⚖️ Court of Appeals of North Carolina

N.C. Gen. Stat. § 90-96 Guilty plea Conditional discharge Motion to withdraw plea Motion for appropriate relief Immigration Federal law Manifest injustice Misunderstanding consequences of guilty plea....

limitation on cross-examination of the State's expert witness, confrontation rights, capacity to proceed, defense of insanity, defendant's mental condition, feigning or malingering symptoms, Sell hear...

plain error review expert testimony improper jury arguments...

First Degree Murder Premeditation & Deliberation Motion to Dismiss Expert Witness Brady v. Maryland Rule 404(b) Closing Argument...

larceny from a merchant by product code fraud, larceny, motion to dismiss, restitution, fatal variance...

N.C. Gen. Stat. Section 1-47(1) statute of limitations North Carolina Rules of Civil Procedure nunc pro tunc correcting order misnomer identity immaterial affirmative defense genuine issue of material...

Genuine issue of material fact Negligence Negligent misrepresentation Professional negligence Summary judgment...

Medicaid prepayment claims review "clean claim"...

Termination of Parental Rights Abuse, neglect, and failure to make reasonable progress Challenged findings of fact Judicially-noticed facts Nexus between removal and case plan Best interests...

subject-matter jurisdiction, adjudication, abuse, neglect, factual allegations, emotional abuse, sexual abuse, ineffective assistance of counsel, testimony...

attorney's fees, estate proceeding, conflict of interest, clerk of court, necessary charges, prenuptial agreement, personal representative...

Workers' Compensation independent contractor, employer-employee relationship NCDOT, off-duty police officer, traffic control work Hayes factors employment contract simultaneous control...

motion for capacity hearing no abuse of discretion competent to stand trial...

motion to dismiss, insufficiency of evidence, possession of cocaine...

death by distribution proximate cause actual cause Rule 404(b)...

N.C. Gen. Stat. § 14-34.1 Jury Instructions "In Operation" Motion to Dismiss No Error....

voluntary intoxication, second degree murder instruction, premeditation and deliberation...

motion to dismiss Home Affordable Mortgage Program statute of limitations fraud date of discovery question of fact jury question...

Child custody modification misapprehension of law authentication and admissibility of child protective services documents....

Motion to suppress probable cause to search an automobile totality of the circumstances negative canine hit....

Entry and rendition of judgment, probation revocation, search....

series of break-ins at a nonoperational plant Harbison violation defense counsel admitted to lesser-included offenses of misdemeanor breaking and entering and misdemeanor possession of stolen goods du...

Instructional error versus fatal variance, solicitation mens rea, failure to intervene....

Lay Witness Identification Motion to Dismiss Sufficiency of the Evidence Plain Error Right Against Self-Incrimination...

Statutory competency hearing under N.C. Gen. Stat. 15A-1002 distinction between nonwaivable constitutional competency issues and waivable statutory competency issues...

negligence negligence per se warranty of habitability residential rental agreements act plaintiff's forecast was sufficient to create jury question as to whether failure to inspect home over 11-year p...

Attorney-client privilege, interstate subpoena, subject matter jurisdiction....

Child custody modification misapprehension of law authentication and admissibility of child protective services documents....

motion to dismiss Home Affordable Mortgage Program statute of limitations fraud date of discovery question of fact jury question...

direct constitutional claims administrative remedies exhaustion subject matter jurisdiction...

Locational elements of criminal offenses, misdemeanor statement of charges, weapon at a demonstration....

motion to suppress properly denied probable cause supported search warrant search of a cell phone...

Motion to dismiss, indictment, surplusage, special jury instruction, preservation....

Obstruction of an easement abandonment scope of easement permanent injunction authority of trial court to consider balance of equities or relative hardship when issuing injunctive relief in property c...

Foreclosure Appellate Rule Violations Dismissal...

Forgery Uttering Obtaining Property by False Pretenses Fatal Defect Fatal Variance Motion to Dismiss Unpreserved Issues on Appeal Sufficiency of the State's evidence under State v. Golder, 374 N.C. 23...

statute authorizing punishment of second-degree murder as a class B1 felony under two of three definitions of malice was not ambiguous, and sentencing defendant as a B1 felony offender was not error w...

no plain error where trial court defined sexual act to include disjunctive acts...

Hearsay Confidential informant Surveillance video Computer-generated time and date-stamp on video Plain error Computer records....

Grandparent Visitation Attorney's Fees under N.C. Gen. Stat. § 50-13.6 Appellate Attorney's Fees under Rule 34 of the North Carolina Rules of Appellate Procedure Prior Appeal State Bar Rule 1.5 Requi...

Statute of Repose Negligence Punitive Damages...

Motion to Dismiss Adverse Possession Estoppel...