Court of Appeals Slip Opinions

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Filed: 7 January 2026
Mandate: 27 January 2026
Zip File of Published Opinions

Case Title / Description
Crumel v. Morton  (25-372 - Published)   Author: Judge Tobias Hampson
Voluntary Dismissal; Relief from Judgment; Motion to Enforce Settlement
Hays v. Lewis  (24-872 - Published)   Author: Judge Michael Stading
North Carolina Domestic Violence Act; N.C. Gen. Stat. Chapter 50B; Domestic Violence Protective Order; ex parte DVPO; DVPO entered after notice and opportunity to be heard; one-year DVPO; one-year time limitation; N.C. Gen. Stat. § 50B-3; N.C. Gen. Stat. § 50B-3(b); N.C. Gen. Stat. § 50B-2(c)(5); statutory construction; plain meaning; statutory construction in context; Rudder v. Rudder
In re: Russo  (25-321 - Published)   Author: Judge Allegra Collins
A law firm, as a corporate entity, may not serve as trustee of a trust or executor of a will without being authorized under N.C. Gen. Stat. § 53-303(a).
Randolph Cnty. Bd. of Educ. v. Stein  (25-130 - Published)   Author: Judge Allegra Collins
environmental enhancement grants program; declaratory judgment; motion to dismiss; civil penalties; Article IX, Section 7 of the North Carolina Constitution; Article V, Section 7 of the North Carolina Constitution; appropriations clause; gift clause; Article IX, Section 6 of the North Carolina Constitution.
State v. Hodges  (25-50 - Published)   Author: Judge Valerie Zachary
motion to dismiss; N.C.R. App. P. 10(a)(3); ineffective assistance of counsel; motion for appropriate relief; civil judgment for attorney's fees
State v. Leggett  (25-288 - Published)   Author: Judge Jefferson Griffin
Rule of Evidence 901; authentication of video; satellite-based monitoring; N.C. Gen. Stat. § 14-208.40A
State v. Oakes  (25-247 - Published)   Author: Judge Allegra Collins
Ineffective assistance of counsel; Competency; Psychiatric report; Sua sponte competency hearing; North Carolina Rules of Evidence Rule 901. 
State v. Phillips  (25-275 - Published)   Author: Judge Allegra Collins
felony stalking; sufficient indictment; State v. Singleton; assault with a firearm on a law enforcement officer; jury instruction; no affirmative defense presented at trial to support giving the requested jury instruction; no evidence presented at trial to support giving the requested jury instruction
State v. Simpson  (24-1092 - Published)   Author: Judge Jeff Carpenter
Statutory Interpretation; Lenity; Concealed Firearm Statute; Probationary Period; No Prejudicial Error
State v. White  (25-470 - Published)   Author: Judge Tom Murry
Competent evidence; motion to suppress; police checkpoints; probable cause.
Stein v. Hall  (25-745 - Published)   Author: Judge John Tyson
Separation of Powers; Gubernatorial appointments; Building Code Council; Utilities Commission; Appellate Judicial Vacancies; Facial Constitutional Challenge; Summary Judgment; Three Judge Panel;
US Right to Know v. The Univ. of N.C. at Chapel Hill  (25-420 - Published)   Author: Judge Jefferson Griffin
Statutory interpretation; N.C. Gen. Stat. § 132-1; canon of last antecedent; N.C. Gen. Stat. § 116-43.17; plain meaning
Unpublished Opinions
7 January 2026  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 27 January 2026 

Blaylock's Glen Homeowners Ass'n, Inc. v. Jones (25-691 - Unpublished)   Author: Judge John Tyson
Homeowners Association; Summary Judgment;
Brown v. Take 5 LLC (25-497 - Unpublished)   Author: Judge Julee Flood
personal jurisdiction, Rule 12(b)(2), standard of review, abandoned argument. 
Butler v. Millennium Advisors, LLC (25-166 - Unpublished)   Author: Judge Chris Dillon
NCWHA, UDTP, severance payment, non-compete payment
In re: C.D.W. (24-1088 - Unpublished)   Author: Judge Jeff Carpenter
Custody; Termination of Parental Rights; Willful Abandonment; Credibility; Private TPR Petition; Contempt Motion; Chapter 7B; Chapter 50.
In re: M.B. (25-315 - Unpublished)   Author: Judge Fred Gore
termination of parental rights; best interests of the child; abuse of discretion; N.C.G.S. § 7B-1110(a); permanency planning.
Levinsky v. Levinsky (25-245 - Unpublished)   Author: Judge Allegra Collins
separation agreements; evidence supports trial court's findings and conclusions that the agreements are binding and enforceable; child support payments; competent evidence supports the trial court's calculation of unpaid child support; statute of limitations.
Mar. Advisors, LLC v. HC Composites, LLC (25-40 - Unpublished)   Author: Judge Julee Flood
limited liability company; LLC; corporation; motion to dismiss; motion to substitute; involuntary dissolution; ratification; contract; standing; subject matter jurisdiction; real party in interest
Moore v. Richmen Enters., LLC (24-509 - Unpublished)   Author: Judge Michael Stading
Rule 59 motion for a new trial; Rule 50 motion for judgment notwithstanding the verdict; Rule 42 motion to bifurcate; N.C. Gen. Stat. § 1A-1, Rule 42, N.C. Gen. Stat. § 1A-1, Rule 50, N.C. Gen. Stat. § 1A-1, Rule 59; stream of commerce; negligence; product liability; implied warranty of merchantability; implied warranty of fitness for a particular purpose; sealed-container defense; N.C. Gen. Stat. § 99B-2(a); directed verdict; JNOV
Peace v. Willis (25-361 - Unpublished)   Author: Judge Tom Murry
Option contracts.
Sanders P'ship, LLC v. City of Charlotte (24-604 - Unpublished)   Author: Judge Jeff Carpenter
Zoning Ordinance; Variance; Board of Adjustment; Standards of Review: Whole Record; De Novo; Arbitrary and Capricious.
Sargent v. N.C. Bd. of Nursing (25-356 - Unpublished)   Author: Judge Allegra Collins
petition for judicial review; NC Board of Nursing; Final Decision and Non-Disciplinary Order; order remands case to the Board for further proceedings; interlocutory order
State v. Hayes (25-380 - Unpublished)   Author: Judge Valerie Zachary
motion to dismiss; attempted first-degree murder; assault with a deadly weapon with intent to kill; jury instructions; lesser-included offense
State v. Hoffman (25-313 - Unpublished)   Author: Judge Julee Flood
Rule 104(b), Rule 404(b), Rule 403, witness testimony, prior bad acts, absence of mistake, improper vouching, plain error, ex mero motu, ineffective assistance of counsel, cumulative error, misdemeanor assault on a child under the age of twelve.
State v. Ingram (23-748-2 - Unpublished)   Author: Judge Christopher Freeman
Article I, Section 24; verdict by jury of twelve; N.C.G.S. § 15A-1215; presumed to follow instructions
State v. Jenkins (25-131 - Unpublished)   Author: Judge Jeff Carpenter
Jury Instructions; Involuntary Manslaughter; Second-degree murder; Jury Request; Abuse of Discretion.
State v. Miller (25-95 - Unpublished)   Author: Judge Chris Dillon
sufficiency of evidence, fatal variance, jury instruction, effective assistance of counsel
State v. Richards (24-1037 - Unpublished)   Author: Judge Jeff Carpenter
Indecent Liberties; Improper Vouching; No Plain Error; Mistrial; Sua Sponte
State v. Stockton (25-214 - Unpublished)   Author: Judge Tom Murry
Motiomn to suppress; reasonable suspicion; PRL calculation.
State v. Williams (24-838 - Unpublished)   Author: Judge Jeff Carpenter
Evidence; Witness Identification; Fifth Amendment; Jury Request; Authentication; Cumulative Error; Prejudicial Error; Ex Mero Motu; Closing Argument
Whitaker v. Hall (25-486 - Unpublished)   Author: Judge Valerie Zachary
civil contempt; purge condition
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 43 PETITIONS AND 358 MOTIONS.