Appellate Court Opinions
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2,650 Appellate Court Opinions
State v. Lofton
Whether an indictment charging defendant with manufacturing marijuana in violation of N.C.G.S. 90-95(a)(1) was fatally defective because it did not allege an 'intent to distribute.'
State v. Mills
Appeal from Court of Appeals decision reversing lower court's denial of defendant's motion for appropriate relief following his conviction for sexual offenses against a minor; whether the court erred in admitting testimony at trial under Evidence Rule 404(b) regarding defendant's alleged prior sexual misconduct; whether defendant's appellate counsel provided ineffective assistance by failing to argue plain error in admission of that evidence, thus causing the COA to dismiss defendant's direct appeal from his convictions.
State v. Mumma
Appeal from conviction for second-degree murder; whether the trial court committed prejudicial error by sending numerous pictures of the decedent's body into the jury room; plain error review of the trial court's jury instructions concerning the aggressor doctrine in relation to defendant's claim of self-defense.
State v. White
Appeal from conviction for child sex offense; whether the superseding short-form indictment charging defendant was facially defective because it did not refer to the alleged victim by name.
Wells Fargo Ins. Servs. USA v. Link
Appeal from order and opinion of N.C. Business Court granting in part and denying in part motion to dismiss plaintiff's claims for breach of contract, misappropriation of trade secrets, tortious interference with contractual relations, and unfair and deceptive trade practices.
Supreme Court Opinions Filed March 29, 2019
County of Durham ex rel. Wilson v. Burnette
Show cause hearing on whether to hold defendant in civil contempt for willful failure to pay current and past child support obligations; whether the district court's findings of fact supported its conclusion that defendant should be held in contempt; whether the findings were sufficient to show that defendant had the present ability to financially satisfy the conditions required to purge the contempt.
Preiss v. Wine & Design Franchise, LLC
Appeal from order of N.C. Business Court sanctioning counsel under Rule of Civil Procedure 37(d).
State v. Phachoumphone
Whether the State presented sufficient evidence to survive defendant's motions to dismiss the charges for which he was convicted; whether the trial court committed prejudicial error in allowing the alleged child victim to testify remotely or in not intervening ex mero motu in certain closing arguments by the prosecutor.
State v. Tart
Appeal from convictions for attempted murder and assault with a deadly weapon with intent to kill inflicting serious injury; whether the short-form indictment charging attempted murder was fatally defective; whether the trial court erred in not intervening ex mero motu in the State's closing arguments.
Supreme Court Opinions Filed February 1, 2019
In re J.A.M.
Appeal from a decision of the Court of Appeals that, on remand from this Court, affirmed a trial court's adjudication of neglect of a minor child; whether clear and convincing evidence supported the findings of fact on which the order was based.
Pachas v. N.C. Dep't of Health & Human Servs.
Action seeking trial court's enforcement of its previous order requiring DHHS to use the federal poverty level for a family when determining petitioner's income eligibility for Medicaid benefits; whether the trial court properly dismissed the action for lack of jurisdiction because petitioner did not exhaust her administrative remedies before taking the issue directly to court.
Saunders v. ADP TotalSource Fi Xi, Inc.
Workers' Compensation; whether, when reviewing an appeal from an Industrial Commission decision that an attorney's fee was unreasonable, the superior court exceeded its authority under N.C.G.S. 97-90(c) and thus lacked subject-matter jurisdiction over the appeal.
State v. Gentle
Appeal by defendant from order imposing lifetime satellite-based monitoring on grounds that the trial court did not make a finding of 'reasonableness' before ordering SBM; whether the Court of Appeals erred by dismissing defendant's untimely appeal from the trial court's order, to which he did not object at trial.
State v. Thompson
Appeal from convictions for violations of the Controlled Substances Act following defendant's guilty plea; whether the trial court erred in denying defendant's motion to suppress incriminating evidence recovered from the trunk of his car; whether defendant was 'seized' within the meaning of the Fourth Amendment.
Supreme Court Opinions Filed December 21, 2018
Cooper v. Berger
Facial constitutional challenge to 2016 law making Cabinet appointees subject to the advice and consent of the North Carolina Senate.
Justus v. Rosner
Medical malpractice action; whether the trial court erred in allowing plaintiff's Rule 59 motion to amend judgment, thus setting aside a jury verdict on damages; whether a new trial should be granted on the sole issue of damages; whether the trial court erred in directing a verdict against defendants on the issue of contributory negligence; trial court's award of costs against defendants for certain expert witness fees.
Silver v. Halifax Cty. Bd. of Comm'rs
Whether a local board of county commissioners may be held legally responsible for providing a sound basic education for students in the county; appeal from trial court's grant of defendant's Rule 12(b)(6) motion to dismiss.