Appellate Court Opinions

Whether appellee is a manufacturing industry or plant entitled to a tax exemption despite using the majority of the Hot Mixed Asphalt it produces for its own contracting purposes.

Whether the trial court erred by failing to intervene ex mero motu during the prosecutor's closing arguments and whether the jury instructions correctly explained defense of habitation and first-degree murder by lying in wait.

Whether the superior court erred in finding that a district attorney had an actual conflict of interest in prosecuting a defendant based solely on the alleged victim's position as county manager.

Whether a defendant is required to give notice of intent to appeal to preserve the right to appeal under N.C.G.S. 15A-979(b) when pleading guilty as charged.

Whether the Court of Appeals properly applied the plain error standard of review to evidentiary challenges and the grossly improper standard of review to statements at closing argument.

Whether the indictment charging defendant with second-degree rape failed to sufficiently allege the elements of the crime, and whether such alleged pleading deficiencies affect the jurisdiction of a trial court.

Whether the Court of Appeals erred in vacating the trial court's judgment because the indictment was insufficient.

Whether the trial court exercised discretion under N.C.G.S. 15A-1233(a) when denying in part a jury request for trial transcripts.

Whether the Court of Appeals erred in affirming the trial court's decision to exclude evidence under Rule 412 of the North Carolina Rules of Evidence.

Whether post-separation conduct can be used to corroborate pre-separation conduct in alienation of affection and criminal conversation claims and whether the pre-separation evidence in this case gave rise to more than mere conjecture that defendant was plaintiff's wife's alleged paramour.

Whether the Court of Appeals erred in affirming the trial court's orders on defendants' motion to dismiss and motion for summary judgment.

Whether the Court of Appeals properly held that a municipality waived governmental immunity because the complaint sufficiently plead waiver, and whether summary judgment was properly awarded for a municipality and a police officer on claims brought under N.C.G.S. 20-145.

Whether plaintiff demonstrated genuine issues of material fact sufficient to survive summary judgment on claims that defendant North Carolina Department Health and Human Services arbitrarily and capriciously placed plaintiff on Medicaid prepayment review in violation of its state constitutional substantive due process and equal protection rights.

Whether the Court of Appeals erred by reversing the trial court's order adjudicating as neglected and dependent a child whose father abandoned his pursuit of her after she ran across a busy road.

Review of recommendation for suspension.

Whether the Court of Appeals applied the proper legal test to determine whether a medical treatment is directly related to a compensable injury in a workers' compensation case.

Whether an underinsured motorist coverage claimant who owned the at fault vehicle but was not the tortfeasor may stack multiple underinsured motorist coverage policies inter policy when determining whether his vehicle is an underinsured highway vehicle under N.C.G.S. 20 279.21(b)(4).

Whether a lawsuit filed against the insured triggers a duty to defend because it concerns an 'advertising injury' under the terms of an excess policy of insurance issued by the insurance company and whether exclusions apply.

Whether moving to claim exempt property after entry of a judgment without raising a defense of insufficient service of process is a general appearance in the underlying action that waives objections to personal jurisdiction and the sufficiency of service of process.