State v. Todd, (18A14-2) (View COA Opinion) Appeal from Court of Appeals’ decision reversing the trial court’s denial of defendant’s motion for appropriate relief (MAR) following his conviction for armed robbery; whether the Supreme Court has jurisdiction under N.C.G.S. 7A-28(a), 7A-30(2), and 15A-1422(f) to hear and decide the State’s appeal from the Court of Appeals’ …
In re: Hughes (15-699-2) (View Supreme Court Opinion) Eugenics; Heirs; Equal Protection Clause; Constitutionality of a Statute In re: Redmond (15-763-2) (View Supreme Court Opinion) Eugenics; Heirs; Equal Protection Clause; Constitutionality of a Statute In re: Smith (15-829-2) (View Supreme Court Opinion) Eugenics; Heirs; Equal Protection Clause; Constitutionality of a Statute Bunch v. Britton (16-181) rule 12(b)(6) Farmer …
The North Carolina Court of Appeals released a batch of opinions yesterday: State v. Martinez (16-374-2) propriety of expert testimony regarding credibility of child witness, prospective juror remarks, ambiguity in jury instructions, Defendant’s presentation of impeachment evidence Henderson v. The Charlotte-Mecklenburg Bd. of Educ. (16-977) Statutory Immunity; Interlocutory Appeal; Motion to Dismiss [Sort of a …
In re: J.L., (370A16) Review of recommendation for censure. [Censure for DWI, belligerence] United Cmty. Bank (Ga.) v. Wolfe, (289PA15) (View COA Opinion) Following nonjudicial foreclosure by power of sale, whether defendants’ affidavit giving their personal opinion on the true value of the foreclosed property was sufficient, standing alone, to establish a genuine issue of material …
The North Carolina Court of Appeals released a batch of opinions today: Anders v. Universal Leaf N. Am. (16-910) Workers’ Compensation, Hernia Injuries, Partial Disability, Parsons Presumption, Limitation Period on Claims for Additional Medical Compensation, Seagraves Test, Claimant’s Failure to Prove Disability Cole v. N.C. Dep’t of Pub. Safety (16-340) Career state employee; just cause; …
The North Carolina Court of Appeals released a batch of opinions today: State v. Mylett (16-816) Spitting; Assault on a government officer; Requisite intent In re: J.K. (16-823) NCGS 7B-911 Boone Ford, Inc. v. IME Scheduler, Inc. (16-750) Consolidation Chastain v. Arndt (16-1151) Rule 12 motions to dismiss; sovereign immunity; purchase of insurance; Tort Claims …
N.C. Court of Appeals Opinions for April 18, 2017 Read More »
The North Carolina Court of Appeals released a batch of opinions today: State v. Rice (16-906) stolen firearms; constructive possession [It’s not Lock Stock and Two Smoking Barrels, that’s for sure.] Brackett v. Thomas (16-912) DWI; willful refusal of chemical test; administrative review; NCGS 20-16.2 Conleys Creek Ltd. P’ship v. Smoky Mountain Country Club Prop. …
N.C. Court of Appeals Opinions for April 4, 2017 Read More »
The North Carolina Court of Appeals released a batch of opinions today: Bell v. Goodyear Tire & Rubber Co. (15-1299) Workers’ Compensation; Compensable Injury; Causal Relationship; Compensation Benefits; Trial Return to Work; Sanctions Harris & Hilton, P.A. v. Rassette (16-809) Rule 3.7 of NC Rules of Professional Conduct; necessary witness; witness-advocate rule [Trial court did …
N.C. Court of Appeals Opinions for March 21, 2017 Read More »
In re Redmond, (86A16) (View COA Opinion) Appeal from Industrial Commission’s denial of benefits under the N.C. Eugenics Compensation Program based on deceased claimant’s constitutional challenge to a statutory requirement to qualify for the Program; whether the Court of Appeals has jurisdiction over the appeal; application of N.C.G.S. 1-267.1(a1). In re Hughes, (87A16) (View COA …
The N.C. Court Appeals released a batch of opinions today: Harris v. N.C. Dep’t of Pub. Safety (16-341) Standard of review of decision of ALJ; just cause; unacceptable personal conduct; use of force; NCGS 150B-51; NCGS 126-34.02 Key Risk Ins. Co. v. Peck (16-872) Third party workers’ compensation claim – NCGS 97-10.2; Motion to substitute …
North Carolina Court of Appeals Opinions for March 7, 2017 Read More »