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

, Court of Appeals , COA17-899 (Judge Donna Stroud) , Published
Watson v. Watson

equitable distribution order; unequal distribution of marital property; classification; valuation

, Court of Appeals , COA17-988 (Judge Hunter Murphy) , Unpublished
Whitmore v. Whitmore

Willfulness, Ability to Comply, Child Support, Contempt

, Supreme Court , 162A17 (Justice Mark Martin) , Published
Boone Ford, Inc. v. IME Scheduler, Inc.

Appeal from order consolidating cases; whether the judge who entered the order lacked authority to do so because a different judge presided over the matter at trial and whether, if so, the resulting procedural error requires vacatur of the judgment below.

, Supreme Court , 202A17 (Per Curiam) , Published
Locklear v. Cummings

Complaint alleging medical malpractice; whether plaintiff's failure to comply with Rule 9(j) before expiration of the statute of limitations requires dismissal of the action if the complaint alleges facts sounding in ordinary negligence, for which a Rule 9(j) certification is not required.

, Supreme Court , 441PA16 (Justice Barbara Jackson) , Published
State v. Curtis

Whether the two-year statute of limitations in N.C.G.S. § 15-1 mandates dismissal of misdemeanor charges against a defendant who was charged via a citation and magistrate's order, but not by a warrant, indictment, or presentment.

, Supreme Court , 245A08-2 (Justice Sam Ervin IV) , Published
State v. Hyman

Motion for appropriate relief after defendant was convicted of first-degree murder; whether defendant was denied effective assistance of counsel after counsel did not withdraw from representing him at trial so that she could offer exculpatory testimony on defendant's behalf.

, Supreme Court , 221PA17 (Justice Sam Ervin IV) , Published
State v. Langley

Whether the indictment charging defendant with having attained habitual felon status was fatally defective.

, Supreme Court , 63A17 (Justice Mark Martin) , Published
State v. Rogers

Whether the State presented sufficient evidence to survive defendant's motion to dismiss a charge of keeping or maintaining a vehicle which is used for the keeping or selling of a controlled substance.

, Supreme Court , 271PA15-2 (Justice Sam Ervin IV) , Published
State v. Saldierna

Confession by juvenile defendant while under police interrogation; whether defendant's motion to suppress should have been allowed under N.C.G.S. § 7B-2101 because the confession was not made knowingly and voluntarily.

, Supreme Court , 440PA16 (Per Curiam) , Published
State v. Turner

Whether the two-year statute of limitations in N.C.G.S. § 15-1 mandates dismissal of misdemeanor charges against a defendant who was charged via a citation and magistrate's order, but not by a warrant, indictment, or presentment.

, Supreme Court , 42PA17 (Justice Robin Hudson) , Published
Vaughan v. Mashburn

Whether the trial court erred in dismissing a medical malpractice complaint for failure to comply with Civil Procedure Rule 9(j) when plaintiff met the substantive requirements of, but failed to include a specific statement required by, Rule 9(j); whether the trial court erred in not allowing plaintiff to amend the complaint under Rules 15(a) and (c) to correct the technical pleading defect after the statute of limitations had run.

, Court of Appeals , COA17-1189 (Judge Richard Dietz) , Published
Berens v. Berens

Equitable Distribution; 529 Savings Plan as Marital Property; No Court-Created Exceptions to Marital Property Definition

, Court of Appeals , COA17-1352 (Judge Rick Elmore) , Published
Burgess v. Smith

Subject-matter jurisdiction; challenge to superior court's subject-matter jurisdiction after entry of default judgment based on exclusivity provision of our Workers' Compensation Act, N.C. Gen. Stat. 97-10.1; superior court's refusal to resolve subject-matter jurisdiction challenge based on defenses of equitable estoppel and laches