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.

1,957 Appellate Court Opinions

, 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.

, Supreme Court , 65PA18 (Per Curiam) , Published
State v. Phachoumphone

Whether the State presented sufficient evidence to survive defendant's motions to dismiss the charges for which he was convicted; whether the trial court committed prejudicial error in allowing the alleged child victim to testify remotely or in not intervening ex mero motu in certain closing arguments by the prosecutor.

, Supreme Court , 427PA17 (Justice Michael Morgan) , Published
State v. Tart

Appeal from convictions for attempted murder and assault with a deadly weapon with intent to kill inflicting serious injury; whether the short-form indictment charging attempted murder was fatally defective; whether the trial court erred in not intervening ex mero motu in the State's closing arguments.

, Supreme Court , 7PA17-2 (Justice Robin Hudson) , Published
In re J.A.M.

Appeal from a decision of the Court of Appeals that, on remand from this Court, affirmed a trial court's adjudication of neglect of a minor child; whether clear and convincing evidence supported the findings of fact on which the order was based.

, Supreme Court , 144A18 (Justice Robin Hudson) , Published
Pachas v. N.C. Dep't of Health & Human Servs.

Action seeking trial court's enforcement of its previous order requiring DHHS to use the federal poverty level for a family when determining petitioner's income eligibility for Medicaid benefits; whether the trial court properly dismissed the action for lack of jurisdiction because petitioner did not exhaust her administrative remedies before taking the issue directly to court.