Appellate Court Opinions
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15,488 Appellate Court Opinions
Cash v. Cash
child support, bad faith
Coles v. Sugarleaf Labs, Inc.
Motion to Compel Arbitration; Revised Uniform Arbitration Act; Federal Arbitration Act; Interlocutory Order; Final Judgment; Appellate Jurisdiction
D.V. Shah Corp. v. Vroombrands, LLC
trial court abused its discretion by denying motion for continuance by pro se party where movant violated or apparently violated numerous local rules in noticing the hearing, failing to notice counterclaims and defenses, improperly serving a summary judgment motion, and improperly serving supporting affidavit and brief
Dep't of Transp. v. Mountain Vills., LLC
condemnation action; evidence supports the findings of fact and the findings of fact support the conclusion of law that defendant failed to meet its burden of establishing a prescriptive easement; doctrine of judicial estoppel inapplicable; plaintiff did not take a subsequent factual position that was clearly inconsistent with its earlier position
LouEve, LLC v. Ramey
Petition for a writ of certiorari; content of notice of appeal; notice of hearing; compliance with trial court's general rules of practice; Rule 60(b); abuse of discretion
State v. Ambriz
speedy trial, motion to dismiss, trafficking, Barker v. Wingo
State v. Edwards
Indictment, sufficiency, larceny, schools, board of education, MAR
State v. Kelly
unpreserved error: defense did not move to strike officer's nonresponsive opinion testimony; officer's nonresponsive opinion testimony was not plain error; state produced sufficient evidence that defendant was the perpetrator; double jeopardy: armed robbery of two employees of the same store supports judgment for only a single armed robbery.
State v. Lucas
Motion to suppress; warrantless search pursuant to N.C. Gen. Stat. 15A-1343(b)(13); reasonable belief as to probationer's premises; search directly related to probationer's probation supervision; implied consent to search; facial challenge of search warrant affidavit; sufficient showing of probable cause.
State v. Moore
no per se ineffective assistance of counsel where Defendant previously consented to counsel's strategy of arguing self-defense and arguing for lesser-included offenses; no ineffective assistance of counsel claim where Defendant consented to self-defense strategy and called only one defense witness; no prejudicial error where the trial court admitted certain opinion evidence of a detective
State v. Tabb
Possession and Distribution of Illegal drugs;
U.S. Constitution 4th Amendment;
Search and Seizure;
N.C. Constitution Article 1, §20;
Stationary vehicle;
Reasonable Suspicion;
Detention of individual;
Plain view;
Industrial Hemp;
Probable cause
State v. Teague
postal interdiction; motion to suppress; waiver of appellate review; Industrial Hemp Act; motion to dismiss; lay opinion testimony; identification of marijuana as a controlled substance; conspiracy; statements of a co-conspirator
The N.C. State Bar v. Megaro
adequate evidence to support the DHC's findings of fact, and the findings of fact adequately support the conclusions of law where Defendant entered into a representation agreement with brothers who did not have the capacity to understand the agreement due to their low IQs and adaptive functioning deficits
Court of Appeals Published Opinions Filed October 18, 2022
In re: D.S.
neglect, dependency, adjudication, juvenile, Rule 3.1
Kelly v. State of N.C.
Opportunity Scholarship Program; Lower-income families may receive scholarships from the State to attend private school; Constitutional challenge; As-applied challenge; Facial challenge; Subject matter jurisdiction; Breadth of the remedy requested, not what is pleaded in the complaint, is controlling in determining whether the challenge is facial or as-applied.
Ladd v. Funderburk
Governmental immunity; Qualified immunity; Governmental in nature vs. Proprietary in nature; N.C. Gen. Stat § 160A-296; Affirmative duty; Roadway obstructions; Tree ordinance; Waiver of governmental immunity; Liability insurance; Insurance policy effect on the defense of governmental immunity; N.C. Gen. Stat. § 153A-435; Summary judgment.
N.C. Farm Bureau Mut. Ins. Co., Inc. v. Carpenter
Legionnaire's Disease; Insurance Policy's Fungi or Bacteria Exclusion; Insurance Policy's Consumption Exception; Summary judgment; Interlocutory appeal; Construction and interpretation of an insurance contract is a question of law; Insurer's duty to defend; Duty to indemnify.
Neeley v. Fields
Legal malpractice; easements of record; construction of deeds
State v. Booth
no plain error where an officer testified to the contents of a search warrant and the search warrant/affidavit were entered into evidence; motion to dismiss properly denied where there was sufficient evidence that the green leafy substance seized was marijuana