Appellate Court Opinions
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15,969 Appellate Court Opinions
State v. Heelan
Actual child victim not required to sustain an attempt conviction for taking indecent liberties with a child; motions to dismiss charges of indecent liberties and of child solicitation by computer for insufficiency of evidence that the defendant believed an adult undercover office posing as a minor was actually an underage female; alleged improper prosecutorial questioning; satellite-based monitoring (SBM)
State v. Holmes
First-degree murder; instruction on lesser-included offenses; relevance; closing arguments; expert testimony
State v. Hyman
Motion for appropriate relief (MAR); ineffective assistance of counsel (IAC); successive or simultaneous representation of clients; alleged dual-representation conflicts.
State v. Piland
Fourth Amendment; enhancement provision; expert testimony
State v. Pless
pretrial identification, expert testimony, substitute expert
State v. Seam
Eighth Amendment; N.C. Const. Art. I, § 27; gross disproportionality; N.C. Gen. Stat. § 15A-1340.19B(a)(1); Miller v. Alabama; ex post facto law
State v. Shuler
Case description: Statutory Sex Offense; Indictment; Facially Defective; N.C. Gen. Stat. § 15-144.2; Identify Victim
State v. Wirt
constructive possession; driver of a vehicle; jury instructions; sufficiency of evidence
Walton v. Walton
Alimony; inputed income, bad faith, ability to pay, part-time job; reasonable expenses.
Watson v. Joyner-Watson
Reconciliation of Chapters 28A and 50; jurisdiction over equitable distribution action following former spouse's death; N.C. Gen. Stat. 1A-1, Rule 12(b)(1)
Watson v. Watson
Equitable distribution of survivor benefit plan (SBP) annuities to former spouse; requirements for deemed election; 10 U.S.C. 1448
Supreme Court Opinions Filed December 7, 2018
Azure Dolphin, LLC v. Barton
Appeal from final judgment of North Carolina Business Court granting defendants' motion to dismiss all claims under Civil Procedure Rule 12 and from interlocutory order denying plaintiffs' motion to file a second amended complaint.
Corwin v. British Am. Tobacco PLC
Whether a minority stockholder of a North Carolina corporation owed fiduciary duties to its fellow stockholders.
Hairston v. Harward
Motor vehicle wreck caused by underinsured driver; judgment for plaintiff against defendant tortfeasor; whether defendant can receive credit against the amount of the judgment owed by him for monies paid to plaintiff by plaintiff's UIM carrier.
In re Will of Allen
Whether a holographic codicil later added to a page of a properly attested, typewritten will met statutory and case law requirements to be valid; whether the Court of Appeals erred in reversing the trial court's grant of summary judgment for the propounder and remanding for entry of summary judgment in favor of the caveators.
Morrell v. Hardin Creek, Inc.
Action by tenants to recover damages based on landlord's alleged negligent renovation of the leased premises that resulted in severe damage to plaintiffs' equipment and business interests; whether the lease agreement contained an unambiguous waiver of all claims by either party based on the other party's negligence.
N.C. Acupuncture Licensing Bd. v. N.C. Bd. of Physical Therapy Exam'rs
Appeal from final order and opinion of N.C. Business Court affirming a declaratory ruling by defendant board stating that 'dry needling' is within the scope of practice of physical therapists.
Pine v. Wal-Mart Assocs.
Workers' Compensation Act; whether, after her employer admitted medical compensability for certain injuries via a Form 60, an employee met her burden to show causation for other medical conditions arising from the same accident but for which the employer did not admit liability; whether the Industrial Commission's erroneous application of the 'Parsons presumption' requires the award of benefits to be set aside and remanded to the Commission.
State v. Fowler
Appeal from defendant's conviction for driving while impaired; whether the trial court committed reversible error by instructing the jury on the basis of a legal theory lacking evidentiary support.