Appellate Court Opinions
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32,354 Appellate Court Opinions
State v. Cox
second-degree murder; Rule 404(b); jury instructions
State v. Davis
1st Degree Murder;
Attempted First Degree Murder;
Arson;
Felony Murder;
Premeditation and deliberation;
Sufficiency of indictment;
Rules 401, 402, 403, 404(b);
Transferred Intent;
Prior Bad Acts;
State v. Duncan
motion to suppress; traffic stop; reasonable suspicion; medically canceled driver's license; search incident to arrest
State v. Graham
Dismissal of unnecessary petition for writ of certiorari; N.C. Gen. Stat. 15A-1222 and 15A-1232; fair and clear jury instructions taken as a whole; DNA and fingerprint evidence; insufficient expert testimony under Rule 702(a)(3); no prejudicial error in admission of expert testimony; habitual breaking and entering status offense as a Class E felony; no clerical error on written judgment.
State v. Massey
Rule 404(b) prior bad act evidence; motion to dismiss N.C.G.S. 90-108(a)(7)
State v. Messer
Breaking or entering; N.C. Gen. Stat. 14-54(a); felonious larceny; restitution award; definite and certain stipulation; motion to dismiss; sufficiency of the evidence; intent to commit larceny.
State v. Owens
Indecent liberties;
Habitual Felon;
Opening Statement;
Vouching/bolstering;
Plain Error
State v. Thomas
Confrontation Clause; preservation; general objection
Young v. City of Durham
minor special use permit; quasi-judicial decision; competent, material, and substantial evidence in the record; review factors; sufficient findings of fact; exclusion of witness testimony
Court of Appeals Published Opinions Filed December 29, 2022
Court of Appeals Unpublished Opinions Filed December 29, 2022
Askew v. City of Kinston
direct constitutional claims; administrative remedies; exhaustion; subject matter jurisdiction
Bates v. Staples, Inc.
Affirm; N.C. R. Civ. P. 5(b)(2); Rule 55; default judgment; issue preservation; summary judgment; 42 U.S.C. 1981; 42 U.S.C. 1983; state action, discrimination
Carolyn Louise Gunn Testamentary Tr. v. Bumgardner
Obstruction of an easement; abandonment; scope of easement; permanent injunction; authority of trial court to consider balance of equities or relative hardship when issuing injunctive relief in property cases
Dr. Suriya Jayawardena v. Dr. Matthew A. Daka.
Summary judgment; shareholder dispute; buy-out provisions in shareholder agreement; valuation of shares in medical practice; breach of fiduciary duty claim
Estate Henry Wyer vs Alamance Reg'l Med. Ctr.
Rule 9(j), Rule 12(b)(6), res ipsa loquitur, medical malpractice, breach of contract, N.C.G.S. s. 90-21.11.
Estate of Keith Scott v. City of Charlotte .
Shooting by law enforcement officer; public official immunity; interlocutory appeal; pendent appellate jurisdiction
Estate of Zamarie Chance v. Fairfield Inn and Suitesl
Rule 56 of the North Carolina Rules of Civil Procedure; summary judgment; appellate rules violations; wrongful death action; negligence; duty of care for innkeeper; special relationship establishing duty; no substantial evidence showing the essential element of breach of duty; no genuine issue of material fact.
Gantt Constr. v. City of Hickory
summary judgment; Rule 41(a); voluntary dismissal; relation back; same parties; statute of limitations.
Gehrke vs. Gates at Quail Hollow HOA, LTD
Summary judgment; condominium association; application of declaration provisions governing association's payment obligations for repair work