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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33,453 Appellate Court Opinions

, Supreme Court , 242A20 (Justice Anita Earls) , Published
N.C. Farm Bureau Mut. Ins. Co. v. Lunsford

Whether the Financial Responsibility Act permits a North Carolina resident who entered into an insurance contract in North Carolina to stack her own underinsured motorist coverage limits with the underinsured motorist coverage limits provided to the tortfeasor under an out-of-state insurance policy.

, Supreme Court , 453A20 (Justice Sam Ervin IV) , Published
S. Env't Law Ctr. v. N.C. Railroad Co.

Whether the North Carolina Railroad Company is an agency or subdivision of the North Carolina government as that term is defined in the Public Records Act, N.C.G.S. 132-1.

, Supreme Court , 115A04-3 (Justice Anita Earls) , Published
State v. Allen

Whether the defendant was entitled to an evidentiary hearing on any of the claims asserted in his post-conviction motion for appropriate relief that were summarily dismissed by the trial court. Whether the trial court erred in denying the defendant's other claims after conducting a limited evidentiary hearing on certain claims and a full evidentiary hearing on other claims.

, Supreme Court , 461A20 (Justice Phil Berger Jr.) , Published
State v. Austin

Defendant appeals from a judgment based on the trial court's alleged insertion of judicial opinion during its jury instructions which defendant argues prejudiced the jury enough to result in a new trial.

, Supreme Court , 184A20 (Justice Tamara Barringer) , Published
State v. Chavez

Failure to provide name of co-conspirator in jury instructions; plain error review of jury instructions; overwhelming evidence to support guilt without naming co-conspirator in jury instructions.

, Supreme Court , 3A20 (Justice Michael Morgan) , Published
State v. Johnson

Whether reasonable suspicion--necessary to justify a warrantless Terry search of defendant and the area of his vehicle under his direct control--existed where the responding officer testified that, during a traffic stop in a high-crime area at night for a non-moving violation, defendant (1) held his hands outside the driver's window as officers approached his vehicle, (2) appeared nervous in his interactions with the officer, (3) was 'blading' his body when retrieving documentation from the center console, and (4) possessed a criminal record with violent crime and weapons charges.

, Supreme Court , 187PA20 (Justice Robin Hudson) , Published
State v. Shuler

Whether a criminal defendant forfeits their Fifth Amendment right to silence when they give pretrial notice of an affirmative defense under N.C.G.S. 15A-905(c)(1); whether the State is permitted to elicit testimony on a defendant's silence during its case-in-chief for the purposes of impeachment based solely on the defendant's pretrial notice of an affirmative defense.

, Supreme Court , 296A19 (Justice Paul Newby) , Published
Wells Fargo Bank, N.A. v. Stocks

When a cause of action accrues for reformation of a deed of trust based on mutual mistake and whether the parties intended a deed of trust to secure a promissory note.

, Court of Appeals , COA20-846 (Judge Darren Jackson) , Published
Angarita v. Edwards

trial court did not err by paraphrasing witness testimony in factual finding; record did not support allegation that trial judge showed hostility to party; correction of order by trial court amounted to a merely clerical correction because it added no new substantive requirements to order; ordering a mental health evaluation of a party was within the court's discretion as other relief in an action for a no-contact order; trial court did not err in failing to rule on motion to dismiss that was not served on all parties and movant did not raise at the appropriate time

, Court of Appeals , COA20-558 (Judge Lucy Inman) , Unpublished
Goforth v. LR Dev.-Charlotte, LLC

real estate financing transactions; North Carolina General Statute Chapter 45, Article 7; future advances; validity v. priority; deed of trust secured by real property; maturity date; record notice; summary judgment; affirmed and modified in part; reversed and remanded in part

, Court of Appeals , COA20-891 (Judge Richard Dietz) , Unpublished
In re N.T., K.M., and A.C.

Juvenile abuse and neglect; permanency planning; guardianship; trial court's duties under Indian Child Welfare Act

, Court of Appeals , COA21-6 (Judge April Wood) , Published
In re: A.D. & A.D.

Services needed; substantiated; neglected juveniles; clear and convincing evidence; conclusion of law; and finding of fact.

, Court of Appeals , COA20-193 (Judge Valerie Zachary) , Published
Munoz v. Munoz

child custody; relocation; potential military deployment; N.C. Gen. Stat. 50-13.2(f); statutory construction

, Court of Appeals , COA20-594 (Judge Hunter Murphy) , Published
Putnam v. Putnam

Equitable distribution; parties? standard of living during the marriage; alimony.

, Court of Appeals , COA20-32 (Judge Fred Gore) , Published
Sprinkle v. Johnson

alienation of affection and criminal conversation; no notice of trial; due process rights; Rule 2

, Court of Appeals , COA20-309 (Judge John Tyson) , Published
State v. Abbitt

First-degree murder; felony murder; assault with a deadly weapon; attempted robbery with a deadly weapon; eyewitness identification, NCGS 15A-284.52(d)(3); implicating third parties; suggestive photo lineup; errors in closing arguments; hearsay and relevant evidence; sufficiency of the indictment; non-capital murder.

, Court of Appeals , COA20-342 (Judge Lucy Inman) , Unpublished
State v. Adam Wayne Eller

felony larceny of a motor vehicle; insufficient evidence of value of vehicle; vacate in part and remand for resentencing; enter judgment on lesser-included misdemeanor larceny; breaking and entering with intent to commit a felony therein; evidence of intent to commit larceny of car keys at time of entrance into home; no error; remand to correct clerical errors in felony breaking and entering status and class in judgment