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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15,497 Appellate Court Opinions

, Court of Appeals , COA17-1032 (Judge Mark Davis) , Published
Cordaro v. Harrington Bank, FSB

Liability of lender to borrower for inaccurate home appraisal; N.C. Gen. Stat. § 53-244 (SAFE Act); justifiable reliance; breach of contract; unfair and deceptive trade practices

, Court of Appeals , COA17-1244 (Judge Mark Davis) , Published
Hunt v. NC Dep't of Pub. Safety

N.C. Gen. Stat. § 126-35; discharge without just cause; authority to accept a resignation; compliance with grievance process; attorneys' fees; appointing authority

, Court of Appeals , COA17-1328 (Judge Mark Davis) , Published
In re: J.D.M-J. & O.M.L.J.

Permanency planning order; statutory procedure for terminating proceeding in juvenile court and transferring matter to civil custody action; ICPC; verification of adequate resources and understand legal significance; visitation rights

, Court of Appeals , COA17-1433 (Judge Mark Davis) , Published
In re: R.L.G.

Adjudication of neglect; consent adjudication order requirements; pre-adjudication hearing findings

, Court of Appeals , COA17-535 (Judge Phil Berger Jr.) , Published
State v. Cozart

Satellite-based monitoring; Motion to discharge counsel; Ineffective assistance of counsel

, Court of Appeals , COA17-114 (Judge Donna Stroud) , Published
State v. Jones

ineffective assistance of counsel claim, self-defense, bench trial, not deficient performance

, Court of Appeals , COA17-341 (Judge Phil Berger Jr.) , Published
Walker v. Hoke Cty.

Motion to Dismiss; Rule 12(b)(1) of N.C. Rules of Civil Procedure; Taxpayer standing; Amotion

, 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.