Appellate Court Opinions
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35,415 Appellate Court Opinions
State v. Swain
motion to suppress, need for written order
State v. Tapia
Anders brief, DNA testing, Appeal, N.C.G.S. sec. 15A-270.1, Authority of Court of Appeals
State v. Thomas
Expert Testimony; Aggressor Doctrine; Self-Defense; Restitution
State v. Van
Delay in Appeal After Petition for Writ of Certiorari Allowed; Failure to Hold Indigency Hearing; Loss of Transcript; Second Degree Murder; Stipulation to Aggravating Factors
State v. Velasquez-Cardenas
Anders brief, DNA testing, Appeal, N.C.G.S. sec. 15A-270.1, Authority of Court of Appeals
State v. Wilson
Anders brief; N.C. Gen. Stat. 14-72(b)(6); habitual larceny; habitual felon status
Summerville v. Summerville
Modification of child custody; trial court's sua sponte modification of child support award; lack of appellate jurisdiction to address criminal contempt finding; attorneys fees for defense of child custody modification; temporary vs. permanent custody orders
Supreme Court Opinions Filed April 6, 2018
City of Asheville v. Frost
Whether the Asheville Civil Service Law governing appeals of decisions of the Asheville Civil Service Board to superior court gives a respondent the right to a jury trial.
In re Foreclosure of Ackah
Relief from foreclosure sale under N.C.G.S. 1A-1, Rule 60(b) based on petitioner's failure to satisfy Rule 4's 'due diligence' notice requirement; whether N.C.G.S. 1-108 prohibits the court from ordering relief in the form of restoring title to the real property to the previous owner.
In re W.H.S.
Review of recommendation for public reprimand.
Jackson v. Century Mut. Ins. Co.
Action by homeowners against their homeowners' insurance company for unfair and deceptive trade practices, breach of contract, and bad faith; whether the trial court erred in granting summary judgment for defendant insurer.
Krawiec v. Manly
Interlocutory appeal from N.C. Business Court order granting defendants' motions to dismiss certain claims under Civil Procedure Rule 12(b)(6).
Sanchez v. Cobblestone Homeowners Ass'n of Clayton, Inc.
Whether plaintiff homeowners who were later found not to be members of a homeowners association can recoup all previous dues that were erroneously collected by the association; whether an implied-in-fact contract existed between plaintiffs and the association; whether plaintiffs are estopped from denying the obligation to pay dues to the association.
State v. Brawley
Whether an indictment charging defendant with larceny of personal property from a named department store was fatally defective because it did not allege the type of entity from which the property was stolen.
State v. China
Kidnapping and first-degree sex offense; whether the trial court erred in denying defendant's motion to dismiss the kidnapping charge on grounds that no restraint apart from that involved in the sex offense occurred.
State v. Howell
Whether, after defendant's sentence for committing a Class 1 misdemeanor violation of the Controlled Substances Act was punished as a Class I felony under N.C.G.S. 90-95(e)(3), the trial court erred in sentencing defendant, an admitted habitual felon, as a Class E felon.
State v. Jacobs
Whether Rule of Evidence 412, the 'Rape Shield Law,' generally excludes evidence of an alleged victim's sexually transmitted diseases; whether the exception provided in Rule 412(b)(2) allows admission of such evidence in this case.
State v. Lee
Whether, at defendant's murder trial, the court committed plain error by declining to give certain jury instructions requested by defendant regarding 'no duty to retreat.'
State v. Mostafavi
Whether an indictment charging defendant with obtaining property by false pretense was fatally defective.