Appellate Court Opinions
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2,698 Appellate Court Opinions
State v. Malachi
Appeal from defendant's convictions for possession of a firearm by a convicted felon and attaining habitual felon status; whether the trial court committed prejudicial error by instructing the jury concerning the doctrine of constructive possession.
State v. Meadows
Appeal from convictions for trafficking in opium; claim of ineffective assistance of counsel; whether N.C. R. App. P. 10(a)(1) precludes appellate review of alleged sentencing errors to which defense counsel did not object at trial; whether defendant's sentences were an abuse of discretion and violate the Eighth Amendment.
State v. Melton
Appeal from convictions for attempted first-degree murder and solicitation to commit first-degree murder of the same victim; whether the trial court erred in (1) denying defendant's motion to dismiss the attempt charge for insufficient evidence and (2) not arresting judgment on the solicitation conviction on double jeopardy grounds.
Stokes v. Stokes
Appeal from trial court's discretionary ruling under N.C.G.S. 1-83(2) changing venue in a child custody action; whether the Court of Appeals erred in dismissing plaintiff-mother's interlocutory appeal from the trial court's order.
Supreme Court Opinions Filed October 26, 2018
In re Chapman
Review of recommendation for thirty-day suspension without pay.
Meinck v. City of Gastonia
Negligence action for a slip and fall on City-owned premises leased to a nonprofit entity; summary judgment granted for defendant based on governmental immunity; whether ownership and maintenance of the building was a governmental or proprietary function.
State v. Arrington
Appeal from sentence imposed in conjunction with a plea agreement; whether the trial court erred in accepting defendant's stipulation to a previous second-degree murder conviction as a Class B1 offense; application of State v. Sanders and State v. Wingate to determine whether the stipulation was to a question of fact or a question of law.
State v. Bass
Whether, at defendant's trial for attempted murder and assault with a deadly weapon, the trial court committed prejudicial error by (1) declining to give certain jury instructions requested by defendant regarding 'no duty to retreat,' (2) denying a defense request to admit testimony from witnesses describing the victim's previous aggressive, violent acts towards others, and (3) denying defendant's motion for a continuance.
State v. Frederick
Motion to suppress evidence; whether the affidavit on which a warrant authorizing a search of defendant's property was based established probable cause to issue the warrant.
State v. Jones
Appeal from conviction for driving a motor vehicle while having an open container of alcohol in the passenger compartment; whether the citation identifying the offense was a sufficient criminal pleading, standing alone, to give the superior court jurisdiction over the offense.
State v. Maddux
Appeal from defendant's convictions for trafficking in and manufacturing methamphetamine; whether the trial court committed plain error in instructing the jury on aiding and abetting.
TD Bank, N.A. v. Eagles Crest at Sharp Top, LLC
Appeal from trial court's entry of summary judgment for plaintiff and subsequent order denying defendants' motion for reconsideration under Civil Procedure Rule 59; whether defendants' Rule 59 motion tolled the time period in Rule of Appellate Procedure 3(c) for filing an appeal from the summary judgment order; whether Rule 59 can provide relief from a summary judgment order or is limited to post-trial motions.
Supreme Court Opinions Filed September 21, 2018
Adams Creek Assocs. v. Davis
Appeal from trial court's refusal to release defendants from jail due to their continued failure to comply with conditions imposed in an order of civil contempt; whether the Court of Appeals erred by affirming the trial court's order when the trial court did not consider defendants' evidence that they are unable to comply with the contempt order, as required under N.C.G.S. 5A-21(a)(3).
State v. Austin
Whether N.C.G.S. 15A-954(a)(9) establishes a procedure to hear a pretrial motion by a defendant to dismiss a murder charge based on the immunity provision of section 14-51.2, the 'castle doctrine.'
State v. Krider
Whether the trial court erred in revoking defendant's probation under N.C.G.S. 15A-1344(f) after his probationary term expired; whether the State presented sufficient evidence that defendant willfully absconded probation in violation of N.C.G.S. 15A-1343(b)(3a) and whether the trial court abused its discretion in making that finding.
State v. McPhaul
Whether the trial court committed prejudicial error in admitting testimony from the State's expert in fingerprint identification that tied defendant to the crimes for which he was convicted.
State v. Sayre
Whether an indigent defendant made a sufficient showing of 'materiality' under N.C.G.S. 15A-269 to require the trial court to appoint counsel to assist with his post-conviction motion for DNA testing to support his claim of innocence.
State v. Smith
Appeal from trial court's denial of defendant's motion to suppress evidence; whether the warrantless search of the room in defendant's apartment in which contraband was found was constitutional; whether seizure of the contraband was permissible under the 'plain view' doctrine.