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 , 368PA13 (Justice Robert Hunter Jr.) , Published
State v. Miller

Motion to suppress evidence; whether a police dog's instinctive and undirected action that brings evidence not otherwise in plain view into plain view constitutes a search within the meaning of the Fourth Amendment or Article I, Section 20 of the North Carolina Constitution

, Supreme Court , 531PA13 (Per Curiam) , Published
State v. Phillips

Whether the Court of Appeals erred in reversing a lower court order holding defendant-attorney in criminal contempt of court; whether the order was fatally deficient under N.C.G.S. 5A-15

, Supreme Court , 60A14 (Justice Cheri Beasley) , Published
State v. Sanders

Felony sentencing for a crime committed in North Carolina; whether the State proved that a prior offense for which defendant was convicted in Tennessee was substantially similar to a North Carolina offense for purposes of assigning defendant a sentencing point based on his prior record level under N.C.G.S. 15A-1340.14(e).

, Supreme Court , 392PA13 (Justice Paul Newby) , Published
State v. Walston

Whether denial of defendant's good character evidence proffered under Rule 404(a) was prejudicial error; whether the trial court erred in using the term victim to instruct the jury, in conformity with the Pattern Jury Instructions

, Supreme Court , 427PA13 (Justice Paul Newby) , Published
RL Regi N.C., LLC v. Lighthouse Cove, LLC

Whether a co-guarantor on a business loan waived any rights under the Equal Credit Opportunity Act when she executed a waiver of all claims in exchange for the lender's agreement to forbear from collecting the past-due debt

, Supreme Court , 380PA13 (Justice Barbara Jackson) , Published
Bynum v. Wilson Cnty.

Negligence action for a fall on the steps of a county office building; denial of summary judgment for County claiming governmental immunity defense

, Supreme Court , 51PA13 (Justice Paul Newby) , Published
Dallaire v. Bank of Am.

Borrowers' suit against lender that refinanced their home mortgage loan; summary judgment in favor of lender; whether a question of fact arose regarding the possible existence of a fiduciary relationship between borrowers and lender sufficient to support claims based on negligent misrepresentation and breach of fiduciary duty

, Supreme Court , 75PA13 (Justice Sarah Parker) , Published
DocRx, Inc. v. EMI Servs. of N.C., LLC

Action under the Uniform Enforcement of Foreign Judgments Act; whether the Full Faith and Credit Clause precludes the use of certain Rule 60(b) grounds to defeat enforcement of a foreign judgment in this state

, Supreme Court , 559PA11-2 (Per Curiam) , Published
Griffin v. Ball

Whether the Court of Appeals properly granted defendant's petition for habeas corpus because he was charged under a defective indictment for felonious failure to appear on a felony charge

, Supreme Court , 348PA13 (Justice Robert Edmunds Jr.) , Published
In re S.D.W.

Adoption proceeding; whether N.C.G.S. ? 48-3-601, as applied here to bar a putative father from being able to withhold his consent for the adoption, violates the father's constitutional due process rights

, Supreme Court , 281PA13 (Justice Paul Newby) , Published
King v. Town of Chapel Hill

Action for declaratory judgment and injunctive relief challenging town ordinances regulating towing of vehicles from private lots and banning mobile telephone use by all persons while driving a motor vehicle

, Supreme Court , 411A13 (Justice Robin Hudson) , Published
Medlin v. Weaver Cooke Constr., LLC

Workers? Compensation; whether a previously injured worker who can now perform the duties of his former job with minor restrictions is disabled under N.C.G.S. ? 97-2(9) because he is unable to obtain employment due to the economic downturn in his industry and not because of his injury

, Supreme Court , 262PA13 (Justice Cheri Beasley) , Published
State v. Facyson

Whether the trial court erred in sentencing defendant in the aggravated range because the evidence supporting the aggravating factor was the same evidence necessary to support an element of the underlying offense

, Supreme Court , 232PA13 (Justice Mark Martin) , Published
State v. Murchison

Whether the trial court abused its discretion in revoking defendant's probation and reactivating his sentences based solely on hearsay testimony from defendant's probation officer

, Supreme Court , 371PA13 (Justice Cheri Beasley) , Published
State v. Pennell

Appeal by defendant from trial court's judgment revoking his probation; whether defendant could challenge the validity of his underlying conviction in his appeal from the judgment revoking probation

, Supreme Court , 284PA13 (Per Curiam) , Published
State v. Rivas-Batres

Plain error review of convictions for multiple sexual offenses with a child; whether the trial court erred in using the term victim to instruct the jury, in conformity with the Pattern Jury Instructions