Appellate Court Opinions

Jury Instruction; Evidence; Relevance; Unduly Prejudicial; Plain Error; Harmless Error; Preservation

involuntary manslaughter; evidence; clear and positive; lesser-included offense; instructional error; prejudice; malice; intent; intentional; discharge; occupied; automobile; likely; weapon; jury polling; preservation; objection; timely; waive

Preservation; Constitutional Issue; Cruel and Unusual; Sentencing

Motion to suppress; open plea; traffic stop; inquiries incident to traffic stop; marijuana odor; reasonable suspicion; sufficient findings.

anders; fair sentencing act; second degree rape; guilty plea; consolidated sentencing

Motion to dismiss; discharging a firearm into an occupied dwelling; occupancy; separate and distinct acts; substantial evidence.

Motion to Suppress; Motion to Dismiss for Discovery Violation; Armed Robbery and Kidnapping

penetration, evidence of prior conviction, motion to dismiss based on insufficient evidence, medical diagnosis hearsay

plain error; Confrontation Clause; relevant evidence; vouching; medical examination

supervised probation, probation violation report, probation revocation hearing, subject-matter jurisdiction, technical violations, abuse of discretion, motion to dismiss appeal, affirmed.

Substantial evidence; constructive possession; Schedule II controlled substance

Anders; Kinch; No Merit; Wholly Frivolous; Trafficking in Methamphetamine; Dismissed

probation revocation, willfully abscond, due process, ineffective assistance of counsel

Ineffective assistance of counsel; IAC; prejudice; motion to dismiss; failure to object; N.C. Gen. Stat. Sec. 90-95(g); trial strategy; constructive possession; incriminating circumstances

first degree murder, motion to dismiss, motion to delay sentencing

abuse of discretion; motion for mistrial; plain error; Rule 404(b)

Statute of Limitations; Tort Claims Act

Child Custody; Sufficient Findings of Fact; Child Relocation.

neglect, findings of fact, conclusions of law, termination of parental rights