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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16,095 Appellate Court Opinions

, Supreme Court , 260A20 (Justice Michael Morgan) , Published
State v. Oldroyd

Whether an indictment for attempted robbery with a dangerous weapon which alleges that a defendant attempted to rob a defined group of individuals at a specific location on a particular date was sufficient to place the defendant on notice of the crime he is alleged to have committed and to protect the defendant from double jeopardy.

, Supreme Court , 20PA19-2 (Justice Anita Earls) , Published
State v. Reid

Whether the Court of Appeals improperly reweighed facts in reversing the trial court's order granting the defendant a new trial.

, Court of Appeals , COA21-110 (Judge Richard Dietz) , Published
Batson v. Coastal Res. Comm'n

Attorneys' fees; trial court authority to award fees under N.C. Gen. Stat. 6-19.1 in judicial review proceeding challenging agency decision under N.C. Gen. Stat. 113A-121.1; substantial justification for agency decision; sufficiency of findings of fact

, Court of Appeals , COA21-196 (Judge John Tyson) , Published
In re: C.H.M.

Adoptions NCGS Chapter 48; parental rights; biological father; Due Process; duty to support

, Court of Appeals , COA21-306 (Judge Lucy Inman) , Published
In re: Magestro

Will Caveat; Declaratory Judgment; Mootness

, Court of Appeals , COA21-51 (Judge Lucy Inman) , Published
Parks v. Johnson

declaratory judgment; will interpretation; former spouse; decedent's siblings; North Carolina General Statutes Sections 31-5.4, 31-42(b); testator's intent; unfulfilled condition precedent; residuary devise; intestacy; reversed

, Court of Appeals , COA21-41 (Judge Darren Jackson) , Published
Snow Enter., LLC v. Bankers Ins. Co.

bail bonds; quasi-estoppel; unjust enrichment; criminal defendant was estopped from recovering return of bond premium where defendant received the benefit of a re-written bond without notifying surety within a reasonable amount of time that defendant wanted return of bond premium rather than benefit of re-written bond, for which no premium was charged

, Court of Appeals , COA21-134 (Judge Valerie Zachary) , Published
State v. Essick

N.C. Gen. Stat. 15A-1340.17(f); statutory sentence enhancements; habitual felon; reportable convictions; sex-offender registry; unauthorized term of imprisonment

, Court of Appeals , COA21-150 (Judge Jefferson Griffin) , Published
State v. Guin

Harbison error, implied concession of guilt, admission of facts not whole charges, jury instruction, lesser-included offenses, sufficiency of evidence, kidnapping, evidence of confinement distinct from concurrent assault

, Court of Appeals , COA21-121 (Judge Allegra Collins) , Published
State v. Hales

Pro se defendant-appellant; violation of a local ordinance, N.C. Gen. Stat. 14-4; trial court's improper application of statutory sentencing requirements; motion to dismiss for selective prosecution; motion to suppress evidence.

, Court of Appeals , COA20-548 (Judge John Tyson) , Published
State v. Julius

Motion to suppress, 4th amendment search; identity of driver; probable cause; reasonable suspicion; search incident to arrest; jury instructions.

, Court of Appeals , COA21-348 (Judge April Wood) , Published
State v. Pettiford

Probation; revocation; misdemeanor breaking or entering; competent evidence; and abuse of discretion.

, Court of Appeals , COA21-138 (Judge Darren Jackson) , Published
Bryant v. Wake Forest Univ. Baptist Med. Ctr.

medical malpractice; object left in body during surgery; summary judgment was proper on claims for actual and constructive fraud because there was no evidence of deceptive intent or fiduciary relationship between physician and patient; res ipsa loquitor did not apply because elements of both standard of care and breach required expert testimony; summary judgment on medical malpractice claim was proper because four-year rather than ten-year statute of limitations applied because evidence was uncontroverted that object left in body was intended to be left in body permanently for purpose of medical treatment; punitive damages claim failed where all other claims did not withstand summary judgment