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 , 206A19 (Justice Paul Newby) , Published
State v. Capps

Whether the superior court properly tried defendant under a statement of charges that was filed after arraignment but did not change the nature of the charges against defendant as they were described in the arrest warrant.

, Supreme Court , 170A19 (Justice Mark Davis) , Published
State v. Fields

Whether a defendant can be simultaneously punished for both habitual misdemeanor assault and assault inflicting serious bodily injury arising from the same act.

, Supreme Court , 201A19 (Justice Cheri Beasley) , Published
State v. Keller

Appeal from a decision of the Court of Appeals holding that the trial court did not err by failing to instruct the jury on entrapment.

, Supreme Court , 32A19 (Justice Michael Morgan) , Published
State v. Taylor

Appeal from judgments entered upon convictions resulting from guilty plea to charges of second-degree murder, robbery with a dangerous weapon, and conspiracy to commit robbery with a dangerous weapon; whether the trial court erred by denying defendant's motion to withdraw his guilty plea after concluding that defendant had not established a fair and just reason for withdrawal of his plea.

, Supreme Court , 51PA19 (Justice Anita Earls) , Published
Chappell v. N.C. Dep't of Transp.

In an inverse condemnation proceeding for a Map Act taking, did the trial court's jury instructions and evidentiary rulings erroneously characterize the nature of the taking in a way that prejudiced the Department of Transportation, was the trial court's decision to reject a quick take counterclaim on the eve of trial an abuse of discretion, and did the trial court properly take account of property taxes and correctly calculate pre-judgment interest.

, Supreme Court , 142PA18 (Justice Michael Morgan) , Published
DTH Media Corp. v. Folt

Appeal from order and final judgment holding that information obtained as a result of a public records request for information on students found responsible for serious sexual misconduct was considered educational records as defined by FERPA and therefore protected from disclosure; whether the trial court erred in determining that FERPA granted UNC-CH discretion to release the name of any student found responsible by the university for serious sexual misconduct and preempts the Public Records Act.

, Supreme Court , 258A19 (Justice Sam Ervin IV) , Published
In re A.G.D.

Termination of parental rights pursuant to N.C.G.S. 7B-1111(a)(7); Compliance with court order requiring parent to have no contact with children, without more, does not preclude a finding of willful abandonment.

, Supreme Court , 360A19 (Justice Mark Davis) , Published
State v. Bailey

Appeal from a decision of the Court of Appeals holding that the issuance of a warrant to search the residence of suspected drug dealers was supported by probable cause.

, Supreme Court , 340A19 (Justice Robin Hudson) , Published
State v. Ellis

Whether there was reasonable suspicion that defendant was engaged in disorderly conduct to justify a stop when defendant 'flipped the bird' from the passenger seat of a moving vehicle.

, Supreme Court , 263PA18 (Justice Anita Earls) , Published
State v. Hobbs

Appeal from convictions for first-degree murder, armed robbery, attempted armed robbery, and conspiracy to commit armed robbery; whether the Court of Appeals erred in holding that defendant failed to establish a prima facie case that the State was motivated by race in its use of peremptory challenges during jury selection.

, Supreme Court , 6A19 (Justice Anita Earls) , Published
State v. Mylett

Appeal from conviction for conspiracy to commit harassment of a juror in violation of N.C.G.S. 14-225.2(a)(2). Whether the trial court erred in concluding that there was sufficient evidence of an agreement among two or more persons to threaten or intimidate a juror.

, Supreme Court , 267PA19 (Justice Anita Earls) , Published
Winston Affordable Hous., LLC v. Roberts

Appeal from judgment of eviction; whether the landlord waived breach of lease by accepting rent payments after notice of lease nonrenewal; whether tenant was properly evicted for nonpayment of rent.

, Supreme Court , 188A18-2 (Per Curiam) , Published
Banyan GW, LLC v. Wayne Preparatory Acad. Charter Sch., Inc.

Whether a contract's liquidated damages provision created a genuine issue of material fact, thereby precluding summary judgment for plaintiff and whether the contract with plaintiff was in violation of defendant's charter and the statutes governing its operation and is therefore null and void.

, Supreme Court , 369PA18 (Justice Sam Ervin IV) , Published
Cabarrus Cty. Bd. of Educ. v. Dep't of State Treasurer

Whether the General Assembly intended to exempt by implication the Teachers' and State Employees' Retirement System's Board of Trustees from rulemaking requirements pursuant to the Administrative Procedure Act, N.C.G.S. 150B, in adopting a Contribution-Based Benefit Cap pursuant to N.C.G.S. 135-5(a3).

, Supreme Court , 273A19 (Justice Paul Newby) , Published
In re B.C.B.

Appeal from an order terminating respondent's parental rights under N.C.G.S. 7B-1111(a)(7); willful abandonment.