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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2,698 Appellate Court Opinions

, 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.

, Supreme Court , 146PA17 (Justice Michael Morgan) , 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 (Per Curiam) , 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 (Justice Barbara Jackson) , 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 (Justice Michael Morgan) , 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 (Justice Sam Ervin IV) , 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 (Per Curiam) , 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 (Justice Cheri Beasley) , 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.