The North Carolina Court of Appeals released a batch of opinions today:
| Adams v. The City of Raleigh (15-782). Probable cause. [Juice Bar Teen-Lounge noise case] |
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| Cherry v. Wiesner, (15-155). standing, historic district, land use, Board of Adjustment, aggrieved party, special damages. [Modern house in Oakwood case] |
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| Davignon v. Davignon (15-743). Award of court cost. Attorney’s fees. Required findings of fact. NCGS 50-13.6. NCGS 6-20 and 7A-305A(d) |
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| Fuhs v. Fuhs (15-945). malicious prosecution; summary judgment; motion to dismiss; abuse of process; attorney conduct |
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| Heron Bay Acquisition, LLC v. United Metal Finishing, Inc. (15-652). Dismissal of UDTPA claim based on breach of contract |
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| In re: House (15-879). Eugenics, Involuntary Sterilization, Statutory Construction |
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| In re: Hughes (15-699). Eugenics, Facial Challenge, Constitutionality, Three-Judge Panel, N.C. Gen. Stat. Sec. 1-267.1 [Facial challenge required a three-judge panel] |
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| In re: Redmond (15-763). Eugenics, Facial Challenge, Constitutionality, Three-Judge Panel, N.C. Gen. Stat. Sec. 1-267.1 |
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| In re: Smith (15-829). Eugenics, Facial Challenge, Constitutionality, Three-Judge Panel, N.c. Gen. State. Sec. 1-267.1 |
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| Piro v McKeever (15-351) Intentional infliction of emotional distress; extreme and outrageous conduct; foreseeability. |
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| Ray v. B. Keith Forgy, M.D., P.A. (15-236). protective order; motion to compel; medical review privilege; interlocutory appeal; discovery |
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| Renfrow v. NC Dep’t of Revenue (15-472). State Employee; Current Incident of Unacceptable Personal Conduct; Resignation Treated as Involuntary Dismisssal |
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| State v. Alldred (15-663). satellite-based monitoring; ex post facto; double jeopardy |
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| State v. Blakeney (15-622). Right to counsel- forfeiture |
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| State v. Bowlin (15-701). Juvenile offender sentenced as adult-8th amendment challenge |
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| State v. Collins (15-659). 1st degree rape of a child; jurisdiction; multi-count indictments; defendant’s age at date of offense |
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| State v Dale (15-105). disorderly conduct; indictment; jury instructions; motion to dismiss – double jeopardy; NCGS § 132(a)(1) [Statute previously interpreted by SCOTUS to be within confines of First Amendment not suddenly unconstitutional now] |
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| State v Ford (15-75). Admissibility of evidence, relevancy; authentication ; opinion testimony; plain error |
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| State v. Gates (15-584). First-degree sexual offense; Serious personal injury; Failure to amend indictment |
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| State v Knight (14-1015). Law of the case doctrine; Collateral estoppel; Motion to suppress; Second degree rape; Miranda rights; Knowing and intelligent waiver of rights; First degree kidnapping |
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| State v. Sellers (15-534). Leg Shackles; N.C. Gen.Stat.15A-1031; Waiver; Statutory Challenge; Structural Error |
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| Walker v The N.C. State Bd. Of Dental Exam’rs (15-337). Rule enforcement limitation in N.C.G.S. 150B-18; Authority of Board of Dental Examiners under N.C.G.S. 90-41(a)(12); Overlapping statutes |
There were also 40 unpublished opinions, available here.
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