Appellate Court Opinions
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15,488 Appellate Court Opinions
In re: Stanly Solar, LLC
North Carolina Utilities Commission; Commission's decision prima facie just and reasonable; Deference afforded to Commission's interpretation of statute
John Doe 1K v. Roman Catholic Diocese of Charlotte
SAFE Child Act; S.B. 199; revival provision; three-judge panel of Wake County Superior Court; motion to transfer; res judicata
John Doe v. Roman Catholic Diocese of Charlotte
SAFE Child Act; S.B. 199; revival provision; three-judge panel of Wake County Superior Court; motion to transfer; res judicata
Johnston v. Pyka
partial summary judgment; breach of contract; specific performance; implied warranty of habitability; summary ejectment; tortious interference with contract; fraud
Kluttz-Ellison v. Noah's Playloft Preschool
worker's compensation; full commission did not abuse its discretion in allowing claimant's motion to submit additional evidence where good grounds existed for granting motion and Form 44 put defendants on notice of material aggravation theory; bariatric surgery was directly related to work injury that required right knee surgery and thus compensable where right knee surgery could not be safely performed before substantial weight loss that would result from bariatric surgery
N.C. Farm Bureau Mut. Ins. Co., Inc. v. Hague
Judgment on pleadings; declaratory judgment act; insurance policy; policy exclusions; intentional act; duty to defend/indemnify.
Roark v. Yandle
denial of Rule 60(b) motion; attorney's fees; void judgment
State v. Amator
trafficking, traffic stop, license plate, renewal sticker, Commissioner, DMV, reasonable suspicion, mistake of law, registration card, ambiguous
State v. Ballard
motion for appropriate relief; Brady and Napue claims failed because of lack of probability allegedly wrongfully withheld or intentionally false evidence would have changed result of trial had it not been withheld or introduced; evidentiary hearing was required on ineffective assistance of counsel claim to determine whether failure to investigate key alibi witness prejudiced outcome of trial; gatekeeper order prohibiting the filing of future motions for appropriate relief was erroneous where there was no history of filing successive frivolous motions for appropriate relief
State v. Conner
Fifth Amendment; custodial interrogation; barricaded suspect; and clerical error
State v. Darr
Miranda Rights; interrogation; confession; unambiguous request for counsel; motion to suppress; Fifth Amendment
State v. Graham
Jury instructions; mandatory presumption; attorney-client privilege; motion to compel.
State v. Kitchen
Driving while intoxicated; motion to suppress medical record evidence; Fourth Amendment right to be free from warrantless search and seizure; harmless beyond a reasonable doubt; no prejudicial error.
State v. Strickland
solicitation; first-degree murder; lesser included offense; improper closing argument
Tutterow v. Hall
Underinsured motorist coverage; Motor Vehicle Safety and Financial Responsibility Act; N.C. Gen. Stat. § 20-279.21(b)(4); calculation of coverage when there are multiple underinsured tortfeasors and multiple applicable UIM policies; statutory construction
Upchurch v. Harp Builders, Inc.
civil procedure; pleading; counterclaim asserted outside statute of limitations did not relate back to plaintiff's complaint; most recent intermediate appellate court precedent controls over prior inconsistent precedent of same court
Court of Appeals Published Opinions Filed April 19, 2022
In re: A.J.D., Jr.
Involuntary Commitment Order; Sufficiency of Findings of Fact; Expert Witness Testimony; Preservation of Error; Hearsay
In re: J.A.D.
Extortion, material information in charging instruments, physical violence not required for true threats, fatal variance in proof, written findings required under N.C. Gen. Stat. 7B-2411, 7B-2501(c).
Moye-Lyons v. N.C. Dep't of Pub. Instruction
North Carolina Industrial Commission; workers compensation claim; timely filed claim; two-year limitation period; mental incompetency; jurisdiction; subject matter jurisdiction; employment; social security disability claim; representative payee; incompetency adjudication hearing; involuntary commitment; N.C. Gen. Stat. § 97-24(a); N.C. Gen. Stat. § 35A-1101; N.C. Gen. Stat. § 35A-1102; time-barred pursuant to N.C. Gen. Stat. § 97-50; 42 U.S.C. § 416(i).