Appellate Court Opinions
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15,488 Appellate Court Opinions
N.C. Farm Bureau Mut. Ins. Co. v. Lunsford
Whether the Financial Responsibility Act permits a North Carolina resident who entered into an insurance contract in North Carolina to stack her own underinsured motorist coverage limits with the underinsured motorist coverage limits provided to the tortfeasor under an out-of-state insurance policy.
S. Env't Law Ctr. v. N.C. Railroad Co.
Whether the North Carolina Railroad Company is an agency or subdivision of the North Carolina government as that term is defined in the Public Records Act, N.C.G.S. 132-1.
State v. Allen
Whether the defendant was entitled to an evidentiary hearing on any of the claims asserted in his post-conviction motion for appropriate relief that were summarily dismissed by the trial court. Whether the trial court erred in denying the defendant's other claims after conducting a limited evidentiary hearing on certain claims and a full evidentiary hearing on other claims.
State v. Austin
Defendant appeals from a judgment based on the trial court's alleged insertion of judicial opinion during its jury instructions which defendant argues prejudiced the jury enough to result in a new trial.
State v. Chavez
Failure to provide name of co-conspirator in jury instructions; plain error review of jury instructions; overwhelming evidence to support guilt without naming co-conspirator in jury instructions.
State v. Johnson
Whether reasonable suspicion--necessary to justify a warrantless Terry search of defendant and the area of his vehicle under his direct control--existed where the responding officer testified that, during a traffic stop in a high-crime area at night for a non-moving violation, defendant (1) held his hands outside the driver's window as officers approached his vehicle, (2) appeared nervous in his interactions with the officer, (3) was 'blading' his body when retrieving documentation from the center console, and (4) possessed a criminal record with violent crime and weapons charges.
State v. Shuler
Whether a criminal defendant forfeits their Fifth Amendment right to silence when they give pretrial notice of an affirmative defense under N.C.G.S. 15A-905(c)(1); whether the State is permitted to elicit testimony on a defendant's silence during its case-in-chief for the purposes of impeachment based solely on the defendant's pretrial notice of an affirmative defense.
Wells Fargo Bank, N.A. v. Stocks
When a cause of action accrues for reformation of a deed of trust based on mutual mistake and whether the parties intended a deed of trust to secure a promissory note.
Court of Appeals Published Opinions Filed August 3, 2021
Angarita v. Edwards
trial court did not err by paraphrasing witness testimony in factual finding; record did not support allegation that trial judge showed hostility to party; correction of order by trial court amounted to a merely clerical correction because it added no new substantive requirements to order; ordering a mental health evaluation of a party was within the court's discretion as other relief in an action for a no-contact order; trial court did not err in failing to rule on motion to dismiss that was not served on all parties and movant did not raise at the appropriate time
In re: A.D. & A.D.
Services needed; substantiated; neglected juveniles; clear and convincing evidence; conclusion of law; and finding of fact.
In re: E.A.C., P.A.C., J.M.C., J.C-B.
permanency planning; N.C.G.S. § 7B-906.2; reunification efforts; misapprehension of law
Munoz v. Munoz
child custody; relocation; potential military deployment; N.C. Gen. Stat. 50-13.2(f); statutory construction
Nielson v. Schmoke
Enforcement of foreign judgments; UEFJA
Putnam v. Putnam
Equitable distribution; parties? standard of living during the marriage; alimony.
Sprinkle v. Johnson
alienation of affection and criminal conversation; no notice of trial; due process rights; Rule 2
State v. Abbitt
First-degree murder; felony murder; assault with a deadly weapon; attempted robbery with a deadly weapon; eyewitness identification, NCGS 15A-284.52(d)(3); implicating third parties; suggestive photo lineup; errors in closing arguments; hearsay and relevant evidence; sufficiency of the indictment; non-capital murder.
State v. Burns
Statutory sex offense; element of penetration; labia; victim testimony; insufficient evidence; and motion to dismiss.
State v. Dover
Motion to dismiss; insufficiency of the evidence; speculation; conjecture.
State v. Malone-Bullock
lay-witness opinions; Fifth Amendment right to silence; plain-error review