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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2,631 Appellate Court Opinions

, Supreme Court , 7PA17-3 (Justice Robin Hudson) , Published
In re J.A.M.

Termination of parental rights; no-merit brief; pro se arguments; district court judge's recusal not required based solely on her entry of prior orders designating adoption as child's permanent plan.

, Supreme Court , 401A19 (Justice Robin Hudson) , Published
In re J.D.C.H.

Whether the evidence and findings of fact support the trial court's conclusion that respondent's parental rights were subject to termination based on willful abandonment.

, Supreme Court , 21A20 (Justice Mark Davis) , Published
In re L.M.M.

Termination of parental rights; whether the respondent-mother's failure to contact the child during the six months immediately preceding the filing of the petition supports the trial court's adjudication of willful abandonment under N.C.G.S. 7B-1111(a)(7).

, Supreme Court , 409A19 (Justice Cheri Beasley) , Published
In re S.J.B.

Termination of parental rights; Best interests of the child pursuant to N.C.G.S. 7B-1110.

, Supreme Court , 476A19 (Justice Anita Earls) , Published
In re Z.K.

Termination of parental rights pursuant to N.C.G.S. 7B-1111(a)(1), (2), (6) (2019). No-merit review pursuant to Rule 3.1(e) of the North Carolina Rules of Appellate Procedure.

, Supreme Court , 314PA20 (Per Curiam) , Published
N.C. Bowling Proprietors Ass'n, Inc. v. Cooper

Whether the Business Court applied the correct standard of review to plaintiff's claims and whether the Business Court afforded proper deference to the Governor's emergency orders during the global pandemic.

, Supreme Court , 130A03-2 (Justice Robin Hudson) , Published
State v. Augustine

Whether the trial court erred in ruling that defendant's motion for appropriate relief which sought relief under the Racial Justice Act (RJA) was voided by the retroactive application of the RJA repeal.

, Supreme Court , 69A06-4 (Justice Michael Morgan) , Published
State v. Byers

Whether a pro se defendant seeking postconviction DNA testing in a first-degree murder case has sufficiently met the burden of the showing required under N.C.G.S. 15A-269 to be appointed counsel to assist him in the effort to obtain such testing.

, Supreme Court , 290PA15-2 (Justice Cheri Beasley) , Published
State v. Collington

Whether defendant's appellate counsel was ineffective for failing to cite to a line of cases that used a standard of review that is inapplicable in this case.

, Supreme Court , 441A98-4 (Per Curiam) , Published
State v. Golphin

Whether the repeal of the Racial Justice Act violated the North Carolina Constitution and Constitution of the United States.

, Supreme Court , 11A19 (Justice Robin Hudson) , Published
State v. Greenfield

Whether (1) the trial court erred by failing to give defendant's proposed jury instructions on self-defense and transferred-intent; (2) defendant was prejudiced by such an error; and (3) the Court of Appeals was correct to remand the case for the entry of a judgment convicting defendant of second-degree murder.

, Supreme Court , 221A19 (Justice Mark Davis) , Published
State v. McAllister

Whether defense counsel conceded defendant's guilt to a charged offense without his prior consent so as to constitute a per se violation of his constitutional right to effective assistance of counsel.

, Supreme Court , 548A00-2 (Per Curiam) , Published
State v. Walters

Whether the repeal of the Racial Justice Act violated the North Carolina Constitution and the Constitution of the United States.

, Supreme Court , 326PA18 (Justice Robin Hudson) , Published
Da Silva v. WakeMed

Whether plaintiff's proffered expert qualifies under Rule 702(b) to offer standard of care testimony; whether the trial court erred in awarding summary judgment to defendant for lack of evidence of proximate cause.

, Supreme Court , 132PA18-2 (Justice Anita Earls) , Published
Desmond v. News & Observer Publ'g Co.

Defamation; First Amendment; was the jury's finding of actual malice supported by sufficient evidence; did the trial court err by instructing the jury on the issue of falsity; did the trial court err by failing to instruct the jury that it must find one of the statutory aggravating factors under N.C.G.S. 1D-15 in order to award punitive damages.

, Supreme Court , 279A19 (Justice Paul Newby) , Published
Global Textile Alliance, Inc. v. TDI Worldwide, LLC

Whether the trial court abused its discretion by determining that plaintiff corporation's communications involving the purported agent of plaintiff's one-hundred percent shareholder are not privileged; whether the trial court abused its discretion by conducting a limited in camera review of documents to determine an issue of privilege.

, Supreme Court , 31PA19 (Justice Paul Newby) , Published
Gyger v. Clement

Whether an affidavit submitted by an out-of-state party under N.C.G.S. 52C-3-315(b) must be notarized, or whether it simply may be sworn to under penalty of perjury.

, Supreme Court , 14A20 (Justice Paul Newby) , Published
In re E.F.

Termination of parental rights; best interests; requirement of written findings under N.C.G.S. 7B-1110(a); existence of parental rights of second parent as a hindrance to permanent plan of adoption; availability of relative placement.