Appellate Court Opinions
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15,425 Appellate Court Opinions
State v. Smith
first-degree murder; murder; murder by torture; starvation; sexual assault; felonious child abuse by committing a sexual act; indecent liberties with a child; statutory rape; expert testimony.
Court of Appeals Published Opinions Filed July 5, 2023
Boulware v. The Univ. of N.C. Bd. of Governors
Termination of Public Employment;
Substantial Evidence ? Duty to Report;
Misapprehension of Law;
The Clery Act 20 U.S.C. § 1092;
Post-hoc change in justification;
Competent Evidence;
Foxx v. Davis
paving a road running through an easement did not constitute maintenance or repair, declaratory judgment action, reformation claim barred by statute of limitations, unjust enrichment, breach of contract
Gavia v. Gavia
findings of fact; competent evidence; child support; necessary party; decretal language; amount of child support; consent order; arrears; prospective child support
In re: A.H.
Abuse; Neglect; Adjudication and Disposition; Sufficiency of the Evidence; Unsupported Findings of Fact
In re: N.B. & N.W.
abused, neglected, and dependent juveniles; temporary emergency jurisdiction; home-state jurisdiction; UCCJEA
State v. Burris
driving while impaired, warrantless blood draw, curative instruction, exigent circumstances
State v. Gardner
lesser-included offense; jury instruction; voluntary manslaughter
State v. Hocutt
Plain Error; Hearsay; Rule of Evidence 803(5); New Trial
State v. Legrand
Motion to Dismiss; Attempted Armed Robbery; Attempted Murder; Prior Record Level; Prior Out-of-State Convictions
State v. Taylor
Second-Degree Murder;
Prior Charges as Rule 404(b) malice;
Rule 702;
Reliable Methods;
DWI;
Defective Indictment;
Prior Record Levels;
Resentencing;
Zander v. Orange Cnty.
School Impact Fees; Fee Refunds; Summary Judgment; Local Ordinances; Statutory Interpretation; Damages
Court of Appeals Published Opinions Filed June 20, 2023
In re: Chastain
Removal and disqualification of an elected official from N.C. office; N.C. Constitution Articles IV and VI; Clerk of Court; appropriate standard of review; egregious misconduct
In re: M.L.C.
Personal Jurisdiction; General Appearance; Ineffective Assistance of Counsel
Jarman v. Twiddy & Co. of Duck, Inc.
Motion to Change Venue; Third-Party Beneficiaries; Equitable Estoppel; Forum-Selection Clause
Johnson v. Lawing
modify custody order, motion to show cause, child's wishes, best interests
Mann v. Huber Real Est., Inc.
breach of fiduciary duty, unfair and deceptive trade practices, no genuine issue of material fact regarding whether Realtor called the sales contract a 'standard' contract or whether Realtor advised Plaintiff to seek legal advice prior to signing the sales contract.
Maynard v. Crook
trial court properly granted motion to dismiss slander of title and invasion of privacy claims under Rule 12(b)(6), but erroneously dismissed claims under Rule 12(c); trial court did not abuse its discretion by denying Rule 59 and 60 motions, but abused its discretion by denying Rule 52 motion