13,487 Appellate Court Opinions
motions for directed verdict and for judgment notwithstanding the verdict under Rule 50 of North Carolina Rules of Civil Procedure; sufficiency of evidence for submission to jury where no evidence was presented during trial that anyone other than named beneficiary of retirement accounts was beneficiary of accounts
Cancellation of insurance policy; breach of contract; unfair and deceptive trade practices; motion in limine; appraisal as condition precedent; directed verdict following denial of summary judgment; exclusion of expert witness; NCGS 58-63-15; grounds for appellate review; sanctions.
Judgment Notwithstanding the Verdict, Calculation of Damages, Amended Counterclaim
Justiciability; Exceptions to Mootness; Collateral Consequences; Public Interest; Capable of Repetition Yet Evading Review
sufficient findings of fact to support the conclusion of dangerous to self; entry of a commitment period which exceeded the statutory maximum was impermissible
ICWA, ICWA Notification, Remand
insufficient evidence to support findings of fact; findings of fact failed to support the conclusion that respondent was dangerous to self
motion to set aside bond forfeiture; unauthorized practice of law within meaning of Section 84-5; sanctions reversed.
Probation, willful absconding
AWDWISI, charge conference, motion to dismiss, deadly weapon
satellite-based monitoring; sex offender; Fourth Amendment; remanded for reconsideration in light of State v. Grady
Hearsay vs Corroborative evidence: N.C.R. Evid. 801; N.C.R. Evidence 602 - personal knowledge; jury instruction re: defendant's flight; sentencing N.C.G.S. § 15A-1340.14(e) - prior record calculation: substantially similar, N.C.G.S. § 14-27.25(a), satellite-based monitoring N.C.G.S § 14-208.40A; Motion for appropriate relief - material conflict
Jury Request for Transcript of Witness Testimony During Deliberations; Statutory Requirement that Trial Court Exercise Discretion; Prejudicial Error
true threat, first amendment, anti-threat statute, ncgs 14-16.7, unprotected speech, jury instructions motion to dismiss, independent appellate review
reasonable suspicion; traffic stop; N.C.R. Evid. 403; horizontal gaze nystagmus testing
defamation per se; NCR Civ P 12(b)(6) dismissal
Defamation and libel; defamation as negligence; absolute privilege; immunity from suit; motion to dismiss; quasi-judicial.
child custody order re: relocation of children w/parent to another state - factors & adequacy of findings; NCGS 50 13.2(a); best interest of child