Appellate Court Opinions
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15,820 Appellate Court Opinions
Belmont Ass'n, Inc. v. Farwig
N.C. Gen. Stat. 22B-20; restrictive covenant; summary judgment; statutory interpretation.
Benson v. Prevost
easement, map, driveway, boat, deed, parking, conveying, conveyance, depicted, recorded, slips, ingress, parties, egress, attorney's fees, easement rights, reasonable use, trial court, interfere, rights, gate, summary judgment, right to use, purchaser, adjacent, appears, feet
C Invs. 2, LLC v. Auger
Challenge to decades-old covenants in residential subdivision; Real Property Marketable Title Act; exception for covenants that are part of a scheme of development and that restrict the property to residential use only, or more narrowly to multi-family or single-family residential use only; statutory construction
DiPrima v. Vann
trial court erred by (1) failing to make findings of defendant's intent before entering no-contact order; (2) considering conduct that did not occur in NC; and (3) basing its order on incidents when defendant was not sixteen years of age
Exec. Off. Park of Durham Ass'n, Inc. v. Rock
Non-judicial power of sale foreclosure; order of sale; redemption payment; fees, fines and interest; NC Unit Ownership Act NCGS sec. 47A; NC Condominium Act NCGS sec. 47C.
Miller v. Carolina Coast Emer. Physicians, LLC
Time for filing cross-appeals under Rule of Appellate Procedure 3(c)(3); Motions to Tax Costs and General Appearances; Relation back of defenses; Rule 9(j) Motions to Dismiss; Exclusion of Medical Malpractice Experts under Rule of Evidence 702 and N.C. Gen. Stat. 90-21.12; Summary Judgment
Murray v. Deerfield Mobile Home Park
Summary judgment; motion to amend counterclaims; severability of land sales contract; option contract; consideration; specified date; statute of frauds; marital interest.
State v. Garrett
indictment alleging possession and transportation of Fentanyl alleged possession and transportation of opiate qualifying as a schedule II controlled substance; no plain error existed where trial court communicated the essence of the deadlocked jury instructions but did not recite statutory language verbatim
State v. Mack
Rule 404(b); Plain error; Sexually violent offenses; SBM
State v. McSwain
Motion to dismiss; sufficiency of the evidence; forgery of a check; uttering a false check; falsity element; authority to sign; illustrative evidence
State v. Parker
probable cause supported officer's search of vehicle where officer smelled what he believed was marijuana and passenger admitted smoking marijuana recently and produced marijuana from his person; there was no error in jury instructions stating that Cyclopropylfentanyl and N-ethylpentylone were controlled substances where evidence was contradicted that substances were chemical analogues or derivatives of listed controlled substances
State v. Spinks
constitutional right to a speedy trial; mistrial based on juror misconduct; statutory right to effective counsel in SBM proceedings
State v. Washington
Rules 401, 404(b); trial court did not err
Court of Appeals Published Opinions Filed May 4, 2021
Culbreth v. Manning
Rule 53; Referee's report; De novo review
State v. Crudup
Felony larceny; felony breaking and entering; habitual felon; waiver of counsel; abuse of discretion; refusal to participate in trial; standby counsel.
State v. Daw
habeas corpus; petitioner failed to make threshold showing that an act, omission, or event had occurred entitling him to be discharged
State v. Doisey
Constitutional right to counsel; waiver; resentencing; motion for appropriate relief
State v. Ezzell
N.C. Gen. Stat. 8C-1, Rule 104; N.C. Gen. Stat. 8C-1, Rule 1101; N.C. Gen. Stat. 8C-1, Rule 702; applicability of rules of evidence to suppression hearings; probable cause of driving while impaired
State v. Flow
First-degree sexual offense; first-degree rape; DVPO with a firearm; voluntary absence from trial; competency; unanimous jury verdict.