Appellate Court Opinions
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33,453 Appellate Court Opinions
In re V.A.M.
constitutional procedural due process argument dismissed for failure to preserve, N.C. R. App. P. 10(a); challenges to permanency planning order dismissed as moot.
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
JMS Roofing & Sheet Metal, Inc. v. Sullivan Square, Inc.
Denial of motion to set aside entry of default; abuse of discretion standard; findings of fact required for award of attorneys' fees under Section 44A-35
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. Allen
motion to dismiss for insufficient evidence of defendant as perpetrator; viewing evidence in the light most favorable to the State; testimony of identity
State v. Bailey
Misdemeanor assault; unlawful seizure without a warrant; motion to dismiss for insufficient evidence-probable cause; misdemeanor committed outside the presence of an officer.
State v. Barnes
lifetime satellite-based monitoring; petition for writ of certiorari; Rule 2
State v. Barr
Anders review; guilty plea
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. Best
Motion for Mistrial; Juror Misconduct
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. Brown
Challenge to denials of motions to suppress; petition for a writ of certiorari; argument raised on appeal different from basis for motions in trial court; appellate argument not preserved
State v. Freeman
kidnapping; restraint for the purpose of inflicting serious bodily harm; sufficiency of the evidence.
State v. Frye
issues are whether court committed plain error by failing to inform jury of its decision to sustain objection and whether court abused its discretion by admitting alleged inflammatory evidence
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