Appellate Court Opinions
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15,820 Appellate Court Opinions
State v. Massey
Rule 404(b) prior bad act evidence; motion to dismiss N.C.G.S. 90-108(a)(7)
State v. Owens
Indecent liberties;
Habitual Felon;
Opening Statement;
Vouching/bolstering;
Plain Error
Court of Appeals Published Opinions Filed December 29, 2022
Askew v. City of Kinston
direct constitutional claims; administrative remedies; exhaustion; subject matter jurisdiction
Carolyn Louise Gunn Testamentary Tr. v. Bumgardner
Obstruction of an easement; abandonment; scope of easement; permanent injunction; authority of trial court to consider balance of equities or relative hardship when issuing injunctive relief in property cases
Kozec v. Murphy
Child custody modification; misapprehension of law; authentication and admissibility of child protective services documents.
State v. Aguilar
Motion to suppress; probable cause to search an automobile; totality of the circumstances; negative canine hit.
State v. Boyette
Entry and rendition of judgment, probation revocation, search.
State v. Byrd
motion to suppress properly denied; probable cause supported search warrant; search of a cell phone;
State v. Hester
series of break-ins at a nonoperational plant; Harbison violation; defense counsel admitted to lesser-included offenses of misdemeanor breaking and entering and misdemeanor possession of stolen goods during closing argument; caught or in the act; remand for evidentiary hearing to determine if Defendant knowingly consented in advance of admissions; remaining claims for ineffective assistance of counsel dismissed without prejudice to filing a motion for appropriate relief below
State v. McVay
Motion to dismiss, indictment, surplusage, special jury instruction, preservation.
State v. Norris
Instructional error versus fatal variance, solicitation mens rea, failure to intervene.
State v. Reavis
Locational elements of criminal offenses, misdemeanor statement of charges, weapon at a demonstration.
State v. Taylor
Lay Witness Identification; Motion to Dismiss; Sufficiency of the Evidence; Plain Error; Right Against Self-Incrimination
State v. Wilkins
Statutory competency hearing under N.C. Gen. Stat. 15A-1002; distinction between nonwaivable constitutional competency issues and waivable statutory competency issues
Taylor v. Bank of Am., N.A.
motion to dismiss; Home Affordable Mortgage Program; statute of limitations; fraud; date of discovery; question of fact; jury question
Terry v. Pub. Serv. Co. of N.C., Inc.
negligence; negligence per se; warranty of habitability; residential rental agreements act; plaintiff's forecast was sufficient to create jury question as to whether failure to inspect home over 11-year period was reasonable
Wright Constr. Servs., Inc. v. Liberty Mut. Ins. Co.
Attorney-client privilege, interstate subpoena, subject matter jurisdiction.
Court of Appeals Published Opinions Filed December 20, 2022
Autry v. Bill Clark Homes, LLC
Statute of Repose; Negligence; Punitive Damages