Appellate Court Opinions
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32,354 Appellate Court Opinions
Johnson v. Gyurisko
Modification of Child Custody; Substantial Change of Circumstances; Findings of Fact; and Pure Legal Custody.
Johnston v. Pyka
partial summary judgment; breach of contract; specific performance; implied warranty of habitability; summary ejectment; tortious interference with contract; fraud
Kluttz-Ellison v. Noah's Playloft Preschool
worker's compensation; full commission did not abuse its discretion in allowing claimant's motion to submit additional evidence where good grounds existed for granting motion and Form 44 put defendants on notice of material aggravation theory; bariatric surgery was directly related to work injury that required right knee surgery and thus compensable where right knee surgery could not be safely performed before substantial weight loss that would result from bariatric surgery
Maiwald v. Maiwald
Interlocutory, substantial right, and appointment of expert appraiser
McKernan v. E. Carolina Univ.
Nonjurisdictional Appellate Rules Violation; Rule 28(b)(6); dismissal
Mills v. Jackson
Motion to Dismiss Appeal; Rule 12(b)(6) Motion to Dismiss; Malicious Prosecution; Abuse of Process; and Probable Cause
N.C. Farm Bureau Mut. Ins. Co., Inc. v. Hague
Judgment on pleadings; declaratory judgment act; insurance policy; policy exclusions; intentional act; duty to defend/indemnify.
Roark v. Yandle
denial of Rule 60(b) motion; attorney's fees; void judgment
State v. Amator
trafficking, traffic stop, license plate, renewal sticker, Commissioner, DMV, reasonable suspicion, mistake of law, registration card, ambiguous
State v. Ballard
motion for appropriate relief; Brady and Napue claims failed because of lack of probability allegedly wrongfully withheld or intentionally false evidence would have changed result of trial had it not been withheld or introduced; evidentiary hearing was required on ineffective assistance of counsel claim to determine whether failure to investigate key alibi witness prejudiced outcome of trial; gatekeeper order prohibiting the filing of future motions for appropriate relief was erroneous where there was no history of filing successive frivolous motions for appropriate relief
State v. Conner
Fifth Amendment; custodial interrogation; barricaded suspect; and clerical error
State v. Darr
Miranda Rights; interrogation; confession; unambiguous request for counsel; motion to suppress; Fifth Amendment
State v. Davenport
New trial; Motion to Dismiss; Rule of Evidence 404; Limiting Instructions; and Hearsay
State v. Davis
proof of prior felony conviction; jury instruction; felonious possession of marijuana
State v. Graham
Jury instructions; mandatory presumption; attorney-client privilege; motion to compel.
State v. Ireland
special condition of probation; abuse of discretion; N.C.G.S. 15A-1343
State v. Kitchen
Driving while intoxicated; motion to suppress medical record evidence; Fourth Amendment right to be free from warrantless search and seizure; harmless beyond a reasonable doubt; no prejudicial error.
State v. Strickland
solicitation; first-degree murder; lesser included offense; improper closing argument
State v. Taylor
valid indictment; factual basis for plea; sentencing procedures; § 15A-1024