Appellate Court Opinions
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16,007 Appellate Court Opinions
State v. Fink
larceny by employee; NCGS 14-74; identity of the employer; fatal variance; Rule 404 (b) evidence; Rule 403 prejudice
State v. Garner
Failure to specify an entity capable of owning property on a larceny indictment;? ?arresting judgment without express justification for doing so;? ? double-jeopardy related arrest of judgment.?
State v. Jacobs
Evidence - Rule 412(b)
State v. Walker
?preservation of an argument on appeal;? ?sufficiency of the evidence;? ?general motion to dismiss for sufficiency of the evidence;? ?specific argument for a motion to dismiss for sufficiency of the evidence.?
Terrell v. Kernersville Chrysler Dodge, LLC
Denial of motion to compel arbitration
Wolski v. NC Div. of Motor Vehicles
Driver?s license revocation, implied-consent offense, affidavit modification, refusal to submit to testing
Supreme Court Opinions Filed March 17, 2017
In re Hughes
Appeal from Industrial Commission's denial of benefits under the N.C. Eugenics Compensation Program based on deceased claimant's constitutional challenge to a statutory requirement to qualify for the Program; whether the Court of Appeals has jurisdiction over the appeal; application of N.C.G.S. 1-267.1(a1).
In re Redmond
Appeal from Industrial Commission's denial of benefits under the N.C. Eugenics Compensation Program based on deceased claimant's constitutional challenge to a statutory requirement to qualify for the Program; whether the Court of Appeals has jurisdiction over the appeal; application of N.C.G.S. 1-267.1(a1).
In re Smith
Appeal from Industrial Commission's denial of benefits under the N.C. Eugenics Compensation Program based on deceased claimant's constitutional challenge to a statutory requirement to qualify for the Program; whether the Court of Appeals has jurisdiction over the appeal; application of N.C.G.S. 1-267.1(a1).
Old Republic Nat'l Title Ins. Co. v. Hartford Fire Ins. Co.
Dispute between bank that made a construction loan to a developer and the company that issued payment and performance bonds to a contractor who was not paid for his work; whether certain issues decided by a jury in a previous action between the contractor, who was in privity with the bond company, and the bank, coupled with statements made by the bond company's counsel to the court in the prior action, barred the bond company's claims in a later action raising the same issues; application of judicial estoppel.
State v. Stith
Whether the trial court erred in allowing the State to amend an indictment at the start of trial; application of N.C.G.S. 15A-923(e); whether the amendment was material.
Walker v. N.C. State Bd. of Dental Exam'rs
Appeal from licensing board's decision imposing discipline on licensee for violation of a board rule and for professional negligence in violation of the Dental Practice Act.
Court of Appeals Published Opinions Filed March 7, 2017
Harris v. N.C. Dep't of Pub. Safety
Standard of review of decision of ALJ; just cause; unacceptable personal conduct; use of force; NCGS 150B-51; NCGS 126-34.02
In re: C.P., C.P., J.C., J.T.
Guardian appointment; Parent's constitutional rights; Best interest of the juvenile; Verification of guardian's resources; N.C. Gen. Stat. Section 7B-600(c).
Key Risk Ins. Co. v. Peck
Third party workers' compensation claim - NCGS 97-10.2; Motion to substitute a party; Rule 17(a) Real party in interest; Abuse of discretion.
Krause v. RK Motors, LLC
Interlocutory appeal
Murray v. Moody
Workers' Compensation, N.C. Gen. Stat. 97-10.2(j), Determination of workers' compensation lien on judgment that employee obtained against third-party tortfeasor, Res Judicata
Rountree v. Chowan Cty.
Negligent misrepresentation, summary judgment