Supreme Court Opinions
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Filed: 16 August 2019 Mandate: 5 September 2019 Zip File of Published Opinions Case Title / Description | |
| State v. Diaz, (412PA17 - Published)
(View COA Opinion) Whether a nineteen-year-old defendant should receive a new trial after being convicted of child abduction and statutory rape of a fourteen-year-old girl; whether the trial court committed prejudicial error by admitting a copy of defendant's affidavit of indigency at trial, thereby establishing defendant's age, which was an essential element of these offenses. | |
| State v. Courtney, (160PA18 - Published)
(View COA Opinion) Whether double jeopardy prevented defendant from being tried for murder a second time after his first trial ended in a mistrial because of a deadlocked jury and the State then voluntarily dismissed the charge under N.C.G.S. 15A-931. | |
| In re Z.L.W., (116A19 - Published)
Termination of parental rights; whether the trial court abused its discretion by concluding that terminating respondent's parental rights was in the best interests of the juveniles. | |
| Crowell v. Crowell, (31A18 - Published)
(View COA Opinion) Divorce proceedings; appeal from trial court's equitable distribution judgment and order; application of N.C.G.S. 50-20; whether the trial court failed to join necessary parties to the equitable distribution action. | |
| State v. Parisi, (65A17-2 - Published)
(View COA Opinion) Appeal from district and superior court orders granting defendant's motions to suppress and dismissing a charge of driving while impaired; whether the Court of Appeals majority erred by (1) concluding that police had probable cause to arrest and charge defendant with driving while impaired and (2) reversing and remanding the lower courts' orders to the contrary. | |
| In re B.O.A., (264PA18 - Published)
(View COA Opinion) Termination of parental rights; whether the trial court's findings of fact supported its conclusion of law that respondent-mother's parental rights should be terminated pursuant to N.C.G.S. 7B-1111(a)(2). | |
| State v. Osborne, (355PA18 - Published)
(View COA Opinion) Whether the State presented sufficient evidence that a rock-like substance found in defendant's hotel room was heroin even though the State did not conduct a scientifically valid chemical analysis of the substance. | |
| In re T.T.E., (238A18 - Published)
(View COA Opinion) Appeal from adjudication and disposition orders finding the juvenile was delinquent based on charges of disorderly conduct and resisting a public officer; whether the trial court erred in not dismissing the charges for insufficient evidence; whether the Court of Appeals erred in vacating the trial court's orders. | |
| State v. McDaniel, (161A18 - Published)
(View COA Opinion) Appeal from convictions for breaking and entering and larceny after breaking and entering; whether the State presented sufficient evidence to support defendant's convictions based on the doctrine of recent possession of the stolen goods. | |
| State v. Terrell, (55A18 - Published)
(View COA Opinion) Appeal from defendant's convictions for child sexual offenses following the trial court's denial of his motion to suppress evidence of images recovered from a USB thumb drive owned by him; extent to which the private-search doctrine authorized police to conduct a warrantless search of data stored on the thumb drive; whether there was probable cause for police to obtain a warrant to conduct a further search of the thumb drive. | |
| In re T.N.H., (92A19 - Published)
Termination of parental rights; whether the trial court received sufficient evidence and made adequate findings of fact to support an adjudication of grounds under N.C.G.S. 7B-1111(a)(5) and (9). | |
| State v. Bowman, (274A18 - Published)
(View COA Opinion) Appeal from convictions for first-degree murder (noncapital) and related firearms offenses; whether the trial court violated defendant's Sixth Amendment right to confront the principal witness against him, and if so, whether the error was not harmless beyond a reasonable doubt, thus entitling defendant to a new trial. | |
| State v. Grady, (179A14-3 - Published)
(View COA Opinion) Appeal from order imposing lifetime satellite-based monitoring on a defendant found to be a recidivist; whether the Court of Appeals erred by determining that, under the circumstances, the trial court's order effected an unreasonable search in violation of defendant's rights under the Fourth Amendment. | |
| State v. Morgan, (150A18 - Published)
(View COA Opinion) Whether the trial court erred in revoking defendant's probation under N.C.G.S. 15A-1344(f) after his probationary term expired; whether the trial court made a sufficient finding of 'good cause shown and stated' to comply with N.C.G.S. 15A-1344(f)(3). | |
| In re L.E.M., (383A18 - Published)
(View COA Opinion) Appeal from dismissal of respondent-father's appeal from an order terminating his parental rights; whether the Court of Appeals was required to conduct an independent review of the merits of the father's arguments after his appellate counsel submitted a no-merit brief pursuant to Appellate Rule 3.1. | |
| In re E.H.P., (70A19 - Published)
Termination of parental rights; whether the trial court erred by finding there was sufficient evidence of respondent's willful failure to pay child support or that respondent willfully abandoned his children; whether the trial court abused its discretion in determining the children's best interests. | |
| State v. Lewis, (140PA18 - Published)
Motion to suppress evidence seized from defendant's house and vehicle; whether the affidavit for the search warrant contained sufficient information to establish probable cause to conduct the searches. | |
IN ADDITION TO THE ABOVE LISTED OPINIONS, THE COURT CONSIDERED 279 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. | |
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Filed: 14 June 2019 Mandate: 5 July 2019 Zip File of Published Opinions Case Title / Description | |
| Sykes v. Health Network Sols., Inc., (251PA18 - Published)
Appeal from orders and opinions of N.C. Business Court dismissing plaintiffs' complaint for antitrust and related violations because of plaintiffs' failure to properly plead that defendants have market power within the relevant market. | |
| Sykes v. Blue Cross & Blue Shield of N.C., (248A18 - Published)
Appeal from order and opinion of N.C. Business Court dismissing plaintiffs' complaint for antitrust and related violations because of plaintiffs' failure to properly plead that defendants have market power within the relevant market. | |
| Town of Nags Head v. Richardson, (244A18 - Published)
(View COA Opinion) Dispute between a municipality and property owners over the Town's taking of a temporary easement in privately owned oceanfront property for a beach nourishment project; amount of compensation due the property owners; expert testimony on value of the interest taken; whether sufficient evidence supported the jury's determination of the amount to be awarded the property owners. | |
| State v. Alvarez, (299A18 - Published)
(View COA Opinion) Whether the State presented sufficient evidence to survive defendant's motions to dismiss a charge of maintaining a vehicle for the purpose of keeping or selling a controlled substance. | |
| State v. Harvey, (290A18 - Published)
(View COA Opinion) Appeal from conviction for second-degree murder; whether the evidence, although conflicting, was sufficient to satisfy defendant's burden to submit the issue of self-defense to the jury; whether the trial court erred in not submitting the instruction. | |
IN ADDITION TO THE ABOVE LISTED OPINIONS, THE COURT CONSIDERED 134 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. | |
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Filed: 10 May 2019 Mandate: 30 May 2019 Zip File of Published Opinions Case Title / Description | |
| In re E.D., (125PA18 - Published)
(View COA Opinion) Appeal from a decision of the Court of Appeals vacating an order authorizing respondent's continued involuntary commitment for failure to comply with N.C.G.S. 122C-266; whether the issue on appeal was automatically preserved and if so, whether respondent was required to show prejudice before the order could be vacated. | |
| State v. Bursell, (124A18 - Published)
(View COA Opinion) Whether defendant preserved his constitutional challenge based on Grady v. North Carolina to the imposition of lifetime satellite-based monitoring after he pleaded guilty to statutory rape and indecent liberties; whether the Court of Appeals erred in invoking Appellate Rule 2 to consider defendant's argument on appeal if this issue was not properly preserved. | |
| State v. Mills, (526A13-2 - Published)
(View COA Opinion) Appeal from Court of Appeals decision reversing lower court's denial of defendant's motion for appropriate relief following his conviction for sexual offenses against a minor; whether the court erred in admitting testimony at trial under Evidence Rule 404(b) regarding defendant's alleged prior sexual misconduct; whether defendant's appellate counsel provided ineffective assistance by failing to argue plain error in admission of that evidence, thus causing the COA to dismiss defendant's direct appeal from his convictions. | |
| State v. Daniel, (164A18 - Published)
(View COA Opinion) Appeal from trial court's order allowing defendant's motion to suppress evidence found after a traffic stop; whether the trooper who detained defendant for speeding and then arrested him for DWI had probable cause to arrest defendant for DWI. | |
| Wells Fargo Ins. Servs. USA v. Link, (300A18 - Published)
Appeal from order and opinion of N.C. Business Court granting in part and denying in part motion to dismiss plaintiff's claims for breach of contract, misappropriation of trade secrets, tortious interference with contractual relations, and unfair and deceptive trade practices. | |
| In re Smith, (419A18 - Published)
Review of recommendation for public reprimand | |
| State v. White, (396PA17 - Published)
(View COA Opinion) Appeal from conviction for child sex offense; whether the superseding short-form indictment charging defendant was facially defective because it did not refer to the alleged victim by name. | |
| State v. Mumma, (90PA18 - Published)
(View COA Opinion) Appeal from conviction for second-degree murder; whether the trial court committed prejudicial error by sending numerous pictures of the decedent's body into the jury room; plain error review of the trial court's jury instructions concerning the aggressor doctrine in relation to defendant's claim of self-defense. | |
| Piazza v. Kirkbride, (181A16 - Published)
(View COA Opinion) Civil liability of director of bankrupt company under N.C.G.S. 78A-56(a)(2); whether the Director Safe Harbor provision of N.C.G.S. 55-8-30 provides a defense; whether the director found liable should receive a new trial because the trial court entered judgment on inconsistent jury verdicts. | |
| State v. Lofton, (143PA18 - Published)
(View COA Opinion) Whether an indictment charging defendant with manufacturing marijuana in violation of N.C.G.S. 90-95(a)(1) was fatally defective because it did not allege an 'intent to distribute.' | |
| State v. J.C., (405PA17 - Published)
Whether the Court of Appeals erred in dismissing the State's appeal from a trial court's order expunging records of petitioner-defendant's conviction for one count of indecent liberties. | |
IN ADDITION TO THE ABOVE LISTED OPINIONS, THE COURT CONSIDERED 182 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. | |
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Filed: 29 March 2019 Mandate: 18 April 2019 Zip File of Published Opinions Case Title / Description | |
| State v. Phachoumphone, (65PA18 - Published)
(View COA Opinion) Whether the State presented sufficient evidence to survive defendant's motions to dismiss the charges for which he was convicted; whether the trial court committed prejudicial error in allowing the alleged child victim to testify remotely or in not intervening ex mero motu in certain closing arguments by the prosecutor. | |
| Preiss v. Wine & Design Franchise, LLC, (390A18 - Published)
Appeal from order of N.C. Business Court sanctioning counsel under Rule of Civil Procedure 37(d). | |
| County of Durham ex rel. Wilson v. Burnette, (404A18 - Published)
(View COA Opinion) Show cause hearing on whether to hold defendant in civil contempt for willful failure to pay current and past child support obligations; whether the district court's findings of fact supported its conclusion that defendant should be held in contempt; whether the findings were sufficient to show that defendant had the present ability to financially satisfy the conditions required to purge the contempt. | |
| State v. Tart, (427PA17 - Published)
(View COA Opinion) Appeal from convictions for attempted murder and assault with a deadly weapon with intent to kill inflicting serious injury; whether the short-form indictment charging attempted murder was fatally defective; whether the trial court erred in not intervening ex mero motu in the State's closing arguments. | |
IN ADDITION TO THE ABOVE LISTED OPINIONS, THE COURT CONSIDERED 182 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. | |
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Filed: 1 February 2019 Mandate: 21 February 2019 Zip File of Published Opinions Case Title / Description | |
| Saunders v. ADP TotalSource Fi Xi, Inc., (399PA16 - Published)
(View COA Opinion) Workers' Compensation; whether, when reviewing an appeal from an Industrial Commission decision that an attorney's fee was unreasonable, the superior court exceeded its authority under N.C.G.S. 97-90(c) and thus lacked subject-matter jurisdiction over the appeal. | |
| In re J.A.M., (7PA17-2 - Published)
(View COA Opinion) Appeal from a decision of the Court of Appeals that, on remand from this Court, affirmed a trial court's adjudication of neglect of a minor child; whether clear and convincing evidence supported the findings of fact on which the order was based. | |
| Pachas v. N.C. Dep't of Health & Human Servs., (144A18 - Published)
(View COA Opinion) Action seeking trial court's enforcement of its previous order requiring DHHS to use the federal poverty level for a family when determining petitioner's income eligibility for Medicaid benefits; whether the trial court properly dismissed the action for lack of jurisdiction because petitioner did not exhaust her administrative remedies before taking the issue directly to court. | |
| State v. Thompson, (24A18 - Published)
(View COA Opinion) Appeal from convictions for violations of the Controlled Substances Act following defendant's guilty plea; whether the trial court erred in denying defendant's motion to suppress incriminating evidence recovered from the trunk of his car; whether defendant was 'seized' within the meaning of the Fourth Amendment. | |
| State v. Gentle, (240A18 - Published)
(View COA Opinion) Appeal by defendant from order imposing lifetime satellite-based monitoring on grounds that the trial court did not make a finding of 'reasonableness' before ordering SBM; whether the Court of Appeals erred by dismissing defendant's untimely appeal from the trial court's order, to which he did not object at trial. | |
IN ADDITION TO THE ABOVE LISTED OPINIONS, THE COURT CONSIDERED 149 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. |