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 , 412PA17 (Justice Robin Hudson) , Published
State v. Diaz

Whether a nineteen-year-old defendant should receive a new trial after being convicted of child abduction and statutory rape of a fourteen-year-old girl; whether the trial court committed prejudicial error by admitting a copy of defendant's affidavit of indigency at trial, thereby establishing defendant's age, which was an essential element of these offenses.

, Supreme Court , 179A14-3 (Justice Anita Earls) , Published
State v. Grady

Appeal from order imposing lifetime satellite-based monitoring on a defendant found to be a recidivist; whether the Court of Appeals erred by determining that, under the circumstances, the trial court's order effected an unreasonable search in violation of defendant's rights under the Fourth Amendment.

, Supreme Court , 140PA18 (Justice Mark Davis) , Published
State v. Lewis

Motion to suppress evidence seized from defendant's house and vehicle; whether the affidavit for the search warrant contained sufficient information to establish probable cause to conduct the searches.

, Supreme Court , 161A18 (Justice Michael Morgan) , Published
State v. McDaniel

Appeal from convictions for breaking and entering and larceny after breaking and entering; whether the State presented sufficient evidence to support defendant's convictions based on the doctrine of recent possession of the stolen goods.

, Supreme Court , 150A18 (Justice Mark Davis) , Published
State v. Morgan

Whether the trial court erred in revoking defendant's probation under N.C.G.S. 15A-1344(f) after his probationary term expired; whether the trial court made a sufficient finding of 'good cause shown and stated' to comply with N.C.G.S. 15A-1344(f)(3).

, Supreme Court , 355PA18 (Justice Sam Ervin IV) , Published
State v. Osborne

Whether the State presented sufficient evidence that a rock-like substance found in defendant's hotel room was heroin even though the State did not conduct a scientifically valid chemical analysis of the substance.

, Supreme Court , 65A17-2 (Justice Sam Ervin IV) , Published
State v. Parisi

Appeal from district and superior court orders granting defendant's motions to suppress and dismissing a charge of driving while impaired; whether the Court of Appeals majority erred by (1) concluding that police had probable cause to arrest and charge defendant with driving while impaired and (2) reversing and remanding the lower courts' orders to the contrary.

, Supreme Court , 55A18 (Justice Anita Earls) , Published
State v. Terrell

Appeal from defendant's convictions for child sexual offenses following the trial court's denial of his motion to suppress evidence of images recovered from a USB thumb drive owned by him; extent to which the private-search doctrine authorized police to conduct a warrantless search of data stored on the thumb drive; whether there was probable cause for police to obtain a warrant to conduct a further search of the thumb drive.

, Supreme Court , 299A18 (Per Curiam) , Published
State v. Alvarez

Whether the State presented sufficient evidence to survive defendant's motions to dismiss a charge of maintaining a vehicle for the purpose of keeping or selling a controlled substance.

, Supreme Court , 290A18 (Justice Michael Morgan) , Published
State v. Harvey

Appeal from conviction for second-degree murder; whether the evidence, although conflicting, was sufficient to satisfy defendant's burden to submit the issue of self-defense to the jury; whether the trial court erred in not submitting the instruction.

, Supreme Court , 248A18 (Justice Paul Newby) , Published
Sykes v. Blue Cross & Blue Shield of N.C.

Appeal from order and opinion of N.C. Business Court dismissing plaintiffs' complaint for antitrust and related violations because of plaintiffs' failure to properly plead that defendants have market power within the relevant market.

, Supreme Court , 251PA18 (Justice Robin Hudson) , Published
Sykes v. Health Network Sols., Inc.

Appeal from orders and opinions of N.C. Business Court dismissing plaintiffs' complaint for antitrust and related violations because of plaintiffs' failure to properly plead that defendants have market power within the relevant market.

, Supreme Court , 244A18 (Per Curiam) , Published
Town of Nags Head v. Richardson

Dispute between a municipality and property owners over the Town's taking of a temporary easement in privately owned oceanfront property for a beach nourishment project; amount of compensation due the property owners; expert testimony on value of the interest taken; whether sufficient evidence supported the jury's determination of the amount to be awarded the property owners.

, Supreme Court , 125PA18 (Justice Robin Hudson) , Published
In re E.D.

Appeal from a decision of the Court of Appeals vacating an order authorizing respondent's continued involuntary commitment for failure to comply with N.C.G.S. 122C-266; whether the issue on appeal was automatically preserved and if so, whether respondent was required to show prejudice before the order could be vacated.

, Supreme Court , 419A18 (Per Curiam) , Published
In re Smith

Review of recommendation for public reprimand

, Supreme Court , 181A16 (Justice Sam Ervin IV) , Published
Piazza v. Kirkbride

Civil liability of director of bankrupt company under N.C.G.S. 78A-56(a)(2); whether the Director Safe Harbor provision of N.C.G.S. 55-8-30 provides a defense; whether the director found liable should receive a new trial because the trial court entered judgment on inconsistent jury verdicts.

, Supreme Court , 124A18 (Justice Paul Newby) , Published
State v. Bursell

Whether defendant preserved his constitutional challenge based on Grady v. North Carolina to the imposition of lifetime satellite-based monitoring after he pleaded guilty to statutory rape and indecent liberties; whether the Court of Appeals erred in invoking Appellate Rule 2 to consider defendant's argument on appeal if this issue was not properly preserved.

, Supreme Court , 164A18 (Per Curiam) , Published
State v. Daniel

Appeal from trial court's order allowing defendant's motion to suppress evidence found after a traffic stop; whether the trooper who detained defendant for speeding and then arrested him for DWI had probable cause to arrest defendant for DWI.