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 , 251A17 (Per Curiam) , Published
State v. Cook

Whether defendant was entitled to a self-defense instruction based on N.C.G.S. 14-51.2, the 'castle doctrine.'

, Supreme Court , 85A17 (Per Curiam) , Published
State v. Downey

Appeal from trial court's denial of defendant's motion to suppress evidence found during a traffic stop; whether the police officer unconstitutionally prolonged the stop in violation of the Supreme Court of the United States' decision in Rodriguez v. United States.

, Supreme Court , 606A05-3 (Justice Cheri Beasley) , Published
State v. Lane

Direct appeal from trial court's order denying defendant's motion for postconviction DNA testing following this Court's opinion finding no error in defendant's conviction for first-degree murder and his sentence of death.

, Supreme Court , 4PA17 (Per Curiam) , Published
State v. Schalow

Whether defendant's conviction for attempted first-degree murder should be vacated on double jeopardy grounds.

, Supreme Court , 171A17 (Per Curiam) , Published
State v. Williams

Whether, during a trial for possession of a firearm by a convicted felon, the trial court properly admitted testimony regarding defendant's prior possession of a firearm under Rule 404(b); whether that testimony was unfairly prejudicial and therefore should have been excluded under Rule 403; whether the Court of Appeals erred by reviewing for prejudicial error as opposed to plain error.

, Supreme Court , 348A16 (Justice Robin Hudson) , Published
Tully v. City of Wilmington

Action by City employee alleging that the City acted arbitrarily in failing to follow its established personnel policies when denying him a promotion; appeal from trial court's grant of judgment on the pleadings in favor of the City; whether plaintiff sufficiently alleged claims under Article I, Sections 1 and 19 of the state constitution.

, Supreme Court , 44PA17 (Justice Sam Ervin IV) , Published
Wilkie v. City of Boiling Spring Lakes

Action for inverse condemnation pursuant to N.C.G.S. 40A-51 based upon the flooding of plaintiffs' property by water from an adjacent City-owned lake.

, Supreme Court , 419PA16 (Justice Cheri Beasley) , Published
Willowmere Cmty. Ass'n v. City of Charlotte

Whether the trial court erred in dismissing an action brought by plaintiff homeowners' associations seeking to invalidate the City's rezoning of adjacent property; whether the failure of plaintiffs' boards of directors to comply with association bylaws authorizing them to initiate litigation on behalf of the members deprived plaintiffs of legal standing to sue.

, Supreme Court , 52PA17-2 (Justice Sam Ervin IV) , Published
Cooper v. Berger

Constitutional challenge to 2017 law replacing State Board of Elections and State Ethics Commission with Bipartisan State Board of Elections and Ethics Enforcement.

, Supreme Court , 110A17 (Per Curiam) , Published
Harris v. N.C. Dep't of Pub. Safety

Whether the Department of Public Safety had just cause to terminate a corrections officer from employment for allegedly unacceptable conduct; application of Chapters 126 and 150B to the employee's appeal from an administrative law judge's final decision reversing the termination and imposing a lesser sanction.

, Supreme Court , 420A16 (Per Curiam) , Published
In re G.T.

Whether N.C.G.S. 7B-901(c) allows a trial court to make an initial finding of aggravated circumstances in the same disposition order that directs cessation of reunification efforts, or whether such a finding must be made in a separate, previous order.

, Supreme Court , 443PA16 (Per Curiam) , Published
State v. Godbey

Appeal from conviction for indecent liberties with a child; whether testimony by defendant's wife should have been excluded under the marital communications privilege and Rule of Evidence 404(b); application of N.C.G.S. 8-57, 8-57.1, and 7B-310.

, Supreme Court , 466A16 (Per Curiam) , Published
State v. Wilson

Motion to suppress evidence; whether the trial court properly determined that defendant was not seized and that his Fourth Amendment rights thus were not implicated.

, Supreme Court , 150A17 (Per Curiam) , Published
Wheeler v. Cent. Carolina Scholastic Sports, Inc.

Negligence suit by spectator hit by a baseball while at defendant's ball field; whether defendant met its duty of care to plaintiff under 'The Baseball Rule'; whether trial court erred in granting summary judgment for defendant in lieu of letting the matter go before a jury.

, Supreme Court , 52PA16 (Justice Robin Hudson) , Published
Easter-Rozzelle v. City of Charlotte

Workers' Compensation Act; application of N.C.G.S. 97-10.2, which states the rights and obligations of an employer and employee regarding payment of benefits under the Act when the employee recovers a settlement in a common law action for damages against a third-party tortfeasor.

, Supreme Court , 386PA16 (Justice Michael Morgan) , Published
State v. Dick

Whether the trial court erred in giving a disjunctive jury instruction on one of the elements of first-degree sexual offense; whether the error was prejudicial to defendant.

, Supreme Court , 94PA16 (Justice Sam Ervin IV) , Published
State v. Fletcher

Conviction for sexual exploitation of a minor under N.C.G.S. 14-190.16; whether the trial court abused its discretion in overruling defendant's objection to the prosecutor's closing argument and denying defendant's request for an instruction defining 'oral intercourse' as requiring penetration.