Appellate Court Opinions

Appeal from judgment entered after trial court's denial of defendant's motion to suppress evidence found during a traffic stop; whether the police officer unconstitutionally prolonged the stop under the Supreme Court of the United States' decision in Rodriguez v. United States.

Whether the State presented sufficient evidence to survive defendant's motions to dismiss a charge of maintaining a vehicle for the purpose of keeping marijuana.

Appeal from defendant's conviction for felony animal cruelty; whether the trial court erred in not instructing the jury on the lesser included offense of misdemeanor animal cruelty.

Whether defendants were entitled to summary judgment in their favor on real estate agent's claim that defendants wrongfully deprived her of a commission on the sale of their house by breaching their duty of good faith and fair dealing to the agent.

Appeal from trial court's grant of defendant's Rule 60 motion to set aside a modified voluntary child support agreement and order; whether the trial court that entered the modified agreement and order lacked jurisdiction to do so because the party seeking the modification did not follow the procedures in N.C.G.S. 50-13.7(a).

Condemnation proceeding filed under Article 9 of Chapter 136 to take defendant's leasehold interest in property for highway improvement purposes; whether, because defendant had a nonconforming billboard on the property under a long-term lease, the value of the property interest taken from defendant should have been determined under N.C.G.S. 136-131, defining 'just compensation' for a condemnation proceeding under the Outdoor Advertising Control Act, rather than under Article 9, governing DOT condemnation actions in general; whether certain evidence is admissible to help the trier of fact determine the fair market value of the condemned leasehold.

Appeal from a Court of Appeals decision reversing a trial court order affirming an assistant clerk of court's order removing respondent as trustee of his incompetent wife's special needs trust and as guardian of her estate; whether the order affirmed by the trial court contained erroneous findings of fact and conclusions of law; whether the Court of Appeals majority gave appropriate deference to the clerk's discretionary decision to remove respondent.

Whether the trial court's findings of fact supported its conclusion of law that respondent father's parental rights should be terminated under N.C.G.S. 7B-1111(a)(1).

Whether the trial court committed plain error by admitting expert testimony vouching for the credibility of the victim-witness in a trial for first-degree sexual offense with a child under the age of thirteen, crime against nature, and indecent liberties with a child.

Appeal from trial court's denial of defendant's motion to suppress evidence found during a traffic stop; whether police officers had reasonable suspicion to stop the vehicle defendant was driving.

Direct review of trial court's new order on remand denying defendant's motion to suppress evidence; when defendant was questioned by police while he was involuntarily committed, whether he was 'in custody,' required to receive Miranda warnings, and told he was free to end the questioning.

Whether the trial court committed gross prejudicial error by not intervening ex mero motu in the prosecutor's closing argument implying that defendant's paid counsel and paid expert witness assisted defendant in committing perjury.

Whether an indictment intended to charge defendant with robbery with a dangerous weapon was fatally defective.

Appeal from final judgment of N.C. Business Court dismissing plaintiff's complaint for failure to state a claim.

Appeals from 2013 and 2016 orders of the North Carolina Business Court interpreting pertinent provisions of the Internal Revenue Code and the North Carolina Revenue Act and denying a tax deduction for Market Discount Income to Fidelity Bank; whether the North Carolina Business Court erred by dismissing Fidelity Bank's 2015 petition for judicial review of an Amended Final Agency Decision.

Appeals from 2013 and 2016 orders of the North Carolina Business Court interpreting pertinent provisions of the Internal Revenue Code and the North Carolina Revenue Act and denying a tax deduction for Market Discount Income to Fidelity Bank; whether the North Carolina Business Court erred by dismissing Fidelity Bank's 2015 petition for judicial review of an Amended Final Agency Decision.

Interlocutory appeal from N.C. Business Court order denying partial summary judgment for defendant; application of N.C. Seed Law and Uniform Commercial Code to plaintiffs' complaints that defendant sold them mislabeled seed; whether defendant is allowed to limit plaintiffs' recovery of damages to the sale price of the seed or whether standard UCC remedies can apply.

Motion to suppress evidence obtained from a warrantless traffic stop; whether the arresting officer had reasonable suspicion to stop defendant's vehicle.