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 , COA19-962-2 (Judge Chris Dillon) , Published
Benson v. Prevost

easement, map, driveway, boat, deed, parking, conveying, conveyance, depicted, recorded, slips, ingress, parties, egress, attorney's fees, easement rights, reasonable use, trial court, interfere, rights, gate, summary judgment, right to use, purchaser, adjacent, appears, feet

, Court of Appeals , COA19-976 (Judge Richard Dietz) , Published
C Invs. 2, LLC v. Auger

Challenge to decades-old covenants in residential subdivision; Real Property Marketable Title Act; exception for covenants that are part of a scheme of development and that restrict the property to residential use only, or more narrowly to multi-family or single-family residential use only; statutory construction

, Court of Appeals , COA20-545 (Judge John Arrowood) , Published
DiPrima v. Vann

trial court erred by (1) failing to make findings of defendant's intent before entering no-contact order; (2) considering conduct that did not occur in NC; and (3) basing its order on incidents when defendant was not sixteen years of age

, Court of Appeals , COA20-405 (Judge John Tyson) , Published
Exec. Off. Park of Durham Ass'n, Inc. v. Rock

Non-judicial power of sale foreclosure; order of sale; redemption payment; fees, fines and interest; NC Unit Ownership Act NCGS sec. 47A; NC Condominium Act NCGS sec. 47C.

, Court of Appeals , COA20-399 (Judge Tobias Hampson) , Published
Miller v. Carolina Coast Emer. Physicians, LLC

Time for filing cross-appeals under Rule of Appellate Procedure 3(c)(3); Motions to Tax Costs and General Appearances; Relation back of defenses; Rule 9(j) Motions to Dismiss; Exclusion of Medical Malpractice Experts under Rule of Evidence 702 and N.C. Gen. Stat. 90-21.12; Summary Judgment

, Court of Appeals , COA20-382 (Judge John Tyson) , Published
Murray v. Deerfield Mobile Home Park

Summary judgment; motion to amend counterclaims; severability of land sales contract; option contract; consideration; specified date; statute of frauds; marital interest.

, Court of Appeals , COA20-326 (Judge Darren Jackson) , Published
State v. Garrett

indictment alleging possession and transportation of Fentanyl alleged possession and transportation of opiate qualifying as a schedule II controlled substance; no plain error existed where trial court communicated the essence of the deadlocked jury instructions but did not recite statutory language verbatim

, Court of Appeals , COA20-241 (Judge Tobias Hampson) , Published
State v. Mack

Rule 404(b); Plain error; Sexually violent offenses; SBM

, Court of Appeals , COA20-343 (Judge Jeff Carpenter) , Published
State v. McSwain

Motion to dismiss; sufficiency of the evidence; forgery of a check; uttering a false check; falsity element; authority to sign; illustrative evidence

, Court of Appeals , COA20-291 (Judge Darren Jackson) , Published
State v. Parker

probable cause supported officer's search of vehicle where officer smelled what he believed was marijuana and passenger admitted smoking marijuana recently and produced marijuana from his person; there was no error in jury instructions stating that Cyclopropylfentanyl and N-ethylpentylone were controlled substances where evidence was contradicted that substances were chemical analogues or derivatives of listed controlled substances

, Court of Appeals , COA20-541 (Judge Valerie Zachary) , Published
State v. Spinks

constitutional right to a speedy trial; mistrial based on juror misconduct; statutory right to effective counsel in SBM proceedings

, Court of Appeals , COA20-20 (Judge John Tyson) , Published
State v. Crudup

Felony larceny; felony breaking and entering; habitual felon; waiver of counsel; abuse of discretion; refusal to participate in trial; standby counsel.

, Court of Appeals , COA20-680 (Judge Darren Jackson) , Published
State v. Daw

habeas corpus; petitioner failed to make threshold showing that an act, omission, or event had occurred entitling him to be discharged

, Court of Appeals , COA20-332 (Judge Jefferson Griffin) , Published
State v. Doisey

Constitutional right to counsel; waiver; resentencing; motion for appropriate relief

, Court of Appeals , COA20-50 (Judge Allegra Collins) , Published
State v. Ezzell

N.C. Gen. Stat. 8C-1, Rule 104; N.C. Gen. Stat. 8C-1, Rule 1101; N.C. Gen. Stat. 8C-1, Rule 702; applicability of rules of evidence to suppression hearings; probable cause of driving while impaired

, Court of Appeals , COA20-534 (Judge John Tyson) , Published
State v. Flow

First-degree sexual offense; first-degree rape; DVPO with a firearm; voluntary absence from trial; competency; unanimous jury verdict.