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 , COA21-685 (Judge Jeff Carpenter) , Published
State v. Lucas

Motion to suppress; warrantless search pursuant to N.C. Gen. Stat. 15A-1343(b)(13); reasonable belief as to probationer's premises; search directly related to probationer's probation supervision; implied consent to search; facial challenge of search warrant affidavit; sufficient showing of probable cause.

, Court of Appeals , COA22-220 (Judge Allegra Collins) , Published
State v. Moore

no per se ineffective assistance of counsel where Defendant previously consented to counsel's strategy of arguing self-defense and arguing for lesser-included offenses; no ineffective assistance of counsel claim where Defendant consented to self-defense strategy and called only one defense witness; no prejudicial error where the trial court admitted certain opinion evidence of a detective

, Court of Appeals , COA22-258 (Judge John Tyson) , Published
State v. Tabb

Possession and Distribution of Illegal drugs;
U.S. Constitution 4th Amendment;
Search and Seizure;
N.C. Constitution Article 1, §20;
Stationary vehicle;
Reasonable Suspicion;
Detention of individual;
Plain view;
Industrial Hemp;
Probable cause

, Court of Appeals , COA21-10 (Judge Valerie Zachary) , Published
State v. Teague

postal interdiction; motion to suppress; waiver of appellate review; Industrial Hemp Act; motion to dismiss; lay opinion testimony; identification of marijuana as a controlled substance; conspiracy; statements of a co-conspirator

, Court of Appeals , COA22-135 (Judge Allegra Collins) , Published
The N.C. State Bar v. Megaro

adequate evidence to support the DHC's findings of fact, and the findings of fact adequately support the conclusions of law where Defendant entered into a representation agreement with brothers who did not have the capacity to understand the agreement due to their low IQs and adaptive functioning deficits

, Court of Appeals , COA22-190 (Judge Donna Stroud) , Published
In re: D.S.

neglect, dependency, adjudication, juvenile, Rule 3.1

, Court of Appeals , COA21-709 (Judge April Wood) , Published
Kelly v. State of N.C.

Opportunity Scholarship Program; Lower-income families may receive scholarships from the State to attend private school; Constitutional challenge; As-applied challenge; Facial challenge; Subject matter jurisdiction; Breadth of the remedy requested, not what is pleaded in the complaint, is controlling in determining whether the challenge is facial or as-applied.

, Court of Appeals , COA22-109 (Judge April Wood) , Published
Ladd v. Funderburk

Governmental immunity; Qualified immunity; Governmental in nature vs. Proprietary in nature; N.C. Gen. Stat § 160A-296; Affirmative duty; Roadway obstructions; Tree ordinance; Waiver of governmental immunity; Liability insurance; Insurance policy effect on the defense of governmental immunity; N.C. Gen. Stat. § 153A-435; Summary judgment.

, Court of Appeals , COA21-588 (Judge April Wood) , Published
N.C. Farm Bureau Mut. Ins. Co., Inc. v. Carpenter

Legionnaire's Disease; Insurance Policy's Fungi or Bacteria Exclusion; Insurance Policy's Consumption Exception; Summary judgment; Interlocutory appeal; Construction and interpretation of an insurance contract is a question of law; Insurer's duty to defend; Duty to indemnify.

, Court of Appeals , COA22-30 (Judge Hunter Murphy) , Published
Neeley v. Fields

Legal malpractice; easements of record; construction of deeds

, Court of Appeals , COA21-620 (Judge Allegra Collins) , Published
State v. Booth

no plain error where an officer testified to the contents of a search warrant and the search warrant/affidavit were entered into evidence; motion to dismiss properly denied where there was sufficient evidence that the green leafy substance seized was marijuana

, Court of Appeals , COA21-701 (Judge Darren Jackson) , Published
State v. Eagle

officer approaching the defendant in police cruiser with blue lights flashing while blocking the only way for the defendant to leave was not a situation in which a reasonable person would feel free to leave and constituted a seizure under the Fourth Amendment

, Court of Appeals , COA17-386-3 (Judge Lucy Inman) , Published
State v. Griffin

Satellite-Based Monitoring; Term of Years; Mental, Physical, or Sexual Abuse of a Minor; Fourth Amendment Reasonableness

, Court of Appeals , COA22-163 (Judge Jefferson Griffin) , Published
State v. Guice

First Amendment, true threats, communicating threats, subjective component.

, Court of Appeals , COA22-126 (Judge Allegra Collins) , Published
State v. Hunter

motion to suppress properly denied where officer shined flashlight into vehicle and seized a plastic baggie of contraband in plain view; officer's subjective motive for a stop has no bearing in Fourth Amendment analysis

, Court of Appeals , COA22-216 (Judge Valerie Zachary) , Published
State v. Mason

expert opinion; Rule 702(a); lay opinion; self-defense

, Court of Appeals , COA22-115 (Judge John Arrowood) , Published
State v. Steele

admission of evidence; interfering or intimidating a witness

, Court of Appeals , COA21-761 (Judge Allegra Collins) , Published
State v. Watson

expert testimony; non-testifying expert testimony is admissible as the basis of testifying expert's opinion; officer testifying about HGN may not specify to specific alcohol concentration

, Court of Appeals , COA20-816 (Judge Jeff Carpenter) , Published
Waters v. Pumphrey

summary judgment, retaliatory eviction, protected act, summary ejectment, notice to vacate