Court of Appeals Opinions
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Filed: 7 September 2021 Mandate: 27 September 2021 Zip File of Published Opinions Case Title / Description | |
| Bradford v. Bradford (20-358 - Published)
equitable distribution claim, motion in the cause, Rule 41 | |
| Bradford v. Bradford (20-377 - Published)
equitable distribution claim, motion in the cause, Rule 41 | |
| Isom v. Duncan (20-320 - Published)
Custody order; parental visitation rights; best interests of the child. | |
| Craig v. Neal (20-261 - Published)
Dedication, appurtenant easement, private easement, right of way, public road, plat, Marketable Title Act, abandonment, adverse use, gravel road. | |
| FMSH LLC v. NC Dep't of Health & Hum. Servs. (20-102 - Published)
Certificates of Need, Legacy Medical Care Facility, statutory construction, operate, acquire, reopen | |
| Cohen v. Cont'l Motors, Inc. (20-418 - Published)
Personal jurisdiction; Purposeful availment; Rule 12(b)(2) | |
| In re: A.L. (21-245 - Published)
3.1 juvenile case; jurisdiction; N.C. Gen. Stat. 7B-1001(a)(5)(a); permanency planning order | |
| Osborne v. Yadkin Valley Econ. Dev. Dist. Inc. (20-485 - Published)
Negligence; duty of care; sexual assault; Title IX; Section 1983; substantive due process; equal protection; independent contractor; tort law; failure to train and supervise; precedent; education; special-needs; exceptional children; summary judgment; and motion to dismiss | |
| State of NC v. Cube Yadkin Generation LLC (20-46 - Published)
Declaratory Judgment Act, actual and justiciable controversy, public utility regulation, landlord/tenant exemption to regulation | |
| State v. Guerrero (20-722 - Published)
Jury instructions, statutory mitigating factors, defendant's right to a jury trial | |
| State v. Flanagan (20-577 - Published)
Revocation hearing; waiver of revocation hearing; jurisdiction; superior court; district court; N.C. Gen. Stat. Sec. 15A-1347; petition for writ of certiorari; N.C. R. App. P.4. | |
| State v. Tarlton (20-100 - Published)
Fatal variance, preservation, material element, surplusage | |
| Unpublished Opinions 7 September 2021 - Rule 30e - Zip File of Unpublished Opinions Mandate: 27 September 2021 | |
| Barrier v. City of Kannapolis (20-592 - Unpublished)
Workers' compensation; challenged findings of fact; N.C. Gen. Stat. § 97-2(6); compensable injury | |
| EPES LOGISTICS SERVICES, INC. v. ANTHONY DE PIANTE. (20-338 - Unpublished)
motion to compel, arbitration, logistics, agreement, contract, solicitation, international, business, employee, signatory, nonsignatory, equitable estoppel, motion to dismiss | |
| In re AP (21-36 - Unpublished)
permanency planning order; Rule 17 Guardian ad litem | |
| In re D.R. (21-148 - Unpublished)
trial court's findings of fact were supported by clear and convincing evidence; trial court's findings of fact supported adjudication of neglect; relevancy of evidence of prior abuse of another juvenile; no-merit brief pursuant to N.C. R. App. P. 3.1(e). | |
| In re H.M., Z.M., S.M. (21-173 - Unpublished)
Dependency; N.C. Gen. Stat. Section 7B-101(9) | |
| In Re L.B. (21-124 - Unpublished)
juvenile delinquency; sufficiency of verdict; possession of a firearm with an altered serial number; interdisciplinary evaluation | |
| In re R.W., A.R. (21-107 - Unpublished)
Juvenile abuse and neglect; permanency planning; cessation of reunification efforts; guardianship award; visitation order | |
| In re: J.A.H. (20-600 - Unpublished)
delinquency; adjudication and disposition; limitation on cross-examination; in camera review; improper closing statement; cumulative error | |
| Leslie Julia Zimmerman v. Norman Jude Zimmerman (20-785 - Unpublished)
Equitable distribution; valuation of marital property; oral stipulations. | |
| McCarter v. N.C. Bd. of Licensed Prof'l Couns. (20-584 - Unpublished)
Administrative Procedure Act; Petitions for Judicial Review; Contested Cases; Licensing Discipline | |
| Robert McKoy (20-627 - Unpublished)
Possession of a firearm by a felon; motion to dismiss; insufficient evidence; constructive possession; knowledge | |
| Smith v. Novant Health, Inc. (19-859 - Unpublished)
Medical malpractice; administrative negligence claims; exclusion of expert testimony from hospital administrator under Rule 702; record insufficient for meaningful appellate review; exclusion of evidence under Rule 403 | |
| State of N. Carolina v. Tammy Jo Hernandez (20-583 - Unpublished)
failure to instruct on lesser-included offense of possession of methamphetamine to charge of trafficking in methamphetamine by possession did not constitute plain error; remand for correction of clerical error in judgment was required where judgment listed incorrect offense | |
| State v. Allen (20-468 - Unpublished)
Opportunity to be heard, attorney?s fees, civil judgments | |
| State v. Christopher Chamberlin (20-651 - Unpublished)
relevancy; voluntary statements; N.C.R. Evid. 404(b); domestic violence; N.C. Gen. Stat. 14-32(b) | |
| State v. Davis (20-445 - Unpublished)
Improper remarks, ex mero motu, prosecutorial misconduct | |
| State v. Derek Sidney Schmidt (20-661 - Unpublished)
Defendant convicted of assault on a child under 12 years old and felonious child abuse; fatal defect in arrest warrant; no subject matter jurisdiction; vacate in part; admissibility of portions of jail phone recordings; North Carolina Rule of Evidence 403; hearsay; flight risk; bad character; implied admission; no error in part | |
| State v. Douglas Dontay Peterson (20-571 - Unpublished)
first-degree murder, threat, perfect self-defense, imperfect self-defense, defense of others, jury instructions, victim, force, involuntary manslaughter, second-degree murder, aggressor | |
| State v. Essam Allamadani (20-752 - Unpublished)
Appeal from civil judgment for court-appointed attorneys' fees; requirement of notice and opportunity to be heard; conflicting order for waiver of fees; unable to determine whether trial court made clerical error | |
| State v. Gary Shuford, Sr. (20-744 - Unpublished)
speeding to elude arrest; sufficiency of the evidence; trial court's failure to recognize and exercise its discretion at sentencing; concurrent v. consecutive sentences | |
| State v. Herr (20-723 - Unpublished)
Motion for Appropriate Relief; Ineffective Assistance of Counsel; N.C. Gen. Stat. Section 15A-1420 | |
| State v. Joyner (20-156 - Unpublished)
Impartial Tribunal; Appellate Rule 2; N.C. Gen. Stat. s. 15A-1222; Chain of Custody | |
| State v. Larry Moore (20-416 - Unpublished)
probation, trial court's exercise of discretion | |
| STATE v. STEPHANIE LYN BECKWITH (20-437 - Unpublished)
Duress; sex offense; indecent liberties; imminent harm; ineffective assistance of counsel; plain error; jury instructions | |
| State v. Steven Lamont Nivens (20-344 - Unpublished)
Possession of a firearm by a felon; possession of a stolen firearm; guilty knowledge; dishonest purpose; real evidence; and chain of custody | |
| State v. Tyrone Dillard (20-602 - Unpublished)
court erred by denying motion to dismiss or committed plain error by giving an alleged incomplete jury instruction on felony hit and run, or both | |
| Weller v. Jackson (21-80 - Unpublished)
civil no-contact order; N.C.G.S. § 50C-1; First Amendment |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 52 PETITIONS AND 169 MOTIONS.
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Filed: 17 August 2021 Mandate: 6 September 2021 Zip File of Published Opinions Case Title / Description | |
| 85' & Sunny, LLC v. Currituck Cty. (20-648 - Published)
County zoning board decision was supported by substantial, competent evidence in view of the entire record; trial court's review of county zoning board in nature of certiorari; interpretation of county unified development ordinance. | |
| Gribble v. Bostian (20-412 - Published)
easement, appurtenant, not located, acquiesced, competent evidence, practical location, reasonable way, Dead Man's Statute, Hearsay | |
| State v. McLymore (20-555 - Published)
robbery with a firearm; jury instructions; trial court did not err when it did not designate the victims named in the indictment as the alleged victims of the armed robbery | |
| State v. McDougald (20-514 - Published)
motion for a mistrial; Sixth Amendment right to effective assistance of counsel; Eyewitness Identification Reform Act (?EIRA?) | |
| State v. Newborn (20-411 - Published)
Possession of firearm by felon separate indictment requirement; findings of fact regarding material evidentiary conflict; readily accessible firearm; objective probable cause. | |
| State v. Staton (20-676 - Published)
Firearm, motion to dismiss, N.C. Gen. Stat. § 14-34.1, occupied, vehicle | |
| Walter v. Walter (20-590 - Published)
child custody, contempt order, contempt | |
| Waly v. Alkamary (19-1054 - Published)
UCCJEA, motion to stay, domestic violence protective order, full faith and credit | |
| Unpublished Opinions 17 August 2021 - Rule 30e - Zip File of Unpublished Opinions Mandate: 6 September 2021 | |
| Angela Wilson Freeman v. Tommie L. Glenn (20-478 - Unpublished)
Motor vehicle accident; contributory negligence; peremptory instruction on negligence; evidence of seat belt misuse; duplicative evidence; harmless error; motion for judgment notwithstanding verdict | |
| Cassandra Michele Starnes vs. Carrie Elizabeth Starnes (21-26 - Unpublished)
child custody; trial court did not err in refusing to admit evidence of infidelity of one spouse; trial court's challenged findings of fact were supported by competent evidence or were recitations of testimony not necessary to support court's ultimate findings of fact and conclusions of law; expert did not engage in improper vouching; court's findings on the ultimate facts resolved all the material issues in controversy | |
| Contaminant Control, Inc. v. Allison Holdings, LLC (20-531 - Unpublished)
Directed Verdict; Fraud; Breach of Contract; Relevant Evidence; Motion to Amend | |
| Erickson v. NC Dep't of Pub. Safety (20-704 - Unpublished)
Administrative Law Judge; hearsay evidence; dismissal for just cause; career State employee; grossly inefficient job performance; unacceptable personal conduct; | |
| In re: S.R.J.T. (20-29-2 - Unpublished)
neglect, dependency, finding of fact, alternative child care arrangement | |
| James Lomick v. N. Carolina Dept. of Pub. Safety (20-587 - Unpublished)
Order of Industrial Commission; interlocutory appeal; appellate jurisdiction. | |
| Jayson Jackson v. Duke Univ. Health Sys., Inc. (20-670 - Unpublished)
Medical malpractice claim; sufficiency of Rule 9(j) certification; dismissal; denial of motion to amend Rule 9(j) certification; futility of amendment | |
| Lowery v. Choice Hotels Int'l, Inc. (20-662 - Unpublished)
Proper Venue; Notice and Hearing; Waiver | |
| Lowrey v. Choice Hotels Int'l, Inc. (20-649 - Unpublished)
Proper Venue; Notice and Hearing; Waiver | |
| Lowrey v. Choice Hotels Int'l, Inc. (20-782) - [Withdrawn by order of the Court] | |
| Ross v. SBI (20-599 - Unpublished)
Industrial Commission; State Tort Claims Act; Rule 60 motion for relief from judgment; Rule 60(b)(3); untimely motion; Rule 60(b)(6); abuse of discretion standard | |
| State v. Forte (19-1157 - Unpublished)
N.C. Gen. Stat. 15A-1354(a); discretion to impose consecutive or concurrent sentences; notice and opportunity to be heard before imposition of civil judgment for attorneys' fees; duplicative court costs; fee not supported by evidence | |
| State v. Gavin (20-172 - Unpublished)
First degree kidnapping; motion to dismiss; sufficiency of the evidence; intent to terrorize victim | |
| State v. Kisha Joann Welch (20-642 - Unpublished)
Felony child abuse; motion to dismiss; reliability of expert testimony; motion to continue; sufficient notice of expert testimony; relevant evidence; character evidence; closing arguments. | |
| State v. Lent (20-565 - Unpublished)
child sexual abuse; trial court did not err in allowing witness testimony about what victim disclosed; no error or abuse of discretion in admission of evidence of the defendant's masturbation; fact of the defendant's probation was admitted as evidence of flight; defendant did not receive ineffective assistance of counsel | |
| State v. Lindsey (20-609 - Unpublished)
Drug offenses; appeal from guilty plea; appellate jurisdiction; petition for writ of certiorari; sufficiency of factual basis; defendant's right to be heard before imposition of court-appointed attorneys' fees | |
| State v. Othello York (20-601 - Unpublished)
Drug offenses; challenges to admission of testimony; ineffective assistance of counsel claim; plain error |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 52 PETITIONS AND 169 MOTIONS.
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Filed: 3 August 2021 Mandate: 23 August 2021 Zip File of Published Opinions Case Title / Description | |
| In re: E.A.C., P.A.C., J.M.C., J.C-B. (20-835 - Published)
permanency planning; N.C.G.S. § 7B-906.2; reunification efforts; misapprehension of law | |
| In re: A.D. & A.D. (21-6 - Published)
Services needed; substantiated; neglected juveniles; clear and convincing evidence; conclusion of law; and finding of fact. | |
| Putnam v. Putnam (20-594 - Published)
Equitable distribution; parties? standard of living during the marriage; alimony. | |
| Munoz v. Munoz (20-193 - Published)
child custody; relocation; potential military deployment; N.C. Gen. Stat. 50-13.2(f); statutory construction | |
| Nielson v. Schmoke (20-701 - Published)
Enforcement of foreign judgments; UEFJA | |
| Sprinkle v. Johnson (20-32 - Published)
alienation of affection and criminal conversation; no notice of trial; due process rights; Rule 2 | |
| State v. Abbitt (20-309 - Published)
First-degree murder; felony murder; assault with a deadly weapon; attempted robbery with a deadly weapon; eyewitness identification, NCGS 15A-284.52(d)(3); implicating third parties; suggestive photo lineup; errors in closing arguments; hearsay and relevant evidence; sufficiency of the indictment; non-capital murder. | |
| State v. Surratt (20-455 - Published)
Presumed prejudice; ineffective assistance of counsel; motion to continue; incomplete record on appeal. | |
| State v. Dover (20-362 - Published)
Motion to dismiss; insufficiency of the evidence; speculation; conjecture. | |
| State v. Burns (20-491 - Published)
Statutory sex offense; element of penetration; labia; victim testimony; insufficient evidence; and motion to dismiss. | |
| State v. Swindell (20-263 - Published)
Justification, affirmative defense, jury instruction, possession of a firearm by a felon, and second-degree murder. | |
| State v. Malone-Bullock (20-334 - Published)
lay-witness opinions; Fifth Amendment right to silence; plain-error review | |
| State v. Teesateskie (20-190 - Published)
Motion to dismiss; impairment; conflicting evidence; opinion of a law enforcement officer; conduct indicating impairment; Rule 702; prejudice. | |
| Angarita v. Edwards (20-846 - Published)
trial court did not err by paraphrasing witness testimony in factual finding; record did not support allegation that trial judge showed hostility to party; correction of order by trial court amounted to a merely clerical correction because it added no new substantive requirements to order; ordering a mental health evaluation of a party was within the court's discretion as other relief in an action for a no-contact order; trial court did not err in failing to rule on motion to dismiss that was not served on all parties and movant did not raise at the appropriate time | |
| Williams v. Marchelle Isyk Allen, P.A. (20-724 - Published)
Medical malpractice; Medical Review Committee Privilege; NCGS 90-21.22A; motion to compel; motion to enforce | |
| Unpublished Opinions 3 August 2021 - Rule 30e - Zip File of Unpublished Opinions Mandate: 23 August 2021 | |
| Goforth v. LR Dev.-Charlotte, LLC (20-558 - Unpublished)
real estate financing transactions; North Carolina General Statute Chapter 45, Article 7; future advances; validity v. priority; deed of trust secured by real property; maturity date; record notice; summary judgment; affirmed and modified in part; reversed and remanded in part | |
| In re N.T., K.M., and A.C. (20-891 - Unpublished)
Juvenile abuse and neglect; permanency planning; guardianship; trial court's duties under Indian Child Welfare Act | |
| State of N. Carolina v. D'Monte Lamont O'Kelly (20-693 - Unpublished)
lifetime satellite-based monitoring an unreasonable warrantless search | |
| State v. Adam Wayne Eller (20-342 - Unpublished)
felony larceny of a motor vehicle; insufficient evidence of value of vehicle; vacate in part and remand for resentencing; enter judgment on lesser-included misdemeanor larceny; breaking and entering with intent to commit a felony therein; evidence of intent to commit larceny of car keys at time of entrance into home; no error; remand to correct clerical errors in felony breaking and entering status and class in judgment | |
| State v. Alex Antonio Green (20-456 - Unpublished)
Anders, Kinch, own review, sentence imposed, not authorized, prior record level | |
| State v. Brandon Dion Greene (20-598 - Unpublished)
Possession with intent to sell or deliver within 1000 feet of a school; motion to dismiss; sufficiency of evidence; constructive possession; intent to sell or deliver; statutory interpretation of within 1000 feet of a school | |
| State v. Brisbon (20-408 - Unpublished)
Possession of a firearm by a felon; ineffective assistance of counsel; motion to dismiss; constructive possession; prior convictions | |
| State v. Christopher Gene Crawford (20-502 - Unpublished)
Willful failure to appear; motion to dismiss; sufficient evidence; inference; willfulness; habitual felon status | |
| State v. Jayleen Boston (20-674 - Unpublished)
Civil judgment; criminal judgment; attorney fees; standby counsel | |
| State v. Martin (20-738 - Unpublished)
expert testimony; insufficient foundation; error but no plain error; insufficient evidence of habitual felon status | |
| State v. Pryor (20-363 - Unpublished)
video authentication; motion to dismiss; plain error; jury instruction; social media account authentication |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 52 PETITIONS AND 169 MOTIONS.
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Filed: 20 July 2021 Mandate: 9 August 2021 Zip File of Published Opinions Case Title / Description | |
| Brown v. Patel (19-973 - Published)
res judicata, small claims action, final judgment | |
| In re: B.R.W. & B.G.W. (20-675 - Published)
Preservation, Acting in a manner inconsistent with constitutionally protected status, best interest of the child standard | |
| In re: C.D.G. (20-520 - Published)
Involuntary Commitment; Certiorari; Due Process; Findings of Fact | |
| In re: N.Z.B. (21-4 - Published)
Dependency; permanency planning; constitutionally protected status; parental status; clear and convincing evidence; subject matter jurisdiction | |
| In re: Q.J., Jr. (20-551 - Published)
Involuntary Commitment; Certiorari; Due Process; Findings of Fact | |
| Powell v. Cartret (20-406 - Published)
Error to subject records under N.C. Gen. Stat. 58-10-430 to subpoena; no error to subject records under N.C. Gen. Stat. 58-30-62 to subpoena. | |
| State v. Oglesby (20-336 - Published)
scope of resentencing on remand after sentence of mandatory life without parole (LWOP) for a juvenile is vacated in light of Miller v. Alabama; trial court did not err in failing to disturb unrelated consecutive sentences for armed robbery on remand from vacated LWOP sentence for felony murder; argument regarding propriety of consecutive sentences for unrelated convictions aggregated with vacated LWOP sentence for felony murder was waived where counsel conceded unrelated convictions were not before the court at resentencing; ineffective assistance of counsel claim regarding consecutive sentences for felony murder and kidnapping failed because the defendant could not demonstrate make required showing of prejudice; court declined to address and dismissed without prejudice ineffective assistance of counsel claim regarding Miller's prohibition against disproportionate punishment for juvenile offenders under the Eighth Amendment by imposing LWOP because of conflicting opinions regarding the constitutionality of de facto LWOP sentences for juveniles and pendency of appeal before North Carolina Supreme Court that will resolve this issue | |
| State v. Chambers (20-238 - Published)
Sufficiency of the Evidence; First-Degree Murder in the Perpetration of a Felony; Felony Child Abuse | |
| State v. Chavis (20-139 - Published)
robbery with a dangerous weapon, dangerous weapon, and contempt | |
| State v. Elder (20-215 - Published)
motion to dismiss; elements of first-degree rape, first-degree kidnapping, and common-law robbery; expert witness qualifications; admissibility of medical records; admission of medical records; admission of hearsay statements; sentencing for first-degree rape and first-degree kidnapping; attorney's fees - notice and opportunity to be heard | |
| State v. Hemingway (20-24 - Published)
Probation revocation hearing; confrontation; Justice Reinvestment Act; good cause. | |
| State v. Huckabee (20-581 - Published)
Jury instructions; lesser-included offenses; assault with a deadly weapon; serious injury; attorney's fees. | |
| State v. Scott (20-688 - Published)
amendment of indictment was permissible because indictment was facially valid and amendment did not add any previously omitted essential element of the offense charged, resulting in a substantial alteration; proof of sexual activity by a substitute parent or custodian does not require that person who assumed position of a parent reside in the home with the minor victim; consistent distinction between predicate acts for two counts of sexual activity by a substitute parent in jury instructions and verdict sheets demonstrated that jury verdicts were unanimous, though distinguishing between the predicate acts in the verdict sheets was not required; indictment charging multiple counts of a single crime based on distinct predicate acts was not multiplicious; distinct sexual acts occurring during the same sexual encounter can provide the basis for multiple charges of sexual activity by a substitute parent or custodian; trial court did not abuse its discretion by imposing consecutive rather than concurrent sentences | |
| State v. Gaddis (20-396 - Published)
DWI/DWLR, mistrial, request for transcript, motion for continuance, delay in request, prejudice, prior counsel's testimony. | |
| Wynn v. Frederick (20-472 - Published)
Sovereign immunity, judicial immunity, and interlocutory appeal | |
| Unpublished Opinions 20 July 2021 - Rule 30e - Zip File of Unpublished Opinions Mandate: 9 August 2021 | |
| Arie J. Bird v. EBCI TABCC and NCDOC, DES (20-612 - Unpublished)
misconduct connected with the work; employment benefits; challenged findings of fact; petition for judicial review; motion to dismiss; COVID-19 | |
| Batts v. Ideal Image (20-480 - Unpublished)
medical malpractice, ordinary negligence, res ipsa loquitur, clinical judgment, 9(j) Certification, laser hair removal | |
| Desai v. Desai (20-435 - Unpublished)
Equitable distribution; N.C. Gen. Stat. § 50-20; classification and valuation of property; marital property; separate property; sufficiency of findings of fact and conclusions of law; interim distribution; distributive award. | |
| DLL Fin. LLC v. Warner (20-624 - Unpublished)
Foreign judgment, forum selection clause, motion to dismiss, N.C. Gen. Stat. § 1-339.71, personal jurisdiction, Rule 6(d), Rule 12(b)(6), Rule 60(b), surprise affidavit, unclean hands | |
| Hedgepeth v. SMCC Clubhouse, LLC and Conley Creek Ltd. P'ship (20-743 - Unpublished)
bankruptcy, automatic stay, declaratory judgment, standing, Rule (12)(b)(1), finding of fact, future litigation | |
| In Re E.D.Y. (20-685 - Unpublished)
Involuntary commitment, hearing, witness, due process, bipolar disorder, psychiatrist, respondent, medical report, doctor | |
| In re M.F. (20-736 - Unpublished)
Abuse, neglect, and dependency; permanency planning order; findings of fact; award of guardianship; and statutory findings | |
| In Re R.S. (20-777 - Unpublished)
Involuntary commitment, hearing, due process, witness, respondent, doctor, impartial tribunal, psychiatrist, psychosis, hearsay | |
| In re: Harper v. Harper (20-746 - Unpublished)
administration of estate; petition for sale to make assets and pay debts; de novo hearing in superior court; motion to continue; gatekeeper order | |
| In re: C.F. (20-574 - Unpublished)
Involuntary commitment, hearing, due process, witness, respondent, doctor, impartial tribunal | |
| In re: L.R.M. (20-913 - Unpublished)
adjudication and disposition; stipulated facts; N.C. Gen. Stat. § 7B-101(15)? | |
| In re: The Estate of Johnnie E. Harper (20-730 - Unpublished)
administration of estate; petition for sale to make assets and pay debts; de novo hearing in superior court; motion to continue; gatekeeper order | |
| In the Matter of J.R. (20-457 - Unpublished)
In re J.R. Involuntary commitment, hearing, witness, due process, inpatient treatment, doctor, impartial tribunal, judge, respondent | |
| Jacobs v. Mann (20-378 - Unpublished)
Expert witnesses; Rule of Evidence 702; N.C. Gen. Stat. Section 90-21.12; | |
| Peay v. S&D Coffee (20-717 - Unpublished)
Jury instruction, bifurcate, accident, crash, syncope, damages, ex mero motu, closing argument, bamboozle, fool, workers compensation, sudden incapacitation, motor vehicle | |
| Powell v. Cartret (20-638 - Unpublished)
No error ordering the release of medical records. | |
| Rissmann v. Rissmann (20-503 - Unpublished)
Marriage, separation, child support, alimony, equitable distribution, attorneys fees, dependent spouse, supporting spouse, standard of living, unreasonable expenses, reasonable expenses | |
| Rodgers v. Law Office of Kenneth T. Davies, P.C. (20-465 - Unpublished)
Findings of fact; unclean hands, breach of contract; unauthorized practice of law; conclusions of law; competent evidence | |
| State of N. Carolina v. Brandon Helms (20-553 - Unpublished)
Petition for writ of certiorari, guilty plea, motion to suppress, sentencing, satellite-based monitoring | |
| State of N. Carolina v. Darren Lynn Johnson (20-732 - Unpublished)
Anders brief | |
| State of N. Carolina v. Joe Wesley Carter (20-755 - Unpublished)
grant State's motion to dismiss; issue Defendant's writ of certiorari; motion for post-conviction DNA testing; North Carolina General Statute Section 15A-269(a); vacate portion of trial court's order barring similar future motions | |
| State of N. Carolina v. Michael Boone (20-310 - Unpublished)
Rule 404(b), prejudice, motion to dismiss, felony murder, attempted rape, overt act. | |
| State of N. Carolina v. William Matthew Fortney (20-524 - Unpublished)
First-degree murder, robbery with dangerous weapon, second-degree murder, jury instruction, acting in concert, common plan, premeditation, deliberation, motion to dismiss, continuous chain of events, predicate felony | |
| State v. Alvin Nathaneal Smith (20-626 - Unpublished)
Batson challenge; facially neutral explanations for juror strikes; proof of purposeful discrimination | |
| State v. Antwan Bernard Parker (20-498 - Unpublished)
Fleeing to elude arrest, resisting public officer, possession of marijuana, child abuse, drug dealer, illegal drugs, testimony, character evidence, reasonable suspicion, reputation, motion to dismiss, substantial evidence, substantial risk of injury, reckless driving, close question | |
| State v. Beard (20-773 - Unpublished)
Admissibility; relevancy; Rule 403; Rule 608(b); witness' specific instances of conduct; impeachment | |
| State v. Blakley (20-239 - Unpublished)
Sex offender registration; willful failure to notify of change of address; jury instructions on willfulness element; ex post facto challenge to changes in sex offender registration statutes | |
| State v. Blueford (20-388 - Unpublished)
jury instructions | |
| State v. Christman (20-316 - Unpublished)
Indecent liberties, statutory sexual offense, statutory sexual offense with a child by an adult, expert witness, disclose, disclosure, vouch, truthfulness, plain error, child sexual abuse, child victim, credibility, penetration, sexual act, labia | |
| State v. Fernando Alvarez (20-611 - Unpublished)
motion to suppress; constitutionality of checkpoint; primary programmatic purpose; independent reasonable suspicion | |
| State v. Johnson (20-410 - Unpublished)
Defendant convicted of possession of a firearm by a felon, possession of a stolen firearm, possession of cocaine, and knowingly maintaining a dwelling to keep a controlled substance; issue writ of certiorari; motions to dismiss for insufficiency of evidence; no substantial evidence that Defendant allowed others to resort to his dwelling to use controlled substances; North Carolina General Statutes Section 90-108(a)(7); reversed and remanded in part; North Carolina Rule of Evidence 702; reliability of expert testimony; no plain error | |
| State v. Ledbetter (19-1155 - Unpublished)
termination of sex offender registration | |
| State v. Morrow (20-401 - Unpublished)
probable cause, DWI, impaired, HGN Test, breath test, motion to suppress, totality of the circumstances | |
| State v. Powell (20-135 - Unpublished)
certiorari, attorney?s fees, restitution order, opportunity to be heard | |
| State v. Takiea Nicole Tull (20-787 - Unpublished)
no violation of the right to confrontation occurred during probation violation proceeding; ineffective assistance of counsel claim failed where there was no showing that counsel's performance was deficient; trial court did not abuse its discretion in finding that the defendant willfully failed to pay monies owed as a condition of probation | |
| State v. Torrey Jermaine Grady (20-355 - Unpublished)
Relevance, undue prejudice, substantially outweighed, improper closing statement, caretaker abuse, manipulation by defendant | |
| State v. Vann (20-182 - Unpublished)
first-degree murder, gun, self-defense, defense of another, verbal threats, character evidence, excluded evidence | |
| State v. Williams (20-713 - Unpublished)
Waiver of right to assistance counsel; N.C. Gen. Stat. ?? 15A-942, 15A-1242; and new trial | |
| Warner v. Sullivan (20-625 - Unpublished)
Attorney?s fees, attorney charging lien, contingent fee agreement, contingency, levy, liens, personal property, priority | |
| William Matthew Wilson v. Queen City Jump, LLC. (20-479 - Unpublished)
Interlocutory appeal; substantial right; immunity from suit; release from liability, risk of inconsistent verdicts |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 52 PETITIONS AND 169 MOTIONS.
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Filed: 6 July 2021 Mandate: 26 July 2021 Zip File of Published Opinions Case Title / Description | |
| Anton v. Anton (20-655 - Published)
summary judgment, claim of undue influence over settlor of trust, abandonment of issues on appeal | |
| Barrow v. Sargent (20-497 - Published)
denial of request for special jury instruction proper; jury instructions concerning motor vehicle negligence; no abuse of discretion where trial court required admission of additional deposition excerpts pursuant to N.C. Gen. Stat. § 1A-1, Rule 32(a)(5). | |
| Henderson v. Wittig (20-924 - Published)
Modification of child custody, circumstances existing at the time of initial custody order, substantial change of circumstances, effect on the minor child, and findings of fact. | |
| In re: B.H. (21-27 - Published)
Permanency planning order; appointment as guardians; N.C. Gen. Stat. § 7B-600(c) (2019); N.C. Gen. Stat. § 7B-906.1(j) (2019); understanding of legal significance; collective understanding; sufficiency of findings | |
| In re: J.D.F. (20-371) - [Withdrawn by order of the Court] Juvenile interrogation, custodial interrogation, suppression hearing, and findings of fact | |
| In re: H.P., I.S., J.S. (20-876 - Published)
competent evidence; neglect; dependency; adjudication; findings of fact | |
| McElhaney v. Orsbon & Fenninger, LLP (20-561 - Published)
appeal of order denying summary judgment on election of remedies defense dismissed as interlocutory; interlocutory order denying summary judgment on collateral estoppel defense affected a substantial right and was immediately appealable; collateral estoppel did not bar plaintiffs? claims where defendants failed to show that the issue was actually and necessarily decided in the preceding action. | |
| Mobile Imaging Partners of N.C., LLC v. N.C. Dep't of Health & Hum. Servs. (20-605 - Published)
State Medical Facilities Plan; Certificate of Need Act; Administrative Law Judge; whole record test; agency deference; NCGS sections 131E-175, -176(16)(f1)(8), - 177(4); -183(a)(1), & -188(b); NCGS sections 150B-2(8a)(k), -51. | |
| Pedlow v. Kornegay (20-747 - Published)
Promissory note and statute of limitations accrual | |
| State v. Lowery (20-528 - Published)
Excited Utterance; Lay Opinion | |
| State v. Barnes (20-597 - Published)
lifetime satellite-based monitoring; petition for writ of certiorari; Rule 2 | |
| State v. Hills (20-9 - Published)
Impermissible opinion, Facial validity of indictment, Essential elements of crime charged | |
| State v. Beck (20-499 - Published)
issues are whether trial court erred by failing to dismiss one of two conspiracy charges involving the same criminal plot and whether the court abused its discretion by failing to provide the jury with a copy of the transcript of a trial witness | |
| State v. Gibson (20-644 - Published)
trial court did not err in denying motion to dismiss where driver's license and social security card were competent evidence of defendant's identity; no notice an opportunity to be heard on the issue of attorney's fees is required when payment is required as a condition of probation under State v. Friend | |
| State v. Brantley-Phillips (20-608 - Published)
Obtaining Property by False Pretense; Sufficiency of Evidence; Fatal Variance of Jury Instructions | |
| State v. Gonzalez (20-390 - Published)
Subpoena, telephone service, failure to appear, show cause hearing, and criminal contempt | |
| State v. Medlin (20-563 - Published)
Felony obtaining property by false pretenses; special conditions of probation, NCGS 15A-1343(b1); conditions related to offense; child visitation; abuse of discretion. | |
| State v. Billings (20-550 - Published)
satellite-based monitoring; relief under Grady III; subject-matter jurisdiction | |
| State v. Scott (19-250-2 - Published)
(View Supreme Court Opinion) Second-degree murder; blood evidence of BAC; remand; Fourth Amendment search and seizure; harmless beyond a reasonable doubt. | |
| State v. Logan (20-650 - Published)
Motion to suppress; unreasonable search and seizure; probable cause; four corners of search warrant affidavit; nexus between location and illegal activity at the time warrant was executed | |
| Wells Fargo Bank, N.A. v. Orsbon & Fenninger, LLP (20-560 - Published)
appeal of order denying summary judgment on election of remedies defense dismissed as interlocutory; interlocutory order denying summary judgment on collateral estoppel defense affected a substantial right and was immediately appealable; collateral estoppel did not bar plaintiffs? claims where defendants failed to show that the issue was actually and necessarily decided in the preceding action. | |
| Unpublished Opinions 6 July 2021 - Rule 30e - Zip File of Unpublished Opinions Mandate: 26 July 2021 | |
| Cincinnati Ins. Co., As Subrogee of Van S. reed, Jr. and
Susan Reed v. Morgan Bridges Car (20-537 - Unpublished)
defendant's actions were not a proximate cause of injuries; no error in granting summary judgment when there was no material issue of fact as to proximate cause | |
| Clemons v. Clemons (20-762 - Unpublished)
Equitable distribution; insufficient findings of fact to support unequal distribution; trial court must find that equal distribution is not equitable before ordering unequal distribution | |
| Cristian Ferrera v. Brian V. Robbins, M.D. (20-339 - Unpublished)
Rule 12(b)(6), motion to dismiss, mental disorder, involuntary commitment, ordinary negligence, gross negligence, qualified immunity, professional judgment, release, kill | |
| In Re B.A.M.A. (21-176 - Unpublished)
NCGS 7B-911; Subject-matter jurisdiction | |
| In Re D.K. (20-270 - Unpublished)
DSS, department of social services, juvenile, delinquent, adjudication, disposition, risk assessment, mental health, needs assessment, mental health services director, developmental disability, referral, PTSD, statutory mandate | |
| In re ER, LR (21-1 - Unpublished)
appeal of unamended permanency planning order was properly before the Court despite the trial court's entry of an amended order on the same day appeal was noticed from unamended order; trial court order ceasing reunification efforts contained sufficient findings; denying visitation to respondent-mother did not constitute an abused of discretion | |
| In Re J.U. (20-812 - Unpublished)
Juvenile Delinquency; Fatal Defect; Ineffective Assistance of Counsel; Concession of Guilt | |
| In re V.A.M., Jr. (20-826 - Unpublished)
constitutional procedural due process argument dismissed for failure to preserve, N.C. R. App. P. 10(a); challenges to permanency planning order dismissed as moot. | |
| In Re: D.A., C.N.A., & T.A. (20-878 - Unpublished)
adjudication of neglect; North Carolina General Statutes Section 7B-101(15); children placed in WCHS custody; impairment or substantial risk of impairment at the time of adjudication; voluntary safety plan; clear, cogent, and convincing evidence; trial court's findings of fact support its conclusion of law | |
| JMS Roofing & Sheet Metal, Inc. v. Sullivan Square, Inc. (20-374 - Unpublished)
Denial of motion to set aside entry of default; abuse of discretion standard; findings of fact required for award of attorneys' fees under Section 44A-35 | |
| State of N. Carolina v. Claude Mordecia Stevens (20-421 - Unpublished)
Motion to Dismiss; Sufficiency of the Evidence; Rule 404(b); Rule 403 | |
| State of N. Carolina v. Kendrick Allen Brown (20-501 - Unpublished)
Challenge to denials of motions to suppress; petition for a writ of certiorari; argument raised on appeal different from basis for motions in trial court; appellate argument not preserved | |
| State v. Allen (18-1150-2 - Unpublished)
motion to dismiss for insufficient evidence of defendant as perpetrator; viewing evidence in the light most favorable to the State; testimony of identity | |
| State v. Bailey (20-658 - Unpublished)
Misdemeanor assault; unlawful seizure without a warrant; motion to dismiss for insufficient evidence-probable cause; misdemeanor committed outside the presence of an officer. | |
| State v. David Anthony Harris (20-735 - Unpublished)
Drug trafficking, ineffective assistance of counsel, Franks v. Delaware hearing, right to speedy appeal, prejudice, concurrent sentences. | |
| State v. Donald Lee Frye (20-705 - Unpublished)
issues are whether court committed plain error by failing to inform jury of its decision to sustain objection and whether court abused its discretion by admitting alleged inflammatory evidence | |
| STATE v. GEORGE FREEMAN (20-530 - Unpublished)
kidnapping; restraint for the purpose of inflicting serious bodily harm; sufficiency of the evidence. | |
| State v. Ivan Salazar (20-593 - Unpublished)
Motion to Continue; Forensic Reports; Confrontation Clause | |
| State v. Kearney (20-486 - Unpublished)
Preservation, jury instructions, and self-defense | |
| State v. Kenneth Laurell Barr (20-754 - Unpublished)
Anders review; guilty plea | |
| State v. Miles (20-118 - Unpublished)
malicious conduct by prisoner; ineffective assistance of counsel; plain error; lay-opinion testimony; motion to sequester witnesses; calculation of prior record level | |
| State v. Moore (20-53 - Unpublished)
First-degree murder; Evidence Rule 702; fingerprint testimony; right to public trial; preserved objections. | |
| State v. Roger Timothy Best (20-543 - Unpublished)
Motion for Mistrial; Juror Misconduct | |
| State v. Shook (20-887 - Unpublished)
Waiver of counsel; NCGS 15A-1242 | |
| Van Kampen v. Garcia (20-439 - Unpublished)
professional responsibility; disqualification of counsel based on conflicts of interest between former counsel and counsel associated in practice with former counsel; conflict imputation to lawyers associated in practice; Rules 1.6, 1.9, and 1.10 of the North Carolina Rules of Professional Conduct; no appeal of right exists from the denial of a motion to disqualify opposing counsel; trial court did not err, much less abuse its discretion, in denying motion to disqualify based on imputed conflict between former counsel in the same case who became associated in practice with opposing counsel after representation was terminated | |
| Welch v. Welch (20-535 - Unpublished)
Civil contempt; Rule 70 motion |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 52 PETITIONS AND 169 MOTIONS.
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|
Filed: 15 June 2021 Mandate: 6 July 2021 Zip File of Published Opinions Case Title / Description | |
| Benigno v. Sumner Constr., Inc. (20-321 - Published)
Judgment on the pleadings; statute of limitations; latent defect. | |
| Cline v. James Bane Home Bldg., LLC (20-422 - Published)
Summary judgment; governmental immunity; public official?s immunity. | |
| In re: K.N.H. (20-299 - Published)
Juvenile proceeding; disposition and commitment order; oral condition of probation; N.C. Gen. Stat. ? 7B-2512(a); oral order of disposition; duration of commitment; N.C. Gen. Stat. ? 7B-2513(a4); mootness; prejudicial error | |
| In re: K.P. (20-797 - Published)
issues are whether district court erred by eliminating reunification, verifying that custodians understood legal significance of the juvenile's placement, and ceasing further reviews | |
| Kincheloe v. Kincheloe (20-34 - Published)
Deviation from Guidelines; Arrears determination; Insufficient Findings of Fact | |
| Meabon v. Elliott (20-559 - Published)
Alias and pluries summons; delayed service for years; Rule 41(b) dismissal; Wilder v. Wilder factors; prejudice to defendants. | |
| State v. Atwell (20-496 - Published)
domestic violence protective order, indictment validity, forfeiture of right to counsel, N.C.G.S. 15A-1242 | |
| State v. Crawford (20-180 - Published)
Motion to withdraw guilty plea; factual basis; appellate jurisdiction. | |
| State v. Ward (20-552 - Published)
Probation revocation; Subject-matter jurisdiction; NCGS 15A-1344 | |
| State v. Gordon (20-461 - Published)
Allen charge; N.C. Gen. Stat. § 15A-1235; jury instructions on further deliberations; statutory right to effective counsel in SBM proceedings | |
| Warren Cty. DSS v. Garrelts (20-868 - Published)
parentage; paternity; assisted reproduction; child support obligation of sperm donor; choice of law; full faith and credit clause; trial court erred in concluding that full faith and credit dictated that North Carolina law applied to claim for child support; North Carolina choice of law rules require that North Carolina court apply Virginia's law of parentage to determine whether sperm donor owes child support to the donee where the insemination and conception occurred in Virginia | |
| Unpublished Opinions 15 June 2021 - Rule 30e - Zip File of Unpublished Opinions Mandate: 6 July 2021 | |
| Belcher v. NC Dep't of Pub. Safety (20-562 - Unpublished)
Reverse and remand ALJ decision Respondent North Carolina Highway Patrol had just cause to terminate Petitioner Trooper for alleged violations of Respondent's policy; analysis of Wetherington factors under Warren framework. | |
| Branch Banking & Tr. Co. v. GPAR, FF, LLC et. al (20-707 - Unpublished)
deed of trust reformation, motion for summary judgment, motion to intervene, Statute of Frauds | |
| In re A.C. (20-508) - [Withdrawn by order of the Court] | |
| In re L.M., T.M. (20-516 - Unpublished)
Adjudication order; neglect; findings of fact domestic violence; substantial risk of harm | |
| In re. J.F., J.F. (20-231 - Unpublished)
Juvenile; permanency planning order; statutory findings; grant of guardianship | |
| Joseph Hewett vs Carolina Tractor/Liftone (20-659 - Unpublished)
Industrial Commission, motion for summary judgment, interlocutory appeal. | |
| Michael Azevedo v. Onslow Cnty. DSS (20-526 - Unpublished)
responsible individuals list; child abuse; sufficient findings of fact | |
| Schaeffer v. Singlecare Holdings, LLC (20-427 - Unpublished)
Choice of law, contract, nonresident defendant, personal jurisdiction, remote work, specific jurisdiction, telework | |
| State of N. Carolina v. Tameika Rose Douglas (20-214 - Unpublished)
issue is whether the trial court erred in sentencing juvenile defendant to LWOP and whether the sentence was constitutional | |
| State of N. Carolina v. Terry Louis Little (20-690 - Unpublished)
Motion to suppress; order entered out of term | |
| State v. David Carl S.ern (20-433 - Unpublished)
issues include whether trial court committed plain error by failing to strike inadmissible polygraph testimony or give a curative instruction directing jury to disregard the same, or both; and whether defendant was denied effective assistance of counsel | |
| State v. DeMorris Van Cathcart II (20-872 - Unpublished)
sufficiency of indictment to confer subject-matter jurisdiction on trial court; using initials to name victim in indictment charging sex offense; motion for appropriate relief | |
| State v. Kenneth Earl Byrd (20-361 - Unpublished)
post-conviction DNA testing; N.C. Gen. Stat. § 15A-269(c) | |
| State v. Lonnell Williams (20-432 - Unpublished)
Plea colloquy; probationary status; and N.C. Gen. Stat. § 15A-1022.1(e). | |
| State v. Tillman (20-734 - Unpublished)
Modification of probation; special conditions of probation; Anders brief; dismiss. | |
| State v. Tirado (20-213 - Unpublished)
issues include whether trial court's findings of fact are supported by competent evidence; whether the court properly weighed mitigating evidence; whether the court applied the correct legal standard in imposing two consecutive LWOP sentences; and whether said sentences are constitutional | |
| Stephen Lawing v. Chadwick Miller (20-492 - Unpublished)
attorney?s fees; N.C. Gen. Stat. § 75-16.1 | |
| Wilson v. Sweely (20-682 - Unpublished)
standing of relative to seek child custody; trial court erred in granting motion to dismiss for lack of standing under Rule 12(b)(6) where allegations in complaint and evidence submitted in support thereof showed that parents were unfit and had acted inconsistently with their constitutionally protected status as parents |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 52 PETITIONS AND 169 MOTIONS.
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Filed: 1 June 2021 Mandate: 21 June 2021 Zip File of Published Opinions Case Title / Description | |
| Craven Cty. v. Hageb (20-442 - Published)
child support; insufficient findings of fact; computation of gross income; credit for biological child | |
| Fazzari v. New Hanover Reg'l Med. Ctr. (20-473 - Published)
trial court properly granted all defendants? motions to exclude plaintiffs? sole standard-of-care expert witness and motions to dismiss pursuant to Rule 9(j) and for summary judgment | |
| In re: K.M. (20-879 - Published)
temporary suspension of supervised visitation; COVID-19; costs of visitation | |
| NC Farm Bureau Mut. Ins. Co., Inc. v. Lanier L. Grp., P.A. (19-926 - Published)
Declaratory judgment by insurer; personal injury lawsuits; duty to defend; US Driver's Privacy Projection Act; construing insurance policies; defined terms; plain meaning. | |
| Richardson v. The Goodyear Tire & Rubber Co. (20-745 - Published)
Worker's Compensation; NCGS 97-25(f); NCGS 97-2(19); NCGS 97-88.1; frivolous appeal; medical compensation; attorney's fees; abuse of discretion; cross appeal. | |
| State v. Lance (20-273 - Published)
Arson; motion to dismiss; application of requirement that defendant burned the dwelling house of another where other inhabitant was co-conspirator in arson plan; admission of expert testimony on fire investigation and cause of fire; Rule 702 reliability determination; jury instructions on insurance fraud; plain error; sufficiency of evidence to support restitution | |
| State v. Gibson (20-575 - Published)
insufficient evidence of every essential element for the offense of breaking or entering a motor vehicle | |
| State v. McKoy (20-452 - Published)
Admissibility of lay witness identifications, Rule of Evidence 701; sufficient evidence of felony larceny; restitution, N.C. Gen. Stat. ? 15A-1340.34, N.C. Gen. Stat. ? 1340.36, review of ability to pay prior to ordering restitution. | |
| Unpublished Opinions 1 June 2021 - Rule 30e - Zip File of Unpublished Opinions Mandate: 21 June 2021 | |
| Ascendum Mach., Inc. v. Kalebich (20-579 - Unpublished)
grant of motion to dismiss was not error where defendant did not sign contract in an individual capacity; trial court's failure to rule on motion to amend or alter judgment was not preserved for appellate review | |
| Cheek-Tarouilly v. Stanhiser (20-150 - Unpublished)
Domestic violence protective order, personal relationship, judicial admission, illustrative evidence, prejudice. | |
| Deborah Lee French-Davis v. The Shops At Cameron Place, LLC (20-664 - Unpublished)
motion for summary judgment, premises liability | |
| Fam. Innovations, LLC v. Cardinal Innovations Healthcare Solutions (20-681 - Unpublished)
healthcare, managed care organization, local management entity, Medicaid, health care provider, contract, administrative law, summary judgment, services, utilization review | |
| In Re A.L.P. (20-629 - Unpublished)
Juvenile delinquency; adjudication and disposition; NCGS 2405(4) privilege against self-incrimination; required findings of fact. | |
| In re N.B., H.B., & L.B. (21-38 - Unpublished)
Disposition order; guardianship; abuse of discretion; nonrelative placement; kinship placement; nonsecure custody | |
| In re N.C. (21-54 - Unpublished)
neglect adjudication of newborn; sufficiency of the evidence to support findings of fact; sufficiency of findings to support conclusions of law | |
| In Re N.L.G. (21-56 - Unpublished)
? juvenile adjudicated delinquent ? trial court failed to address mandated inquiries before accepting juvenile's admission pursuant to N.C. Gen. Stat. § 7B-2407(a) (2019) ? reversed and remanded | |
| In re W.A. (20-808 - Unpublished)
unchallenged findings of fact supported conclusions of law; no abuse of discretion when ceasing reunification efforts with Respondent-Father | |
| Pistone v. Helberg (20-484 - Unpublished)
Child support; interlocutory appeal from discovery sanctions; lack of appellate jurisdiction | |
| Postal v. Kayser (20-623 - Unpublished)
Challenge to decades-old covenants in residential subdivision; Real Property Marketable Title Act; exception for covenants that are part of a scheme of development and that restrict the property to residential use only, or more narrowly to multi-family or single-family residential use only; statutory construction | |
| Radcliffe v. Avenel Homeowners Ass'n, Inc. (20-123 - Unpublished)
Tortious interference with prospective economic advantage; summary judgment; Rules of Appellate Procedure; substantial and gross violations. | |
| Richard Bradley v. City of Fayetteville (20-525 - Unpublished)
Governmental immunity, process, service of process, discontinuance, unnamed parties, motion to dismiss | |
| Solomon v. Cundiff (20-489 - Unpublished)
right to elective share determination proper by clerk of superior court | |
| State of N. Carolina v. Joshua Blake Taylor (20-509 - Unpublished)
Sexual exploitation of a minor; statutory sex offense; lifetime SBM; writ of certiorari; Rule 2; NCGS 7A-451(a)(18); ineffective assistance of counsel. | |
| State of N. Carolina v. Marica Finney (20-354 - Unpublished)
DWI, Motion to Suppress; Probable Cause | |
| State v. Antenio Williams (20-424 - Unpublished)
Rule 702 of evidence; Review for plain error; Abuse of discretion; Petition for Writ of Certiorari | |
| State v. Dillard (20-631 - Unpublished)
motion to suppress; probable cause; staleness of information in affidavit; trafficking | |
| State v. Floyd (20-454 - Unpublished)
jury instructions; lesser-included offense; involuntary manslaughter | |
| State v. Jose Milton (20-414 - Unpublished)
Cyberstalking; plain error; challenge to admission of evidence excluded by prior ruling on motion in limine; unpreserved challenge to prosecutor's statements during jury selection | |
| State v. Keon LaShawn Phifer (20-630 - Unpublished)
motion to suppress, petition for writ of certiorari, Fourth Amendment search | |
| State v. McKoy (20-582 - Unpublished)
? Motions to dismiss ? First-degree murder; robbery with a dangerous weapon; discharging a firearm within city limits in violation of local ordinance ? Conflicting evidence of self-defense ? Substantial evidence of premeditation and deliberation ? Taking of weapon and murder were so linked in time to constitute a continuous transaction ? Failure to introduce city ordinance in evidence | |
| State v. O'Neal (20-375 - Unpublished)
no abuse of discretion where trial court refused to admit evidence of the victim's mental illness because prosecution witness's testimony about victim's mental health was summary and did not open the door to an entirely new line of inquiry on the subject | |
| State v. Preston Spencer Alexander (20-315 - Unpublished)
Kidnapping; sufficient evidence of separate confinement or restraint apart from that inherent in underlying assaults; sufficient evidence of each alternative theory of purpose for kidnapping; challenge to instruction that knife was deadly weapon as matter of law; requirement that evidentiary challenges show prejudice | |
| State v. Ramirez (20-504 - Unpublished)
Bail forfeiture; voluntary dismissal; sanctions; Rule 41 | |
| Williams. v. Reardon. (20-450 - Unpublished)
Challenge to decades-old covenants in residential subdivision; Real Property Marketable Title Act; exception for covenants that are part of a scheme of development and that restrict the property to residential use only, or more narrowly to multi-family or single-family residential use only; statutory construction |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 52 PETITIONS AND 169 MOTIONS.
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|
Filed: 18 May 2021 Mandate: 7 June 2021 Zip File of Published Opinions Case Title / Description | |
| Belmont Ass'n, Inc. v. Farwig (20-350 - Published)
N.C. Gen. Stat. § 22B-20; restrictive covenant; summary judgment; statutory interpretation. | |
| Benson v. Prevost (19-962-2 - Published)
easement, map, driveway, boat, deed, parking, conveying, conveyance, depicted, recorded, slips, ingress, parties, egress, attorney's fees, easement rights, reasonable use, trial court, interfere, rights, gate, summary judgment, right to use, purchaser, adjacent, appears, feet | |
| C Invs. 2, LLC v. Auger (19-976 - Published)
Challenge to decades-old covenants in residential subdivision; Real Property Marketable Title Act; exception for covenants that are part of a scheme of development and that restrict the property to residential use only, or more narrowly to multi-family or single-family residential use only; statutory construction | |
| DiPrima v. Vann (20-545 - Published)
trial court erred by (1) failing to make findings of defendant's intent before entering no-contact order; (2) considering conduct that did not occur in NC; and (3) basing its order on incidents when defendant was not sixteen years of age | |
| Exec. Off. Park of Durham Ass'n, Inc. v. Rock (20-405 - Published)
Non-judicial power of sale foreclosure; order of sale; redemption payment; fees, fines and interest; NC Unit Ownership Act NCGS sec. 47A; NC Condominium Act NCGS sec. 47C. | |
| Miller v. Carolina Coast Emer. Physicians, LLC (20-399 - Published)
Time for filing cross-appeals under Rule of Appellate Procedure 3(c)(3); Motions to Tax Costs and General Appearances; Relation back of defenses; Rule 9(j) Motions to Dismiss; Exclusion of Medical Malpractice Experts under Rule of Evidence 702 and N.C. Gen. Stat. 90-21.12; Summary Judgment | |
| Murray v. Deerfield Mobile Home Park (20-382 - Published)
Summary judgment; motion to amend counterclaims; severability of land sales contract; option contract; consideration; specified date; statute of frauds; marital interest. | |
| State v. Spinks (20-541 - Published)
constitutional right to a speedy trial; mistrial based on juror misconduct; statutory right to effective counsel in SBM proceedings | |
| State v. McSwain (20-343 - Published)
Motion to dismiss; sufficiency of the evidence; forgery of a check; uttering a false check; falsity element; authority to sign; illustrative evidence | |
| State v. Parker (20-291 - Published)
probable cause supported officer's search of vehicle where officer smelled what he believed was marijuana and passenger admitted smoking marijuana recently and produced marijuana from his person; there was no error in jury instructions stating that Cyclopropylfentanyl and N-ethylpentylone were controlled substances where evidence was contradicted that substances were chemical analogues or derivatives of listed controlled substances | |
| State v. Garrett (20-326 - Published)
indictment alleging possession and transportation of Fentanyl alleged possession and transportation of opiate qualifying as a schedule II controlled substance; no plain error existed where trial court communicated the essence of the deadlocked jury instructions but did not recite statutory language verbatim | |
| State v. Mack (20-241 - Published)
Rule 404(b); Plain error; Sexually violent offenses; SBM | |
| State v. Washington (20-199 - Published)
Rules 401, 404(b); trial court did not err | |
| Unpublished Opinions 18 May 2021 - Rule 30e - Zip File of Unpublished Opinions Mandate: 7 June 2021 | |
| In re J.C. (20-345 - Unpublished)
trial court's inquiry into potentially incompetent parent's need for a guardian ad litem; waiver of constitutionally protected parental status issue on appeal; necessary findings regarding supervised visitation costs. | |
| Roderick Miles v. Nanotex, Inc. and Travelers Prop. Cas.
Co. of Am. (20-634 - Unpublished)
Workers compensation; res judicata; occupational disease. | |
| State of N. Carolina v. Willie Brook (20-463 - Unpublished)
no error in trial court's denial of defendant's post-sentencing motion to withdraw Alford plea; manifest injustice standard | |
| State v. Bell (19-953 - Unpublished)
jury instructions | |
| State v. Calloway (20-312 - Unpublished)
Attorney fees, State v. Friend, notice and opportunity to be heard, motion to dismiss, possession of a firearm by a felon, circumstantial evidence. | |
| State v. Jumper (20-400 - Unpublished)
Second degree murder; imperfect self defense; jury instructions; plain error review; aggressor; provocation; withdrawal from a fight. | |
| State v. Kevin Bennet Chaudoin (20-340 - Unpublished)
ineffective assistance of counsel; Harbison; petition for writ of certiorari; Rule 2; satellite-based monitoring; duplicative court costs | |
| State v. Morrow (20-679 - Unpublished)
driving while impaired, speeding, resisting public officer, felony eluding arrest, right to counsel, forfeiture, counsel, colloquy | |
| State v. Rivera (20-381 - Unpublished)
Certiorari; Plain error; Motions to Dismiss for Insufficient Evidence | |
| Stephen W. Waugh. v. States Res.s Corp.. (20-372 - Unpublished)
Interlocutory, res judicata, collateral estoppel, substantive right, foreclosure order, consent order, actually litigated | |
| Zhang v. Pearce (20-770 - Unpublished)
Pro se appeal; Rules of Appellate Procedure; gross and substantial violations. |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 52 PETITIONS AND 169 MOTIONS.
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|
Filed: 4 May 2021 Mandate: 24 May 2021 Zip File of Published Opinions Case Title / Description | |
| Culbreth v. Manning (20-368 - Published)
Rule 53; Referee's report; De novo review | |
| State v. Sechrest (20-256 - Published)
indecent liberties with a child, facially valid indictment with minor?s initials, vouching. | |
| State v. Crudup (20-20 - Published)
Felony larceny; felony breaking and entering; habitual felon; waiver of counsel; abuse of discretion; refusal to participate in trial; standby counsel. | |
| State v. Daw (20-680 - Published)
habeas corpus; petitioner failed to make threshold showing that an act, omission, or event had occurred entitling him to be discharged | |
| State v. Doisey (20-332 - Published)
Constitutional right to counsel; waiver; resentencing; motion for appropriate relief | |
| State v. Ezzell (20-50 - Published)
N.C. Gen. Stat. ? 8C-1, Rule 104; N.C. Gen. Stat. ? 8C-1, Rule 1101; N.C. Gen. Stat. ? 8C-1, Rule 702; applicability of rules of evidence to suppression hearings; probable cause of driving while impaired | |
| State v. Flow (20-534 - Published)
First-degree sexual offense; first-degree rape; DVPO with a firearm; voluntary absence from trial; competency; unanimous jury verdict. | |
| State v. Hensley (20-330 - Published)
indecent liberties with a minor; no error when trial court failed to intervene ex mero motu during closing argument; closing argument remarks not grossly improper | |
| State v. Watson (20-147 - Published)
felony murder; statutory rape; inconsistent verdicts | |
| State v. Hendricks (20-718 - Published)
Subject-Matter Jurisdiction; Revocation of Special Probation | |
| Town of Apex v. Rubin (20-304 - Published)
Condemnation; injunctive relief; trespass | |
| Town of Apex v. Rubin (20-305 - Published)
Declaratory Action; preliminary injunction; condemnation | |
| Unpublished Opinions 4 May 2021 - Rule 30e - Zip File of Unpublished Opinions Mandate: 24 May 2021 | |
| Baldwin v. James (20-307 - Unpublished)
child custody; trial court did not err in awarding father primary physical and joint legal custody of child | |
| Gray v. Holiday (20-425 - Unpublished)
Custody; grandparents; reliance on DVPO; standard of proof | |
| House v. Rice (20-430 - Unpublished)
operative words of conveyance; deed; intent of the grantor | |
| In re E.Y.B. & G.E.E.B. (20-576 - Unpublished)
abuse, neglect, and dependency; trial court did not abuse its discretion denying motion for continuance; order awarding custody of minors to legal father contained necessary findings; waiver of further reviews was not error; and there was no abuse of discretion in refusing biological father visitation | |
| In re J.P., Jr. (20-771 - Unpublished)
Neglect; findings of fact; constitutionally-protected parental status; adjudication order; dispositional order; custody granted to a non-parent; improper application of best interest analysis | |
| In re M.Y., N.Y., K.E. & A.E. (20-848 - Unpublished)
waiver of right to counsel; supervised visitation; delegation of judicial function; costs of visitation | |
| Maxwell v. Maxwell (20-161 - Unpublished)
Civil contempt; motion to show cause; issue preclusion | |
| Ronald Bradley v. Lorraine Tapia (20-453 - Unpublished)
summary ejectment; trial court did not err by concluding that insufficient evidence supported defendant's claim that she was plaintiff's partner; supported factual findings supported relevant legal conclusions | |
| State of N. Carolina v. Robert Lee Inman, Jr. (20-652 - Unpublished)
Anders brief; independent review revealed no error in trial for possession of methamphetamine and drug paraphernalia | |
| State v. Christopher (19-1009 - Unpublished)
Conspiracy to commit burglary, at night element, motion to dismiss | |
| State v. Harrison (20-327 - Unpublished)
Probable Cause, Motion to Suppress, Search Incident to Arrest, Warrantless Search, Ineffective Assistance of Counsel | |
| State v. Hood (19-1136 - Unpublished)
Jury Instruction, Instruction on Flight; Prejudicial Error | |
| State v. James Edward Watkins, Jr. (20-397 - Unpublished)
plain error; assault with a deadly weapon; jury instructions; lesser-included offense | |
| State v. Killian (20-163 - Unpublished)
Retention of evidence; Materiality, Due process, Homicide, Attempted first-degree murder. | |
| State v. Lewis (20-641 - Unpublished)
State presented evidence sufficient for trial court's denial Defendant's motion to dismiss charges of child abuse by inflicting serious bodily injury and serious physical injury under N.C. Gen. Stat. § 14-318.4(a) (2019) and N.C. Gen. Stat. § 14-318.4(a3) (2019). | |
| State v. Mark Thomas Boger (20-393 - Unpublished)
Criminal contempt, summary proceedings | |
| State v. Pittman (19-781 - Unpublished)
Constitutional right to counsel,waiver of assigned counsel | |
| State v. Vincent King (20-554 - Unpublished)
Appellate Rules Violations, Rule 4, Rule 9, Rule 21; Jurisdiction; Attorney Fees Civil penalty; Assault Inflicting Serious Bodily Injury; Domestic Violence | |
| White v. AllState Ins. Co. (20-483 - Unpublished)
unfair and deceptive practices; admission of untimely affidavit was not abuse of discretion; pre-suit release did not bar claims against non-party; fact issue existed as to when statute of limitations period on unfair and deceptive practices claim began to run; summary judgment was improper where evidence was sufficient to support claim for unfair and deceptive practices |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 52 PETITIONS AND 169 MOTIONS.
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|
Filed: 20 April 2021 Mandate: 10 May 2021 Zip File of Published Opinions Case Title / Description | |
| Fecteau v. Spierer (20-532 - Published)
Child custody proceeding; consent order; substantial change in circumstances; absence of findings in initial order; findings of fact; conclusions of law; sufficiency of the evidence; N.C. Gen. Stat. § 50-13.7(a) | |
| In re: Unifi Mfg., Inc. (20-300 - Published)
N.C. Gen. Stat. 105-283 true value, ad valorem property tax valuation | |
| In re: L.G.A. (20-148 - Published)
motion to continue, custody, cost and ability to pay for professional supervision | |
| In re: D.A.H. (20-212 - Published)
juvenile delinquency; Fifth Amendment protection against self-incrimination at the schoolhouse; Miranda warnings required when juveniles subjected to custodial interrogation at school; trial court erred in denying juvenile's motion to suppress statements made during custodial interrogation at school where no Miranda warnings were given | |
| In re: E.W.P. (20-181 - Published)
Trial court?s jurisdiction over NGRI defendant was proper based on the plain language of N.C. Gen. Stat. § 122C-62; physician not entitled to expand parameters of trial court's order | |
| In re: W.M.C.M. (20-164 - Published)
Juvenile delinquency; escalating conduct; acceptance of plea; abuse of discretion; commitment to YDC; NCGS 7B-2407; NCGS 7B-2411. | |
| Core v. NC Div. of Parks & Recreation (20-249 - Published)
Hidden Danger; Contributory Negligence; Negligence; Competent Evidence | |
| State v. Helms (20-295 - Published)
Defendant's indictment was facially valid. | |
| State v. Womble (20-364 - Published)
First-degree murder; innocence commission; Law of the Land clause; Due Process; Fourth Amendment; blood draw; DNA sample; ineffective assistance of counsel; inevitable discover; fruit of poisonous tree; coercion. | |
| State v. Carver (19-1055 - Published)
State's appeal from order allowing defendant's motion for appropriate relief; appellate jurisdiction; State's right to appeal grant of new trial based on ineffective assistance of counsel claim | |
| State v. Myrick (20-689 - Published)
Capacity, competency, due process, involuntary commitment, not guilty by reason of insanity, plea | |
| State v. Irvins (20-586 - Published)
Attempted larceny conviction not an eligible count of larceny to support an indictment for felony habitual larceny under N.C. Gen. Stat. § 14-72(b)(6) | |
| State v. Jackson (20-142 - Published)
Drug possession; sufficiency of evidence that seized item was controlled substance; authentication of controlled substance; possible contamination of substance; plain error; jury instructions on further deliberations; Allen charge | |
| State v. Posner (20-462 - Published)
Single taking rule; prior record level calculation; prior conviction for possession of marijuana drug paraphernalia; all elements of present offense in prior offense; arrest judgment and new sentencing hearing | |
| State v. Steele (20-171 - Published)
seizure under Fourth Amendment; defendant was seized under Fourth Amendment by officer's display of authority; traffic stop was not a voluntary encounter | |
| State v. Walton (20-211 - Published)
motion to suppress, motion to dismiss, reasonable suspicion, offer of proof, police dog reliability | |
| West v. Hoyle's Tire & Axle, LLC (20-470 - Published)
decedent-employee's workers' compensation benefits; marital status | |
| Unpublished Opinions 20 April 2021 - Rule 30e - Zip File of Unpublished Opinions Mandate: 10 May 2021 | |
| Alejandro Asbun v. N. Carolina Dep't of Health and Human Serv.s (20-346 - Unpublished)
appeal from final agency decision in the OAH dismissing petitioner's Whistleblower claim | |
| Cousin v. Cousin (19-1152 - Unpublished)
issues include whether court miscalculated defendant's income for computing child support and applied the wrong set of child support guidelines; and whether the court erred by entering an alimony award not based upon the income of the parties as of the date of the entry of the order | |
| In K.R., K.R., K.R. (20-507 - Unpublished)
Child custody, UCCJEA, jurisdiction to modify foreign custody determination, temporary emergency jurisdiction | |
| In Re S.M. (20-871 - Unpublished)
Juvenile disposition order; N.C. Gen. Stat. § 7B-2502(c); interdisciplinary evaluation | |
| Isak v. Williams (20-205 - Unpublished)
Jury instructions; negligence; sudden emergency doctrine | |
| Nichols v. NC Admin. Off. of the Courts (19-430 - Unpublished)
Tort Claims Act, Negligence, Judicial Immunity | |
| Robert R. Todd v. Donna Welling Todd (20-481 - Unpublished)
domestic violence protective order, findings of fact, conclusions of law, G.S. 50B-1(a) | |
| State of N. Carolina v. Kristy Brooks (20-420 - Unpublished)
felony obstruction of justice, jury instruction, plain error | |
| State of N. Carolina v. Rhasheem McMillian (20-251 - Unpublished)
Motion for Continuance; Attorney Fee's | |
| State v. Carver (19-555 - Unpublished)
Coercing a jury verdict; Plain Error | |
| State v. Christopher Dean Hall (20-331 - Unpublished)
motion to dismiss; plain error review; lay testimony; expert testimony; exhibit not in evidence | |
| State v. Coltrane (20-529 - Unpublished)
No plain error in trial court's admission of expert witness testimony; no plain error in trial court's allowing reference to drugs, cocaine, etc. based on visual observations of substances. | |
| State v. Elizabeth Ann Hernandez (20-510 - Unpublished)
motion to dismiss for insufficient evidence, jury instruction, driving while impaired | |
| State v. Garcia (20-380 - Unpublished)
subject-matter jurisdiction; ineffective assistance of counsel; improper opinion; witness vouching | |
| State v. Helton (20-252 - Unpublished)
issue is whether court erred by denying defendant's motion to dismiss the charge of notarizing a vehicle title without the principal present with the intent to commit fraud in violation of NCGS 10B-60(d); the crux is whether the State presented sufficient evidence to establish that defendant was a notary as plainly required under the aforesaid provision | |
| State v. Hewitt (17-1157-2 - Unpublished)
Batson challenge; Remand to the trial court for further findings in light of State v. Hobbs. | |
| State v. Holland (20-493 - Unpublished)
Coerced verdict, first-degree murder, N.C. Gen. Stat. § 15A-1235(c), right to unanimous jury verdict, statutory mandate, victim impact evidence | |
| State v. Huneycutt (20-500 - Unpublished)
Anonymous tip, investigatory stop, Fourth Amendment, hunting, motion to suppress, N.C. Gen. Stat. § 113-136, reasonable suspicion, search, seizure, Wildlife Resources Commission | |
| State v. James (20-73 - Unpublished)
plain error review; irrelevant evidence; failure to demonstrate prejudice | |
| State v. Jeffrey Braxton Broadway (20-318 - Unpublished)
Hearsay; exceptions; excited utterance; lack of spontaneity; motive to fabricate | |
| State v. Lee J. Burns (20-259 - Unpublished)
Motion to Suppress; Out-of-court identification; No error | |
| State v. McDougal (20-474 - Unpublished)
Writ of certiorari; notice of appeal; motion to dismiss; uttering a forged instrument; obtaining property by false pretenses; intent element; knowledge element; sufficiency of evidence; preservation of issues | |
| State v. Richmond (20-615 - Unpublished)
This Court cannot properly assess ineffective assistance of counsel issue on direct appeal. | |
| State v. Tommy Lovett (20-539 - Unpublished)
Motion to suppress; trafficking; possession; probable cause; affidavit; sufficient nexus | |
| Vonhall v. Vonhall (20-466 - Unpublished)
divorce; equitable distribution; division of property as marital or separate; Rule 52(b) motion for additional findings | |
| W.land Grp., Inc. v. Ascentium Capital, LLC (20-356 - Unpublished)
Summary judgment; guaranty contract; mutual mistake; parol evidence |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 52 PETITIONS AND 169 MOTIONS.
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|
Filed: 6 April 2021 Mandate: 26 April 2021 Zip File of Published Opinions Case Title / Description | |
| Lunsford v. Teasley (20-436 - Published)
Statute of limitations for voluntary dismissal, commencement of a civil action, Rule 3 North Carolina Rules of Civil Procedure, and issuance of a summons. | |
| Carolyn Louise Gunn Testamentary Tr. v. Bumgardner (20-308 - Published)
Content of permanent injunction order; Rule 65; interlocutory appeal; injunction pending appeal; Rule 62(c) | |
| Hovey v. Sand Dollar Shores Homeowner's Ass'n, Inc. (20-423 - Published)
Public Dedication; Declaratory Judgment; Summary Judgment | |
| In re: S.R.J.T. (20-29 - Published)
Adjudication, Disposition, Guardianship | |
| In re: J.M. & N.M. (20-677 - Published)
Permanency Planning Hearings; Reunification; Reasonable Efforts; Judicial Notice | |
| In re: S.D. (20-636 - Published)
Reunification; Permanency Planning Review Hearings; Constitutionally Protected Parental Status | |
| Jackson v. Home Depot U.S.A., Inc. (20-313 - Published)
arbitration; interlocutory appeal; third-party beneficiary of a contract; equitable estoppel; sufficient findings of fact; novation | |
| Woody v. Vickrey (20-337 - Published)
Interlocutory appeal; substantial rights; inconsistent verdicts; right to jury trial; N.C. Const., Art. I, § 25; quiet title; conversion; cancellation and rescission; mental incapacity; undue influence; critical preliminary issues; declaratory judgment; permanent injunction; partial summary judgment | |
| State v. Swain (20-232 - Published)
Motion to suppress, entry of a written order | |
| State v. Baldwin (20-17 - Published)
First-dgree murder, attempted first-degree murder; felony conspiracy to commit first degree murder; firing into an occupied operating vehicle; lying in wait; acting in concert; conspiracy. | |
| State v. Knight (20-403 - Published)
unilateral withdrawal of plea agreement by prosecutor; trial court erred by imposing sentence contrary to plea agreement where defendant performed under agreement; specific performance of plea agreement is appropriate remedy for breach of agreement by the state | |
| State v. Geter (20-706 - Published)
Probation revocation, good cause, N.C. Gen. Stat. § 15A-1344(f) | |
| State v. Kennedy (20-140 - Published)
Possession of a Firearm by a Felon; Constructive Possession; Motion to dismiss for insufficient evidence. | |
| State v. Waugh (20-191 - Published)
Rape of a child, indecent liberties with a child, and sexual offense with a child; admission of testimony that the minor child?s symptoms were consistent with sexual abuse; no plain error | |
| State v. Wynn (18-536-2 - Published)
possession of a firearm by a felon; constructive possession of a controlled substance | |
| Sullivan v. Pugh (20-351 - Published)
N.C. Gen. Stat. 1A-1, Rule 42(a); consolidation; consolidated for trial; no requirement to serve voluntary dismissal on a nonparty; voluntary dismissal deprived trial court of jurisdiction to enter further orders; | |
| Unpublished Opinions 6 April 2021 - Rule 30e - Zip File of Unpublished Opinions Mandate: 26 April 2021 | |
| Alba v. Blue Cross & Blue Shield of NC (20-512 - Unpublished)
motion to dismiss; health insurance; wrongful death; negligence; duty of due care | |
| Bost Realty Co., Inc. v. City of Concord (19-309-2 - Unpublished)
| |
| Czech v. Cole (19-1165 - Unpublished)
Summary judgment; sale of real estate; fraud; negligent misrepresentation; negligence; disclosures; As Is clause | |
| In re K.S., K.N.S. (20-31 - Unpublished)
Ceasing reunification efforts, permanency planning, custody of juveniles. | |
| In re: B.M.P. (20-794 - Unpublished)
Anders brief in child neglect case; independent review of the record disclosed no prejudicial error | |
| Journey Capital, LLC v. City of Concord (19-310-2 - Unpublished)
| |
| Lewis v. Lawson (20-329 - Unpublished)
Interlocutory order, motion to dismiss, substantial right | |
| Metro Dev. Grp., LLC v. City of Concord (19-311-2 - Unpublished)
| |
| State of N. Carolina v. Reginald Malker (20-449 - Unpublished)
sufficiency of evidence of actual or constructive possession of firearm to submit charge of possession of firearm by felon to jury; evidence supported trial court's instructions on flight | |
| State v. Abel (20-174 - Unpublished)
Warrants; Probable Cause; Preservation; Confrontation Clause; Prejudicial Error; Jury Instruction; Improper Statements of Counsel | |
| State v. Corey Joseph Greenfield (20-360 - Unpublished)
Statutory Sexual Offense; Indictments; Verdicts | |
| State v. Crandle (20-407 - Unpublished)
appellate jurisdiction; felony sentencing; probation; restitution | |
| State v. Cruz (20-352 - Unpublished)
Possession and sale of cocaine; plain error; structural error; jury instructions on reasonable doubt standard and option to return not guilty verdict; incorrect offense dates on judgment forms | |
| State v. Davis (20-144 - Unpublished)
Serious injury by vehicle; hit and run with injury; impaired driving; defense of necessity; officer testimony on HGN test; officer testimony on BAC based on HGN test; plain error; sufficiency of evidence of serious injury | |
| State v. Etters (20-208 - Unpublished)
Robbery with a dangerous weapon; jury instructions; friend exception to mere presence rule | |
| State v. Jaime Luis Torres (20-477 - Unpublished)
first-degree murder, armed robbery, conspiracy challenge to authentication of recorded jail calls admitted under the business record exception no plain error grant petition for writ of certiorari no unreasonable delay in seeking review civil judgment of attorney's fees vacated and remanded | |
| State v. Johnathan Tyler Autry (20-341 - Unpublished)
Oral motion to recuse. | |
| State v. Johnson (20-549 - Unpublished)
Anders brief; independent review of the record revealed no prejudicial error | |
| State v. Keith Lavoris Hall (20-349 - Unpublished)
1st degree murder conviction; Post-conviction DNA testing | |
| State v. Laquia Black (20-415 - Unpublished)
Probation revocation; Activation of suspended sentence after expiration of a defendant's probationary period. | |
| State v. McCain (19-1069 - Unpublished)
Notice of aggravating factor, Driving while impaired, Ineffective assistance of counsel, Plain error | |
| State v. Nelson (20-370 - Unpublished)
Prior convictions; prior record level; sentencing error | |
| State v. Patricia Kirley (20-451 - Unpublished)
Jury instruction; automatism defense; sufficiency of evidence; judgment; sentencing error; clerical error; remand. | |
| State v. Waldrop (19-1146 - Unpublished)
Sex offenses; challenges to closing argument | |
| State v. Williams (20-184 - Unpublished)
probation revocation; absconding | |
| Suazo v. Gutierrez-Bojorquez (19-1079 - Unpublished)
Workers? Compensation Act, statutory employer, affirmative defenses. | |
| Thomas and Metcon, Inc. et. al vs. Gerome Chavis (20-258 - Unpublished)
civil procedure; default judgment; motion for relief from judgment | |
| U.S. Bank Tr. v. Rogers (20-506 - Unpublished)
Reformation of description; mutual mistake; deed of trust; third-party complaint; interlocutory appeal; joinder; necessary party/permissive party. |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 52 PETITIONS AND 169 MOTIONS.
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|
Filed: 16 March 2021 Mandate: 5 April 2021 Zip File of Published Opinions Case Title / Description | |
| Alexander v. Alexander (19-391 - Published)
custody, consent order, visitation, parent, grandparent, intervene, status quo, attorney?s fees, child, children, unfit, paramount, welfare, custodial | |
| Caroline-A-Contracting, LLC v. J. Scott Campbell Constr. Co., Inc. (20-60 - Published)
negligence counterclaim construction project dispute general contractor and independent subcontractor collateral source rule offset/credit | |
| Erie Ins. Exch. v. Smith (20-246 - Published)
Conditional delivery of a motor vehicle; Declaratory judgment; Liability insurance coverage. | |
| In re J.C.-B. (20-458 - Published)
Permanency planning order; disposition; unfitness; conduct inconsistent with parental rights; clear and convincing evidence; cease reunification; adequate resources of legal custodian; GAL duties; terminating jurisdiction. | |
| In re R.P. (20-311 - Published)
Adjudication and disposition hearing; stipulated facts; resignation of trial judge; N.C.G.S. 1A-1, Rule 63; ministerial act; N.C.G.S. 7B-805. | |
| State v. Macke (20-293 - Published)
Traffic checkpoint; DWI; programmatic purpose; State's police power; fundamental right to travel; 14th Amendment challenges. | |
| State v. Copley (18-895-2 - Published)
(View Supreme Court Opinion) habitation defense; self-defense; laying in wait; first-degree murder | |
| State v. Walters (20-440 - Published)
Trafficking in heroin by possession and transportation, motion to dismiss, preservation of issue for appeal, constructive possession, sufficiency of the evidence, mere suspicion, other incriminating circumstances. | |
| State v. Gibson (20-219 - Published)
Felony hit and run; sufficient evidence; jury instruction on flight | |
| State v. Stokley (20-177 - Published)
Second-degree kidnapping; robbery with a dangerous weapon; asportation; motion to dismiss; greater danger; jury instruction; disjunctive elements; restraint or removal; plain error. | |
| State v. Bannerman (20-495 - Published)
Defendant clearly and unequivocally waived his right to counsel, and his waiver was knowing, intelligent, and voluntary. | |
| Unpublished Opinions 16 March 2021 - Rule 30e - Zip File of Unpublished Opinions Mandate: 5 April 2021 | |
| Crawford v. Summerfield (20-328 - Unpublished)
Failure to allege standing, motion to amend complaint, Rule 15, Rules 12(b)(1) and 12(b)(6) motions to dismiss, quo warranto action | |
| Crosland v. Patrick (19-713-2 - Unpublished)
Statute of limitations bars claims of fraud, duress, or undue influence after three years. An alleged unilateral revocation of a prenuptial agreement argued in pleadings has no legal significance. | |
| Darrell Nichols v. United Painting Serv.s (20-443 - Unpublished)
issue is whether the NC Industrial Commission erred by declining to consider two suitable employment opportunities supposedly offered to plaintiff following the hearing before the Deputy Commissioner because they had not been approved by plaintiff's physician as of the date of the initial hearing | |
| In re B.T. (20-366 - Unpublished)
abuse and neglect; relative placement priority; necessity of findings to support conclusion that placement of juvenile with non-relatives was in the best interest of juvenile | |
| In re S.O. (20-348 - Unpublished)
issues include whether the court had jurisdiction to enter permanency order awarding permanent guardianship of juvenile to foster parents; whether findings of fact support court's conclusion that parents are unfit and acted inconsistently with their constitutionally protected status; whether trial court erred by failing to notify appellants-parents of the right to file a motion for review; and whether evidence supported court's reunification findings and conclusions | |
| In the Matter of J.N. & L.N. (20-296 - Unpublished)
juvenile, father, permanency planning order, hearing, abuse, neglect, child, custody, DSS, grandparents, guardianship, guardian ad litem, parent | |
| State v. Benner (19-879 - Unpublished)
no error in declining to give N.C.P.I Crim. 308.10 instruction; no invited error; no plain error in failing to instruct jury on mistake of fact; failure to comply with N.C. R. App. P. 3 and properly notice appeal | |
| State v. George Green (20-394 - Unpublished)
Sexual battery, inadequate record | |
| State v. Harris (19-1124 - Unpublished)
incest, statutory rape, indecent liberties with a child, first-degree kidnapping, subject matter jurisdiction, sovereign citizen, standby counsel, victim, child, pregnancy, relinquishment of parental rights, pediatrician, hearsay, confrontation, competency, incompetent | |
| State v. Miller (20-225 - Unpublished)
motion to dismiss; misdemeanor child abuse; substantial risk of physical injury | |
| State v. Nelson Avila (20-297 - Unpublished)
Fourth Amendment, consent, coercion, motion to suppress, search, seizure | |
| State v. Riley Kennington (20-419 - Unpublished)
probation condition, N.C. Gen. Stat. § 15A-1343, abuse of discretion | |
| State v. Robinson (20-429 - Unpublished)
strangulation, assault on a female, airway, detective, testimony, injury | |
| State v. Shepard (19-1012 - Unpublished)
Evidence in criminal trials; Plain error | |
| State v. Watts (20-158 - Unpublished)
Plain Error; Prejudice; Certiorari; Ineffective Assistance of Counsel | |
| Taylor v. Taylor (20-426 - Unpublished)
divorce; alimony; dependent spouse | |
| United Cmty. Bank v. Wakefield Missionary Baptist Church (20-335 - Unpublished)
grant of interpleader, church dispute over access to bank accounts, ecclesiastical entanglement, substantial right, subject matter jurisdiction, appeal dismissed as interlocutory |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 52 PETITIONS AND 169 MOTIONS.
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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)
motion to dismiss; interstate sovereign immunity; Franchise Tax Board v. Hyatt; waiver of immunity; retroactive application; state constitutional claims | |
| Halterman v. Halterman (19-912 - Published)
foreign custody order; foreign child support order; registration; motion to dismiss | |
| Hicks v. KMD Inv. Sols., LLC (20-71 - Published)
Judgment notwithstanding the verdict, directed verdict, constructive notice, breach of duty | |
| In re J.S.G. (20-82 - Published)
juvenile petition | |
| Porters Neck Ltd., LLC v. Porters Neck Cty. Club, Inc. (19-537 - Published)
Interlocutory appeal; sanctions; attorney's fees; discovery violations; customary fees in market; untimely appeal; retention of jurisdiction. | |
| State v. Perdomo (20-243 - Published)
plain error review; vouching for credibility of child-victim; closing the courtroom; ineffective assistance of counsel | |
| State v. Arnett (20-324 - Published)
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)
First-degree sex offense; first-degree kidnapping; aiding or abetting; lesser included offense; jury instructions. | |
| State v. Harris (19-617 - Published)
spousal privilege | |
| Unpublished Opinions 2 March 2021 - Rule 30e - Zip File of Unpublished Opinions Mandate: 22 March 2021 | |
| Counts v. Counts (20-12 - Unpublished)
divorce, military pension, pension, debt, marital debt, equitable distribution, life expectancy, spouse, marital estate, student loans | |
| Davis v. Davis (20-303 - Unpublished)
Child support modification, sanctions, | |
| Fish v. Fish (20-203 - Unpublished)
divorce, date of separation, cohabitation | |
| Gupton v. NC Dep't of Pub. Safety (20-357 - Unpublished)
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)
Constitutionally protected parental status, relative placement | |
| Inrock Drilling Sys., Inc. v. CMP Techs., Inc. (20-167 - Unpublished)
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)
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)
Denial of Unemployment Benefits; Statutory Requirements for Judicial Review | |
| State of N. Carolina v. Jonathan Hayes (20-275 - Unpublished)
Rule 403, abuse of discretion, autopsy photographs | |
| State v. Henry Frederick Saulpaugh (20-301 - Unpublished)
Probation, revocation, revoke. cross-examine, adverse witness, confrontation, good cause, abscond | |
| State v. Johnson (20-110 - Unpublished)
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)
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)
Motion to dismiss; sufficiency of evidence; jury instructions; defense of accident | |
| State v. Rhynes (19-386 - Unpublished)
Anders | |
| State v. Rollinson (20-42 - Unpublished)
Right to waiver of jury trial; sentencing error | |
| State v. W. (20-57 - Unpublished)
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 52 PETITIONS AND 169 MOTIONS.
|
|
Filed: 16 February 2021 Mandate: 8 March 2021 Zip File of Published Opinions Case Title / Description | |
| King v. Duke Energy Progress, LLC (20-292 - Published)
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 | |
| State v. Corpening (19-1063 - Published)
? 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)
First degree murder; jury instruction on lack of flight; harmless error | |
| Unpublished Opinions 16 February 2021 - Rule 30e - Zip File of Unpublished Opinions Mandate: 8 March 2021 | |
| Bresnahan v. Kirk (20-207 - Unpublished)
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)
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)
Alimony | |
| Poulos v. Poulos (20-365 - Unpublished)
motion to dismiss, interlocutory appeal, res judicata | |
| State v. Bridges (19-838 - Unpublished)
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. DiPietro (20-8 - Unpublished)
motion to continue; effective assistance of counsel; failure to show prejudice | |
| State v. Eakes (19-745 - Unpublished)
False Pretense, misrepresentation, ineffective assistance of counsel, indictment, evidence at trial, jury instructions, fatal variance | |
| State v. Gaddy (20-286 - Unpublished)
trial court lacked subject matter jurisdiction where indictment charging perjury lacked the allegedly false statement | |
| State v. Harris (20-62 - Unpublished)
No error; Motion to dismiss; Lesser-included offense instruction; Sentencing; Remand for clerical error. | |
| State v. Howie (20-284 - Unpublished)
motion to dismiss for insufficient evidence, N.C. Gen. Stat. § 14-208.7 | |
| State v. Jones (20-281 - Unpublished)
reasonable articulable suspicion, abandoned argument, no prejudicial error | |
| State v. Lindsey (20-91 - Unpublished)
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)
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)
Anders v. California, 386 U.S. 738 (1967); appeal wholly frivolous; appeal dismissed | |
| State v. Tabb (20-131 - Unpublished)
Possession of cocaine and marijuana; unchallenged findings of fact; motion to suppress; 4th amendment seizure of driver and occupants. | |
| Wilmington Sav. Fund Soc'y, FSB v. Hall (20-176 - Unpublished)
summary judgment; negotiable instruments; ratification |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 52 PETITIONS AND 169 MOTIONS.
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Filed: 2 February 2021 Mandate: 22 February 2021 Zip File of Published Opinions Case Title / Description | |
| In re: K.M. (20-482 - Published)
juvenile disposition order, N.C. Gen. Stat. § 7B-2502(c) | |
| Shearin v. Brown (20-389 - Published)
Equitable adoption | |
| State v. Black (19-1125 - Published)
Substantially similar offenses; Attorney's fees | |
| State v. Grays (19-1140 - Published)
Mistrial; Manifest Necessity; Double Jeopardy | |
| Unpublished Opinions 2 February 2021 - Rule 30e - Zip File of Unpublished Opinions Mandate: 22 February 2021 | |
| Est. of Seymour v. Orange Cnty. Bd. of Educ. (19-334-2 - Unpublished)
school board immunity; immunity waiver; insurance contract interpretation | |
| Gasper v. Brady Trane Serv., Inc. (20-280 - Unpublished)
Rule of Civil Procedure 12(c); fraud; quantum meruit; quasi contract; express agreement; Rule of Civil Procedure 9(b); judgment on the pleadings. | |
| In re A.S. (20-77 - Unpublished)
Permanency planning hearing; judge who presided over hearing must sign order; conceded error | |
| In re J.J. (20-264 - Unpublished)
Juvenile proceeding; abuse and neglect; challenge to review order | |
| State v. Avery (19-992 - Unpublished)
Post-conviction DNA testing; Anders review | |
| State v. Chambers (20-196 - Unpublished)
Expert testimony; plain error; conceded error at sentencing | |
| State v. Evans (19-1121 - Unpublished)
Habitual misdemeanor larceny; guilty plea; sentence in presumptive range; Anders brief. | |
| State v. Koehn (20-33 - Unpublished)
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)
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. Swino (20-302 - Unpublished)
Rule 901, Rule 803(17), Kelley Blue Book report, plain error | |