Appellate Court Opinions
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35,986 Appellate Court Opinions
In re S.F.D.
3.1, neglect, disposition, reunification plan
In re T.S.
involuntary commitment order, mental illness, dangerous to self, dangerous to others, bodily harm, pandemic
In re: A.J.D., Jr.
Involuntary Commitment Order; Sufficiency of Findings of Fact; Expert Witness Testimony; Preservation of Error; Hearsay
In re: J.A.D.
Extortion, material information in charging instruments, physical violence not required for true threats, fatal variance in proof, written findings required under N.C. Gen. Stat. 7B-2411, 7B-2501(c).
Kean v. Kean
motion to dismiss appeal; interlocutory appeal from order compelling discovery; untimely discovery responses; COVID-19 court system filing extensions; Rules 33 and 34 of North Carolina Rules of Civil Procedure; attorney-client and work-product doctrine objections; assertion of privileges affects substantial right
Klapp v. Buck
negligence, contributory negligence, JNOV, judgment notwithstanding the verdict, motion for directed verdict, damages
Moye-Lyons v. N.C. Dep't of Pub. Instruction
North Carolina Industrial Commission; workers compensation claim; timely filed claim; two-year limitation period; mental incompetency; jurisdiction; subject matter jurisdiction; employment; social security disability claim; representative payee; incompetency adjudication hearing; involuntary commitment; N.C. Gen. Stat. § 97-24(a); N.C. Gen. Stat. § 35A-1101; N.C. Gen. Stat. § 35A-1102; time-barred pursuant to N.C. Gen. Stat. § 97-50; 42 U.S.C. § 416(i).
Se. Caissons, LLC v. Choate Constr. Co.
Construction Contracts; Contract Formation; Negligence and Duty; Exclusion of Relevant Evidence; Motion in Limine; Preservation of Error; Motion for Directed Verdict; Jury Instructions
State v. Adams
Assault with a deadly weapon intent to kill and inflicting serious injury, NCGS 14-32(a); Assault with a deadly weapon inflicting serious injury, NCGS 14-32(b); motion to dismiss; intent to kill; lesser included offense; possession of weapon of mass destruction; prior record level, NCGS 15A-1340.14(c)(4); date of offense, NCGS 15A-1340.14(c).
State v. Benitez
waiver of Miranda for juveniles
State v. Carter
reasonableness of lifetime satellite-based monitoring; recidivist; sex offenses with a child under thirteen; Defendant's Fourth Amendment privacy interests balanced against State's interests and declared efficacy of SBM; totality of circumstances; amendments to SBM laws; Session Law 2021-138, sec. 18(i) and S.L. 2021-182, sec. 2(e) (collectively to be codified at N.C. Gen. Stat. § 14-208.46).
State v. Hicks
Aggressor doctrine; self-defense; plain error; jury instructions; exhibits.
State v. Ingram
Sufficient evidence of driving while intoxicated, N.C. Gen. Stat. 20-138.1(a)
State v. Williamson
motion to dismiss second-degree murder charge; knowingly driving while impaired, when combined with evidence of reckless driving or behavior, may constitute malice; motion for appropriate relief; recanted testimony; privilege against self-incrimination; U.S. Const. Fifth and Sixth Amendments; testimony subject of direct examination as opposed to collateral matters; the trial court may strike testimony in whole or in part or compel witness to testify
Turner v. Oakley
Jurisdiction to modify child custody order; challenged finding of fact supported by substantial evidence; trial court assessed whether a substantial change in circumstances affected the child's welfare and whether modification of custody was in the child's best interests; no abuse of discretion in modification of custody.
W. 4th, LLC v. Brown
Breach of Contract; Summary Judgment; Sale of Real Property
Court of Appeals Published Opinions Filed April 5, 2022
Court of Appeals Unpublished Opinions Filed April 5, 2022
Barrington v. Dyer
Will contest; Rule 12(b0(6); res judicata; gatekeeping order factors; attorney's fees factors; award of attorney fees on appeal.
Bio-Med. v. N.C. Dep't of Health & Hum. Serv.
Certificate of Need; contested case hearing; substantial prejudice.