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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15,982 Appellate Court Opinions

, Court of Appeals , COA22-391 (Judge Allegra Collins) , Published
Ricky Spoon Builders, Inc. v. EmGee, LLC

no full compliance where Plaintiffs did not deposit an earnest money deposit before the Agreement expired on 3 November 2020 at 5:00 p.m.; no substantial performance where the envelope containing the earnest money deposit was post-marked 5 November 2020 and received 16 November 2020.

, Court of Appeals , COA22-523 (Judge Donna Stroud) , Published
Rollings v. Shelton

domestic violence protective order (DVPO), motion to dismiss, act of domestic violence, causing bodily injury

, Court of Appeals , COA22-196 (Judge Chris Dillon) , Published
State v. Bailey

writ of certiorari, probation, Rule 2, abuse of discretion

, Court of Appeals , COA22-52 (Judge John Tyson) , Published
State v. Fabian

First-Degree Sexual Offense with a minor;
Statutory Rape of a Child;
Indecent Liberties;
Motion to Dismiss;
Failure to Object;
Plain Error Review;
Rule404(b) - similar victims;
Rule 403
Vouching;
Defendant's Admissions;
Prosecutor's Remarks During Closing Arguments;
Ineffective Assistance of Counsel

, Court of Appeals , COA21-566 (Judge Jefferson Griffin) , Published
State v. Noffsinger

First-degree murder; double jeopardy; Blockburger test; Diaz exception; due process.

, Court of Appeals , COA20-572 (Judge Darren Jackson) , Published
State v. Perkins

indictment identifying victim by initials and date of birth were facially valid; a majority of the court issues a petition for certiorari per opinion; one judge would affirm the satellite-based monitoring orders; one judge would dismiss portion of appeal related to satellite-based monitoring order; and one judge would hold that court lacked jurisdiction to review satellite-based monitoring orders

, Court of Appeals , COA21-688 (Judge April Wood) , Published
State v. Tripp

Double jeopardy; Fifth amendment; Substantive due process; Fourteenth amendment; Child abuse conviction and subsequent prosecution for murder; Elements of murder; Blockburger test; Same-Elements Test; Diaz v. United States; Diaz Exception; Double jeopardy exception; Same Conduct Test; Statute of limitations; States may afford greater protections than U.S. Constitution; Law of the Land clause

, Court of Appeals , COA22-291 (Judge Donna Stroud) , Published
State v. Walters

motion to suppress, plain error, hemp, Fourth Amendment

, Court of Appeals , COA22-271 (Judge Allegra Collins) , Published
Abdo v. Jones

Discovery Violations; Rule 37 Sanctions

, Court of Appeals , COA21-373 (Judge Donna Stroud) , Published
Eidson v. Kakouras

Child Support, substantial change of circumstances, stipulation, past-due support

, Court of Appeals , COA22-543 (Judge Jefferson Griffin) , Published
Haidar v. Moore

N.C. Gen. Stat. 50C no-contact order, written findings of fact required

, Court of Appeals , COA22-441 (Judge Darren Jackson) , Published
In re: B.S.

remand was required where trial court failed to conduct the statutorily required inquiry for a respondent in an involuntary commitment proceeding who chose to proceed pro se; court was required to inquire into the respondent's age, mental condition, education, and the extent to which the respondent understood the complexity of the case

, Court of Appeals , COA22-97 (Judge John Tyson) , Published
State v. Hawkins

Rape of a Child;
Appellate Rules Violations;
Appellate Rules 2,3,4 and 10;
Defective Notice of Appeal;
Petition of Writ of Certiorari;
Showing of Merit and Prejudice;
Exclusion & Limitation of Expert Witness testimony;
Abuse of Discretion

, Court of Appeals , COA22-260 (Judge Lucy Inman) , Published
State v. Walker

First-Degree Murder; Premeditation and Deliberation; Motion to Dismiss; Jury Instructions; Self-Defense; Stand Your Ground Instruction

, Court of Appeals , COA21-670 (Judge John Tyson) , Published
State v. Woodley

1st Degree Murder;
Covid-19 Protocols;
Emergency Directives;
Chief Justices Authority;
N.C. Gen Stat. 7A-39(b)(2)
Superior Court Jurisdiction;
Motion to Continue;
Courtroom Capacity;
Jury Selection;
Ineffective Assistance of Counsel

, Court of Appeals , COA22-19 (Judge Allegra Collins) , Published
The Ascot Corp., LLC v. I&R Waterproofing, Inc.

North Carolina Rules of Civil Procedure Rule 14; Third-party Practice; Breach of Express Warranty; Breach of Implied Warranty of Merchantability; Indemnity; Contribution; Rule 12(b)(6) Motion to Dismiss

, Supreme Court , 165A21 (Justice Paul Newby) , Published
Dewalt v. Hooks

Whether the trial court abused its discretion in denying plaintiffs' motion for class certification under Rule 23 of the North Carolina Rules of Civil Procedure.

, Supreme Court , 457PA19-2 (Justice Anita Earls) , Published
Farmer v. Troy Univ.

Whether a state-run Alabama university can open an office in North Carolina, recruit students for its on-line programs, and subsequently enjoy sovereign immunity when a North Carolina employee alleges and sues the university for sexual harassment.