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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16,007 Appellate Court Opinions

, Supreme Court , 110A17 (Per Curiam) , Published
Harris v. N.C. Dep't of Pub. Safety

Whether the Department of Public Safety had just cause to terminate a corrections officer from employment for allegedly unacceptable conduct; application of Chapters 126 and 150B to the employee's appeal from an administrative law judge's final decision reversing the termination and imposing a lesser sanction.

, Supreme Court , 420A16 (Per Curiam) , Published
In re G.T.

Whether N.C.G.S. 7B-901(c) allows a trial court to make an initial finding of aggravated circumstances in the same disposition order that directs cessation of reunification efforts, or whether such a finding must be made in a separate, previous order.

, Supreme Court , 443PA16 (Per Curiam) , Published
State v. Godbey

Appeal from conviction for indecent liberties with a child; whether testimony by defendant's wife should have been excluded under the marital communications privilege and Rule of Evidence 404(b); application of N.C.G.S. 8-57, 8-57.1, and 7B-310.

, Supreme Court , 466A16 (Per Curiam) , Published
State v. Wilson

Motion to suppress evidence; whether the trial court properly determined that defendant was not seized and that his Fourth Amendment rights thus were not implicated.

, Supreme Court , 150A17 (Per Curiam) , Published
Wheeler v. Cent. Carolina Scholastic Sports, Inc.

Negligence suit by spectator hit by a baseball while at defendant's ball field; whether defendant met its duty of care to plaintiff under 'The Baseball Rule'; whether trial court erred in granting summary judgment for defendant in lieu of letting the matter go before a jury.

, Court of Appeals , COA17-499 (Judge Hunter Murphy) , Published
In re: R.S.M.

subject matter jurisdiction; clerical error

, Court of Appeals , COA17-79 (Judge Linda McGee) , Published
Lasecki v. Lasecki

Unincorporated Separated Agreement; Child Support; Alimony; Changed Circumstances; Employment; Motion to Reopen the Evidence; Specific Performance; Contract

, Court of Appeals , COA17-461 (Judge John Tyson) , Published
Little River, LLC v. Lee Cty.

special use permit; prima facie showing; standing; de novo and whole record review; sufficiency of the evidence.

, Court of Appeals , COA17-447 (Judge John Tyson) , Published
McVicker v. Bogue Sound Yacht Club, Inc.

Planned Community Act (PCA) NCGS 47F-1-101 et seq.; posting a bond; restrictive covenants; power to fine under the PCA; mootness; summary judgment; Homeowners' Associations.

, Court of Appeals , COA17-342 (Judge Mark Davis) , Published
Mkt. Am., Inc. v. Lee

Voluntary dismissal; bad faith; interlocutory appeal; covenant not to compete

, Court of Appeals , COA17-233 (Judge Linda McGee) , Published
Proffitt v. Gosnell

Summary Judgment - Contributory Negligence and Last Clear Chance

, Court of Appeals , COA16-1034 (Judge Lucy Inman) , Published
Ring v. Moore Cty.

Standing for an adjacent landowner's challenge to a rezoning ordinance

, Court of Appeals , COA17-97 (Judge Linda McGee) , Published
State v. Barker

Rule 702; Admissibility of HGN test results; Daubert Standard

, Court of Appeals , COA17-692 (Judge John Tyson) , Published
State v. Fuller

4th Amendment; warrantless search of defendant's person; search incident to arrest; motion to suppress; plain error review; new argument on appeal not considered by trial court.

, Court of Appeals , COA17-408 (Judge Wanda Bryant) , Published
State v. Malloy

Hit and Run Resulting in Death; Hit and Run Resulting in Injury; Lesser Included Offense

, Court of Appeals , COA16-1075 (Judge Donna Stroud) , Published
State v. Pena

Sixth Amendment right of counsel, clear and unequivocal waiver required, knowing and voluntary waiver of right to counsel, misconduct