Appellate Court Opinions
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32,354 Appellate Court Opinions
State v. Hester
series of break-ins at a nonoperational plant; Harbison violation; defense counsel admitted to lesser-included offenses of misdemeanor breaking and entering and misdemeanor possession of stolen goods during closing argument; caught or in the act; remand for evidentiary hearing to determine if Defendant knowingly consented in advance of admissions; remaining claims for ineffective assistance of counsel dismissed without prejudice to filing a motion for appropriate relief below
State v. Kevin Lamont Whiting
Batson three-step process, clearly erroneous standard
State v. McVay
Motion to dismiss, indictment, surplusage, special jury instruction, preservation.
State v. Norris
Instructional error versus fatal variance, solicitation mens rea, failure to intervene.
State v. Reavis
Locational elements of criminal offenses, misdemeanor statement of charges, weapon at a demonstration.
State v. Taylor
Lay Witness Identification; Motion to Dismiss; Sufficiency of the Evidence; Plain Error; Right Against Self-Incrimination
State v. Wilkins
Statutory competency hearing under N.C. Gen. Stat. 15A-1002; distinction between nonwaivable constitutional competency issues and waivable statutory competency issues
Taylor Boyles (now Gas) v. Binny Orrell III
Civil Contempt; Criminal Contempt; Child Custody; Attorney's Fees
Taylor v. Bank of Am., N.A.
motion to dismiss; Home Affordable Mortgage Program; statute of limitations; fraud; date of discovery; question of fact; jury question
Terry v. Pub. Serv. Co. of N.C., Inc.
negligence; negligence per se; warranty of habitability; residential rental agreements act; plaintiff's forecast was sufficient to create jury question as to whether failure to inspect home over 11-year period was reasonable
Timothy C. Morris, GAL for Damir Thompson, alleged minor child of DaQuann Thompson, Deceased, Empl
Industrial Commission, The Workers' Compensation Act, workplace death benefits, acknowledged illegitimate child, substantially dependent child
Wright Constr. Servs., Inc. v. Liberty Mut. Ins. Co.
Attorney-client privilege, interstate subpoena, subject matter jurisdiction.
Court of Appeals Published Opinions Filed December 20, 2022
Court of Appeals Unpublished Opinions Filed December 20, 2022
ADVENTURE TRAIL V. OWENS
Lease provision; summary judgment; subject matter jurisdiction.
Albert Hudson v. Ansle Hudson
trial court properly dismissed claims for intentional infliction of emotion distress and negligent infliction of emotion distress where alleged conduct was not sufficiently outrageous and no specific injury was alleged to have resulted from the alleged conduct
Aleah High v. Wake Chapel Church Inc..
interlocutory appeal, tort claim church and clergy
Alexis Horan v. Steven Horan
equitable distribution; alimony; postseparation support
Anthony F. Skalak v. Jennifer R. Skalak
Post separation support;
Child support;
Interlocutory appeal;
Contempt;
Purging condition;
Competent evidence to support findings;
Autry v. Bill Clark Homes, LLC
Statute of Repose; Negligence; Punitive Damages