Supreme Court Slip Opinions


Filed: 17 October 2025
Mandate: 6 November 2025
Zip File of Published Opinions
Headnote Index: 17 October 2025

Case Title / Description
Creech v. Town of Cornelius, (52PA25 - Published) Author: Per Curiam (View COA Opinion)
Whether the Court of Appeals erred in holding that defendant, a negligent truck driver, had adequate time and means to avoid injuring plaintiff, a contributorily negligent pedestrian.
Long v. Fowler, (303A20-2 - Published) Author: Justice Phil Berger Jr. (View COA Opinion)
Whether the Court of Appeals erred in affirming the trial court's order granting defendants' motion for summary judgment based on lack of proximate cause.
State v. Rogers, (377PA22 - Published) Author: Justice Paul Newby (View COA Opinion)
Whether the trial court properly denied defendant's motion to suppress cell-site location information.
Mitchell v. Univ. of N.C. Bd. of Governors, (121A23 - Published) Author: Justice Richard Dietz (View COA Opinion)
Whether courts interpreting state rules and regulations must defer to the legal interpretation of the state agency responsible for promulgating those rules and regulations.
Southland Nat'l Ins. Corp. v. Lindberg, (173PA23 - Published) Author: Per Curiam (View COA Opinion)
Whether reliance is reasonable in a claim for fraud in the inducement when the complaining party failed to conduct any material due diligence on the representations and warranties upon which the fraud claim is based.
Pinnacle Health Servs. of N.C. LLC v. N.C. Dep't of Health & Hum. Servs., (285A23 - Published) Author: Justice Phil Berger Jr. (View COA Opinion)
Whether the Court of Appeals erred in affirming an administrative law judge's determination that a certificate of need award was improper.
State v. Wilson, (307PA23 - Published) Author: Justice Phil Berger Jr. (View COA Opinion)
Whether the Court of Appeals erred in concluding step one of the Batson inquiry was moot.
N.C. Dep't of Env't Quality v. N.C. Farm Bureau Fed'n, Inc., (338PA23 - Published) Author: Justice Trey Allen (View COA Opinion)
Whether the North Carolina Department of Environmental Quality, Division of Water Resources, unlawfully incorporated certain conditions into general permits for animal waste management systems without satisfying the rulemaking requirements of the Administrative Procedure Act.
Land v. Whitley, (71PA24 - Published) Author: Justice Allison Riggs (View COA Opinion)
Whether defendants had a right of immediate appellate review of the trial court's interlocutory order denying defendants' motions to dismiss based on a claim of statutory immunity under the Emergency or Disaster Treatment Protection Act.
State v. Norman, (151A24 - Published) Author: Justice Paul Newby (View COA Opinion)
Whether probable cause supported a warrant to search defendant's vehicle.
State v. Lail, (166A24 - Published) Author: Per Curiam (View COA Opinion)
Whether the Court of Appeals properly concluded the trial court prejudicially erred when it excluded a handwritten note written by the complaining witness.
State v. Chemuti, (282PA24 - Published) Author: Justice Richard Dietz (View COA Opinion)
Whether N.C.G.S. 132-1.4A provides the exclusive procedure by which a criminal defendant in district court may request release of law enforcement agency recordings covered by the statute.
Mauck v. Cherry Oil Co., (318A24 - Published) Author: Justice Anita Earls
Whether the Business Court erred in dismissing a claim for judicial dissolution under N.C.G.S. 55-14-30(2)(ii) for lack of standing when the plaintiff-shareholder held the contractual right to exercise a put option and sell their shares back to the company at fair market value.

IN ADDITION TO THE ABOVE LISTED OPINIONS, THE COURT CONSIDERED 155 OTHER MATTERS. THE OTHER MATTERS MAY INCLUDE, BUT ARE NOT LIMITED TO, NOTICES OF APPEALS BASED UPON CONSTITUTIONAL QUESTIONS, PETITIONS FOR DISCRETIONARY REVIEW, PETITIONS FOR WRIT OF CERTIORARI IN DEATH CASES, DEATH STAYS, PETITIONS FOR WRITS OF CERTIORARI IN OTHER CRIMINAL AND CIVIL CASES, PETITIONS FOR WRITS OF SUPERSEDEAS, MOTIONS FOR TEMPORARY STAYS, PETITIONS FOR WRITS OF MANDAMUS, PETITIONS FOR WRITS OF HABEAS CORPUS, PETITIONS FOR WRIT OF MANDAMUS, MOTIONS FOR APPROPRIATE RELIEF, AND DIRECT APPEALS FROM DECISIONS OF THE JUDICIAL STANDARDS COMMISSION AND THE UTILITIES COMMISSION. THE COURT ALSO CONSIDERS MOTIONS FOR EXTENSIONS OF TIME AND MOTIONS TO AMEND ON A DAILY BASIS. SUCH "ROUTINE" MOTIONS ARE NOT INCLUDED IN THE PETITION LIST PUBLISHED BY THE COURT EACH MONTH.

Filed: 22 August 2025
Mandate: 11 September 2025
Zip File of Published Opinions
Headnote Index: 22 August 2025

Case Title / Description
Cutter v. Vojnovic, (229A24 - Published) Author: Justice Tamara Barringer
Whether the Business Court erred in granting a motion for partial judgment on the pleadings, granting a motion to strike portions of an affidavit on summary judgment, and disregarding a purported expert report on summary judgment; and whether the Business Court erred in granting a motion for summary judgment, because a partnership did not exist.
Town of Apex v. Rubin, (206PA21 - Published) Author: Justice Allison Riggs (View COA Opinion)
Whether title to property is revested in the landowner if a government entity takes the property for a private purpose and whether the trial court may enter a mandatory injunction to restore the property to its original condition where the landowner has not requested injunctive relief in the pleadings.
Town of Apex v. Rubin, (410PA18-2 - Published) Author: Justice Allison Riggs
Whether title to property is revested in the landowner if a government entity takes the property for a private purpose and whether the trial court may enter a mandatory injunction to restore the property to its original condition where the landowner has not requested injunctive relief in the pleadings.
Devalle v. N.C. Sheriffs' Educ. & Training Standards Comm'n, (158PA23 - Published) Author: Justice Paul Newby (View COA Opinion)
Whether the Sheriffs' Education and Training Standards Commission arbitrarily or capriciously denied petitioner's application for justice officer certification upon concluding that he lacked the good moral character required of deputy sheriffs.
Savage v. N.C. Dep't of Transp., (235PA23 - Published) Author: Justice Richard Dietz (View COA Opinion)
Whether courts interpreting state statutes must defer to the legal interpretation of the state agency responsible for implementing those statutes.
N.C. Dep't of Revenue v. Philip Morris USA, Inc., (242A23 - Published) Author: Justice Trey Allen
Whether the Office of Administrative Hearings has jurisdiction to decide as-applied constitutional challenges to North Carolina's tax statutes.
Howell v. Cooper, (252A23 - Published) Author: Justice Paul Newby (View COA Opinion)
Whether plaintiffs' Corum claims, which allege that restrictions imposed on bars during the COVID 19 pandemic violated the Fruits of the Their Own Labor Clause and Law of the Land Clause, are colorable such that sovereign immunity does not bar their suit.
State v. Wright, (258PA23 - Published) Author: Justice Paul Newby (View COA Opinion)
Whether defendant voluntarily consented to law enforcement officers' search of his backpack.
Jackson v. Home Depot U.S.A., Inc., (334A23 - Published) Author: Justice Richard Dietz
Whether N.C.G.S. 25A-37, the anti-referral sales statute, only protects a purchaser who shows 'inducement' and whether the trial court erred in certifying a class.
Moseley v. Hendricks, (63A24 - Published) Author: Justice Trey Allen (View COA Opinion)
Whether plaintiff was contributorily negligent as a matter of law when his risk of being struck by a golf ball at a driving range was open and obvious.
Durbin v. Durbin, (78A24 - Published) Author: Justice Allison Riggs (View COA Opinion)
Whether escalating conflict and an unwillingness to communicate for the welfare of the child constitutes a substantial change in circumstances supporting a modification of a child custody order.
Schroeder v. Oak Grove Farm Homeowners Ass'n, (123PA24 - Published) Author: Justice Anita Earls (View COA Opinion)
Whether the Court of Appeals erred in reversing the trial court's order denying a motion for judgment notwithstanding the verdict, where the jury determined that homeowners' chickens were not household pets and therefore were prohibited by a restrictive covenant barring poultry.
N.C. Bar and Tavern Ass'n v. Stein, (126PA24 - Published) Author: Justice Phil Berger Jr. (View COA Opinion)
Whether the Court of Appeals erred in vacating an order of summary judgment and whether the Court of Appeals erred in affirming the state statutory claims.
In re E.H., (188PA24 - Published) Author: Justice Richard Dietz (View COA Opinion)
Whether the Court of Appeals erred by vacating the neglect adjudication of a juvenile whose sibling was abused.

IN ADDITION TO THE ABOVE LISTED OPINIONS, THE COURT CONSIDERED 206 OTHER MATTERS. THE OTHER MATTERS MAY INCLUDE, BUT ARE NOT LIMITED TO, NOTICES OF APPEALS BASED UPON CONSTITUTIONAL QUESTIONS, PETITIONS FOR DISCRETIONARY REVIEW, PETITIONS FOR WRIT OF CERTIORARI IN DEATH CASES, DEATH STAYS, PETITIONS FOR WRITS OF CERTIORARI IN OTHER CRIMINAL AND CIVIL CASES, PETITIONS FOR WRITS OF SUPERSEDEAS, MOTIONS FOR TEMPORARY STAYS, PETITIONS FOR WRITS OF MANDAMUS, PETITIONS FOR WRITS OF HABEAS CORPUS, PETITIONS FOR WRIT OF MANDAMUS, MOTIONS FOR APPROPRIATE RELIEF, AND DIRECT APPEALS FROM DECISIONS OF THE JUDICIAL STANDARDS COMMISSION AND THE UTILITIES COMMISSION. THE COURT ALSO CONSIDERS MOTIONS FOR EXTENSIONS OF TIME AND MOTIONS TO AMEND ON A DAILY BASIS. SUCH "ROUTINE" MOTIONS ARE NOT INCLUDED IN THE PETITION LIST PUBLISHED BY THE COURT EACH MONTH.

Filed: 23 May 2025
Mandate: 12 June 2025
Zip File of Published Opinions
Headnote Index: 23 May 2025

Case Title / Description
State v. Hunt, (280A24 - Published) Author: Per Curiam (View COA Opinion)
Whether defendant satisfied the prejudice prong for plain error where a law enforcement officer testifying as a lay witness gave his opinion regarding defendant's intent at the time of an accident.
In re Kimble, (321A24 - Published) Author: Per Curiam
Review of recommendation for censure.
State v. Melton, (170A24 - Published) Author: Per Curiam (View COA Opinion)
Whether the Court of Appeals' majority erred in holding that the trial court did not commit structural error in denying defendant's court-appointed counsel's motion to withdraw for defendant to hire counsel of his own choosing.
White v. N.C. Dep't of Health & Hum. Servs., (140A24 - Published) Author: Per Curiam (View COA Opinion)
Whether the Court of Appeals erred in reversing the superior court's order in which it determined that petitioners are entitled to receive adoption assistance benefits several years after the adoption was finalized.
In re L.C., (108PA24 - Published) Author: Justice Paul Newby (View COA Opinion)
Whether the Court of Appeals erred in vacating the trial court's adjudication order and remanding for additional factual findings about how respondent-mother's actions impaired or substantially risked impairing the welfare of her juvenile daughter.
Hanson v. Charlotte-Mecklenburg Bd. of Educ., (70PA24 - Published) Author: Per Curiam (View COA Opinion)
Whether the Court of Appeals erred in holding that defendant must pay an employer-funded 5% contribution under N.C.G.S. 143-166.50(e).
State v. Chambers, (56PA24 - Published) Author: Justice Paul Newby (View COA Opinion)
Whether substitution of an alternate juror during guilt deliberations in a criminal trial violates a defendant's constitutional right to a jury of twelve.
State v. Bowman, (49A24 - Published) Author: Justice Allison Riggs (View COA Opinion)
Whether the Court of Appeals erred by determining the trial court committed plain error by instructing the jury once on first-degree forcible sexual offense where the defendant was indicted for two counts of first-degree forcible sexual offense.
Jones v. J. Kim Hatcher Ins. Agencies, Inc., (264A23 - Published) Author: Justice Anita Earls (View COA Opinion)
Whether the Court of Appeals erred in reversing dismissal of a claim for negligence at the 12(b)(6) stage based on contributory negligence and in affirming dismissal of a claim for punitive damages.
Hwang v. Cairns, (58PA23 - Published) Author: Justice Phil Berger Jr. (View COA Opinion)
Whether public official immunity applies to a medical director at a state university and whether summary judgment was proper.

IN ADDITION TO THE ABOVE LISTED OPINIONS, THE COURT CONSIDERED 133 OTHER MATTERS. THE OTHER MATTERS MAY INCLUDE, BUT ARE NOT LIMITED TO, NOTICES OF APPEALS BASED UPON CONSTITUTIONAL QUESTIONS, PETITIONS FOR DISCRETIONARY REVIEW, PETITIONS FOR WRIT OF CERTIORARI IN DEATH CASES, DEATH STAYS, PETITIONS FOR WRITS OF CERTIORARI IN OTHER CRIMINAL AND CIVIL CASES, PETITIONS FOR WRITS OF SUPERSEDEAS, MOTIONS FOR TEMPORARY STAYS, PETITIONS FOR WRITS OF MANDAMUS, PETITIONS FOR WRITS OF HABEAS CORPUS, PETITIONS FOR WRIT OF MANDAMUS, MOTIONS FOR APPROPRIATE RELIEF, AND DIRECT APPEALS FROM DECISIONS OF THE JUDICIAL STANDARDS COMMISSION AND THE UTILITIES COMMISSION. THE COURT ALSO CONSIDERS MOTIONS FOR EXTENSIONS OF TIME AND MOTIONS TO AMEND ON A DAILY BASIS. SUCH "ROUTINE" MOTIONS ARE NOT INCLUDED IN THE PETITION LIST PUBLISHED BY THE COURT EACH MONTH.

Filed: 21 March 2025
Mandate: 10 April 2025
Zip File of Published Opinions
Headnote Index: 21 March 2025

Case Title / Description
State v. Borlase, (33A24 - Published) Author: Justice Phil Berger Jr. (View COA Opinion)
Whether the Court of Appeals conducted an appropriate review of the sentencing court's conclusion that defendant's sentence was constitutionally sufficient under Miller v. Alabama, 567 U.S. 460 (2012).
State v. Bell, (86A02-2 - Published) Author: Justice Tamara Barringer
Whether defendant's J.E.B. claim is preserved and whether the claim was procedurally barred.
State v. Sims, (297PA18 - Published) Author: Justice Phil Berger Jr. (View COA Opinion)
Whether the sentencing court's findings of the mitigating factors under N.C.G.S. 15A-1340.19B support defendant's juvenile sentence to life without parole, and whether defendant's claims under J.E.B. v. Alabama ex rel. T.B., 511 U.S. 127 (1994) are procedurally barred under N.C.G.S. 15A-1419(a)(3).
Ashe County v. Ashe Cnty. Plan. Bd., (249PA19-2 - Published) Author: Justice Allison Riggs (View COA Opinion)
Whether the Court of Appeals erred in holding that a land developer was not entitled to the benefit of permit choice based on its determination of application completeness and the existence of a now-expired moratorium.
Lannan v. Bd. of Governors of the Univ. of N.C., (316PA22 - Published) Author: Justice Trey Allen (View COA Opinion)
Whether the Court of Appeals erred in affirming the denial of the University's motion to dismiss plaintiffs' breach of contract claims.
State v. Fenner, (289PA23 - Published) Author: Justice Richard Dietz (View COA Opinion)
Whether the trial court complied with N.C.G.S. 15A-1242 where it informed a defendant who sought to proceed pro se only of the harshest sentences he faced and miscalculated the maximum sentence by two years, but both the potential sentence and the actual sentence amounted to life in prison.
State v. Macon, (10PA24 - Published) Author: Per Curiam (View COA Opinion)
Whether the trial court complied with N.C.G.S. 15A-1242 where it informed a defendant of a miscalculated the maximum sentence.
Vanguard Pai Lung, LLC v. Moody, (15A24 - Published) Author: Justice Richard Dietz
Whether defendants adequately preserved arguments in their post-trial motion for judgment notwithstanding the verdict where those arguments were not specifically articulated in their corresponding motion for directed verdict.
State v. Gregory, (23A24 - Published) Author: Per Curiam (View COA Opinion)
Whether the trial court erred in limiting cross-examination of the State's expert witness.
Smith v. Smith, (79A24 - Published) Author: Justice Trey Allen (View COA Opinion)
Whether the Court of Appeals erred by affirming the trial court's decision to classify a tract of land as defendant's separate property.
State v. Miller, (81A24 - Published) Author: Per Curiam (View COA Opinion)
Whether the Court of Appeals erred in determining that the trial court did not err in (1) denying defendant's motion to dismiss the charge under N.C.G.S. 90-95(h)(4) and (2) instructing the jury that opioids were included in the definition of 'opium or opiate' under N.C.G.S. 90-95(h)(4).
Happel v. Guilford Cnty. Bd. of Educ., (86PA24 - Published) Author: Justice Paul Newby (View COA Opinion)
Whether the federal PREP Act preempts all state law claims, including those brought under the state constitution.
Ayers v. Currituck Cnty. Dep't of Soc. Servs., (110A24 - Published) Author: Per Curiam (View COA Opinion)
Whether unacceptable personal conduct provided just cause for termination of a state employee.
Charles Schwab & Co. v. Marilley, (210A24 - Published) Author: Per Curiam
Whether the Business Court erred in ruling that the parties' intrafamilial dispute fell outside the scope of their arbitration agreement with Charles Schwab.

IN ADDITION TO THE ABOVE LISTED OPINIONS, THE COURT CONSIDERED 275 OTHER MATTERS. THE OTHER MATTERS MAY INCLUDE, BUT ARE NOT LIMITED TO, NOTICES OF APPEALS BASED UPON CONSTITUTIONAL QUESTIONS, PETITIONS FOR DISCRETIONARY REVIEW, PETITIONS FOR WRIT OF CERTIORARI IN DEATH CASES, DEATH STAYS, PETITIONS FOR WRITS OF CERTIORARI IN OTHER CRIMINAL AND CIVIL CASES, PETITIONS FOR WRITS OF SUPERSEDEAS, MOTIONS FOR TEMPORARY STAYS, PETITIONS FOR WRITS OF MANDAMUS, PETITIONS FOR WRITS OF HABEAS CORPUS, PETITIONS FOR WRIT OF MANDAMUS, MOTIONS FOR APPROPRIATE RELIEF, AND DIRECT APPEALS FROM DECISIONS OF THE JUDICIAL STANDARDS COMMISSION AND THE UTILITIES COMMISSION. THE COURT ALSO CONSIDERS MOTIONS FOR EXTENSIONS OF TIME AND MOTIONS TO AMEND ON A DAILY BASIS. SUCH "ROUTINE" MOTIONS ARE NOT INCLUDED IN THE PETITION LIST PUBLISHED BY THE COURT EACH MONTH.

Filed: 31 January 2025
Mandate: 20 February 2025
Zip File of Published Opinions
Headnote Index: 31 January 2025

Case Title / Description
State v. Tirado, (267PA21 - Published) Author: Justice Paul Newby (View COA Opinion)
Whether the Court of Appeals failed to consider defendant's state constitutional challenge to his sentences of life imprisonment without parole and whether the resentencing order complied with state constitutional requirements.
James H.Q. Davis Tr. v. JHD Props., LLC, (32PA24 - Published) Author: Justice Tamara Barringer
Whether the Business Court erred in ordering an entry of summary judgment in favor of plaintiffs on plaintiffs' complaint seeking judicial dissolution of the manager-managed LLCs, pursuant to N.C.G.S. 57D-6-02(2)(i), because continued operation of the LLCs in conformance with the operating agreements was 'not practicable.'
State v. Lester, (293PA23-2 - Published) Author: Justice Anita Earls (View COA Opinion)
Whether the Confrontation Clause and hearsay rules barred admission of cell phone records at trial.
Cohane v. Home Missioners of Am., (278A23 - Published) Author: Justice Anita Earls (View COA Opinion)
Whether section 4.2(b) of the SAFE Child Act's revival of claims 'for child sexual abuse otherwise time-barred' by a three-year statute of limitations encompasses claims against defendants who did not directly commit the alleged abuse.
Doe v. Roman Cath. Diocese, (168PA22 - Published) Author: Justice Richard Dietz (View COA Opinion)
Whether an act of the General Assembly that purports to set aside a final judgment of the judicial branch violates separation of powers principles in the North Carolina Constitution.
Doe 1K v. Roman Cath. Diocese, (167PA22 - Published) Author: Justice Richard Dietz (View COA Opinion)
Whether an act of the General Assembly that purports to set aside a final judgment of the judicial branch violates separation of powers principles in the North Carolina Constitution.
McKinney v. Goins, (109PA22-2 - Published) Author: Justice Paul Newby (View COA Opinion)
Whether the SAFE Child Act's revival of previously time-barred civil claims was facially unconstitutional.