Appellate Court Opinions
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15,488 Appellate Court Opinions
Court of Appeals Published Opinions Filed July 6, 2021
Anton v. Anton
summary judgment, claim of undue influence over settlor of trust, abandonment of issues on appeal
Barrow v. Sargent
denial of request for special jury instruction proper; jury instructions concerning motor vehicle negligence; no abuse of discretion where trial court required admission of additional deposition excerpts pursuant to N.C. Gen. Stat. ? 1A-1, Rule 32(a)(5).
Henderson v. Wittig
Modification of child custody, circumstances existing at the time of initial custody order, substantial change of circumstances, effect on the minor child, and findings of fact.
In re: B.H.
Permanency planning order; appointment as guardians; N.C. Gen. Stat. § 7B-600(c) (2019); N.C. Gen. Stat. § 7B-906.1(j) (2019); understanding of legal significance; collective understanding; sufficiency of findings
In re: H.P., I.S., J.S.
competent evidence; neglect; dependency; adjudication; findings of fact
McElhaney v. Orsbon & Fenninger, LLP
appeal of order denying summary judgment on election of remedies defense dismissed as interlocutory; interlocutory order denying summary judgment on collateral estoppel defense affected a substantial right and was immediately appealable; collateral estoppel did not bar plaintiffs? claims where defendants failed to show that the issue was actually and necessarily decided in the preceding action.
Mobile Imaging Partners of N.C., LLC v. N.C. Dep't of Health & Hum. Servs.
State Medical Facilities Plan; Certificate of Need Act; Administrative Law Judge; whole record test; agency deference; NCGS sections 131E-175, -176(16)(f1)(8), - 177(4); -183(a)(1), & -188(b); NCGS sections 150B-2(8a)(k), -51.
Pedlow v. Kornegay
Promissory note and statute of limitations accrual
State v. Barnes
lifetime satellite-based monitoring; petition for writ of certiorari; Rule 2
State v. Beck
issues are whether trial court erred by failing to dismiss one of two conspiracy charges involving the same criminal plot and whether the court abused its discretion by failing to provide the jury with a copy of the transcript of a trial witness
State v. Billings
satellite-based monitoring; relief under Grady III; subject-matter jurisdiction
State v. Brantley-Phillips
Obtaining Property by False Pretense; Sufficiency of Evidence; Fatal Variance of Jury Instructions
State v. Gibson
trial court did not err in denying motion to dismiss where driver's license and social security card were competent evidence of defendant's identity; no notice an opportunity to be heard on the issue of attorney's fees is required when payment is required as a condition of probation under State v. Friend
State v. Gonzalez
Subpoena, telephone service, failure to appear, show cause hearing, and criminal contempt
State v. Hills
Impermissible opinion,
Facial validity of indictment,
Essential elements of crime charged
State v. Logan
Motion to suppress; unreasonable search and seizure; probable cause; four corners of search warrant affidavit; nexus between location and illegal activity at the time warrant was executed
State v. Lowery
Excited Utterance; Lay Opinion
State v. Medlin
Felony obtaining property by false pretenses; special conditions of probation, NCGS 15A-1343(b1); conditions related to offense; child visitation; abuse of discretion.
State v. Scott
Second-degree murder; blood evidence of BAC; remand; Fourth Amendment search and seizure; harmless beyond a reasonable doubt.