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 , 143PA18 (Justice Sam Ervin IV) , Published
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.'

, Supreme Court , 526A13-2 (Per Curiam) , Published
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.

, Supreme Court , 90PA18 (Justice Sam Ervin IV) , Published
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.

, Supreme Court , 396PA17 (Justice Cheri Beasley) , Published
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.

, Supreme Court , 300A18 (Per Curiam) , Published
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 , 404A18 (Per Curiam) , Published
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.

, Supreme Court , 65PA18 (Per Curiam) , Published
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.

, Supreme Court , 427PA17 (Justice Michael Morgan) , Published
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 , 7PA17-2 (Justice Robin Hudson) , Published
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.

, Supreme Court , 144A18 (Justice Robin Hudson) , Published
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.

, Supreme Court , 399PA16 (Justice Robin Hudson) , Published
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.

, Supreme Court , 240A18 (Per Curiam) , Published
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.

, Supreme Court , 24A18 (Per Curiam) , Published
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 , 409PA17 (Justice Mark Martin) , Published
Cooper v. Berger

Facial constitutional challenge to 2016 law making Cabinet appointees subject to the advice and consent of the North Carolina Senate.

, Supreme Court , 255A17 (Justice Robin Hudson) , Published
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.

, Supreme Court , 338A17 (Justice Barbara Jackson) , Published
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.