Appellate Court Opinions
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34,602 Appellate Court Opinions
State v. Ballard
motion for appropriate relief; Brady and Napue claims failed because of lack of probability allegedly wrongfully withheld or intentionally false evidence would have changed result of trial had it not been withheld or introduced; evidentiary hearing was required on ineffective assistance of counsel claim to determine whether failure to investigate key alibi witness prejudiced outcome of trial; gatekeeper order prohibiting the filing of future motions for appropriate relief was erroneous where there was no history of filing successive frivolous motions for appropriate relief
State v. Conner
Fifth Amendment; custodial interrogation; barricaded suspect; and clerical error
State v. Darr
Miranda Rights; interrogation; confession; unambiguous request for counsel; motion to suppress; Fifth Amendment
State v. Davenport
New trial; Motion to Dismiss; Rule of Evidence 404; Limiting Instructions; and Hearsay
State v. Davis
proof of prior felony conviction; jury instruction; felonious possession of marijuana
State v. Graham
Jury instructions; mandatory presumption; attorney-client privilege; motion to compel.
State v. Ireland
special condition of probation; abuse of discretion; N.C.G.S. 15A-1343
State v. Kitchen
Driving while intoxicated; motion to suppress medical record evidence; Fourth Amendment right to be free from warrantless search and seizure; harmless beyond a reasonable doubt; no prejudicial error.
State v. Strickland
solicitation; first-degree murder; lesser included offense; improper closing argument
State v. Taylor
valid indictment; factual basis for plea; sentencing procedures; § 15A-1024
State v. Thomas
State v. Vann
Jury request, NCGS 15A-1233, and judicial discretion
State v. Williams
Motion to suppress; petition for writ of certiorari; improper notice of appeal; plain error standard; inadequate conclusions of law.
Tutterow v. Hall
Underinsured motorist coverage; Motor Vehicle Safety and Financial Responsibility Act; N.C. Gen. Stat. § 20-279.21(b)(4); calculation of coverage when there are multiple underinsured tortfeasors and multiple applicable UIM policies; statutory construction
Upchurch v. Harp Builders, Inc.
civil procedure; pleading; counterclaim asserted outside statute of limitations did not relate back to plaintiff's complaint; most recent intermediate appellate court precedent controls over prior inconsistent precedent of same court
Williams v. Helping Hands Mission
Industrial Commission determination of witness credibility; Commission did not err by concluding that Plaintiff failed to meet his burden of proving a compensable injury.
Davidson v. Davidson
alimony modification; substantial change of circumstances; bad faith; earning capacity; N.C. Gen. Stat. 50-16.3A(b)
Hitchcock v. Rupert
domestic violence protective order; legitimate purpose; substantial emotional distress; continued harassment
In re C.A.M.
Permanency Planning; Legal Guardianship; Legal Custody; Juvenile; Reunification; Concurrent Plan; Due Process Clause; Fourteenth Amendment: Parent's Constitutionally Protected Status; Guardian ad Litem; Department of Social Services; N.C. Gen. Stat. § 7B-906.1; Finding of Fact; Clear and Convincing Evidence; Conclusion of Law; De Novo; and N.C. Gen. Stat. § 7B-1001.
In re C.L.
Abuse; neglect; waiver of challenge; best interests of child; clear and cogent evidence.