Appellate Court Opinions

motion to continue, voluntary and unexplained absence, failure to strike, improper vouching, confidential informant, actual conflict, right to counsel, abuse of discretion, no plain error, prior record level, consecutive sentences, no error. 

sentencing; wide latitude; consecutive sentences; improper considerations; no error.

Assault with a deadly weapon with intent to kill or inflict serious injury; assault with a deadly weapon inflicting serious injury; motion to dismiss for insufficient evidence; serious injury element; substantial evidence

PWC; factual basis; guilty plea; N.C.G.S. § 15A-1022.

residual hearsay exceptions, self-defense, offer of proof, preservation, abuse of discretion, preliminary ruling, dismiss. 

Whether the Court of Appeals erred in holding that defendant must pay an employer-funded 5% contribution under N.C.G.S. 143-166.50(e).

Whether public official immunity applies to a medical director at a state university and whether summary judgment was proper.

Review of recommendation for censure.

Whether the Court of Appeals erred in vacating the trial court's adjudication order and remanding for additional factual findings about how respondent-mother's actions impaired or substantially risked impairing the welfare of her juvenile daughter.

Whether the Court of Appeals erred in reversing dismissal of a claim for negligence at the 12(b)(6) stage based on contributory negligence and in affirming dismissal of a claim for punitive damages.

Whether the Court of Appeals erred by determining the trial court committed plain error by instructing the jury once on first-degree forcible sexual offense where the defendant was indicted for two counts of first-degree forcible sexual offense.

Whether substitution of an alternate juror during guilt deliberations in a criminal trial violates a defendant's constitutional right to a jury of twelve.

Whether defendant satisfied the prejudice prong for plain error where a law enforcement officer testifying as a lay witness gave his opinion regarding defendant's intent at the time of an accident.

Whether the Court of Appeals' majority erred in holding that the trial court did not commit structural error in denying defendant's court-appointed counsel's motion to withdraw for defendant to hire counsel of his own choosing.

Whether the Court of Appeals erred in reversing the superior court's order in which it determined that petitioners are entitled to receive adoption assistance benefits several years after the adoption was finalized.

Service units; equivalent residential unit (ERU); statutory interpretation; System Development Fees; N.C. Gen. Stat. § 162A-200.

Summary Judgment; Private Nuisance; Easement; Declaratory Judgment; Injunctive Relief; Sanctions; Real Property

comtempt; purge

Default judgment; entry of default; set aside; Rule 60(b)(4); Void; Rule 12; Service of Process; Personal Jurisdiction; Rule 4; Process Server; Sheriff; Equitable estoppel; Waiver; Competent Evidence; Abuse of Discretion.

Summary Judgement, Adverse Possession, Permissive Use, Hostile Use, Continuous Use, Trespass, Rule 34 Sanctions.