Appellate Court Opinions
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15,820 Appellate Court Opinions
State v. Lytle
probation revocation hearing; N.C.G.S. 15A-1344(f); finding of good cause; reasonable efforts to hold revocation hearing prior to the expiration of probationary term.
State v. Miller
trial court erred by closing courtroom without making sufficient findings of fact and by denying motion to dismiss violation of local ordinance where the charging documents did not include the caption and the ordinance was not proven at trial
State v. Palacio
no new trial where transcript for one day of the proceedings is missing; incest conviction vacated because a niece by affinity is not a niece for purposes of incest as criminalized by N.C. Gen. Stat. § 14-178; trial court did not err by denying motion to suppress; remanded for correction of clerical error where judgment included previously dismissed conviction.
Yves v. Tolentino
Motion to dismiss, Perfecting service, Service of process, Statutes of limitations, Rule 4
Court of Appeals Published Opinions Filed February 7, 2023
Abbott v. Abernathy
easement; abandonment; overburdening; dedication for public use; standing; appellate preservation
Bassiri v. Pilling
motion to dismiss; subject-matter jurisdiction; alienation of affections
In re: A.H.D., V.I.D.
willful failure to pay child support, sufficiency of petition, standard of proof
In re: Custodial L. Enforcement Agency Recordings
Request for release of custodial law enforcement agency recordings under N.C. Gen. Stat. 132-1.4A(g) must file a civil action, not a form petition.
In re: Z.J.W.
Termination of Parental Rights; Ex Parte Communications; Procedural Due Process
Janu Inc v. Mega Hospitality, LLC
Motions to Dismiss;
Failure to State a Claim Rule 12(b)(6);
Personal Jurisdiction Rule 12(b)(6);
Notice;
Irregular Judgment;
General Appearance;
Waiver;
Attorney's Fees Prevailing Party;
Seeking Affirmative Relief;
JRM, Inc. v. The HJH Cos., Inc.
Arbitration Agreement;
Interlocutory Orders;
Substantial Right;
Burden of Proof;
Untimely Affidavit;
State v. Scott
Motion to suppress evidence; Fourth Amendment; traffic stop; weapons frisk; Terry frisk; totality of circumstances; validated gang member; officer's knowledge of prior murder charge; frisk of vehicle; may not raise different theory on appeal; prior record level worksheet; notice of prior record level point for committing a crime while on probation; parole or post-release supervision; waiver of notice of prior record level point.
Court of Appeals Published Opinions Filed January 17, 2023
Dieckhaus v. Bd. of Governors of The Univ. of N.C.
sovereign immunity, implied-in-fact contract, immunity for institutions of higher learning related to COVID-19
Pelc v. Pham
USCIS Form I-864 Affidavit of Support;
Household Size to Determine Financial Support;
Sponsored Immigrant's Income;
Quasi-Contract;
Equitable Damages;
Foreign-Money Claims Act, N.C. Gen Stat. 1C-1820-1834;
Missing Trial Transcript;
Attorney's Fees, N.C. Rev. R. Prof. Conduct 1.5;
SR Auto Transp., Inc. v. Adam's Auto Grp., Inc.
Rule 54(b) certification; substantial right; interlocutory appeal; dismissal
State v. Davis
1st Degree Murder;
Attempted First Degree Murder;
Arson;
Felony Murder;
Premeditation and deliberation;
Sufficiency of indictment;
Rules 401, 402, 403, 404(b);
Transferred Intent;
Prior Bad Acts;
State v. Duncan
motion to suppress; traffic stop; reasonable suspicion; medically canceled driver's license; search incident to arrest
State v. Graham
Dismissal of unnecessary petition for writ of certiorari; N.C. Gen. Stat. 15A-1222 and 15A-1232; fair and clear jury instructions taken as a whole; DNA and fingerprint evidence; insufficient expert testimony under Rule 702(a)(3); no prejudicial error in admission of expert testimony; habitual breaking and entering status offense as a Class E felony; no clerical error on written judgment.