Appellate Court Opinions
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15,488 Appellate Court Opinions
State v. Scott
Motion to suppress evidence; Fourth Amendment; traffic stop; weapons frisk; Terry frisk; totality of circumstances; validated gang member; officer's knowledge of prior murder charge; frisk of vehicle; may not raise different theory on appeal; prior record level worksheet; notice of prior record level point for committing a crime while on probation; parole or post-release supervision; waiver of notice of prior record level point.
Court of Appeals Published Opinions Filed January 17, 2023
Dieckhaus v. Bd. of Governors of The Univ. of N.C.
sovereign immunity, implied-in-fact contract, immunity for institutions of higher learning related to COVID-19
Pelc v. Pham
USCIS Form I-864 Affidavit of Support;
Household Size to Determine Financial Support;
Sponsored Immigrant's Income;
Quasi-Contract;
Equitable Damages;
Foreign-Money Claims Act, N.C. Gen Stat. 1C-1820-1834;
Missing Trial Transcript;
Attorney's Fees, N.C. Rev. R. Prof. Conduct 1.5;
SR Auto Transp., Inc. v. Adam's Auto Grp., Inc.
Rule 54(b) certification; substantial right; interlocutory appeal; dismissal
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. Owens
Indecent liberties;
Habitual Felon;
Opening Statement;
Vouching/bolstering;
Plain Error
Court of Appeals Published Opinions Filed December 29, 2022
Askew v. City of Kinston
direct constitutional claims; administrative remedies; exhaustion; subject matter jurisdiction
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
Kozec v. Murphy
Child custody modification; misapprehension of law; authentication and admissibility of child protective services documents.
State v. Aguilar
Motion to suppress; probable cause to search an automobile; totality of the circumstances; negative canine hit.
State v. Boyette
Entry and rendition of judgment, probation revocation, search.
State v. Byrd
motion to suppress properly denied; probable cause supported search warrant; search of a cell phone;
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. McVay
Motion to dismiss, indictment, surplusage, special jury instruction, preservation.
State v. Norris
Instructional error versus fatal variance, solicitation mens rea, failure to intervene.