2,445 Appellate Court Opinions
Whether the trial court considered matters outside the pleading and thus converted a Rule 12(b)(6) motion to dismiss to a Rule 56 motion for summary judgment.
Whether, under common law agency tenets, a principal in a joint real estate development venture is imputed with the knowledge of a co-principal's intent to defraud creditors by way of an insider conveyance of real estate property that is the subject of a lawsuit filed by the co-principal's creditor.
Whether the Court of Appeals erred in applying a de novo standard of review in reviewing findings of the Industrial Commission under the timely-filing requirement of N.C.G.S. 97-24 and reversing the Commission's dismissal of plaintiff's claim on that basis.
Appeal from order terminating respondent's parental rights; termination of respondent's parental rights pursuant to N.C.G.S. 7B-1111(a)(1); neglect.
Termination of parental rights; adjudication of ground for termination of willful abandonment pursuant to N.C.G.S. 7B-1111(a)(7).
Termination of parental rights; adjudication of ground for termination based on neglect under N.C.G.S. 7B-1111(a)(1).
Whether the trial court's factual findings supported its legal conclusion that respondent-mother had acted inconsistently with her constitutionally protected status as a parent by ceding custody of her minor children to their paternal grandmother and whether the trial court appropriately applied the 'best interests of the child' standard in awarding guardianship to the paternal grandmother.
Whether the trial court violated respondent-father's constitutional rights when it denied his request for a continuance, preventing him from appearing at a hearing on a petition for termination of his parental rights because the federal prison where respondent-father was incarcerated was under lockdown due to the COVID-19 pandemic.
Whether the Court of Appeals erred by holding that respondent-father failed to preserve his constitutional argument.
Termination of parental rights pursuant to N.C.G.S. 7B-1111(a)(1); whether the evidence and findings supported the conclusion that there was a likelihood of repetition of neglect.
Termination of parental rights; whether the trial court abused its discretion in denying respondent-mother's motion to continue the termination hearing.
Appeal from an order terminating respondent's parental rights; whether evidence supports the trial court's dispositional findings of fact; whether the trial court abused its discretion in concluding it was in the child's best interests to terminate respondent's parental rights.
On discretionary review pursuant to N.C.G.S. 7A-31 seeking review of the sufficiency of defendant's indictment.
Whether the trial court's order denying defendant's motion to suppress was insufficient to evaluate the constitutionality of the checking station.
Whether the trial court committed prejudicial error by admitting certain testimony from an investigating police officer.
On a motion to dismiss for a Sixth Amendment speedy trial violation, the State may not elicit privileged testimony from a criminal defendant's former attorney to justify the delay in the case. A criminal defendant can prove prejudice for purposes of his Sixth Amendment speedy trial claim under Barker v. Wingo by demonstrating actual or presumptive prejudice.
Whether the trial court had a sufficient factual basis to enter judgment on multiple assault sentences from defendant's guilty plea.
Whether the Court of Appeals erred in finding no error in the trial court's denial of defendant's motion to dismiss and failure to instruct the jury on the statutory definition of 'registrant' pursuant to N.C.G.S. 90-87(25).