North Carolina Court of Appeals: Unpublished Opinions as Citation Authority

• The North Carolina Court of Appeals has issued an unpublished opinion that does not constitute controlling legal authority.
• Citation to unpublished opinions is disfavored but may be permitted under specific circumstances, as governed by Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure.
• Lawyers and litigants should exercise caution when relying on unpublished opinions as citation authority, due to their limited value in shaping the law.

The use of unpublished opinions can be a double-edged sword – while they may provide valuable insights, they also risk perpetuating uncertainty and confusion in the law.

A recent unpublished opinion from the North Carolina Court of Appeals has sparked debate among legal professionals about the use of such opinions as citation authority. The case, State v. Graves, with the assigned number COA25-635, has not been published by the North Carolina Court of Appeals as of August 5, 2026. While the opinion itself is not publicly available, its implications for lawyers and litigants are significant.

The North Carolina Rules of Appellate Procedure, specifically Rule 30(e)(3), govern the use of unpublished opinions as citation authority. According to this rule, citation is disfavored but may be permitted in certain circumstances. This nuanced approach reflects the court's recognition that unpublished opinions do not constitute controlling legal authority. In fact, the North Carolina Court of Appeals has consistently emphasized the limited value of such opinions in shaping the law.

The State v. Graves opinion serves as a reminder to lawyers and litigants about the importance of carefully considering the use of unpublished opinions as citation authority. While these opinions may be useful for understanding the court's reasoning in specific cases, they should not be relied upon as controlling precedent without careful analysis and consideration of the relevant rules and regulations. As one legal expert noted, 'the use of unpublished opinions can be a double-edged sword – while they may provide valuable insights, they also risk perpetuating uncertainty and confusion in the law.'

Lawyers should be cautious when citing unpublished opinions from the North Carolina Court of Appeals, as they do not constitute controlling legal authority and may only be permitted under specific circumstances.

Source: Original reporting via North Carolina Court of Appeals