Cabarrus
Whether a county's general zoning power authorizes it to enact an adequate public facilities ordinance
Mussa v Palmer-Mussa
Whether the district court properly dismissed plaintiff's action to annul his marriage to defendant for bigamy because plaintiff failed to present sufficient evidence that defendant had been married previously
Supreme Court Opinions Filed June 14, 2012
Charlotte-Mecklenburg Hosp. Auth. v Talford
Action to collect unpaid bill for inpatient care received by defendant; trial court's grant of summary judgment for hospital on the amount due; whether there was a genuine issue of material fact regarding the reasonableness of the charges
Mauldin v AC Corp.
Workers' Compensation; N.C.G.S. § 97-57; whether competent evidence supported Indus. Comm'n's findings on which insurance carrier had the risk for plaintiff?s asbestosis
Moore v Proper
Professional malpractice action; grant of summary judgment in defendants' favor; whether plaintiff's expert witness met the requirements of Rule 9(j)(1)-that he was reasonably expected to qualify as an expert under Rule 702(b).
Ray v N.C. Dep't of Transp.
Negligence action against the State; application of public duty doctrine to DOT's exercise of its mandate to maintain the public roads
State v Barrow
When defendant was charged with first-degree murder, whether the trial court erred in also instructing the jury on second-degree murder; prejudicial effect of testimony from one of several expert witnesses; prejudicial effect of the trial court's failure to give the full pattern jury instruction on determination of aggravating factors