Appellate Court Opinions
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33,262 Appellate Court Opinions
State v. Soe
trial court did not plainly err in failing to instruct on lesser included offense of common law robbery in trial of conspiracy to commit armed robbery because there was evidence of use of weapon in robbery; defendant thus did not receive ineffective assistance of counsel because of counsel's failure to request instruction unsupported by the evidence
State v. Thompson
motion to dismiss charge of possession of a controlled substance with intent to sell or deliver; packaging of controlled substance, presence of cash and drug paraphernalia, quantity of controlled substance; substantial evidence of Defendant's intent; motion to continue; necessary witness; ineffective assistance of counsel claim
State v. Walker
First-Degree Murder; Premeditation and Deliberation; Motion to Dismiss; Jury Instructions; Self-Defense; Stand Your Ground Instruction
State v. William Baker
probation revocation; subject-matter jurisdiction; N.C. Gen. Stat. 15A-1344(f)
State v. Woodley
1st Degree Murder;
Covid-19 Protocols;
Emergency Directives;
Chief Justices Authority;
N.C. Gen Stat. 7A-39(b)(2)
Superior Court Jurisdiction;
Motion to Continue;
Courtroom Capacity;
Jury Selection;
Ineffective Assistance of Counsel
Stockli v. N.C. Dep't of Pub. Safety
Office of Administrative Hearings; contested case; challenge to award of back pay; inclusion of overtime in back pay calculation
The Ascot Corp., LLC v. I&R Waterproofing, Inc.
North Carolina Rules of Civil Procedure Rule 14; Third-party Practice; Breach of Express Warranty; Breach of Implied Warranty of Merchantability; Indemnity; Contribution; Rule 12(b)(6) Motion to Dismiss
Town of Boone v. Watauga Cnty.
12(b)(1) Motion, Declaratory Judgment, N.C. Gen. Stat. § 105-472
Court of Appeals Published Opinions Filed November 1, 2022
Court of Appeals Unpublished Opinions Filed November 1, 2022
Barry Dean Bodenhamer v. Kelly Brown-Bodenhamer
joint legal custody with primary physical custody of twin children to Father; children's familial and educational support; findings supported by substantial evidence; unchallenged findings; no abuse of discretion in physical custody assignment
Bracey v. Murdock
motion to dismiss; equitable distribution; QDRO; motion to amend; consent order
Cash v. Cash
child support, bad faith
Coles v. Sugarleaf Labs, Inc.
Motion to Compel Arbitration; Revised Uniform Arbitration Act; Federal Arbitration Act; Interlocutory Order; Final Judgment; Appellate Jurisdiction
D.V. Shah Corp. v. Vroombrands, LLC
trial court abused its discretion by denying motion for continuance by pro se party where movant violated or apparently violated numerous local rules in noticing the hearing, failing to notice counterclaims and defenses, improperly serving a summary judgment motion, and improperly serving supporting affidavit and brief
Danny Richard Sullivan v. Triad Hosp.ity Corp. t/d/b/a Quality Inn & Suites v. Blue Diamond Poo
res ipsa loquitur; negligence; motion for summary judgement
Dep't of Transp. v. Mountain Vills., LLC
condemnation action; evidence supports the findings of fact and the findings of fact support the conclusion of law that defendant failed to meet its burden of establishing a prescriptive easement; doctrine of judicial estoppel inapplicable; plaintiff did not take a subsequent factual position that was clearly inconsistent with its earlier position
Edward Winebarger vs. Lana Steen
Child Support; Self-Employment Expenses and Income; Child Support Guidelines
Heidi M. Williams v. Div. of Emp't Sec.
Unemployment claim; dismissal of petition for judicial review; N.C. Gen. Stat. 96-15(h); jurisdictional deadline for service of petition
In re C.M.W.
Standard of Proof; Clear and Convincing Evidence