Appellate Court Opinions
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32,354 Appellate Court Opinions
State v. Gilmore
indictment, fatal variance, larceny
State v. Jackson
Alford plea; motion to withdraw plea; ineffective assistance of counsel; Handy factors
State v. Juran
Assault on an emergency personnel; Error; Plain error; Unanimous jury verdict; Jury instruction; Verdict sheet; Evidence; Fatal variance; Indictment; PWC; Motion to dismiss; Sufficient evidence; Substantial evidence; Preservation of fatal variance issue; Object at trial; Motion to dismiss at the close of all evidence; No error
State v. Love
no statutory authority to set aside bond forfeiture under N.C.G.S. § 15A-544.5(f); defendant failed to appear on two or more prior occasions in the case for which the bond was executed; clearly marked release order; actual notice.
State v. MacKay
use of the word "victim," plain error review
State v. Melton
Structural error; Motion to withdraw; Motion for continuance; Court-appointed counsel; Private counsel; Substitution; Sixth Amendment; Ineffective assistance of counsel; Balancing test; Prejudice; Judicial economy; No error
State v. Pica
Possession of firearm by felon; actual possession; constructive possession; incriminating circumstances; sufficiency of evidence; motion to dismiss
State v. Radomski
second amendment, as-applied challenge, mens rea, educational property.
State v. Thomas
Petition for Writ of Certiorari; Satellite-based Monitoring orders; Failure to include order in notice of appeal; Sufficiency of the findings; 404(b) evidence; Prior conviction of a similar nature; Common scheme or plan; Level of supervision; Risk assessment; Static-99R form; Competent evidence to support trial court’s additional findings of fact; Above average risk.
State v. Watrous
Motion to Dismiss; N.C. Gen. Stat. § 90-108(a)(7); Methamphetamine; Paraphernalia; Possession; Constructive Possession; Lay Testimony; No Plain Error.
State v. Wilson
Second-degree kidnapping; N.C. Gen. Stat. § 14-39; Acting in concert; Facilitating the commission of any felony or facilitating flight of any person following the commission of a felony; N.C. Gen. Stat. § 20-166; Felony hit and run; Motion to dismiss; N.C. R. Evid. 403(b).
State v. Young
motion to suppress, Rule 404(b), undisclosed state's witness, conditional discharge
Court of Appeals Published Opinions Filed May 7, 2024
Court of Appeals Unpublished Opinions Filed May 7, 2024
Aguilar v. Mayen
Child custody; Best interests; Findings of fact must support conclusions of law; Sufficiency of the trial court's findings; Consider all relevant factors; N.C. Gen. Stat. § 50-13.2.
Arnold v. Sweyer & Assocs., Inc.
restrictive covenants; summary judgment; involuntary dismissal
Blackmon v. Blackmon
equitable distribution, sanctions, mixed assets, marital fault
Carballo v. Carballo
modification of child custody, best interest, visitation, findings of fact, delegation of judicial authority
DiMuzio v. DiMuzio
Alimony determination; amount and duration; competent evidence; prior post-separation support findings not binding on alimony award; statutorily required findings for N.C. Gen. Stat. § 50-16.3A(b)(8)
Gabbidon Builders, LLC v N.C. Licensing Bd. for Gen. Contractors
administrative law; due process; subpoena; virtual testimony