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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34,637 Appellate Court Opinions

, Court of Appeals , COA20-885 (Judge Lucy Inman) , Published
State v. Carter

reasonableness of lifetime satellite-based monitoring; recidivist; sex offenses with a child under thirteen; Defendant's Fourth Amendment privacy interests balanced against State's interests and declared efficacy of SBM; totality of circumstances; amendments to SBM laws; Session Law 2021-138, sec. 18(i) and S.L. 2021-182, sec. 2(e) (collectively to be codified at N.C. Gen. Stat. § 14-208.46).

, Court of Appeals , COA20-665 (Judge April Wood) , Published
State v. Hicks

Aggressor doctrine; self-defense; plain error; jury instructions; exhibits.

, Court of Appeals , COA21-687 (Judge Allegra Collins) , Published
State v. Ingram

Sufficient evidence of driving while intoxicated, N.C. Gen. Stat. 20-138.1(a)

, Court of Appeals , COA16-631 (Judge Lucy Inman) , Published
State v. Williamson

motion to dismiss second-degree murder charge; knowingly driving while impaired, when combined with evidence of reckless driving or behavior, may constitute malice; motion for appropriate relief; recanted testimony; privilege against self-incrimination; U.S. Const. Fifth and Sixth Amendments; testimony subject of direct examination as opposed to collateral matters; the trial court may strike testimony in whole or in part or compel witness to testify

, Court of Appeals , COA21-274 (Judge Allegra Collins) , Published
Turner v. Oakley

Jurisdiction to modify child custody order; challenged finding of fact supported by substantial evidence; trial court assessed whether a substantial change in circumstances affected the child's welfare and whether modification of custody was in the child's best interests; no abuse of discretion in modification of custody.

, Court of Appeals , COA21-362 (Judge Lucy Inman) , Unpublished
W. 4th, LLC v. Brown

Breach of Contract; Summary Judgment; Sale of Real Property

, Court of Appeals , COA21-269 (Judge John Tyson) , Published
Barrington v. Dyer

Will contest; Rule 12(b0(6); res judicata; gatekeeping order factors; attorney's fees factors; award of attorney fees on appeal.

, Court of Appeals , COA20-827 (Judge Allegra Collins) , Published
Brady v. Brady

alimony award; amount and duration of alimony; findings supported duration of alimony awarded; findings did not support conclusion of Defendant's ability to pay the amount of alimony awarded; N.C. Gen. Stat. 50-16.3A; equitable distribution; distributive award

, Court of Appeals , COA21-98 (Judge Chris Dillon) , Published
Bryan v. Kittinger

Chicken, hens, poultry, household pet, restrictive covenant, amended, Planned Community Act, encumbrance, spouse, written agreement, affirmative vote, duly-called meeting, Rule 59 motion, Rule 60 motion.

, Court of Appeals , COA21-478 (Judge Jefferson Griffin) , Unpublished
Carpenter v. Bank of Am. Corp.

Rule 60(b); mistake, inadvertence, surprise, or excusable neglect; newly discovered evidence; fraud; other reasons justifying relief.

, Court of Appeals , COA21-291 (Judge Darren Jackson) , Unpublished
Carroll at Bellemeade, LLC v. Kabuto, Inc.

trial court did not abuse its discretion in denying motion to set aside judgment of summary ejectment where tenant was served by posting and failed to appear at trial

, Court of Appeals , COA21-219 (Judge Allegra Collins) , Published
Cauley v. Bean

Negligent infliction of emotional distress; NIED; Rule 12(b)(6) motion to dismiss; notice pleading; reasonable foreseeability; severe emotional distress.

, Court of Appeals , COA21-329 (Judge Tobias Hampson) , Published
Daedalus, LLC v. City of Charlotte

Local Government; Statutory Authority; Ultra Vires; Interlocutory Appeal; Rule 54(b); Substantial Right; Writ of Certiorari

, Court of Appeals , COA21-346 (Judge Fred Gore) , Published
Foxx v. Foxx

Subsequent appeal, modification of equitable distribution, and findings of fact

, Court of Appeals , COA21-407 (Judge Jeff Carpenter) , Unpublished
Greene v. Lane

interlocutory order; substantial right; attorney disqualification; North Carolina Rules of Professional Conduct; conflict of interest