Supreme Court Opinions


Filed: 16 April 2021
Mandate: 6 May 2021
Zip File of Published Opinions
Headnote Index: 16 April 2021

Case Title / Description
Curlee v. Johnson, (238A20 - Published) Author: Justice Paul Newby (View COA Opinion)
Whether a landlord had a duty to protect a third party from harm caused by his tenants' dog.
In re C.M., K.S., J.S., M.A.S., and K.S., (436A20 - Published) Author: Per Curiam (View COA Opinion)
Appeal based on a dissent seeking review of the trial court's review and permanency planning order which eliminated reunification.
In re Brooks, (480A20 - Published) Author: Per Curiam
Order of suspension for improperly serving as executor for non-relatives' estates, collecting substantial fees for such service, and failing to properly report the income, in violation of the Code of Judicial Conduct.
State v. Prince, (225A20 - Published) Author: Per Curiam (View COA Opinion)
Whether the evidence showed that defendant committed both assault with a deadly weapon with intent to kill inflicting serious injury and assault by strangulation.
State v. Allen, (8A20 - Published) Author: Justice Sam Ervin IV (View COA Opinion)
Whether the trial court violated defendant's due process rights when it failed to hold a second hearing to examine his competency to proceed immediately prior to trial.
In re George, (77A19 - Published) Author: Justice Sam Ervin IV (View COA Opinion)
Whether the trial court abused its discretion in finding that two purchasers, the first of whom purchased a tract of real property at a nonjudicial foreclosure sale and the second of whom purchased the property from the initial purchaser, were not good faith purchasers for value.
In re G.B., M.B., and A.O.J., (438A19 - Published) Author: Justice Michael Morgan
Termination of parental rights; whether the district court made adequate findings of fact to support a termination of respondent-father's parental rights under N.C.G.S. 7B-1111(a)(2); whether the district court properly determined that termination of respondent-parents' parental rights under N.C.G.S. 7B-1110(a) was in the best interests of the children.
State v. Melvin, (486PA19 - Published) Author: Justice Anita Earls (View COA Opinion)
In armed robbery case where co-defendants sought to sever trial, Court of Appeals erred by applying standard of error preservation for severance of offenses rather than severance of defendants.
State v. Scott, (78A20 - Published) Author: Justice Tamara Barringer (View COA Opinion)
Whether the Court of Appeals erred by not applying the standard for determining the existence of and showing of prejudice for a violation of the defendant's rights under the Constitution of the United States.
State v. Meader, (49A20 - Published) Author: Justice Phil Berger Jr. (View COA Opinion)
Defendant appeals the Court of Appeals' decision finding the trial court did not err in denying defendant's request for an instruction on voluntary intoxication.

IN ADDITION TO THE ABOVE LISTED OPINIONS, THE COURT CONSIDERED 112 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: 19 March 2021
Mandate: 8 April 2021
Zip File of Published Opinions
Headnote Index: 19 March 2021

Case Title / Description
In re B.T.J., (230A20 - Published) Author: Justice Robin Hudson
Termination of parental rights; whether the trial court made adequate findings of fact to support a termination of respondent-mother's parental rights under N.C.G.S. 7B-1111(a)(1).
In re C.R.L., (196A20 - Published) Author: Justice Robin Hudson
Termination of parental rights under N.C.G.S. 7B-1111(a)(1), (2), (9); whether the trial court's failure to hold a termination hearing within the timing requirements of N.C.G.S. 7B-1109 constitutes reversible error.
In re A.R.P., (308A20 - Published) Author: Justice Paul Newby
Termination of parental rights pursuant to N.C.G.S. 7B-1111(a)(7) (2019). No-merit review pursuant to Rule 3.1(e) of the North Carolina Rules of Appellate Procedure.
In re M.C.T.B., (275A20 - Published) Author: Per Curiam
Termination of parental rights pursuant to N.C.G.S. 7B-1111(a)(1), (3) (2019). No-merit review pursuant to Rule 3.1(e) of the North Carolina Rules of Appellate Procedure.
In re L.N.G., (252A20 - Published) Author: Justice Michael Morgan
Termination of parental rights; whether the trial court made adequate findings of fact to support a termination of respondent-mother's parental rights under N.C.G.S. 7B-1111(a)(2).
In re J.S., (186A20 - Published) Author: Justice Anita Earls
Termination of parental rights pursuant to N.C.G.S. 7B-1111(a)(1); incarceration as an indicator of future neglect.
In re H.A.J., (127A20 - Published) Author: Justice Anita Earls
Denial of motion to continue; whether the trial court erred by eliminating reunification as a permanent plan; whether the trial court erred in determining grounds existed to terminate parental rights related to neglect pursuant to N.C.G.S. 7B-1111(a)(1); whether the trial court abused its discretion by concluding that terminating respondent's parental rights was in the best interests of the juveniles.
In re R.D.M., (193A20 - Published) Author: Justice Anita Earls
Termination of parental rights pursuant to N.C.G.S. 7B-1111(a)(1)-(3); No-merit review.
In re G.G.M., (248A20 - Published) Author: Justice Anita Earls
Whether the trial court erred in adjudicating grounds to terminate respondent's parental rights under N.C.G.S. 7B-1111(a)(7); whether the trial court abused its discretion in determining termination of respondent's parental rights was in the children's best interests; whether respondent received ineffective assistance of counsel.
In re G.G.M. and S.M., (249A20 - Published) Author: Justice Anita Earls
Whether the trial court erred in adjudicating grounds to terminate respondent's parental rights under N.C.G.S. 7B-1111(a)(7); whether the trial court abused its discretion in determining termination of respondent's parental rights was in the children's best interests; whether respondent received ineffective assistance of counsel.
In re A.M.L., (69A20 - Published) Author: Justice Tamara Barringer
Termination of parental rights pursuant to N.C.G.S. 7B-1111(a)(2) on the grounds of respondent-mother willfully leaving the juveniles in foster care or placement outside the home for more than twelve months without showing to the satisfaction of the court that she had made reasonable progress under the circumstances in correcting those conditions which led to the juveniles' removal.
In re I.R.M.B., (91A20 - Published) Author: Justice Tamara Barringer
Private termination; appeal from an order terminating respondent-father's parental rights under N.C.G.S. 7B-1111(a)(7) (2019); whether the trial court's findings of fact are supported by clear, cogent, and convincing evidence; whether the trial court's findings of fact support its conclusion of law that grounds existed to terminate respondent-father's parental rights on the basis of willful abandonment.

Filed: 12 March 2021
Mandate: 1 April 2021
Zip File of Published Opinions
Headnote Index: 12 March 2021

Case Title / Description
In re Q.P.W., (475A19 - Published) Author: Justice Robin Hudson
Appeal from order terminating respondent-mother's parental rights pursuant to N.C.G.S. 7B-1111(a)(1), (2), (3), (6), and (7).
JVC Enters., LLC v. City of Concord, (31PA20 - Published) Author: Justice Robin Hudson (View COA Opinion)
Whether a series of local acts provided the City of Concord with the authority to levy water and wastewater connection fees for services to be furnished; whether the trial court properly granted summary judgment for the City of Concord.
Red Valve, Inc. v. Titan Valve, Inc., (22A20 - Published) Author: Per Curiam
Appeal pursuant to N.C.G.S. 7A-27(a)(3) from an order and opinion on plaintiffs' verified motion for order to show cause and second motion for sanctions and contempt and an order and opinion on plaintiffs' petition for reasonable expenses resulting from plaintiffs' second motion for sanctions.
Griffin v. Absolute Fire Control, Inc., (29A20 - Published) Author: Per Curiam (View COA Opinion)
Whether the Court of Appeals employed the proper standard of review; whether plaintiff established disability; whether plaintiff was capable of suitable employment.
Lauziere v. Stanley Martin Cmtys., LLC, (259A20 - Published) Author: Per Curiam (View COA Opinion)
Whether the Court of Appeals erred by reversing and remanding the opinion and award of the North Carolina Industrial Commission dismissing plaintiff's workers' compensation claim with prejudice for failure to prosecute.
Gay v. Saber Healthcare Grp., L.L.C., (190A20 - Published) Author: Per Curiam (View COA Opinion)
Whether the Court of Appeals' majority erred in affirming the trial court's order ruling that the record contained no evidence of the Arbitration Agreement between the parties; whether the Court of Appeals' majority erred in affirming the trial court's order ruling that the Admission Agreement and the Arbitration Agreement were in conflict with each other.
In re Eldridge, (478A19 - Published) Author: Per Curiam (View COA Opinion)
Contempt of court; whether the trial court abused its discretion in imposing conditions of probation it deemed reasonably necessary for defendant's rehabilitation.
Chisum v. Campagna, (406A19 - Published) Author: Justice Sam Ervin IV
Notice requirement for accrual of statute of limitations period for breach of contract; applicability of statute of limitations to declaratory judgment actions; whether nominal damages supported punitive damages and claims for breach of fiduciary duty and constructive fraud; notice and hearing requirements prior to judicial dissolution; derivative claims.
State v. Ditenhafer, (126A18-2 - Published) Author: Justice Sam Ervin IV
Whether the record contained sufficient evidence that defendant acted with deceit and an intent to defraud to support her conviction for felonious obstruction of justice.
In re Z.J.W., (178A20 - Published) Author: Justice Sam Ervin IV
Appeal from an order terminating respondent-father's parental rights pursuant to N.C.G.S. 7B-1111(a)(1) and (7) (2019); whether the evidence supports the trial court's findings of fact and whether the findings of fact support its conclusions of law that respondent-father's parental rights were subject to termination on the basis of both grounds for termination.
In re N.P., (280A19 - Published) Author: Justice Michael Morgan
Whether the trial court had subject matter jurisdiction under N.C.G.S. 7B-1101 in a termination of parental rights proceeding.
State v. Corbett, (73A20 - Published) Author: Justice Anita Earls (View COA Opinion)
Whether the trial court erred in excluding testimony relevant to defendants' claim that they acted in self-defense.
Raleigh Hous. Auth. v. Winston, (385PA19 - Published) Author: Justice Tamara Barringer (View COA Opinion)
Whether a notice of lease termination provided to a tenant of public housing by a public housing authority stated specific grounds for termination as required by 24 C.F.R. 966.4(l)(3)(ii) (2019).
State v. Fuller, (447A19 - Published) Author: Justice Phil Berger Jr. (View COA Opinion)
Defendant appeals the Court of Appeals' opinion affirming the trial court's sex offender registration order under N.C.G.S. 14-202(l) arguing that the evidence failed to show he was a 'danger to the community.'

IN ADDITION TO THE ABOVE LISTED OPINIONS, THE COURT CONSIDERED 315 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: 5 February 2021
Mandate: 25 February 2021
Zip File of Published Opinions
Headnote Index: 5 February 2021

Case Title / Description
Comm. to Elect Dan Forest v. Emps. Pol. Action Comm., (231A18 - Published) Author: Justice Robin Hudson (View COA Opinion)
Whether a statute which created a private right of action confers standing to sue for that statutory 'injury.'
In re J.T.C., (387A20 - Published) Author: Per Curiam (View COA Opinion)
Termination of parental rights; whether the trial court abused its discretion in determining termination was in the juvenile's best interests.
In re S.R.F., (214A20 - Published) Author: Justice Michael Morgan
Termination of parental rights; neglect under N.C.G.S. 7B-1111(a)(1); probability of future neglect; sufficiency of findings.
In re C.L.H., (213A20 - Published) Author: Justice Anita Earls
Appeal from an order terminating respondent's parental rights; termination of respondent's parental rights pursuant to N.C.G.S. 7B-1111(a)(1), (4), (6); neglect; willful failure to pay child support; dependency.
In re J.E.B., (99A20 - Published) Author: Justice Anita Earls
Trial court did not err by permitting respondent's guardian ad litem, an attorney, to assist respondent's appointed attorney at trial by conducting some examinations and performing similar acts.
In re S.F.D., (80A20 - Published) Author: Justice Tamara Barringer
Termination of parental rights; no-merit review.

IN ADDITION TO THE ABOVE LISTED OPINIONS, THE COURT CONSIDERED 143 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.