Appellate Court Opinions
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33,453 Appellate Court Opinions
State v. Williams
Expert testimony; N.C.R. Evid. 702(a); Daubert reliability inquiry; firearm toolmark identification; prior inconsistent statements; plain error review
The Comm. To Elect Dan Forest v. Emps. Political Action Comm.
Standing, Injury in fact, political advertisement, Stand by your ad law, statutory damages
Walker v. Hoke Cty.
Motion to Dismiss; Rule 12(b)(1) of N.C. Rules of Civil Procedure; Taxpayer standing; Amotion
Wolfe v. Poindexter
summons; service of process; personal jurisdiction
Brackett v. Thomas
Civil revocation of driver's license under N.C.G.S. § 20-16.2 for alleged DWI; whether the person charged 'willfully refused' to submit to a breathalyzer test in violation of subdivision 20-16.2(d)(5).
In re J.M. and J.M.
Appeal by father from adjudication, dispositional, and permanency planning order relieving DSS from further efforts to reunify him with his minor children; whether, at the hearing on the matter, the trial court erred in admitting hearsay statements made by the children's mother under Rules of Evidence 801(d) and 803(4).
Kaestner 1992 Family Tr. v. N.C. Dep't of Revenue
Appeal from Court of Appeals decision affirming the N.C. Business Court's grant of summary judgment for plaintiff, an out-of-state trust, in a civil action seeking refund of taxes paid on income earned by the trust but not distributed to a North Carolina resident; whether N.C.G.S. § 105-160.2, under which the tax was assessed, as applied here violates due process under the North Carolina and United States Constitutions.
N.C. State Bd. of Educ. v. State
Whether the statutory requirement that all administrative rules proposed by the State Board of Education first be reviewed and approved by the N.C. Rules Review Commission violates the separation of powers; construction of the Board's powers under Article IX, Section 5 of the N.C. Constitution in relation to N.C.G.S. Chapter 150B, the Administrative Procedure Act.
N.C. State Bd. of Educ. v. State
Whether Article IX of the N.C. Constitution prohibits the General Assembly from transferring certain powers and duties of the State Board of Education to the State Superintendent of Public Instruction.
State v. Clonts
Appeal from conviction for assault with a deadly weapon with intent to kill inflicting serious injury; whether, by admitting deposition testimony by an essential witness in lieu of her live testimony at trial, the trial court violated Rule of Evidence 804 and defendant's constitutional Confrontation Clause rights; whether the Court of Appeals erred in granting defendant a new trial.
State v. Ledbetter
Appeal from decision of the Court of Appeals denying defendant's petition for writ of certiorari to review a trial court's order denying her motion to dismiss and dismissing her appeal from a judgment entered upon her guilty plea.
State v. McNeill
First-degree murder (capital/death).
State v. Miller
Appeal from defendant's conviction for felony possession of cocaine; whether the Court of Appeals erred by applying plain error review to defendant's Fourth Amendment claims; whether the arresting officer unnecessarily extended the initial stop in violation of the Supreme Court of the United States' decision in Rodriguez v. United States and whether defendant's consent to the search of his person was invalid.
State v. Miller
Appeal from conviction for first-degree murder (non-capital); whether the trial court violated defendant's rights under the Confrontation Clause by allowing a police officer to testify about the deceased victim's statements to him regarding a previous incident of domestic violence involving the victim and defendant.
State v. Nicholson
Motion to suppress evidence obtained as a result of defendant's questioning by a police officer; whether the officer who detained defendant for questioning had reasonable suspicion that criminal activity was afoot; whether the trial court erred in denying defendant's motion to suppress.
State v. Rodriguez
First-degree murder (capital/death).
Walker v. Driven Holdings, LLC
Appeal from final judgment of N.C. Business Court dismissing pursuant to Rule 12(b)(6) plaintiffs' complaints seeking damages and a declaratory judgment based on defendant's alleged breach of certain shareholder repurchase agreements.
Anderson v. The NC State Bd. of Elections & Ethics Enforcement
Early voting plan, judicial review of State Board of Elections decisions; mootness- capable of repetition, yet evading review; mootness- public interest exception; lack of subject matter jurisdiction.
Beasley v. Beasley
Attorney's Fees; Interlocutory Order
Belamy v. Branson
N.C. Gen. Stat. Section 1A-1, Rule 41(b); Involuntary dismissal; Failure to
prosecute