Appellate Court Opinions
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15,488 Appellate Court Opinions
State v. Mackey
Forgery;
Uttering;
Obtaining Property by False Pretenses;
Fatal Defect;
Fatal Variance;
Motion to Dismiss;
Unpreserved Issues on Appeal;
Sufficiency of the State's evidence under State v. Golder, 374 N.C. 238, 246, 839 S.E.2d 782, 788 (2020);
Statutory Right to Recordation;
N.C. Gen Stat. ? 15A-1241;
Private Bench Conferences;
State v. Monroe
statute authorizing punishment of second-degree murder as a class B1 felony under two of three definitions of malice was not ambiguous, and sentencing defendant as a B1 felony offender was not error where jury unanimously found by special verdict form that all three forms of malice had been proven by the state
State v. Scarboro
no plain error where trial court defined sexual act to include disjunctive acts
State v. Smith
Hearsay; Confidential informant; Surveillance video; Computer-generated time and date-stamp on video; Plain error; Computer records.
Sullivan v. Woody
Grandparent Visitation;
Attorney's Fees under N.C. Gen. Stat. § 50-13.6;
Appellate Attorney's Fees under Rule 34 of the North Carolina Rules of Appellate Procedure;
Prior Appeal;
State Bar Rule 1.5;
Required Finding of Fact;
Failure to Follow Mandate on Remand;
Supreme Court Opinions Filed December 16, 2022
C Invs. 2, LLC v. Auger
Whether North Carolina's Real Property Marketable Title Act exempts all restrictive covenants pertaining to a general or uniform scheme of development that restricts property to residential use.
Cedarbrook Residential Ctr., Inc. v. N.C. Dep't of Health & Hum. Servs.
Whether plaintiffs Cedarbrook Residential Center and Fred Leonard stated valid claims for negligence on the part of defendant North Carolina Department of Health and Human Services based upon the manner in which it inspected and took regulatory action against plaintiffs' adult care facility, whether any such claim is barred by sovereign immunity, and whether the public duty doctrine is available to defendant as an affirmative defense.
Harper v. Hall
Whether the trial court properly rejected the General Assembly's Remedial Congressional Plan and accepted the General Assembly's Remedial House Plan and Remedial Senate Plan.
Holmes v. Moore
Whether the trial court's order finding that a law imposing a photo identification requirement for voters violates the equal protection guarantee of Art. I section 19 of the North Carolina Constitution was supported by evidence in the record and properly applied governing legal standards.
In re C.G.
Whether the record evidence and the trial court's findings of fact support its decision that respondent should have been involuntarily committed for additional inpatient mental health treatment.
In re C.G.F.
Whether the trial court violated respondent's due process right to an impartial tribunal in an involuntary commitment proceeding when the State did not appear and the trial court elicited evidence to support committing respondent.
In re Custodial Law Enf't Recording
Whether the trial court abused its discretion in denying, without explanation, the city's Motion to Modify Restrictions.
In re E.M.D.Y.
Whether the trial judge violated respondent's due process right to an impartial tribunal in an involuntary commitment proceeding by calling a witness and eliciting testimony to support committing respondent when counsel for the State did not appear.
In re J.R.
Whether the trial court violated respondent's due process right to an impartial tribunal in an involuntary commitment proceeding when the State did not appear and the trial court elicited evidence to support committing respondent.
In re K.P.
Whether the trial court properly verified that a juvenile's permanent custodial placement (1) understood the legal significance of the child's placement within the home and (2) possessed the appropriate resources to serve as a permanent placement. Whether the trial court properly eliminated reunification as a permanent plan.
In re L.Z.S.
Whether respondent-parent's counsel was properly allowed to withdraw when, under the totality of the circumstances, the record reflected no notice to respondent-parent that his counsel could withdraw based upon his failure to appear at permanency planning hearings.
In re Q.J.
Whether the trial court violated respondent's due process right to an impartial tribunal in an involuntary commitment proceeding when the State did not appear and the trial court elicited evidence to support committing respondent.
In re R.S.H.
Whether the trial court violated respondent's confrontation right by incorporating the report of a non-testifying physician into its findings of fact and whether the trial court's findings were sufficient to support its involuntary commitment order.
McAuley v. N.C. A&T State Univ.
Whether a deceased employee's prior filing of a workers' compensation claim is sufficient to invoke the Industrial Commission's jurisdiction over a dependent's subsequent claim for death benefits under N.C.G.S. 97-24.