Appellate Court Opinions
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15,820 Appellate Court Opinions
State v. Ballard
motion for appropriate relief; Brady and Napue claims failed because of lack of probability allegedly wrongfully withheld or intentionally false evidence would have changed result of trial had it not been withheld or introduced; evidentiary hearing was required on ineffective assistance of counsel claim to determine whether failure to investigate key alibi witness prejudiced outcome of trial; gatekeeper order prohibiting the filing of future motions for appropriate relief was erroneous where there was no history of filing successive frivolous motions for appropriate relief
State v. Conner
Fifth Amendment; custodial interrogation; barricaded suspect; and clerical error
State v. Darr
Miranda Rights; interrogation; confession; unambiguous request for counsel; motion to suppress; Fifth Amendment
State v. Graham
Jury instructions; mandatory presumption; attorney-client privilege; motion to compel.
State v. Kitchen
Driving while intoxicated; motion to suppress medical record evidence; Fourth Amendment right to be free from warrantless search and seizure; harmless beyond a reasonable doubt; no prejudicial error.
State v. Strickland
solicitation; first-degree murder; lesser included offense; improper closing argument
Tutterow v. Hall
Underinsured motorist coverage; Motor Vehicle Safety and Financial Responsibility Act; N.C. Gen. Stat. § 20-279.21(b)(4); calculation of coverage when there are multiple underinsured tortfeasors and multiple applicable UIM policies; statutory construction
Upchurch v. Harp Builders, Inc.
civil procedure; pleading; counterclaim asserted outside statute of limitations did not relate back to plaintiff's complaint; most recent intermediate appellate court precedent controls over prior inconsistent precedent of same court
Court of Appeals Published Opinions Filed April 19, 2022
In re: A.J.D., Jr.
Involuntary Commitment Order; Sufficiency of Findings of Fact; Expert Witness Testimony; Preservation of Error; Hearsay
In re: J.A.D.
Extortion, material information in charging instruments, physical violence not required for true threats, fatal variance in proof, written findings required under N.C. Gen. Stat. 7B-2411, 7B-2501(c).
Moye-Lyons v. N.C. Dep't of Pub. Instruction
North Carolina Industrial Commission; workers compensation claim; timely filed claim; two-year limitation period; mental incompetency; jurisdiction; subject matter jurisdiction; employment; social security disability claim; representative payee; incompetency adjudication hearing; involuntary commitment; N.C. Gen. Stat. § 97-24(a); N.C. Gen. Stat. § 35A-1101; N.C. Gen. Stat. § 35A-1102; time-barred pursuant to N.C. Gen. Stat. § 97-50; 42 U.S.C. § 416(i).
State v. Benitez
waiver of Miranda for juveniles
State v. Carter
reasonableness of lifetime satellite-based monitoring; recidivist; sex offenses with a child under thirteen; Defendant's Fourth Amendment privacy interests balanced against State's interests and declared efficacy of SBM; totality of circumstances; amendments to SBM laws; Session Law 2021-138, sec. 18(i) and S.L. 2021-182, sec. 2(e) (collectively to be codified at N.C. Gen. Stat. § 14-208.46).
State v. Hicks
Aggressor doctrine; self-defense; plain error; jury instructions; exhibits.
State v. Ingram
Sufficient evidence of driving while intoxicated, N.C. Gen. Stat. 20-138.1(a)
State v. Williamson
motion to dismiss second-degree murder charge; knowingly driving while impaired, when combined with evidence of reckless driving or behavior, may constitute malice; motion for appropriate relief; recanted testimony; privilege against self-incrimination; U.S. Const. Fifth and Sixth Amendments; testimony subject of direct examination as opposed to collateral matters; the trial court may strike testimony in whole or in part or compel witness to testify
Turner v. Oakley
Jurisdiction to modify child custody order; challenged finding of fact supported by substantial evidence; trial court assessed whether a substantial change in circumstances affected the child's welfare and whether modification of custody was in the child's best interests; no abuse of discretion in modification of custody.
Court of Appeals Published Opinions Filed April 5, 2022
Barrington v. Dyer
Will contest; Rule 12(b0(6); res judicata; gatekeeping order factors; attorney's fees factors; award of attorney fees on appeal.