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

Search Case Summaries / Headnotes.
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15,488 Appellate Court Opinions

, Court of Appeals , COA22-326 (Judge April Wood) , Published
State v. Scott

Motion to suppress evidence; Fourth Amendment; traffic stop; weapons frisk; Terry frisk; totality of circumstances; validated gang member; officer's knowledge of prior murder charge; frisk of vehicle; may not raise different theory on appeal; prior record level worksheet; notice of prior record level point for committing a crime while on probation; parole or post-release supervision; waiver of notice of prior record level point.

, Court of Appeals , COA22-175 (Judge John Tyson) , Published
Pelc v. Pham

USCIS Form I-864 Affidavit of Support;
Household Size to Determine Financial Support;
Sponsored Immigrant's Income;
Quasi-Contract;
Equitable Damages;
Foreign-Money Claims Act, N.C. Gen Stat. 1C-1820-1834;
Missing Trial Transcript;
Attorney's Fees, N.C. Rev. R. Prof. Conduct 1.5;

, Court of Appeals , COA22-222 (Judge John Tyson) , Published
State v. Davis

1st Degree Murder;
Attempted First Degree Murder;
Arson;
Felony Murder;
Premeditation and deliberation;
Sufficiency of indictment;
Rules 401, 402, 403, 404(b);
Transferred Intent;
Prior Bad Acts;

, Court of Appeals , COA21-794 (Judge Valerie Zachary) , Published
State v. Duncan

motion to suppress; traffic stop; reasonable suspicion; medically canceled driver's license; search incident to arrest

, Court of Appeals , COA22-48 (Judge Jeff Carpenter) , Published
State v. Graham

Dismissal of unnecessary petition for writ of certiorari; N.C. Gen. Stat. 15A-1222 and 15A-1232; fair and clear jury instructions taken as a whole; DNA and fingerprint evidence; insufficient expert testimony under Rule 702(a)(3); no prejudicial error in admission of expert testimony; habitual breaking and entering status offense as a Class E felony; no clerical error on written judgment.

, Court of Appeals , COA22-414 (Judge John Arrowood) , Published
State v. Massey

Rule 404(b) prior bad act evidence; motion to dismiss N.C.G.S. 90-108(a)(7)

, Court of Appeals , COA22-517 (Judge John Tyson) , Published
State v. Owens

Indecent liberties;
Habitual Felon;
Opening Statement;
Vouching/bolstering;
Plain Error

, Court of Appeals , COA22-407 (Judge Allegra Collins) , Published
Askew v. City of Kinston

direct constitutional claims; administrative remedies; exhaustion; subject matter jurisdiction

, Court of Appeals , COA22-230 (Judge Richard Dietz) , Published
Carolyn Louise Gunn Testamentary Tr. v. Bumgardner

Obstruction of an easement; abandonment; scope of easement; permanent injunction; authority of trial court to consider balance of equities or relative hardship when issuing injunctive relief in property cases

, Court of Appeals , COA22-433 (Judge Hunter Murphy) , Published
Kozec v. Murphy

Child custody modification; misapprehension of law; authentication and admissibility of child protective services documents.

, Court of Appeals , COA21-786 (Judge Hunter Murphy) , Published
State v. Aguilar

Motion to suppress; probable cause to search an automobile; totality of the circumstances; negative canine hit.

, Court of Appeals , COA21-612 (Judge Hunter Murphy) , Published
State v. Boyette

Entry and rendition of judgment, probation revocation, search.

, Court of Appeals , COA22-527 (Judge Allegra Collins) , Published
State v. Byrd

motion to suppress properly denied; probable cause supported search warrant; search of a cell phone;

, Court of Appeals , COA22-227 (Judge Lucy Inman) , Published
State v. Hester

series of break-ins at a nonoperational plant; Harbison violation; defense counsel admitted to lesser-included offenses of misdemeanor breaking and entering and misdemeanor possession of stolen goods during closing argument; caught or in the act; remand for evidentiary hearing to determine if Defendant knowingly consented in advance of admissions; remaining claims for ineffective assistance of counsel dismissed without prejudice to filing a motion for appropriate relief below

, Court of Appeals , COA22-241 (Judge Hunter Murphy) , Published
State v. McVay

Motion to dismiss, indictment, surplusage, special jury instruction, preservation.

, Court of Appeals , COA20-908 (Judge Hunter Murphy) , Published
State v. Norris

Instructional error versus fatal variance, solicitation mens rea, failure to intervene.