Appellate Court Opinions
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35,415 Appellate Court Opinions
State v. Tabb
Possession and Distribution of Illegal drugs;
U.S. Constitution 4th Amendment;
Search and Seizure;
N.C. Constitution Article 1, §20;
Stationary vehicle;
Reasonable Suspicion;
Detention of individual;
Plain view;
Industrial Hemp;
Probable cause
State v. Teague
postal interdiction; motion to suppress; waiver of appellate review; Industrial Hemp Act; motion to dismiss; lay opinion testimony; identification of marijuana as a controlled substance; conspiracy; statements of a co-conspirator
State v. Tevin Friday
plain error for evidence; jury instructions lesser included offenses; jury instruction acting in concert; ineffective assistance of counsel
State v. Tina Jaraczewski Wilson
Embezzlement; obtaining property by false pretenses; sufficiency of the evidence; plain error; foundation for admission of bank records
State v. Williams
sufficiency of evidence, constructive possession of a firearm, habitual felon, totality of circumstances
Sunalei Pres. Prop. Owners' Ass'n, Inc v. Chubby Custard, LLC
venue; real property; negative easements
The N.C. State Bar v. Megaro
adequate evidence to support the DHC's findings of fact, and the findings of fact adequately support the conclusions of law where Defendant entered into a representation agreement with brothers who did not have the capacity to understand the agreement due to their low IQs and adaptive functioning deficits
Court of Appeals Published Opinions Filed October 18, 2022
Court of Appeals Unpublished Opinions Filed October 18, 2022
Corry v. The N.C. Div. of Health & Hum. Servs.
Administrative claims; dismissal for failure to exhaust administrative remedies; defamation claim; barred by sovereign immunity
Culbreth v. Manning
Referee's Report, Order on Remand
Grandfather Ctr. Shoppes, LLC vs. Beech Creek Rest., LLC d/b/a Elevations Tavern and Grill,
Interlocutory appeal; substantial right; demonstration of prejudice
In re M.A.C., N.G.C., C.A.B.C.
Rule 3.1; neglected juveniles; appellate jurisdiction; elimination of reunification from permanent plan; findings of fact
In Re: A.M.L.
NCGS 7B-906.2; 3.1
In re: D.S.
neglect, dependency, adjudication, juvenile, Rule 3.1
Jamie S. Hosch v. Keira Hosch-Carroll and Jacoby Kennedy
subject matter jurisdiction under the UCCJEA; trial court erred in concluding that it had home state jurisdiction under the UCCJEA because child's absence from Texas was temporary
Kelly v. State of N.C.
Opportunity Scholarship Program; Lower-income families may receive scholarships from the State to attend private school; Constitutional challenge; As-applied challenge; Facial challenge; Subject matter jurisdiction; Breadth of the remedy requested, not what is pleaded in the complaint, is controlling in determining whether the challenge is facial or as-applied.
Ladd v. Funderburk
Governmental immunity; Qualified immunity; Governmental in nature vs. Proprietary in nature; N.C. Gen. Stat § 160A-296; Affirmative duty; Roadway obstructions; Tree ordinance; Waiver of governmental immunity; Liability insurance; Insurance policy effect on the defense of governmental immunity; N.C. Gen. Stat. § 153A-435; Summary judgment.
Maher Mohd Ali El-Hatto v. Hasan Mohammad Ali El-Hatto
Property distribution agreement; Applicability of foreign law; Constructive trust; Implied constructive trust; Express trust; General warranty deed; Land contract; Chain of title; Ownership of property.
Mangum v. WRAL-5 News
Dismissal; pro se appellant; substantial failure to comply with the North Carolina Rules of Appellate Procedure; default under non-jurisdictional Rules 3, 9, 26, and 28.