Appellate Court Opinions

Whether a child custody review order entered under N. C. G. S. section 7B-906 is appealed under former section 7B-1001(4); did trial court have subject matter jurisdiction without an affidavit of minor child's status/

Tort claims act; fire in county jail; DHHS inspection requirements; public duty doctrine

Guilty plea entered before Blakely v. Washington and State v. Allen were decided; whether defendant knowingly stipulated to facts supporting the trial judge's finding of an aggravating sentencing factor

Felony sentencing; whether defendant's probationary status when he committed the offense at issue should have been submitted to the jury

Felony sentencing; whether defendant's probationary status when he committed the offense at issue should have been submitted to the jury

Whether a positive urine test for marijuana, standing alone, supports a conviction for possession

Whether defense counsel's stipulation to existence of a factual basis for defendant's guilty plea was also a stipulation to the facts supporting the trial judge's finding of aggravating sentencing factors

Felony drug charges; admissibility at trial of evidence of previous drug sale by defendant under Rule 404(b)

Appeal from probation revocation and reactivation of suspended sentences in aggravated range; application of Blakely to original enhanced sentences that were final before Blakely was decided

Embezzlement; trial judge's determination of aggravating sentencing factor following guilty plea

Alford guilty plea entered before Blakely v. Washington and State v. Allen were decided; whether defendant knowingly stipulated to facts supporting the trial judge's finding of an aggravating sentencing factor

Felony sentencing; whether defendant's probationary status when he commited the offenses at issue should have been submitted to a jury

Multiple sexual offenses with a minor; unanimous jury verdicts; judicial finding of an aggravating factor at sentencing (Blakely)

Appeal from probation revocation and activation of suspended sentences in aggravated range; application of Blakely to original aggravated sentences that were final before Blakely was decided

Equitable distribution; whether death of one spouse after date of separation but before divorce converts real property held as tenants by entirety to surviving spouse's separate property

Interlocutory appeal from denial of motion to dismiss; subect matter jurisdiction; church governance issues

Dependent child; appeal from order granting legal custody to biological father; trial court's jurisdiction to conduct evidentiary hearing once juvenile matter has been closed

Judicial removal; failure to file federal income tax return