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COA Decisions Today

By Sean E. Andrussier

Today the Court of Appeals released a bunch of decisions, including 45 published decisions. Twenty are criminal cases, 25 are civil. (There appear to be 27 civil decisions on the website, but two of those decisions are repeats of other decisions because they involved multiple appeals arising from the same underlying case.)

Three of the civil cases raise unconscionability challenges against pay-day lending agreements, and all three cases were remanded for findings in light of Tillman v. Commercial Credit Loans, Inc., 362 N.C. 93, 655 S.E.2d 362 (2008), which set forth a new framework for evaluating unconscionability. Of the remaining 22 civil cases, the Court reversed (in whole or part) 9 of them, which is a fairly hefty percentage (40%).

Among the civil cases, there were 7 dissents.

The case sure to grab the most news is the Court's decision in Wake Cares, Inc. v. Wake County Bd. of Educ., which (contrary to the trial court) holds that the Wake County Board of Education may establish year-round schools and assign students to those schools without obtaining the parents' consent.

More on these cases later.

Full post as published by North Carolina Appellate Blog on May 06, 2008 (boomark / email).