Appellate Court Opinions
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15,902 Appellate Court Opinions
State v. Heggs
Structured Sentencing Act; aggravating factors; evidence supporting aggravating factors; aggravated sentence; discretion of trial court; plea agreement; prejudicial error
State v. Neal
Jury instructions; constructive possession; possession of firearm by a felon; PFF; attempted first-degree murder; speedy trial; speedy appeal; Barker factors
State v. Sander
Competency to Stand Trial; Petition for Writ of Certiorari; Ineffective Assistance of Counsel
Court of Appeals Published Opinions Filed October 5, 2021
Ayers v. Currituck Cty. Dep't of Soc. Servs.
De novo just cause determination for disciplinary action taken against career State employee; whole record test; necessary factors for agency consideration in determining appropriate disciplinary action against career State employee.
Bouvier v. Porter
Absolute Privilege; Quasi-Judicial Proceeding; Defamation
Butterfield v. Gray
Appeal of interlocutory order denying motions for summary judgment; right to immediate appeal of order denying summary judgment on defense of governmental immunity; governmental immunity concerning actions of sheriff, sheriff?s detention officers, and county in operating county detention facility; waiver of governmental immunity.
Guilford Cty. v. Mabe
interlocutory, substantive right, paternity
Hull v. Brown
alienation of affection; criminal conversation; negligent infliction of emotional distress; intentional infliction of emotional distress; interlocutory appeal; NCGS 1A-1, Rule 42(b)(4); NCGS 1-267.1; NCGS 1-81.1; NCGS 1-277(a); NCGS 52-13.
Milone & MacBroom, Inc. v. Corkum
Supplemental Proceedings and Subject-Matter Jurisdictions
Mole v. The City of Durham
Due Process, Equal Protection, Fruits of labor, Public Employee
Nation Ford Baptist Church, Inc. v. Davis
Ecclesiastical abstention doctrine, neutral principles of law, subject matter jurisdiction, Rule 12(b)(1) motion to dismiss
Podrebarac v. Horack, Talley, Pharr & Lowndes, P.A.
Summary judgment, legal malpractice, settlement agreement, notarized, agreement to agree, binding agreement, material terms, statute of limitations, latent discovery.
State v. Brown
grant Defendant's petition for writ of certiorari; probation revocation based on absconding; N.C. Gen. Stat., Sec. 15A-1343(b)(3a); competent evidence; waiver of State's presentation of evidence by in-court admission of the violations alleged; affirm activation of sentence; remand for clerical errors in judgment
State v. Bunting
Sentencing; invalid stipulation; question of law; prior conviction points; prior record level
State v. Robinson
motion to suppress; Anders brief; substantial assistance
State v. Thorne
Statutory right to confrontation at probation violation hearings, N.C. Gen. Stat. 15A-1345(e); absconding from supervision, N.C. Gen. Stat. § 15A-1343(b)(3a); clerical error in judgment revoking probation.
Treadaway v. Payne
will; patent ambiguity; judicial interpretation; testator's intent
Wake Radiology Diagnostic Imaging LLC v. NC Dep't of Health & Hum. Servs.
Certificate of Need; Demonstration project for limited-use MRI scanner; Change in project under N.C. Gen. Stat. 131E-176(16)(e)