13,760 Appellate Court Opinions
Whether (1) the trial court erred by denying defendant's motion for a directed verdict on pain and suffering damages; (2) the Court of Appeals erred in upholding the denial of defendant's motion for judgment notwithstanding the verdict ('JNOV') on administrative negligence under N.C.G.S. 90-21.11(2)(b); (3) defendant was entitled to a new trial because it was prejudiced by the alleged intertwining of plaintiff's medical negligence and administrative negligence during trial; and (4) the trial court erred by granting plaintiff's motion for a directed verdict on contributory negligence.
Whether grounds existed to terminate the father's parental rights where there was never an adjudication of the minor child as abused, neglected or dependent and whether the evidence supports a finding that the father willfully abandoned his child.
Termination of parental rights; no-merit brief; pro se arguments; district court judge's recusal not required based solely on her entry of prior orders designating adoption as child's permanent plan.
Whether the evidence and findings of fact support the trial court's conclusion that respondent's parental rights were subject to termination based on willful abandonment.
Termination of parental rights; whether the respondent-mother's failure to contact the child during the six months immediately preceding the filing of the petition supports the trial court's adjudication of willful abandonment under N.C.G.S. 7B-1111(a)(7).
Termination of parental rights; Best interests of the child pursuant to N.C.G.S. 7B-1110.
Termination of parental rights pursuant to N.C.G.S. 7B-1111(a)(1), (2), (6) (2019). No-merit review pursuant to Rule 3.1(e) of the North Carolina Rules of Appellate Procedure.
Whether the Business Court applied the correct standard of review to plaintiff's claims and whether the Business Court afforded proper deference to the Governor's emergency orders during the global pandemic.
Whether the trial court erred in ruling that defendant's motion for appropriate relief which sought relief under the Racial Justice Act (RJA) was voided by the retroactive application of the RJA repeal.
Whether a pro se defendant seeking postconviction DNA testing in a first-degree murder case has sufficiently met the burden of the showing required under N.C.G.S. 15A-269 to be appointed counsel to assist him in the effort to obtain such testing.
Whether defendant's appellate counsel was ineffective for failing to cite to a line of cases that used a standard of review that is inapplicable in this case.
Whether the repeal of the Racial Justice Act violated the North Carolina Constitution and Constitution of the United States.
Whether (1) the trial court erred by failing to give defendant's proposed jury instructions on self-defense and transferred-intent; (2) defendant was prejudiced by such an error; and (3) the Court of Appeals was correct to remand the case for the entry of a judgment convicting defendant of second-degree murder.
Whether defense counsel conceded defendant's guilt to a charged offense without his prior consent so as to constitute a per se violation of his constitutional right to effective assistance of counsel.
Whether the repeal of the Racial Justice Act violated the North Carolina Constitution and the Constitution of the United States.
contracts; offer and acceptance; acceptance must conform to offer to be effective; no contract existed where neither acceptance or performance conformed to offer
Dead Man's Statute; prior to Uniform Premarital Agreement; statute of limitations
Juvenile Petition, Permanency Planning, Findings of Fact, Statutory Requirements, Visitation