Court of Appeals Opinions
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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 | |
| State v. Wright (18-209 - Published)
Notice, Aggravating Factors, Sentencing, IAC | |
| 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| Unpublished Opinions 15 January 2019 - Rule 30e - Zip File of Unpublished Opinions Mandate: 4 February 2019 | |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)
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| 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)
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| 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 | |
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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 | |