Appellate Court Opinions
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15,820 Appellate Court Opinions
In re: K.H.
Trial court did not err in adjudicating juvenile neglected, N.C. Gen. Stat. § 7B-101(15); trial court properly admitted drug test results pursuant to the business records exception to the hearsay rule, N.C. Gen. Stat. § 8C-1, Rule 803(6), trial court did not abuse its discretion in juvenile disposition order.
State v. Hogan
excuse juror for cause; clerical error
State v. Redmond
Fatal variance, special property interest, injury to personal property, restitution, unsold property, market value not speculative
State v. Thompson
Motion to dismiss; fleeing to elude arrest; reasonable articulable suspicion; probable cause; N.C.G.S § 15A-401.
Court of Appeals Published Opinions Filed December 21, 2021
Bill Clark Homes of Raleigh, LLC v. Town of Fuquay-Varina
motion to dismiss; capacity fees; Quality Built Homes I; Quality Built Homes II; statute of limitations
Cedarbrook Residential Ctr., Inc. v. N.C. Dep't of Health & Hum. Servs.
Industrial Commission; motion to dismiss; Tort Claims Act; public duty doctrine; N.C. Gen. Stat. 143-299.1A.
Hirschler v. Hirschler
Contempt; civil contempt; criminal contempt; Moot; age of majority; dismissed; notice; sua sponte
Mendez v. Mendez
Child support modification; imputing plaintiff's income; depressing income; bad faith; extraordinary expenses; attorney's fees; medical conditions.
Roberson v. Trupoint Bank
Judgment on the pleadings; lack of enforceable agreement; negligent misrepresentation; fraud; particularity of averments of fraud; NCGS 1A-1, Rule9(b)
Rural Empowerment Ass'n for Cmty. Help v. State of N.C.
Right to Farm Act legislative amendments; three-judge panel; facial constitutional challenge; Law of the Land Clause; private versus general laws; right to trial by jury; limitations on damages; nuisance; agricultural and forestry activities; statute of limitation.
State v. Applewhite
Right to counsel; sufficient indictment; pro se representation; competency to stand trial; prior record level; no merger; NCGS 14-43.11(a)(i); human trafficking; promoting prostitution; habitual felon status; NCGS 90-113.22A
State v. Barber
Second-degree trespass, General Assembly, misdemeanor statement of charges, indictment, district court, superior court, trial de novo, amendment in substance, conduct, first amendment, public property, forum, jury instructions, without authorization, legal right.
State v. Bryant
Knowing and Voluntary Admissions under State v. Harbison
State v. Crisp
No error in omission of jury instruction on defense of accident, jury's verdict of second-degree murder was not ambiguous for sentencing purposes, no error in omission of jury instruction on depraved-heart theory of malice.
State v. Lamp
Sex Offender Registration Act; the defendant's provision of an incorrect address to the sheriff's office constituted circumstantial evidence of willfulness and deceptive intent; trial court did not err in denying motion to dismiss at the close of the evidence
State v. McCutcheon
First-degree murder; Rules of Evidence 401 and 402; Victim-impact evidence, NCGS 15A-833(a)(1); plain error review; invited error; circumstantial evidence.
State v. Thomas
hearsay; past recorded recollection; expert reliability; lay opinions
State v. Thorpe
Motion for appropriate relief; COVID-19; cruel and unusual punishment.
State v. Whatley
Bases for Revoking Probation