Appellate Court Opinions

Procedural due process claim insufficiently pleaded; issue of interlocutory appeal improvidently allowed

Whether an establishment that serves alcohol has any duty to prevent or discourage an intoxicated patron from driving a vehicle away from the premises

Constitutionality of N.C. State Lottery Act; whether Act is a revenue bill under Art. II, Sec. 23; assessment of litigation costs against plaintiffs

Termination of parental rights; whether failure to issue summons of TPR proceedings to children deprived trial court of subject matter jurisdiction

Discretion of trial court to admit or exclude expert witness in medical malpractice action pursuant to N.C.G.S. § 90-21.12 when witness relies on a national standard of care

Negligence action; flooding; whether plaintiffs' lay testimony was sufficient to rebut evidence from defendant's expert witness at summary judgment stage

First-degree murder (capital/death)

Motion to dismiss charge of first-degree rape under N.C.G.S. § 14-27.2(a)(2); whether the State presented sufficient evidence that defendant displayed a dangerous weapon

Sufficiency of evidence that defendant constructively possessed cocaine

Judicial determination of aggravating factor that defendant knowingly created great risk of death to more than one person; harmless error review under State v. Blackwell

Plain error review of instruction permitting a jury to find defendant guilty of kidnapping if he committed a single named felony different from the specific felonies alleged in indictments brought under N.C.G.S. § 14-39(a)(2)

Beneficiary's wrongful conversion claim against executor to recover funds in joint bank accounts established with decedent's money

Whether trial court had subject matter jurisdiction to terminate nonresident father's parental rights when he was not served with summons and petitions initiating an earlier proceeding that adjudicated the children as dependent

Termination of parental rights; whether failure to issue summons in TPR proceedings to children deprived trial court of subject matter jurisdiction

Motion to dismiss under N.C. R. Civ. P. 12(b)(2) for lack of personal jurisdiction over out-of-state defendants

Police officer lay opinion as to powder cocaine

N.C.G.S. § 108A-57(a); statutory allocation of medical expenses from tort claim settlement to determine State Medicaid reimbursements in compliance with Ark. Dep't of Health & Human Servs. v. Ahlborn

Whether effect of restrictive covenants should be considered when deciding whether to grant lot owner a variance from a land use ordinance