29,208 Appellate Court Opinions
trial court did not err by paraphrasing witness testimony in factual finding; record did not support allegation that trial judge showed hostility to party; correction of order by trial court amounted to a merely clerical correction because it added no new substantive requirements to order; ordering a mental health evaluation of a party was within the court's discretion as other relief in an action for a no-contact order; trial court did not err in failing to rule on motion to dismiss that was not served on all parties and movant did not raise at the appropriate time
real estate financing transactions; North Carolina General Statute Chapter 45, Article 7; future advances; validity v. priority; deed of trust secured by real property; maturity date; record notice; summary judgment; affirmed and modified in part; reversed and remanded in part
Juvenile abuse and neglect; permanency planning; guardianship; trial court's duties under Indian Child Welfare Act
Services needed; substantiated; neglected juveniles; clear and convincing evidence; conclusion of law; and finding of fact.
permanency planning; N.C.G.S. § 7B-906.2; reunification efforts; misapprehension of law
child custody; relocation; potential military deployment; N.C. Gen. Stat. 50-13.2(f); statutory construction
Enforcement of foreign judgments; UEFJA
Equitable distribution; parties? standard of living during the marriage; alimony.
alienation of affection and criminal conversation; no notice of trial; due process rights; Rule 2
lifetime satellite-based monitoring an unreasonable warrantless search
First-degree murder; felony murder; assault with a deadly weapon; attempted robbery with a deadly weapon; eyewitness identification, NCGS 15A-284.52(d)(3); implicating third parties; suggestive photo lineup; errors in closing arguments; hearsay and relevant evidence; sufficiency of the indictment; non-capital murder.
felony larceny of a motor vehicle; insufficient evidence of value of vehicle; vacate in part and remand for resentencing; enter judgment on lesser-included misdemeanor larceny; breaking and entering with intent to commit a felony therein; evidence of intent to commit larceny of car keys at time of entrance into home; no error; remand to correct clerical errors in felony breaking and entering status and class in judgment
Anders, Kinch, own review, sentence imposed, not authorized, prior record level
Possession with intent to sell or deliver within 1000 feet of a school; motion to dismiss; sufficiency of evidence; constructive possession; intent to sell or deliver; statutory interpretation of within 1000 feet of a school
Possession of a firearm by a felon; ineffective assistance of counsel; motion to dismiss; constructive possession; prior convictions
Statutory sex offense; element of penetration; labia; victim testimony; insufficient evidence; and motion to dismiss.
Willful failure to appear; motion to dismiss; sufficient evidence; inference; willfulness; habitual felon status
Motion to dismiss; insufficiency of the evidence; speculation; conjecture.