32,373 Appellate Court Opinions
Motion to Dismiss Appeal; Rule 12(b)(6) Motion to Dismiss; Malicious Prosecution; Abuse of Process; and Probable Cause
denial of Rule 60(b) motion; attorney?s fees; void judgment
trafficking, traffic stop, license plate, renewal sticker, Commissioner, DMV, reasonable suspicion, mistake of law, registration card, ambiguous
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
Fifth Amendment; custodial interrogation; barricaded suspect; and clerical error
Miranda Rights; interrogation; confession; unambiguous request for counsel; motion to suppress; Fifth Amendment
New trial; Motion to Dismiss; Rule of Evidence 404; Limiting Instructions; and Hearsay
proof of prior felony conviction; jury instruction; felonious possession of marijuana
Jury instructions; mandatory presumption; attorney-client privilege; motion to compel.
special condition of probation; abuse of discretion; N.C.G.S. 15A-1343
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.
solicitation; first-degree murder; lesser included offense; improper closing argument
valid indictment; factual basis for plea; sentencing procedures; ? 15A-1024
Jury request, NCGS 15A-1233, and judicial discretion
Motion to suppress; petition for writ of certiorari; improper notice of appeal; plain error standard; inadequate conclusions of law.
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
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
Industrial Commission determination of witness credibility; Commission did not err by concluding that Plaintiff failed to meet his burden of proving a compensable injury.