Supreme Court Opinions


Filed: 22 March 2024
Mandate: 11 April 2024
Zip File of Published Opinions
Headnote Index: 22 March 2024

Case Title / Description
State v. Walker, (202PA22 - Published) Author: Justice Tamara Barringer (View COA Opinion)
Whether the Court of Appeals properly affirmed the denial of defendant's motion for appropriate relief.
In re Foster, (347A23 - Published) Author: Per Curiam
Review of recommendation for suspension.
In re A.H., (194A23 - Published) Author: Per Curiam (View COA Opinion)
Whether the Court of Appeals erred by reversing the trial court's order adjudicating as neglected and dependent a child whose father abandoned his pursuit of her after she ran across a busy road.
Halikierra Cmty. Servs. LLC v. N.C. Dep't of Health & Hum. Servs., (59A23 - Published) Author: Justice Allison Riggs
Whether plaintiff demonstrated genuine issues of material fact sufficient to survive summary judgment on claims that defendant North Carolina Department Health and Human Services arbitrarily and capriciously placed plaintiff on Medicaid prepayment review in violation of its state constitutional substantive due process and equal protection rights.
Bradshaw v. Maiden, (52A23 - Published) Author: Per Curiam (View COA Opinion)
Whether the Court of Appeals erred in affirming the trial court's orders on defendants' motion to dismiss and motion for summary judgment.
State v. Boyette, (43PA23 - Published) Author: Per Curiam (View COA Opinion)
Whether the Court of Appeals erred in holding that the exclusionary rule does not apply in probation revocation hearings.
Terry v. Pub. Serv. Co. of N.C., (28A23 - Published) Author: Justice Tamara Barringer (View COA Opinion)
Whether the Court of Appeals erred by reversing an entry of summary judgment in favor of defendant on plaintiff's claims of common law negligence, negligence per se, violation of the North Carolina Residential Rental Agreements Act, and breach of the implied warranty of habitability.
Beavers v. McMican, (294A22 - Published) Author: Justice Anita Earls (View COA Opinion)
Whether post-separation conduct can be used to corroborate pre-separation conduct in alienation of affection and criminal conversation claims and whether the pre-separation evidence in this case gave rise to more than mere conjecture that defendant was plaintiff's wife's alleged paramour.
N.C. Farm Bureau Mut. Ins. Co. v. Hebert, (281A22 - Published) Author: Justice Paul Newby (View COA Opinion)
Whether an underinsured motorist coverage claimant who owned the at fault vehicle but was not the tortfeasor may stack multiple underinsured motorist coverage policies inter policy when determining whether his vehicle is an underinsured highway vehicle under N.C.G.S. 20 279.21(b)(4).
Slattery v. Appy City, LLC, (218A22 - Published) Author: Justice Paul Newby
Whether moving to claim exempt property after entry of a judgment without raising a defense of insufficient service of process is a general appearance in the underlying action that waives objections to personal jurisdiction and the sufficiency of service of process.
Washington v. Cline, (148PA14-2 - Published) Author: Justice Richard Dietz
Whether a plaintiff may pursue a direct constitutional claim under the North Carolina Constitution against state actors for monetary damages in response to a violation of his right to a speedy trial.
Surgeon v. TKO Shelby, LLC, (198A22 - Published) Author: Justice Richard Dietz
Whether the trial court abused its discretion by certifying a class.
Upchurch v. Harp Builders, Inc., (176PA22 - Published) Author: Justice Trey Allen (View COA Opinion)
Whether the Court of Appeals erred in holding that defendant's compulsory counterclaim for injuries sustained in an automobile accident was barred by the statute of limitations established in N.C.G.S. 1-52(16).
Kluttz-Ellison v. Noah's Playloft Preschool, (173PA22 - Published) Author: Justice Richard Dietz (View COA Opinion)
Whether the Court of Appeals applied the proper legal test to determine whether a medical treatment is directly related to a compensable injury in a workers' compensation case.
State v. Jordan, (124PA22 - Published) Author: Justice Richard Dietz (View COA Opinion)
Whether the Court of Appeals erred by not placing the burden on the defendant to prove he had a reasonable expectation of privacy in a house.
Soc'y for the Hist. Pres. of the Twenty-sixth N.C. Troops, Inc. v. City of Asheville, (123PA22 - Published) Author: Justice Phil Berger Jr. (View COA Opinion)
Whether historical preservation group's complaint against the City of Asheville was sufficient to survive dismissal.
Est. of Graham v. Lambert, (113A22 - Published) Author: Justice Anita Earls (View COA Opinion)
Whether the Court of Appeals properly held that a municipality waived governmental immunity because the complaint sufficiently plead waiver, and whether summary judgment was properly awarded for a municipality and a police officer on claims brought under N.C.G.S. 20-145.
N.C. Farm Bureau Mut. Ins. Co. v. Lanier L. Grp., P.A., (235PA21 - Published) Author: Per Curiam (View COA Opinion)
Whether a lawsuit filed against the insured triggers a duty to defend because it concerns an 'advertising injury' under the terms of an excess policy of insurance issued by the insurance company and whether exclusions apply.
Taylor v. Bank of America, N.A., (102A20-3 - Published) Author: Justice Paul Newby (View COA Opinion)
Whether plaintiffs knew or reasonably should have known of their injuries and defendant's alleged fraud such that the statute of limitations was not tolled and plaintiffs' claims are time barred.

IN ADDITION TO THE ABOVE LISTED OPINIONS, THE COURT CONSIDERED 268 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.