Appellate Court Opinions

Products liability action; N.C.G.S. § 99B-3.

Whether trial court erred in granting defendant's pretrial motions to suppress and to dismiss the charge of resisting a public officer; and resulting in the dismissal of all charges against defendant

Whether the trial court committed plain error by erroneously instructing the jury on conspiracy to commit robbery with a dangerous weapon when it gave proper instructions on attempted robbery with a dangerous weapon.

On retrial; admissibility of evidence presented at defendant's MAR hearing following his first trial on the same charges; whether defendant should have been allowed to cross-examine the victim about her identification of him and a codefendant as perpetrators of the alleged crimes; whether the trial court should have barred introduction of evidence about the weapon purportedly used by defendant; whether the Court of Appeals erred in ordering dismissal of all charges

Claims for conversion and constructive trust against an asset-based lender whose debtor allegedly converted the plaintiff's funds

Review of recommendation for judicial suspension

Review of recommendation for judicial censure

Whether defendant made a valid waiver of his right to counsel under N.C.G.S. § 15A-1242

Admissibility of pornographic material featuring incest at trial under Rules of Evidence 403 and 404; whether defendant was convicted of an aggravated offense under N.C.G.S. § 14-208.6(1a) and thus subject to lifetime satellite-based monitoring

Whether expert testimony is required to establish the extent of a victim's mental capacity to consent when a defendant is charged with second-degree sexual offense pursuant to N.C.G.S. § 14-27.5 and crime against nature pursuant to N.C.G.S. § 14-177

MAR proceeding; whether a trial court can retroactively apply the Structured Sentencing Act to modify a criminal judgment entered under the Fair Sentencing Act

Whether it was reversible error for the trial court to require defendant to wear prison garb during his first day of trial

Whether City's zoning of a newly annexed tract of land (1) was illegal spot zoning and (2) complied with N.C.G.S. § 160A-383

Action to reform a purported gift deed based upon the Grantor's unilateral mistake; whether the trial court erred in granting defendants' motion for directed verdict in their favor

Whether the trial court erroneously instructed the jury on the standard of care owed by a landowner to a child who was injured by a natural condition on the landowner's property

Chief district court judge's authority to prohibit operation of a special traffic court established by the district attorney

Authority of clerk of superior court to determine reasonableness of attorney's fees that trustee-attorney in foreclosure proceeding pays to himself in addition to trustee's commission