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 , 271PA15-2 (Justice Sam Ervin IV) , Published
State v. Saldierna

Confession by juvenile defendant while under police interrogation; whether defendant's motion to suppress should have been allowed under N.C.G.S. § 7B-2101 because the confession was not made knowingly and voluntarily.

, Supreme Court , 440PA16 (Per Curiam) , Published
State v. Turner

Whether the two-year statute of limitations in N.C.G.S. § 15-1 mandates dismissal of misdemeanor charges against a defendant who was charged via a citation and magistrate's order, but not by a warrant, indictment, or presentment.

, Supreme Court , 42PA17 (Justice Robin Hudson) , Published
Vaughan v. Mashburn

Whether the trial court erred in dismissing a medical malpractice complaint for failure to comply with Civil Procedure Rule 9(j) when plaintiff met the substantive requirements of, but failed to include a specific statement required by, Rule 9(j); whether the trial court erred in not allowing plaintiff to amend the complaint under Rules 15(a) and (c) to correct the technical pleading defect after the statute of limitations had run.

, Supreme Court , 146PA17 (Justice Michael Morgan) , Published
Brackett v. Thomas

Civil revocation of driver's license under N.C.G.S. § 20-16.2 for alleged DWI; whether the person charged 'willfully refused' to submit to a breathalyzer test in violation of subdivision 20-16.2(d)(5).

, Supreme Court , 363PA17 (Per Curiam) , Published
In re J.M. and J.M.

Appeal by father from adjudication, dispositional, and permanency planning order relieving DSS from further efforts to reunify him with his minor children; whether, at the hearing on the matter, the trial court erred in admitting hearsay statements made by the children's mother under Rules of Evidence 801(d) and 803(4).

, Supreme Court , 307PA15-2 (Justice Barbara Jackson) , Published
Kaestner 1992 Family Tr. v. N.C. Dep't of Revenue

Appeal from Court of Appeals decision affirming the N.C. Business Court's grant of summary judgment for plaintiff, an out-of-state trust, in a civil action seeking refund of taxes paid on income earned by the trust but not distributed to a North Carolina resident; whether N.C.G.S. § 105-160.2, under which the tax was assessed, as applied here violates due process under the North Carolina and United States Constitutions.

, Supreme Court , 110PA16-2 (Justice Michael Morgan) , Published
N.C. State Bd. of Educ. v. State

Whether the statutory requirement that all administrative rules proposed by the State Board of Education first be reviewed and approved by the N.C. Rules Review Commission violates the separation of powers; construction of the Board's powers under Article IX, Section 5 of the N.C. Constitution in relation to N.C.G.S. Chapter 150B, the Administrative Procedure Act.

, Supreme Court , 333PA17 (Justice Sam Ervin IV) , Published
N.C. State Bd. of Educ. v. State

Whether Article IX of the N.C. Constitution prohibits the General Assembly from transferring certain powers and duties of the State Board of Education to the State Superintendent of Public Instruction.

, Supreme Court , 222A17 (Per Curiam) , Published
State v. Clonts

Appeal from conviction for assault with a deadly weapon with intent to kill inflicting serious injury; whether, by admitting deposition testimony by an essential witness in lieu of her live testimony at trial, the trial court violated Rule of Evidence 804 and defendant's constitutional Confrontation Clause rights; whether the Court of Appeals erred in granting defendant a new trial.

, Supreme Court , 402PA15-2 (Justice Cheri Beasley) , Published
State v. Ledbetter

Appeal from decision of the Court of Appeals denying defendant's petition for writ of certiorari to review a trial court's order denying her motion to dismiss and dismissing her appeal from a judgment entered upon her guilty plea.

, Supreme Court , 2PA17 (Justice Mark Martin) , Published
State v. Miller

Appeal from defendant's conviction for felony possession of cocaine; whether the Court of Appeals erred by applying plain error review to defendant's Fourth Amendment claims; whether the arresting officer unnecessarily extended the initial stop in violation of the Supreme Court of the United States' decision in Rodriguez v. United States and whether defendant's consent to the search of his person was invalid.

, Supreme Court , 217PA17 (Justice Sam Ervin IV) , Published
State v. Miller

Appeal from conviction for first-degree murder (non-capital); whether the trial court violated defendant's rights under the Confrontation Clause by allowing a police officer to testify about the deceased victim's statements to him regarding a previous incident of domestic violence involving the victim and defendant.

, Supreme Court , 319A17 (Justice Robin Hudson) , Published
State v. Nicholson

Motion to suppress evidence obtained as a result of defendant's questioning by a police officer; whether the officer who detained defendant for questioning had reasonable suspicion that criminal activity was afoot; whether the trial court erred in denying defendant's motion to suppress.

, Supreme Court , 395A17 (Per Curiam) , Published
Walker v. Driven Holdings, LLC

Appeal from final judgment of N.C. Business Court dismissing pursuant to Rule 12(b)(6) plaintiffs' complaints seeking damages and a declaratory judgment based on defendant's alleged breach of certain shareholder repurchase agreements.

, Supreme Court , 365A15-2 (Per Curiam) , Published
Atl. Coast Props., Inc. v. Saunders

Petition by purchaser of undivided one-half interest in land to partition the property; whether petitioner, an out-of-state corporation, met statutory and procedural requirements to file the petition.

, Supreme Court , 27A17 (Justice Paul Newby) , Published
Head v. Gould Killian CPA Grp.

Action against CPAs for professional negligence and fraudulent concealment based on plaintiff's tax returns not having been filed; application of the statute of repose in malpractice cases.