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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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16,374 Appellate Court Opinions

, Supreme Court , 102A20-3 (Justice Paul Newby) , Published

Taylor v. Bank of America, N.A.

Whether plaintiffs knew or reasonably should have known of their injuries and defendant's alleged fraud such that the statute of limitations was not tolled and plaintiffs' claims are time barred.

, Supreme Court , 28A23 (Justice Tamara Barringer) , Published

Terry v. Pub. Serv. Co. of N.C.

Whether the Court of Appeals erred by reversing an entry of summary judgment in favor of defendant on plaintiff's claims of common law negligence, negligence per se, violation of the North Carolina Residential Rental Agreements Act, and breach of the implied warranty of habitability.

, Supreme Court , 176PA22 (Justice Trey Allen) , Published

Upchurch v. Harp Builders, Inc.

Whether the Court of Appeals erred in holding that defendant's compulsory counterclaim for injuries sustained in an automobile accident was barred by the statute of limitations established in N.C.G.S. 1-52(16).

, Supreme Court , 148PA14-2 (Justice Richard Dietz) , Published

Washington v. Cline

Whether a plaintiff may pursue a direct constitutional claim under the North Carolina Constitution against state actors for monetary damages in response to a violation of his right to a speedy trial.

, Court of Appeals , COA22-699 (Judge Michael Stading) , Published

Costanzo v. Currituck Cnty.

ultra vires; occupancy taxes; judgment; discretion; summary judgment; general public services; statutory construction; legislative intent; plain meaning; declaratory judgment.

, Court of Appeals , COA23-672 (Judge Fred Gore) , Published

Fletcher Hosp. Inc. v. N.C. Dep't of Health & Hum. Servs.

summary judgment; certificate of need; N.C.G.S. § 131E-185(a1)(2); public hearing requirement; COVID-19 pandemic; public policy concerns; N.C.G.S. § 150B-23(a); contested case hearing; agency error; substantial prejudice; discrete requirements; no automatic prejudice

, Court of Appeals , COA22-494 (Judge Donna Stroud) , Published

Green v. Carter

child support, statutory interpretation, collateral estoppel, primary liability, secondary liability, in loco parentis

, Court of Appeals , COA23-655 (Judge John Tyson) , Published

In re: X.M., M.M., M.M., P.C.

Termination of Parental Rights;
N.C. Gen. Stat § 7B-1111(a)(2);
Substance Abuse;
Transcription Error;
Failure to Support;

, Court of Appeals , COA23-40 (Judge Tobias Hampson) , Published

Perryman v. Town of Summerfield

N.C.G.S. 1-521; taxpayer standing; N.C. R Civ P 12(b)(1); N.C. R Civ P 12(b)(6); quo warranto; collateral attack; res judicata; collateral estoppel.

, Court of Appeals , COA23-550 (Judge John Tyson) , Published

State v. Bivins

Possession of Methamphetamine;
Prior Record Level;
Obtaining Habitual Felon Status;
Plea Agreement;
State conceded sentencing error;

, Court of Appeals , COA23-727 (Judge John Arrowood) , Published

State v. Jackson

Motion to suppress; plain feel doctrine; pill bottles; probable cause; totality of the circumstances; inevitable discovery; material conflict in the evidence; inferred findings of fact.

, Court of Appeals , COA23-636 (Judge Tobias Hampson) , Published

State v. Jackson

felony murder; motion to dismiss; plain error; jury instructions; defense of necessity

, Court of Appeals , COA23-814 (Judge Allegra Collins) , Published

State v. McLawhon

statutory sexual offense with a child by an adult, sexual act by a substitute parent or custodian, indecent liberties with a child, plain error, testimony, pre-arrest silence, cross-examination

, Court of Appeals , COA23-729 (Judge Jefferson Griffin) , Published

State v. Shelton

Sexual exploitation of a minor; sufficiency of circumstantial evidence; sexual activity; lascivious depiction of pubic area; photographs not admitted at trial

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