Appellate Court Opinions

Constitutionality of Governor's transfer of monies from Highway Trust Fund to General Fund pursuant to Executive Order

Interpretation of auto liability insurance policy under Maine law; whether a company not named as an insured in the policy is entitled to a defense under the policy

Admissibility of incriminating statements; whether juvenile defendant's Miranda rights under N.C.G.S. Sec. 7B-2101 were violated

Standard of review applicable to student disciplinary determinations

Whether requiring sex offenders whose crimes were committed before the satellite-based monitoring (SBM) law was enacted to enroll in SBM violates their constitutional protection against ex post facto laws

Noncapital murder case; whether trial court erred in denying defendant's request to instruct the jury on imperfect self-defense

Whether trial court violated Apprendi v. New Jersey when it found that defendant's indecent liberties offenses were 'aggravated' and ordered defendant's enrollment in lifetime satellite-based monitoring

Plain error review; whether a defendant convicted of manufacturing methamphetamine should receive a new trial due to a variance betweeen the language in the indictment and in instructions to the jury

Reasonable suspicion to make investigatory stopo of defendant's vehicle; motion to suppress contraband seized as a result

Whether satellite based monitoring (SBM) of a sexual offender 'recidivist' violates ex post facto protections

Whether felony serious injury by vehicle (FSIV) convictions must be vacated when the jury acquits defendant of a separate charge of DWI, which is a required element of FSIV; whether competent evidence supported the aount of restitution ordered by the trial court

Whether under the satellite-based monitoring program an 'aggravated offense' as defined in N.C.G.S. Sec. 14-208.6(1a) is determined by considering only the elements of the conviction offense and whether a conviction for taking indecent liberties with a minor qualifies

Whether a defendant who committed a sex offense before enactment of the State's lifetime satellite-monitoring program was punished ex post facto when the trial court ordered him enrolled in the program; ineffective assistance of counsel; validity of defendant's plea agreement

Whether a defendant who committed a sex offense before enactment of the State's lifetime satellite-monitoring program was punished ex post facto when the trial court ordered him enrolled in the program; double jeopardy; validity of defendant's plea agreement

Whether N.C.G.S. Sec. 14-415.1, which bars all felons from possessing firearms anywhere, is unconstitutional because it violates the ex post facto clause and is a bill of attainder

Probable cause to arrest for alleged DWI; revocation of driver's license under N.C.G.S. Sec. 20-16.2

Whether sentence reduction credits apply when determining the unconditional release date for an inmate who received an eight-year 'life sentence'

Statutory interpretation; extent to which subsection 113A-57(1) of the N.C. Sedimentation Pollution Control Act of 1973 regulates 'land-disturbing activities' in trout waters buffer zones