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 , 243PA12 (Justice Robert Edmunds Jr.) , Published
N.C. Farm Bureau Mut. Ins. Co. v Cully's Motorcross Park, Inc.

Whether information given by an insurance investigator to police regarding a loss caused by arson should subject the insurer to liability for malicious prosecution and for an unfair and deceptive trade practice; extent of immunity provided to insurer under N.C.G.S. ? 58-79-40 and the Noerr-Pennington doctrine

, Supreme Court , 358A12 (Per Curiam) , Published
State v. Boyd

Whether the trial court committed plain error by erroneously instructing the jury on an alternate theory to support a conviction for second-degree kidnapping when that theory was not supported by the evidence

, Supreme Court , 493A12 (Per Curiam) , Published
State v. Kochuk

Motion to suppress evidence of DWI; whether police had reasonable suspicion to stop defendant's vehicle

, Supreme Court , 510A12 (Per Curiam) , Published
State v. Land

Whether an indictment charging defendant with delivery of marijuana under N.C.G.S. ? 90-95(a)(1) was fatally defective because it did not state the weight of the marijuana; ineffective assistance claim based on defense counsel's failure to request jury instructions, the omission of which was found not to constitute plain error

, Supreme Court , 48PA11-2 (Justice Mark Martin) , Published
State v. Rhodes

Appeal from trial court's order granting defendant's MAR following his convictions; whether trial court abused its discretion in determining that defendant met his burden to establish newly discovered evidence meriting a new trial.

, Supreme Court , 360A12 (Per Curiam) , Published
Cedar Greene, LLC v. City of Charlotte

Whether defendant imposed a discriminatory dual rate structure in violation of N.C.G.S. ? 160A-314 when providing solid waste disposal, a public enterprise

, Supreme Court , 312A12 (Per Curiam) , Published
Gonzalez v. Worrell

Worker's Compensation; dispute over which workers' compensation insurance carrier is liable for payment to an employee of a subcontractor; application and interpretation of N.C.G.S. ?? 58-36-105 (required notice for cancellation of workers' compensation insurance), 58-36-110 (requirements for notifying policy holder of nonrenewal of insurance), and 97-19 (effect of general contractor?s not obtaining certificate of insurance from a subcontractor) when the subcontractor had workers' compensation insurance at the time of plaintiff's work-related accident

, Supreme Court , 399A12 (Per Curiam) , Published
Keyes v. Johnson

Whether an attorney removed from representing a client by the Clerk of Court for a conflict of interest can recover the value of her services in an action based on quantum meruit

, Supreme Court , 268A12 (Justice Barbara Jackson) , Published
State ex rel. Utilities Comm'n v. Att'y Gen.

Appeal from Commission order granting rate increase to electric power company; whether the order was supported by competent, material, and substantial evidence

, Supreme Court , 507PA11 (Justice Cheri Beasley) , Published
State v. Carter

Plain error review; whether a defendant convicted of first-degree sexual offense should receive a new trial because the trial court did not also instruct the jury on attempted first-degree sexual offense

, Supreme Court , 451PA12 (Justice Paul Newby) , Published
State v. Griffin

Motion to suppress evidence related to defendant's arrest for driving while impaired; whether the traffic stop violated defendant's constitutional rights

, Supreme Court , 410A12 (Per Curiam) , Published
State v. Miles

First-degree murder (noncapital); whether defendant's motion to dismiss should have been allowed because the State's evidence was insufficient to establish that defendant was the perpetrator of the crime

, Supreme Court , 127A12 (Justice Mark Martin) , Published
IMT, Inc. v. City of Lumberton

Enforceability of a privilege tax imposed by the City on companies purportedly engaged in cyber-gambling; whether summary judgment was properly entered for the City on the companies' claim that the privilege tax violates the N.C. Constitution's prohibition on unjust and inequitable taxes.

, Supreme Court , 554PA11 (Justice Mark Martin) , Published
In re Foreclosure of Bass

Whether petitioner, which was not the original lender named in a promissory note executed by the borrower, was the holder of the note at the time of default and thus had authority to foreclose on respondent's property under the accompanying deed of trust.

, Supreme Court , 359A12 (Per Curiam) , Published
Lovette v. N.C. Dep't of Corr.

Whether sentence reduction credits apply when determining the unconditional release dates of inmates who received eighty-year life sentences for commission of second-degree murder and second-degree burglary

, Supreme Court , 299PA12 (Per Curiam) , Published
Ochsner v. Elon Univ.

Whether campus police arrest records are subject to the N.C. Public Records Act

, Supreme Court , 363PA11 (Justice Paul Newby) , Published
State v. Ellison

Whether trafficking in prescription tablets and pills that contain an opium mixture classified under Schedule III of the N.C. Controlled Substances Act is punishable under N.C.G.S. ? 90-95(h)(4)

, Supreme Court , 45A12 (Justice Robert Edmunds Jr.) , Published
State v. Khan

Whether defendant's Transcript of Plea and Transcript of Plea Hearing were ambiguous regarding the number of crimes for which he stipulated to existence of an aggravating factor