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 , 343A19 (Justice Cheri Beasley) , Published
In re J.D.

Appeal from a decision of the Court of Appeals holding that the trial court erred by: (1) denying the juvenile's motion to dismiss second-degree sexual exploitation of a minor; (2) denying the juvenile's motion to dismiss first-degree forcible sexual offense; (3) allowing the admission of codefendants' statements; (4) entering a Level 3 disposition; and (5) denying the juvenile's motion for release while his appeal was pending.

, Supreme Court , 430A19 (Justice Sam Ervin IV) , Published
In re J.J.H.

Appeal from order terminating parental rights under N.C.G.S. 7B-1111(a)(1); whether there was likelihood of a repetition of neglect to support termination on grounds of neglect; whether the trial court erred in its best interests determination.

, Supreme Court , 356A19 (Justice Sam Ervin IV) , Published
In re K.M.W.

Whether the trial court abused its discretion by allowing counsel to withdraw; whether the trial court erred by failing to conduct the necessary inquiry prior to allowing respondent-mother to proceed in a termination proceeding pro se following counsel's withdrawal.

, Supreme Court , 396A19 (Per Curiam) , Published
In re Murphy

Review of recommendation for censure.

, Supreme Court , 268A19 (Justice Mark Davis) , Published
In re R.D.

Appeal from order dismissing petition to terminate parental rights; admissibility of the guardian ad litem's opinion regarding best interests of the child; right to cross-examine a witness at disposition stage; reversible error in dispositional findings of fact.

, Supreme Court , 458A19 (Justice Michael Morgan) , Published
In re W.K.

Termination of parental rights for grounds stated in N.C.G.S. 7B-1111(a)(1), (2); sufficiency of performance of respondent's guardian ad litem appointed under N.C.G.S. 1A-1, Rule 17 and N.C.G.S. 7B-1101.1(d).

, Supreme Court , 383A19 (Justice Michael Morgan) , Published
Newman v. Stepp

Whether the trial court erred by allowing defendants' motion under N.C.G.S. 1A-1, Rule 12(c) and Rule 12(b)(6) to dismiss plaintiffs' claim for negligent infliction of emotional distress; whether the Court of Appeals erred by reversing the order of the superior court allowing defendants' motion for judgment on the pleadings.

, Supreme Court , 241PA19 (Justice Paul Newby) , Published
Parkes v. Hermann

Whether a patient failed to show, more likely than not, that physician's negligence caused her diminished neurological function, and whether patient's 'loss of chance' at a better result following a stroke was not a separate type of injury for which she could recover in medical malpractice negligence action.

, Supreme Court , 300A93-3 (Justice Anita Earls) , Published
State v. Best

Defendant, convicted of first-degree murder, argues in a postconviction proceeding that the State failed to disclose exculpatory evidence.

, Supreme Court , 189A19 (Justice Robin Hudson) , Published
State v. Chandler

Whether a trial court lacked discretion to reject defendant's plea pursuant to N.C.G.S. 15A-1023(c); whether defendant's arguments regarding the guilty plea were automatically preserved for appellate review.

, Supreme Court , 151PA18 (Justice Anita Earls) , Published
State v. Crump

Whether the trial court committed reversible error by restricting defendant's questioning of prospective jurors during voir dire.

, Supreme Court , 8A19 (Justice Michael Morgan) , Published
State v. Farmer

Whether the trial court erred by denying defendant's motion to dismiss; whether the State violated defendant's constitutional right to a speedy trial under Barker v. Wingo.

, Supreme Court , 392A19 (Justice Michael Morgan) , Published
State v. Glover

Appeal from the judgment of the trial court after a jury returned a guilty verdict on charges of possession of various controlled substances; whether the Court of Appeals erred by holding that the trial court did not commit error when it instructed the jury on the theory of possession of controlled substances by 'acting in concert' based on the evidence presented at trial.

, Supreme Court , 324A19 (Justice Michael Morgan) , Published
State v. Hollars

Whether the Court of Appeals erred in holding that the trial court violated defendant's due-process rights by failing to conduct a competency hearing prior to or during defendant's trial.

, Supreme Court , 400A19 (Justice Mark Davis) , Published
State v. Sides

Whether defendant's due process rights were violated when the trial court determined that she was voluntarily absent from the proceedings without first conducting a competency hearing.

, Supreme Court , 141A19 (Justice Sam Ervin IV) , Published
State v. Steen

Whether hands and arms can serve as a deadly weapon for purposes of the felony-murder rule; Whether the trial court's erroneous instruction that a garden hoe could serve as a deadly weapon for purposes of the felony-murder rule constituted prejudicial error.

, Supreme Court , 484A19 (Justice Anita Earls) , Published
State v. Warden

Whether the admission of improper vouching testimony by a DSS investigator was plain error in a child sexual assault prosecution.

, Supreme Court , 426A18 (Justice Michael Morgan) , Published
Zander v. Orange County

Whether the trial court erred in certifying a feepayer class and a refund class pursuant to a motion filed by plaintiffs to certify classes and subclasses under Rule 23 of the North Carolina Rules of Civil Procedure.