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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14,186 Appellate Court Opinions

, Court of Appeals , COA19-973 (Judge Donna Stroud) , Published
Brown v. Patel

res judicata, small claims action, final judgment

, Court of Appeals , COA20-675 (Judge Donna Stroud) , Published
In re: B.R.W. & B.G.W.

Preservation, Acting in a manner inconsistent with constitutionally protected status, best interest of the child standard

, Court of Appeals , COA20-520 (Judge Tobias Hampson) , Published
In re: C.D.G.

Involuntary Commitment; Certiorari; Due Process; Findings of Fact

, Court of Appeals , COA21-4 (Judge April Wood) , Published
In re: N.Z.B.

Dependency; permanency planning; constitutionally protected status; parental status; clear and convincing evidence; subject matter jurisdiction

, Court of Appeals , COA20-551 (Judge Tobias Hampson) , Published
In re: Q.J., Jr.

Involuntary Commitment; Certiorari; Due Process; Findings of Fact

, Court of Appeals , COA20-406 (Judge Allegra Collins) , Published
Powell v. Cartret

Error to subject records under N.C. Gen. Stat. 58-10-430 to subpoena; no error to subject records under N.C. Gen. Stat. 58-30-62 to subpoena.

, Court of Appeals , COA20-238 (Judge Tobias Hampson) , Published
State v. Chambers

Sufficiency of the Evidence; First-Degree Murder in the Perpetration of a Felony; Felony Child Abuse

, Court of Appeals , COA20-139 (Judge Donna Stroud) , Published
State v. Chavis

robbery with a dangerous weapon, dangerous weapon, and contempt

, Court of Appeals , COA20-215 (Judge Valerie Zachary) , Published
State v. Elder

motion to dismiss; elements of first-degree rape, first-degree kidnapping, and common-law robbery; expert witness qualifications; admissibility of medical records; admission of medical records; admission of hearsay statements; sentencing for first-degree rape and first-degree kidnapping; attorney's fees - notice and opportunity to be heard

, Court of Appeals , COA20-396 (Judge John Tyson) , Published
State v. Gaddis

DWI/DWLR, mistrial, request for transcript, motion for continuance, delay in request, prejudice, prior counsel's testimony.

, Court of Appeals , COA20-24 (Judge Hunter Murphy) , Published
State v. Hemingway

Probation revocation hearing; confrontation; Justice Reinvestment Act; good cause.

, Court of Appeals , COA20-581 (Judge Jefferson Griffin) , Published
State v. Huckabee

Jury instructions; lesser-included offenses; assault with a deadly weapon; serious injury; attorney's fees.

, Court of Appeals , COA20-336 (Judge Darren Jackson) , Published
State v. Oglesby

scope of resentencing on remand after sentence of mandatory life without parole (LWOP) for a juvenile is vacated in light of Miller v. Alabama; trial court did not err in failing to disturb unrelated consecutive sentences for armed robbery on remand from vacated LWOP sentence for felony murder; argument regarding propriety of consecutive sentences for unrelated convictions aggregated with vacated LWOP sentence for felony murder was waived where counsel conceded unrelated convictions were not before the court at resentencing; ineffective assistance of counsel claim regarding consecutive sentences for felony murder and kidnapping failed because the defendant could not demonstrate make required showing of prejudice; court declined to address and dismissed without prejudice ineffective assistance of counsel claim regarding Miller's prohibition against disproportionate punishment for juvenile offenders under the Eighth Amendment by imposing LWOP because of conflicting opinions regarding the constitutionality of de facto LWOP sentences for juveniles and pendency of appeal before North Carolina Supreme Court that will resolve this issue

, Court of Appeals , COA20-688 (Judge Darren Jackson) , Published
State v. Scott

amendment of indictment was permissible because indictment was facially valid and amendment did not add any previously omitted essential element of the offense charged, resulting in a substantial alteration; proof of sexual activity by a substitute parent or custodian does not require that person who assumed position of a parent reside in the home with the minor victim; consistent distinction between predicate acts for two counts of sexual activity by a substitute parent in jury instructions and verdict sheets demonstrated that jury verdicts were unanimous, though distinguishing between the predicate acts in the verdict sheets was not required; indictment charging multiple counts of a single crime based on distinct predicate acts was not multiplicious; distinct sexual acts occurring during the same sexual encounter can provide the basis for multiple charges of sexual activity by a substitute parent or custodian; trial court did not abuse its discretion by imposing consecutive rather than concurrent sentences

, Court of Appeals , COA20-472 (Judge Fred Gore) , Published
Wynn v. Frederick

Sovereign immunity, judicial immunity, and interlocutory appeal

, Court of Appeals , COA20-655 (Judge Allegra Collins) , Published
Anton v. Anton

summary judgment, claim of undue influence over settlor of trust, abandonment of issues on appeal

, Court of Appeals , COA20-497 (Judge Allegra Collins) , Published
Barrow v. Sargent

denial of request for special jury instruction proper; jury instructions concerning motor vehicle negligence; no abuse of discretion where trial court required admission of additional deposition excerpts pursuant to N.C. Gen. Stat. § 1A-1, Rule 32(a)(5).

, Court of Appeals , COA20-924 (Judge Fred Gore) , Published
Henderson v. Wittig

Modification of child custody, circumstances existing at the time of initial custody order, substantial change of circumstances, effect on the minor child, and findings of fact.