32,373 Appellate Court Opinions
alimony modification; substantial change of circumstances; bad faith; earning capacity; N.C. Gen. Stat. 50-16.3A(b)
domestic violence protective order; legitimate purpose; substantial emotional distress; continued harassment
Department of Social Services; Guardian ad Litem; N.C. Gen. Stat. § 7B-906.2; Visitation; Competent Evidence; N.C. Gen. Stat. § 7B-906.1; Best Interest; Permanency Planning Hearing; N.C. Gen. Stat. § 7B-905.1; Abuse of Discretion; and Out-of-State
3.1, neglect, disposition, reunification plan
involuntary commitment order, mental illness, dangerous to self, dangerous to others, bodily harm, pandemic
Involuntary Commitment Order; Sufficiency of Findings of Fact; Expert Witness Testimony; Preservation of Error; Hearsay
Abuse; neglect; waiver of challenge; best interests of child; clear and cogent evidence.
Extortion, material information in charging instruments, physical violence not required for true threats, fatal variance in proof, written findings required under N.C. Gen. Stat. 7B-2411, 7B-2501(c).
Termination of parental rights; Request to waive counsel; and N.C.G.S. 7B-1101.1(a1)
negligence, contributory negligence, JNOV, judgment notwithstanding the verdict, motion for directed verdict, damages
Permanency Planning; Legal Guardianship; Legal Custody; Juvenile; Reunification; Concurrent Plan; Due Process Clause; Fourteenth Amendment: Parent?s Constitutionally Protected Status; Guardian ad Litem; Department of Social Services; N.C. Gen. Stat. § 7B-906.1; Finding of Fact; Clear and Convincing Evidence; Conclusion of Law; De Novo; and N.C. Gen. Stat. § 7B-1001.
North Carolina Industrial Commission; workers compensation claim; timely filed claim; two-year limitation period; mental incompetency; jurisdiction; subject matter jurisdiction; employment; social security disability claim; representative payee; incompetency adjudication hearing; involuntary commitment; N.C. Gen. Stat. § 97-24(a); N.C. Gen. Stat. § 35A-1101; N.C. Gen. Stat. § 35A-1102; time-barred pursuant to N.C. Gen. Stat. § 97-50; 42 U.S.C. § 416(i).
Construction Contracts; Contract Formation; Negligence and Duty; Exclusion of Relevant Evidence; Motion in Limine; Preservation of Error; Motion for Directed Verdict; Jury Instructions
Assault with a deadly weapon intent to kill and inflicting serious injury, NCGS 14-32(a); Assault with a deadly weapon inflicting serious injury, NCGS 14-32(b); motion to dismiss; intent to kill; lesser included offense; possession of weapon of mass destruction; prior record level, NCGS 15A-1340.14(c)(4); date of offense, NCGS 15A-1340.14(c).
waiver of Miranda for juveniles
reasonableness of lifetime satellite-based monitoring; recidivist; sex offenses with a child under thirteen; Defendant's Fourth Amendment privacy interests balanced against State's interests and declared efficacy of SBM; totality of circumstances; amendments to SBM laws; Session Law 2021-138, sec. 18(i) and S.L. 2021-182, sec. 2(e) (collectively to be codified at N.C. Gen. Stat. § 14-208.46).
Aggressor doctrine; self-defense; plain error; jury instructions; exhibits.
Sufficient evidence of driving while intoxicated, N.C. Gen. Stat. 20-138.1(a)
motion to dismiss second-degree murder charge; knowingly driving while impaired, when combined with evidence of reckless driving or behavior, may constitute malice; motion for appropriate relief; recanted testimony; privilege against self-incrimination; U.S. Const. Fifth and Sixth Amendments; testimony subject of direct examination as opposed to collateral matters; the trial court may strike testimony in whole or in part or compel witness to testify
Jurisdiction to modify child custody order; challenged finding of fact supported by substantial evidence; trial court assessed whether a substantial change in circumstances affected the child?s welfare and whether modification of custody was in the child?s best interests; no abuse of discretion in modification of custody.