31,464 Appellate Court Opinions
Modification of probation; special conditions of probation; Anders brief; dismiss.
issues include whether trial court's findings of fact are supported by competent evidence; whether the court properly weighed mitigating evidence; whether the court applied the correct legal standard in imposing two consecutive LWOP sentences; and whether said sentences are constitutional
Probation revocation; Subject-matter jurisdiction; NCGS 15A-1344
attorney?s fees; N.C. Gen. Stat. § 75-16.1
parentage; paternity; assisted reproduction; child support obligation of sperm donor; choice of law; full faith and credit clause; trial court erred in concluding that full faith and credit dictated that North Carolina law applied to claim for child support; North Carolina choice of law rules require that North Carolina court apply Virginia's law of parentage to determine whether sperm donor owes child support to the donee where the insemination and conception occurred in Virginia
standing of relative to seek child custody; trial court erred in granting motion to dismiss for lack of standing under Rule 12(b)(6) where allegations in complaint and evidence submitted in support thereof showed that parents were unfit and had acted inconsistently with their constitutionally protected status as parents
Whether the First Amendment to the United States Constitution and Article I, Section 12 bar a lawsuit for tortious interference with prospective economic advantage based upon defendants' petitioning activity.
Whether a gaming enterprise constitutes an unlawful sweepstakes in violation of N.C.G.S 14-306.4.
Whether an individual may bring a claim under the North Carolina Constitution for a school board's deliberate indifference to continual student harassment.
Appeal pursuant to N.C.G.S. 7A-27(a)(3) from an order and opinion on defendants' Rule 12(b)(2) and Rule 12(b)(3) motions to dismiss.
Whether the Court of Appeals correctly held that the trial court did not commit reversible error by finding by clear and convincing evidence that respondent acted inconsistently with his constitutionally protected status as a parent.
Respondent-parents appeal the termination of their parental rights.
Order of censure for conduct that undermines public confidence in the integrity and impartiality of the judiciary; for allowing personal relationships to influence official judgment and conduct; for abuse of the prestige of judicial office; for improper ex parte communications; and for failure to diligently discharge judicial duties in violation of the Code of Judicial Conduct.
Whether the trial court properly granted defendant's motion to dismiss plaintiff's complaint.
Impermissible vouching regarding a child's credibility/believability; continued use of the word 'disclose' constituting impermissible vouching; admission of domestic violence evidence; plain error.
Whether the Court of Appeals erred in holding the trial court properly denied defendant's motion to dismiss the charge of possession with intent to sell or deliver methamphetamine based upon the sufficiency of the evidence offered at trial.
Sufficiency of the evidence to show that starvation proximately caused the decedent's death; whether a separate showing of malice is necessary to support a conviction for first-degree murder on the basis of starvation; and whether there was a fatal variance between an indictment charging negligent child abuse and the evidence upon which defendant's conviction rested.
Whether the prosecutor's improper commentary during the State's closing arguments highlighting defendant's choice to plead not guilty prejudiced defendant; whether the Court of Appeals erred in ordering a new trial for defendant.
Defendant was charged with speeding under N.C.G.S. 20-141(j1). Defendant appealed to the Court of Appeals arguing his waiver of his right to a jury trial was not knowing and voluntary under N.C.G.S. 15A-1201. Defendant appeals to this Court arguing the Court of Appeals erred when it held that he was not prejudiced by the trial court's error and that his waiver was knowing and voluntary.