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.

1,934 Appellate Court Opinions

, Supreme Court , 409PA17 (Justice Mark Martin) , Published
Cooper v. Berger

Facial constitutional challenge to 2016 law making Cabinet appointees subject to the advice and consent of the North Carolina Senate.

, Supreme Court , 255A17 (Justice Robin Hudson) , Published
Justus v. Rosner

Medical malpractice action; whether the trial court erred in allowing plaintiff's Rule 59 motion to amend judgment, thus setting aside a jury verdict on damages; whether a new trial should be granted on the sole issue of damages; whether the trial court erred in directing a verdict against defendants on the issue of contributory negligence; trial court's award of costs against defendants for certain expert witness fees.

, Supreme Court , 338A17 (Justice Barbara Jackson) , Published
Silver v. Halifax Cty. Bd. of Comm'rs

Whether a local board of county commissioners may be held legally responsible for providing a sound basic education for students in the county; appeal from trial court's grant of defendant's Rule 12(b)(6) motion to dismiss.

, Supreme Court , 57PA17 (Justice Cheri Beasley) , Published
State v. Johnson

Whether the trial court erred in denying defendant's motion to suppress his confession; whether the Court of Appeals erred in holding that defendant's confession was involuntary and should have been suppressed; whether the error was prejudicial.

, Supreme Court , 23A18 (Justice Cheri Beasley) , Published
State v. Rankin

Whether subdivision (a)(1) of N.C.G.S. 14-399, which generally prohibits littering, is an essential element of, or creates an exception to, that offense; whether an indictment that did not refer to the language in subdivision (a)(1) was fatally defective.

, Supreme Court , 295PA17 (Justice Mark Martin) , Published
State v. Wilson

Whether the trial court erred in denying defendant's motion to suppress evidence of a handgun seized from him at the scene of an ongoing police search for narcotics; whether the trial court's findings of fact were sufficient to support its conclusion of law that a Terry frisk of defendant was justified under the circumstances.

, Supreme Court , 128A18 (Justice Sam Ervin IV) , Published
Azure Dolphin, LLC v. Barton

Appeal from final judgment of North Carolina Business Court granting defendants' motion to dismiss all claims under Civil Procedure Rule 12 and from interlocutory order denying plaintiffs' motion to file a second amended complaint.

, Supreme Court , 56PA17 (Justice Mark Martin) , Published
Corwin v. British Am. Tobacco PLC

Whether a minority stockholder of a North Carolina corporation owed fiduciary duties to its fellow stockholders.

, Supreme Court , 416A17 (Justice Sam Ervin IV) , Published
Hairston v. Harward

Motor vehicle wreck caused by underinsured driver; judgment for plaintiff against defendant tortfeasor; whether defendant can receive credit against the amount of the judgment owed by him for monies paid to plaintiff by plaintiff's UIM carrier.

, Supreme Court , 227PA17 (Justice Paul Newby) , Published
In re Will of Allen

Whether a holographic codicil later added to a page of a properly attested, typewritten will met statutory and case law requirements to be valid; whether the Court of Appeals erred in reversing the trial court's grant of summary judgment for the propounder and remanding for entry of summary judgment in favor of the caveators.

, Supreme Court , 318A17 (Justice Michael Morgan) , Published
Morrell v. Hardin Creek, Inc.

Action by tenants to recover damages based on landlord's alleged negligent renovation of the leased premises that resulted in severe damage to plaintiffs' equipment and business interests; whether the lease agreement contained an unambiguous waiver of all claims by either party based on the other party's negligence.

, Supreme Court , 335A17 (Justice Robin Hudson) , Published
Pine v. Wal-Mart Assocs.

Workers' Compensation Act; whether, after her employer admitted medical compensability for certain injuries via a Form 60, an employee met her burden to show causation for other medical conditions arising from the same accident but for which the employer did not admit liability; whether the Industrial Commission's erroneous application of the 'Parsons presumption' requires the award of benefits to be set aside and remanded to the Commission.

, Supreme Court , 173PA17 (Per Curiam) , Published
State v. Fowler

Appeal from defendant's conviction for driving while impaired; whether the trial court committed reversible error by instructing the jury on the basis of a legal theory lacking evidentiary support.

, Supreme Court , 142PA17 (Justice Sam Ervin IV) , Published
State v. Malachi

Appeal from defendant's convictions for possession of a firearm by a convicted felon and attaining habitual felon status; whether the trial court committed prejudicial error by instructing the jury concerning the doctrine of constructive possession.

, Supreme Court , 400PA17 (Justice Cheri Beasley) , Published
State v. Meadows

Appeal from convictions for trafficking in opium; claim of ineffective assistance of counsel; whether N.C. R. App. P. 10(a)(1) precludes appellate review of alleged sentencing errors to which defense counsel did not object at trial; whether defendant's sentences were an abuse of discretion and violate the Eighth Amendment.

, Supreme Court , 253PA17 (Justice Robin Hudson) , Published
State v. Melton

Appeal from convictions for attempted first-degree murder and solicitation to commit first-degree murder of the same victim; whether the trial court erred in (1) denying defendant's motion to dismiss the attempt charge for insufficient evidence and (2) not arresting judgment on the solicitation conviction on double jeopardy grounds.

, Supreme Court , 82A18 (Justice Paul Newby) , Published
Stokes v. Stokes

Appeal from trial court's discretionary ruling under N.C.G.S. 1-83(2) changing venue in a child custody action; whether the Court of Appeals erred in dismissing plaintiff-mother's interlocutory appeal from the trial court's order.