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

, Supreme Court , 56PA20 (Per Curiam) , Published
Copeland v. Amward Homes of N.C., Inc.

Whether a real estate developer has a duty to sequence development or conduct mass grading; whether a real estate developer has a duty to protect against the negligence of a third party.

, Supreme Court , 460A20 (Justice Anita Earls) , Published
In re B.R.L.

Whether clear and convincing evidence supported the trial court's conclusion that respondent willfully abandoned the juvenile pursuant to N.C.G.S. 7B-1111(a)(7) and whether the trial court failed to make findings of the likelihood of future neglect pursuant to N.C.G.S. 7B-1111(a)(1) in concluding grounds existed to terminate parental rights.

, Supreme Court , 471A20 (Justice Anita Earls) , Published
In re O.E.M.

Appeal from order terminating respondent-father's parental rights; whether the trial court erred by terminating respondent-father's parental rights despite Department of Social Service's failure to verify a motion in the cause seeking termination of a father's parental rights pursuant to N.C.G.S. 7B-1104.

, Supreme Court , 416A20 (Justice Phil Berger Jr.) , Published
In re Z.M.T.

Appeal from orders terminating respondent's parental rights; whether respondent received ineffective assistance of counsel.

, Supreme Court , 284PA20 (Justice Robin Hudson) , Published
State v. Dew

Whether there is sufficient evidence of multiple assaults in the light most favorable to the State to submit the issue to the jury; whether there is sufficient evidence to establish that defendant used his hands, feet, or teeth as deadly weapons.

, Supreme Court , 155PA20 (Justice Michael Morgan) , Published
State v. Graham

Whether the Georgia statutory rape statute under which defendant was previously convicted was substantially similar to North Carolina's statutory rape statute such that defendant's prior Georgia conviction could count as a higher penalty class for purposes of determining defendant's prior record level for sentencing.

, Supreme Court , 149PA20 (Justice Tamara Barringer) , Published
State v. Leaks

Whether the trial court committed harmless error when it declined to give defendant's requested self-defense instruction.

, Supreme Court , 334PA19-2 (Justice Michael Morgan) , Published
State v. Strudwick

Whether the trial court's order requiring defendant to submit to lifetime satellite-based monitoring once released from prison is constitutional when the determination as to whether the search effected by satellite-based monitoring is reasonable occurs decades before the search would likely take place.

, Supreme Court , 408A20 (Per Curiam) , Published
State v. Wright

Appeal based on a dissent seeking review of the trial court's denial of defendant's motion to dismiss.

, Supreme Court , 2A21 (Per Curiam) , Published
Ward v. Halprin

Whether the Court of Appeals erred in affirming the trial court's award of final decision-making authority to defendant; whether the Court of Appeals erred in affirming the trial court's award of attorney's fees to defendant.

, Court of Appeals , COA20-333 (Judge April Wood) , Published
Duke Energy Carolinas, LLC v. Kiser

Easement; quiet title; cloud upon title; Federal Energy Regulatory Commission License; FERC license; fee simple; contract; easement agreement; easement appurtenant; easement in gross; excessive use; Restatement of Property; third-party property rights; interlocutory appeal; summary judgment; scope of authority under easement; eminent domain; navigability; navigable waters; navigable-in-fact; riparian rights; public trust doctrine; artificial waters

, Court of Appeals , COA21-178 (Judge Jeff Carpenter) , Published
In re: W.C.T., W.J.A.T., W.D.T.

Abuse, neglect, and dependency; sufficiency of findings; limitation of parental visitation; constitutionally protected status as parent; waiver of constitutional issue

, Court of Appeals , COA21-230 (Judge John Tyson) , Published
Leary v. Anderson

Sale of property; competency; special proceeding pending; summary judgment for buyer; NCGS 32C-1-104- power of attorney; NCGS 32C-1-105- execution of power of attorney; NCGS 32C-1-106- validity of power of attorney.

, Court of Appeals , COA20-862 (Judge Jefferson Griffin) , Published
State v. Heggs

Structured Sentencing Act; aggravating factors; evidence supporting aggravating factors; aggravated sentence; discretion of trial court; plea agreement; prejudicial error

, Court of Appeals , COA20-915 (Judge Allegra Collins) , Published
State v. Neal

Jury instructions; constructive possession; possession of firearm by a felon; PFF; attempted first-degree murder; speedy trial; speedy appeal; Barker factors