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 , 316A14 (Justice Robert Edmunds Jr.) , Published
Beverage Sys. of the Carolinas, LLC v. Associated Beverage Repair, LLC

Following sale of a former family business, whether summary judgment should have been granted for sellers on purchaser's claims for breach of a non-compete agreement and for tortious interference with current and future customer contracts; extent of trial court's authority to revise geographic restrictions in the non-compete covenant.

, Supreme Court , 224PA15 (Per Curiam) , Published
In re Foreclosure of Brown

Whether petitioner was barred by the ten-year statute of limitations in N.C.G.S. 1-47(3) from initiating a proceeding to foreclose on real property under properly recorded deeds of trust containing a power of sale.

, Supreme Court , 340A15 (Per Curiam) , Published
In re M.P.M.

Termination of father's parental rights for neglect of his child based partially on the mother's abuse of four older half-siblings; whether termination of father's parental rights was supported by clear, cogent, and convincing evidence; whether the COA properly affirmed the trial court's conclusion that the father's neglect was continuing and would likely continue in the future.

, Supreme Court , 119PA15 (Justice Barbara Jackson) , Published
In re N.T.

Termination of parental rights; whether the trial court lacked subject matter jurisdiction over the case because the juvenile petition initiating the action was not verified as required by law.

, Supreme Court , 34A15 (Per Curiam) , Published
Pruett v. Bingham

Whether third-party defendants, a nonprofit corporation under contract with a County to provide fire and rescue services and its employee, should be dismissed from a negligence action on the basis of governmental and public officer immunity; whether third-party defendants adequately pleaded or properly produced documents in support of an immunity defense.

, Supreme Court , 65PA15 (Justice Sam Ervin IV) , Published
State v. Barnett

Whether the State presented sufficient evidence to show that defendant failed to report a change of address as required under the North Carolina sex offender registration program; whether there was a fatal variance between the indictment and the proof offered at trial.

, Supreme Court , 29PA15 (Justice Robin Hudson) , Published
State v. Crockett

Whether the State presented sufficient evidence that defendant failed to report his change of address as required under the N.C. sex offender registration program.

, Supreme Court , 281A15 (Per Curiam) , Published
State v. James

Whether the indictment charging defendant with failure to report his change of address as required under the N.C. sex offender registration program contained a fatal variance.

, Supreme Court , 199PA15 (Justice Sam Ervin IV) , Published
State v. Miller

State's appeal pursuant to N.C.G.S. 15A-1432 from dismissal of DWI charge; whether the trial court's actions sufficed to establish that an order had been entered sufficient to support the assertion of appellate jurisdiction over this appeal.

, Supreme Court , 143PA15 (Justice Paul Newby) , Published
State v. Spivey

Whether an indictment charging defendant with a real property crime was fatally defective because it did not allege that the entity that owned the property has the legal ability to own property.

, Supreme Court , 344PA14 (Justice Robin Hudson) , Published
State v. Walters

Whether defendant was deprived of his right to a unanimous jury verdict when the trial court erroneously instructed the jury on an alternate theory to support a conviction for first-degree kidnapping when that theory was not supported by the evidence.

, Supreme Court , 312A15 (Per Curiam) , Published
State v. Warren

Whether the trial court erred when it denied defendant's motion to suppress evidence obtained by an allegedly unconstitutional dog sniff.

, Supreme Court , 557PA13 (Justice Barbara Jackson) , Published
Irving v. Charlotte-Mecklenburg Bd. of Educ.

Wreck allegedly caused by negligence of driver of school activity bus; whether school activity buses are covered by the State Tort Claims Act under N.C.G.S. 143-300.1.

, Supreme Court , 181PA15 (Per Curiam) , Published
Lloyd v. Bailey

Action against county sheriff for wrongful discharge based on political considerations; whether sheriff's department employees are 'county employees' entitled to protection under N.C.G.S. 153A-99; whether plaintiff's dismissal violated his rights under the federal or state constitutions; whether summary judgment should have been granted for the sheriff.

, Supreme Court , 163A15 (Per Curiam) , Published
McLaughlin v. Bailey

Action against county sheriff for wrongful discharge based on political considerations; whether sheriff's department employees are 'county employees' entitled to protection under N.C.G.S. 153A-99; whether plaintiffs' dismissal violated their rights under the federal or state constitutions; whether summary judgment should have been granted for the sheriff on all claims.

, Supreme Court , 113A15 (Justice Mark Martin) , Published
State ex rel. McCrory v. Berger

Appeal from the decision of a three-judge superior court panel sustaining a facial challenge to portions of the Energy Modernization Act and the Coal Ash Management Act of 2014; whether legislative appointment provisions in the Acts violate the appointments clause or the separation of powers clause of the state constitution.

, Supreme Court , 333PA14 (Justice Robert Edmunds Jr.) , Published
State v. Williams

Whether an indictment charging a registered sex offender with failing to timely register a change of address was fatally defective regarding the timeframe in which he was required to report the address change.

, Supreme Court , 355PA14-2 (Justice Robert Edmunds Jr.) , Published
Young v. Bailey

Action against county sheriff for wrongful discharge based on political considerations; whether sheriff's department employees are 'county employees' entitled to protection under N.C.G.S. 153A-99; whether plaintiff's dismissal violated her rights under the federal or state constitutions; whether summary judgment should have been granted for the sheriff.