Waiver, failure to object, plain error review. 47-F-1-103, hearsay, best evidence rule, Allen charge, plain error, felony possession of stolen goods, N.C.G.S. Jury Instructions; Self-defense; Felony Murder; Excessive Force. QualityÂ, Wastewater; Swamp Waters; Biological Integrity Standard; Water Quality. and M.N.H. Hemp Seed Genetic, LLC (19-679 - Unpublished), personal jurisdiction; consent to jurisdiction; dismissal pursuant to Rule 12(b)(2) of North Carolina Rules of Civil Procedure, Seymour v. Orange Cty. Ins. The North Carolina Court of Appeals can give convicted felons who are dissatisfied with their sentence, trial or any other aspect of their due process right to present their cases one last time. Gang membership Fleeing to elude arrest; Anders no-merit brief; no response by defendant. Court of Appeals of North Carolina. 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. Summary judgment. Electronically file a case and search and view case information in the Document Library. Child Custody; Permanent Plan; Reunification; Findings of Fact; Visitation. Jury voir dire; ineffective assistance of counsel; issue preservation; prejudice. 26; N.C.R. Constr. Learn about the building's history since opened in 1913. Co. v. Cnty. motion to continue; reunification; permanency planning hearing; guardianship, Quaicoe v. The Moses H. Cone Mem'l Hosp. 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. The state's intermediate appellate court that reviews the proceedings that occurred in trial courts for errors of law or legal procedure. App.) Amends. Com. § 14-27.25(a), satellite-based monitoring N.C.G.S § 14-208.40A; Motion for appropriate relief - material conflict, Jury Request for Transcript of Witness Testimony During Deliberations; Statutory Requirement that Trial Court Exercise Discretion; Prejudicial Error, true threat, first amendment, anti-threat statute, ncgs 14-16.7, unprotected speech, jury instructions motion to dismiss, independent appellate review, reasonable suspicion; traffic stop; N.C.R. 14-54(a1); first-degree burglary; underlying felony, Reasonable belief of consent; Ineffective assistance of counsel, Battle v. O'Neal (19-1036 - Unpublished), Summary ejection; landlord/tenant; motion to dismiss; unfair and deceptive trade acts or practices, Bradley v. Bradley (20-48 - Unpublished), child custody modification,substantial change in circumstances; findings of fact; decretal, Gribble v. Madcat Enterpriese, Inc. (19-1092 - Unpublished), McSwain v. Indus. Servs., LLC v. Myers (19-753 - Unpublished), Personal Jurisdiction; Remand for additional Findings of Fact, L. Offices of Matthew K. Rogers, PLLC v. Fisher (19-475 - Unpublished), motion to dimiss; sufficiency of the evidence; tortious interference with contract; tortious interference with prospective economic advantage; abuse of process, Rothfuss v. Lineberry (19-773 - Unpublished), attorney fees; custody and child support; good faith; civil contempt resolved by agreement, Saunders v. Hull Prop. For The 12th Jud'l Dist. Health Sys., Inc.Â, Facial challenge, three judge panel, N.C.G.S. NCGS 15A-1242; dismissal of appeal and denial of PWC. These elections were nonpartisanfrom 2004 until a law passed in 2016 made them partisan again, beginning in 2018. and K.S.G. of Union (19-574 - Unpublished), Denial of defense counsel's motion to withdraw; denial of motion to suppress; reasonable suspicion for pat-down; probable cause for search of cell phones, State v. Espinosa (19-305 - Unpublished), Conspiracy; Sufficiency of the evidence; Joinder, Forfeiture of right to counsel; pattern of serious misconduct; use of criminal history to impeach defendant's credibility, State v. Mayfield (19-606 - Unpublished), State v. McCormick (19-680 - Unpublished), awdwikisi - motion to dismiss for insufficient evidence of intent to kill; jury instruction on flight, child abuse; mitigating factor; sentencing; guilty plea, Plain error; hearsay; assessment of costs for related charges; civil judgment for attorneys' fees, Sixth Amendment challenge not preserved for appellate review; failure to specifically argue plain error in jury instructions did not preserve issue for appellate review. Prior record level Adjudication of dependency; Adequacy of findings of fact; Notice of Appeal; Post-Petition evidence of paternity, findings required to cease reunification efforts in a juvenile proceeding, N.C. Gen. Stat. & M.J.T. Judge Carpenter is a former North Carolina State Trooper and trial attorney. Career State employee; After-acquired-evidence doctrine (McKennon rule); Procedural due process requirements. robbery with a dangerous weapon; fatal variance argument not preserved for appellate review; evidence of dangerousness required to support submission of robbery with a dangerous weapon charge to jury; evidence that gun was inoperable or non-deadly insufficient on its own to establish dangerousness of gun; absence of evidence of dangerousness of inoperable or non-deadly gun required dismissal of robbery with a dangerous weapon charge; improper judicial comment on the evidence; prejudice showing not met by judicial comment on the evidence; no record of required habitual felon colloquy required remand for habitual felon colloquy or proof of habitual felon status, Caymus Constr. 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. Workers' Compensation, findings of fact, conclusions of law, Parsons presumption. for TradeWinds Airlines, Inc. v. Soros Fund Mgmt LLC (19-356 - Unpublished), Subject matter jurisdiction; contacts with state; piercing corporate veil; agency; default judgment; motions to dismiss, Legal Notices, Disclaimers and Terms of Use. Trafficking in opioids; obtaining a controlled substance by fraud; plain error; jury instruction; ultimate user. of Plumbing, Heating, & Fire Sprinkler ContractorsÂ, Administrative Agency Decision; Licensing Board, motion for appropriate relief; no-impeachment rule; sufficiency of the evidence; medical diagnosis or treatment exception to hearsay rule; residual exception to hearsay rule; N.C.R. Off. is the only intermediate appellate court in the state of North Carolina. 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. will caveat; undue influence; interlocutory order does not affect substantial right; risk of inconsistent verdicts, child support; post-separation support; alimony; attorneys? motion to suppress; traffic stop; motion to dismiss; constructive possession; jury instructions, Robbery with a firearm; murder; assault with a deadly weapon; admission of firearm evidence; Rule 404(b); Rule 403; harmless error, motion to suppress; indictments; superior court judges; charge conference; character evidence, Felony murder, discharging firearm into occupied dwelling, discharging firearm into occupied motor vehicle, fatal variance, arresting judgement on underlying felony charge, invoking right to remain silent, juvenile offenders, State v. Stevenson (19-1096 - Unpublished). personal jurisdiction; N.C.R. Corp. v. Clean Juice Franchising, LLC (19-264 - Unpublished), mandatory forum selection clause, contract interpretation, Saunders v. Crystal Springs Park, Inc. (19-526 - Unpublished), failure to cite legal authority; frivolous appeal; dismissal of appeal; N.C.R. Co., Inc. v. LunsfordÂ, insurance coverage; underinsured motorist insurance; stacking of underinsured motorist policies where policies are issued in different states and accident occurs in third state. Eighth Amendment, N.C. Const. P. 4(j); insufficient service of process and personal jurisdiction, Medical Malpractice; Rule 9(j); Rule 12(b)(6); North Carolina Rules of Civil Procedure; Rule 41; voluntary dismissal; Rule 15; relation back; motion to amend complaint; statute of limitations; Rule 702; North Carolina Rules of Evidence negligence; standard of care; review by expert, second-degree murder jury instruction; sentencing classification, Plain error, voluntary intoxication, malicious conduct by a prisoner, Harmless beyond a reasonable doubt Motion to dismiss for insufficient evidence; statutory sexual offense. The North Carolina Court of Appeals is the state's intermediate appellate court. Capacity hearing, due process, statutory right, indictment, felony child abuse, serious bodily injury. Supreme Court Orders Appellate Court Deadlines Extended, Impact of COVID-19 on Appellate Mediation Rules and Procedures, Court of Appeals Summer Appellate Seminar, North Carolina Constitutional Academy for High School Students, Court of Appeals Free Appellate CLE Course, North Carolina Court of Appeals Offers Free Appellate CLE Courses, Legal Notices, Disclaimers and Terms of Use. Transfer of venue. North Carolina is a part of the U.S. Court of Appeals for the Fourth Circuit, one of thirteen appellate circuit courts in the United States, which were initially set up by Congress in 1789. Permanency Planning; Right to Appeal; Visitation; Findings of Fact; Conclusions of Law; Best Interest. Berger joins the Supreme Court next month after his November election victory. (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. Robinson v. Robinson (20-5 - Unpublished), State v. Barbosa (19-1104 - Unpublished), Bond Forfeiture, motion to amend, motion to set aside forfeiture, N.C. Gen. Stat. Trials are still expected before Biggs and in state court in 2021 in separate lawsuits challenging the law implementing a 2018 amendment to the state constitution that required the use of photo ID to vote in North Carolina elections. The Court announced that it will begin using the universal citation method for judicial opinions and publications beginning January 1, 2021. The majority of cases appealed from the Superior and District courts in civil and criminal cases are heard by the Court of Appeals. (19-214 - Unpublished), negligence, premises liability, legal duty, intentional criminal acts of third persons, foreseeability, Anders; denial of motion for post-conviction DNA testing. Review of closing argument where no objection made at trial. 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. art. fees; parenting agreement; child support arrearages, Akshar Distribution Co. v. Smoky's Mart, Inc.Â, Default judgment as Rule 37 discovery sanction; Rule 59 motion tolled period to notice appeal; argument to reverse default judgment unpreserved; retirement of trial judge rendered Rule 59 motion unreviewable below; Rule 59 motion denied. Auth.Â, Medical malpractice; nurses; nurse specializations; use of illustrative exhibit; jury instructions. (19-150 - Unpublished), Neglect; neglected juveniles; dispositional order; custody; DSS; sexual abuse; improper care; improper supervision; substance abuse; dependent juveniles; non-secure custody; adjudicatory hearing; reunification; supervised visitation; no visitation; clear and convincing evidence; guardian ad litem; de novo; specific findings; assault; victim; rape; completed offense; consent; genitals; unsubstantiated claims; competent evidence; credibility of witnesses; unsupervised contact; relinquishment of parental rights; parental rights; recantation; sexual intercourse; penetration; forensic interviews; reasonable inferences; mental impairment; physical impairment; substantial risk of impairment; suspected abuse; abuse of discretion; preservation; appellate review; best interests; statutory rape; indecent liberties; denial of visitation, In re N.J.E. Legal education courses until the end of February 2021 to show you description! 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