Opinions

Court’s decision in a case and explanation written by a justice(s) or judge(s) of the Supreme Court, Court of Appeals, or Business Court.

1,887 Opinions

, Supreme Court , 146PA17 , Published
Brackett v. Thomas

Civil revocation of driver's license under N.C.G.S. § 20-16.2 for alleged DWI; whether the person charged 'willfully refused' to submit to a breathalyzer test in violation of subdivision 20-16.2(d)(5).

, Supreme Court , 363PA17 , Published
In re J.M. and J.M.

Appeal by father from adjudication, dispositional, and permanency planning order relieving DSS from further efforts to reunify him with his minor children; whether, at the hearing on the matter, the trial court erred in admitting hearsay statements made by the children's mother under Rules of Evidence 801(d) and 803(4).

, Supreme Court , 307PA15-2 , Published
Kaestner 1992 Family Tr. v. N.C. Dep't of Revenue

Appeal from Court of Appeals decision affirming the N.C. Business Court's grant of summary judgment for plaintiff, an out-of-state trust, in a civil action seeking refund of taxes paid on income earned by the trust but not distributed to a North Carolina resident; whether N.C.G.S. § 105-160.2, under which the tax was assessed, as applied here violates due process under the North Carolina and United States Constitutions.

, Supreme Court , 110PA16-2 , Published
N.C. State Bd. of Educ. v. State

Whether the statutory requirement that all administrative rules proposed by the State Board of Education first be reviewed and approved by the N.C. Rules Review Commission violates the separation of powers; construction of the Board's powers under Article IX, Section 5 of the N.C. Constitution in relation to N.C.G.S. Chapter 150B, the Administrative Procedure Act.

, Supreme Court , 333PA17 , Published
N.C. State Bd. of Educ. v. State

Whether Article IX of the N.C. Constitution prohibits the General Assembly from transferring certain powers and duties of the State Board of Education to the State Superintendent of Public Instruction.

, Supreme Court , 222A17 , Published
State v. Clonts

Appeal from conviction for assault with a deadly weapon with intent to kill inflicting serious injury; whether, by admitting deposition testimony by an essential witness in lieu of her live testimony at trial, the trial court violated Rule of Evidence 804 and defendant's constitutional Confrontation Clause rights; whether the Court of Appeals erred in granting defendant a new trial.

, Supreme Court , 402PA15-2 , Published
State v. Ledbetter

Appeal from decision of the Court of Appeals denying defendant's petition for writ of certiorari to review a trial court's order denying her motion to dismiss and dismissing her appeal from a judgment entered upon her guilty plea.

, Supreme Court , 446A13 , Published
State v. McNeill

First-degree murder (capital/death).

, Supreme Court , 2PA17 , Published
State v. Miller

Appeal from defendant's conviction for felony possession of cocaine; whether the Court of Appeals erred by applying plain error review to defendant's Fourth Amendment claims; whether the arresting officer unnecessarily extended the initial stop in violation of the Supreme Court of the United States' decision in Rodriguez v. United States and whether defendant's consent to the search of his person was invalid.

, Supreme Court , 217PA17 , Published
State v. Miller

Appeal from conviction for first-degree murder (non-capital); whether the trial court violated defendant's rights under the Confrontation Clause by allowing a police officer to testify about the deceased victim's statements to him regarding a previous incident of domestic violence involving the victim and defendant.

, Supreme Court , 319A17 , Published
State v. Nicholson

Motion to suppress evidence obtained as a result of defendant's questioning by a police officer; whether the officer who detained defendant for questioning had reasonable suspicion that criminal activity was afoot; whether the trial court erred in denying defendant's motion to suppress.

, Supreme Court , 302A14 , Published
State v. Rodriguez

First-degree murder (capital/death).

, Supreme Court , 395A17 , Published
Walker v. Driven Holdings, LLC

Appeal from final judgment of N.C. Business Court dismissing pursuant to Rule 12(b)(6) plaintiffs' complaints seeking damages and a declaratory judgment based on defendant's alleged breach of certain shareholder repurchase agreements.

, Supreme Court , 365A15-2 , Published
Atl. Coast Props., Inc. v. Saunders

Petition by purchaser of undivided one-half interest in land to partition the property; whether petitioner, an out-of-state corporation, met statutory and procedural requirements to file the petition.

, Supreme Court , 27A17 , Published
Head v. Gould Killian CPA Grp.

Action against CPAs for professional negligence and fraudulent concealment based on plaintiff's tax returns not having been filed; application of the statute of repose in malpractice cases.

, Supreme Court , 145PA17 , Published
In re A.P.

Appeal from adjudication and disposition order entered in a proceeding under the Juvenile Code; whether the trial court lacked subject matter jurisdiction over the case because the DSS agency that filed the juvenile petition initiating the action lacked standing in the matter.

, Supreme Court , 297PA16 , Published
In re Adoption of C.H.M.

Biological father; consent for adoption; financial support required under N.C.G.S. 48-3-601.

, Supreme Court , 30A18 , Published
In re Henderson

Review of recommendation for public reprimand.