Appellate Court Opinions
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15,488 Appellate Court Opinions
In re: G.W.
Neglected; Substantial risk; Parental rights; Infants; Newborn; Sibling; Injurious environment; Post-petition evidence; Future neglect
In re: J.N.J.
abuse, neglect, and dependency; while some of trial court's findings were unsupported by the record evidence, the court's supported findings supported its adjudications of neglect and dependency
In re: M.C.
Neglect adjudication; clear and convincing evidence; substantial risk of physical, mental, or emotional impairment; status of the child; past social services involvement with other children.
In re: T.D.N.
Permanency planning order; Permanent plan; Reunification efforts; Material Contradictions; Internal inconsistencies; Clerical error; Department of Social Services; DSS
MidFirst Bank v. Brown
secured transactions; execution on lien by sheriff's sale extinguished liens recorded after sale; sheriff's deed did not control what encumbrances remained on property; equitable subrogation did not apply to place holder of lien recorded after sheriff's sale in the position of prior lien holder where judgment was publicly recorded before loan transaction was consummated; lien holder could not have been excusably ignorant of prior lien, despite misrepresentation regarding judgment by debtor
Radiance Capital Receivables Twenty One, LLC v. Lancsek
writ of execution, Section 1-358, Section 1-360, N.C.R. App. P. 10(a), Section 1-362
Ricky Spoon Builders, Inc. v. EmGee, LLC
no full compliance where Plaintiffs did not deposit an earnest money deposit before the Agreement expired on 3 November 2020 at 5:00 p.m.; no substantial performance where the envelope containing the earnest money deposit was post-marked 5 November 2020 and received 16 November 2020.
Rollings v. Shelton
domestic violence protective order (DVPO), motion to dismiss, act of domestic violence, causing bodily injury
State v. Bailey
writ of certiorari, probation, Rule 2, abuse of discretion
State v. Fabian
First-Degree Sexual Offense with a minor;
Statutory Rape of a Child;
Indecent Liberties;
Motion to Dismiss;
Failure to Object;
Plain Error Review;
Rule404(b) - similar victims;
Rule 403
Vouching;
Defendant's Admissions;
Prosecutor's Remarks During Closing Arguments;
Ineffective Assistance of Counsel
State v. Noffsinger
First-degree murder; double jeopardy; Blockburger test; Diaz exception; due process.
State v. Perkins
indictment identifying victim by initials and date of birth were facially valid; a majority of the court issues a petition for certiorari per opinion; one judge would affirm the satellite-based monitoring orders; one judge would dismiss portion of appeal related to satellite-based monitoring order; and one judge would hold that court lacked jurisdiction to review satellite-based monitoring orders
State v. Tripp
Double jeopardy; Fifth amendment; Substantive due process; Fourteenth amendment; Child abuse conviction and subsequent prosecution for murder; Elements of murder; Blockburger test; Same-Elements Test; Diaz v. United States; Diaz Exception; Double jeopardy exception; Same Conduct Test; Statute of limitations; States may afford greater protections than U.S. Constitution; Law of the Land clause
State v. Walters
motion to suppress, plain error, hemp, Fourth Amendment
Court of Appeals Published Opinions Filed November 15, 2022
Abdo v. Jones
Discovery Violations; Rule 37 Sanctions
Eidson v. Kakouras
Child Support, substantial change of circumstances, stipulation, past-due support
Haidar v. Moore
N.C. Gen. Stat. 50C no-contact order, written findings of fact required
In re: B.S.
remand was required where trial court failed to conduct the statutorily required inquiry for a respondent in an involuntary commitment proceeding who chose to proceed pro se; court was required to inquire into the respondent's age, mental condition, education, and the extent to which the respondent understood the complexity of the case
State v. Hawkins
Rape of a Child;
Appellate Rules Violations;
Appellate Rules 2,3,4 and 10;
Defective Notice of Appeal;
Petition of Writ of Certiorari;
Showing of Merit and Prejudice;
Exclusion & Limitation of Expert Witness testimony;
Abuse of Discretion