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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15,933 Appellate Court Opinions

, Court of Appeals , COA20-904 (Judge Richard Dietz) , Published
Forte v. The Goodyear Tire & Rubber Co.

Workers' compensation; Full Commission's authority to reconsider evidence and amend deputy commissioner's award if good ground be shown; N.C. Gen. Stat. § 97-85; competent evidence standard; Full Commission authority to weigh evidence and reject testimony it disbelieves

, Court of Appeals , COA21-634 (Judge Jefferson Griffin) , Published
In re: A.W. & C.W.

Expert testimony on sexual abuse; presumption that judge discerns properness of evidence in bench trial; hearsay in abuse adjudication.

, Court of Appeals , COA21-441 (Judge Allegra Collins) , Published
In re: Moore

N.C. Gen. Stat. § 31-32; will caveats; subject matter jurisdiction; lack of standing to bring caveat; N.C. Gen. Stat. § 29-15; intestate succession; N.C. Gen. Stat. § 29-19(b)

, Court of Appeals , COA21-633 (Judge Fred Gore) , Published
In re: S.R.

Termination of parental rights; findings of fact; NCGS 7B-1111(a); failure to pay child support; and judicial discretion

, Court of Appeals , COA21-188 (Judge Fred Gore) , Published
In re: Stanly Solar, LLC

North Carolina Utilities Commission; Commission's decision prima facie just and reasonable; Deference afforded to Commission's interpretation of statute

, Court of Appeals , COA21-452 (Judge Fred Gore) , Published
Johnston v. Pyka

partial summary judgment; breach of contract; specific performance; implied warranty of habitability; summary ejectment; tortious interference with contract; fraud

, Court of Appeals , COA21-356 (Judge Darren Jackson) , Published
Kluttz-Ellison v. Noah's Playloft Preschool

worker's compensation; full commission did not abuse its discretion in allowing claimant's motion to submit additional evidence where good grounds existed for granting motion and Form 44 put defendants on notice of material aggravation theory; bariatric surgery was directly related to work injury that required right knee surgery and thus compensable where right knee surgery could not be safely performed before substantial weight loss that would result from bariatric surgery

, Court of Appeals , COA21-568 (Judge Fred Gore) , Published
Roark v. Yandle

denial of Rule 60(b) motion; attorney's fees; void judgment

, Court of Appeals , COA21-433 (Judge Chris Dillon) , Published
State v. Amator

trafficking, traffic stop, license plate, renewal sticker, Commissioner, DMV, reasonable suspicion, mistake of law, registration card, ambiguous

, Court of Appeals , COA21-202 (Judge Darren Jackson) , Published
State v. Ballard

motion for appropriate relief; Brady and Napue claims failed because of lack of probability allegedly wrongfully withheld or intentionally false evidence would have changed result of trial had it not been withheld or introduced; evidentiary hearing was required on ineffective assistance of counsel claim to determine whether failure to investigate key alibi witness prejudiced outcome of trial; gatekeeper order prohibiting the filing of future motions for appropriate relief was erroneous where there was no history of filing successive frivolous motions for appropriate relief

, Court of Appeals , COA21-715 (Judge Fred Gore) , Published
State v. Conner

Fifth Amendment; custodial interrogation; barricaded suspect; and clerical error

, Court of Appeals , COA21-493 (Judge Jeff Carpenter) , Published
State v. Darr

Miranda Rights; interrogation; confession; unambiguous request for counsel; motion to suppress; Fifth Amendment

, Court of Appeals , COA21-99 (Judge Jefferson Griffin) , Published
State v. Graham

Jury instructions; mandatory presumption; attorney-client privilege; motion to compel.

, Court of Appeals , COA21-297 (Judge Allegra Collins) , Published
State v. Kitchen

Driving while intoxicated; motion to suppress medical record evidence; Fourth Amendment right to be free from warrantless search and seizure; harmless beyond a reasonable doubt; no prejudicial error.

, Court of Appeals , COA21-491 (Judge Lucy Inman) , Published
State v. Strickland

solicitation; first-degree murder; lesser included offense; improper closing argument

, Court of Appeals , COA21-326 (Judge Richard Dietz) , Published
Tutterow v. Hall

Underinsured motorist coverage; Motor Vehicle Safety and Financial Responsibility Act; N.C. Gen. Stat. § 20-279.21(b)(4); calculation of coverage when there are multiple underinsured tortfeasors and multiple applicable UIM policies; statutory construction