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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2,610 Appellate Court Opinions

, Supreme Court , 155PA20 (Justice Michael Morgan) , Published
State v. Graham

Whether the Georgia statutory rape statute under which defendant was previously convicted was substantially similar to North Carolina's statutory rape statute such that defendant's prior Georgia conviction could count as a higher penalty class for purposes of determining defendant's prior record level for sentencing.

, Supreme Court , 149PA20 (Justice Tamara Barringer) , Published
State v. Leaks

Whether the trial court committed harmless error when it declined to give defendant's requested self-defense instruction.

, Supreme Court , 334PA19-2 (Justice Michael Morgan) , Published
State v. Strudwick

Whether the trial court's order requiring defendant to submit to lifetime satellite-based monitoring once released from prison is constitutional when the determination as to whether the search effected by satellite-based monitoring is reasonable occurs decades before the search would likely take place.

, Supreme Court , 408A20 (Per Curiam) , Published
State v. Wright

Appeal based on a dissent seeking review of the trial court's denial of defendant's motion to dismiss.

, Supreme Court , 2A21 (Per Curiam) , Published
Ward v. Halprin

Whether the Court of Appeals erred in affirming the trial court's award of final decision-making authority to defendant; whether the Court of Appeals erred in affirming the trial court's award of attorney's fees to defendant.

, Supreme Court , 411A20 (Justice Michael Morgan) , Published
In re B.J.H.

Termination of parental rights; adjudication under N.C.G.S. 7B-1111(a)(2); evaluating parent's progress at the time of the adjudicatory hearing rather than subsequent dispositional hearing; parent's refusal to sign DSS case plan; lack of court order requiring parent's compliance with case plan.

, Supreme Court , 19A21 (Justice Phil Berger Jr.) , Published
In re D.C.

Appeal from order terminating respondents' parental rights; termination of respondents' parental rights pursuant to N.C.G.S. 7B-1111(a)(3); failure to pay for the cost of care for the juvenile; whether the trial court conducted the adjudicatory hearing under a fundamental misapprehension of the law.

, Supreme Court , 528A20 (Justice Tamara Barringer) , Published
In re D.J.

Termination of parental rights; whether the trial court erred by denying respondent's motion to continue; whether the trial court complied with the requirements of the Indian Child Welfare Act.

, Supreme Court , 382A20 (Justice Sam Ervin IV) , Published
In re D.T.H.

Termination of parental rights based upon neglect by abandonment pursuant to N.C.G.S. 7B-1111(a)(1), dependency pursuant to N.C.G.S. 7B-1111(a)(6), and abandonment pursuant to N.C.G.S. 7B-1111(a)(7).

, Supreme Court , 39A21 (Per Curiam) , Published
In re J.D.D.J.C.

No-merit appeal pursuant to Rule 3.1(e) of the North Carolina Rules of Appellate Procedure from an order terminating parental rights pursuant to N.C.G.S. 7B-1111(a)(1), (2), (6), and (9).

, Supreme Court , 48A21 (Justice Robin Hudson) , Published
In re K.B.

Appeal from an order terminating respondents' parental rights; whether the evidence supports the trial court's findings of fact and whether the findings of fact supports its conclusion that respondent-mother's parental rights should be terminated pursuant to N.C.G.S. 7B-1111(a)(1) (2019); whether the trial court abused its discretion in concluding that it was in the children's best interests that respondent-father's parental rights be terminated.

, Supreme Court , 500A20 (Justice Phil Berger Jr.) , Published
In re K.J.E.

Termination of parental rights for willful abandonment pursuant to N.C.G.S. 7B-1111(a)(7); whether the trial court made sufficient findings of fact to support the conclusion that grounds existed to terminate parental rights.

, Supreme Court , 501A20 (Justice Anita Earls) , Published
In re L.H.

Termination of parental rights for neglect pursuant to N.C.G.S. 7B-1111(a)(1); whether the findings of fact were supported by evidence and supported a likelihood of repetition of neglect.

, Supreme Court , 83A21 (Justice Michael Morgan) , Published
In re M.R.F.

Termination of parental rights; trial court's failure to state the standard of proof used to make adjudicatory findings of fact; insufficient evidence to support adjudication.

, Supreme Court , 37A21 (Justice Michael Morgan) , Published
In re M.R.J.

Termination of parental rights; subject matter jurisdiction; standing; whether petitioner had custody of the juvenile by order of a court of competent jurisdiction; determination of juvenile's best interests; whether the trial court acted under a misapprehension of law regarding the effect of respondent-mother's specific relinquishment of her parental rights.

, Supreme Court , 364A20 (Justice Paul Newby) , Published
In re M.Y.P.

Appeal from order terminating respondent's parental rights; termination of respondent's parental rights pursuant to N.C.G.S. 7B-1111(a)(1); whether the trial court erred by excluding respondent's testimony at disposition; whether the trial court erred in the dispositional phase by failing to state the applicable standard of review.

, Supreme Court , 5A21 (Justice Tamara Barringer) , Published
In re T.M.B.

Termination of parental rights pursuant to N.C.G.S. 7B-1111(a)(9) on the grounds that respondent had parental rights to a child previously terminated and lacked the willingness or ability to establish a safe home.

, Supreme Court , 292A20 (Justice Paul Newby) , Published
State v. Hilton

Whether a search effected by the imposition of lifetime satellite-based monitoring upon a defendant convicted of an aggravated offense pursuant to Section 14-208.6(1a) of the North Carolina General Statutes is reasonable under the Fourth Amendment; whether the imposition of satellite-based monitoring constitutes a general warrant in violation of the North Carolina Constitution.

, Supreme Court , 233A20 (Justice Paul Newby) , Published
State v. Ricks

Whether the Court of Appeals erred by allowing defendant's petition for writ of certiorari and invoking Rule 2 of the North Carolina Rules of Appellate Procedure to hear defendant's unpreserved challenge to the trial court's orders imposing lifetime satellite-based monitoring.