Appellate Court Opinions
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2,698 Appellate Court Opinions
O'Neal v. Inline Fluid Power, Inc.
Workers' Compensation; whether the Industrial Commission exceeded its statutory authority by adopting and utilizing Form 63, allowing employers investigating a claim to pay medical benefits only without prejudice to end further benefits if the claim is later denied.
Piro v. McKeever
State v. Allman
Motion to suppress evidence; whether the magistrate had a substantial basis to find that probable cause existed to issue a warrant to search defendant's home.
State v. Barnett
Whether, in issuing a permanent no contact order under N.C.G.S. 15A-1340.50, the trial court exceeded its statutory authority by prohibiting contact with the victim's children.
State v. Carvalho
Whether defendant's constitutional right to a speedy trial was violated; whether excerpts from a jailhouse audiotape and transcript of a conversation between defendant and another inmate were admissible under Rule of Evidence 404(b).
State v. Curtis
Whether the movement of two victims was an integral part of an armed robbery, or sufficiently independent to permit an additional conviction for kidnapping.
State v. Dalton
First-degree murder case in which defendant unsuccessfully argued not guilty by reason of insanity; whether prosecutor in closing argument committed prejudicial error by exaggerating defendant's chance for early release from civil commitment if she were found not guilty based on insanity.
State v. Floyd
Whether a previous conviction for attempted assault can support charging defendant as an habitual felon; whether defendant should receive a new trial because the court failed to properly address an impasse that arose between defendant and his counsel at trial.
State v. Juarez
First-degree murder conviction based on felony murder rule; whether the trial court erred in not instructing the jury on lesser-included offenses; whether the trial court committed plain error in instructing the jury on the aggressor doctrine exception to defendant's claim of self-defense.
State v. Lowe
Trial court's denial of motion to suppress; whether the Court of Appeals correctly found that (1) probable cause supported the warrant to search the house at issue but (2) police exceeded the scope of the warrant by searching a car parked in the driveway that did not belong to a resident of the house searched.
State v. Moir
Petition to terminate registration as a sex offender pursuant to N.C.G.S. 14-208.12A by a defendant who previously pleaded guilty to two counts of taking indecent liberties with a child; whether the relief sought is barred by the applicable provisions of federal law.
State v. Perry
Review of order denying defendant's motion for appropriate relief seeking resentencing; defendant was mandatorily sentenced as a juvenile to life imprisonment without parole; retroactive application of the holding in Miller v. Alabama declaring sentences such as defendant's unconstitutional; effect of U.S. Supreme Court's subsequent decision in Montgomery v. Louisiana.
State v. Ross
Whether defendant's plea agreement was entered knowingly and voluntarily.
State v. Saldierna
Confession by juvenile defendant while under police interrogation; whether, under N.C.G.S. 7B-2101(a)(3), the officer interrogating defendant was required to seek clarification of defendant's statement regarding whether he wanted his mother present during the interview.
State v. Seam
Appeal from order granting defendant's motion for appropriate relief, vacating his sentence of life imprisonment without parole, and ordering a resentencing hearing to comply with Miller v. Alabama; effect of U.S. Supreme Court's subsequent decision in Montgomery v. Louisiana.
State v. Young
Appeal from order granting defendant's motion for appropriate relief, vacating his sentence of life imprisonment without parole, and ordering a resentencing hearing to comply with Miller v. Alabama; effect of U.S. Supreme Court's subsequent decision in Montgomery v. Louisiana.
Town of Boone v. State
Appeal from three-judge panel's order declaring facially unconstitutional a 2014 law withdrawing the town's extraterritorial jurisdiction over areas beyond the municipal limits.
Turner v. Thomas
Whether plaintiff's allegations in support of claims for malicious prosecution and intentional infliction of emotional distress are legally sufficient to state a claim for relief.
Supreme Court Opinions Filed September 23, 2016
CommScope Credit Union v. Butler & Burke, LLP
Whether defendant owed a fiduciary duty to plaintiff when defendant audited plaintiff's financial statements; whether plaintiff is barred from recovery by the doctrines of contributory negligence and in pari delicto.