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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15,820 Appellate Court Opinions

, Court of Appeals , COA21-202 (Judge Darren Jackson) , Published
State v. Ballard

motion for appropriate relief; Brady and Napue claims failed because of lack of probability allegedly wrongfully withheld or intentionally false evidence would have changed result of trial had it not been withheld or introduced; evidentiary hearing was required on ineffective assistance of counsel claim to determine whether failure to investigate key alibi witness prejudiced outcome of trial; gatekeeper order prohibiting the filing of future motions for appropriate relief was erroneous where there was no history of filing successive frivolous motions for appropriate relief

, Court of Appeals , COA21-715 (Judge Fred Gore) , Published
State v. Conner

Fifth Amendment; custodial interrogation; barricaded suspect; and clerical error

, Court of Appeals , COA21-493 (Judge Jeff Carpenter) , Published
State v. Darr

Miranda Rights; interrogation; confession; unambiguous request for counsel; motion to suppress; Fifth Amendment

, Court of Appeals , COA21-99 (Judge Jefferson Griffin) , Published
State v. Graham

Jury instructions; mandatory presumption; attorney-client privilege; motion to compel.

, Court of Appeals , COA21-297 (Judge Allegra Collins) , Published
State v. Kitchen

Driving while intoxicated; motion to suppress medical record evidence; Fourth Amendment right to be free from warrantless search and seizure; harmless beyond a reasonable doubt; no prejudicial error.

, Court of Appeals , COA21-491 (Judge Lucy Inman) , Published
State v. Strickland

solicitation; first-degree murder; lesser included offense; improper closing argument

, Court of Appeals , COA21-326 (Judge Richard Dietz) , Published
Tutterow v. Hall

Underinsured motorist coverage; Motor Vehicle Safety and Financial Responsibility Act; N.C. Gen. Stat. § 20-279.21(b)(4); calculation of coverage when there are multiple underinsured tortfeasors and multiple applicable UIM policies; statutory construction

, Court of Appeals , COA21-472 (Judge Darren Jackson) , Published
Upchurch v. Harp Builders, Inc.

civil procedure; pleading; counterclaim asserted outside statute of limitations did not relate back to plaintiff's complaint; most recent intermediate appellate court precedent controls over prior inconsistent precedent of same court

, Court of Appeals , COA21-402 (Judge Tobias Hampson) , Published
In re: A.J.D., Jr.

Involuntary Commitment Order; Sufficiency of Findings of Fact; Expert Witness Testimony; Preservation of Error; Hearsay

, Court of Appeals , COA21-228 (Judge Jefferson Griffin) , Published
In re: J.A.D.

Extortion, material information in charging instruments, physical violence not required for true threats, fatal variance in proof, written findings required under N.C. Gen. Stat. 7B-2411, 7B-2501(c).

, Court of Appeals , COA21-486 (Judge April Wood) , Published
Moye-Lyons v. N.C. Dep't of Pub. Instruction

North Carolina Industrial Commission; workers compensation claim; timely filed claim; two-year limitation period; mental incompetency; jurisdiction; subject matter jurisdiction; employment; social security disability claim; representative payee; incompetency adjudication hearing; involuntary commitment; N.C. Gen. Stat. § 97-24(a); N.C. Gen. Stat. § 35A-1101; N.C. Gen. Stat. § 35A-1102; time-barred pursuant to N.C. Gen. Stat. § 97-50; 42 U.S.C. § 416(i).

, Court of Appeals , COA20-885 (Judge Lucy Inman) , Published
State v. Carter

reasonableness of lifetime satellite-based monitoring; recidivist; sex offenses with a child under thirteen; Defendant's Fourth Amendment privacy interests balanced against State's interests and declared efficacy of SBM; totality of circumstances; amendments to SBM laws; Session Law 2021-138, sec. 18(i) and S.L. 2021-182, sec. 2(e) (collectively to be codified at N.C. Gen. Stat. § 14-208.46).

, Court of Appeals , COA20-665 (Judge April Wood) , Published
State v. Hicks

Aggressor doctrine; self-defense; plain error; jury instructions; exhibits.

, Court of Appeals , COA21-687 (Judge Allegra Collins) , Published
State v. Ingram

Sufficient evidence of driving while intoxicated, N.C. Gen. Stat. 20-138.1(a)

, Court of Appeals , COA16-631 (Judge Lucy Inman) , Published
State v. Williamson

motion to dismiss second-degree murder charge; knowingly driving while impaired, when combined with evidence of reckless driving or behavior, may constitute malice; motion for appropriate relief; recanted testimony; privilege against self-incrimination; U.S. Const. Fifth and Sixth Amendments; testimony subject of direct examination as opposed to collateral matters; the trial court may strike testimony in whole or in part or compel witness to testify

, Court of Appeals , COA21-274 (Judge Allegra Collins) , Published
Turner v. Oakley

Jurisdiction to modify child custody order; challenged finding of fact supported by substantial evidence; trial court assessed whether a substantial change in circumstances affected the child's welfare and whether modification of custody was in the child's best interests; no abuse of discretion in modification of custody.

, Court of Appeals , COA21-269 (Judge John Tyson) , Published
Barrington v. Dyer

Will contest; Rule 12(b0(6); res judicata; gatekeeping order factors; attorney's fees factors; award of attorney fees on appeal.