Supreme Court Opinions

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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) Author: Per Curiam (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) Author: Per Curiam
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) Author: Per Curiam (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) Author: Justice Michael Morgan (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.

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) Author: Justice Robin Hudson (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) Author: Justice Robin Hudson (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) Author: Justice Robin Hudson (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) Author: Per Curiam (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) Author: Per Curiam (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.