Appellate Court Opinions
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19,592 Appellate Court Opinions
Willis v. N.C. Dep't of State Treasurer
TSERS benefits accrual, estoppel from denial based on employer error
Court of Appeals Unpublished Opinions Filed January 17, 2023
Gilleland v. Adams
Procedure for Standing in child custody hearing, parent and child relationship, unchallenged findings of fact are binding.
Hwang v. Cairns
employment contract; sovereign immunity; public official immunity; summary judgment; Rule 15
In re M.W.
abused and neglected juvenile; home state of the juvenile; temporary emergency jurisdiction; N.C. Gen. Stat. section 50A-204; caretaker status; preservation; N.C. Gen. Stat. section 7B-903; statutory interpretation
State v. Abrams
Permissible scope of Terry frisk; motion to suppress; armed and dangerous; reasonable suspicion; ?plain feel? doctrine; ?immediately apparent? object; probable cause.
State v. Anderson
plain error review; Rule 403; post-arrest silence; no prejudicial error; in camera review; preservation; appellate record; motion to dismiss
State v. Boykin
resentencing; Anders review
State v. Bryan
Alford plea; restitution; restitution worksheet; contractual nature of plea agreement; prosecutor's statements; N.C. Gen. Stat. Sec.15A-1340.36.
State v. Cox
second-degree murder; Rule 404(b); jury instructions
State v. Messer
Breaking or entering; N.C. Gen. Stat. 14-54(a); felonious larceny; restitution award; definite and certain stipulation; motion to dismiss; sufficiency of the evidence; intent to commit larceny.
State v. Thomas
Confrontation Clause; preservation; general objection
Young v. City of Durham
minor special use permit; quasi-judicial decision; competent, material, and substantial evidence in the record; review factors; sufficient findings of fact; exclusion of witness testimony
Court of Appeals Unpublished Opinions Filed December 29, 2022
Bates v. Staples, Inc.
Affirm; N.C. R. Civ. P. 5(b)(2); Rule 55; default judgment; issue preservation; summary judgment; 42 U.S.C. 1981; 42 U.S.C. 1983; state action, discrimination
Dr. Suriya Jayawardena v. Dr. Matthew A. Daka.
Summary judgment; shareholder dispute; buy-out provisions in shareholder agreement; valuation of shares in medical practice; breach of fiduciary duty claim
Estate Henry Wyer vs Alamance Reg'l Med. Ctr.
Rule 9(j), Rule 12(b)(6), res ipsa loquitur, medical malpractice, breach of contract, N.C.G.S. s. 90-21.11.
Estate of Keith Scott v. City of Charlotte .
Shooting by law enforcement officer; public official immunity; interlocutory appeal; pendent appellate jurisdiction
Estate of Zamarie Chance v. Fairfield Inn and Suitesl
Rule 56 of the North Carolina Rules of Civil Procedure; summary judgment; appellate rules violations; wrongful death action; negligence; duty of care for innkeeper; special relationship establishing duty; no substantial evidence showing the essential element of breach of duty; no genuine issue of material fact.
Gantt Constr. v. City of Hickory
summary judgment; Rule 41(a); voluntary dismissal; relation back; same parties; statute of limitations.