Appellate Court Opinions
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35,004 Appellate Court Opinions
Court of Appeals Published Opinions Filed February 16, 2021
Court of Appeals Unpublished Opinions Filed February 16, 2021
Bresnahan v. Kirk
whether appeal should be dismissed as interlocutory and, if not, whether the trial court properly imposed Rule 11 sanctions on plaintiffs for discovery violations
In re S.P-H.
Involuntary commitment, split commitment, dangerous to self, dangerous to others, mentally ill, aggression, physical debilitation, serious bodily harm, near future
King v. Duke Energy Progress, LLC
trespass to timber; measure of damages where trees are ornamental and have little or no commercial value after being cut; replacement cost constitutes competent evidence of diminution in value of real estate owned for personal use
Klaver v. Klaver
Alimony
Poulos v. Poulos
motion to dismiss, interlocutory appeal, res judicata
State v. Bridges
hearsay; N.C. Evid. R. 803(3); declarant's then-existing state of mind; closing arguments; trial court's failure to intervene ex mero motu; law of self-defense
State v. Corpening
? jurisdictional defect under North Carolina Rule of Appellate Procedure 3(d)
? motion to dismiss allowed
? petition for writ of certiorari granted
? attorney's fees
State v. DiPietro
motion to continue; effective assistance of counsel; failure to show prejudice
State v. Eakes
False Pretense, misrepresentation, ineffective assistance of counsel, indictment, evidence at trial, jury instructions, fatal variance
State v. Edwards
First degree murder; jury instruction on lack of flight; harmless error
State v. Gaddy
trial court lacked subject matter jurisdiction where indictment charging perjury lacked the allegedly false statement
State v. Harris
No error; Motion to dismiss; Lesser-included offense instruction; Sentencing; Remand for clerical error.
State v. Howie
motion to dismiss for insufficient evidence, N.C. Gen. Stat. § 14-208.7
State v. Jones
reasonable articulable suspicion, abandoned argument, no prejudicial error
State v. Lindsey
jury instructions on charge of failure to register as a sex offender; any error in misplacing the word willfully in the instructions did not constitute plain error
State v. McSpadden
common law robbery, resisting public officer, assault on government official, surveillance video, limiting instruction, ex mero motu, opening statement, closing argument, jury argument
State v. Silvernale
Anders v. California, 386 U.S. 738 (1967); appeal wholly frivolous; appeal dismissed
State v. Tabb
Possession of cocaine and marijuana; unchallenged findings of fact; motion to suppress; 4th amendment seizure of driver and occupants.