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 , COA17-448 (Judge Rick Elmore) , Published
State v. Harding

Jury instructions on unindicted first-degree kidnapping elements; sentences for two assaults allegedly based on the same conduct; motion to dismiss first-degree offense for insufficient evidence of serious personal injury; lifetime registration and SBM; Grady issue

, Court of Appeals , COA17-405 (Judge Linda McGee) , Published
State v. Miller

Necessity, Duress, Defense, Instruction

, Court of Appeals , COA17-253 (Judge Lucy Inman) , Published
State v. Watson

Motion for Appropriate Relief; Commitment Orders; Judgments and Sentencing; Judicial Notice; Service of Sentence

, Court of Appeals , COA17-612 (Judge Hunter Murphy) , Published
State v. Webb

Felonious larceny; jury instructions; breaking or entering; sufficient evidence to support jury finding that defendant personally committed the crime

, Supreme Court , 427A16 (Justice Barbara Jackson) , Published
Abrons Fam. Prac. & Urgent Care, PA v. N.C. Dep't of Health & Hum. Servs.

Civil complaint filed by various medical practices to recover damages and other relief for the State's failure to properly implement a new electronic payment system to reimburse plaintiffs for their services to Medicaid-eligible patients; whether the trial court erred in dismissing plaintiffs' complaint for lack of subject matter jurisdiction because plaintiffs did not exhaust their administrative remedies before filing a civil suit.

, Supreme Court , 453A16 (Per Curiam) , Published
Allied Spectrum, LLC v. Ger. Auto Ctr., Inc.

Civil action for breach of contract and related claims; whether plaintiff was entitled to voluntarily dismiss its case under Civil Procedure Rule 41(a)(1) after end of summary judgment hearing but before the court issued its ruling; whether the trial court erred in entering summary judgment for defendants.

, Supreme Court , 160A16 (Justice Barbara Jackson) , Published
Davis v. Hulsing Enters.

Whether North Carolina recognizes a first-party claim for dram shop liability; if so, whether that claim is barred by the contributory negligence of plaintiff's decedent.

, Supreme Court , 279A17 (Per Curiam) , Published
In re D.E.M.

Termination of parental rights; whether the mother willfully abandoned the juvenile as defined in subdivision 7B-1111(a)(7) of the Juvenile Code.

, Supreme Court , 7PA17 (Per Curiam) , Published
In re J.A.M.

Minor child; adjudication of neglect and dispositional order ceasing reunification efforts; whether clear and convincing evidence supported findings of fact on which the order was based.

, Supreme Court , 358A16 (Per Curiam) , Published
In re Se. Eye Ctr.

Appeal from interlocutory orders of N.C. Business Court approving a Settlement Agreement between plaintiffs and some defendants and appointing a Receiver for another defendant that is a Trust.

, Supreme Court , 168A17 (Per Curiam) , Published
In re Se. Eye Ctr.

Appeal from interlocutory order of N.C. Business Court approving a Settlement Agreement entered in one of a series of lawsuits; whether the claimant was inappropriately granted secured status as part of her settlement with the Receiver administering defendants' assets; whether the court abused its discretion in approving the settlement.

, Supreme Court , 259A17 (Per Curiam) , Published
In re Se. Eye Ctr.

Appeal from interlocutory order of N.C. Business Court approving a Settlement Agreement entered in one of a series of lawsuits; whether the claimant was inappropriately granted secured status as part of her settlement with the Receiver administering defendants' assets; whether the court abused its discretion in approving the settlement.

, Supreme Court , 382PA16 (Justice Paul Newby) , Published
King v. Albemarle Hosp. Auth.

Medical malpractice action on behalf of minor child for birth-related injuries; whether, after the complaint was dismissed under Rule 41 and refiled six years later, N.C.G.S. 1-17(b) extended the three-year statute of limitations for professional malpractice actions established in N.C.G.S 15(c), thus preventing the refiled complaint from being time barred.

, Supreme Court , 361PA16 (Justice Mark Martin) , Published
N.C. Dep't of Transp. v. Mission Battleground Park, DST

Condemnation proceeding under Chapter 136 to take a portion of defendants' property for highway improvement purposes; whether the trial court abused its discretion in excluding expert opinion testimony on valuation offered by defendants because the trial court did not consider admissibility of the testimony under Evidence Rule 702 rather than N.C.G.S. 93A-83; whether it was improper for the trial court to instruct the jury that the jury should not consider the taking and use of adjoining lands of others for the same undertaking in determining just compensation.

, Supreme Court , 45A17 (Per Curiam) , Published
N.C. Farm Bureau Mut. Ins. Co. v. Hull

Subrogation action to recover money paid under the UIM coverage provision of a policy issued by plaintiff after plaintiff's insureds obtained a settlement from another fully insured third-party tortfeasor; whether plaintiff's claim should have been dismissed based on the three-year statute of limitations for breach of contract actions; when the claim accrued.

, Supreme Court , 276A17 (Per Curiam) , Published
State v. Cannon

Whether the trial court erred in denying defendant's motion to dismiss a charge of aiding and abetting larceny based on insufficient evidence.

, Supreme Court , 390PA16 (Justice Cheri Beasley) , Published
State v. Chekanow

Sufficiency of evidence that defendants constructively possessed marijuana found growing on their property.

, 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.