Appellate Court Opinions

Error by ALJ and trial court in review of administrative agency decision

life without parole, Juvenile offender, N.C. Gen Stat SS 15A-1340.19b

Motion for Mistrial; Abuse of Discretion; Intoxicated Witness

summary judgment; contracts; pre-audit certificate requirement; waiver; governmental immunity; unjust enrichment

Planning Board; de novo; whole record test; in pari materia;

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

Genuine issue of material fact; Negligence; Negligent misrepresentation; Professional negligence; Summary judgment

Medicaid; prepayment claims review; "clean claim"

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;

subject-matter jurisdiction, adjudication, abuse, neglect, factual allegations, emotional abuse, sexual abuse, ineffective assistance of counsel, testimony

attorney's fees, estate proceeding, conflict of interest, clerk of court, necessary charges, prenuptial agreement, personal representative

Workers' Compensation; independent contractor, employer-employee relationship; NCDOT, off-duty police officer, traffic control work; Hayes factors; employment contract; simultaneous control

motion for capacity hearing; no abuse of discretion; competent to stand trial;

First Degree Murder;
Premeditation & Deliberation;
Motion to Dismiss;
Expert Witness;
Brady v. Maryland;
Rule 404(b);
Closing Argument;

plain error review; expert testimony; improper jury arguments

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

larceny from a merchant by product code fraud, larceny, motion to dismiss, restitution, fatal variance

death by distribution; proximate cause; actual cause; Rule 404(b)

motion to dismiss, insufficiency of evidence, possession of cocaine