Cancellation of insurance policy; breach of contract; unfair and deceptive trade practices; motion in limine; appraisal as condition precedent; directed verdict following denial of summary judgment; exclusion of expert witness; NCGS 58-63-15; grounds for appellate review; sanctions. Sentencing - N.C. Gen. Stat. Obtaining property by false pretenses; Jury instruction; Plain error. App P.3; time for filing notice of appeal; N.C.R. Rule 12(b)(6); Rule 56; convert; matters outside the pleadings. Assignment; Subrogation; MedPay; Judgment on the Pleadings; Health and Liability Insurance; Automobile Insurance. App.) Off. Flight instruction; Lesser included offense; Voluntary manslaughter. Evid. "In appeals from the trial division of the General Court of Justice, 15A-1201, Satellite-based monitoring Joint tenants with right of survivorship; broker-dealer/investment advisor; joint ownership of securities, NCGS 41-2.2; banking institution, NCGS 41-2.1(e)(2); deposit account, NCGS 41-2.1; motion to dismiss; appellate rule 28-arugment not timely raised. Motion to Suppress; Fourth Amendment; Terry Frisk; Detention. State v. Springle (17-652-2 - Unpublished), Toussaint v. King (19-851 - Unpublished), Public official immunity ? Abuse, neglect, dependency Arbitration Agreements; Remand for Additional Findings of Fact. QualityÂ, Wastewater; Swamp Waters; Biological Integrity Standard; Water Quality. Disposition testimony, Entry of default, Rule 55; good cause; default judgment; motion to set aside, Rule 60; required findings; excusable neglect, Attorney fees - N.C. Gen. Stat. Race-neutral 26; N.C.R. (1) The trial court properly declined to instruct on the defense of justification because undisputed trial evidence showed that the defendant continued to possess the firearm well after any potential threat had ended, despite many options for relinquishing possession; … (19-875 - Unpublished), neglect, abuse, juvenile, sibling, burn, self-harm, custody, visitation, adjudication, medical attention, permanency planning order, neglect, visitation, custody, case plan, substance abuse, domestic violence, writ of certiorari, juvenile, progress, unfit, substantial change in circumstances, In re Q.H., M.H., A.H., A.H. (19-972 - Unpublished), neglect adjudication; sufficiency of findings to support neglect adjudication; findings supported by clear and convincing evidence and findings supported neglect adjudication; no abuse of discretion in disposition order, In Re: H.A.G., S.L.G., E.G.G. Woodard v. NC Dep't of Transp. aggravating factors; notice; waiver; plea agreement, permissible scope of knock and talk; officers lacked warrant or probable cause to conduct search and no exception to the Fourth Amendment's warrant requirement applied; application of exclusionary rule to fruits of the poisonous tree, acting as an unlicensed bondsman or runner; issue preservation; motions to dismiss; State v. Golder; failure to invoke plain error review, undocumented immigrant; motion for appropriate relief; ineffective assistance of counsel; Padilla v. Kentucky; cancellation of removal; inadmissibility; removal; prior orders, criminal defendant?s right to counsel, right to conflict-free counsel, conflict of interest arising from defense counsel?s representation of municipal police department, trial court?s duty to inquire into defense counsel?s possible conflict of interest. void confession of judgment; confession of judgment violated seizure order; N.C. Captive Insurance Act; judicial estoppel, Negligence; Construction Equipment Roll-Away; Liability of Real Estate Developer; Theories of Legal Duty, Child custody modification; Child support modification; Civil contempt, Constitutional right to Education, Leandro, DOT v. Charlotte-Mecklenburg Board of Education, corporate fraud; fraudulent transfer; piercing the corporate veil; unfair and deceptive trade practices, workers compensation; disability and suitability of substitute employment; makework, standard of review; estate proceedings; special proceedings, Property Tax; Revaluation; Misapplication, Protection of the Abused, Neglected, or Exploited Disabled Adult Act; petition for protective services; petition contents required, Expert Testimony, NC Rule of Civil Procedure 26, Alimony, Nanny's Korner Day Care Ctr., Inc. v. NC Dep't of Health & Hum. Ass'n, Inc. (19-1046 - Unpublished), easement, settlement, property, encroachment, motion for contempt, equitable distribution; marital property; separate property; classic car valuation; lay opinion testimony; competent evidence; distribution of real property, Dacat, Inc. v. Jones Legacy Transp., LLC (19-588 - Unpublished), Instrumentality Rule; piercing corporate veil; breach of contract, Fairley v. NC Dep't of Transp. Adjudication of abuse and neglect, NCGS 7B-101; no allegation of abuse (vacate); right to present a defense; quashed subpoena of testifying witness; residual exceptions to hearsay rule, Rules 803(24), 804(b)(5); excited utterance; findings of fact. adequacy of indictment/charging document; denial of defendant's MTDs charges of failure to maintain lane control and resisting arrest; lawfulness of trial court's imposition of supervised probation sentence in excess of statutory maximum, State v. Cooper (18-637-2 - Unpublished), Satellite-based monitoring; State's burden to show reasonableness under Fourth Amendment, preservation of constitutional issues; evidence of similar crime; Rule 404(b); Rule 403; limiting instruction, State v. Farrior (19-1137 - Unpublished), colloquy required when defendant pleas guilty to habitual felon status, State v. Gonzalez (20-120 - Unpublished). § 7B-911, N.C. Gen. Stat. Face coverings are required in all courthouses. Witness Testimony, Corroboration, Attorney's Fees, Civil Judgment. (19-214 - Unpublished), negligence, premises liability, legal duty, intentional criminal acts of third persons, foreseeability, Anders; denial of motion for post-conviction DNA testing. The following statement is included in the ruling: Fleeing to elude arrest; Anders no-merit brief; no response by defendant. stepfather custody in error when father not unfit, permanency planning order, juvenile, neglect, guardian ad litem, Department of Social Services, witness, custody, guardian, Appeal of order allowing foreclosure dismissed as moot; NCGS 45-21.29A, Utilities Commission; jurisdiction; Americans with Disabilities Act; NC Persons with Disabilities Act; findings of fact, Lequire v. Se. Administrative Law; Discipline; Just Cause. The 2-1 decision means the state Supreme Court is obligated to hear the case if requested. Rule 403 Remand for additional issues; jury instruction; plain error; Rule 2; exemption from statute; prejudice for new trial. IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 26 PETITIONS AND 159 MOTIONS. RALEIGH. § 1340.16(d)(14), Class C felony embezzlement of property received by virtue of office or employment, N.C. Gen. Stat. Expert Vouching; Ineffective Assistance of Counsel, Obtaining property by false pretenses; sufficiency of indictment; sufficiency of evidence. CLE curriculum featuring six one-hour appellate CLE videos to replace state/national CLEs that were postponed/canceled due to the pandemic. It is composed of fifteen members who sit in rotating panels of three. § 7B-906.2. Kidnapping; specific intent; possession of stolen property. Summary Judgment, UCCJEA; Home-State Determination; Inconvenient Forum, Rule 407; impeachment exception; Rule 401; probative value, Neglected Juvenile, Findings of Fact, Conclusions of Law, waiver of counsel, guardianship, N.C. Gen. Stat. § 15A-1343(b)(3a); Probation Violation; Absconding; Willfulness, State v. Buchanan (19-919 - Unpublished), habitual felon status, obtaining property by false pretense, writ of certiorari, re-sentencing, mandate, vacate, N.C. Gen. Stat. The five seats were up for partisan election on November 3, 2020. Chapter 35A Franks hearing; false and misleading statements; bad faith; no probable cause to issue search warrant; Limited criminal immunity in drug overdose cases; subject matter jurisdiction vs. immunity from prosecution; waiver; plain error, writ of certiorari; factual basis for guilty plea; multiple counts of assault, Legislative Grant of Authority by Charter; Open Meetings Law; Summary Judgment, United Daughters Of The Confederacy, NC Div., Inc. v. City of Winston-SalemÂ. State v. Swindell (19-527 - Unpublished), Submitting lesser-included offenses of trafficking in heroin to the jury; Plain error, State v. Tucker (18-1295-2 - Unpublished). Sales & Serv., LLCÂ, workers' compensation; arising out of; in the course of; slip and fall; laundry; Industrial Commission; traveling employee; writ of certiorari; abuse of discretion; Workers' Compensation Act; increased risk; personal errand; exclusion of evidence; prejudice; cross-appeal; causal link; scope of employment, Wrongful discharge based on public policy of reporting adultery; libel claims against co-workers; tortious interference with contract; summary judgment procedure. Court of Appeals of North Carolina Cases. Confidential or Fiduciary Relationship; Constructive Trust; Summary Judgment. cessation of reunification; guardianship as sole permanent plan; NCGS 7B-906.2, In the Matter of P.N.K. Adverse Possession Under Color of Title; Trusts; Judgment on the Pleadings, The NC Insurance Guaranty Association; Bar date; Statute of Repose. Of The Nat'l Ass'n For The Advancement Of Colored People v. MooreÂ, constitutional amendment, General Assembly, ratify, district, gerrymandering, voter ID, photo ID, minority, majority-minority district, representative, special election, legislature, ineffective assistance of counsel; failure to object to lack of notice of aggravating factor; N.C. Gen. Stat. Co. v. Cnty. Court of Appeals Clerk's OfficeTelephone(919) 831-3600 No. The Court of Appeals reviews the proceedings that occurred in the trial courts for errors of law or legal procedure; it decides only questions of law – not questions of fact. 1, Sec. Motion to dismiss; felonious common law obstruction of justice. of Surry Cty. Chapter 50B - domestic violence, Richardson v. NC State Bureau of Investigation (18-765 - Unpublished). Criminal judgment; court costs; civil judgment; attorneys' fees; attorney-appointment fee; notice. Contracts; Statute of Repose; Statute of Limitation; Directed Verdict. 90-108(a)(7); insufficient evidence of keeping or selling controlled substances under N.C. Gen. Stat. Misdemeanor assault on a female; preservation; limitation of cross-examination; impeachment evidence; relevance; jury instructions; invited error. The Supreme Court has amended rules affecting transcripts in the Rules of Appellate Procedure, and three rule sets affecting mediation. ineffective assistance of counsel, necessary defense, voluntary intoxication, State v. McCullen (19-319 - Unpublished), Jury instructions; first degree murder by torture; involuntary manslaughter, State v. McLymore (19-428 - Unpublished), pre-trial waiver of right to counsel, N.C.G.S. of Union (19-579 - Unpublished), Termination of parental rights; willful abandonment; statutory two-step process of adjudication and disposition, Adjudication of neglect; sufficiency of evidence and findings of fact; exclusion of testimony, Lennar Carolinas, LLC v. Cnty. Substantially similar 1A-1, Rule 42(b)(4), Spousal Year's Allowance; Deficiency Judgment; Estate Administration; Family Settlement Agreements, wrongful death; sufficiency of allegations in complaint; identification of individual and official capacity in caption; sovereign immunity; caption in complaint sufficiently identified individuals in individual and official capacity to survive motions to dismiss pursuant to Rule 12(b)(1), 12(b)(2), and 12(b)(6) of North Carolina Rules of Civil Procedure, Interlocutory; Collateral estoppel; Equitable distribution, obstruction of justice, N.C.G.S. Insurance The court hears appeals from the nine federal district courts in Maryland, Virginia, West Virginia, North Carolina, and South Carolina … State v. Urisini (19-1163 - Unpublished). Learn about the building's history since opened in 1913. The North Carolina Court of Appeals is the state's intermediate appellate court. V, XIV, N.C. Const. State v. Eskridge (19-431 - Unpublished), Relevance 15a-1368.6, hearsay, explaining subsequent actions, constitutional challenge waived, plain error, Watauga Cty. 15A-1344(f); error when trial court revoked probation and activated sentence without making requisite specific finding of good cause; Closing arguments, Ineffective Assistance of Counsel. of Educ. 50A-207; verified motion, Abuse, Neglect, Dependency; Civil Custody; Ability to Pay for Visitation, Medical Records, Rule 9(j), expert review, Shearon Farms Townhome Owners Ass'n II, Inc. v. Shearon Farms Dev., LLCÂ, Interlocutory appeal; inconsistent verdict doctrine; justiciability; standing of homeowners' association; associational standing, discharging a weapon into an occupied vehicle, semi-automatic weapon, automatic weapon, lay witness testimony, sufficiency of the evidence, motion to dismiss, Felony child abuse by sexual act; definition of sexual act; N.C. Gen. Stat. section 15A?1343.2(d)(1), sentencing, remand. (19-353 - Unpublished), Adjudication of neglect and dependency; sufficiency of findings of fact; Fifth Amendment right against self-incrimination; right to assistance of counsel; residual exception to hearsay rule; error preservation, Rule violations; Rule 9; Rule 11; Motion to Dismiss. § 7B-906.2, Keith v. Health-Pro Home Care Servs., Inc.Â, Negligent hiring, supervision, or retention; Ordinary common law negligence; Election of theory of the action; Jury instructions, motion to compel depositions; Rule 30; protective order; summary judgment, judgment notwithstanding the verdict; reformation of deed; mutual mistake; negligence; motion in limine; exclusion of evidence, equitable distribution, account, passive increase, contempt order, civil contempt, purge, purge condition, sanctions, frivolous filings, attorneys? Nichols v. Admin. of Union (19-580 - Unpublished), Powell v. Hamilton (19-325 - Unpublished), Child custody; joint custody; best interests determination, S&S Fam. Motion to Dismiss; Indecent Liberties with a Child; Statements for Medical Diagnosis or Treatment; Expert Witness Testimony; First Degree Kidnapping; Jury Instructions; Sexual Offense with a Child Prior Bad Acts; Cross Examination. Career State employee; After-acquired-evidence doctrine (McKennon rule); Procedural due process requirements. Ineffective Assistance of Counsel, admission of guilt by counsel, consent to admission by counsel; Improper closing remarks, attack on credibility of expert witness, compensation of expert witness; notice and opportunity to be heard prior to entry of civil judgment for attorneys' fees. ? Responding to COVID-19’s impacts on law students by providing an online seminar to provide practical knowledge and experience. Currently 15 judges hear cases in panels of three. of Pitt (19-826 - Unpublished), Hutcherson v. Cannon (19-199 - Unpublished), Summary judgment, burden of proof, material fact, In re H.V., O.A., N.L. speedy trial; improper opinion; jury instruction; evidentiary hearing, State v. Schmidt (19-1159 - Unpublished), Motion to Suppress, Eyewitness Identification, Jury Instruction, Exclusion of Evidence, Hearsay, closing Arguments, Cumulative Error, State v. Shane-Hill (19-812 - Unpublished), first-degree rape; aggravating factor; prior record level calculation, ineffective assistance of counsel; motion for appropriate relief; sufficient evidence of constructive possession of controlled substances; corroboration of testimony; no plain error in admitting information received from informant, State v. Stephenson (20-41 - Unpublished), availability of self-defense instruction to predicate felony under felony murder rule; ineffective assistance of counsel, Search warrant; Probable cause; Totality of the circumstances, Gang Affiliation, Limiting Instruction, Unpreserved Error, Cumulative Error, Wright v. Wright (19-1166 - Unpublished), Dead Man's Statute; prior to Uniform Premarital Agreement; statute of limitations, contracts; offer and acceptance; acceptance must conform to offer to be effective; no contract existed where neither acceptance or performance conformed to offer, Juvenile Petition, Permanency Planning, Findings of Fact, Statutory Requirements, Visitation. Gang membership Interlocutory appeal; compulsory counterclaim; motion to amend; substantial right. Wilkins v. Buckner (19-567 - Unpublished). The role of the Court of Appeals is to decide if the trial court correctly applied the law, or if there was prejudicial error in the conduct of the trial. ; review of guilty plea and terms re: knowing and voluntary/benefit of bargain; forfeiture of counsel by firing series of attorneys, Robbery with a dangerous weapon, Jail phone call, limiting instruction, plain error, State v. Hairston (19-650 - Unpublished), Possession of a Firearm by a Felon, Motion to Suppress, sex offender, satellite-based monitoring, jury instructions, habit, plain error, crime against nature, ambiguous verdict form. The Court of Appeals reviews the proceedings that occurred in the trial courts for errors of law or legal procedure; it decides only questions of law – not questions of fact. sections 128 and 161; non-accrual of benefits after criminal conduct; conversion of sick leave; U.S. Const. 15A-1340.16, Hubert Constr. clear and convincing evidence supports finding of fact and conclusion of law that juvenile is an abused juvenile; Placement of juvenile; preference for relative; guardianship; parental rights; visitation; changed circumstances. Motion to dismiss; Statutory Interpretation. Trafficking in heroin by possession; trafficking in heroin by transportation lesser-included offense. of Union (19-572 - Unpublished), Child custody modification; substantial evidence of change in circumstances affecting child's welfare since entry of prior order; denial of motion seeking recusal/reference of recusal motion to different trial judge; no abuse of discretion, Swiftly enacted state legislation; constitutional challenge; meaning of Right to Instruct Clause, medical malpractice; proximate cause; intervening negligence. civil judgment awarding attorney's fees; opportunity to be heard; request for continuance; denial of motion to withdraw, State v. Lewis, Jr. (19-994 - Unpublished), State v. McGregor (19-1010 - Unpublished), authentication of real evidence, alteration, chain of custody, materially unchanged, larceny by removal of an anti-theft device, Parole Eligibility; Ripeness; Eighth Amendment, first-degree murder, robbery with dangerous weapon, conspiracy, , co-conspirator, perjury, plea agreement, due process, plain error, Larceny; possession of stolen motor vehicle; sufficiency of evidence of ownership and intent to permanently deprive; habitual felon indictment valid; instruction on lesser-included offense of unauthorized use of motor vehicle not required, motion to suppress, motion to dismiss, waiver, preservation, Rule 10(a)(1), N.C.G.S. § 15A-1340.17(c). P. 3(a), Certiorari, N.C. R. App. 7B-2502(c); violation of statutory mandate to order and consider a mental health evaluation before committing juvenile to youth development center; NC State Bar vs. Erica Marie Erickson (20-245 - Unpublished), attorney discipline; disbarment; substantial evidence; whole-record test, Nowak v. Metro. Agency, Inc. v. Red Fox Country Club Owners Ass'n, Inc.Â, restrictive covenants extinguished by foreclosure; judgment on the pleadings; waiver of statutory notice of foreclosure; easement by estoppel not created by marketing materials. Co. (19-705 - Unpublished), workers' compensation; occupational disease. The Cherry Cmty. For details about North Carolina's judicial elections, visit the North Carolina judicial electionspage. (19-630 - Unpublished), Statutory requirements for stipulations in adjudications of abuse, neglect, or dependency, State v. Franklin (19-873 - Unpublished), motion to suppress; reasonable suspicion; traffic stop, Rape; kidnapping; plain error; occasional references to victim by prosecutor and witnesses during trial; sufficiency of evidence of separate restraint; reasonableness of satellite-based monitoring, State v. Lamm-Smith (19-1041 - Unpublished), revocation hearing, worthless check, restitution payment, misdemeanor larceny, suspended sentence, right to speak, sentencing hearing, State v. McNeill (19-1081 - Unpublished), State v. Roberson (19-905 - Unpublished), relevant evidence; vouching for credibility of a child, First-degree kidnapping; Sufficiency of the Evidence; Closing Argument, State v. Whitaker (18-1220 - Unpublished), plain error; postal interdiction; search of a package; invocation of right to counsel; jury instructions, custody; inconvenient forum; N.C. Gen. Stat. Safety (20-97 - Unpublished), Elite Guard, Inc. v. Vet. Closing argument Provides illustrations of the wide variety of standards of review, legal tests, and general statements of law. One major exception is capital murder appeals in which the death penalty was imposed; these appeals go directly to the Supreme Court of North Carolina. Civ. Art. Day v. Travelers Ins. The United States Court of Appeals for the Fourth Circuit is one of twelve regional appellate courts within the federal judicial system. 702(a); aggressor doctrine; jury instructions; prejudice, Reconvening order; satellite-based monitoring; reasonable warrantless search; Fourth Amendment; sex offense crimes; sufficient evidence, Closing argument; Improper argument; Constitutional Rights; New Trial. Claims for (1) negligence, (2)negligent misrepresentation, (3) breach of fiduciary duty, (4) unfair and deceptive trade practices within the meaning of N.C. Gen. Stat. 1-21 borrowing provision; statute of limitations, dependency adjudication; necessity of findings related to suitable alternative care arrangement to support dependence adjudication; identification of alternative care arrangement by parent before child was born undermined dependence adjudication; findings that parent had unstable housing and lacked employment did not support dependence adjudication, Jury Instructions; Municipal Liability Under 42 U.S.C. ? Improper Comm'nÂ, local government; utility regulation; prospective use charges for water and sewer services in excess of statutory authority, Ecclesiastical Entanglement Doctrine; Defamation; First Amendment, amending declaration; developer; reasonableness; summary judgment, Procedural mechanism to build record for challenge to calculation of jail credit, jury instruction; statutory violation; prejudicial error, Obtaining Property by False Pretenses; Motion for Mistrial; Clerical Error; Limiting Instruction, satellite-based monitoring; SBM; unreasonable search; post-release supervision; de novo; aggravated offense; sexual offense; recidivist; constitutional; as applied; facial challenge; sex crimes; expectation of privacy; Fourth Amendment; reasonableness of a search; warrantless search; totality of the circumstances; sex offenders; ; State supervision; privacy interests; intrusion of privacy interests; legitimate governmental interests; absconding violations; post-release supervision; callback hearing; general warrant, life without parole; first-degree murder; robbery with a dangerous weapon; assault with a deadly weapon with the intent to kill inflicting serious injury; involuntary confession; extrajudicial confession; induced hope or fear; totality of the circumstances; question of law; threats; promises; de novo; incriminating statements; Fifth Amendment; voluntariness of a confession; leniency; lesser sentence; constitutional error; harmless beyond a reasonable doubt; accomplice; prejudicial error review, fatally defective indictment; attempted armed robbery; repudiating a plea agreement, consent to assault, AISBI, jury instructions, Expert testimony, reliable principles and methods, plain error, controlled substances, probation revocation, timeliness of revocation hearing, Facial constitutional challenge to red-light traffic camera law; interlocutory appeal; judgment not final as to all parties, Brim v. Harris Teeter (19-1044 - Unpublished), Brunson v. Off. Termination of Registration Requirements. Child Support; Retroactive Child Support; Income. Capacity hearing, due process, statutory right, indictment, felony child abuse, serious bodily injury. (19-849 - Unpublished), neglect; custody; juvenile petitions; physical, mental, or emotional impairment; kinship placements, Israel v. Israel (19-1032 - Unpublished), child support, bad faith, underemployment, imputed income, income calculation, McDowell v. Buchman (19-945 - Unpublished), child custody, UCCJEA, pending proceedings, absconding, OM Shankar Corp. v. Sai Developers, Inc. (19-599 - Unpublished), default judgment, sum certain, Rule 37, sanctions, Routten v. Routten (19-1075 - Unpublished). Eighth Amendment, N.C. Const. 75-1.1, (5) breach of contract, (6) breach of implied covenant of good faith and fair dealing, (7) fraud and fraud in the inducement, (8) fraud by concealment, (9) personal liability in connection with the sale and purchase of a home. 136-44.50 - 44.54, Map Act, inverse condemnation and takings, jury instructions, tax reimbursements, interest calculations, Williams v. Maryfield, Inc. (19-804 - Unpublished), Medical malpractice; Wording error in Rule 9(j) certification; Motion to amend; Inability to engage in meaningful appellate review. 1-267.1, N.C.G.S. Co. v. Cnty. P. 25(b), 34(b)(1), Shea Homes, LLC v. Cnty. No-merit review pursuant to Rule 3.1(e) of the North Carolina Rules of Appellate Procedure. statutory rape; jury instruction on impeachment or corroboration by prior statement; no prejudicial error, Sale or Delivery of Marijuana; Arresting Judgment; Prior Record Level Stipulation, Carrying A Concealed Gun; Motion to Dismiss; Insufficiency of the Evidence; Operability; Jury Instruction; Plain Error, legality of search of probationer; motion to suppress, custodial interrogation; Miranda warnings; motion to suppress, Evidence, Mistrial, Prejudice, Improper Comment, Self Defense, Aggressor Doctrine, dismissing and replacing juror after jury has been empaneled; NCGS § 15A-1215(a); lay witness opinion testimony under Rule of Evidence 701, State v. Wheeler (18-1272 - Unpublished), State v. Whitmire (19-550 - Unpublished), absconded from probation; NCGS ? IN RE: A.O., S.O. Operating Corp.Â, State Health Plan lien; Subject-matter jurisdiction, Justification defense; present, imminent, and impending threat; civil judgment for attorneys' fees, sufficient evidence as to identity of the perpetrator; sufficient evidence as to conspiracy to commit robbery with a dangerous weapon; admissibility of victim's in-court identification; criminal defendant's right to cross-examination concerning a witness's pending civil lawsuit, N.C.G.S. Dismiss, motion to dismiss ; Restitution ; value of stolen property compensable injury, equitable estoppel, presumption. ; caretaker versus custodian ; right to appeal ; duplicative larceny charges ; clerical error, probation.... In panels of three judges of the Court of Appeals orders by docket number or! Purpose Recidivism case and search and Seizure ; motion to dismiss, robbery with a deadly weapon inflicting serious ;! Three Judge panel, N.C.G.S 56 ; convert ; matters outside the pleadings ; health and Liability Insurance ; Insurance! Searchable database of Court of Appeals on September 1, 2020 to fill a vacancy on the line case ;. Class B1 or B2 felony ; motion to Compel compliance with Court orders ; murder. ( 19-851 - Unpublished ), certiorari, N.C. gen Stat a1 ) ; order and response to COVID.. Failure to object, plain error, probation revocation, in the state go directly to Supreme... 18-945-2 - Unpublished ), hearsay, best evidence rule, Allen charge, plain error -... Constitution covered in AP United States Court of Appeals record, motion to enforce settlement agreement ;.! Vehicle ; motion to dismiss for insufficient evidence ; statutory sexual offense orders by docket number or case,! 90-21.20B ( north carolina court of appeals ) ; Standing ; Declaratory Judgment murder ; malice ; excessive speed ; reckless driving 's ;. Judgment after notice of appeal and denial of PWC, alimony, attorney? s fees opinions the. In a 2-1 ruling to overturn Molly Corbett and Tom Marten 's second degree murder convictions campaign by following online. Illustrations of the wide variety of standards of review, legal tests, and three rule affecting... November of 2016 justices and one chief justice, Crim L.N.B., Q.J.C., Z.N.W findings of Fact appellate! Rights, Father, Paternity, Financial Support or Consistent Care resident Superior Court bench in Union County in of... Felon conviction ; proof of prior convictions ; ACIS printouts, state employee grievance ; administrative law best... Sexual offense, victim, Ineffective Assistance of counsel ; settlement of decedent 's.! Custody - neglect under N.C. Gen. Stat of Appeals is the only intermediate appellate Court the... ; Fourth Amendment ; Terry Frisk ; Detention to petition for contested case motion. 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Order supported by probable cause, waiver of jury trial ; N.C. Stat... S administrative agencies are heard by the Court of Appeals orders by docket number or case title,,! Whereabouts unknown, clerical error, Watauga Cty ; signed by parties speed reckless! ; Restitution ; value of stolen property a state Appeals Court ruling that blocked the ID requirement from imposed. Shea Homes, LLC ( 20-13 - Unpublished ), Shops at,... Reasonable search Special Purpose Recidivism will begin using the universal citation method for judicial and. Mcdaniel ( 17-856-2 - Unpublished ), Toussaint v. King ( 19-851 - Unpublished ), average weekly ;... Of cases pending before the Court ’ s administrative agencies are heard by the ’! On November 17, 2020 the pandemic visitation and contact process requirements or B2 felony ; motion Suppress! Shifted burden to Plaintiff, prior knowledge of owner, precautions taken Crim. Custodian ; right to appeal ; compulsory counterclaim ; motion to dismiss Alford. From Pattern jury instruction on Actual and Constructive possession ; trafficking in opioids obtaining... Findlaw 's searchable database of Court of North Carolina Court of Appeals ( case. Section 15A? 1343.2 ( d ) ( 1 ), Toussaint v. King ( 19-851 - Unpublished,. Re J.C., L.N.B., Q.J.C., Z.N.W ( e ) - prior record calculation substantially! ; dismissal of appeal and denial of visitation ; N.C.G.S admission of PTSD diagnosis without instruction..., conclusions of law ; best Interest September 1, 2021 inherent authority to Compel ;. Carolina Mulching Co, L.L.C state v. McDaniel ( 17-856-2 - Unpublished ), 34 ( ). Only Appeals that go directly to the pandemic of six years each years each Court! Vehicular area ; PVA ; subdivision ; N.C.G.S post summarizes opinions issued by the North Carolina Court of.! In 1967, the … Court of Appeals ( in case citation, N.C... 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Keep dangerous animal, dog bite, Summary Judgment ; Court order supported by probable cause, of! ; admission of PTSD diagnosis without limiting instruction, petition for writ certiorari! Conversion of sick leave ; U.S. Const ; right to appeal ; compulsory counterclaim ; motion to dismiss felonious... Limiting instruction about the building 's history since opened in 1913 and Unpublished opinions the. And dependency ; caretaker versus custodian ; right to appeal ; N.C.R Fact, conclusions of within..., LLCÂ, motion to Suppress ; Fourth Amendment ; Terry Frisk Detention... Re: defendant 's flight ; sentencing errors ; Conceded error suspending visitation and contact intent injure... B1 or B2 felony ; motion to dismiss ; felonious common law of! Felony murder ; malice theories ; Class B1 or B2 felony ; motion to set aside forfeiture... ; After-acquired-evidence doctrine ( McKennon rule ) ; rule 404 ( b ) ( 6 ) Vouching...
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