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

, Supreme Court , 139A18 (Justice Sam Ervin IV) , Published
SciGrip, Inc. v. Osae

Whether the trial court erred in applying the lex loci test, rather than the most significant relationship test, in determining whether summary judgment should have been granted with respect to plaintiffs' misappropriation of trade secrets claim; whether the trial court erred in ruling on motions for summary judgment and to exclude expert testimony.

, Supreme Court , 288PA18 (Justice Robin Hudson) , Published
State v. Alonzo

Whether (1) the trial court erred by not defining 'sexual act' in the context of an offense under N.C.G.S. 14-318.4(a2)--setting out the crime for felony child abuse by sexual act--according to the definition set out in N.C.G.S. 14-27.1(4) (recodified as N.C.G.S. 14-27.20(4)); and (2) such error amounted to plain error.

, Supreme Court , 293A19 (Justice Sam Ervin IV) , Published
State v. Carey

Possession of weapon of mass death and destruction; Motion to Dismiss; Whether a flash bang grenade constitutes a weapon of mass death and destruction pursuant to N.C.G.S. 14-288.8(c)(1); Whether the State presented sufficient evidence to withstand a motion to dismiss the charge of possession of a weapon of mass death and destruction.

, Supreme Court , 196A19 (Per Curiam) , Published
State v. Carver

Appeal from a decision of the Court of Appeals reversing the trial court's order denying defendant's motion to suppress evidence after determining that the officer lacked reasonable suspicion to stop defendant's vehicle based on an anonymous tip.

, Supreme Court , 239A18 (Justice Paul Newby) , Published
State v. Hoyle

Whether the Court of Appeals erred by concluding that the element of the felony indecent exposure statute requiring that the exposure be 'in the presence of' another requires that the victim could have seen the exposure had he or she looked; whether the evidence was sufficient for a jury to find that defendant's exposure was 'in the presence of' the child.

, Supreme Court , 257PA18 (Justice Robin Hudson) , Published
State v. Mercer

Whether the trial court committed prejudicial error when it failed to instruct the jury on the defense of justification for the charge of felon in possession of a firearm.

, Supreme Court , 34PA14-2 (Justice Mark Davis) , Published
State v. Nobles

Appeal from a decision of the Court of Appeals holding that defendant did not qualify as an 'Indian' within the definition of the Indian Major Crimes Act.

, Supreme Court , 365A16-2 (Justice Michael Morgan) , Published
State v. Reed

Appeal from a decision of the Court of Appeals that, on remand from this Court, reversed a trial court's denial of defendant's motion to suppress evidence found during a traffic stop; whether the law enforcement officer unreasonably extended the traffic stop without reasonable suspicion of criminal activity in violation of the Supreme Court of the United States' decision in Rodriguez v. United States.

, Supreme Court , 82A14-2 (Per Curiam) , Published
State v. Seam

Whether the trial court's imposition of a sentence of life with the possibility of parole entered pursuant to N.C.G.S. 15A-1340.19B(a)(1) upon defendant's conviction of first-degree murder violated the Eighth Amendment of the United States or North Carolina constitutions.

, Supreme Court , 188A19 (Justice Anita Earls) , Published
State v. Simpkins

Appeal from convictions for failure to exhibit or surrender a driver's license and resisting, delaying, or obstructing a public officer; whether the Court of Appeals majority erred in holding that defendant did not forfeit his right to counsel and therefore must receive a new trial.

, Supreme Court , 160A19 (Per Curiam) , Published
Vizant Techs., LLC v. YRC Worldwide, Inc.

Appeal from an order and opinion of the Business Court allowing in part defendant's cross motion for summary judgment; whether the Business Court erred in granting summary judgment for defendant on the issue of whether plaintiff could recover damages given the payment terms of a contract between the parties.

, Court of Appeals , COA19-762 (Judge Tobias Hampson) , Published
Holmes v. Moore

Voter ID; Preliminary Injunction

, Court of Appeals , COA19-710 (Judge Allegra Collins) , Published
Mace v. NC Dep't of Ins.

prayer for judgment continued; conviction under N.C.G.S. 58-2-69; adjudication of guilt

, Court of Appeals , COA19-234 (Judge John Arrowood) , Unpublished
McMaster v. McMaster

child custody; lack of standing; NCGS ? 50-13.1(a); conduct inconsistent with protected parental status

, Court of Appeals , COA19-646 (Judge John Tyson) , Published
Poindexter v. Everhart

Military pension division; subject matter jurisdiction; personal jurisdiction; breach of separation agreement; equitable remedy; specific performance; 10 USC 1408; NCGS 7A-244; unincorporated agreement; forum selection clause.

, Court of Appeals , COA19-491 (Judge John Arrowood) , Unpublished
Rezvani v. Carnes

violations of NCRAP jurisdictional rules, requiring dismissal; NCRAP 9, 25, 34