Court of Appeals
N.C. Farm Bureau Mut. Ins. Co., Inc. v. Carpenter
Legionnaire's Disease; Insurance Policy's Fungi or Bacteria Exclusion; Insurance Policy's Consumption Exception; Summary judgment; Interlocutory appeal; Construction and interpretation of an insurance contract is a question of law; Insurer's duty to defend; Duty to indemnify.
In re: D.S.
neglect, dependency, adjudication, juvenile, Rule 3.1
Ladd v. Funderburk
Governmental immunity; Qualified immunity; Governmental in nature vs. Proprietary in nature; N.C. Gen. Stat § 160A-296; Affirmative duty; Roadway obstructions; Tree ordinance; Waiver of governmental immunity; Liability insurance; Insurance policy effect on the defense of governmental immunity; N.C. Gen. Stat. § 153A-435; Summary judgment.
Court of Appeals Unpublished Opinions Filed October 18, 2022
Court of Appeals Published Opinions Filed October 18, 2022
State v. Wesley Clayton Rhom
drug trafficking; substantial assistance; ineffective assistance of counsel; plea agreement; sentencing; constitutional right to trial by jury
State v. Ward
probation revocation; trial court must make finding of good cause to revoke probation after probationary period; no prejudice from checking box 4 stating each violation is sufficient to revoke when only one violation was sufficient.
State v. Starnes
Motion to suppress; reasonable suspicion to effectuate traffic stop; mistake of fact; unchallenged findings of fact.
State v. Riggins
trial court erred by failing to conduct adequate substantial similarity analysis for out-of-state conviction; remanded for resentencing based on incorrect prior record level calculation and for proper substantial similarity analysis
State v. Carl Keith Brindle, Jr.
plain error, prior record level, sentencing classification.