Appellate Court Opinions
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32,354 Appellate Court Opinions
State v. McKoy
? Motions to dismiss
? First-degree murder; robbery with a dangerous weapon; discharging a firearm within city limits in violation of local ordinance
? Conflicting evidence of self-defense
? Substantial evidence of premeditation and deliberation
? Taking of weapon and murder were so linked in time to constitute a continuous transaction
? Failure to introduce city ordinance in evidence
State v. Milton
Cyberstalking; plain error; challenge to admission of evidence excluded by prior ruling on motion in limine; unpreserved challenge to prosecutor's statements during jury selection
State v. O'Neal
no abuse of discretion where trial court refused to admit evidence of the victim's mental illness because prosecution witness's testimony about victim's mental health was summary and did not open the door to an entirely new line of inquiry on the subject
State v. Phifer
motion to suppress, petition for writ of certiorari, Fourth Amendment search
State v. Ramirez
Bail forfeiture; voluntary dismissal; sanctions; Rule 41
State v. Taylor
Sexual exploitation of a minor; statutory sex offense; lifetime SBM; writ of certiorari; Rule 2; NCGS 7A-451(a)(18); ineffective assistance of counsel.
State v. Williams
Rule 702 of evidence; Review for plain error; Abuse of discretion; Petition for Writ of Certiorari
Williams v. Reardon
Challenge to decades-old covenants in residential subdivision; Real Property Marketable Title Act; exception for covenants that are part of a scheme of development and that restrict the property to residential use only, or more narrowly to multi-family or single-family residential use only; statutory construction
Court of Appeals Published Opinions Filed May 18, 2021
Court of Appeals Unpublished Opinions Filed May 18, 2021
Belmont Ass'n, Inc. v. Farwig
N.C. Gen. Stat. 22B-20; restrictive covenant; summary judgment; statutory interpretation.
Benson v. Prevost
easement, map, driveway, boat, deed, parking, conveying, conveyance, depicted, recorded, slips, ingress, parties, egress, attorney's fees, easement rights, reasonable use, trial court, interfere, rights, gate, summary judgment, right to use, purchaser, adjacent, appears, feet
C Invs. 2, LLC v. Auger
Challenge to decades-old covenants in residential subdivision; Real Property Marketable Title Act; exception for covenants that are part of a scheme of development and that restrict the property to residential use only, or more narrowly to multi-family or single-family residential use only; statutory construction
DiPrima v. Vann
trial court erred by (1) failing to make findings of defendant's intent before entering no-contact order; (2) considering conduct that did not occur in NC; and (3) basing its order on incidents when defendant was not sixteen years of age
Exec. Off. Park of Durham Ass'n, Inc. v. Rock
Non-judicial power of sale foreclosure; order of sale; redemption payment; fees, fines and interest; NC Unit Ownership Act NCGS sec. 47A; NC Condominium Act NCGS sec. 47C.
In re J.C.
trial court's inquiry into potentially incompetent parent's need for a guardian ad litem; waiver of constitutionally protected parental status issue on appeal; necessary findings regarding supervised visitation costs.
Miles v. Nano-Tex, Inc.
Workers compensation; res judicata; occupational disease.
Miller v. Carolina Coast Emer. Physicians, LLC
Time for filing cross-appeals under Rule of Appellate Procedure 3(c)(3); Motions to Tax Costs and General Appearances; Relation back of defenses; Rule 9(j) Motions to Dismiss; Exclusion of Medical Malpractice Experts under Rule of Evidence 702 and N.C. Gen. Stat. 90-21.12; Summary Judgment
Murray v. Deerfield Mobile Home Park
Summary judgment; motion to amend counterclaims; severability of land sales contract; option contract; consideration; specified date; statute of frauds; marital interest.
State v. Bell
jury instructions