Appellate Court Opinions

Slip opinions (court's decision in a case) filed and written by the justices of the Supreme Court or judges of the Court of Appeals

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2,650 Appellate Court Opinions

, Supreme Court , 115A04-3 (Justice Anita Earls) , Published
State v. Allen

Whether the defendant was entitled to an evidentiary hearing on any of the claims asserted in his post-conviction motion for appropriate relief that were summarily dismissed by the trial court. Whether the trial court erred in denying the defendant's other claims after conducting a limited evidentiary hearing on certain claims and a full evidentiary hearing on other claims.

, Supreme Court , 461A20 (Justice Phil Berger Jr.) , Published
State v. Austin

Defendant appeals from a judgment based on the trial court's alleged insertion of judicial opinion during its jury instructions which defendant argues prejudiced the jury enough to result in a new trial.

, Supreme Court , 184A20 (Justice Tamara Barringer) , Published
State v. Chavez

Failure to provide name of co-conspirator in jury instructions; plain error review of jury instructions; overwhelming evidence to support guilt without naming co-conspirator in jury instructions.

, Supreme Court , 3A20 (Justice Michael Morgan) , Published
State v. Johnson

Whether reasonable suspicion--necessary to justify a warrantless Terry search of defendant and the area of his vehicle under his direct control--existed where the responding officer testified that, during a traffic stop in a high-crime area at night for a non-moving violation, defendant (1) held his hands outside the driver's window as officers approached his vehicle, (2) appeared nervous in his interactions with the officer, (3) was 'blading' his body when retrieving documentation from the center console, and (4) possessed a criminal record with violent crime and weapons charges.

, Supreme Court , 187PA20 (Justice Robin Hudson) , Published
State v. Shuler

Whether a criminal defendant forfeits their Fifth Amendment right to silence when they give pretrial notice of an affirmative defense under N.C.G.S. 15A-905(c)(1); whether the State is permitted to elicit testimony on a defendant's silence during its case-in-chief for the purposes of impeachment based solely on the defendant's pretrial notice of an affirmative defense.

, Supreme Court , 296A19 (Justice Paul Newby) , Published
Wells Fargo Bank, N.A. v. Stocks

When a cause of action accrues for reformation of a deed of trust based on mutual mistake and whether the parties intended a deed of trust to secure a promissory note.

, Supreme Court , 322A20 (Justice Tamara Barringer) , Published
In re B.S.

Termination of parental rights; ineffective assistance of counsel.

, Supreme Court , 20A20 (Justice Tamara Barringer) , Published
In re E.S.

Whether the trial court abused its discretion in determining that termination of respondents' parental rights was in the children's best interests.

, Supreme Court , 347A20 (Justice Anita Earls) , Published
In re I.J.W.

Termination of parental rights pursuant to N.C.G.S. 7B-1111(a)(7) on the ground of willful abandonment.

, Supreme Court , 344A20 (Justice Tamara Barringer) , Published
In re J.E.E.R.

Termination of parental rights; whether the trial court erred in concluding that respondent's parental rights were subject to termination under N.C.G.S. 7B-1111(a)(3) (2019).

, Supreme Court , 343A20 (Justice Phil Berger Jr.) , Published
In re M.S.

Termination of parental rights pursuant to N.C.G.S. 7B-1111(a)(2); no-merit review.

, Supreme Court , 192A20 (Justice Anita Earls) , Published
In re M.S.E.

Appeal from an order terminating respondent's parental rights; whether the trial court abused its discretion by failing to sua sponte conduct an inquiry into whether respondent should be appointed a guardian ad litem under Rule 17 of the North Carolina Rules of Civil Procedure; whether the evidence supports the trial court's findings of fact and whether the findings of fact support its conclusion that respondent's parental rights should be terminated pursuant to N.C.G.S. 7B-1111(a)(1) (2019); whether the trial court abused its discretion in concluding that it was in the children's best interests that respondent's parental rights be terminated.

, Supreme Court , 276A20 (Justice Tamara Barringer) , Published
In re T.A.M.

Termination of parental rights; whether the trial court abused its discretion by allowing respondent-father's counsel to withdraw; whether the trial court abused its discretion by concluding that terminating respondent-mother's parental rights would be in the best interests of the juveniles.

, Supreme Court , 353A20 (Per Curiam) , Published
In re Z.R.

Termination of parental rights; no-merit brief.

, Supreme Court , 60A20 (Justice Paul Newby) , Published
Deminski v. State Bd. of Educ.

Whether an individual may bring a claim under the North Carolina Constitution for a school board's deliberate indifference to continual student harassment.

, Supreme Court , 399A20 (Per Curiam) , Published
Diamond Candles, LLC v. Winter

Appeal pursuant to N.C.G.S. 7A-27(a)(3) from an order and opinion on defendants' Rule 12(b)(2) and Rule 12(b)(3) motions to dismiss.