Appellate Court Opinions
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2,698 Appellate Court Opinions
Supreme Court Opinions Filed January 24, 2014
Glens of Ironduff Prop. Owners Ass'n, Inc. v. Daly
Whether the six year statute of repose applicable to a homeowners' association's claim for negligent road construction is tolled by N.C.G.S. ? 47F-3-111(c) until the period of declarant control terminates
In re Blue Ridge Hous. of Bakersville LLC
Exemption of low-income housing project from ad valorem taxation under N.C.G.S. ?? 105-278.6(a)(8) and -277.16
Rutherford Plantation, LLC v. Challenge Golf Grp. of the Carolinas, LLC
Action to recover balance due on a purchase money promissory note and secured by a purchase money deed of trust; trial court's grant of partial summary judgment for amount due on note; whether the trial court made an error of law for which defendant is entitled to amendment of the partial summary judgment order
State v. Whittington
Whether a defendant's Confrontation Clause rights were violated when a witness who did not conduct tests identifying a substance as opium testified to the results of an analysis done by a nontestifying chemist; application of the waiver provisions of N.C.G.S. ? 90-95(g)
Supreme Court Opinions Filed December 20, 2013
In re L.M.T.
Termination of parental rights proceedings; whether the trial court?s permanency planning review order relieving DSS from further reunification efforts with the children?s mother contained sufficient findings of fact to satisfy the requirements of N.C.G.S. ? 7B-507(b)(1)
Samost v. Duke Univ.
Breach of contract claim based on statements in a student handbook; whether the handbook creates an enforceable contract and if so, whether defendant breached it; whether the trial court erred in granting judgment on the pleadings for defendant
State v. Franklin
Whether the trial court erred in denying defendant's motion to suppress evidence seized from a traffic stop; whether the stop was pretextual and in duration unreasonable.
Wind v. City of Gastonia
Whether defendant?s employee is entitled to a complete, unredacted copy of all documents in his personnel file related to complaints filed against him; statutory interpretation of N.C.G.S. ' 160A-168
Supreme Court Opinions Filed November 8, 2013
Chandler v. Atl. Scrap & Processing
Workers' Compensation; when the Industrial Commission does not preapprove attendant care, whether the lack of such preapproval bars an employee from being reimbursed for retroactive attendant care services
Green v. Freeman
Suit by investors to recover money lost in a business venture; liability of one individual defendant based on breach of fiduciary duty and piercing the corporate veil
Hoke Cnty. Bd. of Educ. v State
Whether the constitutional right to a sound basic education requires the State to provide access to prekindergarten programs for all eligible, at-risk four year olds
Johnston v. State
Whether the North Carolina Felony Firearms Act, which bars certain felons from possessing firearms anywhere, is unconstitutional as applied to plaintiff
Mehaffey v. Burger King
Workers' Compensation; when the Industrial Commission does not preapprove attendant care, whether the lack of such preapproval bars an employee from being reimbursed for retroactive attendant care services
State v. Cox
Appeal from defendant's conviction for possession of a firearm by a felon; whether the State presented sufficient evidence to corroborate defendant's confession.
State v. Heien
On remand: motion to suppress; whether an initial stop by a police officer for a vehicle equipment violation had become consensual when defendant consented to a search of his vehicle
State v. Huss
Appeal from defendant's convictions for first-degree kidnapping, second-degree rape, and second-degree sexual offense; whether the State proved that the victim was physically helpless, as required under N.C.G.S. ?? 14-27.3(a)(2) and 14-27.5(a)(2)
Tyndall v. Ford Motor Co.
Products liability action; whether an appellate court has jurisdiction to hear an interlocutory appeal from a trial court's denial of a motion to dismiss based on a statute of repose; determination of which statute of repose applies to the instant action