Court of Appeals Opinions

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Filed: 2 March 2021
Mandate: 22 March 2021
Zip File of Published Opinions

Case Title / Description
Farmer v. Troy Univ.  (19-1015 - Published)   Author: Judge Valerie Zachary
motion to dismiss; interstate sovereign immunity; Franchise Tax Board v. Hyatt; waiver of immunity; retroactive application; state constitutional claims
Fish v. Fish  (20-203 - Published)   Author: Judge Allegra Collins
divorce, cohabitation, date of separation
Halterman v. Halterman  (19-912 - Published)   Author: Judge Donna Stroud
foreign custody order; foreign child support order; registration; motion to dismiss
Hicks v. KMD Inv. Solutions, LLC  (20-71 - Published)   Author: Judge Hunter Murphy
Judgment notwithstanding the verdict, directed verdict, constructive notice, breach of duty
In re: J.S.G.  (20-82 - Published)   Author: Judge Donna Stroud
juvenile petition
Porters Neck Ltd., LLC v. Porters Neck Cty. Club, Inc.  (19-537 - Published)   Author: Judge John Tyson
Interlocutory appeal; sanctions; attorney's fees; discovery violations; customary fees in market; untimely appeal; retention of jurisdiction.
State v. Perdomo  (20-243 - Published)   Author: Judge Valerie Zachary
plain error review; vouching for credibility of child-victim; closing the courtroom; ineffective assistance of counsel
State v. Arnett  (20-324 - Published)   Author: Judge John Tyson
Assault with deadly weapon inflicting serious injury; habitual felon; general intent; specific intent; involuntary intoxication defense; Harbison violation; ineffective assistance of counsel.
State v. Carpenter  (19-1006 - Published)   Author: Judge John Tyson
First-degree sex offense; first-degree kidnapping; aiding or abetting; lesser included offense; jury instructions.
State v. Harris  (19-617 - Published)   Author: Judge Donna Stroud
spousal privilege
Unpublished Opinions
2 March 2021  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 22 March 2021 

Counts v. Counts (20-12 - Unpublished)   Author: Judge Chris Dillon
divorce, military pension, pension, debt, marital debt, equitable distribution, life expectancy, spouse, marital estate, student loans
Davis v. Davis (20-303 - Unpublished)   Author: Judge Lucy Inman
Child support modification, sanctions,
Gupton v. NC Dep't of Pub. Safety (20-357 - Unpublished)   Author: Judge Jefferson Griffin
N.C. Gen. Stat. ? 150B-51(b), contested case hearing, administrative hearing, constitutional claims, appellate jurisdiction
In re N.T., A.T. (20-247 - Unpublished)   Author: Judge Donna Stroud
Constitutionally protected parental status, relative placement
Inrock Drilling Sys., Inc. v. CMP Techs., Inc. (20-167 - Unpublished)   Author: Judge Jeff Carpenter
Motion to enforce judgment; insufficient service of process
John J. Callahan, Adm'r of Meggan Callahan's Estate v. N. Carolina Dep't of Pub. S (20-269 - Unpublished)   Author: Judge John Arrowood
issues include (1) whether the appeal is interlocutory and thus should be dismissed; (2) if not, whether plaintiff can assert a Corum claim under the NC Constitution when she has other adequate state remedies; and relatedly (3) whether the trial court erred in denying defendant's MTD the Corum claim
Pfouts v. NC Div. of Emp't Sec. (20-75 - Unpublished)   Author: Judge Tobias Hampson
Denial of Unemployment Benefits; Statutory Requirements for Judicial Review
State of N. Carolina v. Jonathan Hayes (20-275 - Unpublished)   Author: Judge John Arrowood
Rule 403, abuse of discretion, autopsy photographs
State v. Henry Frederick Saulpaugh (20-301 - Unpublished)   Author: Judge Jefferson Griffin
Probation, revocation, revoke. cross-examine, adverse witness, confrontation, good cause, abscond
State v. Johnson (20-110 - Unpublished)   Author: Judge Jefferson Griffin
Expert testimony regarding evidence of sexual assault, evidence of prior bad acts, relevance, character evidence, some other proper purpose, statutory sex offenses with a minor
State v. Moore (20-85 - Unpublished)   Author: Judge John Arrowood
appeal of first-degree murder conviction on evidentiary and jury instruction grounds; appeal of denial of motion to dismiss
State v. Owen (20-210 - Unpublished)   Author: Judge Jeff Carpenter
Motion to dismiss; sufficiency of evidence; jury instructions; defense of accident
State v. Rhynes (19-386 - Unpublished)   Author: Judge Donna Stroud
Anders
State v. Rollinson (20-42 - Unpublished)   Author: Judge Jeff Carpenter
Right to waiver of jury trial; sentencing error
State v. W. (20-57 - Unpublished)   Author: Judge Richard Dietz
Motion to suppress; reasonable suspicion for brief safety frisk; reasonable suspicion for full investigatory stop and search of vehicle; argument preservation
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 24 PETITIONS AND 132 MOTIONS.


Filed: 16 February 2021
Mandate: 8 March 2021
Zip File of Published Opinions

Case Title / Description
State v. Corpening  (19-1063 - Published)   Author: Judge Lucy Inman
? jurisdictional defect under North Carolina Rule of Appellate Procedure 3(d) ? motion to dismiss allowed ? petition for writ of certiorari granted ? attorney's fees
State v. Edwards  (19-615 - Published)   Author: Judge Richard Dietz
First degree murder; jury instruction on lack of flight; harmless error
King v. Duke Energy Progress, LLC  (20-292 - Published)   Author: Judge Darren Jackson
trespass to timber; measure of damages where trees are ornamental and have little or no commercial value after being cut; replacement cost constitutes competent evidence of diminution in value of real estate owned for personal use
Unpublished Opinions
16 February 2021  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 8 March 2021 

Bresnahan v. Kirk (20-207 - Unpublished)   Author: Judge John Arrowood
whether appeal should be dismissed as interlocutory and, if not, whether the trial court properly imposed Rule 11 sanctions on plaintiffs for discovery violations
In re: S.P-H. (20-229 - Unpublished)   Author: Judge Jefferson Griffin
Involuntary commitment, split commitment, dangerous to self, dangerous to others, mentally ill, aggression, physical debilitation, serious bodily harm, near future
Klaver v. Klaver (19-860 - Unpublished)   Author: Judge Donna Stroud
Alimony
Maria Hontzas Poulos v. John E. Poulos (20-365 - Unpublished)   Author: Judge John Arrowood
motion to dismiss, interlocutory appeal, res judicata
State v. Bridges (19-838 - Unpublished)   Author: Judge Valerie Zachary
hearsay; N.C. Evid. R. 803(3); declarant's then-existing state of mind; closing arguments; trial court's failure to intervene ex mero motu; law of self-defense
State v. Curtis Howie (AKA Aziz Mateen-El) (20-284 - Unpublished)   Author: Judge John Arrowood
motion to dismiss for insufficient evidence, N.C. Gen. Stat. § 14-208.7
State v. Dipietro (20-8 - Unpublished)   Author: Judge Valerie Zachary
motion to continue; effective assistance of counsel; failure to show prejudice
State v. Eakes (19-745 - Unpublished)   Author: Judge Chris Dillon
False Pretense, misrepresentation, ineffective assistance of counsel, indictment, evidence at trial, jury instructions, fatal variance
State v. Gaddy (20-286 - Unpublished)   Author: Judge Darren Jackson
trial court lacked subject matter jurisdiction where indictment charging perjury lacked the allegedly false statement
State v. Harris (20-62 - Unpublished)   Author: Judge Tobias Hampson
No error; Motion to dismiss; Lesser-included offense instruction; Sentencing; Remand for clerical error.
State v. Lindsey (20-91 - Unpublished)   Author: Judge Darren Jackson
jury instructions on charge of failure to register as a sex offender; any error in misplacing the word willfully in the instructions did not constitute plain error
State v. McSpadden (20-109 - Unpublished)   Author: Judge Chris Dillon
common law robbery, resisting public officer, assault on government official, surveillance video, limiting instruction, ex mero motu, opening statement, closing argument, jury argument
State v. Silvernale (20-55 - Unpublished)   Author: Judge Allegra Collins
Anders v. California, 386 U.S. 738 (1967); appeal wholly frivolous; appeal dismissed
State v. Tabb (20-131 - Unpublished)   Author: Judge John Tyson
Possession of cocaine and marijuana; unchallenged findings of fact; motion to suppress; 4th amendment seizure of driver and occupants.
State v. Tyree Marquel Jones (20-281 - Unpublished)   Author: Judge Hunter Murphy
reasonable articulable suspicion, abandoned argument, no prejudicial error
Wilmington Sav. Fund Soc'y, FSB v. Hall (20-176 - Unpublished)   Author: Judge Valerie Zachary
summary judgment; negotiable instruments; ratification
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 24 PETITIONS AND 132 MOTIONS.


Filed: 2 February 2021
Mandate: 22 February 2021
Zip File of Published Opinions

Case Title / Description
Shearin v. Brown  (20-389 - Published)   Author: Judge Lucy Inman
Equitable adoption
In re: K.M.  (20-482 - Published)   Author: Judge John Arrowood
juvenile disposition order, N.C. Gen. Stat. § 7B-2502(c)
State v. Black  (19-1125 - Published)   Author: Judge Lucy Inman
Substantially similar offenses; Attorney's fees
State v. Grays  (19-1140 - Published)   Author: Judge Tobias Hampson
Mistrial; Manifest Necessity; Double Jeopardy
Unpublished Opinions
2 February 2021  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 22 February 2021 

In re J.J. & K.J. (20-264 - Unpublished)   Author: Judge Richard Dietz
Juvenile proceeding; abuse and neglect; challenge to review order
In re: A.S., C.W.S., and J.C.S. (20-77 - Unpublished)   Author: Judge Richard Dietz
Permanency planning hearing; judge who presided over hearing must sign order; conceded error
Seymour v. Orange Cty. Bd. of Educ. (19-334-2 - Unpublished)   Author: Judge Hunter Murphy
school board immunity; immunity waiver; insurance contract interpretation
State v. Avery (19-992 - Unpublished)   Author: Judge Richard Dietz
Post-conviction DNA testing; Anders review
State v. Chambers (20-196 - Unpublished)   Author: Judge Richard Dietz
Expert testimony; plain error; conceded error at sentencing
State v. Evans (19-1121 - Unpublished)   Author: Judge John Tyson
Habitual misdemeanor larceny; guilty plea; sentence in presumptive range; Anders brief.
State v. Koehn (20-33 - Unpublished)   Author: Judge John Arrowood
whether trial court erred by imposing two judgments for two separate convictions of the statute prohibiting persons from possessing a controlled substance on jail premises; defendant was convicted of two counts under this statute as she possessed two different controlled substances on jail premises (following arrest for DWI)
State v. Murrell (20-314 - Unpublished)   Author: Judge Allegra Collins
Failure to follow mandate of N.C. Gen. Stat. s. 15A-1242; waiver of counsel not knowing, intelligent, and voluntary; Sixth Amendment violation
State v. Paul Edward Swino (20-302 - Unpublished)   Author: Judge John Arrowood
Rule 901, Rule 803(17), Kelley Blue Book report, plain error
Tim Gasper v. Brady Trane Serv.s, Inc. . (20-280 - Unpublished)   Author: Judge John Tyson
Rule of Civil Procedure 12(c); fraud; quantum meruit; quasi contract; express agreement; Rule of Civil Procedure 9(b); judgment on the pleadings.