Court of Appeals Opinions
Filed: 19 March 2024 Mandate: 8 April 2024 Zip File of Published Opinions Case Title / Description | |
Builders Mut. Ins. Co. v. Neibel (23-240 - Published)
summary judgment; service by publication; due diligence | |
Costanzo v. Currituck Cnty. (22-699 - Published)
ultra vires; occupancy taxes; judgment; discretion; summary judgment; general public services; statutory construction; legislative intent; plain meaning; declaratory judgment. | |
eDealer Servs., LLC v. N.C. Dep't of Transp. (23-680 - Published)
administrative law; standards of review; findings of fact; administrative procedures act; information technology contracts | |
Green v. Carter (22-494 - Published)
child support, statutory interpretation, collateral estoppel, primary liability, secondary liability, in loco parentis | |
Hudson v. Hudson (22-1000 - Published)
child support, alimony, recusal, Rule 63 | |
In re: Oak Meadows Cmty. Ass'n (23-728 - Published)
property tax exemption; "provide housing"; statutory interpretation | |
In re: X.M., M.M., M.M., P.C. (23-655 - Published)
Termination of Parental Rights; N.C. Gen. Stat § 7B-1111(a)(2); Substance Abuse; Transcription Error; Failure to Support; | |
N.C. State Conf. of the NAACP v. Alamance Cnty. (23-262 - Published)
Confederate monument, open courts clause, equal protection clause, NC Constitution | |
Perryman v. Town of Summerfield (23-40 - Published)
N.C.G.S. 1-521; taxpayer standing; N.C. R Civ P 12(b)(1); N.C. R Civ P 12(b)(6); quo warranto; collateral attack; res judicata; collateral estoppel. | |
State v. Bivins (23-550 - Published)
Possession of Methamphetamine; Prior Record Level; Obtaining Habitual Felon Status; Plea Agreement; State conceded sentencing error; | |
State v. Jackson (23-727 - Published)
Motion to suppress; plain feel doctrine; pill bottles; probable cause; totality of the circumstances; inevitable discovery; material conflict in the evidence; inferred findings of fact. | |
State v. Jackson (23-636 - Published)
felony murder; motion to dismiss; plain error; jury instructions; defense of necessity | |
State v. McLawhon (23-814 - Published)
statutory sexual offense with a child by an adult, sexual act by a substitute parent or custodian, indecent liberties with a child, plain error, testimony, pre-arrest silence, cross-examination | |
State v. Shelton (23-729 - Published)
Sexual exploitation of a minor; sufficiency of circumstantial evidence; sexual activity; lascivious depiction of pubic area; photographs not admitted at trial | |
State v. Templeton (23-443 - Published)
defense of necessity; jury instruction; affirmative defense | |
Sternola v. Aljian (23-266 - Published)
Custody order; Taking Judicial Notice; Adjudicative Facts; Imputed Income; Delayed Entry of Order; | |
Warren v. Snowshoe LTC Grp., LLC (22-595 - Published)
N.C.R. Civ. P. 6(b), N.C.R. Civ. P. 41(a), statute of limitations, appellate rules violations, certiorari | |
Unpublished Opinions 19 March 2024 - Rule 30e - Zip File of Unpublished Opinions Mandate: 8 April 2024 | |
Burleson v. Burleson (23-187 - Unpublished)
Rule 11; award; attorney's fees; separation; mediation; frivolous claim; divorce; summary judgment. | |
Fletcher Hosp. Inc. v. N.C. Dep't of Health & Hum. Servs. (23-672 - Unpublished)
summary judgment; certificate of need; N.C.G.S. § 131E-185(a1)(2); public hearing requirement; COVID-19 pandemic; public policy concerns; N.C.G.S. § 150B-23(a); contested case hearing; agency error; substantial prejudice; discrete requirements; no automatic prejudice | |
In re: A.A.C., A.G.C., E.C.C. (23-355 - Unpublished)
termination of parental rights; N.C. Gen. Stat. 7B-1111(a)(7); willful abandonment | |
In re: A.Z.M.M. (23-539 - Unpublished)
notary, expiration, judicial notice | |
In re: C.W.M. (23-702 - Unpublished)
termination of parental rights, willful failure to make reasonable progress, findings of fact | |
In re: D.G.E., L.M.A.E., A.R.E. (23-622 - Unpublished)
termination of parental rights, incarceration, reasonable progress | |
In re: E.D-A. (22-1002 - Unpublished)
termination of parental rights, residing in the home, motion for recusal | |
In re: E.G.C., P.K.C. (23-683 - Unpublished)
Rule 803(4); Fifth Amendment privilege against self-incrimination; N.C.G.S. § 7B-1111(a)(1) | |
In re: K.M.S. (23-787 - Unpublished)
placement; trial court; juvenile; best interest; ad litem; injuries; foster; visitation; no merit. | |
In re: L.L. (23-273 - Unpublished)
Rule 3.1; Juvenile Abuse Neglect Dependency Proceeding; Permanency Plan; Guardianship; No Abuse of Discretion, Competent Evidence, Clear and Convincing; Affirmed | |
In re: M.G.W. (23-271 - Unpublished)
petition for writ of certiorari, juvenile delinquency, findings of fact | |
In re: S.C. (23-615 - Unpublished)
appeal timeframes, motion to dismiss, provision providing greater punishment | |
In re: S.D.Z. (23-828 - Unpublished)
termination of parental rights; willful abandonment; private petition; best interests determination | |
In re: S.M.B. & G.B. (23-862 - Unpublished)
adjudication order, neglect, N.C. R. App. P. 3.1(e), no-merit brief | |
In re: Z.C. (23-835 - Unpublished)
Termination of parental rights; Adjudication; Disposition; N.C. Gen. Stat. § 7B-1111(a)(1); Neglect; Findings of Fact; Conclusions of law; Grounds for termination; Clear, cogent, and convincing evidence | |
Kean v. Kean (23-46 - Unpublished)
summary judgment; breach of contract; specific performance; contract interpretation | |
State v. Allison (23-635 - Unpublished)
castle doctrine, plain error, presumption of reasonableness, rebuttable | |
State v. Bennett (23-461 - Unpublished)
larceny of a firearm; assault with a deadly weapon; habitual felon; admissibility of felony conviction; intent | |
State v. Boyce (23-779 - Unpublished)
Jury Instructions; Flight; Ineffective Assistance of Counsel Claim; No Error. | |
State v. Burnette (23-162 - Unpublished)
Motion for Mistrial, Prior Record Level Determination | |
State v. Calderon (23-400 - Unpublished)
First Degree Murder; Premeditation and Deliberation; Motion to dismiss; Lack of Provocation; | |
State v. Conner (23-470 - Unpublished)
N.C. Gen. Stat. § 15A-1340.19B(a)(2); Life with the possibility of parole for juvenile offenders; 40-year bright-line rule; Defacto life without parole; Law of the case; N.C. Gen. Stat. § 15A-1354(a) (2023). | |
State v. Covington (23-480 - Unpublished)
motion for appropriate relief; Anders v. California; State v. Kinch; possible prejudicial error; wholly frivolous | |
State v. Crump (23-53 - Unpublished)
unauthorized use of a motor vehicle, reasonable suspicion, motion to suppress | |
State v. Hancock (23-758 - Unpublished)
Motion to Dismiss; N.C.G.S. § 90-95(a)(1) | |
State v. Jones (23-687 - Unpublished)
probation revocation; commission of a new criminal offense; no abuse of discretion | |
State v. Leggette (23-849 - Unpublished)
probation revocation; revocation post-expiration of probationary term; no finding of "good cause"; remand for findings | |
State v. Lewis (23-644 - Unpublished)
Alford plea; Anders brief; remand for correction of clerical errors | |
State v. Melvin (22-859 - Unpublished)
assault with deadly weapon inflicting serious injury, assault inflicting serious injury, deadly weapon | |
State v. Pate (23-738 - Unpublished)
Hearsay; clerical error | |
State v. Price (23-367 - Unpublished)
Restitution award; Remand for a new award; State conceded error; | |
State v. Rick (23-10 - Unpublished)
first degree murder, opinion testimony, testimony regarding truthfulness | |
State v. Swain (23-807 - Unpublished)
Anders brief; No meritorious issue; Dismissed | |
State v. Walker (23-681 - Unpublished)
attempted first-degree murder; robbery with a dangerous weapon; pro se defendant; waiver of the right to counsel; failure to sua sponte declare a mistrial; no error | |
Stroupe v. Wood (23-127 - Unpublished)
contributory negligence, directed verdict, jury instructions | |
The Est. of Teruyo Barry v. Blue (23-599 - Unpublished)
N.C. R. Civ. P. 59; N.C. R. Civ. P. 60; Motion to amend judgment; Motion to conform judgment; N.C. R. App. P. 10(a)(1)–(2); tortious interference with inheritance. | |
Venters v. Lanier (23-870 - Unpublished)
interlocutory appeal; order allowing motion to amend request for admissions and to reconsider summary judgment does not affect a substantial right. |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 34 PETITIONS AND 193 MOTIONS.
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Filed: 5 March 2024 Mandate: 25 March 2024 Zip File of Published Opinions Case Title / Description | |
Causey v. Southland Nat'l Ins. Corp. (23-725 - Published)
Liquidation; Rehabilitation; intervention; intervenor; standing; permissive intervention; intervention of right | |
Happel v. Guilford Cnty. Bd. of Educ. (23-487 - Published)
42 U.S.C. § 247d-6d; PREP Act; COVID liability immunity; Federal preemption; N.C. Gen. Stat. § 90-21.5(a1); COVID vaccination. | |
In re: R.G. (23-625 - Published)
permanency planning order; UCCJEA; reunification; NCGS 7B-1001; foreign court order. | |
In re: R.G. (23-790 - Published)
permanency planning order; UCCJEA; reunification; NCGS 7B-1001; foreign court order. | |
Robinson v. Halifax Reg'l Med. Ctr. (23-641 - Published)
expert witness; qualify; discovery; reasonable expectation; N.C. R. Civ. P. 9(j); N.C. R. Evid. 702; certification; motion to dismiss; malpractice claim; wrongful death claim | |
State v. Aguilar (23-556 - Published)
Rule of evidence 701; lay opinion testimony; error preservation; rule of evidence 608(a) | |
State v. George (22-958 - Published)
trial court; reasonable suspicion; CBD; dog sniff; open air sniff; controlled substance; law enforcement officer; implicate; Hemp Act; motion to suppress; habitual felon; trafficking; heroin; possession; reasonable stop; marijuana residue; destroying evidence; resisting a public officer. | |
State v. Jackson (22-280 - Published)
Second-degree forcible sex offense; Second-degree forcible rape; First-degree kidnapping; Assault on a female; Interfering emergency communication; Assault with a deadly weapon; Assault inflicting serious injury; Habitual misdemeanor assault; Sixth Amendment; Ineffective assistance of counsel; Structural error; Jurisdiction; Absolute impasse; Harbison error; Admit guilt; Closing argument; Physical injury; Serious injury; N.C. Gen. Stat. § 14-33.2; Indictment; Facial validity; No error. | |
State v. Lindsay (23-563 - Published)
Hearsay; prior consistent statements; corroborative evidence; closing arguments; ex mero motu; plain error; bench trial; presumption that the trial judge ignored inadmissible evidence. | |
State v. Smith (23-645 - Published)
driving while impaired, notice of appeal, petition for writ of certiorari, motion to dismiss, ineffective assistance of counsel, substantial evidence | |
State v. Smith (23-575 - Published)
contempt; right to counsel; forfeiture | |
Unpublished Opinions 5 March 2024 - Rule 30e - Zip File of Unpublished Opinions Mandate: 25 March 2024 | |
Blackwell v. N.C. Dep't of Pub. Instruction/Buncombe Cnty. Sch. (23-418 - Unpublished)
lump sum payment, disability, unusual case, best interest of the employee | |
C.J. Chadwick & Assocs., LLC v. Chadwick (23-515 - Unpublished)
preliminary injunction; adverse possession; irreparable harm; competent evidence. | |
Curlings v. Ireland (23-767 - Unpublished)
motor vehicle collision; opinion of law enforcement officer; N.C. R. Evid. 702; cross-examination; “opening the door;” evidentiary ruling; abuse of discretion standard | |
Fenty v. Wake Cnty. Pub. Sch. Sys./N.C. Dep't of Pub. Instruction (23-696 - Unpublished)
Industrial Commission, worker’s compensation, disability | |
Heijmen v. Heijmen (23-509 - Unpublished)
motion to compel discovery, child custody | |
In re: A.A.G. (23-766 - Unpublished)
Adjudication and disposition; Termination of parental rights; N.C. Gen. Stat. § 7B-1111(a)(9); Conclusion of law; Ultimate finding | |
In re: A.W. (23-455 - Unpublished)
termination of parental rights, insufficient findings of fact, neglected juvenile, remand | |
In re: B.L.J. (23-582 - Unpublished)
Termination of parental rights | |
In re: D.J.W. (23-347 - Unpublished)
Termination of Parental Rights, Motion to Dismiss | |
In re: E.C. (23-143 - Unpublished)
permanency planning; child custody; N.C. Gen. Stat. section 7B-911 | |
In re: K.E., Jr. & K.E. (23-570 - Unpublished)
3.1 TPR; N.C.G.S. § 7B-1111(a)(1); | |
In re: L.E., I.Z.E., G.E., A.E., D.A. (23-191 - Unpublished)
Juvenile Adjudication and Disposition; Right to Counsel, Waiver of Counsel, Knowing and Voluntary Waiver, Gatekeeping Order, Modification of Visitation, De Novo, Abuse of Discretion; Vacated; Remanded. | |
In re: R.V.D. (23-613 - Unpublished)
Termination of Parental Rights; N.C. Gen. Stat. § 7B-1111(a)(6); Dependency; Appropriate Child Care Arrangement; Care and Supervision; | |
In re: V.W. (23-649 - Unpublished)
no-merit brief, termination of parental rights, independent appellate review | |
Keenan v. Fed. Express Corp. (23-723 - Unpublished)
Workers' Compensation; expert testimony; medical diagnosis; causation of injuries; sufficiency of evidence | |
Miller v. Soudrette (23-493 - Unpublished)
12(b)(6) motion to dismiss; N.C.G.S. § 47G-2(b); | |
State v. Bennett (23-502 - Unpublished)
Jury trial; Trafficking cocaine; Possession with intent to sell or deliver cocaine; Cocaine; Rule 702; Expert witness; Expert testimony; Foundation; IAC; Jury instruction; Plain Error; Methodology; Baseless speculation; Chemical analysis | |
State v. Corpening (23-707 - Unpublished)
N.C. R. App. P. 21(a)(1); Treat an appeal as a petition for writ of certiorari; Direct criminal contempt; N.C. Gen. Stat. § 5A-11. | |
State v. Freeman (23-731 - Unpublished)
plain error, Rule 609 evidence, flee to elude arrest | |
State v. Hinton (23-673) - [Withdrawn by order of the Court] | |
State v. Hudson (23-336 - Unpublished)
firearm; constructive possession; passenger; seat; felon; trial court; front passenger seat; jury; prejudicial statement; guilty; totality of the circumstances; jury instructions. | |
State v. Lawson (23-611 - Unpublished)
hearsay; plain error; ineffective assistance of counsel | |
State v. McDowell (23-277 - Unpublished)
first-degree murder; prior statements as corroborative evidence; additional facts adding weight and credibility; custodial interrogation of a minor; age of majority for minors; co-inmate not an agent of the State | |
State v. McKinley (23-442 - Unpublished)
impeachment evidence, self-defense instruction, cumulative error | |
State v. Ospina (23-454 - Unpublished)
Indecent Liberties with a Minor; PWC; writ of certiorari; sexual gratification; arousal | |
Strickland v. Strickland (23-353 - Unpublished)
equitable distribution order; service of process; joinder; failure to join a necessary party; | |
Webster v. Devane-Webster (22-975 - Unpublished)
trial court; postseparation support; contempt; parenting coordinator; purge; permanent child support; attorney's fees. | |
Webster v. Devane-Webster (22-976 - Unpublished)
trial court; postseparation support; contempt; parenting coordinator; purge; permanent child support; attorney's fees. | |
Webster v. Devane-Webster (22-977 - Unpublished)
trial court; postseparation support; contempt; parenting coordinator; purge; permanent child support; attorney's fees. |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 34 PETITIONS AND 193 MOTIONS.
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Filed: 20 February 2024 Mandate: 11 March 2024 Zip File of Published Opinions Case Title / Description | |
Cape Homeowners Ass'n, Inc. v. S. Destiny, LLC (23-593 - Published)
interlocutory, lack of appellate jurisdiction, substantial right, motion to intervene, property rights, statement of the grounds for appellate review | |
Durbin v. Durbin (23-308 - Published)
modification of child custody, parenting coordinator, substantial change in circumstances. | |
In re: Jones (23-594 - Published)
reverse mortgage; valid debt; credit-counseling provision; equitable defenses | |
In re: Laliveres (23-742 - Published)
Sex offender registration; Substantially similar offense; Reportable offense; Out-of-State offense; N.C. Gen. Stat. § 14-27.22; N.C. Gen. Stat. § 14-208.12B(c); Sex Offender and Public Protection Registration Program; N.C. Gen. Stat. § 14-208.7(a). | |
Longphre v. KT Fin., LLC (23-660 - Published)
Promissory Note; Entity Borrower; Plain and Unambiguous Terms; Accrual of Interest; N.C. Gen. Stat. § 24-3(1)(2023); Statutory Attorney's Fees; Prior Notice to Seek; N.C. Gen. Stat. § 6-21.2(1)-(2)(2023); | |
Smith v. Smith (23-339 - Published)
Equitable distribution; Unequal distribution; N.C. Gen. Stat. § 50-20(c) | |
State v. Chambers (22-1063 - Published)
juror substitution, jury deliberations, properly constituted jury, NC Constitution, Article 1, Section 24, NC Gen Stat. 15A-1215 (a) | |
State v. Coffey (22-883 - Published)
sufficiency of indictment; common law obstruction of justice; motion to dismiss | |
State v. Cox (23-260 - Published)
plain error; expert witness qualification; Rule of Evidence 702; expert testimony | |
State v. Hair (22-987 - Published)
jury instruction, sever, joinder, plain error | |
State v. Jones (23-647 - Published)
Felon Fleeing to Elude Arrest; Assault on Law Enforcement Officer; Waiver and/or Forfeiture of Counsel; N.C. Gen. Stat. 15A-1242; Expert Witness; Rule 702; Plain Rule; | |
State v. Martin (23-190 - Published)
no error in failing to dismiss charges for insufficient evidence; no error in admitting Rule 404(b) evidence; no error in failing to intervene ex mero motu in opening statement and closing argument; dismissal of ineffective assistance of counsel claim without prejudice | |
State v. Miller (22-689 - Published)
Statutory Interpretation; N.C. Gen. Stat. § 90-95(h)(4); Stare Decisis; Motion to Dismiss; Jury Instructions; Sentencing Factors. | |
State v. Simpson (23-562 - Published)
Jury selection; Judge excusing jurors for cause without challenge by party; Excusing for cause; Motion to dismiss; DWI. | |
The N.C. State Bar v. DeMayo (23-391 - Published)
Rules of Professional Responsibility; Rule 8.4(c); Order of Discipline | |
Williams v. Charlotte-Mecklenburg Sch. Bd. of Educ. (22-893-2 - Published)
Tort Claims Act; Emergency Management Act; Negligence; Industrial Commission; Sovereign Immunity; Summary Judgment. | |
Unpublished Opinions 20 February 2024 - Rule 30e - Zip File of Unpublished Opinions Mandate: 11 March 2024 | |
Davis v. Crews (23-571 - Unpublished)
Enforcement of real property settlement agreement | |
Glinsky v. Kuester Mgmt. Grp. LLC (23-208 - Unpublished)
interlocutory; motion to compel; discovery; privilege log; unfair and deceptive trade practices; damages; substantial right; interrogatories. | |
In re: I.S., S.S., & I.S. (23-519 - Unpublished)
termination of parental rights; neglect; | |
In re: N.L.N., N.N., & N.B.G.J. (23-630 - Unpublished)
Termination of Parental Rights, Abuse of Neglect | |
Jhang v. Templeton Univ. (22-869 - Unpublished)
full faith and credit; represented by counsel; foreign judgment; motion; service; motion for enforcement of a judgment; service of process. | |
Maymead, Inc. v. Alexander Cnty. Bd. of Educ. (22-953-2 - Unpublished)
Tort Claims Act; Emergency Management Act; Negligence; Industrial Commission; Sovereign Immunity; Summary Judgment. | |
Mileview LLC v. The Res. II at Sugar Mountain Condo. Owner's Ass'n (23-603 - Unpublished)
action by homeowner’s association, reasonableness of amendment, jurisdiction of trial court pending appeal. | |
Nelson v. Oakley (23-840 - Unpublished)
Abuse of discretion; expert testimony; helpful to the jury; admissible; causation; possible causation; exclusion of evidence; Rule 403; relevant; probative value; prejudice | |
Parker v. Parker (23-170 - Unpublished)
domestic violence, subject matter jurisdiction, AOC forms | |
Phillips v. Phillips (23-504 - Unpublished)
subject matter jurisdiction, oral notice, consent to voluntary dismissal | |
State v. Blacksheare (23-572 - Unpublished)
Trafficking heroin; Transportation; Possession; Motion to dismiss; Substantial evidence; Essential elements; Actual possession; Constructive possession; Proximity to the substance; Suspicious behavior; No Error | |
State v. Caldwell (23-126 - Unpublished)
Motion to Dismiss; Possession with Intent to Sell or Deliver | |
State v. Clinton (23-463 - Unpublished)
attempted first degree murder; assault with a deadly weapon with intent to kill; possession of a firearm by a felon; clerical error; aggravating factors. | |
State v. Davis (23-557 - Unpublished)
criminal law; plea negotiations; ineffective assistance of counsel; motion for appropriate relief; conclusion of law; sentencing; out-of-state offense; substantially similar | |
State v. Harris (23-607 - Unpublished)
probation revocation, subject matter jurisdiction, no abuse of discretion. | |
State v. Holmes (23-601 - Unpublished)
statutory rape, statutory sexual offense, indecent liberties, resentencing | |
State v. Lipscomb (23-407 - Unpublished)
Rule 702(a); expert testimony; reliability requirement; DNA analysis; partial-major DNA profile; statistical analysis; no plain error. | |
State v. Lockett (23-713 - Unpublished)
criminal law; motion to dismiss; speeding to elude arrest; reasonable suspicion; traffic stop; imputed reasonable suspicion | |
State v. Marroquin (23-111 - Unpublished)
Witness testimony; accident reconstruction, expert testimony required; implicit admission as an expert; prior acts evidence under Rule 404(b); malice evidence; no prejudicial error | |
State v. Martin (23-47 - Unpublished)
Shackling; 404(b) evidence; Rule 403; Motion to Dismiss; hearsay | |
State v. Moore (23-380 - Unpublished)
assault with a deadly weapon; assault on a female; intent; motion to dismiss; jury instruction on flight | |
State v. Perry (23-375 - Unpublished)
robbery with a dangerous weapon, reasonable inference, circumstantial evidence | |
State v. Stewart (23-291 - Unpublished)
Closing arguments; Harbison inquiry | |
State v. Tate (23-11 - Unpublished)
double jeopardy; sufficiency of evidence; indecent liberties; statutory rape; fifth amendment. | |
State v. Walker (23-585 - Unpublished)
Habitual Larceny; Habitual Felon; Video Surveillance; Identification of a defendant; Lay opinion testimony; Limiting Instruction; | |
Torres v. Kidd (23-209 - Unpublished)
physical custody, legal custody, findings of fact, decision making authority |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 34 PETITIONS AND 193 MOTIONS.
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Filed: 6 February 2024 Mandate: 26 February 2024 Zip File of Published Opinions Case Title / Description | |
Hanson v. Charlotte-Mecklenburg Bd. of Educ. (22-1044 - Published)
Special Separation Allowance; Supplemental Retirement Income Plan; Local Government Employees' Retirement System | |
In re: K.C. & M.A. (23-612 - Published)
A/N/D petition; Dismissal of juvenile petition ends jurisdiction; Subject matter jurisdiction; Void judgments; N.C. Gen. Stat. §§ 7B-201 and 7B-807; Rule 59 and Rule 60 motions are not substitutes for appeal. | |
Land v. Whitley (23-250 - Published)
COVID-19; The Emergency or Disaster Treatment Protection Act; Health care; Limited immunity; Statutory immunity; Medical malpractice; Gross negligence; Duty of care; Surgical complications; N.C. Gen. Stat. § 90-21.133(a); Rule 12(b)(1); Rule 12(b)(2); Rule 12(b)(6); Rule 9(j). | |
Moseley v. Hendricks (23-576 - Published)
summary judgment; contributory negligence; last clear chance defense; punitive damages. | |
Silwal v. Akshar Lenoir, Inc. (23-589 - Published)
summary ejectment, abuse of discretion, memorandum of lease | |
State v. Bowman (23-82 - Published)
Jury Instructions; Plain Error; Forcible Sexual Offense; Unanimous Verdict; Clerical Errors; Reverse; Remand. | |
State v. Buchanan (23-517 - Published)
motion to dismiss, felony child abuse inflicting serious bodily injury, expert witness testimony, jury instructions, defense of accident, lesser-included offenses, plain error | |
State v. Golphin (22-713 - Published)
life imprisonment without the possibility of parole, Miller, first-degree murder, N.C. Gen. Stat. Section 15A-1340.19B | |
State v. Guerrero (23-377 - Published)
motion to suppress; probable cause; canine-sniff; search and seizure; Fourth Amendment; legalization of hemp; trafficking; possession; lesser included offense. | |
State v. Mincey (23-447 - Published)
Guilty plea; Factual basis; N.C. Gen. Stat. § 15A-1022(c); Habitual felon status. | |
State v. Robinson (23-365 - Published)
No Preservation; Plain Error Review; Issue Abandonment; Fair Cross Section Challenge; Sixth Amendment. | |
True Homes, LLC v. City of Greensboro (23-48 - Published)
municipal authority, public water and sewer system development fee act, motion to strike evidence, N.C. Gen Stat 160A-314(a) | |
Unpublished Opinions 6 February 2024 - Rule 30e - Zip File of Unpublished Opinions Mandate: 26 February 2024 | |
Cashion v. Cashion (23-327 - Unpublished)
interlocutory jurisdiction; substantial right; preliminary injunction | |
Connette v. The Charlotte-Mecklenburg Hosp. Auth. (23-460 - Unpublished)
law of the case; remand; mandate | |
In re: J.M.M.M. (23-540 - Unpublished)
termination of parental rights, notice, insufficient findings of fact | |
In re: K.J.B.H. (23-632 - Unpublished)
Delinquent; sexual battery; sexual arousal; sexual gratification; maturity, intent, and experience; age disparity; control by the juvenile; secretive nature; attitude; third-party witness | |
Miller v. E. Band of Cherokee Indians (23-278 - Unpublished)
Sovereign immunity; Contract rescission; Voluntary dismissal; Restitution; Valid remedy; Moot; Property; Necessary party; Valid judgment. | |
Odindo v. Kanyi (23-794 - Unpublished)
Domestic violence; child custody | |
Payne v. Raynor (23-780 - Unpublished)
lease contract; setoff defense; findings of fact; conclusions of law; competent evidence. | |
Phillips v Extra Space Mgmt., Inc. (23-303 - Unpublished)
Motion for directed verdict; Motion for new trial; Breach of contract; Fraudulent inducement and fraudulent misrepresentation; Breach of the implied covenant of good faith and fair dealing; Unfair and deceptive trade practice; Negligent misrepresentation; Gross negligence; Sufficient evidence; Jury verdict; No error. | |
Porter v. Goodyear Tire & Rubber Co. (23-631 - Unpublished)
Worker's compensation | |
Sanders v. N.C. Dep't of Transp. (22-440 - Unpublished)
map act, definite takings, interlocutory appeals | |
State v. Alvarado (23-385 - Unpublished)
Motion in limine; Sexual Assault; North Carolina Rules of Evidence; North Carolina Rule of Evidence 412; Rape-Shield Statute; Ineffective Assistance of Counsel; Issue Preservation; Exclusion of Evidence; Voire Dire; No error. | |
State v. Armstrong (23-220 - Unpublished)
Assault by strangulation; Habitual misdemeanor assault; Predicate assault; N.C. Gen. Stat. § 14-33(c); Sentencing error; N.C. Gen. Stat. § 14-32.4(b); N.C. Gen. Stat. § 14-33.2; Distinct interruption; Intervening event. | |
State v. Barnes (23-239 - Unpublished)
ex mero motu, expert testimony, plain error | |
State v. Benbow (23-315 - Unpublished)
jury instructions; self-defense; stand your ground | |
State v. Boynton (23-484 - Unpublished)
Motion in limine; First Degree Murder; North Carolina Rules of Evidence; North Carolina Rule of Evidence 404(b); North Carolina Rule of Evidence 403; Character Evidence; Prior bad acts; Other Purposes; Testimony Admissibility; Jury Instructions; Ineffective Assistance of Counsel; Plain Error; No error. | |
State v. Cooper (22-662 - Unpublished)
first-degree murder; motion to suppress; cell site location information; Rules of Evidence 404(a), 404(b), and 403. | |
State v. Hill (23-264 - Unpublished)
Motion to dismiss; first-degree murder; evidence of malice, premeditation, and deliberation; juror challenge for cause; plain error; jury instructions; second-degree murder | |
State v. Huntley (23-346 - Unpublished)
Absolute impasse; State v. Ali, 329 N.C. 394, 407 S.E.2d 183 (1991); Same events, joined charges; Prior record level calculation; Conceded errors; | |
State v. Ingram (23-207 - Unpublished)
drug trafficking, investigatory stop, motion to suppress | |
State v. Jones (22-981 - Unpublished)
first-degree rape, first-degree kidnapping, first-degree sexual offense, first-degree burglary, motion to dismiss, insufficiency of evidence, substantial evidence, separate and distinct acts. | |
State v. Kirkpatrick (23-449 - Unpublished)
IAC, TC error in PWISD methamphetamine case | |
State v. McCants (23-511 - Unpublished)
waiver of right to be present at trial; preservation; Rule 2 | |
State v. McCoy (23-329 - Unpublished)
Ineffective assistance of counsel; motion to suppress; search warrant application; motion for appropriate relief; dismissal without prejudice. | |
State v. McKinnon (22-813 - Unpublished)
Speedy trial, speedy appeal, sixth amendment, article I, section 18, SBM, lifetime SBM, satellite based monitoring, delayed appeal, unperfected appeal, motion for appropriate relief. | |
State v. Mertes (23-512 - Unpublished)
Writ of certiorari; Untimely appeal; Motion for appropriate relief; MAR; N.C. Gen. Stat. § 15A-1444; N.C. R. App. P. 4(a)(1) and (2); N.C. R. App. P. 21(a)(1). | |
State v. Pratt (23-822 - Unpublished)
Revocation of Probation; Hearing after Probation expired; Finding of good cause; N.C. Gen. Stat. § 15A-1344; Unexplained delays; State conceded error; | |
State v. Roberts (23-501 - Unpublished)
revocation of probation, right to confrontation, revocation after expiration of probationary period. | |
State v. Roebuck (23-335 - Unpublished)
sexual activity by custodian; meaning of "custody"; issue precluded by precedent; preserving challenge for further appeal | |
State v. Spruill (23-12 - Unpublished)
Curative Instructions; Stricken Testimony; Sua Sponte; Rule 404; Vouching; No Plain Error. | |
State v. Velasquez (23-368 - Unpublished)
Second Degree Rape; Second Degree Forcible Sex Offense; Motion to Dismiss; Expert Witness; Closing Argument; Plain Error; | |
State v. Velez (23-199 - Unpublished)
accessory after the fact, aggravated sentence, right to jury trial | |
State v. Williams (23-628 - Unpublished)
United States v. Rodriguez; suppression; probable cause; reasonable suspicion | |
The Venable Grp., LLC v. Snow (23-483 - Unpublished)
breach of contract, summary judgment, attorney’s fees. | |
Troutt v. Watson (23-535 - Unpublished)
Interlocutory; N.C. Gen. Stat. § 1-277; Substantial right; Inconsistent verdicts; LLC; N.C. Gen. Stat. § 57D-6-02(2); Dissolution; N.C. Gen. Stat. § 57D-6-03(d); Forced sale. | |
Virmani v. Prof'l Sec. Ins. Co. (23-580 - Unpublished)
insurance policy interpretation, NC Medical Board investigation, claims made and reported policy |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 34 PETITIONS AND 193 MOTIONS.
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Filed: 16 January 2024 Mandate: 5 February 2024 Zip File of Published Opinions Case Title / Description | |
Ennis v. Haswell (23-534 - Published)
underinsured motorist insurance; subrogation; advancement; statutory interpretation | |
Hill v. The Div. of Soc. Servs. (23-197 - Published)
Medicaid; caretaker relative; regulatory interpretation; irreconcilable conflict | |
Maness v. Kornegay (23-301 - Published)
Child custody | |
Smith Debnam Narron Drake Saintsing & Myers, LLP v. Muntjan (23-324 - Published)
Contract; Guaranty; Statute of Frauds; Main Purpose Rule; Signed Memorandum; Quantum Meruit; Reversed | |
State v. Ball (22-1029 - Published)
Kidnapping; Rape; Sexual assault; Motion to dismiss; SANE exam report; Expert witness testimony; Confrontation Clause; Plain error; Closing argument; ex mero motu. | |
State v. Forney (23-338 - Published)
DWI | |
State v. Guffey (22-1043 - Published)
essential elements, continuing criminal enterprise, fatal ambiguity | |
State v. Hagaman (22-434 - Published)
motion to suppress, indecent liberties with a child, search warrant | |
State v. Springs (23-9 - Published)
State's appeal of trial court order granting defendant's motion to suppress evidence; appellate rules violations | |
Unpublished Opinions 16 January 2024 - Rule 30e - Zip File of Unpublished Opinions Mandate: 5 February 2024 | |
Horsey v. Goodyear Tire & Rubber Co. (23-107 - Unpublished)
Industrial commission; Workers compensation; Temporary disability benefits; Change in treating physician; Functional capacity evaluation; Maximum medical improvement; N.C. Gen. Stat. § 97-25(a); N.C. Gen. Stat. § 97-2(9) | |
In re: Blue (23-505 - Unpublished)
Will Contest; Summary Judgement; Undue Influence; Testator's Intent; | |
In re: P.C., L.C., A.C., K.C., S.C. (23-253 - Unpublished)
Reasonable efforts, visitation, guardianship | |
In re: Z.M., L.M., H.M. (23-45 - Unpublished)
3.1; child custody; adjudication of neglect and dependency | |
Jonna v. Yaramada (22-954 - Unpublished)
child support; findings of fact; mandate; sanctions | |
MAXISIQ, LLC v. Howard (23-478 - Unpublished)
Error by TC in granting summary judgment | |
Milford v. Milford (23-379 - Unpublished)
Equitable distribution | |
Munn v. N.C. Dep't of Pub. Safety (23-299 - Unpublished)
North Carolina Industrial Commission, Tort Claims Act, Negligence, North Carolina Department of Public Safety, State Actor, Duty of Care, Foreseeable Harm, Inmate, Findings of Fact, Competent Evidence, Conclusions of Law, De Novo; Affirmed. | |
Nlend v. Nlend (23-516 - Unpublished)
absolute divorce; motion to stay proceedings; foreign jurisdiction; interlocutory jurisdiction; petition for writ of certiorari; findings of fact; absence of transcript or narrative from appellate record | |
Peele v. Peele (23-614 - Unpublished)
jurisdiction, child custody, permanent custody order | |
Perez v. Perez (23-371 - Unpublished)
proper venue; residency; equitable distribution; separation and support; service of order; timeliness of appeal | |
State v. Gill (23-381 - Unpublished)
Ineffective assistance of counsel; Restitution; Search warrant; Affidavit; Probable cause; Fourth Amendment; Totality of circumstances; Application for search warrant; Motion to suppress; Trial strategy; Crime Lab; N.C. Gen. Stat. § 7A-304(a)(7). | |
State v. Glenn (23-201 - Unpublished)
Anders, Anders brief, motion to suppress, reasonable articulable suspicion. | |
State v. Hall (23-320 - Unpublished)
ineffective assistance of counsel; motion for appropriate relief; motion to suppress; attempted robbery; exigent circumstances; probable cause; consent to search | |
State v. Hollis (22-817 - Unpublished)
pattern jury instructions, defense of accident, murder, discharging of a firearm into occupied property, plain error, NCPI 307.10, NCPI 307.11. | |
State v. Steele (23-425 - Unpublished)
larceny of motor vehicle; fleeing to elude arrest; resisting public officer; flight instruction | |
State v. Willoughby (23-3 - Unpublished)
defense of habitation; second-degree murder; statutory presumption; jury instructions on involuntary manslaughter; redacting and striking of testimony; relevance; hearsay |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 34 PETITIONS AND 193 MOTIONS.
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Filed: 2 January 2024 Mandate: 22 January 2024 Zip File of Published Opinions Case Title / Description | |
Bates v. Charlotte-Mecklenburg Historic Landmarks Comm'n (23-57 - Published)
Interlocutory appeal from two failed real estate transactions | |
Culpepper v. N.C. Off. of Admin. Hearings (23-236 - Published)
N.C. Gen. Stat. § 126-5(c1)(27); Political affiliation discrimination; Job classification designation; Human Resources Act. | |
In re: B.M.T. (22-377-2 - Published)
Consent for Adoption; Biological Father; financial support under N.C. Gen. Stat. § 48-3-601, warrantless search | |
Meeker v. Meeker (22-931 - Published)
separation agreement, spousal support, cohabitation, specific performance, civil contempt | |
N.C. Dep't of Health & Hum. Servs. v. Peace (22-918 - Published)
Error by ALJ and trial court in review of administrative agency decision | |
State v. Borlase (22-985 - Published)
life without parole, Juvenile offender, N.C. Gen Stat SS 15A-1340.19b | |
State v. Thompson (22-1036 - Published)
Motion for Mistrial; Abuse of Discretion; Intoxicated Witness | |
The Town of Forest City v. Florence Redevelopment Partners, LLC (23-401 - Published)
summary judgment; contracts; pre-audit certificate requirement; waiver; governmental immunity; unjust enrichment | |
Town of La Grange v. Cnty. of Lenoir (23-495 - Published)
Planning Board; de novo; whole record test; in pari materia; | |
Unpublished Opinions 2 January 2024 - Rule 30e - Zip File of Unpublished Opinions Mandate: 22 January 2024 | |
Davis v. Hayes Hofler, P.A. (22-1028 - Unpublished)
motion to dismiss, 12(b)(6), negligence, negligent representation, Rule 60, "last act", "last wrongful act", statute of limitations, continued representation, conclusion of law, date of discovery, tolling. | |
In re: B.O.R. (23-434 - Unpublished)
Guardianship award to foster parents; Standard of Proof finding required for parental rights; Visitation; Cessation of Reunification Efforts | |
In re: C.H. (22-476-2 - Unpublished)
involuntary commitment; confrontation right; preservation; findings of fact; clear, cogent, and convincing evidence; prejudice | |
In re: C.L.S. (23-507 - Unpublished)
writ of certiorari, kinship placement, timely appeal | |
In re: E.O.N. & E.O.N. (23-352 - Unpublished)
Guardianship; Neglect; Dependency; Permanency planning hearing; Costs of supervised visitation; Parent's ability to pay; N.C. Gen. Stat. § 7B-906.1; Guardian's financial resources; Written findings of fact; N.C. Gen. Stat. § 7B-905.1(c). | |
In re: E.T.P. & H.E.P. (23-394 - Unpublished)
termination of parental rights, continuance, right to counsel, waiver of counsel, forfeiture of counsel. | |
In re: G.J.W.L. (23-458 - Unpublished)
Juvenile Delinquency; Adjudication; Disposition; Motion to Dismiss, Unpreserved, Rule 2; Sixth Amendment; Testifying Defendant; Self-Incrimination; De Novo; Reversed & Remanded. | |
In re: J.U. (20-812-2 - Unpublished)
motion to dismiss; preservation; appellate rule 2; sufficiency of evidence; juvenile petition; sexual battery. | |
In re: N.R.W. & T.N.W. (23-440 - Unpublished)
Rule 3.1; termination of parental rights; adjudication; termination grounds; neglect; willful failure to make reasonable progress; willful failure to contribute to the cost of the juveniles’ care. | |
In re: R.B. (23-426 - Unpublished)
Child abuse and dependency adjudication, sufficiency of evidentiary findings of fact to support ultimate findings and conclusions of law | |
In re: S.C.M., Jr. (23-678 - Unpublished)
termination of parental rights, best interests, private action, adoption. | |
In re: S.W. (23-160 - Unpublished)
dependent, reunification, visitation | |
Johnson v. Butler (23-692 - Unpublished)
summary judgment, breach of fiduciary duty, constructive fraud, trustee. | |
Johnson v. Butler (23-693 - Unpublished)
summary judgment, breach of fiduciary duty, constructive fraud, trustee. | |
Johnson v. Butler (23-694 - Unpublished)
summary judgment, breach of fiduciary duty, constructive fraud, trustee. | |
Lowe v. Lowe (23-80 - Unpublished)
Competent evidence; Findings of fact; Attorney fees; Motion to dismiss; Waived | |
Poimboeuf v. Merritt (23-229 - Unpublished)
Motion for Judgment Notwithstanding the Verdict; Slander per se; Punitive damages; N.C. Gen. Stat. § ID-15; | |
Shay v. Shay (23-330 - Unpublished)
Domestic violence order of protection; DVPO; Competent evidence; NC Appellate Pro Bono Program; Motion to supplement; Findings of fact; Conclusions of law; Affirmed | |
Spencer v. Goodyear Tire & Rubber Co. (23-430 - Unpublished)
opinion and award on remand; compensable occupational disease; causation; weight and credibility of the evidence; limited standard of review | |
State v. Ford (23-374 - Unpublished)
Felony obstruction of justice; felony cruelty to animals | |
State v. Forrest (22-1005 - Unpublished)
Trial court error in denial of motion to dismiss and in jury instruction in murder case | |
State v. Parsons (23-200 - Unpublished)
indecent liberties with a child; hearsay; harmless error | |
State v. Revels (23-148 - Unpublished)
voluntary manslaughter; calculation of prior record level; sentencing points; stipulation; evidence of prior convictions; prior record level worksheet; joinable offenses; federal conviction | |
State v. Williams (23-408 - Unpublished)
waiver of counsel, writ of certiorari, pro se | |
Tanger Props. Ltd. P'ship v. Legacy Libations Corp. (23-415 - Unpublished)
subject matter jurisdiction, small claims, summons, rule 4, magistrate, general civil action, small claims action, summary ejectment, de novo. | |
Turpin v. Charlotte Latin Sch., Inc. (23-252) Opinion not available Appeal by plaintiffs from TC's granting in part/denying in part defendants' 12(b)(6) motion to dismiss nine claims of plaintiffs re: fraud, UDTP, negligent misrepresentation, negligent infliction of emotional distress, negligent supervision and retention, slander, libel, breach of contract, breach of implied covenant of good faith and fair dealing | |