Court of Appeals

, Court of Appeals , COA22-135 (Judge Allegra Collins) , Published
The N.C. State Bar v. Megaro

adequate evidence to support the DHC's findings of fact, and the findings of fact adequately support the conclusions of law where Defendant entered into a representation agreement with brothers who did not have the capacity to understand the agreement due to their low IQs and adaptive functioning deficits

, Court of Appeals , COA22-258 (Judge John Tyson) , Published
State v. Tabb

Possession and Distribution of Illegal drugs;
U.S. Constitution 4th Amendment;
Search and Seizure;
N.C. Constitution Article 1, §20;
Stationary vehicle;
Reasonable Suspicion;
Detention of individual;
Plain view;
Industrial Hemp;
Probable cause

, Court of Appeals , COA21-10 (Judge Valerie Zachary) , Published
State v. Teague

postal interdiction; motion to suppress; waiver of appellate review; Industrial Hemp Act; motion to dismiss; lay opinion testimony; identification of marijuana as a controlled substance; conspiracy; statements of a co-conspirator

, Court of Appeals , COA22-70 (Judge Allegra Collins) , Published
State v. Kelly

unpreserved error: defense did not move to strike officer's nonresponsive opinion testimony; officer's nonresponsive opinion testimony was not plain error; state produced sufficient evidence that defendant was the perpetrator; double jeopardy: armed robbery of two employees of the same store supports judgment for only a single armed robbery.

, Court of Appeals , COA21-674 (Judge Donna Stroud) , Published
State v. Ambriz

speedy trial, motion to dismiss, trafficking, Barker v. Wingo

, Court of Appeals , COA22-220 (Judge Allegra Collins) , Published
State v. Moore

no per se ineffective assistance of counsel where Defendant previously consented to counsel's strategy of arguing self-defense and arguing for lesser-included offenses; no ineffective assistance of counsel claim where Defendant consented to self-defense strategy and called only one defense witness; no prejudicial error where the trial court admitted certain opinion evidence of a detective

, Court of Appeals , COA22-41 (Judge Jefferson Griffin) , Published
State v. Edwards

Indictment, sufficiency, larceny, schools, board of education, MAR

, Court of Appeals , COA21-685 (Judge Jeff Carpenter) , Published
State v. Lucas

Motion to suppress; warrantless search pursuant to N.C. Gen. Stat. 15A-1343(b)(13); reasonable belief as to probationer's premises; search directly related to probationer's probation supervision; implied consent to search; facial challenge of search warrant affidavit; sufficient showing of probable cause.

, Court of Appeals , COA22-46 (Judge Richard Dietz) , Published
LouEve, LLC v. Ramey

Petition for a writ of certiorari; content of notice of appeal; notice of hearing; compliance with trial court's general rules of practice; Rule 60(b); abuse of discretion

, Court of Appeals , COA21-684 (Judge Allegra Collins) , Published
Dep't of Transp. v. Mountain Vills., LLC

condemnation action; evidence supports the findings of fact and the findings of fact support the conclusion of law that defendant failed to meet its burden of establishing a prescriptive easement; doctrine of judicial estoppel inapplicable; plaintiff did not take a subsequent factual position that was clearly inconsistent with its earlier position

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