Court of Appeals Opinions
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Filed: 5 November 2019 Mandate: 25 November 2019 Zip File of Published Opinions Case Title / Description | |
| Crago v. Crago (18-1304 - Published)
equitable distribution; alimony | |
| Hart v. Hart (18-914 - Published)
Uniform Interstate Family Support Act (UIFSA); child support; monthly gross income | |
| Hinson v. Hinson (19-439 - Published)
Modification of custody order; substantial change of circumstances; adequate findings of facts; asserting inconsistent legal position on appeal. | |
| NC Ins. Guar. Ass'n v. Weathersfield Mgmt., LLC (19-300 - Published)
NC Insurance Guaranty Assn; workers' compensation insurance; insurer insolvency; self-insured retention; deductible; guaranty. | |
| State v. Alston (18-1285 - Published)
Criminal law; felony; guilty plea; felony serious injury by vehicle; FSIBV; factual basis; writ of certiorari; insufficient factual summary | |
| State v. Ames (18-1035 - Published)
eighth amendment; cruel and unusual punishment; juvenile offenders; life without the possibility of parole | |
| State v. Coburn (18-1231 - Published)
jury instructions, invited error | |
| State v. Fuller (19-243 - Published)
sex offender; registration; peeping; precedent; binding; danger to the community; competent evidence | |
| State v. Killette (18-26-2 - Published)
Denial of motion to suppress; guilty plea- waiver; petition for writ of certiorari; defendant's burden to show prejudicial error; In re Civil Penalty. | |
| State v. Peralta (18-374 - Published)
Witness Testimony; Character Evidence; Jury Instructions; Child Sexual Abuse; Expert Witness | |
| State v. Roberts (18-1194 - Published)
confrontation clause; jailhouse recorded phone calls; sentence authorized by verdict; stipulation on prior record level worksheet | |
| State v. Rushing (18-1100 - Published)
NCGS § 14-32.4, assault inflicting serious bodily injury; substantial evidence; sufficiency of indictment | |
| State v. Summers (19-162 - Published)
Criminal law; embezzlement; deferred prosecution agreement; probation; jurisdiction; writ of certiorari; interlocutory order; probation revocation; activates a sentence; imposes special probation; de novo hearing; right of appeal; superior court | |
| State v. Worley (18-1162 - Published)
satellite-based monitoring; sexual offenses; impermissible vouching; expert testimony; plain error | |
| U.S. Bank Na'tl Ass'n v. Wood (18-1259 - Published)
Doctrine of equitable subrogation applicable in context of purchase transactions; summary judgment improper | |
| Unpublished Opinions 5 November 2019 - Rule 30e - Zip File of Unpublished Opinions Mandate: 25 November 2019 | |
| Am. First Fed., Inc. v. Rock Hill Afr. Methodist Episcopal Zion Church (18-1225 - Unpublished)
Non-judicial foreclosure, legal description, ambiguity, deed of trust | |
| Andy-Oxy Co., Inc. v. Harris (19-10 - Unpublished)
Preliminary Injunction; Non-Compete; Non-Solicitation | |
| Beane v. Duckstein (19-206 - Unpublished)
family law; child custody; competency of trial court's findings and weight to be afforded expert evidence | |
| Bentley v. Revlon (18-1009 - Unpublished)
Workers' Compensation; Parsons Presumption; Change in Condition; Disability | |
| Cornelius v. Cornelius (18-979 - Unpublished)
consideration of lesser sanctions, failure to prosecute, destruction of evidence | |
| In re B.L.R. and S.A.R. (19-70 - Unpublished)
termination of parental rights; abuse, neglect, and dependency; sufficiency of allegations in petition for termination of parental rights | |
| In re J.C.R. (19-89 - Unpublished)
Permanency planning; Guardianship; Incorporation of documents into findings of fact; Finding of actions inconsistent with constitutional status as parent; Waiver of constitutional argument | |
| In re K.Z. and H.Z (19-8 - Unpublished)
Termination of parental rights; Neglect; Single Ground | |
| In re T.K.M., K.S.B., C.A.W. (19-222 - Unpublished)
Dependent juvenile; Neglected juvenile; Insufficient Findings of Fact | |
| In re V.S.O., C.R.O. (19-87 - Unpublished)
adjudication of neglect; adjudication of abuse and neglect; chronic abuse; reunification efforts not required; | |
| In re: A.L.M., J.C.W.M., A.C.M. (18-1248 - Unpublished)
Termination of Parental Rights; best interests of the child; abuse of discretion; dispositional phase; adoption; juvenile adoption consent; Chapter 7B; Chapter 48; Placement of Juvenile; guardian ad litem; foster placement | |
| In re: B.M.B. (18-1241 - Unpublished)
3.1, neglect, dependency, prior termination of parental rights, best interests | |
| In re: C.L.D.W. & P.L.D.H. (18-1236 - Unpublished)
Ceasing reunification efforts | |
| In re: E.L. (19-332 - Unpublished)
involuntary commitment; danger to others; danger to self; mentally ill | |
| In re: J.S.K. & J.E.K. (19-105 - Unpublished)
termination of parental rights; abuse, neglect, dependency; neglect; probability of future neglect in light of the history of neglect | |
| In re: K.E.B. (19-349 - Unpublished)
Delinquent juvenile Sufficient Findings | |
| In re: M.V., Jr. (19-119 - Unpublished)
3.1, neglect, dependency, prior termination of parental rights, best interests | |
| In re: N.E.P. (19-366 - Unpublished)
Involuntary Commitment | |
| In the Matter of A.O.T. (19-168 - Unpublished)
adjudication of neglect; clerical error; findings of fact insufficient to support adjudication of neglect | |
| In the Matter of T.J.S. (19-4 - Unpublished)
termination of parental rights; abuse, neglect and dependency; abuse of discretion | |
| Lytle v. NC Dep't of Pub. Safety (19-73 - Unpublished)
Tort Claims Act; involuntary dismissal | |
| Macias v. BSI Assocs., Inc. (19-299 - Unpublished)
Industrial Commission, Independent Contractor, Employee, Attorney's Fees | |
| Ragland v. N.C. Dep't of Pub. Instruction (19-235 - Unpublished)
Administrative Tribunal, Whole Record Test, Revocation of Teaching License, Petition for Judicial Review, Collateral Estoppel, Motion to Recuse | |
| Ramirez v. Parker (18-1192 - Unpublished)
Domestic violence Protective order Competent evidence | |
| Sea Watch at Kure Beach Homeowners' Ass'n, Inc. v. Fiorentino (19-64 - Unpublished)
Summary Judgment, Easement, Slander of Title | |
| State v. Boykins (18-949 - Unpublished)
Motion to suppress; Search and seizure; Search warrant and probable cause | |
| State v. Footman (19-132 - Unpublished)
jury instructions on flight - not supported by the evidence | |
| State v. Frank (19-373 - Unpublished)
Breaking and Entering, Larceny, Possession of Stolen Goods, Habitual Felon | |
| State v. Haith (18-1169 - Unpublished)
NCGS § 14-39(a), second-degree kidnapping; substantial evidence; intent to terrorize victim | |
| State v. Hooks (19-398 - Unpublished)
Fatally defective indictment; no allegation of felony or statute in indictment; lesser-included offense; assault inflicting serious injury; resentencing. | |
| State v. Jenkins (19-210 - Unpublished)
assault with a deadly weapon with intent to kill; possession of firearm by felon; lesser included offense | |
| State v. Jerez (18-897 - Unpublished)
motion to dismiss, assault with a deadly weapon with the intent to kill inflicting serious injury | |
| State v. Lewis (17-888-2 - Unpublished)
Motion to suppress; Warrantless search; Plain view doctrine; Knock-and-talk doctrine | |
| State v. Lewis (17-1051-2 - Unpublished)
Motion to suppress; Warrantless search; Plain view doctrine; Knock-and-talk doctrine | |
| State v. McKoy (19-337 - Unpublished)
discharging a firearm into occupied property; jury instructions; justification or excuse; self-defense | |
| State v. McRae (19-114 - Unpublished)
assault with a deadly weapon - Rule 404(b) evidence; plain error | |
| State v. Moore (19-247 - Unpublished)
First Degree Murder, Possession of Firearm, Ineffective Assistance of Counsel | |
| State v. Murray (19-328 - Unpublished)
Probation Revocation, Willful Absconding, Civil Judgment | |
| State v. Phillips (19-231 - Unpublished)
substitution of counsel; attorney's fees and appointment fee; notice and opportunity to be heard | |
| State v. Richardson (19-232 - Unpublished)
Business records; Attorney's fees | |
| State v. Sneed (18-1061 - Unpublished)
Motion to Dismiss for Insufficiency of the Evidence; Rule 404; Witness Credibility | |
| State v. Southern (18-1173 - Unpublished)
sufficient evidence of disseminating obscenity; obscene materials; sexual conduct; lewd exhibition; relevant evidence; Rule 403; ineffective assistance of counsel; no plain error | |
| State v. Walton (18-1280 - Unpublished)
sexual battery | |
| State v. Williams (19-359 - Unpublished)
kidnapping; armed robbery; sufficiency of evidence of restraint to support kidnapping charge independent of the underlying robbery; kidnapping inherent in robbery | |
| State v. Wyche (19-201 - Unpublished)
First-Degree Murder, Jury Instruction, Lesser Included Offense |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 51 PETITIONS AND 261 MOTIONS.
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Filed: 15 October 2019 Mandate: 4 November 2019 Zip File of Published Opinions Case Title / Description | |
| Gift Surplus, LLC v. State of NC (18-1140 - Published)
Illegal sweepstakes; Gambling; Injunction. | |
| In re: Duvall (19-197 - Published)
Concealed handgun permit; application as affidavit; procedural due process; notice and opportunity to be heard; lack of transcript or narrative; NC Rule of Appellate Procedure, Rule 9(c); statutory definition of addiction; 21 USC 802. | |
| In re: F.S. (18-1237 - Published)
adjudication of neglect and dependency; residual hearsay; insufficient evidence; ruling after reversal. | |
| In re: J.C.M.J.C., J.J.C.C., C.O.C. (18-1269 - Published)
Adjudication of Neglect; findings of neglect not supported by the evidence; conclusion of neglect not supported by the findings; Juvenile Interference Order | |
| In re: J.T.S. & S.C.S. (18-1214 - Published)
N.C.G.S. 7B-906.1(n), waiver or review hearings, preservation, reunification | |
| In re: S.B. & Z.O. (19-141 - Published)
3.1 permanency planning custody, guardianship; NCGS §§ 7B-906.1, 906.2, 600 | |
| In re: E.B. (19-158 - Published)
termination of parental rights; willful abandonment; sufficient evidence | |
| Jubilee Carolina, LLC v. Town of Carolina Beach (18-1108 - Published)
Conditional Use Permit; Vested Rights, Whole Record Test. | |
| State v. Griffin (18-1164 - Published)
Rule of Evidence 702; expert opinion testimony; Daubert reliability inquiry; forensic firearm identification; no plain error; | |
| State v. Resendiz-Merlos (19-149 - Published)
Double Jeopardy; Issue Preservation; Manifest Necessity; Mistrial. | |
| State v. Thomas (19-25 - Published)
murder - motion to suppress; kidnapping - motion to dismiss; Rule 404(b) - error in admitting evidence | |
| Trang v. L J Wings, Inc. (19-142 - Published)
Dram shop liability; defendant's policies and procedures; directed verdict; special jury instructions; N.C. R. Civ. P. 51(a); summarize evidence; equal stress; effect of jury's verdict. | |
| Unger v. Unger (18-1234 - Published)
child support; arrearages; contempt; civil contempt; criminal contempt; Rule 60; purge; statute of limitations | |
| Unpublished Opinions 15 October 2019 - Rule 30e - Zip File of Unpublished Opinions Mandate: 4 November 2019 | |
| Cromie v. Cromie (18-1213 - Unpublished)
Equitable Distribution; Unequal Distribution; Evidence Supporting Findings of Fact | |
| Garrett v. The Goodyear Tire & Rubber Co. (19-228 - Unpublished)
Worker's Compensation disability, remand | |
| Hopkins v. Edgerton (19-169 - Unpublished)
No contact order, Chapter 50C, Rule 41(b) | |
| In re L.M.W. and L.S.W. (19-42 - Unpublished)
Parental Rights, Neglect | |
| In re W.J.I. (19-1 - Unpublished)
Termination of parental rights for willful abandonment, N.C. Gen. Stat. § 7B-1111(a)(7); no finding of willfulness requires vacation | |
| In re: A.H.A. & D.N.A. (18-1057 - Unpublished)
Reunification Reunification efforts Permanent plan | |
| In Re: B.N.C., V.L.C., A.R.C. (19-2 - Unpublished)
termination of parental rights; findings of neglect supported by the evidence; findings support the conclusion; termination in best interests of the child; no-merit brief | |
| In re: J.O. (18-1079 - Unpublished)
Guardianship; Juvenile; Non-relative Placement. | |
| Lamont v. Larsen (19-193 - Unpublished)
motion to dismiss, modification of custody, substantial change of circumstances | |
| Morris v. Morris (19-224 - Unpublished)
Consent Order; Equitable Distribution Consent Judgment; Contempt. | |
| State v. Bell (19-60 - Unpublished)
Possession With Intent To Distribute, Evidence, Jury Instruction | |
| State v. Boger (19-220 - Unpublished)
attorneys' fees re: indigent defendant NCGS § 7A-455 -notice and opportunity to be heard; impanelling jury: evidence of occurrence in record | |
| State v. Gamez (19-237 - Unpublished)
First Degree Murder, Assault Inflicting Serious Injury, Assault with a Deadly Weapon, Jury Instructions | |
| State v. Graham (18-1186 - Unpublished)
Motion to Dismiss; Lesser included offense; Jury Instruction; Plain Error | |
| State v. Gupton (18-818 - Unpublished)
Insanity; Arson; Burning | |
| State v. Hogan (19-39 - Unpublished)
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| State v. Hyman (18-1015 - Unpublished)
probation revocation; finding of good cause shown and stated; clerical error | |
| State v. Martin (18-472 - Unpublished)
Felony child abuse, misdemeanor child abuse | |
| State v. Spencer (19-45 - Unpublished)
sex offender registry, failure to register, sufficiency of indictment, voluntary absence from sentencing hearing, attorney fees, waiver, closing arguments, veracity of party or witness. | |
| State v. St.er (18-1067 - Unpublished)
Substantial evidence, hit and run, common law robbery, first-degree kidnapping, assault on a female, habitual felon status | |
| State v. Weathers (19-84 - Unpublished)
felony possession of stolen goods; felony larceny; fatal variance; hearsay; business records | |
| Sylla v. Enos-Sylla (18-1059 - Unpublished)
child support; contempt | |
| Tucker v. The Clerk of Ct. of Forsyth Cty. (18-1228 - Unpublished)
Fraud and NC RICO claims dismissed; no subject matter jurisdiction to review Rule 60 motion to reconsider interlocutory dismissals |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 51 PETITIONS AND 261 MOTIONS.
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Filed: 1 October 2019 Mandate: 21 October 2019 Zip File of Published Opinions Case Title / Description | |
| Ayers v. Currituck Cty. Dep't of Soc. Servs. (18-1007 - Published)
Termination of a career State employee; Warren analysis. | |
| Carlton v. Univ. of NC at Chapel Hill (19-140 - Published)
attorney's fees, State employee grievance | |
| In re: S.P. & J.P. (18-1190 - Published)
Evidence required at permanency planning hearing | |
| McMillan v. McMillan (18-1279 - Published)
Child custody; Termination of Juvenile Court jurisdiction. | |
| Mount Airy-Surry Cty. Airport Auth. v. Angel (18-1019 - Published)
Summary ejectment; lease agreement; holdover provision; renewal by operation of common law; waiver; novation | |
| Shirey v. Shirey (18-1011 - Published)
Divorce, alimony and child support; consent judgment; separate property; release; distribution of proceeds; changed conditions; substantial change in circumstances; modification of consent order; attorneys fees; voluntary increased support payment. | |
| State v. Bryant (19-175 - Published)
citation; amendment; shoplifting; larceny | |
| State v. Cheeks (18-884 - Published)
First Degree Murder, Murder by Starvation, Criminal Procedure, Fatal Variance | |
| State v. Jones (18-229 - Published)
motion to suppress, search directly related to supervision | |
| State v. Kimble (18-1090 - Published)
false testimony; material and knowingly and intentionally used; credibility | |
| State v. Miller (19-66 - Published)
Discharge of firearm into vehicle; Sentencing error. | |
| State v. Rieger (18-960 - Published)
Criminal court costs; meaning of in every criminal case in costs statute; statutory construction; costs not intended to be punitive | |
| State v. Sides (18-1016 - Published)
Voluntary absence by intoxication; waiver of right to be present at trial; no error in failing to conduct competency hearing before proceeding with trial; no error in amending judgments to correct clerical error ex parte | |
| State v. Williams (19-24 - Published)
First degree murder, attempted murder, competency, not guilty by reason of insanity, waiver to admit criminal acts | |
| Unpublished Opinions 1 October 2019 - Rule 30e - Zip File of Unpublished Opinions Mandate: 21 October 2019 | |
| Almason v. S.gate on Fairview Condo. Ass'n, Inc. (19-147 - Unpublished)
North Carolina Nonprofit Corporation Act; attorney's fees | |
| Baker v. Warner (19-186 - Unpublished)
Summary Judgment; Affidavits | |
| Burns v. Skjonsby (18-1094 - Unpublished)
child custody modification; substantial change of circumstances affecting the minor child; best interests analysis; relocation | |
| Evans v. Popkin (19-223 - Unpublished)
Malpractice claim against court-appointed criminal defense counsel; failure to state a claim on which relief could be granted | |
| Glaize v. Glaize (19-292 - Unpublished)
Jurisdiction; Rule 3; Failure to Comply. | |
| Glaize v. Glaize (19-293 - Unpublished)
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| In re J.V. (19-111 - Unpublished)
Termination of parental rights; Duty to sua sponte inquire into appointing a GAL during a termination hearing based on a parent's alleged incompetency; Failure to make findings of fact during best interest phase; Neglect. | |
| In re: A.L.L. (19-41 - Unpublished)
Termination of parental rights; Best interests of the child; Adoptability. | |
| In re: C.S., J.M., J.H. (18-1309 - Unpublished)
Termination of Parental Rights; Neglect. | |
| In re: K.D. (18-1099 - Unpublished)
Termination of Parental Rights; Bond between parent and juvenile | |
| In re: M.J.S. (18-1063 - Unpublished)
termination of parental rights; subject matter jurisdiction; preservation | |
| In Re: Moorehead I, LLC (19-69 - Unpublished)
power of sale in a deed of trust; foreclosure; non-judicial proceedings | |
| In The Matters Of: J.D.H. & J.D.A. (18-880 - Unpublished)
Termination of parental rights; neglect | |
| Little v. Little (19-212 - Unpublished)
child support obligation modification; self-employment; income | |
| Riopelle v. Riopelle (19-241 - Unpublished)
Subject Matter Jurisdiction, Findings of Fact, Impartiality, Visitation, Child Custody | |
| State v. Batchelor (19-172 - Unpublished)
Motion to dismiss; PWC; criminal monetary obligations entered as civil judgments | |
| State v. Craft (19-53 - Unpublished)
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| State v. Daye (18-1142 - Unpublished)
Jury instructions, self-defense | |
| State v. Graham (19-137 - Unpublished)
post-conviction DNA testing; Fifth Amendment | |
| State v. Hampton (18-1119 - Unpublished)
traffic stop, Fourth Amendment, motion to suppress | |
| State v. Jackson (19-46 - Unpublished)
robbery with a dangerous weapon; first-degree murder; sentencing; motion to dismiss; closing argument; substantial similarity of prior out-of-state conviction | |
| State v. Long (19-81 - Unpublished)
failure to work after being paid NCGS § 14-104; preservation of motion to dismiss NCGS § 15A-1227; jury instructions vs. indictment; restitution | |
| State v. Massey (18-1068 - Unpublished)
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| State v. McDonald (19-182 - Unpublished)
Best Evidence Rule, Prior Conviction,ACIS Printout | |
| State v. Murdock (19-107 - Unpublished)
habitual felon indictment; separation of powers; findings of mitigating factors | |
| State v. Murray (19-106 - Unpublished)
obtaining property by false pretenses; ineffective assistance of counsel | |
| State v. Norris (19-63 - Unpublished)
Lay opinion testimony by law enforcement officer; plain error; use of prior inconsistent statement at trial; jury instruction on identity | |
| State v. Palacios (19-128 - Unpublished)
controlled substances; trafficking in heroin; absence of quantity on verdict form; ambiguity of verdict; hearsay; confidential informant tip | |
| State v. Taylor (19-95 - Unpublished)
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| State v. Thomas (18-976 - Unpublished)
Lay opinion testimony by law enforcement officer; co-conspirator exception to hearsay rule | |
| State v. Thorne (19-159 - Unpublished)
Flight Instruction | |
| State v. Tyrer (19-23 - Unpublished)
character evidence | |
| State v. Vorheis (18-1219 - Unpublished)
Motion to suppress; officer approach to car in empty parking lot late at night; consensual encounter or seizure | |
| Yigzaw v. Asres (19-12-2 - Unpublished)
Child Support High-Income |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 51 PETITIONS AND 261 MOTIONS.
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Filed: 17 September 2019 Mandate: 7 October 2019 Zip File of Published Opinions Case Title / Description | |
| Dillingham v. Ramsey (18-811 - Published)
past due child support, arrears, abuse of discretion | |
| In re: D.W.L.B. (19-163 - Published)
Sufficiency of juvenile indictment, false report of mass violence, reporting, reasonably belief | |
| In re: E.A. (19-277 - Published)
juvenile delinquency; mental health | |
| In re: Worsham (18-1302 - Published)
secured transactions; mortgages; deeds of trust; foreclosure | |
| Raleigh Hous. Auth. v. Winston (18-1155 - Published)
lease termination; serious or repeated violation of material term; due process | |
| State v. Caddell (18-1284 - Published)
Probable cause; Search warrant; Motion to Suppress; Controlled purchase. | |
| State v. Goodwin (18-1157 - Published)
Structural Error; Sixth Amendment; Vacated and Remanded. | |
| State v. Neal (18-1113 - Published)
Reasonable suspicion; Anonymous tip; Motion to Suppress; Investigatory stop; Expert testimony | |
| State v. Pavkovic (19-126 - Published)
violation of a noise ordinance; resisting a police officer; challenged constitutionality of the ordinance and arrest; challenged admissibility of evidence re: notice ordinance violation | |
| State v. Stephenson (19-98 - Published)
Failed Indictment, Evidence, Restitution | |
| State v. Williams (18-1136 - Published)
motion to suppress, unknown middle man | |
| Warren v. N.C. Dep't of Crime Control & Pub. Safety (18-532 - Published)
Just Cause; Employee Termination; Disparate Treatment; Unacceptable Personal Conduct. | |
| Unpublished Opinions 17 September 2019 - Rule 30e - Zip File of Unpublished Opinions Mandate: 7 October 2019 | |
| Bridges v. Bridges (19-207 - Unpublished)
10 USC 1450; motion for summary judgment | |
| Colton v. Bank of Am. Corp. (19-166 - Unpublished)
Motion to Dismiss; 12(b)(6); Fraud; Unfair and Deceptive Trade Practices | |
| Daniele v. Daniele (18-749 - Unpublished)
Child Custody; Jurisdiction; Modification; Substantial Change in Circumstances; Welfare of the Minor Children. | |
| Holmberg v. Holmberg (19-52 - Unpublished)
Child custody; Sufficiency of findings of fact; Required finding of fact for supervised visitation; N.C. Gen. Stat. 50-13.5(i) | |
| In re: A.M.C., Z.L.C., M.D.C., W.Y.C., R.N.C. & K.M.C. (18-1260 - Unpublished)
TPR based on NCGS § 7B-111(a)(2) | |
| In re: C.T.D., B.R.D., L.H.D., M.R.D., M.D.D. (18-1209 - Unpublished)
termination of parental rights; reasonable progress; incarceration | |
| Lindberg v. Lindberg (19-78 - Unpublished)
Abuse of discretion; Appointment of arbitrator | |
| Oko v. N.land Inv. Corp. (19-165 - Unpublished)
summary judgment; pro se litigant; record on appeal; settlement order; service; affidavit; Rule 56 | |
| Perry v. Jackson (18-862 - Unpublished)
Summary judgment, Rule 60(b), setting aside a judgment, abuse of discretion | |
| State Farm Mut. Auto. Ins. Co. v. Don's Trash Co., Inc. (18-735 - Unpublished)
Summary judgment, insurance coverage, workers' compensation | |
| State v. Ammons (18-1293 - Unpublished)
driving while impaired; habitual driving while impaired; North Carolina Rule of Evidence Rule 702(a1) | |
| State v. Cody (18-931 - Unpublished)
Sentencing; Prior Record Level; Preservation; Motion to Dismiss. | |
| State v. Duff (18-874-2 - Unpublished)
Probation revocation post-expiration; Necessary Findings of Fact; Clerical Error | |
| State v. Henderson (18-760 - Unpublished)
Sex offender address registration, admission of arrest warrant as evidence, plain error | |
| State v. Herring (19-143 - Unpublished)
Revocation of Probation | |
| State v. King (19-15 - Unpublished)
taking indecent liberties with a child; character evidence; Rule 404; Rule 405; rebuttal witness; ?open the door? | |
| State v. Lutz (18-1291 - Unpublished)
vouching; expert opinion; sexual assault; physical evidence; personal knowledge; Rule of Evidence 701; invited error; ineffective assistance of counsel; deficient performance; motion to dismiss; de novo; statutory sexual offense; attempted statutory sexual offense | |
| State v. Phelps (19-28 - Unpublished)
Insufficient evidence Residency Jury instructions Fatally ambiguous | |
| State v. Trice (18-1292 - Unpublished)
Expert Testimony, Jury Instruction, Habitual Felon | |
| State v. Young (18-1232 - Unpublished)
4th Amendment search of person without warrant, exigent-incident to arrest, consent-probable cause and smell of drugs; motion to suppress; sufficiency of evidence to support trial court's ruling | |
| Tallent v. Postlewaite (19-49 - Unpublished)
Equitable Distribution, Valuation | |
| Vandiver v. Houston (19-196 - Unpublished)
Contract, Chapter 47H, Fees, Evidence |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 51 PETITIONS AND 261 MOTIONS.
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Filed: 3 September 2019 Mandate: 23 September 2019 Zip File of Published Opinions Case Title / Description | |
| Brawley v. Sherrill (18-1043 - Published)
will interpretation; per stirpes | |
| Burroughs v. Green Apple, LLC (18-248 - Published)
unemployment compensation benefits; misconduct connected with the work | |
| Hinson v. Cont'l Tire The Ams. (18-770 - Published)
Asbestosis; Workers? Compensation; Causation; Medical Testimony; Consolidated Cases | |
| In re: K.J. (18-639 - Published)
involuntary commitment; waiver; dismissal | |
| K2HN Constr. NC, LLC v. Five D Contractors, Inc. (19-104 - Published)
Summary Judgment; Motion to Dismiss; Appellate Rules Violations | |
| NC Farm Bureau Mut. Ins. Co., Inc. v. Martin (18-328 - Published)
Insurance Policy Terms interpretation | |
| Newman v. Stepp (19-112 - Published)
NIED; Judgment on the Pleadings; Foreseeability. | |
| Patton v. Vogel (19-62 - Published)
Motion to dismiss; lack of personal jurisdiction; services of process, N.C. Gen. State. sec. 1A-1, Rule 4(j); dwelling house or usual place of abode, designated delivery service; 60 days extension; presumption of effective service. | |
| Rotruck v. Guilford Cty. Bd. of Elections (19-303 - Published)
Voter registration challenge; appeal of Superior Court's affirmance of county board of elections decision sustaining challenge; no error | |
| State v. Betts (18-963 - Published)
Indecent liberties; limiting instruction; Profile testimony; vouching; PTSD instruction; prior acts | |
| State v. Canady (18-985 - Published)
First degree murder, AWDWISI, attempted first degree murder, photographic evidence, Rule 403 | |
| State v. Glover (18-538 - Published)
Jury instructions, acting in concert, constructive possession, sentencing, prior record level calculations, stipulations to prior conviction classifications, out-of-state convictions, motion for appropriate relief | |
| State v. Holley (18-1089 - Published)
Resist, Delay, or Obstruct a Public Officer; Probable Cause; Voluntary Abandonment | |
| State v. Holshouser (18-1138 - Published)
Possession of a Firearm by a Felon; Justification; Ineffective Assistance of Counsel | |
| State v. Mahatha (18-734 - Published)
traffic stop, reasonable suspicion, speeding to elude arrest, habitual felon, waiver of counsel, N.C. Gen. Stat. 15A-1242, new trial | |
| State v. Smith (19-92 - Published)
Fifth Amendment; Double Jeopardy Clause; assault with a deadly weapon inflicting serious injury; assault by a prisoner with a deadly weapon; possess dangerous weapon in prison inflict injury; possession of dangerous weapon in prison | |
| Washington v. Cline (18-1069 - Published)
Violation of right to speedy trial under North Carolina Constitution; no private cause of action for injunctive relief or money damages because of constitutional violation | |
| Unpublished Opinions 3 September 2019 - Rule 30e - Zip File of Unpublished Opinions Mandate: 23 September 2019 | |
| Dimmette v. Dimmette (19-194 - Unpublished)
interlocutory appeal; substantial right; civil contempt; criminal contempt | |
| Epps v. Cont'l Tire The Ams. (18-768 - Unpublished)
Asbestosis; Workers? Compensation; Causation; Medical Testimony; Consolidated Cases | |
| First Tech. Fed. Credit Union v. Sanders (19-187 - Unpublished)
secured party; notice of liability for a deficiency; canceled security agreement | |
| Gillis v. Gillis (18-430 - Unpublished)
Alimony; Adverse Party Called as Expert Witness; Sufficiency of Fact Findings | |
| In re: M.C.M. (18-1197 - Unpublished)
| |
| J. Freeman Props., LLP v. Cross Dev. CC Charlotte S., LLC (18-1176 - Unpublished)
Interlocutory Appeal; Res Judicata; Substantial Right; Second Dismissal Rule | |
| Loyd v. Loyd (18-641 - Unpublished)
Child support and custody, Substantial change of circumstances, Attorney's Fees | |
| Newell v. Cont'l Tire The Ams. (18-767 - Unpublished)
Asbestosis; Workers? Compensation; Causation; Medical Testimony; Consolidated Cases | |
| Shipman v. Murphy Brown, LLC (18-1243 - Unpublished)
workers' compensation, findings of fact, suitable employment, proof of ongoing disability, award of disability benefits | |
| Smith v. NC Dept. of Pub. Safety (18-1047 - Unpublished)
Tort Claims Act, Negligence, Misplaced Mail | |
| State v. Bobbitt (19-9 - Unpublished)
motion to dismiss; kidnapping; jury instruction; lesser-included offense of misdemeanor larceny | |
| State v. Curlee (19-285 - Unpublished)
Larceny from a merchant; Insufficiency of indictment; Failure to allege two elements in indictment. | |
| State v. Johnson (19-109 - Unpublished)
Indictment Waiver of Counsel Inquiry | |
| State v. McCann (18-1053 - Unpublished)
| |
| State v. Orr (18-1050 - Unpublished)
search and seizure; investigatory stop; reasonable suspicion; driving while impaired | |
| State v. Scott (18-1152 - Unpublished)
Rule 611 Rule 106 Insufficient Evidence Speeding to elude arrest | |
| State v. Shamberger (18-1143 - Unpublished)
| |
| Stewart v. Meshesha (18-1013 - Unpublished)
Attack on adequacy of damages awarded by jury; new trial sought; failure to make Rule 59 motion or otherwise preserve issues warrants dismissal of appeal | |
| Tompkins v. Laughlin (18-1191 - Unpublished)
Contract; Oral Agreement; Implied in Fact | |
| Welch v. Cont'l Tire The Ams. (18-769 - Unpublished)
Asbestosis; Workers? Compensation; Causation; Medical Testimony; Consolidated Cases | |
| Wilson v. Cont'l Tire The Ams. (18-766 - Unpublished)
Asbestosis; Workers? Compensation; Causation; Medical Testimony; Consolidated Cases | |
| Woodard v. NC Dep't of Com. (19-135 - Unpublished)
employment law; unemployment benefits | |
| Young v. McClain (18-646 - Unpublished)
Child support; Calculating Income |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 51 PETITIONS AND 261 MOTIONS.
|
|
Filed: 20 August 2019 Mandate: 9 September 2019 Zip File of Published Opinions Case Title / Description | |
| Bethesda Rd. Partners, LLC v. Strachan (18-1170 - Published)
Summary Judgment-Liability Discharged, Mere Instrumentality, Breach of Fiduciary Duty, Constructive Fraud; Motion to Join; Damages-Recovery Amount, Equitable Contribution, Waiver Defenses. | |
| In re: J.D. (18-1036 - Published)
second-degree sexual exploitation of a minor; first-degree forcible sexual offense; NCGS § 7B-2501(c); NCGS § 7B-2605; right to confrontation; attempted larceny | |
| Manley v. Maple Grove Nursing Home (19-154 - Published)
Deficient notice of appeal; failure to designate appeal from final judgment | |
| NC Farm Bureau Mut. Ins. Co., Inc. v. Dana (18-1056 - Published)
Car insurance; UIM Coverage; contracts | |
| State v. Anthony (18-1118 - Published)
SBM | |
| State v. Bailey (18-1187 - Published)
Trafficking in Cocaine; Motion to Suppress; Search Warrant-Probable Cause | |
| State v. Ellis (18-817 - Published)
Obscene gestures, disorderly conduct, reasonable suspicion, sentencing, stipulated prior record level | |
| State v. Miles (18-1274 - Published)
Motion to Dismiss; Issue Preservation; Rule 2; Sufficiency of the Evidence; Opinion Testimony; Plain error; Jury Instruction; Statutory Interpretation; Identity Theft. | |
| State v. Rutledge (19-32 - Published)
Posession of methamphetamine; Wiaver of right to jury trial, NCGS 1201; formal arraignment; revocation within 10 working days after prior arraignment. | |
| State v. Thompson (17-477-2 - Published)
(View Supreme Court Opinion) motion to suppress; Summers detention; occupant of premises being searched | |
| Voliva v. Dudley (19-58 - Published)
Competing motions for summary judgment; contradictory affidavits created genuine issue of material fact; summary judgment improper | |
| Watkins v. Benjamin (18-894 - Published)
Modification of child support order; change in custody was substantial change in circumstances; exercise of subject matter jurisdiction proper | |
| Unpublished Opinions 20 August 2019 - Rule 30e - Zip File of Unpublished Opinions Mandate: 9 September 2019 | |
| Bache v. TIC- Gulf Coast (18-788 - Unpublished)
Workers Comp - course and scope of employment | |
| Bender v. Hornback (18-1006 - Unpublished)
Untimely appeal; child custody; consent order | |
| Goss v. Solstice E., LLC (18-1158 - Unpublished)
North Carolina Rule of Civil Procedure 9(j); medical malpractice; breach of contract; breach of fiduciary duty | |
| In re: K.W. (19-108 - Unpublished)
Juvenile delinquency adjudication; insufficient evidence of second-degree kidnapping | |
| In re: Stephens (18-1058 - Unpublished)
Nonjudicial Foreclosure, Deed of Trust; Truth in Lending Act; Motion of Sanctions; | |
| Martin v. Thotakura (18-1247 - Unpublished)
Medical malpractice; wrongful death claim; and survivorship claim | |
| State v. Barnett (18-831 - Unpublished)
DWI; Probable Cause; Plain Error. | |
| State v. Hall (18-1172 - Unpublished)
SBM | |
| State v. Hernandez (18-973 - Unpublished)
Improper presentment/indictment procedure; no subject matter jurisdiction in superior court; dismissal improper; remand to district court | |
| State v. Mcaninch (18-852 - Unpublished)
DWI; Lay Witness Testimony; Jury Deliberations; Opinion of Court | |
| Sysco Charlotte, LLC v. Naik (18-1037 - Unpublished)
Summary Judgment; Piercing the Corporate Veil; Entry of Default | |
| Weeks v. Weeks (18-1076 - Unpublished)
Findings of fact required to support alimony award. |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 51 PETITIONS AND 261 MOTIONS.
|
|
Filed: 6 August 2019 Mandate: 26 August 2019 Zip File of Published Opinions Case Title / Description | |
| Couick v. Jessup (18-1200 - Published)
DMV, authority to act, chemical analysis, affidavit, NC Gen. Stat. section 20-16.2 | |
| Crosmun v. Trustees Of Fayetteville Technical Cmty. Coll. (18-1054 - Published)
Electronic Discovery; Motion to Compel; Forensic Examination; Attorney-Client Privilege; Work-Product Immunity | |
| In re: C.M.B. (18-1002 - Published)
juvenile court, Chapter 7B, UCCJEA, transfer of jurisdiction | |
| In re: C.N. & A.N. (18-1031 - Published)
Termination of parental rights; neglect, NCGS 7B-1111(a)(1); probability of future neglect; reasonable progress, NCGS 7B-1111(a)(2) | |
| In re: Custodial L. Enforcement Recording Sought By City Of Greensboro (18-992 - Published)
Release of police body-camera recordings, abuse of discretion, gag orders, First Amendment | |
| In re: Entzminger (18-1224 - Published)
Attorney discipline; standard of review; inherent authority of the court, NCGS 5A-15(a); representations to the court; conduct calling the court into disrepute. | |
| In re: Nicor, LLC (18-1071 - Published)
power of sale foreclosure; anti-deficiency statutes; right to foreclose under the instrument; enjoining mortgage sale on equitable grounds | |
| Raleigh Radiology LLC v. NC Dep't of Health & Hum. Servs. (18-785-2 - Published)
Office of Administrative Hearings; substantial prejudice; certificate of need; department of health and human services; standard of review; comparative analysis; MRI; agency; criteria; conforming; deference; adverse inference; destruction of evidence; cross appeal; statutory compliance | |
| State of NC v. Ortiz (18-1311 - Published)
Bond forfeiture Exclusive relief Criminal process | |
| State v. Edgerton (18-1091 - Published)
Habitual Larceny Essential Elements Arraignment Authority to stipulate | |
| State v. Hollars (18-932 - Published)
competency hearing; competency to stand trial; due-process violation; bona-fide-doubt inquiry; retrospective competency hearing | |
| State v. Konakh (18-1249 - Published)
motion to withdraw plea; motion for appropriate relief; no manifest injustice; | |
| State v. Matthews (18-1257 - Published)
Probation Revocation; Consent to District Court Jurisdiction; Petition for Writ of Certiorari | |
| State v. Patterson (18-1052 - Published)
Sex offender registration, N.C. Gen. Stat. 14-27.7, N.C. Gen. Stat. 14-208/7, definition of business day, insufficient evidence of willful failure to return an address verification form | |
| State v. Redmond (18-801 - Published)
robbery with a dangerous weapon, lesser included offense, common law robbery | |
| State v. Tucker (18-1295 - Published)
Satellite-based monitoring; Lack of evidence; Court of Appeals panels bound by earlier panel decisions | |
| Sterling Title Co. v. Martin (18-1189 - Published)
enforceability of non-compete agreement; North Carolina Trade Secrets Protection Act | |
| Suarez v. Am. Ramp Co. (19-36 - Published)
Negligence; Gross negligence; Interlocutory appeal affecting substantial right due to the possibility of inconsistent verdicts; Motion to dismiss based on N.C.R. Civ. P. 12(b)(6); N.C. Gen. Stat. Section 99E-21 et seq. (Hazardous Recreational Activities Act). | |
| The Bank of Hampton Rds. v. Wilkins (18-1239 - Published)
N.C.R. Civ. P. 60(a); Correction of misnomer in plaintiff's name; Laches,Judicial estoppel | |
| Unpublished Opinions 6 August 2019 - Rule 30e - Zip File of Unpublished Opinions Mandate: 26 August 2019 | |
| Anderson v. Tredwell (19-31 - Unpublished)
Domestic Violence Protective Order Fear of imminent serious bodily injury Actual fear Subjective | |
| Buttacavoli v. Buttacavoli (18-1033 - Unpublished)
Equitable distribution; Award of attorneys' fees; Willful civil contempt; Violations of Rule 11 | |
| Carney v. Wake Cty. Sheriff's Off. (18-1299 - Unpublished)
Rule 12(b)(6) dismissal for failure to state a claim; Sufficiency of allegations in complaint; Negligent infliction of emotional distress; Intentional infliction of emotional distress | |
| Everbank Com. Fin., Inc. v. The Hunoval L. Firm, PLLC (18-909 - Unpublished)
Motion to disqualify counsel | |
| Foxx v. Foxx (18-728 - Unpublished)
Equitable distribution; Classification of property; Sufficiency of findings of fact; Post-separation business distributions; Classification of workers' compensation and personal injury awards; Incorrect legal standard and burden of proof | |
| Garlock v. Roland (18-755 - Unpublished)
Decedent's Estates; Real Property; Quiet Title Action; Standing; Deed; Ambiguity. | |
| Hutton v. The Davey Tree Expert Co. (18-1148 - Unpublished)
Rule 59 Motions; Preservation of Error; Worker?s Compensation Lien | |
| Mangum v. Bond (19-19 - Unpublished)
Malicious Prosecution; Statute of Limitations | |
| Pachas v. NC Dep't of Health & Hum. Servs. (17-710-2 - Unpublished)
Medicaid income limits; CAP/DA eligibility; Waiver of eligibility rules under 42 U.S.C. 1396n(c); Sufficiency of record evidence of waiver | |
| Quality Built Advantage, Inc. v. Graham (18-1230 - Unpublished)
Motion to Dismiss; Failure to State a Claim; Failure to Join a Necessary Party | |
| Reis v. Carswell (18-1039 - Unpublished)
Motion to Dismiss; Motion for Sanctions; Intestate Succession; Interlocutory Order; PWC | |
| State v. Alcon (19-22 - Unpublished)
Probation revocation; N.C. Gen. Stat. Section 15A-1344. | |
| State v. Bivens (18-800 - Unpublished)
Indigent Defendant Attorney?s Fees; Civil Judgments; Adequate Notice and Hearing; Petition for Writ of Certiorari; Motion to Dismiss | |
| State v. Bradley (18-1297 - Unpublished)
| |
| State v. Brewer (18-1246 - Unpublished)
Possession of Firearm by Felon; Habitual Felon; | |
| State v. Byrd (18-1028 - Unpublished)
Ob. Prop. By False Pretense; M Poss. Stolen Prop; Habitual Felon; Actually Deceived; ID of Perpetrator | |
| State v. Cox (19-160 - Unpublished)
Guilty Plea; Possession of Meth; Canine Sniff; PWC | |
| State v. Davis (18-559 - Unpublished)
Motion to Suppress; Out of Court Identification; Due Process; Admissibility of Evidence; Examination by the Court; Jury Instructions; Attempted. | |
| State v. Fancher (18-1115 - Unpublished)
Self-defense jury instruction; Ineffective Assistance of Counsel; Plain error | |
| State v. Felts (18-823 - Unpublished)
Sufficiency of indictment; subject matter jurisdiction; negligent child abuse; N.C.G.S. Sec. 15A-1340.14(b)(6) | |
| State v. Flowers (18-832 - Unpublished)
possession of a controlled substance; possession of drug paraphernalia; plain error; motion to suppress; reasonable suspicion; motion to dismiss; constructive possession; relevance | |
| State v. Griggs (18-1000 - Unpublished)
imperfect self-defense; cumulative trial errors; plain error; substantial similarity of out-of-state offense | |
| State v. Harrington (18-644 - Unpublished)
Motion to Suppress; Plea Agreement; Restitution. | |
| State v. Holliday (18-1144 - Unpublished)
kidnapping; common law robbery; motion to dismiss; indictment variance; fatal variance; confinement; restraint; removal; forcibly moved; N.C. Gen. Stat. § 14-39; insufficiency of the evidence; double jeopardy; asportation; restitution | |
| State v. Ibrahim (18-1081 - Unpublished)
DWI; Aggravating/Grossly Aggravating Factors; Sentencing; Trial Court Misapprehension of Law | |
| State v. McBride (18-1282 - Unpublished)
| |
| State v. McCoy (19-85 - Unpublished)
Criminal law; Habitual Larceny; Factual Basis; Right to Appeal | |
| State v. Middleton (18-131 - Unpublished)
search warrant, probable cause, affidavit | |
| State v. Newsuan (18-683 - Unpublished)
AWDWIKISI; Premeditation; Deliberation; Attempted Murder | |
| State v. Pope (18-1151 - Unpublished)
Possession of Meth; Possession of Drug Paraphernalia; Habitual Felon | |
| State v. Prudente (18-827 - Unpublished)
Second Degree Murder; Felony Death by Motor Vehicle; Motion to Dismiss; New Trial; 404(b); Malice; Clerical Error | |
| State v. Raynor (18-942 - Unpublished)
Methamphetamine trafficking; Denial of motion to dismiss; Sufficiency of evidence of possession | |
| State v. Roberts (18-1258 - Unpublished)
Post-Conviction DNA Testing; PWC | |
| State v. Scruggs (18-1217 - Unpublished)
Possession of firearm by felon; Carrying concealed gun without permit; Motion to dismiss; Sufficiency of evidence of possession; Jury instructions; Plain error; Surplusage in indictment | |
| State v. Simmons (18-1106 - Unpublished)
Right to jury trial Attorney's fees Opportunity to be heard | |
| State v. Strudwick (18-794 - Unpublished)
satellite based monitoring, unreasonable search | |
| State v. Thompson (18-1146 - Unpublished)
Denial of motion to suppress; Reasonableness of strip search for controlled substances; Scope of search warrant | |
| State v. Washington (18-984 - Unpublished)
possession of a firearm; stolen goods; indictment; fatally defective; possession of stolen goods; personal property; subject matter jurisdiction; fourth amendment; reasonable suspicion; automobile search; totality of the circumstances; duration of stop; fifth amendment; silence; plain error; invited error | |
| State v. Yourse (18-776 - Unpublished)
Assault on a Female; Habitual Felon; Subject Matter Jurisdiction; Self-Defense | |
| Younce v. Younce (18-962 - Unpublished)
Negligent infliction of emotional distress; Intentional infliction of emotional distress; Discovery sanctions; Summary judgment; Forecast of evidence of emotional distress |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 51 PETITIONS AND 261 MOTIONS.
|
|
Filed: 16 July 2019 Mandate: 5 August 2019 Zip File of Published Opinions Case Title / Description | |
| Bunting v. Bunting (18-839 - Published)
domestic violence protective order; continuous harassment; legitimate purpose; emotional distress | |
| Cheryl Lloyd Humphrey Land Inv. Co., LLC v. Resco Prods., Inc. (19-76 - Published)
pleading; tortious interference with prospective economic advantage; Rule 12(b)(6); ultrahazardous activity; misrepresentation; Noerr-Pennington immunity; Noerr-Pennington doctrine; First Amendment; petitioning government bodies | |
| Coates v. Durham Cty. (18-1298 - Published)
Interlocutory appeal; Appeal of superior court's remand to a municipal board for further proceedings is interlocutory and no substantial right affected; Special-use permit. | |
| Dellinger v. Lincoln Cty. (18-1080 - Published)
solar farms; quasi-judicial proceeding; conditional use permit; commissioner bias- recusal; failure to rebut prima facie case; standing to appeal. | |
| In re: K.P.J. & K.L.J. (17-1390 - Published)
ICWA, Subject Matter Jurisdiction, Full Faith and Credit, Tribal Courts | |
| Martin v. Martin (18-465-2 - Published)
domestic violence; admissibility of testimony supporting allegations of domestic violence not pleaded in the complaint; temporary child custody order; mootness | |
| OSI Rest. Partners, LLC v. Oscoda Plastics, Inc. (18-841 - Published)
discovery sanctions; right to notice | |
| Roybal v. Raulli (18-1085 - Published)
Uniform Deployed Parents Custody and Visitation Act; limited contact; prior judicial orders | |
| State v. Carey (18-1233 - Published)
Weapons of mass death and destruction, exception to NCGS 14-288.8(c); Ejusdem Generis; Rule of Lenity; motion to dismiss. | |
| State v. Crumitie (18-781 - Published)
EIRA; Eyewitness Testimony, Unavailable Expert Witness. | |
| State v. Green (18-1114 - Published)
Prior-record-level calculations;Stipulations to the classification of a defendant's prior conviction; State v. Arrington, 371 N.C. 518, 819 S.E.2d 329 (2018). | |
| State of NC, On Relation of City of Albemarle v. Nance (18-916 - Published)
Public nuisance, NCGS 19-2.1; NCGS 160A-12; Rule 12(b)(6)motion to dismiss; subject matter jurisdiction; Abandonment of issue on appeal, Appellate Rule 28(a). | |
| State v. Tincher (18-1174 - Published)
Subject-matter jurisdiction to revoke probation; N.C. Gen. Stat. Section 15A-1346; Procedures for imposing direct criminal contempt. | |
| Unpublished Opinions 16 July 2019 - Rule 30e - Zip File of Unpublished Opinions Mandate: 5 August 2019 | |
| Deutsche Bank Nat'l Tr. Co. v. Ferguson (18-1278 - Unpublished)
summary judgment; deed of trust; satisfaction; conveyance; foreclosure; bonafide purchaser for value; premature summary judgment; relevant evidence; mortgagee; mortgagor | |
| Holland v. Parrish Tire Co. (18-809 - Unpublished)
Worker's Compensation; Compensable Injury; Medical Expert; Findings of Fact. | |
| Hux v. Wilson (18-1188 - Unpublished)
standing; grandparents; unfit; ?intact family rule? | |
| In re M.C. (19-3 - Unpublished)
Dependency and Neglect; Consent Adjudication Order | |
| In re: D.M.G. (18-944 - Unpublished)
parental rights; termination; dependency; incarceration; foreseeability | |
| In re: E.M. (18-1223 - Unpublished)
Termination of parental rights, no-merit brief | |
| In re: Z.O.S-W. (18-1270 - Unpublished)
Termination of parental rights; neglect; Lack of reasonable progress; failure to support; petition for writ of certiorari, Appellate Rule 21; No-merit brief, Appellate Rule 3.1(e). | |
| McCanless v. Buchanan (18-1077 - Unpublished)
permanency planning; abused and neglected juveniles | |
| Paul v. Fattah (19-47 - Unpublished)
Parental rights; permanent custody; conditional judgment; grandparent visitation; findings of fact. | |
| Rhodes v. Robertson (18-1253 - Unpublished)
| |
| State v. Akins (18-743 - Unpublished)
Anders Review; MAR | |
| State v. Cathcart (18-1025 - Unpublished)
Sexual offense; Plain Error; corpus delicti; Ineffective Assistance of Counsel | |
| State v. Charles (18-945 - Unpublished)
| |
| State v. Gullette (19-43 - Unpublished)
Post-conviction DNA testing, appointment of counsel, materiality | |
| State v. Haddock (18-923 - Unpublished)
Improper closing argument; Non-prejudicial error where evidence of guilt is overwhelming and uncontested. | |
| State v. Johnson (18-719 - Unpublished)
felony murder, evidence, closing argument | |
| State v. Moody (18-1216 - Unpublished)
Probation revocation; Absconding; Sufficiency of evidence to support a finding of absconding. | |
| State v. Smallwood (18-694 - Unpublished)
Hearsay Plain error Prejudice Attorney?s fees | |
| State v. Vines (18-961 - Unpublished)
Motion to dismiss Theory of guilt Voluntary Intoxication Instruction | |
| Stella Mare Ristorante & Pizzeria, Inc. v. Wall (18-1042 - Unpublished)
Rule 41(b); Dismissed with prejudice; Findings of Fact; Lesser Sanctions |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 51 PETITIONS AND 261 MOTIONS.
|
|
Filed: 2 July 2019 Mandate: 22 July 2019 Zip File of Published Opinions Case Title / Description | |
| Boles v. Town of Oak Island (18-806 - Published)
statutory authority; municipal sewer service availability fees; undeveloped property | |
| Musselwhite v. Cheshire (18-1083 - Published)
Fraud; mistake; Rule 41(b) dismissal | |
| Parker v. Colson (18-145 - Published)
Town Ordinance; negligence per se; premises liability | |
| State v. Cagle (18-720 - Published)
Specific intent jury instruction; premeditation and deliberation jury instruction; trial court intervention ex mero motu | |
| State v. Futrelle (18-1289 - Published)
Waiver of indictment; NCGS 15A-642(c) | |
| State v. Lankford (18-854 - Published)
Motion to withdraw; Criminal Plea; Manifest Injustice | |
| State v. Southerland (18-1134 - Published)
Attempt, taking indecent liberty with a child, motion to dismiss. | |
| State v. Stevens (17-584 - Published)
Tolling the statute of limitations | |
| Wells Fargo Bank, N.A. v. Stocks (18-1171 - Published)
Statute of Limitations; Sealed Instrument; Reformation of Deed | |
| Unpublished Opinions 2 July 2019 - Rule 30e - Zip File of Unpublished Opinions Mandate: 22 July 2019 | |
| Atkins v. Town of Wake Forest (18-1167 - Unpublished)
Retaliatory Employment Discrimination Act, N.C. Gen. Stat. § 95-241, summary judgment, burden-shifting, nondiscriminatory purpose, evidence of pretext beyond speculation | |
| Cooper v. Ismail (18-1166 - Unpublished)
Failure to preserve. | |
| In re: Davis (18-882 - Unpublished)
home foreclosure; deed of trust; power of attorney; NCGS § 45-102 | |
| In re: K.A.W. (19-164 - Unpublished)
Involuntary Commitment | |
| In re: Madara (19-26 - Unpublished)
County board of elections; voter challenge; standard of review. | |
| Johnson v. PG Mgmt. Grp., LLC (18-1262 - Unpublished)
Voluntary Dismissal, Bad Faith, Motion to Set Aside and Real Party in Interest | |
| Morton v. Combs (18-689 - Unpublished)
civil contempt; willful noncompliance with prior court orders; unchallenged findings of fact | |
| Onizuk v. Onizuk (18-461 - Unpublished)
Equitable distribution; alimony; marital misconduct; findings of fact; attorney fees. | |
| Solesbee v. Brown (18-842 - Unpublished)
Owelty; Partition by sale; Findings of Fact and Conclusions of Law | |
| State v. Bair (18-830 - Unpublished)
habitual impaired driving; driving while licensed revoked; ineffective assistance of counsel | |
| State v. Blakeslee (18-974 - Unpublished)
Indictment Presentment State v. Baker | |
| State v. Bunch (18-1287 - Unpublished)
possession of a firearm by a felon; habitual felon status; sentence in a presumptive range; presumption of regularity; colloquy after State's evidence. | |
| State v. Campbell (18-883 - Unpublished)
second-degree murder; discharging a weapon into occupied property; appeal following guilty plea; no-merit brief | |
| State v. Cherry (18-619 - Unpublished)
possession of a stolen motor vehicle; sufficiency of the evidence of defendant's knowledge that the vehicle was stolen | |
| State v. Foster (18-975 - Unpublished)
presentments; indictments | |
| State v. Goforth (18-851 - Unpublished)
Motion to suppress; warrantless traffic stop; investigation of other crimes; measurable extension of stop; no independent reasonable suspicion | |
| State v. Gutierrez (18-733 - Unpublished)
jury instructions on reasonable doubt; denial of defendant's motion to suppress | |
| State v. Harris (18-952 - Unpublished)
Constitutional Reasonableness | |
| State v. Miller (18-1041 - Unpublished)
Motion to dismiss; Intent required for possession with intent to sell or deliver cocaine; Sufficiency of evidence required for proving habitual-felon status; and whether a habitual-felon-status trial constitutes a sentencing proceeding for purposes of the prohibition against sentencing a defendant in absentia. | |
| State v. Miller (18-904 - Unpublished)
Anders, 386 U.S. 738 (1967); larceny from a merchant; double jeopardy; motion to dismiss; ineffective assistance of counsel; unpreserved errors waived. | |
| State v. Radford (18-609 - Unpublished)
denial of defendant's motion to suppress; reasonable suspicion; extension of a traffic stop; unauthorized term of probation | |
| State v. Reaves-Speller (18-972 - Unpublished)
subject-matter jurisdiction; presentment and indictment | |
| State v. Scott (19-61 - Unpublished)
possession of a firearm by a felon; possession of marijuana paraphernalia; evidence of constructive possession; driver's dominion and control of the vehicle | |
| State v. Stark (18-802 - Unpublished)
Indictment; jury instruction; admissability of evidence; invited error. | |
| State v. Stevens (18-983 - Unpublished)
appeal from judgment entered upon defendant's guilty plea; no-merit brief | |
| State v. Winfield (19-56 - Unpublished)
probation violation; actual and constructive possession; ineffective assistance of counsel; motion for appropriate relief | |
| Wallace v. Wallace (19-77 - Unpublished)
interlocutory appeal; substantial right; personal jurisdiction |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 51 PETITIONS AND 261 MOTIONS.
|
|
Filed: 18 June 2019 Mandate: 8 July 2019 Zip File of Published Opinions Case Title / Description | |
| Crazie Overstock Promotions, LLC. v. State of NC (18-1034 - Published)
Summary judgment, gambling, video machines, chance versus skill, subterfuge | |
| Ha v. Nationwide Gen. Ins. Co. (19-75 - Published)
insurance policy cancellations; statutory interpretation | |
| Hunt v. NC Dep't of Pub. Safety (18-1195 - Published)
attorneys' fees; statutory authority | |
| In re: D.A.Y. (18-1226 - Published)
Termination of parental rights; jurisdiction; UCCJEA; Parental Kidnapping Prevention Act. | |
| In re: T.H. & M.H. (18-926 - Published)
Termination of parental rights, change in permanency plan, consideration of relevant factors, right of review for no-merit briefs | |
| Johnson v. NC Dep't of Pub. Safety (18-822 - Published)
Discrimination on the basis of sex; burden-shifting framework; veteran's preference | |
| Koonts v. First Nat'l Bank (18-1075 - Published)
interlocutory appeal; substantial right; res judicata | |
| NC Indian Cultural Ctr., Inc. v. Sanders (18-807 - Published)
Breach of contract; Session Law 2013-186; Termination of contract with State; Contract Clause; Takings Clause; Bill of Attainder; Implied covenant of quiet enjoyment; Failure to obtain proper service does not toll statute of limitations after voluntary dismissal. | |
| Sfreddo v. Hicks (18-1010 - Published)
summary judgment conducted at bench trial, motion to dismiss | |
| State v. Barrett (19-79 - Published)
Tracking dog; purebred hound; admissibility of evidence; McLeod factors; reliability. | |
| State v. Cabbagestalk (18-1267 - Published)
Traffic stop; Search and seizure; Motion to suppress | |
| State v. Ellis (19-59 - Published)
motion to suppress; possession with intent to sell or deliver marijuana; knock and talk; 4th Amendment | |
| State v. Pender (18-859 - Published)
assault; assault with deadly weapon; jury instruction; plain error; pattern jury instruction; bodily injury; offensive conduct; death; serious bodily injury; reasonable belief; self-defense | |
| Sykes v. Vixamar (18-525 - Published)
Automobile negligence; medical liens; fair medical billing statute; effect of failing to bill patient's health insurer on recovery of medical charges through patient's tort judgment | |
| Unpublished Opinions 18 June 2019 - Rule 30e - Zip File of Unpublished Opinions Mandate: 8 July 2019 | |
| Charde v. The Town of Davidson (18-938 - Unpublished)
Rezoning decision, notice of public input session; failure to follow uniform | |
| Fennell v. E. Carolina Health (18-1096 - Unpublished)
Medical malpractice/wrongful death; directed verdict; fraudulent concealment; active fraud; constructive fraud; Watts v. Cumberland Cty. Hosp. Sys. | |
| In re: A.L.L. (18-902 - Unpublished)
Termination of parental rights; parent's right to effective assistance of counsel; termination on ground of willful abandonment | |
| In re: D.F.J. (18-1127 - Unpublished)
Termination of parental rights; appeal from dispositional order challenges to findings of fact; best interests determination | |
| In re: J.P. (18-1124 - Unpublished)
Involuntary commitment; NCGS 122C-266; failure to object, N.C. R. App. 10(a)(1); suspend the rules, N.C. R. App. P. 2. | |
| In re: K.C.W. (18-927 - Unpublished)
Termination of parental rights; motion to continue; best interests determination; NCGS 7B-1110. | |
| In re: K.M.B., K.N.B., C.G.B. (18-1215 - Unpublished)
parental rights; termination; neglect; social services; custody; best interest of the child | |
| In Re: K.S.A. (18-1305 - Unpublished)
termination of parental rights; abandonment; neglect | |
| In re: M.Y-F.H., K.J.Y.H., Y.K-M.A. (18-1180 - Unpublished)
termination of parental rights; competency; appointment of a guardian ad litem | |
| State v. Barnett (18-1183 - Unpublished)
Felony animal cruelty, NCGS 14-360; lesser-included offense instruction; motion to dismiss; prior notice of defenses, NCGS 15A-905; accident, justification, ineffective assistance of counsel. | |
| State v. George (19-117 - Unpublished)
Statutory Construction, Habitual Impaired Driving | |
| State v. Gilchrist (18-479 - Unpublished)
Leg shackles; Rules of Evidence; Rule 412; Prejudice | |
| State v. Haqq (18-339 - Unpublished)
Imperfect Self-defense, Aggressor, Second-degree murder, Deadly weapon | |
| State v. Padilla-Amaya (18-856 - Unpublished)
sex offenses; satellite-based monitoring; restitution; closing argument; grossly improper; ineffective assistance of counsel; prejudice; ex mero motu; relevance; evidence; manifest injustive; Rule 2 | |
| State v. Richardson (18-855 - Unpublished)
Altering court documents or entering unauthorized judgments; Access of a government computer to defraud; Variance between indictment and proof. | |
| State v. Sparks (18-1102 - Unpublished)
robbery; conspiracy; second degree kidnapping; motion to suppress; ineffective assistance of counsel; fourth amendment; warrant; probable cause | |
| State v. Tyler (18-1184 - Unpublished)
Character evidence, motive, prior incarceration, plain error, ineffective assistance of counsel | |
| State v. Vazquez (18-1296 - Unpublished)
Reasonable Suspicion Competent Evidence Infer Confidential Informant | |
| State v. Ware (18-1185 - Unpublished)
preservation for issue, motion to dismiss | |
| State v. York (18-554 - Unpublished)
Assault with a deadly weapon with intent to kill inflicting serious injury; plain error; voluntary intoxication instruction; specific intent to kill | |
| Winston Affordable Hous., L.L.C. v. Roberts (18-553 - Unpublished)
Summary ejectment; HUD regulations; Unfair or deceptive trade practice |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 51 PETITIONS AND 261 MOTIONS.
|
|
Filed: 4 June 2019 Mandate: 24 June 2019 Zip File of Published Opinions Case Title / Description | |
| In re: A.R.C., K.M.W., C.W.S.W., A.S.W. (18-791 - Published)
Ineffective assistance of counsel Adequate review | |
| In re: C.D.H. (18-601 - Published)
termination of parental rights, ineffective assistance of counsel | |
| Patterson v. Worley (18-977 - Published)
Negligence; Contributory Negligence; Last Clear Chance; Summary Judgement | |
| State v. Denton (18-742 - Published)
expert testimony, accident reconstruction | |
| State v. Gambrell (18-900 - Published)
indecent liberties; sex offender; satellite-based monitoring; totality of the circumstances; empirical data; hearing; Grady | |
| State v. Jones (18-748 - Published)
Rule 2, discharging a firearm into occupied dwelling, assault, indictment | |
| State v. Marsh (18-808 - Published)
Withdrawal of guilty plea, imposition of a sentence other than pleaded for | |
| State v. Williams (18-994 - Published)
Embezzlement; civil settlement agreement release; no bar to criminal restitution, NCGS 15A-1343, writ of certiorari, issue of first impression. | |
| Taylor v. Hiatt (18-864 - Published)
Easements, declaratory judgment, right to erect gates, deed and plat interpretation | |
| The NC Reinsurance Facility v. Causey (18-1303 - Published)
plain meaning; The Reinsurance Facility | |
| Walsh v. Cornerstone Health Care, P.A. (18-925 - Published)
e-discovery; Rule 26(g) sanctions; abuse of discretion; notice | |
| Wygand v. Deutsche Bank Tr. Co. Ams. (18-1073 - Published)
Mortgage; Deed of Trust; Binding Arbitration; Arbitration Rider; Federal Arbitration Act | |
| Unpublished Opinions 4 June 2019 - Rule 30e - Zip File of Unpublished Opinions Mandate: 24 June 2019 | |
| Day v. Am. Airlines (18-1125 - Unpublished)
Workers? compensation, witness testimony, impermissibly disregarded, sufficiency of the evidence, credibility | |
| Harr v. Wral-5 News (19-88 - Unpublished)
res judicata | |
| In re: I.G.A. & D.A.A. (18-1179 - Unpublished)
N.C.R. App. P. 3.1; abused and neglected juveniles; adjudicatory findings; expert opinion testimony regarding sexual abuse | |
| In re: J.H.B. (18-1030 - Unpublished)
juvenile reunification efforts | |
| In re: L.B. & C.B. (18-815 - Unpublished)
termination of parental rights; stipulation to factual allegations; ineffective assistance of counsel; safe home under N.C. Gen. Stat. 7B-1111(a)(9) | |
| In re: M.F. & C.F. (18-1064 - Unpublished)
Subject Matter Jurisdiction; Verifications; Notarial Acts | |
| In re: N.J.M. (18-1154 - Unpublished)
Juvenile; Delinquency; Admissions. | |
| Luke v. Woodlawn Sch. (18-1109 - Unpublished)
Motion to disqualify counsel; Interlocutory arguments; Failure to preserve and Jurisdictional defect | |
| Martinson v. Mecklenburg Cty. DSS (18-1313 - Unpublished)
Responsible individual list, NCGS 7B-320; insufficient notice; summary judgment; offer of proof. | |
| McLamb v. Town of Smithfield (18-1235 - Unpublished)
conditional use permit; attorneys' fees | |
| Mecum Auction, Inc. v. McKnight (18-1208 - Unpublished)
Forum selection clause; Choice-of-law clause; Uniform Enforcement of Foreign Judgments Act; Full faith and credit; Contract formation; N.C. Gen. Stat. Section 228-3; Personal jurisdiction. | |
| Pangea Capital Mgmt., LLC v. Lakian (18-956 - Unpublished)
Subject Matter Jurisdiction; Appeals from Clerk to District Court; Homestead Exemption; Residency | |
| State v. Benson (18-732 - Unpublished)
Admission of a co-defendant's testimony, legitimate purpose, prejudice | |
| State v. Cseh (18-1288 - Unpublished)
Motion to Dismiss, Possession of a stolen vehicle | |
| State v. Forney (18-418 - Unpublished)
| |
| State v. Harris (18-910 - Unpublished)
Sufficiency of the evidence Rule 2 Ineffective assistance of counsel | |
| State v. Hoskins (18-1181 - Unpublished)
habitual felon; superseding indictment | |
| State v. McMahan (18-672 - Unpublished)
Presentment & Indictment | |
| State v. Queen (18-819 - Unpublished)
indecent liberties; corroborative evidence; jury instructions; statutory eligibility for satellite-based monitoring | |
| State v. Sturdivant (18-1004 - Unpublished)
Trafficking in Cocaine; Conspiring to Traffick in Cocaine; Trial in Absentia; Destruction of Trial Transcript; Unavailability of Verbatim Transcript; Forfeiture of Right to Transcript | |
| The NC State Bar v. Weckworth (18-866 - Unpublished)
Attorney discipline; Censure; Violations of Rules of Professional Conduct; Whether findings of fact in DHC order support the discipline imposed; Whether denial of motion to compel and quashing of two subpoenas violated defendant's due process rights. |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 51 PETITIONS AND 261 MOTIONS.
|
|
Filed: 21 May 2019 Mandate: 10 June 2019 Zip File of Published Opinions Case Title / Description | |
| Ashe Cty. v. Ashe Cty. Plan. Bd. (18-253 - Published)
Local government permits, zoning, state permits, sufficient applications, moratoria, binding effect of official statements | |
| Barefoot v. Rule (18-1160 - Published)
voluntary dismissal without prejudice | |
| Hills Mach. Co., LLC v. Pea Creek Mine, LLC (18-890 - Published)
Summary judgment; breach of warranty; manufacturer's warranty; extended service plan; goodwill assistance; fraud; unfair and deceptive trade practices, NCGS 75-1.1; judicial estoppel. | |
| In re: Botros (18-1137 - Published)
Disability inactive status; Inherent authority of courts to regulate attorneys; Subject matter jurisdiction; Due process | |
| In re: J.C.D. (18-957 - Published)
Involuntary commitment; required findings; physician's report | |
| In re: M.T-L.Y. (18-826 - Published)
Reunification Reunification efforts In re C.P. Effective assistance of counsel | |
| Jackson v. The Timken Co. (18-695 - Published)
Workers' Compensation; subject matter jurisdiction; arising out of employment; medical negligence | |
| Parkes v. Hermann (18-888 - Published)
medical malpractice, standard of care, proximate cause, ?loss of chance;? summary judgment | |
| State v. Allen (18-1159 - Published)
unavailability; confrontation clause; forfeiture by wrongdoing; gang-related testimony | |
| State v. Capps (18-386 - Published)
misdemeanor statement of charges; jurisdiction; In re Civil Penalty | |
| State v. Carver (18-935 - Published)
Driving while impaired; warrantless traffic stop; anonymous tip; reasonable suspicion; no indicia of reliability, no corroboration; motion to suppress. | |
| State v. Davis (18-1017 - Published)
rape; sexual battery; jury instructions; victim; complaining witness; expert testimony; credibility; consistent with; plain error; prejudice; vouching | |
| State v. Dawkins (18-1101 - Published)
Criminal Convictions, Attorney-Client Impasse, Unpreserved Objection | |
| State v. Keller (17-1318 - Published)
Solicitation of a Minor by Computer; Entrapment Jury Instruction; de novo review | |
| State v. Marino (18-1135 - Published)
N.C. Gen. Stat. Section 15A-1331.2; Prayer for judgment continued; Jurisdiction to enter judgment after entry of prayer for judgment continued; Legislative intent; Statutory construction | |
| State v. Parks (18-520 - Published)
expert testimony (Daubert, McGrady); motion to suppress; motion to dismiss | |
| State v. Thompson (18-885 - Published)
right to remain silent; Rule 404(b) | |
| Taylor v. Perni (18-602 - Published)
motion to quash subpoena | |
| Wilmington Sav. Fund Soc'y, FSB v. Mortg. Elec. Registration Sys., Inc. (18-1060 - Published)
Priority of lien; void satisfaction; Union Central Life Insurance v. Cates; exception to pure race priority recordation; Rule 12(c)- judgment on the pleadings; bona fide purchaser for value. | |
| Unpublished Opinions 21 May 2019 - Rule 30e - Zip File of Unpublished Opinions Mandate: 10 June 2019 | |
| Evans v. Croft (18-468 - Unpublished)
| |
| Flores v. Flores (18-230 - Unpublished)
Dependent Spouse; Alimony. | |
| In re: A.R-V. (18-584 - Unpublished)
Juvenile Delinquency Adjudication. Motion to Dismiss. Disorderly Conduct. | |
| In re: A.S.T. (18-947 - Unpublished)
termination of parental rights, dependency, challenged findings | |
| In re: N.B., M.S., L.W. (18-1087 - Unpublished)
review and permanency planning; reunification efforts; constitutionally protected status of a parent; plan of custody; waiver of future permanency planing hearings; visitation | |
| In re: W.A.B., B.F.B., A.G.B., E.H.B., R.A.B., M.A.B. (18-953 - Unpublished)
Termination of Parental Rights; Closing Argument; Due Process | |
| Layton v. Dep't of State Treasurer (18-921 - Unpublished)
disability benefits; long-term; short-term; constitutionality; equal protection; due process; minimum scrutiny; legitimate purpose; rationally related; collateral estoppel; litigated; offensive collateral estoppel; non-mutual collateral estoppel | |
| Medport, Inc. v. Am. Ventures Grp., LLC (18-950 - Unpublished)
motion to dismiss; election of remedies; fraud; contract rescission or reformation; motion for reconsideration | |
| Murchison v. Reg'l Surgical Specialists (18-297 - Unpublished)
Medical malpractice; closing argument; abuse of discretion standard | |
| Nelson v. Nelson (18-937 - Unpublished)
alimony; modification; change in circumstances; motion to compel; attorney?s fees | |
| O'Nan v. Nationwide Ins. Co. (18-990 - Unpublished)
Substantial right Interlocutory | |
| Pigford v. Pace (18-1095 - Unpublished)
Easement. Bench trial standard of review. Rule 52 N.C. Rules of Civil Procedure. Findings of Fact and Conclusions of Law. | |
| State v. Blackwell (18-1040 - Unpublished)
Attorney's Fees, Plain error | |
| State v. Durham (18-630 - Unpublished)
motion to dismiss | |
| State v. Harden (18-999 - Unpublished)
Rule 403, Rule 404, Prior Misconduct | |
| State v. Hawkins (18-908 - Unpublished)
Anders | |
| State v. Jones (18-893 - Unpublished)
Anders | |
| State v. Marks (18-933 - Unpublished)
right to remain silent; right to counsel | |
| State v. McGill (18-911 - Unpublished)
motion to suppress | |
| State v. Medlin (18-20 - Unpublished)
Rule 404(b); Rule 701; motion to dismiss | |
| State v. Muthe (18-1265 - Unpublished)
Statutory rape, NCGS 14-27.25; indecent liberties with a child; NCGS 14-202.1; defendant's age; officer's testimony; hearsay; plain error review. | |
| State v. Ross (18-652 - Unpublished)
Motion to Suppress; waiver of right to appellate review; jury instructions | |
| State v. Sydnor (18-589 - Unpublished)
BOLO; Traffic Stop; Reasonable Suspicion; Evidence. | |
| State v. Trevino (18-741 - Unpublished)
relevancy of evidence; prejudice | |
| Walston v. Duke Univ. (18-981 - Unpublished)
Termination of Benefits, Disability. | |
| Woody v. FlightGest, Inc. (18-940 - Unpublished)
Rule 12(b)(6); Indemnity; Contribution; Negligence |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 51 PETITIONS AND 261 MOTIONS.
|
|
Filed: 7 May 2019 Mandate: 28 May 2019 Zip File of Published Opinions Case Title / Description | |
| Clemons v. Clemons (18-433 - Published)
Equitable Distribution, Separate Property, Stipulations | |
| Cogdill v. Sylva Supply Co., Inc. (18-845 - Published)
Expired lease agreement; year-to-year tenancy created by operation of law; right of first refusal not applicable term of tenancy | |
| Cumberland Cty. v. Lee (18-754 - Published)
civil contempt, burden of proof to show cause | |
| Dep't of Transp. v. Hutchinsons, LLC (18-675 - Published)
Eminent domain, Section 108 hearings, notice of motions, substantial right, trial court jurisdiction following an appeal | |
| Draughon v. Evening Star Holiness Church of Dunn (18-887 - Published)
Summary Judgment; Contributory Negligence; Premises Liability | |
| In re: Willie Reggie Harris, Petitioner (18-1026 - Published)
NCGS 7B-320; Responsible Individuals List; late notice; prejudice; dismissal of criminal charges | |
| In re: B.C.T. & J.B.B. (18-929 - Published)
disposition, custody, best interest of a child | |
| J.S. & Assocs., Inc. v. Stevenson (18-1065 - Published)
Small claims court, jurisdiction, amount in controversy, compulsory counterclaims, appeal to district court | |
| K4C6R, LLC v. Elmore (18-1008 - Published)
plain language; contract | |
| McCullers v. Lewis (18-825 - Published)
Motion to dismiss, interlocutory appeal; Rule 12(b)(2), public official immunity | |
| Poage v. Cox (18-1066 - Published)
Summary judgment; negligence-premises liability; denial of motion to strike; Legionnaires' disease; Vacation Rental Act, NCGS 42A-1, et seq.; waiver of arguments; proximate cause. | |
| Raleigh Radiology LLC v. NC Dep't of Health & Hum. Servs. (18-785 - Published)
Office of Administrative Hearings; substantial prejudice; certificate of need; department of health and human services; standard of review; comparative analysis; MRI; agency; criteria; conforming; deference | |
| State v. Copley (18-895 - Published)
First-degree murder; defense of habitation, NCGS 14-51.2; self-defense; improper injection of race; prosecutor's closing argument; new trial; jury instructions; NC Pattern Instruction Crim.- 308.80 - Curtilage. | |
| State v. DeJesus (18-750 - Published)
corpus delicti; foreign birth certificate; authentication; hearsay; satellite-based monitoring; unpreserved Fourth Amendment challenge | |
| State v. Jones (18-508 - Published)
Trial Calendar in Criminal Cases; Request for Continuance; Harmless Error; Request to Present Rebuttal Witness | |
| State v. Massey (18-1161 - Published)
First-degree kidnapping with firearm enhancement; motion to dismiss; release in a safe place, escape. | |
| State v. McAllister (18-726 - Published)
Counsel's Admission of Client's Guilt; Habitual Misdemeanor Assault on a Female; State v. Harbison; Closing Argument; Ineffective Assistance of Counsel; Motion for Appropriate Relief | |
| State v. Simpkins (18-725 - Published)
waiver of counsel, forfeiture of counsel | |
| State v. Speas (18-456 - Published)
Indictment; Capable of Owning Property, Corporation. | |
| State v. Wright (18-209 - Published)
notice of intent to prove aggravating factors, clerical errors, ineffective assistance of counsel | |
| Thomas v. Burgett (18-783 - Published)
Child Support Guidelines Gross Income Extraordinary Expenses Deviating from the Guidelines | |
| Unpublished Opinions 7 May 2019 - Rule 30e - Zip File of Unpublished Opinions Mandate: 28 May 2019 | |
| Coley v. Cowan (18-1020 - Unpublished)
| |
| In re: J.J., Y.J., J.J., E.J., E.J., M.S. (18-989 - Unpublished)
Best Interest of Child; Termination of Parental Rights; Bond Adoption. | |
| In re: K.L.C. (18-1003 - Unpublished)
subject matter jurisdiction; prospective adoptive parents' standing to file a petition to terminate parental rights | |
| In re: N.S.J., N.S.J., S.S.J., E.O.J., III (18-1005 - Unpublished)
termination of parental rights | |
| In re: T.J.M.L. (18-1022 - Unpublished)
Termination of Parental Rights; Required Findings of Fact; Dependency; Neglect; Willful Abandonment; Failure to Make Progress to Reunify; Failure to Pay | |
| McFarland v. Pitt Cty. Bd. of Educ. (18-946 - Unpublished)
interlocutory appeal; appellant's burden | |
| Orange Cty. v. Canup (18-1139 - Unpublished)
Child support order; abuse of discretion review; child support guidelines; non-recurring income; rent-free housing; health insurance premium proration. | |
| Rider v. Pryor (18-821 - Unpublished)
expert witnesses-Notice; expert witness as lay witness; | |
| State v. Bamaca (18-1244 - Unpublished)
Defendant's failure to appear; notice of forfeiture; motion to set aside bond forfeiture; statutorily mandated timeline. | |
| State v. Brown (18-1044 - Unpublished)
Fourth Amendment; Search and Seizure; Reasonable suspicion; Probable cause; Drug paraphernalia; Investigatory stop; Anonymous tip; Admission of prior arrest to support probable cause. | |
| State v. Case (18-746 - Unpublished)
Driving While Impaired; Plain Error; Denial of Motion to Suppress; Probable Cause for DWI Arrest | |
| State v. Dudley (18-1121 - Unpublished)
First-degree felony murder by a juvenile; life with the possibility of parole; NCGS 15A-1340.19B(a)(1). | |
| State v. Graham (18-1 - Unpublished)
Indictment; Fourth Amendment | |
| State v. Jones (18-502 - Unpublished)
DNA Testing; Motion to Dismiss; Writ Of Certiorari, Writ of Mandamus. | |
| State v. Jordan (18-875 - Unpublished)
Waiver of counsel; Admission of evidence; Plain error. | |
| State v. Neese (18-1204 - Unpublished)
Motion to Dismiss; Identification of Perpetrator; DWI | |
| State v. Phillip (18-1012 - Unpublished)
First Degree Murder; Possession of Firearm by a Felon; joinder of offenses; Sixth Amendment Confrontation; | |
| State v. Richardson (18-696 - Unpublished)
Ineffective assistance of counsel Motion to suppress State v. Rivera Visual testimony | |
| State v. Sanders (18-954 - Unpublished)
murder; first-degree murder; jury instructions; acting in concert; common plan or purpose; context; entirety; plain error | |
| State v. Thompson (18-557 - Unpublished)
arrest warrant; misdemeanor stalking; jury instructions | |
| State v. Zey (18-955 - Unpublished)
statutory sex offense; indecent liberties; motion to suppress; plain error | |
| Stathum-Ward v. Wal-Mart Stores, Inc. (18-738 - Unpublished)
jury instructions; spoliation; motion in limine | |
| Stull v. Stull (18-915 - Unpublished)
motion to modify custody; prejudice; conclusions of law |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 51 PETITIONS AND 261 MOTIONS.
|
|
Filed: 16 April 2019 Mandate: 6 May 2019 Zip File of Published Opinions Case Title / Description | |
| Duke Energy Progress, Inc. v. Kane (18-239 - Published)
Color of Title, Easement, Summary Judgment. | |
| In re: H.N.D. & L.N.A-D. (18-958 - Published)
Termination of Parental Rights, cessation of reunification efforts, adjudication, N.C. Gen. Stat. Section 7B-1111(a)(6) | |
| Jackson v. Don Johnson Forestry, Inc. (18-354-2 - Published)
Wills, property rights, life estate, remaindermen, timber rights, trover, indemnity | |
| State v. Bauguss (18-795 - Published)
Statutory sexual offense; attempted statutory sex offense. | |
| State v. Brown (18-1107 - Published)
motion to suppress; community caretaking doctrine; traffic stop, DWI | |
| State v. Chandler (18-14 - Published)
guilty plea; Alford plea | |
| State v. Fields (18-673 - Published)
Motion to Dismiss; Habitual misdemeanor assault; Two convictions from one action. | |
| State v. Hughes (18-967 - Published)
Aggravating factors; notice; DWI | |
| State v. Johnson (18-966 - Published)
sentencing; due process | |
| State v. Schmieder (18-1027 - Published)
Second Degree Murder; Vehicular Homicide; Inherently Dangerous Without Regard to Human Life; Admission of Prior Driving Record Under Rule 404(b); Denial of Motion to Dismiss; Sufficiency of Evidence of Malice; Sufficiency of Second Degree Murder Indictment | |
| Swint v. Doe (18-964 - Published)
summary judgment; paternity; inheritance; estate; administration; guardian ad litem; intestate succession act; wedlock; N.C. Gen. Stat. § 29-19; N.C. Gen. Stat. § 49-14; putative father; N.C. Gen. Stat. § 28A-19-3; clerk of court; exclusive jurisdiction; original jurisdiction | |
| Unpublished Opinions 16 April 2019 - Rule 30e - Zip File of Unpublished Opinions Mandate: 6 May 2019 | |
| Brunson v. Off. of the Twelfth Judiciary (18-838 - Unpublished)
tort claims act; motion to dismiss | |
| Brunson v. The Off. of the Governor of NC (18-836 - Unpublished)
tort claims act; subject matter jurisdiction | |
| Buchanan v. NC Farm Bureau Mut. Ins. Co., Inc. (18-347 - Unpublished)
interlocutory appeal; substantial right | |
| In re: A.A.H. (18-779 - Unpublished)
Neglect, similar language in order and parties? reports, cease reunification, termination of parental rights | |
| In re: C.N.B. (18-1104 - Unpublished)
| |
| In re: D.V.G. (18-878 - Unpublished)
Termination of Parental Rights; Notice of Appeal; Due Process; GAL; Neglect. | |
| In re: F.M.C. (18-1168 - Unpublished)
termination of parental rights; failure to make reasonable progress toward correcting the conditions that led to the juvenile's removal; N.C.R. App. P. 3.1(e) no-merit brief | |
| In re: J.F. (18-1165 - Unpublished)
Rule 2, Juvenile, Motion to Dismiss | |
| In re: S.H.J. (18-655 - Unpublished)
Termination of Parental Rights, Abandonment. | |
| In re: T.O. & J.O. (18-1110 - Unpublished)
Abused juvenile Judicial notice | |
| Jones v. Jones (18-991 - Unpublished)
custody, intervenor, best interests | |
| Lyon v. Serv. Team Of Prof'ls (E. Carolina), LLC (18-627 - Unpublished)
bad faith; unfair and deceptive practices; negligent hiring; insurance policy | |
| Mann v. Union Cty. Clerk of Ct. (18-1116 - Unpublished)
notice of appeal; jurisdiction | |
| Pender Cty. v. Sullivan (18-774 - Unpublished)
Tax foreclosure, Jurisdiction, Right to a jury trial | |
| Reed v. Carolina Holdings (18-376 - Unpublished)
Trial Court Jurisdiction for Review of Industrial Commission's Denial of Attorney's Fees on Future Benefits for Attendant Care Services; N.C. Gen. Stat. 97-90(c); Supreme Court Reversal of Precedent Relied on by Trial Court; Vacate and Remand for Proceedings Consistent with Supreme Court Decision | |
| Reed v. Carolina Holdings (18-597 - Unpublished)
Industrial Commission, Attorney's Fees, Appellate Jurisdiction | |
| Scroggs v. Tractors On The Creek, LLC (18-1024 - Unpublished)
Entry of default, entry of default judgment, rule 55 | |
| Slok, LLC v. Courtside Condo. Owners Ass'n, Inc. (18-736 - Unpublished)
condominium association; summary judgment; assessments; estoppel; conditional order | |
| State v. Angram (18-993 - Unpublished)
Robbery with a dangerous weapon; lesser-included offenses- manner of requests; conspiracy; ineffective assistance of counsel; judge's post-verdict conversation with jury; | |
| State v. Avila (18-626 - Unpublished)
impaired driving; no merit brief | |
| State v. Best (18-563 - Unpublished)
constructive possession; jury instruction; plain error | |
| State v. Carter (18-901 - Unpublished)
motion in limine | |
| State v. Eubanks (18-876 - Unpublished)
Possession of Stolen Goods; Possession of Firearm by a Felon; Denial of Request for Special Instruction; Jury Instruction on Possession; Requirement of Power and Intent to Control Disposition or Use; Improper Closing Argument; Grossly Improper Standard | |
| State v. Gaddy (18-621 - Unpublished)
Jury instructions Prejudice Plain error Reasonable possibility | |
| State v. Green (18-691 - Unpublished)
civil judgment for court appointed attorney's fees; notice and opportunity to be heard | |
| State v. Henry (18-693 - Unpublished)
guilty plea; no merit brief | |
| State v. Matthews (18-663 - Unpublished)
First Degree Burglary; Common Law Robbery; Admission of Audio Recording of Police Interrogation with Muted Portions and Limiting Instruction; Rules 401 and 403; Plain Error; Opinion Testimony of Law Enforcement Officer; Ineffective Assistance of Counsel | |
| State v. Morgan (18-803 - Unpublished)
impaired driving; motion to suppress; evidence; reasonable suspicion; findings of fact; conclusions of law; reviewability; material conflict | |
| State v. Morris (18-724 - Unpublished)
no merit brief; clerical error | |
| State v. Newkirk (18-670 - Unpublished)
operating a motor vehicle to elude arrest with two or more aggravating factors | |
| State v. Pulley (18-797 - Unpublished)
Discharging weapon into an occupied dwelling; assault on a female; possession of a firearm by a felon; motion to add witness; motion to continue; abuse of discretion review. | |
| State v. Smallwood (18-578 - Unpublished)
mistrial | |
| State v. Watts (18-686 - Unpublished)
first-degree forcible sexual offense; continuous transaction; jury instructions; plain error | |
| State v. White (18-704 - Unpublished)
hearsay; right to confront witness; harmless error | |
| State v. Williamson (18-521 - Unpublished)
motion to dismiss; subject matter jurisdiction; contitutionality of statute § 20-28 | |
| State v. Woody (18-1001 - Unpublished)
Sex Offender Registration; Failure to Report Change of Address; Sufficiency of Indictment to Charge Violation of N.C. Gen. Stat. 14-208.11(a)(2); Denial of Motion to Dismiss; Sufficiency of Evidence of Defendant Changing Address; Plain Error; Admission of Hearsay Testimony | |
| Stowers v. Parker (18-737 - Unpublished)
motion to continue; summary judgment; legal malpractice | |
| Woodard v. The Goodyear Tire & Rubber Co. (18-865 - Unpublished)
Compensable Injury, Accident, Witness Testimony. |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 51 PETITIONS AND 261 MOTIONS.
|
|
Filed: 2 April 2019 Mandate: 22 April 2019 Zip File of Published Opinions Case Title / Description | |
| Bradshaw v. Bradshaw (18-432 - Published)
out of state property agreement, public policy, choice of law | |
| Brown v. Lattimore Living Tr. (18-941 - Published)
summary judgment; statute of limitations; reasonableness | |
| Doe v. Wake Cty. (18-109 - Published)
42 U.S.C. 1983, Governmental Immunity Waiver, Public Official Immunity | |
| Erickson v. NC Dep't of Pub. Safety (18-820 - Published)
Discharge from employment; Office of Administrative Hearings; notice of appeal; proof of filing; exhaust administrative remedies; DPS form HR 556; inconsistent instructions. | |
| Rabo Agrifinance, LLC v. Sills (18-846 - Published)
Uniform Enforcement of Foreign Judgments Act; Consent to Jurisdiction Clause in Contract; Choice of Law; Interpretation of Contract Governed By Place Where Contract is Made | |
| State v. Horton (18-997 - Published)
Reasonable suspicion Anonymous tip High-crime area | |
| State v. Salter (18-747 - Published)
Direct criminal contempt; Willfulness; Petition for Writ of Certiorari; Sentencing stipulations; Determination of prior record level. | |
| Wise v. Wise (18-858 - Published)
child support; alimony; attorney fees | |
| Unpublished Opinions 2 April 2019 - Rule 30e - Zip File of Unpublished Opinions Mandate: 22 April 2019 | |
| In Re: A.M.A.T. (18-753 - Unpublished)
termination of parental rights | |
| In re: A.T. (18-886 - Unpublished)
Cessation of Reunification Efforts; Permanency Planning Hearing; Verification of Custodian | |
| In re: D.L.B. (18-912 - Unpublished)
Termination of parental rights; Neglect; Best interests determination | |
| In re: H.R.J., B.J., G.J.J. (18-995 - Unpublished)
TPR; § 7B-1111(a)(2) | |
| In re: K.S.K., W.C.J.K., N.G.K. (18-814 - Unpublished)
continuance; right to counsel in termination hearing. | |
| In re: K.W. (18-816 - Unpublished)
Adjudication of abuse and neglect; Custody; Termination of juvenile court jurisdiction; Transfer to Chapter 50 custody matter; Denial of visitation | |
| In re: M.N.P., C.H.P., D.A.P. (18-824 - Unpublished)
TPR; neglect; best interests of the child | |
| In re: N.T., R.E.T., A.M.T., E.G.T., H.F.T., D.T.T., T.T., Jr., G.M.T. (18-996 - Unpublished)
permanency planning order; guardian verification; waiving further review hearings | |
| In re: N.T., R.E.T., A.M.T., E.G.T., H.F.T., D.T.T., T.T., Jr., G.M.T., M.K.T. (18-849 - Unpublished)
permanency planning; reunification; juvenile fourteen years of age; visitation | |
| In The Matters Of: T.M.L.E., T.L.E., Jr., T.L.E., III (18-804 - Unpublished)
Termination of parental rights; Neglect; No-merit brief | |
| LaMarre v. Martinez (18-224 - Unpublished)
Action to Quite Title, Statute of Limitations, Fraud, Summary Judgment | |
| Palmer v. Cline (18-924 - Unpublished)
Child-custody; UCCJEA; ?home state;? significant connection;? simultaneous proceedings; temporary emergency jurisdiction; continuing jurisdiction; stay | |
| State v. Duff (18-874 - Unpublished)
Probation Revocation; Jurisdiction; Competency Hearing |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 51 PETITIONS AND 261 MOTIONS.
|
|
Filed: 26 March 2019 Mandate: 15 April 2019 Zip File of Published Opinions Case Title / Description | |
| Gray v. Fed. Nat'l Mortg. Ass'n (18-871 - Published)
Interlocutory appeal; Substantial right; Collateral estoppel; Foreclosure | |
| State v. Loftis (18-709 - Published)
In-custody statements; Failure to move to suppress; Procedural bar; Stipulation to admission of evidence; No special colloquy by trial court required | |
| State v. Newsome (18-707 - Published)
probation; probation revocation; absconding; clerical error | |
| Unpublished Opinions 26 March 2019 - Rule 30e - Zip File of Unpublished Opinions Mandate: 15 April 2019 | |
| Ball v. Bayada Home Health Care (18-918 - Unpublished)
Workers' Compensation; Average Weekly Wage Calculation; NCGS § 97-2(5); Method 5 | |
| Claudio v. Sellers (18-636 - Unpublished)
Jury Instructions; Breach of Fiduciary Duty; Controlling Shareholder | |
| Clifton v. The Goodyear Tire & Rubber Co. (18-987 - Unpublished)
Industrial Commission; Findings of Fact; Motion to Consolidate | |
| Halifax Cty. v. Empire Foods, Inc. (18-531 - Unpublished)
Motion to Dismiss; Failure to Prosecute; Abuse of Discretion; Summary Judgment; Contracts; Breach; Remedies | |
| In re: A.A.J. (18-697 - Unpublished)
Child custody; nonparent; constitutionally protected status; abandonment | |
| In re: J.C-B. (18-922 - Unpublished)
Permanency planning; Termination of juvenile jurisdiction and transfer to civil custody proceeding; Conceded error; Requirement of live testimony at permanency planning hearing under N.C. Gen. Stat. 7B-906.1(c); Intervention by non-parent | |
| In re: K.A.G. & N.R.P. (18-829 - Unpublished)
3.1; Appointment of guardian ad litem for parent; Termination of parental rights; Neglect | |
| Rmah v. USAA Cas. Ins. Co. (18-623 - Unpublished)
Breach of insurance contract; unfair and deceptive trade practices; N.C. Gen. Stat. § 58-63-15; N.C. Gen. Stat. § 75-1.1; breach of settlement agreement; privity | |
| State v. Franklin (18-777 - Unpublished)
motion to dismiss; sufficiency of the evidence; possession of methamphetamine precursor chemical; constructive possession | |
| State v. Gibson (18-448 - Unpublished)
Admissibility of Evidence; Preservation; Bias | |
| State v. Holmes (18-1023 - Unpublished)
Revocation of probation; Activation of multiple sentences; Trial court's discretion to reduce or restructure original sentences under N.C. Gen. Stat. 15A-1344(d) | |
| State v. Howard (18-660 - Unpublished)
Amended indictment; breaking or entering; lay witness identification; surveillance footage | |
| State v. Thomas (18-959 - Unpublished)
Amended indictment; breaking or entering; lay witness identification; surveillance footage |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 51 PETITIONS AND 261 MOTIONS.
|
|
Filed: 19 March 2019 Mandate: 8 April 2019 Zip File of Published Opinions Case Title / Description | |
| Adams v. Langdon (18-718 - Published)
Grandparental visitation rights; Civil contempt; Effect of termination of parental rights on grandparental visitation rights; Notice of Appeal; Show Cause Motion. | |
| Aesthetic Facial & Ocular Plastic Surgery Ctr., P.A. v. Zaldivar (18-431 - Published)
Restrictive Covenants, Public Policy, Learned Profession Exception | |
| Assoc. Behav. Servs., Inc. v. Smith (18-463 - Published)
Attorneys' fees; motion for reconsideration; Rule 60(b); notice of appeal | |
| BDM Invs. v. Lenhil, Inc. (18-533 - Published)
Complex Business Case. | |
| Feeassco, LLC v. The Steel Network, Inc. (18-739 - Published)
Order allowing motion to compel discovery; order allowing sanctions for discovery violations; order denying motion to compel discovery and for sanctions; review of interlocutory discovery orders | |
| Gunter v. Maher (18-844 - Published)
interlocutory appeal; substantial right; order compelling discovery; attorney-client privilege | |
| Hager v. Smithfield East Health Holdings, LLC (18-651 - Published)
Arbitration; Standing to Compel Arbitration; Fiduciary Relationships; Fiduciary Duties | |
| Henry v. Morgan (18-731 - Published)
Service of process; due diligence; service by publication | |
| Hill v. Durrett (18-515 - Published)
NCGS § 50-10; Annulment; Summary Judgment | |
| Huml v. Huml (18-484 - Published)
Custody, Suspension of Visitation | |
| In re: J.L. (18-473 - Published)
Juvenile Guardianship; Standing; Admissibility of Evidence; Sufficiency of Evidence; Standard of Proof; Visitation | |
| Julian v. The Univ. of NC Health Care Sys. (18-477 - Published)
Breach of contract; hospital charges for operating room time; statute prohibiting billing for medical care not actually supplied | |
| Ramsey v. Ramsey (18-600 - Published)
civil contempt; nonjurisdictional Appellate Rules violations; Appellant's brief | |
| Simms v. Bolger (18-551 - Published)
Child support; Change in circumstances; Lump sum award; Custodial account; Arrearages; Attorneys' fees | |
| Simms v. Bolger (18-716 - Published)
Contempt; Attorneys' fees | |
| Sluder v. Sluder (18-920 - Published)
Equitable Distribution; Post Separation; Marital Debt | |
| State v. Gamez (18-436 - Published)
Miranda warnings; custodial interrogation; military | |
| State v. Griffin (18-681 - Published)
assault inflicting serious bodily injury; felony breaking and entering with intent to terrorize or injure | |
| State v. Lopez (18-13 - Published)
Physically helpless; Expert testimony; Jury instructions; Satellite-based monitoring | |
| State v. Miller (17-1215-2 - Published)
Maintaining a dwelling for the keeping or sale of controlled substance, NCGS 90-108(a)(7); State v. Rogers, 817 S.E.2d 150 (2018); definition of keep; single sale; motion to dismiss. | |
| State v. Rivera (18-517 - Published)
Motion to Suppress; Waiver; Appellate Review; Plain Error; Ineffective Assistance of Counsel | |
| State v. Shackelford (18-273 - Published)
N.C. Gen. Stat. § 14-277.3A; Felony Stalking; First Amendment; As-applied challenge; Content-based restriction; Social media | |
| Stern v. Stern (18-523 - Published)
motion to dismiss, substantial change of circumstances, timing and modification, child custody | |
| Tarr v. Zalaznik (18-649 - Published)
Partition by sale; Equity; N.C.G.S. Sec. 41-2(b); Joint Tenants | |
| Tipton v. Delta Sigma Phi Fraternity, Inc. (18-581 - Published)
Summary judgment; Negligence; Proximate Cause; Wrongful Death; Hazing | |
| Watauga Cty. o/b/o McKiernan v. Shell (18-687 - Published)
IV-D claim; Chapter 50 action; custody; stay | |
| Weishaupt-Smith v. Town of Banner Elk (18-903 - Published)
Variance Request; NC Appellate Rule 38; Motion to Substitute Parties on Appeal; Standing; Aggrieved Party; Quasi-Judicial Proceedings; Subject Matter Jurisdiction; Conditional Use Permit | |
| Wright v. Alltech Wiring & Controls (18-833 - Published)
Industrial Commission; Workers' Compensation Act; appellate jurisdiction; coming and going rule; contractual duty exception; traveling salesperson exception | |
| Unpublished Opinions 19 March 2019 - Rule 30e - Zip File of Unpublished Opinions Mandate: 8 April 2019 | |
| Arroyo v. Yanez (18-497 - Unpublished)
Alimony; equitable distribution; divorce; attorney?s fees; dependent spouse; supporting spouse; marital misconduct; marital property; separate property; active appreciation; passive appreciation; business shares; income approach; asset approach; earning capacity; income; expert witness | |
| Arroyo v. Yanez (18-560 - Unpublished)
Alimony; equitable distribution; divorce; attorney?s fees; dependent spouse; supporting spouse; marital misconduct; marital property; separate property; active appreciation; passive appreciation; business shares; income approach; asset approach; earning capacity; income; expert witness | |
| Brinkley-Caldwell v. Britthaven, Inc. (18-400 - Unpublished)
Motion to Dismiss; Rules of Civil Procedure; Rule 12(b)(6) | |
| Chalk v. Braakman (18-792 - Unpublished)
Motion for Directed Verdict; Motion for JNOV; Specific grounds required; Negligence | |
| Cronje v. Johnston (18-698 - Unpublished)
Summary ejectment; Implied warranty of habitability; Unfair and deceptive trade practices; NCGS § 42-42; Landlord/Tenant | |
| Fed. Nat'l Mortg. Ass'n v. Price (18-775 - Unpublished)
Foreclosure of a deed of trust; subject matter jurisdiction; frivolous appeal. | |
| Helbein v. Helbein (18-383 - Unpublished)
| |
| In re: A.B. (18-711 - Unpublished)
Rule 3.1 case; cessation of reunification efforts. | |
| In re: A.D.S., N.V.S., C.D.S., H.D.S., F.D.S., S.V.S., V.D.S., D.V.S., V.D.S. (18-1111 - Unpublished)
Termination of parental rights; Notice; Best interest determination; Motion to Continue; Motion to Withdraw; Fundamentally fair procedures in termination of parental rights hearings; Right to effective counsel; Right to notice of termination hearing. | |
| In re: A.J.K. (18-906 - Unpublished)
termination of parental rights; best interests determination | |
| In re: A.X.M., Jr. (18-758 - Unpublished)
Ineffective Assistance of Counsel; Termination of Parental Rights | |
| In re: B.L. (18-881 - Unpublished)
Termination of Parental Rights. | |
| In re: J.A.C. (18-595 - Unpublished)
Permanency Planning; Denial of Motion to Continue; Guardianship; Verification of Guardians; Understanding of Legal Significance; Adequate Financial Resources | |
| In re: K.N.C.H. (18-913 - Unpublished)
termination of parental rights; jurisdiction | |
| In re: M.F.B., L.B., III, M.W.E.B. (18-848 - Unpublished)
TPR; best interests/disposition | |
| In re: M.R.C-M. (18-898 - Unpublished)
no merit brief | |
| In re: P.L.R. (18-782 - Unpublished)
termination of parental rights; neglect; best interests of the child | |
| Lea v. David's Bridal of Greensboro, Inc. (18-835 - Unpublished)
Injury by accident. | |
| Makar v. Mimosa Bay Homeowners Ass'n, Inc. (18-547 - Unpublished)
Homeowners Association; Restrictive Covenants; Summary Judgment; Architectural Review Committee | |
| Mathis v. Jones (18-262 - Unpublished)
Appellate Jurisdiction | |
| O'Buckley v. O'Buckley (18-676 - Unpublished)
Sanctions; Jurisdiction | |
| Stamey v. Stamey (18-397 - Unpublished)
Civil Contempt Order; Interlocutory; Substantial Right | |
| State v. Al-Hamood (18-682 - Unpublished)
Motion to Dismiss; Motion to Suppress; First Degree Forcible Sexual Assault; Prejudicial Error | |
| State v. Ardrey (18-460 - Unpublished)
Attempted felony larceny; value of stolen property; motion to dismiss | |
| State v. Benjamin (18-751 - Unpublished)
Possession with intent to sell or deliver marijuana; motion to suppress; Alford plea; notice of appeal; attorney's fees. | |
| State v. Bradshaw (17-1286 - Unpublished)
Driving while impaired; statute of limitations, NCGS 15-1; citation | |
| State v. Callaghan (18-543 - Unpublished)
Statutory rape and sexual offense, N.C. R. E. 412, prejudicial error, ineffective assistance of counsel, reasonable search, exigent circumstances, missing persons | |
| State v. Chester (18-671 - Unpublished)
Possession of controlled substance, NCGS 90-95(a); Motion to suppress; Anders brief | |
| State v. Cole (18-213 - Unpublished)
Ineffective Assistance of Counsel; Cumulative Error; Restitution | |
| State v. Fletcher (18-371 - Unpublished)
Breaking, entering and larceny; alibi witness; ineffective assistance of counsel, motion for appropriate for relief. | |
| State v. Hight (18-555 - Unpublished)
Probation revocation; absconding; Anders brief. | |
| State v. Jackson (18-344 - Unpublished)
Restitution; Competent Evidence | |
| State v. King (18-494 - Unpublished)
Prior Convictions; Unfair Prejudice; Motion to Dismiss | |
| State v. Kope (18-752 - Unpublished)
Post-conviction Relief; Anders Brief | |
| State v. Lane (18-444 - Unpublished)
Attempted First Degree Murder; Assault with a Deadly Weapon; Admission of Evidence of Victim's Age; N.C. R. Evid. 401; N.C. R. Evid. 404(b); Challenge to Closing Arguments; Jury Instruction on Self-Defense | |
| State v. Lopes (18-161 - Unpublished)
Jury Instruction; Lesser Included Offense; Legal Presumption | |
| State v. Maurilio (18-155 - Unpublished)
indictment; fatal variance; judgment arrested | |
| State v. Moore (18-591 - Unpublished)
jury instructions; deadly weapon; lesser included offense; defense of accident; plain error | |
| State v. Moore (18-576 - Unpublished)
Jurisdiction; Service of Notice of Appeal; Anders Appeal | |
| State v. Morgan (18-412 - Unpublished)
Resentencing; Prejudicial Error | |
| State v. Moss (18-680 - Unpublished)
Assault with a deadly weapon; no duty to retreat provision; trial court's failure to intervene in prosecutor's closing and questions. | |
| State v. Paylor (18-1038 - Unpublished)
Second-degree murder; malice and provocation; lesser-included offenses; jury instructions; failure to instruct; plain error. | |
| State v. Ragland (18-799 - Unpublished)
| |
| State v. Richardson (18-500 - Unpublished)
Embezzlement; overwhelming evidence; ineffective assistance of counsel. | |
| State v. Ruffin (18-645 - Unpublished)
Ineffective Assistance of Counsel; Undisclosed Issues. | |
| State v. Sanders (18-930 - Unpublished)
Restitution, civil judgments, larceny, breaking and entering | |
| State v. Schricker (18-338 - Unpublished)
closing arguments; trial court intervention ex mero motu ; restitution | |
| State v. Shchetinin (18-236 - Unpublished)
Trafficking heroin; possession of methamphetamine; proposed jury instruction. | |
| State v. Smith (18-122 - Unpublished)
competency; absolute impasse | |
| State v. Smith (18-789 - Unpublished)
Probable Cause; Warrantless Arrest; Staleness; Motion to Suppress | |
| State v. Spikes (18-501 - Unpublished)
discharging a firearm into occupied property; aggravating factor; sentencing | |
| State v. Zimmerman (18-934 - Unpublished)
Civil judgment for attorney's fees; opportunity to be heard. | |
| Tucker Chase, LLC v. Town of Midland (18-847 - Unpublished)
performance guaranties; Board of Adjustment | |
| Tyson v. Bess (18-879 - Unpublished)
Appellate Jurisdiction; Untimely Notice of Appeal; Modification of Child Support; Denial of Rule 60(b) Motion | |
| Wright v. NC Off. of State Hum. Res. (18-276 - Unpublished)
Exempt designtion; N.C. Gen. Stat. Sec. 126-5(g); notice; Statutory interpretation |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 51 PETITIONS AND 261 MOTIONS.
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|
Filed: 5 March 2019 Mandate: 25 March 2019 Zip File of Published Opinions Case Title / Description | |
| Brown v. Thompson (18-919 - Published)
interlocutory appeal; substantial right; res judicata | |
| Conklin v. Conklin (18-509 - Published)
Attorney's fees, acting in good faith, insufficient means | |
| Crews v. Crews (18-42 - Published)
specific performance, alimony | |
| Donnell-Smith v. McLean (18-613 - Published)
partition in kind; NCGS 46-3; NCGS 46-10; NCGS 46-13; NCGS 46-16; NCGS 46-19(a); NCGS 46-22; division of unequal interests; exception to commissioners' report; abuse of discretion. | |
| Lake v. State Health Plan For Teachers & State Emps. (17-1280 - Published)
State Health Plan retired state employees; partial summary judgment; interlocutory appeal; substantial right; US Const. art. I sec. 10; no impairment of contract; unilateral contract; NC Const. art. I, sec. 19 | |
| Preston v. Movahed (18-674 - Published)
Medical malpractice 9(j) certification; medical expert willing to testify; facially valid 9(j) certificate | |
| State v. Chevallier (18-860 - Published)
A single transfer by sale or delivery of a counterfeit controlled substance is a single offense; admission of hearsay statement under Rule 801(d)(E)'s co-conspirator exception; motions to dismiss for insufficiency of the evidence charges of transfer of a counterfeit controlled substance under the theories of attempted sale and delivery; instruction on actual possession theory of possession of a firearm by a felon. | |
| State v. Cox (18-692 - Published)
Motion to dismiss; Sufficiency of the evidence; Felonious intent; Conspiracy to commit robbery with a dangerous weapon; Felonious breaking or entering; Claim of right defense | |
| State v. Jones (18-176 - Published)
motion to suppress; traffic stop; passenger | |
| State v. Malachi (16-752-2 - Published)
(View Supreme Court Opinion) Reasonable Suspicion, Armed and Dangerous, Stop and Frisk, Motion to Suppress | |
| Stewart v. Shipley (18-745 - Published)
Service of process; estoppel | |
| Unpublished Opinions 5 March 2019 - Rule 30e - Zip File of Unpublished Opinions Mandate: 25 March 2019 | |
| Columbus Cty. D.S.S. ex rel Moore v. Norton (18-642 - Unpublished)
Child custody; civil contempt; arrears; child support; child support guidelines; income; assets; recuse; motion to recuse; recusal; trial judge; impartiality | |
| Dep't of Transp. v. Bloomsbury Est., LLC (18-773 - Unpublished)
NC Condominium Act, NCGS 47C-1-101; DOT condemnation, NCGS 136-108; interlocutory order- substantial right; appellant's burden on appeal; reply brief- NC R. App. P. 28(h); preclusive effect of prior order. | |
| Eisenbrown v. Town of Lake Lure (17-934 - Unpublished)
| |
| In re: A.G.B. & D.G.B. (18-729 - Unpublished)
Termination of Parental Rights, N.C.G.S. Sec. 7B-111(a)(4), No merit brief | |
| In re: H.N.H. & H.L.H. (18-365 - Unpublished)
Termination of parental rights, N.C.G.S. Sec. 7B-1110, Best interests determination, Required findings of fact | |
| In re: I.L. (18-762 - Unpublished)
termination of parental rights; findings | |
| In re: S.H-K.J.L. & W.L.L. (18-772 - Unpublished)
N.C. Gen. Stt. Sec. 7B-1111(a)(2); Termination of Parental Rights; Reasonable progress; Hearsay | |
| In re: S.S.S. & S.R.S. (18-514 - Unpublished)
| |
| In re: V.O. (18-907 - Unpublished)
Involuntary commitment, waiver of counsel, failure to conduct appropriate colloquy, right to confront witnesses. | |
| Painter v. City of Mt. Holly (18-197 - Unpublished)
Public official immunity; qualified immunity; summary judgment; 42 U.S.C. § 1983 | |
| State v. Altman (18-544 - Unpublished)
Driving while impaired, felony death by vehicle, admissibility of medical records, sufficiency of the evidence, character evidence of a witness, merger of sentences for lesser-included offenses | |
| State v. Bennett (18-606 - Unpublished)
Corroborative Testimony; Admission of Party-Opponent; Prejudicial Error | |
| State v. Berrier (18-453 - Unpublished)
Jury verdict; guilty versus responsible; verdict form; unconstitutional verdicts; sufficiency of judgment | |
| State v. Cooper (18-637 - Unpublished)
Satellite-Based Monitoring; Fourth Amendment; Reasonableness; Required Evidence of Effectiveness | |
| State v. Gaskins (18-970 - Unpublished)
| |
| State v. Gilbert (18-614 - Unpublished)
Embezzlement of a charitable organization by an officer, NCGS 14-92; jury instructions- plain error; motion to dismiss; intent- mens rea; actus reus; opinion testimony; ineffective assistance of counsel. | |
| State v. Gilliam (18-260 - Unpublished)
Prior Record Level; Stipulation; Mitigating Factor; Aggravating Factor; Notice | |
| State v. Guevara (18-582 - Unpublished)
expert opinion, aggravating factor | |
| State v. Kesler (18-971 - Unpublished)
| |
| State v. Maier (18-771 - Unpublished)
indictments; obtaining property by false pretenses; motion to dismiss | |
| State v. Oglesby (18-277 - Unpublished)
Rule 404(b); Hearsay Rule; Corroborative Evidence; Jury Instruction | |
| State v. Rinehart (18-298 - Unpublished)
Invited Error; Final Closing Argument; Introduce Evidence | |
| State v. Robinson (18-343 - Unpublished)
Search and Seizure; Strip Search; Exigent Circumstances. | |
| State v. Seeman (18-969 - Unpublished)
| |
| State v. Waycaster (18-247 - Unpublished)
motion to dismiss; counterfeit instruments; attorney's fees | |
| State v. Wynn (18-536 - Unpublished)
general various and specific motions to dismiss, 404(b) evidence |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 51 PETITIONS AND 261 MOTIONS.
|
|
Filed: 19 February 2019 Mandate: 11 March 2019 Zip File of Published Opinions Case Title / Description | |
| Bezzek v. Bezzek (18-761 - Published)
interlocutory | |
| Brodkin v. Novant Health, Inc. (18-805 - Published)
Breach of contract; Hospital termination of physician's employment contract; Contractual right to exercise professional judgment; Wrongful discharge and public policy; Defamation and defense of qualified privilege | |
| Denney v. Wardson Constr., Inc. (18-667 - Published)
Interlocutory Appeal; Substantial Right; Res Judicata; Statement of Grounds for Appellate Review | |
| In re: Aaron's Inc. (18-607 - Published)
rent-to-own; ad valorem taxation; inventory exclusion | |
| In re: George (18-611 - Published)
non-judicial foreclosure sale; trustee as necessary party; Rule 60(b); notice of foreclosure proceeding; good faith purchaser | |
| In re: J.P.S. (18-708 - Published)
involuntary commitment; dangerous to self; dangerous to others; reasonable probability of future harm | |
| In re: Est. of Johnson (18-778 - Published)
Spouse's year's allowance- NCGS 30-15; deficiency in payment; revocation of letters testamentary- NCGS 28-4-1; appeals to superior court; standards of review; de novo hearing; credit against bequest to surviving spouse. | |
| Kennedy v. DeAngelo (18-603 - Published)
Medical malpractice; Rule 9(j); Required fact-finding by trial court; Rule of Evidence 702; Separate specialties in general dentistry, periodontics, and oral surgery | |
| Nanny's Korner Day Care Ctr., Inc. v. NC Dep't of Health & Hum. Servs. (18-679 - Published)
Statute of limitations; Procedural due process; Claim against State agency, DHHS. | |
| State v. Augustin (18-373 - Published)
Motion to suppress, unlawful search and seizure, reasonable suspicion, companion?s actions, backing away | |
| State v. Conley (18-305 - Published)
Sentencing; Double Jeopardy; Rule 2; Statutory Interpretation | |
| State v. Corbett (18-327 - Published)
Statutory rape; Sexual exploitation of a minor; Lascivious Act; Motion to dismiss | |
| State v. Koke (18-662 - Published)
Obtaining property by false pretenses; insurance fraud; plain error review; relevancy; limiting instructions; disclosure on application. | |
| State v. Parks (18-422 - Published)
self-defense instruction; flight instruction | |
| Walker v. K&W Cafeterias (18-429 - Published)
Workers' Compensation; wrongful death; third-party tortfeasor; subrogation lien; jurisdiction- choice of law; In re Civil Penalty. | |
| Unpublished Opinions 19 February 2019 - Rule 30e - Zip File of Unpublished Opinions Mandate: 11 March 2019 | |
| Caldwell Mem'l Hosp., Inc. v. NC Dep't of Health & Hum. Servs. (18-586 - Unpublished)
certificate of need; substantial prejudice | |
| Cannizzaro v. Set in Stone, Inc. (18-594 - Unpublished)
Breach of Contract. | |
| Cheatham v. Town of Taylortown (18-625 - Unpublished)
subject matter jurisdiction; failure to exhaust administrative remedies | |
| Funderburk v. City of Greensboro, NC (18-632 - Unpublished)
SUBJECT MATTER JURISDICTION ADMINISTRATIVE REMEDY QUASI-ESTOPPEL ZONING | |
| Hampton v. NC Dep't of Transp. (18-684 - Unpublished)
Tort Claims Act, negligence; NC Department of Transportation; highway widening; flooding unchallenged findings of fact; proximate cause; duty of care. | |
| In re: A.W. (18-877 - Unpublished)
3.1; no merits brief | |
| In re: D.P., J.P., J.P. (18-857 - Unpublished)
Permanency Planning Order, Neglected and Dependent. | |
| In re: J.E.O. (18-585 - Unpublished)
Willful Abandonment. | |
| In re: K.S. (18-763 - Unpublished)
Permanent plan; elimination of reunification; N.C. Gen. Stat. Sec. 7B-906.2 | |
| In Re: P.R.T. (18-730 - Unpublished)
3.1; neglect; removal; willful abandonment | |
| King v. Pike Elec. (18-440 - Unpublished)
Compromise Settlement Agreement; Enforceable | |
| Nordman v. Nordman (18-405 - Unpublished)
| |
| Robinson v. GGNSC Holdings, LLC (18-706 - Unpublished)
Entry of default, notice, default judgment, medical malpractice, language of the complaint, motion for relief | |
| State v. Brinkley (18-435 - Unpublished)
Motion to Dismiss; Aggravating factor; Aggravated offense; Satellite-based monitoring. | |
| State v. Bryan (18-605 - Unpublished)
probation violation; absconding; notice | |
| State v. Bunkley (18-545 - Unpublished)
plea agreements; petition for a writ of certiorari; clerical error | |
| State v. Everett (18-449 - Unpublished)
Indecent liberties with a child; Rule 404(b) evidence of prior sexual assault; Plain error; Requirements of similarity and temporal proximity; Summary imposition of satellite-based monitoring without evidence | |
| State v. Foster (18-540 - Unpublished)
probable cause; search warrant; confidential informant | |
| State v. Little (18-757 - Unpublished)
larceny from the person; misdemeanor larceny; jury instructions | |
| State v. Logan (18-723 - Unpublished)
Limitation on right to appeal after guilty plea; Challenge to factual basis for plea and sufficiency of evidence; Challenge to prior convictions underlying plea to habitual charges; Sentencing in accordance with plea agreement; Challenge to calculation of prior record level; Appellate jurisdiction for MAR | |
| State v. Renderos (18-590 - Unpublished)
Driving while impaired, portable breath test, relevance, prejudice, unpreserved error, waived plain error review. | |
| State v. Robinson (18-661 - Unpublished)
possession of a firearm by a felon; habitual felon; possession; constructive possession; actual possession; totality of the circumstances; relevance; relevant evidence; Rule 401; Rule 402; prejudicial; domestic violence protective order; DVPO | |
| State v. Sadler (18-812 - Unpublished)
motion to dismiss; driving while impaired; jury instructions | |
| State v. Slade (18-352 - Unpublished)
Forfeiture Final judgment date Relief | |
| State v. Ward (18-369 - Unpublished)
Hearsay; plain error | |
| State v. Wardrett (18-434 - Unpublished)
impartial jury; N.C.R. App. P. 2; expert ballistics testimony; prior conviction under Rule 609(b) | |
| State v. Whitmore (18-798 - Unpublished)
felony death by vehicle; necessity; duress; prior record level | |
| State v. Woods (18-442 - Unpublished)
guilty plea; preservation; Rule 2 |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 51 PETITIONS AND 261 MOTIONS.
|
|
Filed: 5 February 2019 Mandate: 25 February 2019 Zip File of Published Opinions Case Title / Description | |
| The Est. of William Belk v. Boise Cascade Wood Prods., L.L.C. (18-542 - Published)
Workers? compensation, jurisdiction, interlocutory, transformation of 12(b)(6) into summary judgment, lent employee doctrine, no genuine issue of fact | |
| In re: B.M.B. (18-428 - Published)
juvenile, mootness, dismissed as moot | |
| Jones v. Jones (18-478 - Published)
entry of default; specific performance | |
| Lamb v. Styles (18-350 - Published)
Professional Negligence; Surveyors; Duty of Care | |
| McLaughlin v. Bailey (18-665 - Published)
60(b)(6), subordinate tribunals may not overrule higher tribunals | |
| Rivera v. Matthews (18-359 - Published)
Abatement; Subject-Matter Jurisdiction; Child Custody; Grandparent Custody/Visitation | |
| Smith v. Rodgers (18-261 - Published)
Equitable distribution Painter Watson Claim | |
| State v. Nixon (18-787 - Published)
Motion for Appropriate Relief; Bill of Information; Waiver of Indictment; Jurisdiction | |
| State v. Shelton (17-1426 - Published)
Motion to dismiss; N.C. Gen. Stat. § 20-138.1(a)(1); N.C. Gen. Stat. § 20-141.4; prescription drugs; driving while impaired; closing argument | |
| State v. Sheridan (18-312 - Published)
Motion to dismiss, sexual offense in a parental role, parent-child relationship, pro se motion for speedy trial, motion for mistrial, satellite-based monitoring determination. | |
| Unpublished Opinions 5 February 2019 - Rule 30e - Zip File of Unpublished Opinions Mandate: 25 February 2019 | |
| Banyan GW, LLC v. Wayne Preparatory Acad. Charter Sch., Inc. (18-378 - Unpublished)
Liquidated damages; illusory contract; unconscionability; condition precedent; charter school | |
| Brunson v. NC Dep't of Justice (18-837 - Unpublished)
Industrial Commission; default; subject matter jurisdiction | |
| Brunson v. NC Dep't of Justice (18-656 - Unpublished)
Industrial Commission; default judgment; subject matter jurisdiction | |
| Foster v. Wells Fargo Bank, N.A. (18-643 - Unpublished)
Appeal from Rule 12(b)(6) dismissal; Appeal from Denial of Rule 60(b)(6) motion; Timeliness of notice of appeal | |
| Hunt v. Collinsworth (18-301 - Unpublished)
Res Judicata; Name Change. | |
| In re: C.S. (18-439 - Unpublished)
juvenile, mootness, dismissed as moot | |
| In re: G.G.K. & C.R.K. (18-640 - Unpublished)
Case description: termination; parental rights; willfulness; abandonment; foster care; sex offender; substance abuse | |
| In re: I.C. (18-869 - Unpublished)
permanency planning order; notice of appeal | |
| In Re: J.P.N. (18-622 - Unpublished)
adjudication of neglect | |
| In re: N.A.C. (18-721 - Unpublished)
no-merit brief, termination, parental rights | |
| In re: N.L.C. (18-669 - Unpublished)
termination of parental rights; best interest of the child | |
| In Re: S.M. (18-759 - Unpublished)
Child custody, verification of each guardian, reunification, competent evidence | |
| Int'l Prop. Dev., LLC v. K Constr. & Roofing, LLC (17-509-2 - Unpublished)
Denial of motion for summary judgment; damages award; claim of lien upon funds; equitable lien; constructive trust | |
| Lloyd v. Bailey (18-666 - Unpublished)
Rule 60(b)(6), subordinate tribunals may not overrule higher tribunals | |
| Morgan v. Defeo (18-322 - Unpublished)
Domestic Violence Protective Order. | |
| Sanghrajka v. Fam. Fare, LLC (18-164 - Unpublished)
motion to dismiss; contract; continuing wrong doctrine; UDTP claim | |
| State v. Bros. (18-177 - Unpublished)
Anders Brief; Clerical Error on Judgment Form; Possession of a Firearm by a Felon | |
| State v. Brown (18-279 - Unpublished)
Turner Statute of Limitations Driving while impaired | |
| State v. Clark (18-291 - Unpublished)
Superior Court Jurisdiction to Hear Misdemeanor Charges in First Instance; Sufficiency of Record to Establish Subject Matter Jurisdiction of Trial Court; Jurisdictional Defect in Appellate Record Where Presentment Not Included in Record | |
| State v. Clawson (18-57 - Unpublished)
Ineffective Assistance of Counsel | |
| State v. Davis (18-471 - Unpublished)
Anders Kinch Written argument | |
| State v. Dotson (18-443 - Unpublished)
Anders Kinch Written argument | |
| State v. Forte (17-669-2 - Unpublished)
Sufficiency of Habitual felon indictment. | |
| State v. Fowler (16-947-2 - Unpublished)
Jury Instructions; Expert Testimony. | |
| State v. Johnson (18-556 - Unpublished)
speeding to elude arrest; habitual felon; restitution | |
| State v. Kingsberry (18-226 - Unpublished)
Ex Mero Motu; Invited Error; Acting in Concert | |
| State v. Lamberth (18-370 - Unpublished)
Indictment Jurisdiction Communicating threats Insufficiency of the evidence | |
| State v. Latham (17-1075 - Unpublished)
Hearsay; Rule 403; Vouching of victim credibility | |
| State v. Lloyd (18-53 - Unpublished)
Sentencing | |
| State v. McKoy (18-564 - Unpublished)
DWI; habitual felon; Anders; guilty plea | |
| State v. Morgan (18-575 - Unpublished)
Analogue Ethylone Controlled substance Insufficient evidence Continuance | |
| State v. Narron (18-193 - Unpublished)
admissibility of evidence; plain error | |
| State v. Otto (18-574 - Unpublished)
Ineffective Assistance of Counsel Claim; Untimely Motion to Suppress | |
| State v. Sanders (18-476 - Unpublished)
Motion to Dismiss; Sufficiency of the Evidence; Drug Trafficking | |
| State v. Spencer (18-304 - Unpublished)
Case description: attempted rape; assault; strangulation; prior bad acts; testimony; evidence; 404(b); character evidence; unduly prejudicial; prejudicial error; 403 | |
| State v. Swafford (18-324 - Unpublished)
Satellite-based monitoring; Ineffective assistance of counsel | |
| State v. Thompson (18-423 - Unpublished)
Possession of a firearm by a felon; constructive possession; IAC; appeal dismissed | |
| State v. Tyson (18-459 - Unpublished)
Civil Judgment for Court-Appointed Counsel Fees; Notice and Opportunity to be Heard; Imposition of Court Costs and Fees; Restitution | |
| State v. White (18-401 - Unpublished)
Notice of appeal Civil judgment Jurisdiction | |
| Summit De Corp. v. Kweider Bros. Inc. (18-353 - Unpublished)
Enforcing Mediated Settlement Agreement. | |
| Teague & Glover, P.A. v. Kane & Silverman, P.C. (17-727 - Unpublished)
personal jurisdiction; contract; court costs; prejudgment interest | |
| Turnmire v. Eldreth (17-960 - Unpublished)
| |
| Walz v. Walz (18-240 - Unpublished)
custody order; subject matter jurisdiction; UCCJEA | |
| Young v. Bailey (18-664 - Unpublished)
Rule 60(b)(6), subordinate tribunals may not overrule higher tribunals |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 51 PETITIONS AND 261 MOTIONS.
|
|
Filed: 15 January 2019 Mandate: 4 February 2019 Zip File of Published Opinions Case Title / Description | |
| Dill v. Loiseau (18-361 - Published)
Declaratory Judgment; Restrictive covenants; General scheme of development; Radical changes to covenanted area; Waiver of right to enforce covenants | |
| In re: E.M. (18-685 - Published)
juvenile delinquency; mandatory referral to area mental health services director when trial court presented with evidence that juvenile is mentally ill | |
| In re: I.R.L. (18-427 - Published)
Parental rights; termination; domestic violence; DVPO; abandonment; willfulness; child support; notice | |
| Jackson v. Don Johnson Forestry, Inc. (18-354 - Published)
Wills, property rights, life estate, remaindermen, timber rights, trover, indemnity | |
| Marlin Leasing Corp. v. Essa (18-610 - Published)
Full Faith and Credit; service of process; default judgment; foreign jurisdiction | |
| State v. Casey (18-269 - Published)
Vouching; Credibility; Invited Error; Ineffective Assistance of Counsel; Motion for Appropriate Relief; Cross-Examination; Sexual Abuse; Expert; Trial Counsel; Appellate Counsel | |
| State v. Gonzalez (18-228 - Published)
Conflicting Court of Appeals Precedent; In re Civil Penalty; Authority of Court of Appeals Panels to Overrule Earlier Panel Decisions | |
| State v. Hinton (18-530 - Published)
aggravated sentencing; aggravating factor; Blakely v. Washington; harmless error | |
| State v. Juene (18-526 - Published)
Robbery; Robbery with a Dangerous Weapon; Motion to Suppress; Pre-trial Identification; Show-up; Sixth Amendment; Impermissibly Suggestive | |
| State v. Mayo (18-331 - Published)
guilty plea; Anders brief; civil judgment for attorney's fees and costs | |
| State v. Smith (18-518 - Published)
First-degree capital murder; premeditation and deliberation; felony murder; jury instructions on informant's testimony; acting in concert; Rules of Evidence, 401, 402 and 403. | |
| State v. Wilson (18-550 - Published)
motion to dismiss; disseminating obscene material to a minor; unanimous jury verdict; indecent liberties; first-degree statutory rape of a child; reconsideration of decision not to testify | |
| Walsh v. Jones (18-496 - Published)
custody modification, visitation | |
| Unpublished Opinions 15 January 2019 - Rule 30e - Zip File of Unpublished Opinions Mandate: 4 February 2019 | |
| D.A.N. Joint Venture Props. Of NC, LLC v. N.C. Grange Mut. Ins. Co. (18-265 - Unpublished)
| |
| Dingeman v. Mission Health Sys., Inc. (18-634 - Unpublished)
Industrial Commission; workers compensation; Parsons presumption; compensability; burden of proof | |
| Gray v. NC Dep't of Pub. Safety (18-446 - Unpublished)
Sex discrimination; hostile work environment; office of administrative hearings; judicial notice; just cause; subject matter jurisdiction; administrative remedies; ?whole record? test | |
| Hughes v. Drohan (18-399 - Unpublished)
child support, change of circumstances, income, expenses | |
| In re: A.H. (18-624 - Unpublished)
Parental rights, termination, neglect, willfulness, reasonable progress, visitation, best interest of the child | |
| In re: C.L.R. & Z.N.R. (18-314 - Unpublished)
termination of parental rights | |
| In re: N.J.M.G. (18-715 - Unpublished)
termination of parental rights; neglected juvenile | |
| In re: S.M.M. (18-561 - Unpublished)
termination of parental rights; neglected juvenile | |
| In re: T.O., Jr., K.D-D., T.O. (18-596 - Unpublished)
termination of parental rights, no merit brief, Rule 3.1(e) | |
| Rolls v. Just Stumps, Inc. (17-1322 - Unpublished)
Workers' Compensation | |
| State v. Aguilh (18-310 - Unpublished)
Preservation; Plain Error; Motions to Suppress; N.C. Gen. Stat § 15A-975(c) | |
| State v. Baker (17-1354 - Unpublished)
Anders | |
| State v. Blue (18-677 - Unpublished)
sufficiency of the evidence; assault upon a law enforcement agency animal; N.C.R. App. P. 2; jury instruction; plain error | |
| State v. Bova (18-413 - Unpublished)
Sentencing; aggravating Factors; Stipulation | |
| State v. Burney (18-455 - Unpublished)
Collateral Attack; IAC; Motion to Dismiss. | |
| State v. Dinkins (18-138 - Unpublished)
Rule 404(b) | |
| State v. Disorda (18-620 - Unpublished)
Solicitation by Computer; Appearing at a Location; Entrapment; Motion to Dismiss; Rule 2; Jury Instruction; Confession; Closing Argument; ex mero motu; Clerical Error | |
| State v. Ford (18-535 - Unpublished)
Motion to Dismiss; Preservation; Rule 10. | |
| State v. Gibson (18-454 - Unpublished)
appellate jurisdiction; untimely notice of appeal; writ of certiorari; admission of a videotape as substantive/illustrative evidence; preservation of alleged errors by trial court; imposition of civil judgment for attorney's fees without notice and opportunity to be heard | |
| State v. Gomez (18-144 - Unpublished)
Second Degree Forcible Rape; Penetration. | |
| State v. Hopper (18-558 - Unpublished)
Constructive Possession. | |
| State v. Hughes (18-631 - Unpublished)
Plain Error. | |
| State v. Hugo (18-342 - Unpublished)
Burglary; Conspiracy; Sufficiency of Evidence of Intent Element of First Degree Burglary; Right to Appeal from Arrested Judgment | |
| State v. Kawelo (18-316 - Unpublished)
plea agreements; N.C. Gen. Stat. § 14-202.5 | |
| State v. Mills (18-315 - Unpublished)
Constructive Possession; Exclusive Control. | |
| State v. Mitchell (18-333 - Unpublished)
Murder; Conspiracy to Commit Murder; Testimony Regarding Defendant's Silence; Ineffective Assistance of Counsel; Sufficiency of Evidence to Support Multiple Counts of Conspiracy | |
| State v. Mooney (18-368 - Unpublished)
Cross-examination; preserved; objection; prior bad acts; plain error; impeachment; ?open the door? | |
| State v. Morales (18-539 - Unpublished)
motion to suppress; Miranda warnings; interrogation; voluntary statements | |
| State v. Reynolds (18-445 - Unpublished)
Anders; Remand Instructions. | |
| State v. Richardson (17-1313 - Unpublished)
Use of Threat; Use of Deadly Weapon. | |
| State v. Ryckeley (18-139 - Unpublished)
Possession of a Firearm. | |
| State v. Sinclair (18-293 - Unpublished)
Plain Error; Jury Instructions. | |
| State v. Smith (18-421 - Unpublished)
Motion to suppress, fruit of the poisonous tree, inevitable discovery, plain view, motion to dismiss, constructive possession | |
| State v. Terrell (18-237 - Unpublished)
Motion to suppress; Driving while impaired; Probable cause; De facto arrest; Conflict between oral and written orders of trial court | |
| State v. W. (18-242 - Unpublished)
Guilty Plea; Petition for Writ of Certiorari | |
| State v. Waddell (18-219 - Unpublished)
| |
| State v. Weaver (18-740 - Unpublished)
SBM; juror communication | |
| Swanson v. Enloe (18-617 - Unpublished)
Rules of Appellate Procedure; Rule 3; Notice of Appeal | |
| Veer Right Mgmt. Grp., Inc. v. Czarnowski Display Serv., Inc. (18-420 - Unpublished)
Complex business case with claims for breach of fiduciary duty, aiding and abetting breach of fiduciary duty, civil conspiracy, tortious interference with employment contract; unfair and deceptive trade practices; and adverse inference. | |
| Welch v. R&M Charlotte LLC (17-649 - Unpublished)
contract; contract interpretation |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 51 PETITIONS AND 261 MOTIONS.
|
|
Filed: 2 January 2019 Mandate: 22 January 2019 Zip File of Published Opinions Case Title / Description | |
| Meinck v. City of Gastonia (16-892-2 - Published)
(View Supreme Court Opinion) Governmental injury; waiver-insurance; ambiguous terms; summary judgment; general liability policy | |
| NC Farm Bureau Mut. Ins. Co., Inc. v. Cox (18-225 - Published)
Liability insurance; Duty to Defend; Proximate Cause; Bodily Injury | |
| Propst Bros. Dists., Inc. v. Shree Kamnath Corp. (18-519 - Published)
Restrictive Covenant; Negative Covenant; Affirmative Covenant; Real Property; Deeds; Ambiguity | |
| Unpublished Opinions 2 January 2019 - Rule 30e - Zip File of Unpublished Opinions Mandate: 22 January 2019 | |
| Bordini v. Donald J. Trump For President, Inc. (18-409 - Unpublished)
Vicarious liability, independent contractor, negligent retention, actual and constructive notice, summary judgment | |