Appellate Court Opinions
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15,488 Appellate Court Opinions
Court of Appeals Published Opinions Filed September 21, 2021
Aetna Better Health of N.C., Inc. v. N.C. Dep't of Health & Hum. Servs.
Administrative law judge; superior court review; subject matter jurisdiction; NCGS 1A-1, Rule 4(j); late service on parties; NCGS 150B-45 motion to extend; good cause shown; abuse of discretion.
Blanchard v. Blanchard
civil contempt, compliance at time of hearing, purge conditions
Blanchard v. Blanchard
attorney's fees, subject matter jurisdiction, NC Gen Stat 50-13.6
Fox v. Johnson
Malicious prosecution; abuse of process; civil conspiracy; governmental immunity; sovereign immunity; intra-corporate immunity; statute of limitations; motion to dismiss; motion for summary judgment; sufficiency of pleadings; malice; probable cause
Hill v. Boone
Relevant damages evidence used to impeach testimony during liability portion of bifurcated trial; authentication of video via admission; and no limiting instruction requirement absent request.
In re: J.R. & J.C.
Award of guardianship, actions inconsistent with a parent's constitutionally protected status, verification that a guardian understands the legal significance of the appointment, N.C. Gen. Stat. 7B-600, specification of frequency and duration of visits pursuant to N.C. Gen. Stat. 7B-905.1, trial court did not impermissibly delegate judicial authority in award of visitation, findings sufficient to cease reunification efforts.
In re: K.V.
Involuntary Commitment; Dangerousness to Others
Milligan v. Crews
Findings of fact required when trial court sits without a jury in hearing regarding domestic violence protection order; Chapter 50B; Rule 52(a)(1) of North Carolina Rules of Civil Procedure.
Milligan v. Crews
Findings of fact required when trial court sits without a jury in hearing regarding domestic violence protection order; Chapter 50B; Rule 52(a)(1) of North Carolina Rules of Civil Procedure.
State v. Austin
First degree murder; Castle Doctrine, pre-trial determination of Castle Doctrine immunity; rebuttable presumption of imminent death or serious bodily harm; jury instructions
State v. Bradley
First-Degree Murder; Premeditation and Deliberation; Rules 404(b) and 403; Closing Arguments; Motion to Dismiss
State v. Brake
1st and 2d degree forcible rape; 1st and 2d degree forcible sexual offense; inconsistent and contradictory verdicts; DNA evidence; serious personal injury.
State v. Clagon
Incorrect sentence, intimidating witness, jury instructions, motion to dismiss, preservation, State v. Golder, restitution, variance
State v. France
Motion to suppress; Fourth Amendment search and seizure; permissible scope and duration of traffic stop; reasonable suspicion; challenged findings of fact; petition for writ of certiorari; attorneys fees.
State v. Goins
Plain error, Supreme Court interpretation of evidence.
State v. Hooper
Assault by strangulation; possession of a firearm by a felon; communicating threats; interfering with emergency communication; no prior notice to assert self-defense; jury charge conference; jury instruction; invited error.
State v. Johnson
Fourth Amendment Search and Seizure and Consent to Search.
State v. Pierce
Obtaining property by false pretenses valued at $100,000 or more; valuation of property falsely obtained; essential elements of NCGS 14-100.
Taylor v. Hiatt
Easement, gates, remain open, agricultural lands, horses, reasonable use and enjoyment, materially impair, unreasonably interfere.