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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15,820 Appellate Court Opinions

, Court of Appeals , COA22-675 (Judge Fred Gore) , Published
State v. Lytle

probation revocation hearing; N.C.G.S. 15A-1344(f); finding of good cause; reasonable efforts to hold revocation hearing prior to the expiration of probationary term.

, Court of Appeals , COA22-561 (Judge Allegra Collins) , Published
State v. Miller

trial court erred by closing courtroom without making sufficient findings of fact and by denying motion to dismiss violation of local ordinance where the charging documents did not include the caption and the ordinance was not proven at trial

, Court of Appeals , COA22-231 (Judge Allegra Collins) , Published
State v. Palacio

no new trial where transcript for one day of the proceedings is missing; incest conviction vacated because a niece by affinity is not a niece for purposes of incest as criminalized by N.C. Gen. Stat. § 14-178; trial court did not err by denying motion to suppress; remanded for correction of clerical error where judgment included previously dismissed conviction.

, Court of Appeals , COA22-730 (Judge John Tyson) , Published
Yves v. Tolentino

Motion to dismiss, Perfecting service, Service of process, Statutes of limitations, Rule 4

, Court of Appeals , COA22-162 (Judge Valerie Zachary) , Published
Abbott v. Abernathy

easement; abandonment; overburdening; dedication for public use; standing; appellate preservation

, Court of Appeals , COA22-411 (Judge Valerie Zachary) , Published
Bassiri v. Pilling

motion to dismiss; subject-matter jurisdiction; alienation of affections

, Court of Appeals , COA22-382 (Judge Donna Stroud) , Published
In re: A.H.D., V.I.D.

willful failure to pay child support, sufficiency of petition, standard of proof

, Court of Appeals , COA22-456 (Judge Tobias Hampson) , Published
In re: Z.J.W.

Termination of Parental Rights; Ex Parte Communications; Procedural Due Process

, Court of Appeals , COA22-194 (Judge John Tyson) , Published
Janu Inc v. Mega Hospitality, LLC

Motions to Dismiss;
Failure to State a Claim Rule 12(b)(6);
Personal Jurisdiction Rule 12(b)(6);
Notice;
Irregular Judgment;
General Appearance;
Waiver;
Attorney's Fees Prevailing Party;
Seeking Affirmative Relief;

, Court of Appeals , COA22-537 (Judge John Tyson) , Published
JRM, Inc. v. The HJH Cos., Inc.

Arbitration Agreement;
Interlocutory Orders;
Substantial Right;
Burden of Proof;
Untimely Affidavit;

, Court of Appeals , COA22-326 (Judge April Wood) , Published
State v. Scott

Motion to suppress evidence; Fourth Amendment; traffic stop; weapons frisk; Terry frisk; totality of circumstances; validated gang member; officer's knowledge of prior murder charge; frisk of vehicle; may not raise different theory on appeal; prior record level worksheet; notice of prior record level point for committing a crime while on probation; parole or post-release supervision; waiver of notice of prior record level point.

, Court of Appeals , COA22-175 (Judge John Tyson) , Published
Pelc v. Pham

USCIS Form I-864 Affidavit of Support;
Household Size to Determine Financial Support;
Sponsored Immigrant's Income;
Quasi-Contract;
Equitable Damages;
Foreign-Money Claims Act, N.C. Gen Stat. 1C-1820-1834;
Missing Trial Transcript;
Attorney's Fees, N.C. Rev. R. Prof. Conduct 1.5;

, Court of Appeals , COA22-222 (Judge John Tyson) , Published
State v. Davis

1st Degree Murder;
Attempted First Degree Murder;
Arson;
Felony Murder;
Premeditation and deliberation;
Sufficiency of indictment;
Rules 401, 402, 403, 404(b);
Transferred Intent;
Prior Bad Acts;

, Court of Appeals , COA21-794 (Judge Valerie Zachary) , Published
State v. Duncan

motion to suppress; traffic stop; reasonable suspicion; medically canceled driver's license; search incident to arrest

, Court of Appeals , COA22-48 (Judge Jeff Carpenter) , Published
State v. Graham

Dismissal of unnecessary petition for writ of certiorari; N.C. Gen. Stat. 15A-1222 and 15A-1232; fair and clear jury instructions taken as a whole; DNA and fingerprint evidence; insufficient expert testimony under Rule 702(a)(3); no prejudicial error in admission of expert testimony; habitual breaking and entering status offense as a Class E felony; no clerical error on written judgment.