32,711 Appellate Court Opinions
Termination of parental rights, financial contribution, due process.
Termination of parental rights
N.C. Gen,. Stat. § 7B-903(a1)
termination of parental rights; unchallenged findings of fact support conclusion of law that juvenile was neglected;
N.C. Gen. Stat § 7B-1108.1; Notice of Termination hearing; Adequate inquiry; Right to counsel; N.C. Gen. Stat. § 7B-1106(a)(1); N.C. Gen. Stat. § 7B-1101.1; Appearance; Withdrawal; Fundamental fairness; Parental rights; Termination of Parental Rights; TPR; Contact; Motion to extend time.
Termination of parental rights, challenge to disposition, findings of fact, supported or unchallenged binding
Unfair and Deceptive Trade Practices Act; UDTP; N.C. Gen. Stat. 75-1.1; N.C. Gen. Stat. 1-21; UDTP cause of action arose outside of state such that borrowing provision applied; no error in dismissing action for failure to state a claim; Rule 12(b)(6)
Abatement of mass gatherings during pandemic, 12(b)(6) dismissal, constitutional claims, sovereign immunity, right to fruits of own labor, selective enforcement
Termination of Parental Rights; Insufficient Evidence; Repetition of Neglect; Willful Abandonment; Record on Appeal
Termination of parental rights; Neglect; Willful failure; Domestic violence; Parental capacity assessment; Sexual abuse; Mental health; Juvenile; Substance abuse; Visitation; Foster care; N.C. Gen. Stat. § 7B-1111(a)(2); Adjudication; Basic needs; Reasonable progress; Behavioral health; Relationships; DSS; Contact; GAL; Anger management; Parenting class.
Interlocutory appeal; incorrect statement of grounds for appellate review; lack of appellate jurisdiction
Exploitation of a disabled or elderly person while in a business relationship; Obtaining Property by False Pretenses; Confrontation Clause; Cross-examine; Opportunity to cross-examine; Hearsay, Hearsay exception; N.C. Gen. Stat. § 8C-1, Rule 804; Witness unavailable; Former testimony; Crawford; Testimonial statements; No-Contact Order; Absent from trial; Due Process; Sixth Amendment; Right to inspect; Weatherford.
Violent Habitual Felon Statute; mandatory LWOP; Juvenile conduct; eighth amendment; ineffective assistance of counsel; motion for appropriate relief
no error in admitting challenged Rule 404(b) evidence; trial court improperly considered the defendant's exercise of his constitutional right to demand a trial by jury in deciding to impose three consecutive sentences
Prosecution of current child abuse and assault charges may proceed, consistent with the constitutional prohibition against double jeopardy, where the current charges are not the same offense as the previous attempted first-degree murder charge.
Assault by strangulation; motion to dismiss; sufficient evidence of physical injury
Plea agreement; Plea arrangement; Withdrawn plea; Withdrawal; Alford plea; N.C. Gen. Stat. § 15A-1024; Plea Bargain; Consideration; Inducement; Constitutional right; Benefit of the bargain; Sentencing.
Zoning; digital billboards; interpretation that harmonizes conflicting provisions; ambiguous language in zoning ordinances construed in favor of free use of real property
Defamation; motion for judgment on the pleadings, N.C. Gen. Stat. 1A-1, Rule 12(c); motion to dismiss for failure to state a claim, N.C. Gen. Stat. 1A-1, Rule 12(b)(6); qualified privilege defense; fair report privilege defense