Appellate Court Opinions
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32,354 Appellate Court Opinions
State v. Hales
Pro se defendant-appellant; violation of a local ordinance, N.C. Gen. Stat. 14-4; trial court's improper application of statutory sentencing requirements; motion to dismiss for selective prosecution; motion to suppress evidence.
State v. Johnson
Postconviction DNA testing; NCGS 15A-269(a); law of the case; sworn affidavit; no showing of different result.
State v. Julius
Motion to suppress, 4th amendment search; identity of driver; probable cause; reasonable suspicion; search incident to arrest; jury instructions.
State v. Kelly
Sentencing; out-of-state convictions, substantial similarity to North Carolina offenses
State v. McCrae
conspiracy to commit murder, motion to dismiss, opinion testimony, jury instructions
State v. Melvin
Armed robbery; kidnapping; conspiracy to commit armed robbery; joint trial; denial of motion for severance; conflicting evidence presented by co-defendants; determination of prejudice
State v. Moore
Plain Error, lesser included offense, State's closing argument
State v. Murdock
Motion to Suppress; Fourth Amendment; Reasonable Expectation of Privacy; Executing Writ of Possession
State v. Murphy
probation, suspended sentence, possession of drug paraphernalia, possession of marijuana drug paraphernalia, new crime, abuse of discretion
State v. Overcash
Rule of Completeness, Preservation, Prejudice
State v. Pettiford
Probation; revocation; misdemeanor breaking or entering; competent evidence; and abuse of discretion.
Vizcaino v. Am. Emerald Transp. Servs., Inc.
Worker's Compensation Act; Insurance Guaranty Act; covered claim; estoppel; N.C. Gen. Stat. 97-19.1; ancillary jurisdiction of the Industrial Commission; reimbursement
Court of Appeals Published Opinions Filed February 15, 2022
Court of Appeals Unpublished Opinions Filed February 15, 2022
Abernathy v. Mission Health Sys., Inc.
Summary judgment; elements of Retaliatory Employment Discrimination Act (REDA) claim; employer-employee relationship
Bryant v. Wake Forest Univ. Baptist Med. Ctr.
medical malpractice; object left in body during surgery; summary judgment was proper on claims for actual and constructive fraud because there was no evidence of deceptive intent or fiduciary relationship between physician and patient; res ipsa loquitor did not apply because elements of both standard of care and breach required expert testimony; summary judgment on medical malpractice claim was proper because four-year rather than ten-year statute of limitations applied because evidence was uncontroverted that object left in body was intended to be left in body permanently for purpose of medical treatment; punitive damages claim failed where all other claims did not withstand summary judgment
Cecil Holcomb Renovations, Inc. v. L. Firm of Wilson & Ratledge, PLLC
trial court did not abuse its discretion in disqualifying counsel based on violation of Rule 4.2 of Rules of Professional conduct; trial court had subject matter jurisdiction over counterclaim for unpaid legal fees despite absence of a notification regarding state bar's fee dispute resolution program; trial court did not err or abuse its discretion by excluding certain evidence of billing practices
Coghill v. Brown
Summary ejectment; summary judgment; month-to-month tenancy
Cty. of Mecklenburg v. Ryan
Service of process; notice; due diligence; real property; good faith purchaser; tax lien; tax collector; right of redemption; redemption; disability; email; petition for writ of certiorari; default judgment; confirmation of sale; upset bids; foreclosure; commissioner's deed; N.C. Gen. Stat. § 105-361; restitution
Dep't of Transp. v. Bloomsbury Est., LLC
Summary judgment; motion to consolidate; expert opinion of valuation; NCGS 47C-117(b); NCGS 47C-1-107; NCGS 1A-1, Rule 42(a); NCGS 136-108.