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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2,687 Appellate Court Opinions

, Supreme Court , 81A14 (Justice Sam Ervin IV) , Published
State v. Perry

Review of order denying defendant's motion for appropriate relief seeking resentencing; defendant was mandatorily sentenced as a juvenile to life imprisonment without parole; retroactive application of the holding in Miller v. Alabama declaring sentences such as defendant's unconstitutional; effect of U.S. Supreme Court's subsequent decision in Montgomery v. Louisiana.

, Supreme Court , 297PA15 (Justice Cheri Beasley) , Published
State v. Ross

Whether defendant's plea agreement was entered knowingly and voluntarily.

, Supreme Court , 271PA15 (Justice Robert Edmunds Jr.) , Published
State v. Saldierna

Confession by juvenile defendant while under police interrogation; whether, under N.C.G.S. 7B-2101(a)(3), the officer interrogating defendant was required to seek clarification of defendant's statement regarding whether he wanted his mother present during the interview.

, Supreme Court , 82A14 (Per Curiam) , Published
State v. Seam

Appeal from order granting defendant's motion for appropriate relief, vacating his sentence of life imprisonment without parole, and ordering a resentencing hearing to comply with Miller v. Alabama; effect of U.S. Supreme Court's subsequent decision in Montgomery v. Louisiana.

, Supreme Court , 80A14 (Justice Barbara Jackson) , Published
State v. Young

Appeal from order granting defendant's motion for appropriate relief, vacating his sentence of life imprisonment without parole, and ordering a resentencing hearing to comply with Miller v. Alabama; effect of U.S. Supreme Court's subsequent decision in Montgomery v. Louisiana.

, Supreme Court , 93A15-2 (Justice Paul Newby) , Published
Town of Boone v. State

Appeal from three-judge panel's order declaring facially unconstitutional a 2014 law withdrawing the town's extraterritorial jurisdiction over areas beyond the municipal limits.

, Supreme Court , 319PA14 (Justice Robert Edmunds Jr.) , Published
Turner v. Thomas

Whether plaintiff's allegations in support of claims for malicious prosecution and intentional infliction of emotional distress are legally sufficient to state a claim for relief.

, Supreme Court , 5PA15 (Justice Mark Martin) , Published
CommScope Credit Union v. Butler & Burke, LLP

Whether defendant owed a fiduciary duty to plaintiff when defendant audited plaintiff's financial statements; whether plaintiff is barred from recovery by the doctrines of contributory negligence and in pari delicto.

, Supreme Court , 76A16 (Per Curiam) , Published
Holt v. NCDOT

Action under the State Tort Claims Act to recover for wrongful deaths resulting from a motor vehicle collision at an intersection; appeal from Industrial Commission's decision and order awarding damages to decedents' estates; whether DOT's failure to install a traffic signal at the intersection was a proximate cause of the wreck; whether the intentional acts of the drivers of two speeding vehicles that directly caused the collision insulated DOT from liability.

, Supreme Court , 54A16 (Per Curiam) , Published
In re C.L.S.

Whether the trial court's findings of fact supported its conclusions of law that respondent-father's parental rights should be terminated under N.C.G.S. § 7B-1111(a)(1), (a)(2), and (a)(5).

, Supreme Court , 432PA15 (Per Curiam) , Published
State v. Anderson

Appeal from conviction for common law obstruction of justice, as elevated to a felony under N.C.G.S. § 14-3(b); whether the trial court erred in denying defendant's motion to dismiss based on insufficient evidence.

, Supreme Court , 66A16 (Per Curiam) , Published
State v. Collins

Whether the Court of Appeals majority erred in affirming the trial court's denial of defendant's motion to suppress evidence obtained via a strip search.

, Supreme Court , 385PA15 (Per Curiam) , Published
State v. Nkiam

Whether a noncitizen who pleaded guilty to a deportable crime but claimed that he was not correctly advised by counsel of the immigration consequences of his plea should be allowed to withdraw it; application of U.S. Supreme Court's decision in Padilla v. Kentucky.

, Supreme Court , 108PA14-2 (Justice Robert Edmunds Jr.) , Published
Duke Energy Carolinas, LLC v. Gray

Whether the six-year statute of limitations on lawsuits alleging injury to incorporeal hereditaments barred plaintiff's action to enforce its easement rights against an alleged encroachment by defendant.

, Supreme Court , 32PA15 (Justice Paul Newby) , Published
E. Carolina Reg'l Hous. Auth. v. Lofton

In applying federal housing and case law, whether a public housing authority must exercise discretion in pursuing eviction of tenant for a lease violation; whether proof that eviction is not unconscionable is required in a summary ejectment proceeding under North Carolina law.

, Supreme Court , 315PA15 (Justice Paul Newby) , Published
Quality Built Homes Inc. v. Town of Carthage

Whether Town of Carthage has municipal authority to charge impact fees on landowners for future water and sewer system expansion when an owner subdivides its property.

, Supreme Court , 308A15 (Justice Mark Martin) , Published
State v. Thomsen

Whether the Court of Appeals has subject matter jurisdiction to issue a writ of certiorari to review a trial court's order granting defendant appropriate relief on the trial court's own motion.