Appellate Court Opinions

Court’s decision in a case and explanation written by a justice(s) or judge(s) of the Supreme Court, or Court of Appeals.

1,963 Appellate Court Opinions

, Supreme Court , 299A18 (Per Curiam) , Published
State v. Alvarez

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

, Supreme Court , 290A18 (Justice Michael Morgan) , Published
State v. Harvey

Appeal from conviction for second-degree murder; whether the evidence, although conflicting, was sufficient to satisfy defendant's burden to submit the issue of self-defense to the jury; whether the trial court erred in not submitting the instruction.

, Supreme Court , 248A18 (Justice Paul Newby) , Published
Sykes v. Blue Cross & Blue Shield of N.C.

Appeal from order and opinion of N.C. Business Court dismissing plaintiffs' complaint for antitrust and related violations because of plaintiffs' failure to properly plead that defendants have market power within the relevant market.

, Supreme Court , 251PA18 (Justice Robin Hudson) , Published
Sykes v. Health Network Sols., Inc.

Appeal from orders and opinions of N.C. Business Court dismissing plaintiffs' complaint for antitrust and related violations because of plaintiffs' failure to properly plead that defendants have market power within the relevant market.

, Supreme Court , 244A18 (Per Curiam) , Published
Town of Nags Head v. Richardson

Dispute between a municipality and property owners over the Town's taking of a temporary easement in privately owned oceanfront property for a beach nourishment project; amount of compensation due the property owners; expert testimony on value of the interest taken; whether sufficient evidence supported the jury's determination of the amount to be awarded the property owners.

, Supreme Court , 125PA18 (Justice Robin Hudson) , Published
In re E.D.

Appeal from a decision of the Court of Appeals vacating an order authorizing respondent's continued involuntary commitment for failure to comply with N.C.G.S. 122C-266; whether the issue on appeal was automatically preserved and if so, whether respondent was required to show prejudice before the order could be vacated.

, Supreme Court , 419A18 (Per Curiam) , Published
In re Smith

Review of recommendation for public reprimand

, Supreme Court , 181A16 (Justice Sam Ervin IV) , Published
Piazza v. Kirkbride

Civil liability of director of bankrupt company under N.C.G.S. 78A-56(a)(2); whether the Director Safe Harbor provision of N.C.G.S. 55-8-30 provides a defense; whether the director found liable should receive a new trial because the trial court entered judgment on inconsistent jury verdicts.

, Supreme Court , 124A18 (Justice Paul Newby) , Published
State v. Bursell

Whether defendant preserved his constitutional challenge based on Grady v. North Carolina to the imposition of lifetime satellite-based monitoring after he pleaded guilty to statutory rape and indecent liberties; whether the Court of Appeals erred in invoking Appellate Rule 2 to consider defendant's argument on appeal if this issue was not properly preserved.

, Supreme Court , 164A18 (Per Curiam) , Published
State v. Daniel

Appeal from trial court's order allowing defendant's motion to suppress evidence found after a traffic stop; whether the trooper who detained defendant for speeding and then arrested him for DWI had probable cause to arrest defendant for DWI.

, Supreme Court , 405PA17 (Justice Anita Earls) , Published
State v. J.C.

Whether the Court of Appeals erred in dismissing the
State's appeal from a trial court's order expunging records of petitioner-defendant's conviction for one count of indecent liberties.

, Supreme Court , 143PA18 (Justice Sam Ervin IV) , Published
State v. Lofton

Whether an indictment charging defendant with manufacturing marijuana in violation of N.C.G.S. 90-95(a)(1) was fatally defective because it did not allege an 'intent to distribute.'

, Supreme Court , 526A13-2 (Per Curiam) , Published
State v. Mills

Appeal from Court of Appeals decision reversing lower court's denial of defendant's motion for appropriate relief following his conviction for sexual offenses against a minor; whether the court erred in admitting testimony at trial under Evidence Rule 404(b) regarding defendant's alleged prior sexual misconduct; whether defendant's appellate counsel provided ineffective assistance by failing to argue plain error in admission of that evidence, thus causing the COA to dismiss defendant's direct appeal from his convictions.

, Supreme Court , 90PA18 (Justice Sam Ervin IV) , Published
State v. Mumma

Appeal from conviction for second-degree murder; whether the trial court committed prejudicial error by sending numerous pictures of the decedent's body into the jury room; plain error review of the trial court's jury instructions concerning the aggressor doctrine in relation to defendant's claim of self-defense.

, Supreme Court , 396PA17 (Justice Cheri Beasley) , Published
State v. White

Appeal from conviction for child sex offense; whether the superseding short-form indictment charging defendant was facially defective because it did not refer to the alleged victim by name.

, Supreme Court , 300A18 (Per Curiam) , Published
Wells Fargo Ins. Servs. USA v. Link

Appeal from order and opinion of N.C. Business Court granting in part and denying in part motion to dismiss plaintiff's claims for breach of contract, misappropriation of trade secrets, tortious interference with contractual relations, and unfair and deceptive trade practices.

, Supreme Court , 404A18 (Per Curiam) , Published
County of Durham ex rel. Wilson v. Burnette

Show cause hearing on whether to hold defendant in civil contempt for willful failure to pay current and past child support obligations; whether the district court's findings of fact supported its conclusion that defendant should be held in contempt; whether the findings were sufficient to show that defendant had the present ability to financially satisfy the conditions required to purge the contempt.