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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15,488 Appellate Court Opinions

, Court of Appeals , COA21-774 (Judge Donna Stroud) , Published
Cash v. Cash

child support, bad faith

, Court of Appeals , COA22-116 (Judge Lucy Inman) , Published
Coles v. Sugarleaf Labs, Inc.

Motion to Compel Arbitration; Revised Uniform Arbitration Act; Federal Arbitration Act; Interlocutory Order; Final Judgment; Appellate Jurisdiction

, Court of Appeals , COA22-104 (Judge Darren Jackson) , Published
D.V. Shah Corp. v. Vroombrands, LLC

trial court abused its discretion by denying motion for continuance by pro se party where movant violated or apparently violated numerous local rules in noticing the hearing, failing to notice counterclaims and defenses, improperly serving a summary judgment motion, and improperly serving supporting affidavit and brief

, Court of Appeals , COA21-684 (Judge Allegra Collins) , Published
Dep't of Transp. v. Mountain Vills., LLC

condemnation action; evidence supports the findings of fact and the findings of fact support the conclusion of law that defendant failed to meet its burden of establishing a prescriptive easement; doctrine of judicial estoppel inapplicable; plaintiff did not take a subsequent factual position that was clearly inconsistent with its earlier position

, Court of Appeals , COA22-46 (Judge Richard Dietz) , Published
LouEve, LLC v. Ramey

Petition for a writ of certiorari; content of notice of appeal; notice of hearing; compliance with trial court's general rules of practice; Rule 60(b); abuse of discretion

, Court of Appeals , COA21-674 (Judge Donna Stroud) , Published
State v. Ambriz

speedy trial, motion to dismiss, trafficking, Barker v. Wingo

, Court of Appeals , COA22-41 (Judge Jefferson Griffin) , Published
State v. Edwards

Indictment, sufficiency, larceny, schools, board of education, MAR

, Court of Appeals , COA22-70 (Judge Allegra Collins) , Published
State v. Kelly

unpreserved error: defense did not move to strike officer's nonresponsive opinion testimony; officer's nonresponsive opinion testimony was not plain error; state produced sufficient evidence that defendant was the perpetrator; double jeopardy: armed robbery of two employees of the same store supports judgment for only a single armed robbery.

, Court of Appeals , COA21-685 (Judge Jeff Carpenter) , Published
State v. Lucas

Motion to suppress; warrantless search pursuant to N.C. Gen. Stat. 15A-1343(b)(13); reasonable belief as to probationer's premises; search directly related to probationer's probation supervision; implied consent to search; facial challenge of search warrant affidavit; sufficient showing of probable cause.

, Court of Appeals , COA22-220 (Judge Allegra Collins) , Published
State v. Moore

no per se ineffective assistance of counsel where Defendant previously consented to counsel's strategy of arguing self-defense and arguing for lesser-included offenses; no ineffective assistance of counsel claim where Defendant consented to self-defense strategy and called only one defense witness; no prejudicial error where the trial court admitted certain opinion evidence of a detective

, Court of Appeals , COA22-258 (Judge John Tyson) , Published
State v. Tabb

Possession and Distribution of Illegal drugs;
U.S. Constitution 4th Amendment;
Search and Seizure;
N.C. Constitution Article 1, §20;
Stationary vehicle;
Reasonable Suspicion;
Detention of individual;
Plain view;
Industrial Hemp;
Probable cause

, Court of Appeals , COA21-10 (Judge Valerie Zachary) , Published
State v. Teague

postal interdiction; motion to suppress; waiver of appellate review; Industrial Hemp Act; motion to dismiss; lay opinion testimony; identification of marijuana as a controlled substance; conspiracy; statements of a co-conspirator

, Court of Appeals , COA22-135 (Judge Allegra Collins) , Published
The N.C. State Bar v. Megaro

adequate evidence to support the DHC's findings of fact, and the findings of fact adequately support the conclusions of law where Defendant entered into a representation agreement with brothers who did not have the capacity to understand the agreement due to their low IQs and adaptive functioning deficits

, Court of Appeals , COA22-190 (Judge Donna Stroud) , Published
In re: D.S.

neglect, dependency, adjudication, juvenile, Rule 3.1

, Court of Appeals , COA21-709 (Judge April Wood) , Published
Kelly v. State of N.C.

Opportunity Scholarship Program; Lower-income families may receive scholarships from the State to attend private school; Constitutional challenge; As-applied challenge; Facial challenge; Subject matter jurisdiction; Breadth of the remedy requested, not what is pleaded in the complaint, is controlling in determining whether the challenge is facial or as-applied.

, Court of Appeals , COA22-109 (Judge April Wood) , Published
Ladd v. Funderburk

Governmental immunity; Qualified immunity; Governmental in nature vs. Proprietary in nature; N.C. Gen. Stat § 160A-296; Affirmative duty; Roadway obstructions; Tree ordinance; Waiver of governmental immunity; Liability insurance; Insurance policy effect on the defense of governmental immunity; N.C. Gen. Stat. § 153A-435; Summary judgment.

, Court of Appeals , COA21-588 (Judge April Wood) , Published
N.C. Farm Bureau Mut. Ins. Co., Inc. v. Carpenter

Legionnaire's Disease; Insurance Policy's Fungi or Bacteria Exclusion; Insurance Policy's Consumption Exception; Summary judgment; Interlocutory appeal; Construction and interpretation of an insurance contract is a question of law; Insurer's duty to defend; Duty to indemnify.

, Court of Appeals , COA22-30 (Judge Hunter Murphy) , Published
Neeley v. Fields

Legal malpractice; easements of record; construction of deeds

, Court of Appeals , COA21-620 (Judge Allegra Collins) , Published
State v. Booth

no plain error where an officer testified to the contents of a search warrant and the search warrant/affidavit were entered into evidence; motion to dismiss properly denied where there was sufficient evidence that the green leafy substance seized was marijuana