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 , COA22-348 (Judge John Tyson) , Published
State v. Mackey

Forgery;
Uttering;
Obtaining Property by False Pretenses;
Fatal Defect;
Fatal Variance;
Motion to Dismiss;
Unpreserved Issues on Appeal;
Sufficiency of the State's evidence under State v. Golder, 374 N.C. 238, 246, 839 S.E.2d 782, 788 (2020);
Statutory Right to Recordation;
N.C. Gen Stat. ? 15A-1241;
Private Bench Conferences;

, Court of Appeals , COA20-839 (Judge Darren Jackson) , Published
State v. Monroe

statute authorizing punishment of second-degree murder as a class B1 felony under two of three definitions of malice was not ambiguous, and sentencing defendant as a B1 felony offender was not error where jury unanimously found by special verdict form that all three forms of malice had been proven by the state

, Court of Appeals , COA22-354 (Judge Allegra Collins) , Published
State v. Scarboro

no plain error where trial court defined sexual act to include disjunctive acts

, Court of Appeals , COA22-257 (Judge April Wood) , Published
State v. Smith

Hearsay; Confidential informant; Surveillance video; Computer-generated time and date-stamp on video; Plain error; Computer records.

, Court of Appeals , COA21-651 (Judge John Tyson) , Published
Sullivan v. Woody

Grandparent Visitation;
Attorney's Fees under N.C. Gen. Stat. § 50-13.6;
Appellate Attorney's Fees under Rule 34 of the North Carolina Rules of Appellate Procedure;
Prior Appeal;
State Bar Rule 1.5;
Required Finding of Fact;
Failure to Follow Mandate on Remand;

, Supreme Court , 228A21 (Justice Michael Morgan) , Published
C Invs. 2, LLC v. Auger

Whether North Carolina's Real Property Marketable Title Act exempts all restrictive covenants pertaining to a general or uniform scheme of development that restricts property to residential use.

, Supreme Court , 36A22 (Justice Sam Ervin IV) , Published
Cedarbrook Residential Ctr., Inc. v. N.C. Dep't of Health & Hum. Servs.

Whether plaintiffs Cedarbrook Residential Center and Fred Leonard stated valid claims for negligence on the part of defendant North Carolina Department of Health and Human Services based upon the manner in which it inspected and took regulatory action against plaintiffs' adult care facility, whether any such claim is barred by sovereign immunity, and whether the public duty doctrine is available to defendant as an affirmative defense.

, Supreme Court , 413PA21 (Justice Robin Hudson) , Published
Harper v. Hall

Whether the trial court properly rejected the General Assembly's Remedial Congressional Plan and accepted the General Assembly's Remedial House Plan and Remedial Senate Plan.

, Supreme Court , 342PA19-2 (Justice Anita Earls) , Published
Holmes v. Moore

Whether the trial court's order finding that a law imposing a photo identification requirement for voters violates the equal protection guarantee of Art. I section 19 of the North Carolina Constitution was supported by evidence in the record and properly applied governing legal standards.

, Supreme Court , 308A21 (Justice Sam Ervin IV) , Published
In re C.G.

Whether the record evidence and the trial court's findings of fact support its decision that respondent should have been involuntarily committed for additional inpatient mental health treatment.

, Supreme Court , 312A21 (Per Curiam) , Published
In re C.G.F.

Whether the trial court violated respondent's due process right to an impartial tribunal in an involuntary commitment proceeding when the State did not appear and the trial court elicited evidence to support committing respondent.

, Supreme Court , 364PA19 (Justice Robin Hudson) , Published
In re Custodial Law Enf't Recording

Whether the trial court abused its discretion in denying, without explanation, the city's Motion to Modify Restrictions.

, Supreme Court , 279A21 (Per Curiam) , Published
In re E.M.D.Y.

Whether the trial judge violated respondent's due process right to an impartial tribunal in an involuntary commitment proceeding by calling a witness and eliciting testimony to support committing respondent when counsel for the State did not appear.

, Supreme Court , 313A21 (Justice Phil Berger Jr.) , Published
In re J.R.

Whether the trial court violated respondent's due process right to an impartial tribunal in an involuntary commitment proceeding when the State did not appear and the trial court elicited evidence to support committing respondent.

, Supreme Court , 251A21 (Justice Michael Morgan) , Published
In re K.P.

Whether the trial court properly verified that a juvenile's permanent custodial placement (1) understood the legal significance of the child's placement within the home and (2) possessed the appropriate resources to serve as a permanent placement. Whether the trial court properly eliminated reunification as a permanent plan.

, Supreme Court , 216A21 (Justice Michael Morgan) , Published
In re L.Z.S.

Whether respondent-parent's counsel was properly allowed to withdraw when, under the totality of the circumstances, the record reflected no notice to respondent-parent that his counsel could withdraw based upon his failure to appear at permanency planning hearings.

, Supreme Court , 309A21 (Per Curiam) , Published
In re Q.J.

Whether the trial court violated respondent's due process right to an impartial tribunal in an involuntary commitment proceeding when the State did not appear and the trial court elicited evidence to support committing respondent.

, Supreme Court , 317A21 (Justice Paul Newby) , Published
In re R.S.H.

Whether the trial court violated respondent's confrontation right by incorporating the report of a non-testifying physician into its findings of fact and whether the trial court's findings were sufficient to support its involuntary commitment order.

, Supreme Court , 9A22 (Justice Robin Hudson) , Published
McAuley v. N.C. A&T State Univ.

Whether a deceased employee's prior filing of a workers' compensation claim is sufficient to invoke the Industrial Commission's jurisdiction over a dependent's subsequent claim for death benefits under N.C.G.S. 97-24.