Appellate Court Opinions
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32,728 Appellate Court Opinions
Padilla v. Whitley de Padilla
child custody; visitation rights; mental health; order for modification; primary physical custody; parental rights; substantial evidence; de novo; substantial and material change; minor children; beneficial circumstances; adverse circumstances; positive change; best interest of the child; children?s welfare; abuse of discretion.
Privette v. NC State Bd. of Dental Exam'rs
professional licensing and North Carolina Administrative Procedure Act; revocation of license to practice dentistry; fraud, deceit, and misrepresentation and standard of care issues
Quackenbush v. Groat
motion to dismiss; Chapter 50B
Register v. Wrightsville Health Holdings, LLC
arbitration and alternative dispute resolution; existence of a contract creating an enforceable right to arbitration; waiver of the right to arbitration
Scroggs v. Tractors On The Creek, LLC
motion to set aside default judgment; failure to attack default judgment at trial precludes review on appeal
Smith v. Smith
attorney's fees incurred in child support claim; insufficient means to defray legal expenses; good faith of interested party; refusal to pay adequate child support; insufficient findings to support award of attorney's fees
Spencer v. Aughtry
trespass/encroachment; boundary dispute; implied dedication of road right-of-way to public; deeds void for vagueness of description
State of NC v. Shkut
Mootness; public importance exception; motion for sanctions; proper grounds for sanctions
State v. Bernicki
first-degree murder; competency; incapacity; abuse of discretion; jury selection; capacity; malingering; jury charge; reading of instructions; clerk; ex mero motu; nonprejudicial; failure to intervene
State v. Blagg
PWISD, Motion to Dismiss
State v. Burgess
mistrial, Rule of Evidence 601(b), Intoxicated witness
State v. Bynum
Waiver of Counsel, Forfeiture of Counsel
State v. Diop
first-degree murder; second-degree murder; insufficient evidence; premeditation; deliberation; motion to dismiss; substantial evidence; legal provocation; direct evidence; circumstantial evidence; grossly excessive force; headlock; malice; express hatred; inherently dangerous act; failure to instruct jury; involuntary manslaughter; preservation; Rule 10; custodial statement; pretrial motion
State v. Faulk
Robbery with a dangerous weapon; Denial of motion to dismiss; Sufficiency of evidence of use of dangerous weapon; Guilty plea to habitual felon status; Required statutory colloquy under N.C. Gen. Stat. § 15A-1022
State v. Green
Jury instructions; actual possession; constructive possession
State v. Greene
Drug-trafficking; search and seizure; confidential informant; motion to suppress; reasonable suspicion; probable cause; factors of reliability; search warrant; warrant exception; automobile exception
State v. Higginbotham
motion to suppress - probable cause; DWI; N.C.G.S. § 20-138.1
State v. Holt
Obtaining property by false pretenses; Jury instruction; Plain error.
State v. Lane
motion for appropriate relief - ineffective assistance of counsel test and plain error standard; frivolous claims
State v. McClure
ineffective assistance of counsel, necessary defense, voluntary intoxication