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

Search Case Summaries / Headnotes.
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2,687 Appellate Court Opinions

, Supreme Court , 278PA17 (Justice Robin Hudson) , Published
State v. Maddux

Appeal from defendant's convictions for trafficking in and manufacturing methamphetamine; whether the trial court committed plain error in instructing the jury on aiding and abetting.

, Supreme Court , 350PA16 (Per Curiam) , Published
TD Bank, N.A. v. Eagles Crest at Sharp Top, LLC

Appeal from trial court's entry of summary judgment for plaintiff and subsequent order denying defendants' motion for reconsideration under Civil Procedure Rule 59; whether defendants' Rule 59 motion tolled the time period in Rule of Appellate Procedure 3(c) for filing an appeal from the summary judgment order; whether Rule 59 can provide relief from a summary judgment order or is limited to post-trial motions.

, Supreme Court , 3A08-4 (Per Curiam) , Published
Adams Creek Assocs. v. Davis

Appeal from trial court's refusal to release defendants from jail due to their continued failure to comply with conditions imposed in an order of civil contempt; whether the Court of Appeals erred by affirming the trial court's order when the trial court did not consider defendants' evidence that they are unable to comply with the contempt order, as required under N.C.G.S. 5A-21(a)(3).

, Supreme Court , 294PA17 (Per Curiam) , Published
State v. Austin

Whether N.C.G.S. 15A-954(a)(9) establishes a procedure to hear a pretrial motion by a defendant to dismiss a murder charge based on the immunity provision of section 14-51.2, the 'castle doctrine.'

, Supreme Court , 68A18 (Per Curiam) , Published
State v. Krider

Whether the trial court erred in revoking defendant's probation under N.C.G.S. 15A-1344(f) after his probationary term expired; whether the State presented sufficient evidence that defendant willfully absconded probation in violation of N.C.G.S. 15A-1343(b)(3a) and whether the trial court abused its discretion in making that finding.

, Supreme Court , 421PA17 (Per Curiam) , Published
State v. McPhaul

Whether the trial court committed prejudicial error in admitting testimony from the State's expert in fingerprint identification that tied defendant to the crimes for which he was convicted.

, Supreme Court , 330A17 (Per Curiam) , Published
State v. Sayre

Whether an indigent defendant made a sufficient showing of 'materiality' under N.C.G.S. 15A-269 to require the trial court to appoint counsel to assist with his post-conviction motion for DNA testing to support his claim of innocence.

, Supreme Court , 290A17 (Per Curiam) , Published
State v. Smith

Appeal from trial court's denial of defendant's motion to suppress evidence; whether the warrantless search of the room in defendant's apartment in which contraband was found was constitutional; whether seizure of the contraband was permissible under the 'plain view' doctrine.

, Supreme Court , 408A17 (Per Curiam) , Published
State v. Stimpson

Whether defendant, who, along with two accomplices, participated in a series of armed robberies over a two- to three-hour period, engaged in a single conspiracy or in multiple conspiracies to commit robbery with a dangerous weapon.

, Supreme Court , 162A17 (Justice Mark Martin) , Published
Boone Ford, Inc. v. IME Scheduler, Inc.

Appeal from order consolidating cases; whether the judge who entered the order lacked authority to do so because a different judge presided over the matter at trial and whether, if so, the resulting procedural error requires vacatur of the judgment below.

, Supreme Court , 202A17 (Per Curiam) , Published
Locklear v. Cummings

Complaint alleging medical malpractice; whether plaintiff's failure to comply with Rule 9(j) before expiration of the statute of limitations requires dismissal of the action if the complaint alleges facts sounding in ordinary negligence, for which a Rule 9(j) certification is not required.

, Supreme Court , 441PA16 (Justice Barbara Jackson) , Published
State v. Curtis

Whether the two-year statute of limitations in N.C.G.S. § 15-1 mandates dismissal of misdemeanor charges against a defendant who was charged via a citation and magistrate's order, but not by a warrant, indictment, or presentment.

, Supreme Court , 245A08-2 (Justice Sam Ervin IV) , Published
State v. Hyman

Motion for appropriate relief after defendant was convicted of first-degree murder; whether defendant was denied effective assistance of counsel after counsel did not withdraw from representing him at trial so that she could offer exculpatory testimony on defendant's behalf.

, Supreme Court , 221PA17 (Justice Sam Ervin IV) , Published
State v. Langley

Whether the indictment charging defendant with having attained habitual felon status was fatally defective.

, Supreme Court , 63A17 (Justice Mark Martin) , Published
State v. Rogers

Whether the State presented sufficient evidence to survive defendant's motion to dismiss a charge of keeping or maintaining a vehicle which is used for the keeping or selling of a controlled substance.

, Supreme Court , 271PA15-2 (Justice Sam Ervin IV) , Published
State v. Saldierna

Confession by juvenile defendant while under police interrogation; whether defendant's motion to suppress should have been allowed under N.C.G.S. § 7B-2101 because the confession was not made knowingly and voluntarily.

, Supreme Court , 440PA16 (Per Curiam) , Published
State v. Turner

Whether the two-year statute of limitations in N.C.G.S. § 15-1 mandates dismissal of misdemeanor charges against a defendant who was charged via a citation and magistrate's order, but not by a warrant, indictment, or presentment.

, Supreme Court , 42PA17 (Justice Robin Hudson) , Published
Vaughan v. Mashburn

Whether the trial court erred in dismissing a medical malpractice complaint for failure to comply with Civil Procedure Rule 9(j) when plaintiff met the substantive requirements of, but failed to include a specific statement required by, Rule 9(j); whether the trial court erred in not allowing plaintiff to amend the complaint under Rules 15(a) and (c) to correct the technical pleading defect after the statute of limitations had run.