Appellate Court Opinions
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15,369 Appellate Court Opinions
Court of Appeals Published Opinions Filed December 19, 2023
Carcano v. JBSS, LLC
N.C. Gen. Stat. Section 1-47(1); statute of limitations; North Carolina Rules of Civil Procedure; nunc pro tunc; correcting order; misnomer; identity; immaterial; affirmative defense; genuine issue of material fact; corporation; pro se
Cranes Creek, LLC v. Neal Smith Eng'g, Inc.
Genuine issue of material fact; Negligence; Negligent misrepresentation; Professional negligence; Summary judgment
Elite Home Health Care, Inc. v. N.C. Dep't of Health & Hum. Servs.
Medicaid; prepayment claims review; "clean claim"
In re: K.N. & K.N.
Termination of Parental Rights;
Abuse, neglect, and failure to make reasonable progress;
Challenged findings of fact;
Judicially-noticed facts;
Nexus between removal and case plan;
Best interests;
In re: M.M., E.M., J.M., S.M., C.M.
subject-matter jurisdiction, adjudication, abuse, neglect, factual allegations, emotional abuse, sexual abuse, ineffective assistance of counsel, testimony
In re: Seamon
attorney's fees, estate proceeding, conflict of interest, clerk of court, necessary charges, prenuptial agreement, personal representative
Lassiter v. Robeson Cnty. Sheriff's Dep't
Workers' Compensation; independent contractor, employer-employee relationship; NCDOT, off-duty police officer, traffic control work; Hayes factors; employment contract; simultaneous control
State v. Bethea
motion for capacity hearing; no abuse of discretion; competent to stand trial;
State v. Burnett
First Degree Murder;
Premeditation & Deliberation;
Motion to Dismiss;
Expert Witness;
Brady v. Maryland;
Rule 404(b);
Closing Argument;
State v. Figueroa
plain error review; expert testimony; improper jury arguments
State v. Gregory
limitation on cross-examination of the State’s expert witness, confrontation rights, capacity to proceed, defense of insanity, defendant’s mental condition, feigning or malingering symptoms, Sell hearing, forced medication, denial of request for a special jury instruction on insanity
State v. Hill
larceny from a merchant by product code fraud, larceny, motion to dismiss, restitution, fatal variance
State v. McCrorey
death by distribution; proximate cause; actual cause; Rule 404(b)
State v. Michael
motion to dismiss, insufficiency of evidence, possession of cocaine
State v. Rubenstahl
voluntary intoxication, second degree murder instruction, premeditation and deliberation
State v. Saldana
N.C. Gen. Stat. § 90-96; Guilty plea; Conditional discharge; Motion to withdraw plea; Motion for appropriate relief; Immigration; Federal law; Manifest injustice; Misunderstanding consequences of guilty plea.
State v. Shumate
N.C. Gen. Stat. § 14-34.1; Jury Instructions; “In Operation”; Motion to Dismiss; No Error.
Supreme Court Opinions Filed December 15, 2023
D.V. Shah Corp. v. VroomBrands, LLC
Whether a trial court reversibly errs in failing to exercise its discretion to hear oral testimony at summary judgment based on a misapprehension of law.