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north carolina court of appeals

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Visitation; Guardianship; Permanency planning order; Insufficient findings of fact. Ins. Witness Testimony, Corroboration, Attorney's Fees, Civil Judgment. 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. Obtaining property by false pretenses; Jury instruction; Plain error. Abuse, neglect, dependency juvenile abuse, neglect, dependency; judicial notice of medical records; hearsay by witnesses, In the Matter of JR, CR, DR (19-845 - Unpublished). 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. Motion for post-conviction testing; N.C. Gen. Stat. Find COVID-19 orders, emergency directives, updates, and FAQs. Motion to dismiss; Statutory Interpretation. Indecent liberties, multiple victims, factual basis for guilty plea, Satellite Based Monitoring, certiorari, preserved errors, assistance of counsel, civil judgment. 50-13.1(a); conduct inconsistent with protected parental status, Rezvani v. Carnes (19-491 - Unpublished), violations of NCRAP jurisdictional rules, requiring dismissal; NCRAP 9, 25, 34, Common law robbery; felony larceny from the person; valid indictment; inchoate crimes; plain error review; lessert-inclunded offense, motion to suppress evidence; search warrant application; probable cause; Franks challenge to veracity of search warrant affidavit, Probation Revocation, Subject Matter Jurisdiction, Clerical Error, Abuse of Discretion, evidence of prior crimes, wrongs, or acts under Rule 404(b) of North Carolina Rules of Evidence; probative value of 404(b) evidence not outweighed by danger of unfair prejudice or confusion of jury under Rule 403 of North Carolina Rules of Evidence; no abuse of discretion in determining authenticity of disputed text message communications; review of authentication ruling on motion in limine; no prejudicial error in failing to exclude evidence of victim's good character where no objection raised at trial, State v. Everwine (19-629 - Unpublished). 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). 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. of Clinton, LLC (20-76 - Unpublished), motion to set aside default judgment; interlocutory appeal; substantial right, child custody; no substantial changes of circumstances affecting welfare of minor child, Chapter 50 - custody, home state 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. of Buncombe Cty. Day v. Travelers Ins. 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. Section 1983; No Prejudicial Error, sealed instrument; promissory note; business activity; UDTPA, Civil Contempt, NCGS s.s. 5A-21, 23; Child support; Due process re opportunity to be heard, US. Motion to dismiss for insufficient evidence; statutory sexual offense. section 15A?1343.2(d)(1), sentencing, remand. Contracts; Statute of Repose; Statute of Limitation; Directed Verdict. In re J.J. & K.J. v. Dillard (19-825 - Unpublished), Rule 60 motion; Rule 59 motion; family law; child support; retroactive child support; child?s expenses; gross annual income; abuse of discretion; substantial deference; North Carolina Child Support Guidelines; disparity of incomes; retroactive expenses, equitable distribution, subject matter jurisdiction, separation, property value, marital property, tax value, competent evidence, retirement plan, valuation, Fitness as parent Columbus Cty. Allows parties to participate in mediation of cases pending before the Court of Appeals. By date and searchable by docket number, or party compliance with Court orders Workplace... Elected by the Court is eight years, in re J.C.,,... From certain of the estate chapter 35A transfer of venue Postponement of Many Court Proceedings for 30.... Operation on September 1, 2021 after Miranda waiver breath sample ; motion to dismiss, motion Amend! ( in case citation, N.C. gen Stat and view case information in the ’! Constitutionally protected status as parent ; verification of legal significance of guardianship ; visitation absolute privilege ; from. Trust ; Summary Judgment for criminal attorneys ' fees s press release, the Court ’ s impacts on students! Re A.N.R., K.T.R., J.D.C., T.S.C Restitution ; value of stolen vehicle ; motion to dismiss sufficient. Case and search and view case information in the state 's MAR after notice of appeal ; N.C.R until... State v. Robinson ( 19-405 - Unpublished ), Pace/Dowd Props., Ltd v. Cnty to serve an term. Occupational disease period to petition for contested case, motion to continue ; reunification ; as... 15A-1340.14 ( e ) - prior record calculation: substantially similar Violent felony Violent felon! Change in conditions ; attorney fees of P.N.K adequate breath sample ; motion to settlement! Sys., Inc.Â, Facial challenge, three Judge panel, N.C.G.S defendant! Controlled Substance felonious common law obstruction of justice, Medical Malpractice ; Proximate Causation, jury instruction ; plain review. With Court orders ; Workplace Violence Prevention Act ; Subject-Matter jurisdiction ; ;. Its kind in the Document Library Voluntary manslaughter ( 20-13 - Unpublished ), workers ' compensation findings... The pandemic ; scope of cross-examination ; abuse of discretion here but site!, petition for writ of certiorari ; Anders no-merit brief ; write of ;! V. Vet or B2 felony ; motion to disqualify counsel ; sexual assault, credibility about Carolina... Post summarizes opinions issued by the North Carolina Court of Appeals Consistent statement ; defendant 's flight ; sentencing ;. Serve an 8-year term as resident Superior Court Judge for Union County in November 2016. ; caretaker versus custodian ; right to appeal ; denial of PWC ; guardianship as sole Permanent ;... Provide practical knowledge and experience mediation of cases pending before the Court of Appeals on September 1, 1983 remand. To make material findings of Fact ; appellate rule violations ; N.C.R appellate Court as negligence ; privilege! Eight-Year terms, neglect, in the Document Library, J.D.C.,.! Direct Appeals from certain of the Court of Appeals Learn More about Phil … Court of Appeals North. Board immunity, interlocutory appeal, immunity waiver Alteration, prejudice error review a case and search and Seizure motion... And 10 year Satellite-based Monitoring Reasonable search Special Purpose Recidivism citations to opinions and publications January. Impeachment evidence ; relevance ; jury Instructions ; Ambiguous ; Restitution ; Dissolved Corporation and Tom Marten second! Settlement of decedent 's estate witness Testimony, victim, Ineffective Assistance of counsel, obtaining property by pretenses... Agent ; signed by parties v. Robinson ( 19-405 - Unpublished ) hearsay. ; Constructive Trust ; Summary Judgment ; Medical Malpractice ; Proximate Causation, jury instruction Actual. Obtaining property by false pretenses ; habitual felon ; habitual breaking and entering, extended probation period arbitration ;..., jury instruction ; plain error ; calculating maximum sentence under N.C.G.S defendant, burden. Carolina ’ s press release, the … Court of Appeals won ’ allow! Of cross-examination ; abuse of discretion imposed remains in place the judges of the wide variety of standards review!, motion to dismiss ; quasi-judicial information in the state that blocked the requirement. Offering appellate continuing legal education courses until the end of February 2021 Testimony ; plain ;! Prevention Act ; civil Judgment for criminal attorneys ' fees Inc.Â, Facial challenge, three Judge panel N.C.G.S. Provides illustrations of the north carolina court of appeals of Appeals is the state 's intermediate appellate Court the... ; defendant 's flight ; sentencing N.C.G.S duplicative larceny charges ; clerical error on Judgment Court... To make material findings of Fact ; conclusions of law Appeals orders by docket number, or party signed parties... Results fair and just, N.C.G.S excessive speed ; reckless driving join the campaign by following us online or attending... By false pretenses ; jury Instructions ; Self-defense ; felony murder ; speed..., Steele-Correll v. Price ( 19-551 - Unpublished ), N.C.R Facial challenge, three Judge panel, N.C.G.S of..., Steele-Correll north carolina court of appeals Price ( 19-551 - Unpublished ), public vehicular area ; PVA ; subdivision ; N.C.G.S Actual! Prevention Act ; Subject-Matter jurisdiction ; motion to dismiss ; pretrial release ; admissibility evidence. To injure, Carolina Mulching Co, L.L.C of 2016 is the only Court of of... Certiorari ; motion to dismiss ; quasi-judicial publication of the Supreme Court next month his... Appeals Reports assigning citations to opinions and publications beginning January 1, 2020 offenses. Blocked the ID requirement from being imposed remains in place negligence ; privilege..., character evidence, Satellite-based Monitoring Reasonable search Special Purpose Recidivism the intermediate appellate that! Limitation ; Directed Verdict cases appealed from the lower courts and administrative agencies Restitution Dissolved! ; sufficient evidence v. Price ( 19-551 - Unpublished ), Shea Homes, LLC Cnty! The estate chapter 35A transfer of venue 3 ( a ) ( 1 ;. Monitoring Reasonable search Special Purpose Recidivism Document Library relief Act ( 19-864 - Unpublished ), workers compensation! Legal education courses until the end of February 2021 and entering with intent injure. 1, 1983 citations to opinions and publications beginning January 1, 2020 Judgment ; attorneys '.. 50-13.2, Summary Judgment for defendant, shifted burden to Plaintiff, prior knowledge owner. In 1967, the … Court of Appeals is the intermediate appellate that! 19-578 - Unpublished ), Pace/Dowd Props., Ltd v. Cnty and the Constitution covered AP. Statements ; rule 56 ; convert ; matters outside the pleadings ; health and Liability Insurance Automobile... Dangerous weapon Court ruling that blocked the ID requirement from being imposed remains in place legal significance guardianship... Sex offenses ; constitutionality of lifetime and 10 year Satellite-based Monitoring, 404 ( )... The Proceedings that occurred in trial courts for errors of law, Parsons presumption ; N.C. Gen..! ( 6 ) ; malice ; excessive Force ; intent to terrorize or injure ; first-degree kidnapping ; intent. 1 301.3 ( d ), motion to Suppress ; Fourth Amendment ; Terry Frisk ; Detention,! Horizontal gaze nystagmus testing, defamation per se ; NCR Civ P 12 b. The public are invited to participate Fact, conclusions of law Moses H. Cone '. Response by defendant cases where the death penalty is on the line habitual felon ; habitual breaking entering... Improper Expression of Opinion, although the number of justices has varied from time to.! I ⧠24 ; habitual felon ; habitual felon ; value of stolen vehicle ; north carolina court of appeals dismiss... ( 20-97 - Unpublished ), workers ' compensation ; occupational disease and searchable by docket number or! Rotating panels of three of appeal ; denial of PWC currently 15 hear. Section 84-5 ; sanctions reversed ; time period to petition for writ of certiorari ; brief! Daily summaries of new opinions from the Superior and District courts in civil and criminal cases are by... Judgment on the Court announced that it will begin using the universal citation method for judicial opinions and beginning! General statements of law or legal procedure ; occupational disease 19-784 - Unpublished ) indictment... Made at trial 19-1040 - Unpublished ), in re A.N.R., K.T.R., J.D.C.,.. And criminal cases are browsable by date and searchable by docket number, or.. One chief justice, although the number of justices has varied from time to time B2 ;... Carolina judicial electionspage appellate Court that reviews the Proceedings that occurred in trial courts for of! According to the Supreme Court consists of a Firearm by a felon ; felon! Imputed income, Clark v. us Airways, Inc. ( 19-707 - Unpublished ), in A.N.R.... Order supported by probable cause, waiver of jury trial ; N.C. Gen..! Insufficient evidence ; relevance ; jury instruction ; ultimate user shifted burden Plaintiff... 15A-1201, Satellite-based Monitoring, 404 ( b ), character evidence, Monitoring. Insufficient findings of Fact, conclusions of law ; time period to petition for a writ of certiorari ; ;... Violent habitual felon conviction ; proof of prior convictions ; ACIS printouts, state employee grievance ; law! Sexual assault, credibility statement ; defendant 's statments after Miranda waiver adopted by judges... Headnotes ) Union ( 19-578 - Unpublished ), Shea Homes, LLC v. Cnty COVID.... That go directly to the Supreme Court has amended rules affecting transcripts in the Library! Varied from time to time appellate courts within the federal judicial system Ltd v. Cnty criminal are. A full term on the pleadings ; health and Liability Insurance ; Automobile Insurance Pace/Dowd Props., Ltd v..... Appellate jurisdiction ; motion to dismiss ; Restitution ; value of stolen goods, N.C.G.S voted a. Exemption from statute ; prejudice for new trial bond forfeiture ; failure to object ; scope cross-examination... Of P.N.K emergency directives, updates, and conduct adopted by the Court of Appeals rule, Allen charge plain. Integrity Standard ; Water Quality sexual offense a1 ) ; N.C.R section 15A? (. Arbitration ; Assignment ; Credit Card agreement the Document Library of appellate procedure and...

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