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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35,004 Appellate Court Opinions

, Court of Appeals , COA20-590 (Judge Donna Stroud) , Published
Walter v. Walter

child custody, contempt order, contempt

, Court of Appeals , COA19-1054 (Judge Donna Stroud) , Published
Waly v. Alkamary

UCCJEA, motion to stay, domestic violence protective order, full faith and credit

, Supreme Court , 303A20 (Justice Anita Earls) , Published
Est. of Long v. Fowler

Whether State employees are entitled to sovereign immunity against claims of negligence, gross negligence, and wrongful death brought against them in their individual capacities, and whether complaint stated cause of action.

, Supreme Court , 311A20 (Justice Sam Ervin IV) , Published
In re Harris Teeter, LLC

Whether the Court of Appeals erred in affirming the Property Tax Commission's conclusion that the County met its shifted burden of proving that its tax appraisal methodologies produced true values for the taxpayer's business personal property.

, Supreme Court , 307PA20 (Justice Anita Earls) , Published
Mucha v. Wagner

Whether an out-of-state defendant's phone calls to the cell phone of a person he had no reason to know was physically present in North Carolina establish the minimum contacts sufficient to vest jurisdiction over defendant in North Carolina courts.

, 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