Appellate Court Opinions
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15,837 Appellate Court Opinions
State v. Betts
Impermissible vouching regarding a child's credibility/believability; continued use of the word 'disclose' constituting impermissible vouching; admission of domestic violence evidence; plain error.
State v. Blagg
Whether the Court of Appeals erred in holding the trial court properly denied defendant's motion to dismiss the charge of possession with intent to sell or deliver methamphetamine based upon the sufficiency of the evidence offered at trial.
State v. Cheeks
Sufficiency of the evidence to show that starvation proximately caused the decedent's death; whether a separate showing of malice is necessary to support a conviction for first-degree murder on the basis of starvation; and whether there was a fatal variance between an indictment charging negligent child abuse and the evidence upon which defendant's conviction rested.
State v. Goins
Whether the prosecutor's improper commentary during the State's closing arguments highlighting defendant's choice to plead not guilty prejudiced defendant; whether the Court of Appeals erred in ordering a new trial for defendant.
State v. Hamer
Defendant was charged with speeding under N.C.G.S. 20-141(j1). Defendant appealed to the Court of Appeals arguing his waiver of his right to a jury trial was not knowing and voluntary under N.C.G.S. 15A-1201. Defendant appeals to this Court arguing the Court of Appeals erred when it held that he was not prejudiced by the trial court's error and that his waiver was knowing and voluntary.
State v. Parker
Defendant petitions for review of the Court of Appeals decision holding that there was no error in his conviction of possession of a firearm by a felon arguing that the trial court failed to intervene ex mero motu to the State's misstatements during closing arguments.
Window World of Baton Rouge, LLC v. Window World, Inc.
Appeal pursuant to N.C.G.S. 7A-27(a)(3) from an order and opinion on Window World defendants' motions to compel and motion to strike plaintiffs' objections to third-party subpoenas, from an order and opinion on Window World, Inc.'s motion to compel net worth information, from an order and opinion on Window World defendants' motion for reconsideration, and from an order and opinion on plaintiffs' privilege motions, Window World defendants' motion to strike, and the parties' Rule 53(g) exceptions to the special master's report.
Court of Appeals Published Opinions Filed June 1, 2021
Craven Cty. v. Hageb
child support; insufficient findings of fact; computation of gross income; credit for biological child
Fazzari v. New Hanover Reg'l Med. Ctr.
trial court properly granted all defendants' motions to exclude plaintiffs' sole standard-of-care expert witness and motions to dismiss pursuant to Rule 9(j) and for summary judgment
In re: K.M.
temporary suspension of supervised visitation; COVID-19; costs of visitation
NC Farm Bureau Mut. Ins. Co., Inc. v. Lanier L. Grp., P.A.
Declaratory judgment by insurer; personal injury lawsuits; duty to defend; US Driver's Privacy Projection Act; construing insurance policies; defined terms; plain meaning.
Richardson v. The Goodyear Tire & Rubber Co.
Worker's Compensation; NCGS 97-25(f); NCGS 97-2(19); NCGS 97-88.1; frivolous appeal; medical compensation; attorney's fees; abuse of discretion; cross appeal.
State v. Gibson
insufficient evidence of every essential element for the offense of breaking or entering a motor vehicle
State v. Lance
Arson; motion to dismiss; application of requirement that defendant burned the dwelling house of another where other inhabitant was co-conspirator in arson plan; admission of expert testimony on fire investigation and cause of fire; Rule 702 reliability determination; jury instructions on insurance fraud; plain error; sufficiency of evidence to support restitution
State v. McKoy
Admissibility of lay witness identifications, Rule of Evidence 701; sufficient evidence of felony larceny; restitution, N.C. Gen. Stat. 15A-1340.34, N.C. Gen. Stat. 1340.36, review of ability to pay prior to ordering restitution.
Court of Appeals Published Opinions Filed May 18, 2021
Belmont Ass'n, Inc. v. Farwig
N.C. Gen. Stat. 22B-20; restrictive covenant; summary judgment; statutory interpretation.
Benson v. Prevost
easement, map, driveway, boat, deed, parking, conveying, conveyance, depicted, recorded, slips, ingress, parties, egress, attorney's fees, easement rights, reasonable use, trial court, interfere, rights, gate, summary judgment, right to use, purchaser, adjacent, appears, feet
C Invs. 2, LLC v. Auger
Challenge to decades-old covenants in residential subdivision; Real Property Marketable Title Act; exception for covenants that are part of a scheme of development and that restrict the property to residential use only, or more narrowly to multi-family or single-family residential use only; statutory construction