Appellate Court Opinions
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33,453 Appellate Court Opinions
State v. Powell
certiorari, attorney?s fees, restitution order, opportunity to be heard
State v. Scott
amendment of indictment was permissible because indictment was facially valid and amendment did not add any previously omitted essential element of the offense charged, resulting in a substantial alteration; proof of sexual activity by a substitute parent or custodian does not require that person who assumed position of a parent reside in the home with the minor victim; consistent distinction between predicate acts for two counts of sexual activity by a substitute parent in jury instructions and verdict sheets demonstrated that jury verdicts were unanimous, though distinguishing between the predicate acts in the verdict sheets was not required; indictment charging multiple counts of a single crime based on distinct predicate acts was not multiplicious; distinct sexual acts occurring during the same sexual encounter can provide the basis for multiple charges of sexual activity by a substitute parent or custodian; trial court did not abuse its discretion by imposing consecutive rather than concurrent sentences
State v. Takiea Nicole Tull
no violation of the right to confrontation occurred during probation violation proceeding; ineffective assistance of counsel claim failed where there was no showing that counsel's performance was deficient; trial court did not abuse its discretion in finding that the defendant willfully failed to pay monies owed as a condition of probation
State v. Torrey Jermaine Grady
Relevance, undue prejudice, substantially outweighed, improper closing statement, caretaker abuse, manipulation by defendant
State v. Vann
first-degree murder, gun, self-defense, defense of another, verbal threats, character evidence, excluded evidence
State v. Williams
Waiver of right to assistance counsel; N.C. Gen. Stat. ?? 15A-942, 15A-1242; and new trial
Warner v. Sullivan
Attorney?s fees, attorney charging lien, contingent fee agreement, contingency, levy, liens, personal property, priority
William Matthew Wilson v. Queen City Jump, LLC.
Interlocutory appeal; substantial right; immunity from suit; release from liability, risk of inconsistent verdicts
Wynn v. Frederick
Sovereign immunity, judicial immunity, and interlocutory appeal
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).
Cincinnati Ins. Co. v. Hall
defendant's actions were not a proximate cause of injuries; no error in granting summary judgment when there was no material issue of fact as to proximate cause
Clemons v. Clemons
Equitable distribution; insufficient findings of fact to support unequal distribution; trial court must find that equal distribution is not equitable before ordering unequal distribution
Ferrera v. Robbins
Rule 12(b)(6), motion to dismiss, mental disorder, involuntary commitment, ordinary negligence, gross negligence, qualified immunity, professional judgment, release, kill
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.A.M.A.
NCGS 7B-911; Subject-matter jurisdiction
In re D.A.
adjudication of neglect; North Carolina General Statutes Section 7B-101(15); children placed in WCHS custody; impairment or substantial risk of impairment at the time of adjudication; voluntary safety plan; clear, cogent, and convincing evidence; trial court's findings of fact support its conclusion of law
In re D.K.
DSS, department of social services, juvenile, delinquent, adjudication, disposition, risk assessment, mental health, needs assessment, mental health services director, developmental disability, referral, PTSD, statutory mandate
In re E.R.
appeal of unamended permanency planning order was properly before the Court despite the trial court's entry of an amended order on the same day appeal was noticed from unamended order; trial court order ceasing reunification efforts contained sufficient findings; denying visitation to respondent-mother did not constitute an abused of discretion
In re J.U.
Juvenile Delinquency; Fatal Defect; Ineffective Assistance of Counsel; Concession of Guilt