Appellate Court Opinions
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2,687 Appellate Court Opinions
State v. Land
Whether an indictment charging defendant with delivery of marijuana under N.C.G.S. ? 90-95(a)(1) was fatally defective because it did not state the weight of the marijuana; ineffective assistance claim based on defense counsel's failure to request jury instructions, the omission of which was found not to constitute plain error
State v. Rhodes
Appeal from trial court's order granting defendant's MAR following his convictions; whether trial court abused its discretion in determining that defendant met his burden to establish newly discovered evidence meriting a new trial.
Supreme Court Opinions Filed April 12, 2013
Cedar Greene, LLC v. City of Charlotte
Whether defendant imposed a discriminatory dual rate structure in violation of N.C.G.S. ? 160A-314 when providing solid waste disposal, a public enterprise
Gonzalez v. Worrell
Worker's Compensation; dispute over which workers' compensation insurance carrier is liable for payment to an employee of a subcontractor; application and interpretation of N.C.G.S. ?? 58-36-105 (required notice for cancellation of workers' compensation insurance), 58-36-110 (requirements for notifying policy holder of nonrenewal of insurance), and 97-19 (effect of general contractor?s not obtaining certificate of insurance from a subcontractor) when the subcontractor had workers' compensation insurance at the time of plaintiff's work-related accident
Keyes v. Johnson
Whether an attorney removed from representing a client by the Clerk of Court for a conflict of interest can recover the value of her services in an action based on quantum meruit
State ex rel. Utilities Comm'n v. Att'y Gen.
Appeal from Commission order granting rate increase to electric power company; whether the order was supported by competent, material, and substantial evidence
State v. Carter
Plain error review; whether a defendant convicted of first-degree sexual offense should receive a new trial because the trial court did not also instruct the jury on attempted first-degree sexual offense
State v. Griffin
Motion to suppress evidence related to defendant's arrest for driving while impaired; whether the traffic stop violated defendant's constitutional rights
State v. Miles
First-degree murder (noncapital); whether defendant's motion to dismiss should have been allowed because the State's evidence was insufficient to establish that defendant was the perpetrator of the crime
Supreme Court Opinions Filed March 8, 2013
IMT, Inc. v. City of Lumberton
Enforceability of a privilege tax imposed by the City on companies purportedly engaged in cyber-gambling; whether summary judgment was properly entered for the City on the companies' claim that the privilege tax violates the N.C. Constitution's prohibition on unjust and inequitable taxes.
In re Foreclosure of Bass
Whether petitioner, which was not the original lender named in a promissory note executed by the borrower, was the holder of the note at the time of default and thus had authority to foreclose on respondent's property under the accompanying deed of trust.
Lovette v. N.C. Dep't of Corr.
Whether sentence reduction credits apply when determining the unconditional release dates of inmates who received eighty-year life sentences for commission of second-degree murder and second-degree burglary
Ochsner v. Elon Univ.
Whether campus police arrest records are subject to the N.C. Public Records Act
State v. Ellison
Whether trafficking in prescription tablets and pills that contain an opium mixture classified under Schedule III of the N.C. Controlled Substances Act is punishable under N.C.G.S. ? 90-95(h)(4)
State v. Khan
Whether defendant's Transcript of Plea and Transcript of Plea Hearing were ambiguous regarding the number of crimes for which he stipulated to existence of an aggravating factor
Supreme Court Opinions Filed January 25, 2013
Baysden v. State
Whether the North Carolina Felony Firearms Act, which bars certain felons from possessing firearms anywhere, is unconstitutional as-applied to plaintiff.
Dickson v. Rucho
Whether communications between legislators and attorneys from private firms regarding the 2011 congressional and legislative redistricting plans are protected from discovery by the attorney-client, work-product, or legislative privileges