The North Carolina Court of Appeals has released a new batch of opinions:
State v Campbell (13-1404-2). fatal variance, special property interest, ineffective assistance of counsel, NC Rules of Evidence 403 & 404(b) |
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CB Windswept, LLC v Cape Fear Pub. Util. Auth. (15-374). Water and sewer impact fees- ultra vires |
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Miller v Miller (15-309). credit for over payment of post-separation support; equitable distribution; exclusion of expert testimony |
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Point S. Props., LLC v Cape Fear Pub. Util. Auth. (15-371), Water and sewer impact fees- ultra vires |
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Savage v Zelent (15-282). North Carolina Uniform Foreign-Country; Money Judgments Recognition Act, Attorneys’ Fees, alimony, public policy |
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Scheffer v Dalton (15-264). Moped lighting, wrongful death, contributory negligence, redactions on exhibit, last clear chance. |
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State v Crisco (15-272). Clergy-communicant privilege. N.C.G.S. 8-53.2. Disclosures or Confessions to a Third Party. Prejudicial error. [more at WRAL] |
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State v Gettys (15-51). motion to strike jury venire, corroboration & impeachment, special jury instruction on sequestration |
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State v Hammonds (15-53). custody for purposes of Miranda, voluntary confession, involuntary commitment, restitution |
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State v. Hicks (15-491). methamphetamine manufacture; rejection of plea arrangement; Alford plea; right to a continuance; waiver; authentication of business records [more on this case] |
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State v Joyner (14-1289). Felony larceny; Evidence; Rule 609(b)-impeachment with prior convictions; Preservation of error |
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State v Matsoake (15-304). First degree rape, Spousal Privilege, Lesser included offense, DNA evidence [Crying not privileged; more from the ABA Journal] |
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State v Miller (15-295). Motion to suppress; guilty plea; motion to dismiss [more from Smith Moore’s North Carolina Appellate Practice Blog] |
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Dewey Wright Well & Pump Co., Inc. v Worlock (14-1293). res judicata, collateral estoppel, interlocutory appeal, substantial right |
In addition to those listed above, there were 34 unpublished opinions available here.
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