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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2,713 Appellate Court Opinions

, Supreme Court , 206PA16 (Justice Mark Martin) , Published
Dep't of Transp. v. Adams Outdoor Advert. of Charlotte Ltd. P'ship

Condemnation proceeding filed under Article 9 of Chapter 136 to take defendant's leasehold interest in property for highway improvement purposes; whether, because defendant had a nonconforming billboard on the property under a long-term lease, the value of the property interest taken from defendant should have been determined under N.C.G.S. 136-131, defining 'just compensation' for a condemnation proceeding under the Outdoor Advertising Control Act, rather than under Article 9, governing DOT condemnation actions in general; whether certain evidence is admissible to help the trier of fact determine the fair market value of the condemned leasehold.

, Supreme Court , 277A16 (Justice Sam Ervin IV) , Published
In re Estate of Skinner

Appeal from a Court of Appeals decision reversing a trial court order affirming an assistant clerk of court's order removing respondent as trustee of his incompetent wife's special needs trust and as guardian of her estate; whether the order affirmed by the trial court contained erroneous findings of fact and conclusions of law; whether the Court of Appeals majority gave appropriate deference to the clerk's discretionary decision to remove respondent.

, Supreme Court , 279PA16 (Justice Barbara Jackson) , Published
In re M.A.W.

Whether the trial court's findings of fact supported its conclusion of law that respondent father's parental rights should be terminated under N.C.G.S. 7B-1111(a)(1).

, Supreme Court , 372A16 (Per Curiam) , Published
State v. Crabtree

Whether the trial court committed plain error by admitting expert testimony vouching for the credibility of the victim-witness in a trial for first-degree sexual offense with a child under the age of thirteen, crime against nature, and indecent liberties with a child.

, Supreme Court , 273A16 (Per Curiam) , Published
State v. Goins

Appeal from trial court's denial of defendant's motion to suppress evidence found during a traffic stop; whether police officers had reasonable suspicion to stop the vehicle defendant was driving.

, Supreme Court , 389A15-2 (Justice Robin Hudson) , Published
State v. Hammonds

Direct review of trial court's new order on remand denying defendant's motion to suppress evidence; when defendant was questioned by police while he was involuntarily committed, whether he was 'in custody,' required to receive Miranda warnings, and told he was free to end the questioning.

, Supreme Court , 355PA15 (Justice Cheri Beasley) , Published
State v. Huey

Whether the trial court committed gross prejudicial error by not intervening ex mero motu in the prosecutor's closing argument implying that defendant's paid counsel and paid expert witness assisted defendant in committing perjury.

, Supreme Court , 233PA16 (Justice Sam Ervin IV) , Published
State v. Murrell

Whether an indictment intended to charge defendant with robbery with a dangerous weapon was fatally defective.

, Supreme Court , 392A16 (Justice Sam Ervin IV) , Published
Fid. Bank v. N.C. Dep't of Revenue

Appeals from 2013 and 2016 orders of the North Carolina Business Court interpreting pertinent provisions of the Internal Revenue Code and the North Carolina Revenue Act and denying a tax deduction for Market Discount Income to Fidelity Bank; whether the North Carolina Business Court erred by dismissing Fidelity Bank's 2015 petition for judicial review of an Amended Final Agency Decision.

, Supreme Court , 393PA16 (Justice Sam Ervin IV) , Published
Fid. Bank v. N.C. Dep't of Revenue

Appeals from 2013 and 2016 orders of the North Carolina Business Court interpreting pertinent provisions of the Internal Revenue Code and the North Carolina Revenue Act and denying a tax deduction for Market Discount Income to Fidelity Bank; whether the North Carolina Business Court erred by dismissing Fidelity Bank's 2015 petition for judicial review of an Amended Final Agency Decision.

, Supreme Court , 187PA16 (Justice Barbara Jackson) , Published
Kornegay Family Farms LLC v. Cross Creek Seed, Inc.

Interlocutory appeal from N.C. Business Court order denying partial summary judgment for defendant; application of N.C. Seed Law and Uniform Commercial Code to plaintiffs' complaints that defendant sold them mislabeled seed; whether defendant is allowed to limit plaintiffs' recovery of damages to the sale price of the seed or whether standard UCC remedies can apply.

, Supreme Court , 151PA16 (Justice Mark Martin) , Published
State v. Johnson

Motion to suppress evidence obtained from a warrantless traffic stop; whether the arresting officer had reasonable suspicion to stop defendant's vehicle.

, Supreme Court , 132A16 (Per Curiam) , Published
State v. Watts

Admissibility of prior bad acts testimony against defendant under Evidence Rule 404(b); whether the trial court's failure to give a limiting instruction on the Rule 404(b) evidence was prejudicial error.

, Supreme Court , 255A16 (Justice Robin Hudson) , Published
Wray v. City of Greensboro

Whether governmental immunity bars a former employee's declaratory judgment complaint against the City seeking relief based on an employment contract between the parties.

, Supreme Court , 216A16 (Justice Robin Hudson) , Published
Harrison v. Gemma Power Sys., LLC

Workers' Compensation; whether the Industrial Commission's findings of fact support the conclusion that plaintiff is not entitled to compensation for permanent partial disability.

, Supreme Court , 124A16 (Per Curiam) , Published
Murray v. Univ. of N.C. at Chapel Hill

Whether the trial court erred in denying defendant's motion to dismiss plaintiff's suit against the University; whether defendant properly raised a sovereign immunity defense before the trial court, thereby making defendant's interlocutory appeal from denial of its motion to dismiss immediately reviewable by an appellate court; whether plaintiff's complaint should be dismissed on mootness grounds.

, Supreme Court , 35PA16 (Justice Sam Ervin IV) , Published
State v. Baker

Appeal from conviction for attempted first-degree rape of a child; whether the trial court erred in failing to dismiss the attempted rape charge for insufficiency of the evidence.