Court of Appeals
Brewer v. Rent-A-Ctr.
Compensable injury; Parsons presumption; Competent evidence; Credibility; Weigh evidence; Form 63; Industrial commission; Burden of proof; Burden of production; Expert evidence; Expert testimony; Speculation.
Baker v. Reinhardt
Summary Judgment; Worker's Compensation Act; Subject Matter Jurisdiction; Willful, Wanton and Reckless Negligence.
Court of Appeals Unpublished Opinions Filed May 2, 2023
Court of Appeals Published Opinions Filed May 2, 2023
Hedgepeth v. Smoky Mountain Country Club Prop. Owners Ass'n, Inc.
Rule 12(b)(6) motion to dismiss; N.C. Debt Collection Act; N.C. Unfair and Deceptive Trade Practices Act; N.C Planned Community Act
Hager v. Buchanan
Motion to Enforce Settlement Agreement; Summary Judgment
State v. Wingate
jury instruction; self-defense; defense of habitation; aggressor doctrine; excessive force; proportionality
State v. Simmons
Evidence Rule 701; lay witness testimony regarding investigative process was not comment on defendant's credibility
State v. Bryant
custodial statements, hearsay, record level, resentencing
State v. Poole
substitution of an alternate juror after deliberations have begun; N.C.G.S. 15A-1215; right to a trial by a jury of twelve; Article I, Section 24 of the North Carolina Constitution; constitutional issue; statutory mandate; invited error