Court of Appeals Opinions

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Filed: 21 June 2022
Mandate: 11 July 2022
Zip File of Published Opinions

Case Title / Description
Cash v. Cash  (21-156 - Published)   Author: Judge Donna Stroud
modification of child custody; best interest of the child; misapprehension of the law
Fore v. The Western N.C. Conf. of the United Methodist Church  (21-546 - Published)   Author: Judge John Tyson
NC Gen Stat 132-1.4 Real Party in Interest Interlocutory Appeal SAFE Child Act Jus Tertii Substantial Right Aggrieved Party Non-joined Third Party
Shropshire v. Shropshire  (21-332 - Published)   Author: Judge Jeff Carpenter
Equitable distribution; divisible property; reopening of evidence sua sponte; insufficient findings of fact; no abuse of discretion.
In re: R.J.P.  (21-796 - Published)   Author: Judge April Wood
Juvenile; Guardianship; Visitation Rights; Visitation Plan; Finding of Fact; Conclusion of Law; De Novo; Permanent Plan; Best Interest; N.C. Gen. Stat. § 7B-905.1(a).
In re: L.M.B.  (21-544 - Published)   Author: Judge Fred Gore
termination of parental rights; failure to pay a reasonable portion of the cost of care; ?in-kind? contributions; N.C. R. Civ. P. 63; substitute judge
Shebalin v. Shebalin  (21-425 - Published)   Author: Judge John Arrowood
order for appointment of parenting coordinator; interlocutory; sanctions
K&S Res., LLC v. Gilmore  (21-484 - Published)   Author: Judge Fred Gore
summary judgment; statute of limitations; renewal of amended judgment; N.C. R. Civ. P. 52(b); N.C. R. Civ. P. 59(e); statutory tolling provisions
Jain v. Jain  (21-468 - Published)   Author: Judge Allegra Collins
Child support, N.C. Gen. Stat. 50-13.4; trial court's findings of fact did not support finding of minor child's reasonable needs or award of permanent child support.
In re: Gerringer  (21-556 - Published)   Author: Judge Allegra Collins
Estates; spousal elective share; property held as joint tenants with right of survivorship; superior court's review on appeal
Singleton . v. NC Dep't of Health and Human Serv.s.  (21-558 - Published)   Author: Judge John Tyson
NC Gen Stat 131E-175 Certificate of need Exhaustion of remedies Administrative procedure act Declaratory judgment As applied challenge Failure to exhaust remedies Substantive due process Procedural due process
State of N.C. v. The Chemours Co. FC, LLC  (21-225 - Published)   Author: Judge Allegra Collins
Motion to intervene, N.C. Rule of Civil Procedure 24, trial court did not abuse its discretion by denying motion to intervene as untimely.
State v. Anthony  (18-1118-3 - Published)   Author: Judge Donna Stroud
satellite-based monitoring; aggravated offense
State v. Cholon  (21-635 - Published)   Author: Judge John Arrowood
MAR; ineffective assistance of counsel; Harbison violation
State v. Grimes  (21-663 - Published)   Author: Judge Allegra Collins
motion to dismiss; sufficiency of the evidence; specific intent; kidnapping; jury instructions; no plain error; assault on a female; N.C. R. App. P. 2
State v. Sanders  (21-358 - Published)   Author: Judge Hunter Murphy
In rem jurisdiction; Civil forfeiture; Criminal forfeiture.
State v. Wright  (20-250 - Published)   Author: Judge Hunter Murphy
Sufficiency of indictment, failure to notify the last registering sheriff of a change of address, jury instructions, plain error, motion to dismiss, right to allocution, attorney fees, entry of order.
Unpublished Opinions
21 June 2022  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 11 July 2022 

Brookline Homes, LLC v. City of Mount Holly (21-514 - Unpublished)   Author: Judge Valerie Zachary
Rule 60(b)(1); excusable neglect; class action
In re AM (21-657 - Unpublished)   Author: Judge Jeff Carpenter
Termination of parental rights; sufficiency of findings of fact; sufficiency of conclusions of law; willful failure to make reasonable progress; N.C. Gen. Stat. § 7B-1111(a)(2); domestic violence; substance abuse; affirmed.
In re N.L.S. (21-625 - Unpublished)   Author: Judge John Tyson
ICWA 25 USC 1912 Termination of parental rights Federally recognized tribe
In re V.S.D. (21-782 - Unpublished)   Author: Judge Jeff Carpenter
termination of parental rights, grounds for termination, willful abandonment, best interests of the child
In Re: K.E.M. & L.H.M. (21-594 - Unpublished)   Author: Judge April Wood
Termination of parental rights; TPR; Willful failure to make reasonable progress; Substance abuse; Inconsistent progress; Neglected juvenile
In Re: K.L. & V.P.L. (21-798 - Unpublished)   Author: Judge Darren Jackson
trial court's adjudication of neglect was supported by competent evidence of substantial risk of future harm and lack of parental concern where mother murdered father in the presence of her two children
In re: Randolph (21-803 - Unpublished)   Author: Judge Donna Stroud
interlocutory order
In re: T.K.H., T.L.H. (21-659 - Unpublished)   Author: Judge Lucy Inman
Termination of Parental Rights, Failure to Make Reasonable Progress, Sufficient Evidence, Addiction
Matters of KS, ES, GA (21-686 - Unpublished)   Author: Judge Lucy Inman
Residual hearsay exception, unavailability of juvenile declarant, trustworthiness, more probative than other available evidence
Matthew Gleason v. The Charlotte-Mecklenburg Hosp.ity Auth. (21-501 - Unpublished)   Author: Judge John Arrowood
summary judgment; hospital facility fees; breach of contract; quantum meruit; EMTALA; motion to strike
Russe v. Youngblood (21-799 - Unpublished)   Author: Judge John Arrowood
summary judgment; PWC; public official immunity
State of N. Carolina v. Enrique Martinez Garcia (21-331 - Unpublished)   Author: Judge Valerie Zachary
satellite-based monitoring; State v. Hilton; conflict between trial court's oral ruling and written order
State of N. Carolina v. Khakim Harvey & Kyle McNeil (21-203 - Unpublished)   Author: Judge Richard Dietz
Murder; robbery with a dangerous weapon; motion to suppress; preservation; waiver; sufficiency of search warrant affidavit; staleness of information in warrant affidavit; exclusion of self-defense evidence as discovery sanction; Hobson's choice dilemma
State v. Brandon Lee (21-13 - Unpublished)   Author: Judge April Wood
Expert witness; Expert witness testimony; North Carolina Rule of Evidence Rule 702; Daubert factors; North Carolina Rule of Evidence Rule 403; Probative value; First-degree Murder; qEEG assessments; qEEG
State v. Cooper (21-598 - Unpublished)   Author: Judge Darren Jackson
trial court did not plainly err by not instructing jury on reasonable belief in consent as defense to charge of second-degree forcible sexual offense because this defense is not recognized under North Carolina law; cold record did not reveal that trial counsel was ineffective
State v. James Charles Cole (21-522 - Unpublished)   Author: Judge Darren Jackson
trial court abused its discretion in concluding the defendant had absconded, thereby violating his probation, in the absence of sufficient evidence that the alleged absconding was willful
State v. Kiquan Freeman (22-17 - Unpublished)   Author: Judge Valerie Zachary
Anders brief; Alford plea; sentencing
State v. O'Kelly (20-693-2 - Unpublished)   Author: Judge Allegra Collins
satellite-based monitoring; lifetime SBM;
State v. Rhonda Sue Price (22-113 - Unpublished)   Author: Judge Jeff Carpenter
clerical error, jail credit, time served
State v. Roach (21-517 - Unpublished)   Author: Judge Fred Gore
ineffective assistance of counsel; confrontation clause; statements offered to explain subsequent actions during an investigation
State v. Stacks (21-167 - Unpublished)   Author: Judge Donna Stroud
mistrial; closing arguments
State v. Trevelle Shade (21-538 - Unpublished)   Author: Judge John Arrowood
plea agreement; petition for writ of certiorari; N.C.G.S. 15A-1444
Stewart v. Goulston Technologies (21-642 - Unpublished)   Author: Judge Lucy Inman
Workers' Compensation, Arising out of Employment, Idiopathic Condition, Sufficient Evidence, Unexplained Falls
Wright v. Jackson (21-614 - Unpublished)   Author: Judge Allegra Collins
Living trust; spendthrift trust; revocability; slayer statute
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 18 PETITIONS AND 167 MOTIONS.


Filed: 7 June 2022
Mandate: 27 June 2022
Zip File of Published Opinions

Case Title / Description
Jabari v. Jabari  (21-265 - Published)   Author: Judge Donna Stroud
Rule 60(b); Consent Domestic Violence Protection Order; No Findings of Fact or Conclusions of Law
Dean v. Rousseau  (21-518 - Published)   Author: Judge Fred Gore
Rule 12(b)(6) motion to dismiss; Service of the complaint and summons on an uninsured motorist carrier; NCGS 20-279.21(b)(3)(a); and statute of limitations
Archie v. Durham Pub. Sch. Bd. of Educ.  (21-313 - Published)   Author: Judge Allegra Collins
summary judgment; plaintiff's recovery barred by contributory negligence; no gross negligence
In re: J.C.  (21-666 - Published)   Author: Judge Jefferson Griffin
Visitation; length of visitation; virtual visitation; neglect; prejudicial statements from the bench; case plan requirements; motion for review of visitation plan.
In re: S.O.C.  (21-681 - Published)   Author: Judge Tobias Hampson
Termination of parental rights, required findings of fact to support adjudication, circumstances at the time of hearing
Violette v. The Town of Cornelius  (21-648 - Published)   Author: Judge Darren Jackson
standing; zoning; action for declaratory judgment; trial court did not err in dismissing complaint for lack of standing where adjacent landowner only supported his allegations of standing with owner's opinion evidence of diminution in value and allegations did not allege how his property was affected by rezoning distinct from the community
State v. Williams  (20-633 - Published)   Author: Judge Allegra Collins
defense of others; jury instruction; disqualifying felony; causal nexus; prejudicial error; motion to dismiss for insufficiency of the evidence.
State v. Ore  (21-693 - Published)   Author: Judge John Tyson
probation violation, unchallenged findings & conclusions, no notice of appeal, extension of supervision, direct criminal contempt, PWC, N.C. Gen. Stat. 1347, N.C. Gen. Stat. 5A-11
Thompson v. Union Cty.  (21-220 - Published)   Author: Judge Donna Stroud
ordinance, zoning, board of adjustment, vested rights
Unpublished Opinions
7 June 2022  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 27 June 2022 

Diane Kirby v. Mission Hosp., Inc. (21-606 - Unpublished)   Author: Judge Allegra Collins
Worker?s Compensation; Competent evidence supported Industrial Commission?s findings of fact; Date of maximum medical improvement; N.C. Gen. Stat. 97-31; Industrial Commission Review of Form 26A, Employer?s Admission of Employee?s Right to Permanent Partial Disability; N.C. Gen. Stat. 97-17; Commission did not err by declining to set aside Form 26A.
In re A.C. (21-769 - Unpublished)   Author: Judge John Tyson
Ceasing reunification efforts, permanency planning order, home and employment, parental fitness,constitutionally protected parental status
In Re B.V. (21-756 - Unpublished)   Author: Judge Allegra Collins
Termination of parental rights, trial court's unchallenged and properly supported findings of fact supported trial court's conclusion of neglect and probable repetition of neglect such that grounds exist to terminate Respondent?s parental rights underN.C. Gen. Stat. 7B-1111(a)(1), trial court did not abuse its discretion by determining that termination of parental rights was in the child's best interests.
In Re D.G. (21-624 - Unpublished)   Author: Judge Jeff Carpenter
Involuntary commitment order; dangerous to herself and others; insufficient findings of fact; right to an impartial tribunal.
In re J.C. (21-658 - Unpublished)   Author: Judge Tobias Hampson
order awarding guardianship, findings of fact
In Re J.M. (21-662 - Unpublished)   Author: Judge Tobias Hampson
Rule 3.1(e), No-Merit Brief, Termination of Parental Rights
In re J.S., III (21-787 - Unpublished)   Author: Judge Jefferson Griffin
Adjudication of neglect, dependency
In re N.F., D.F., Z.F., C.F. (21-646 - Unpublished)   Author: Judge Valerie Zachary
termination of parental rights; guardian ad litem; incompetent adult; Rule 17
In re: K.S. (20-271-2) - [Withdrawn by order of the Court]
In re: P.O & I.O (21-733 - Unpublished)   Author: Judge Chris Dillon
physical abuse, emotional abuse, one definition satisfies
Johnson v. Nieland (21-649 - Unpublished)   Author: Judge Jeff Carpenter
medical malpractice complaint; expert witness; motion to dismiss pursuant to Rule 9(j); affidavit contradicting prior testimony; genuine issue of material fact
Markaj v. Markaj (21-784 - Unpublished)   Author: Judge Jeff Carpenter
domestic violence protective order; surrender of firearms; harassment' vacating portion of DVPO
Rainey v. Goodyear (21-454 - Unpublished)   Author: Judge Lucy Inman
Workers? Compensation, Partial Disability to Hand, Competent Evidence, Overtime Pay
State v. Harris (21-100 - Unpublished)   Author: Judge Fred Gore
deprivation of property; restitution; duplicative award; clerical error
State v. Reynolds (21-578 - Unpublished)   Author: Judge Jefferson Griffin
In camera review and disclosure of sealed records, substantial basis for review, favorable and material standard for disclosure
State v. Sanders (20-376 - Unpublished)   Author: Judge Tobias Hampson
waiver of counsel; competency to proceed pro se; jury selection; Batson challenge; 404(b) evidence; non-prejudicial error
State v. Slade (21-209 - Unpublished)   Author: Judge Lucy Inman
Defendant convicted of murder, attempted first-degree murder, and kidnapping over stolen marijuana; North Carolina Rules of Evidence 401, 403, and 901; admissibility of letter and other communications between Defendant and a female accomplice while both were in custody; no improper reference to gang affiliation; trial court did not err in failing to intervene ex mero motu in prosecutor's argument
State v. Walker (21-535 - Unpublished)   Author: Judge John Arrowood
Motion for appropriate relief; ineffective assistance of trial counsel; ineffective assistance of appellate counsel; petition for writ of certiorari.
Williams v. Wiley (21-347 - Unpublished)   Author: Judge Lucy Inman
notice of registration of a foreign support order; motion for judicial notice; service proper at last known, physical mailing address; North Carolina Rule of Civil Procedure 5; Rule 60 motion; no abuse of discretion
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 18 PETITIONS AND 167 MOTIONS.


Filed: 17 May 2022
Mandate: 6 June 2022
Zip File of Published Opinions

Case Title / Description
Fox v. Fox  (21-534 - Published)   Author: Judge Darren Jackson
trusts and estates; North Carolina Uniform Trust Code; trial court did not err in dismissing claims for breach of fiduciary duty, constructive fraud, and civil conspiracy against trustees as individuals because breach of fiduciary duty claim stated time-barred claim challenging the validity of trust, claim for breach of trust against defendants as trustees did not state individual capacity claim, complaint failed to allege special circumstances creating fiduciary relationship as a matter of fact between beneficiary and trustees, and claim for civil conspiracy against trustees as individuals did not state an independent basis of liability; claims for breach of trust against trustees and claims for constructive fraud and civil conspiracy against trustees in their capacity as trustees were legally sufficient and trial court erred in dismissing them
Birchard v. Blue Cross & Blue Shield of N.C., Inc.  (21-729 - Published)   Author: Judge John Tyson
Subject Matter Jurisdiction, State Health Plan, Denial of Coverage, External Review Organization, Appeal to Industrial Commission, Sovereign Immunity
Bottoms Towing & Recovery, LLC v. Circle of Seven, LLC  (21-513 - Published)   Author: Judge John Arrowood
motor vehicle lien; legal possessor; N.C.G.S. 44A
In re: N.L.M., T.R.M. IV, N.S.W., C.M.  (21-608 - Published)   Author: Judge Allegra Collins
findings supported that DSS made reasonable efforts at preventing placement; findings supported that visitation was not in the juveniles' best interest; trial court erred in failing to inform parent of right to a review of visitation plan
In re: Terrell McIlwain  (21-434 - Published)   Author: Judge Allegra Collins
sex offender registration; reportable convictions; whether two offenses are substantially similar; N.C. Gen. Stat. § 14 208.6(4)(b)
Lakins v. The Western N.C. Conf. of the United Methodist Church  (21-415 - Published)   Author: Judge Valerie Zachary
interlocutory appeal; motion to dismiss appeal; petition for writ of certiorari; facial or as-applied challenge; transfer of constitutional challenge to three-judge panel; subject-matter jurisdiction; ecclesiastical entanglement
Osborne v. Paris  (21-226 - Published)   Author: Judge Lucy Inman
Motor Vehicle Safety and Financial Responsibility Act; multiple tortfeasors in collision between motorcycle and car, one underinsured and one uninsured; victim covered by two uninsured policies and one combined uninsured/underinsured policy; summary judgment in favor of insurance carrier; carrier not obligated to pay beyond combined limit of policy; carrier not entitled to a credit against its uninsured policy for payment from tortfeasor's liability coverage; bad faith refusal to settle and unfair trade practices
State v. Collins  (21-404 - Published)   Author: Judge Lucy Inman
felonious possession of stolen goods and felony eluding arrest with a motor vehicle; trial court reserved ruling on motion to dismiss and allowed State to recall witness; no judicial partiality; no impropriety in prosecutor's closing argument
State v. Fritsche  (21-473 - Published)   Author: Judge Valerie Zachary
sex-offender registration; N.C. Gen. Stat. 14-208.12A(a); equal protection; residency; termination petition
State v. Wilson  (20-108 - Published)   Author: Judge Jefferson Griffin
Felony murder; unpreserved juror challenge; motion to suppress custodial, noncustodial statements; jury instruction on lesser-included offense, second-degree murder; superior court transfer hearing.
Unpublished Opinions
17 May 2022  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 6 June 2022 

Braswell v. The W.ern N.C. Conf. of the United Methodist Church (21-416 - Unpublished)   Author: Judge Valerie Zachary
facial or as-applied constitutional challenge; transfer of constitutional challenge to three-judge panel; subject-matter jurisdiction; ecclesiastical entanglement
Doe GS v. The W.ern N.C. Conf. of the United Methodist Church (21-417 - Unpublished)   Author: Judge Valerie Zachary
facial or as-applied constitutional challenge; transfer of constitutional challenge to three-judge panel; subject-matter jurisdiction; ecclesiastical entanglement
Esrafil Abedi v. Farid Abedi (21-126 - Unpublished)   Author: Judge Hunter Murphy
Interlocutory appeal; preliminary injunction; substantial right; dismissed.
In re A.R., D.R., P.H. (21-678 - Unpublished)   Author: Judge Valerie Zachary
neglected juvenile; adjudication; findings of fact; N.C. Gen. Stat. 7B-101(15)
In re J.B.D. (21-549 - Unpublished)   Author: Judge Fred Gore
TPR; § 7B-1108(b); failure to legitimate; abandonment
In re J.W. (21-636 - Unpublished)   Author: Judge Richard Dietz
fact finding, termination of parental rights, trial court, termination, juvenile, trial court's finding, parental rights, willfully, conclusions of law, custody agreement
In Re J.W.M. (21-617 - Unpublished)   Author: Judge Chris Dillon
Neglected Juvenile, Adjudication, Disposition Order, Visitation Costs, DSS Case Plan, Delegation, District Court, Best Interest of the Child
In re Phillip Entzminger (21-525 - Unpublished)   Author: Judge Jeff Carpenter
Attorney discipline; trial court's inherent authority; judicial recusal; suspension as a disciplinary sanction; affirmed.
In re S.G.A.R.B., H.D.B., T.U.B. (21-727 - Unpublished)   Author: Judge Darren Jackson
independent review revealed no error in trial court's termination of parental rights in case where counsel filed a no-merit brief under appellate rule 3.1(e)
In re SCS (21-738 - Unpublished)   Author: Judge Jeff Carpenter
Termination of parental rights; sufficiency of findings of fact and conclusions of law; dependency; lack of proper care or supervision; lack of appropriate alternative child care arrangement; affirmed.
Jason Fields v. Veronica Fields (20-855 - Unpublished)   Author: Judge Hunter Murphy
Substantial change in circumstances; parent move; information that antedates prior custody order.
Karen Jean Singleton v. David Clinton McNabb, M.D. and Raleigh Orthopaedic Clinic, P.A. (21-746 - Unpublished)   Author: Judge Fred Gore
Interlocutory appeal; and Insufficient Statement of the Grounds for Appellate Review
Larry Dillard v. The W.ern N. Carolina Conference of the United Methodist Church (21-324 - Unpublished)   Author: Judge Valerie Zachary
facial or as-applied constitutional challenge; transfer of constitutional challenge to three-judge panel; subject-matter jurisdiction; ecclesiastical entanglement
Lisa Miller v. Auria Solutions Ltd. (21-475 - Unpublished)   Author: Judge Lucy Inman
Workers compensation; degenerative conditions; expert testimony; cross-appeal
Maas v. Walgreens (21-307 - Unpublished)   Author: Judge Fred Gore
work-related injury; medical treatment; opioid dependance; Industrial Commission Rule 701; Form 44
Marell Francis v. Jacqueline Brown (21-466 - Unpublished)   Author: Judge Darren Jackson
trial court did not err in entering no-contact order where unchallenged findings of fact supported conclusion that defendant harassed plaintiff, thereby engaging in unlawful conduct
Matter of M.M. and J.M. (21-721 - Unpublished)   Author: Judge Fred Gore
termination of parental rights; no-merit brief; N.C.R. App. P. 3.1(e)
Matthew Donley v. Chip Ganassi Racing (21-447 - Unpublished)   Author: Judge Lucy Inman
Workers compensation; wage loss causation by injury; burden of proof
Matthew Mitchell. v. Orange Cnty.. (21-394 - Unpublished)   Author: Judge Chris Dillon
Standing, rezoning, MPD-CZ, special damages, property
McLane v. Goodwin-McLane (21-528 - Unpublished)   Author: Judge John Arrowood
artificial insemination; breach of contract; findings of fact; conclusions of law
Medport, Inc. v. John Hazlehurst (21-695 - Unpublished)   Author: Judge Fred Gore
denial of motion for summary judgment; common law negligence; professional malpractice; immunity from suit
Racine v. City of Raleigh (21-406 - Unpublished)   Author: Judge Darren Jackson
public duty doctrine barred plaintiff's claims for wrongful death and negligent hiring and retention against municipality
Simmons v. Wiles (21-320 - Unpublished)   Author: Judge Lucy Inman
motion for relief from judgment; Rules 60(b)(4) and 60(b)(6); consent order to dismiss without prejudice not void; Rule 41(a); no procedural blunder by counsel; trial court did not abuse its discretion
Spencer v. Goodyear (21-354 - Unpublished)   Author: Judge Tobias Hampson
Workers Compensation, Injury by Accident, Occupational Disease; Significant Causal Factor
State of N. Carolina v. Eric Wright (21-247 - Unpublished)   Author: Judge Donna Stroud
motion to suppress
State v. Allen Michael Barstow (21-389 - Unpublished)   Author: Judge Tobias Hampson
Motion to Suppress, Traffic Stop, DWI, Reasonable Suspicion, IAC
State v. Askew (21-502 - Unpublished)   Author: Judge Richard Dietz
robbery, jury instructions, plain error, property
State v. Calixto Gonzalez Maldonado (21-308 - Unpublished)   Author: Judge Darren Jackson
trial court's findings and conclusions were sufficient to support the order denying defendant's motion to suppress and probable cause supported search and search incident to arrest
State v. Craig McKee Williams (21-449 - Unpublished)   Author: Judge Fred Gore
Motion for appropriate relief; NCGS 15A-1419; Issues were raised or had the opportunity to be raised on previous appeal
State v. Giles (21-645 - Unpublished)   Author: Judge Jefferson Griffin
Subject matter jurisdiction, motion to set aside bond forfeiture, conviction, deferred prosecution, probation.
State v. Hahn (21-190 - Unpublished)   Author: Judge April Wood
Lawful arrest; warrantless arrest; objective probable cause; resisting arrest; assault on a government official; malicious conduct by a prisoner; line of demarcation; motion to dismiss.
State v. Tommy Dotson (21-575 - Unpublished)   Author: Judge Tobias Hampson
Probation Revocation; New Criminal Offense, Clerical Error
Theodore Pittman v. Ricky McCrae Wilkins, . (21-492 - Unpublished)   Author: Judge Richard Dietz
declaratory judgment, letters of administration, clerk of superior court, will, administration of an estate
Tracey Catherine Briggs v. Sara Marie Markiewicz (21-443 - Unpublished)   Author: Judge Valerie Zachary
summary judgment; negligence; duty of driver to maintain proper lookout; contributory negligence; doctrine of sudden emergency
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 18 PETITIONS AND 167 MOTIONS.


Filed: 3 May 2022
Mandate: 23 May 2022
Zip File of Published Opinions

Case Title / Description
Appalachian Materials, LLC v. Watauga Cty.  (21-117 - Published)   Author: Judge Chris Dillon
permit, educational facility, ordinance, mandate, reverse, vacate
Upchurch v. Harp Builders, Inc.  (21-472 - Published)   Author: Judge Darren Jackson
civil procedure; pleading; counterclaim asserted outside statute of limitations did not relate back to plaintiff's complaint; most recent intermediate appellate court precedent controls over prior inconsistent precedent of same court
Forte v. The Goodyear Tire & Rubber Co.  (20-904 - Published)   Author: Judge Richard Dietz
Workers' compensation; Full Commission's authority to reconsider evidence and amend deputy commissioner's award if good ground be shown; N.C. Gen. Stat. § 97-85; competent evidence standard; Full Commission authority to weigh evidence and reject testimony it disbelieves
In re: S.R.  (21-633 - Published)   Author: Judge Fred Gore
Termination of parental rights; findings of fact; NCGS 7B-1111(a); failure to pay child support; and judicial discretion
In re: Pub. Records Request to DHHS  (21-495 - Published)   Author: Judge John Arrowood
public records request; special proceeding; lack of subject matter jurisdiction; lack of authority to initiate action
In re: Moore  (21-441 - Published)   Author: Judge Allegra Collins
N.C. Gen. Stat. § 31-32; will caveats; subject matter jurisdiction; lack of standing to bring caveat; N.C. Gen. Stat. § 29-15; intestate succession; N.C. Gen. Stat. § 29-19(b)
John Doe 1K v. Roman Catholic Diocese of Charlotte  (21-254 - Published)   Author: Judge Jeff Carpenter
SAFE Child Act; S.B. 199; revival provision; three-judge panel of Wake County Superior Court; motion to transfer; res judicata
John Doe v. Roman Catholic Diocese of Charlotte  (21-255 - Published)   Author: Judge Jeff Carpenter
SAFE Child Act; S.B. 199; revival provision; three-judge panel of Wake County Superior Court; motion to transfer; res judicata
Johnston v. Pyka  (21-452 - Published)   Author: Judge Fred Gore
partial summary judgment; breach of contract; specific performance; implied warranty of habitability; summary ejectment; tortious interference with contract; fraud
Kluttz-Ellison v. Noah's Playloft Preschool  (21-356 - Published)   Author: Judge Darren Jackson
worker's compensation; full commission did not abuse its discretion in allowing claimant's motion to submit additional evidence where good grounds existed for granting motion and Form 44 put defendants on notice of material aggravation theory; bariatric surgery was directly related to work injury that required right knee surgery and thus compensable where right knee surgery could not be safely performed before substantial weight loss that would result from bariatric surgery
In re: A.W. & C.W.  (21-634 - Published)   Author: Judge Jefferson Griffin
Expert testimony on sexual abuse; presumption that judge discerns properness of evidence in bench trial; hearsay in abuse adjudication.
In re: Stanly Solar, LLC  (21-188 - Published)   Author: Judge Fred Gore
North Carolina Utilities Commission; Commission?s decision prima facie just and reasonable; Deference afforded to Commission?s interpretation of statute
N.C. Farm Bureau Mut. Ins. Co., Inc. v. Hague  (21-540 - Published)   Author: Judge Jefferson Griffin
Judgment on pleadings; declaratory judgment act; insurance policy; policy exclusions; intentional act; duty to defend/indemnify.
Roark v. Yandle  (21-568 - Published)   Author: Judge Fred Gore
denial of Rule 60(b) motion; attorney?s fees; void judgment
State v. Ballard  (21-202 - Published)   Author: Judge Darren Jackson
motion for appropriate relief; Brady and Napue claims failed because of lack of probability allegedly wrongfully withheld or intentionally false evidence would have changed result of trial had it not been withheld or introduced; evidentiary hearing was required on ineffective assistance of counsel claim to determine whether failure to investigate key alibi witness prejudiced outcome of trial; gatekeeper order prohibiting the filing of future motions for appropriate relief was erroneous where there was no history of filing successive frivolous motions for appropriate relief
State v. Amator  (21-433 - Published)   Author: Judge Chris Dillon
trafficking, traffic stop, license plate, renewal sticker, Commissioner, DMV, reasonable suspicion, mistake of law, registration card, ambiguous
State v. Darr  (21-493 - Published)   Author: Judge Jeff Carpenter
Miranda Rights; interrogation; confession; unambiguous request for counsel; motion to suppress; Fifth Amendment
State v. Kitchen  (21-297 - Published)   Author: Judge Allegra Collins
Driving while intoxicated; motion to suppress medical record evidence; Fourth Amendment right to be free from warrantless search and seizure; harmless beyond a reasonable doubt; no prejudicial error.
State v. Conner  (21-715 - Published)   Author: Judge Fred Gore
Fifth Amendment; custodial interrogation; barricaded suspect; and clerical error
State v. Graham  (21-99 - Published)   Author: Judge Jefferson Griffin
Jury instructions; mandatory presumption; attorney-client privilege; motion to compel.
State v. Strickland  (21-491 - Published)   Author: Judge Lucy Inman
solicitation; first-degree murder; lesser included offense; improper closing argument
Tutterow v. Hall  (21-326 - Published)   Author: Judge Richard Dietz
Underinsured motorist coverage; Motor Vehicle Safety and Financial Responsibility Act; N.C. Gen. Stat. § 20-279.21(b)(4); calculation of coverage when there are multiple underinsured tortfeasors and multiple applicable UIM policies; statutory construction
Unpublished Opinions
3 May 2022  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 23 May 2022 

Cameron Maiwald v. Kristen Maiwald (21-542 - Unpublished)   Author: Judge Fred Gore
Interlocutory, substantial right, and appointment of expert appraiser
Campos v. Hausler (21-521 - Unpublished)   Author: Judge Valerie Zachary
Rule 12(b)(6); sufficiency of allegations; negligence; dog bite
Cecil Holcomb Renovations, Inc. v. L. Firm of Wilson & Ratledge, PLLC (21-65-2 - Unpublished)   Author: Judge Darren Jackson
trial court did not abuse its discretion in disqualifying counsel for violation of Rule 4.2 of the North Carolina Rules of Professional Conduct; trial court had subject matter jurisdiction over law firm's counterclaim for unpaid fees despite failure by law firm to provide notice of North Carolina State Bar's fee dispute resolution program; trial court did not abuse its discretion in excluding certain evidence of law firm's billing practices
Charles Dozier v. Regina Dozier (21-298 - Unpublished)   Author: Judge Fred Gore
equitable distribution; modification of a consent order; Rule 60(b)
Craig Johnson v. Toni Gyurisko (21-86 - Unpublished)   Author: Judge Fred Gore
Modification of Child Custody; Substantial Change of Circumstances; Findings of Fact; and Pure Legal Custody.
Craige Jenkins Liipfert & Walker, LLP v. Woods (21-95 - Unpublished)   Author: Judge Chris Dillon
Interlocutory appeal, substantial right, counterclaims.
Davis v. Smartop (21-470 - Unpublished)   Author: Judge Lucy Inman
Repugnant andcontradictory verdict; election of remedies; jury instruction
Dep't of Transp. v. McLendon Hills Prop. Owners' Ass'n (21-235 - Unpublished)   Author: Judge Darren Jackson
condemnation; necessary and proper parties to suit; trial court did not err in denying condemned landowner's motion to add easement owners as necessary parties and did not abuse its discretion in denying landowner's motion to add easement owners as proper parties
Fuchs v. Storry (21-719 - Unpublished)   Author: Judge Darren Jackson
summary judgment was proper in action for specific performance of separation agreement where deposition testimony and affidavit supporting potential defense was inadmissible under Rule 602 of the North Carolina Rules of Evidence
Huffman v. Huffman (21-104 - Unpublished)   Author: Judge Donna Stroud
equitable distribution, challenges to findings of fact
Hutchins v. CVS Pharmacy (21-345 - Unpublished)   Author: Judge Fred Gore
medical malpractice; loss of consortium and spousal services; alias and pluries summons; chain of summonses; statutes of limitation and repose
In re J.H. (21-667 - Unpublished)   Author: Judge Valerie Zachary
termination of parental rights; writ of certiorari; findings of fact insufficient for appellate review
In re K.L.M.F.J. (21-571 - Unpublished)   Author: Judge Jeff Carpenter
Adjudication of neglect; sufficiency of findings of fact; history of past neglect; lack of ultimate finding of substantial risk of harm; findings consistent with a substantial risk of future neglect.
In re L.M., K.M., K.M. (21-344 - Unpublished)   Author: Judge Fred Gore
consent adjudication order; stipulated facts; neglected juvenile
In Re M.M.G. (21-626 - Unpublished)   Author: Judge Jefferson Griffin
N.C. Gen. Stat. 7B-2506 and -2508; Level 3 disposition; extraordinary needs.
In re N.M.M. (21-499 - Unpublished)   Author: Judge Jefferson Griffin
Rule 3.1, N.C. Gen. Stat. 7B-905.1(a), visitation, disposition, findings of best interest of child.
In Re PL (21-555 - Unpublished)   Author: Judge John Arrowood
3.1; neglect; adjudication; disposition; DSS reasonable efforts.
In re R.C.C.L. (21-640 - Unpublished)   Author: Judge John Arrowood
termination of parental rights; N.C.G.S. 7B-1111(a)(6); inability to care for child; lack of alternative child care arrangement
In re: Slok, LLC (21-352 - Unpublished)   Author: Judge Jeff Carpenter
nonjudicial foreclosure; claim of lien; conditional order; subject matter jurisdiction; valid debt
Matter of KDH, MKH (21-599 - Unpublished)   Author: Judge April Wood
Termination of Parental Rights; Guardianship; Best Interest; Abuse of Discretion; N.C. Gen. Stat. § 7B-1110(a); N.C.R. App. P. 28; Department of Social Services; Dispositional Stage; N.C.R. App. P. 42.
McKernan V. E. Carolina Univ. (21-572 - Unpublished)   Author: Judge Tobias Hampson
Nonjurisdictional Appellate Rules Violation; Rule 28(b)(6); dismissal
Phyllis Mills v. Tara Jackson (21-325 - Unpublished)   Author: Judge Fred Gore
Motion to Dismiss Appeal; Rule 12(b)(6) Motion to Dismiss; Malicious Prosecution; Abuse of Process; and Probable Cause
State v. Davenport (20-628 - Unpublished)   Author: Judge Fred Gore
New trial; Motion to Dismiss; Rule of Evidence 404; Limiting Instructions; and Hearsay
State v. Davis (21-73 - Unpublished)   Author: Judge Fred Gore
proof of prior felony conviction; jury instruction; felonious possession of marijuana
State v. Ireland (21-611 - Unpublished)   Author: Judge John Arrowood
special condition of probation; abuse of discretion; N.C.G.S. 15A-1343
State v. Taylor (21-277 - Unpublished)   Author: Judge Fred Gore
valid indictment; factual basis for plea; sentencing procedures; ? 15A-1024
State v. Thomas (21-396 - Unpublished)   Author: Judge Fred Gore
State v. Vann (20-907 - Unpublished)   Author: Judge Fred Gore
Jury request, NCGS 15A-1233, and judicial discretion
State v. Williams (21-550 - Unpublished)   Author: Judge Jeff Carpenter
Motion to suppress; petition for writ of certiorari; improper notice of appeal; plain error standard; inadequate conclusions of law.
Williams v. Helping Hands Mission (21-424 - Unpublished)   Author: Judge Allegra Collins
Industrial Commission determination of witness credibility; Commission did not err by concluding that Plaintiff failed to meet his burden of proving a compensable injury.
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 18 PETITIONS AND 167 MOTIONS.


Filed: 19 April 2022
Mandate: 9 May 2022
Zip File of Published Opinions

Case Title / Description
In re: A.J.D., Jr.  (21-402 - Published)   Author: Judge Tobias Hampson
Involuntary Commitment Order; Sufficiency of Findings of Fact; Expert Witness Testimony; Preservation of Error; Hearsay
In re: J.A.D.  (21-228 - Published)   Author: Judge Jefferson Griffin
Extortion, material information in charging instruments, physical violence not required for true threats, fatal variance in proof, written findings required under N.C. Gen. Stat. 7B-2411, 7B-2501(c).
Moye-Lyons v. N.C. Dep't of Pub. Instruction  (21-486 - Published)   Author: Judge April Wood
North Carolina Industrial Commission; workers compensation claim; timely filed claim; two-year limitation period; mental incompetency; jurisdiction; subject matter jurisdiction; employment; social security disability claim; representative payee; incompetency adjudication hearing; involuntary commitment; N.C. Gen. Stat. § 97-24(a); N.C. Gen. Stat. § 35A-1101; N.C. Gen. Stat. § 35A-1102; time-barred pursuant to N.C. Gen. Stat. § 97-50; 42 U.S.C. § 416(i).
State v. Ingram  (21-687 - Published)   Author: Judge Allegra Collins
Sufficient evidence of driving while intoxicated, N.C. Gen. Stat. 20-138.1(a)
State v. Benitez  (20-766 - Published)   Author: Judge Donna Stroud
waiver of Miranda for juveniles
State v. Hicks  (20-665 - Published)   Author: Judge April Wood
Aggressor doctrine; self-defense; plain error; jury instructions; exhibits.
State v. Carter  (20-885 - Published)   Author: Judge Lucy Inman
reasonableness of lifetime satellite-based monitoring; recidivist; sex offenses with a child under thirteen; Defendant's Fourth Amendment privacy interests balanced against State's interests and declared efficacy of SBM; totality of circumstances; amendments to SBM laws; Session Law 2021-138, sec. 18(i) and S.L. 2021-182, sec. 2(e) (collectively to be codified at N.C. Gen. Stat. § 14-208.46).
State v. Williamson  (16-631 - Published)   Author: Judge Lucy Inman
motion to dismiss second-degree murder charge; knowingly driving while impaired, when combined with evidence of reckless driving or behavior, may constitute malice; motion for appropriate relief; recanted testimony; privilege against self-incrimination; U.S. Const. Fifth and Sixth Amendments; testimony subject of direct examination as opposed to collateral matters; the trial court may strike testimony in whole or in part or compel witness to testify
Turner v. Oakley  (21-274 - Published)   Author: Judge Allegra Collins
Jurisdiction to modify child custody order; challenged finding of fact supported by substantial evidence; trial court assessed whether a substantial change in circumstances affected the child?s welfare and whether modification of custody was in the child?s best interests; no abuse of discretion in modification of custody.
Unpublished Opinions
19 April 2022  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 9 May 2022 

Davidson v. Davidson (21-72 - Unpublished)   Author: Judge Valerie Zachary
alimony modification; substantial change of circumstances; bad faith; earning capacity; N.C. Gen. Stat. 50-16.3A(b)
Hitchcock v. Rupert (21-458 - Unpublished)   Author: Judge Jeff Carpenter
domestic violence protective order; legitimate purpose; substantial emotional distress; continued harassment
In re L.B., J.D., and C.D. (21-559 - Unpublished)   Author: Judge April Wood
Department of Social Services; Guardian ad Litem; N.C. Gen. Stat. § 7B-906.2; Visitation; Competent Evidence; N.C. Gen. Stat. § 7B-906.1; Best Interest; Permanency Planning Hearing; N.C. Gen. Stat. § 7B-905.1; Abuse of Discretion; and Out-of-State
In re S.D. (21-631 - Unpublished)   Author: Judge Donna Stroud
3.1, neglect, disposition, reunification plan
In Re T.S. (21-342 - Unpublished)   Author: Judge Chris Dillon
involuntary commitment order, mental illness, dangerous to self, dangerous to others, bodily harm, pandemic
In re: C.L., D.L., E.L. & S.L. (21-560 - Unpublished)   Author: Judge John Arrowood
Abuse; neglect; waiver of challenge; best interests of child; clear and cogent evidence.
In re: S.B. and W.J., Jr. (21-532 - Unpublished)   Author: Judge Fred Gore
Termination of parental rights; Request to waive counsel; and N.C.G.S. 7B-1101.1(a1)
Julie Klapp v. Randall Buck (21-494 - Unpublished)   Author: Judge Chris Dillon
negligence, contributory negligence, JNOV, judgment notwithstanding the verdict, motion for directed verdict, damages
Matter of C.M. (21-592 - Unpublished)   Author: Judge April Wood
Permanency Planning; Legal Guardianship; Legal Custody; Juvenile; Reunification; Concurrent Plan; Due Process Clause; Fourteenth Amendment: Parent?s Constitutionally Protected Status; Guardian ad Litem; Department of Social Services; N.C. Gen. Stat. § 7B-906.1; Finding of Fact; Clear and Convincing Evidence; Conclusion of Law; De Novo; and N.C. Gen. Stat. § 7B-1001.
Southeast Caissons, LLC. v. Choate Constr. Grp. et. al. (21-223 - Unpublished)   Author: Judge Tobias Hampson
Construction Contracts; Contract Formation; Negligence and Duty; Exclusion of Relevant Evidence; Motion in Limine; Preservation of Error; Motion for Directed Verdict; Jury Instructions
State v. Adams (21-504 - Unpublished)   Author: Judge John Tyson
Assault with a deadly weapon intent to kill and inflicting serious injury, NCGS 14-32(a); Assault with a deadly weapon inflicting serious injury, NCGS 14-32(b); motion to dismiss; intent to kill; lesser included offense; possession of weapon of mass destruction; prior record level, NCGS 15A-1340.14(c)(4); date of offense, NCGS 15A-1340.14(c).
Warren Paul Kean v. Amy Delene Kean (21-102 - Unpublished)   Author: Judge Lucy Inman
motion to dismiss appeal; interlocutory appeal from order compelling discovery; untimely discovery responses; COVID-19 court system filing extensions; Rules 33 and 34 of North Carolina Rules of Civil Procedure; attorney-client and work-product doctrine objections; assertion of privileges affects substantial right
West 4th, LLC v. Brown (21-362 - Unpublished)   Author: Judge Lucy Inman
Breach of Contract; Summary Judgment; Sale of Real Property
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 18 PETITIONS AND 167 MOTIONS.


Filed: 5 April 2022
Mandate: 25 April 2022
Zip File of Published Opinions

Case Title / Description
Bryan v. Kittinger  (21-98 - Published)   Author: Judge Chris Dillon
Chicken, hens, poultry, household pet, restrictive covenant, amended, Planned Community Act, encumbrance, spouse, written agreement, affirmative vote, duly-called meeting, Rule 59 motion, Rule 60 motion.
Bio-Med. v. N.C. Dep't of Health & Hum. Serv.  (21-318 - Published)   Author: Judge Jefferson Griffin
Certificate of Need; contested case hearing; substantial prejudice.
Osborne v. Redwood Mountain, LLC  (21-515 - Published)   Author: Judge John Tyson
Prior appeal; declaratory judgment; prescriptive easement; motions to dismiss, Rules 12(b)(6), 12(g), 12(h)(2); summary judgment, Rule 56, prescriptive easement.
Daedalus, LLC v. City of Charlotte  (21-329 - Published)   Author: Judge Tobias Hampson
Local Government; Statutory Authority; Ultra Vires; Interlocutory Appeal; Rule 54(b); Substantial Right; Writ of Certiorari
Foxx v. Foxx  (21-346 - Published)   Author: Judge Fred Gore
Subsequent appeal, modification of equitable distribution, and findings of fact
Walker v. K&W Cafeterias  (21-335 - Published)   Author: Judge Valerie Zachary
Workers' Compensation Act; subrogation; choice of law; distribution of attorneys' fees and costs
Barrington v. Dyer  (21-269 - Published)   Author: Judge John Tyson
Will contest; Rule 12(b0(6); res judicata; gatekeeping order factors; attorney's fees factors; award of attorney fees on appeal.
Brady v. Brady  (20-827 - Published)   Author: Judge Allegra Collins
alimony award; amount and duration of alimony; findings supported duration of alimony awarded; findings did not support conclusion of Defendant's ability to pay the amount of alimony awarded; N.C. Gen. Stat. 50-16.3A; equitable distribution; distributive award
Cauley v. Bean  (21-219 - Published)   Author: Judge Allegra Collins
Negligent infliction of emotional distress; NIED; Rule 12(b)(6) motion to dismiss; notice pleading; reasonable foreseeability; severe emotional distress.
Moss v. N.C. Dep't of State Treasurer  (21-60 - Published)   Author: Judge April Wood
Transitional Disability Benefits; Cost of Living Adjustments; Social Security Offset Amount; Rule 12(b)(6); Motion to Dismiss; Administrative Law Judge; De Novo; Rule 12(b)(1); Chapter 135; N.C. Gen. Stat. § 135-112; N.C. Gen. Stat. § 135-9; N.C. Gen. Stat. § 143-64.80; Contract; Judicial Review; N.C. Gen. Stat. § 150B-51; Administrative Agency; Whole Record Standard of Review; Bank Account Statements; Collateral Estoppel
In re: Pop Capitol Towers, LP  (21-357 - Published)   Author: Judge Darren Jackson
property tax commission; appeals to property tax commission were untimely and commission lacked jurisdiction because notices of appeal were not postmarked or received within 30 days after taxpayers' receipt of notices of decision
Preston v. Preston  (21-204 - Published)   Author: Judge Jeff Carpenter
alimony; interlocutory; substantial right; Rule 11 sanctions; absolute divorce
Rosenthal Furs, Inc. v. Fine  (21-403 - Published)   Author: Judge Tobias Hampson
Rule 3.7 of the NC Rules of Professional Conduct; Necessary Witness; Witness-Advocate Rule; Lawyer's right to appear pro se
Russell v. N.C. Dep't of Pub. Safety  (21-482 - Published)   Author: Judge Darren Jackson
Office of Administrative hearings had subject matter jurisdiction over contested case where administrative law judge chose to credit testimony regarding whether grievance was timely filed
Schroeder v. City of Wilmington  (21-192 - Published)   Author: Judge Lucy Inman
Zoning; Land Development Regulation; Statutory Interpretation; Preemption
State v. Bennett  (17-1027-2 - Published)   Author: Judge Donna Stroud (View Supreme Court Opinion)
Batson, jury selection, peremptory strike, step two, step three, race-neutral explanation, burden of proving purposeful discrimination
State v. Bowen  (21-43 - Published)   Author: Judge April Wood
True threat; Extortion; First Amendment; N.C. Gen. Stat. 14-118.4; Unconstitutional; Free Speech Clause
State v. Acker  (21-512 - Published)   Author: Judge John Arrowood
plain error; jury instructions; second-degree murder; self-defense; manslaughter
State v. Jordan  (21-91 - Published)   Author: Judge Allegra Collins
Motion to suppress evidence gathered following warrantless entry into residence, reasonable expectation of privacy in residence searched, exceptions to the warrant requirement.
State v. Jordan  (21-469 - Published)   Author: Judge Tobias Hampson
Motion to Suppress; Reasonable Suspicion; Traffic Stop; Voluntary Consent
State v. Sheffield  (19-282 - Published)   Author: Judge Hunter Murphy
Rule 401; Rule 404(b); evidence of sexual materials; plain error; satellite based monitoring; error of law; in camera review of sealed documents.
Hall v. Wilmington Health, PLLC  (20-864 - Published)   Author: Judge Donna Stroud
COVID-19, interlocutory, substantial right, due process, right to retained counsel, moot, preservation
TAC Stafford, LLC v. Town of Mooresville  (21-229 - Published)   Author: Judge Valerie Zachary
summary judgment; development approvals; off-site improvements; municipal authority; statutory construction; attorneys' fees; reimbursement; exaction; mandamus; mootness
The Soc'y for the Hist. Pres. of the Twenty-Sixth N.C. Troops, Inc. v. City of Asheville  (21-429 - Published)   Author: Judge John Arrowood
motion to dismiss; standing; breach of contract
Unpublished Opinions
5 April 2022  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 25 April 2022 

Brown v. Wortham Williams & Son, Inc. (21-488 - Unpublished)   Author: Judge Lucy Inman
Negligence; Appellate Jurisdiction
Carpenter v. Bank of Am. Corp. (21-478 - Unpublished)   Author: Judge Jefferson Griffin
Rule 60(b); mistake, inadvertence, surprise, or excusable neglect; newly discovered evidence; fraud; other reasons justifying relief.
Carroll at Bellemeade LLC v. Kabuto, Inc. (21-291 - Unpublished)   Author: Judge Darren Jackson
trial court did not abuse its discretion in denying motion to set aside judgment of summary ejectment where tenant was served by posting and failed to appear at trial
Corieka Johnson Newton (now Boykin) v. Chauncey L. Newton (21-604 - Unpublished)   Author: Judge Hunter Murphy
Temporary custody order; interlocutory appeal; lack of jurisdiction.
Heather O'Neal & Fletcher O'Neal v. Arleen Burley & Devil Shoal Oyster and Clam Co., LLP (21-539 - Unpublished)   Author: Judge Jeff Carpenter
Partnership dissolution; classification, distribution, and allocation of partnership property; interlocutory appeal; dismissed
Hill v. Grant (21-479 - Unpublished)   Author: Judge Allegra Collins
Order granting partial summary judgment is an interlocutory order and not immediately appealable. Appellant fails to show a substantial right will be lost absent immediate review.
In re CJO (21-582 - Unpublished)   Author: Judge Darren Jackson
abuse, neglect, and dependency; trial court's adjudication of neglected was supported by factual findings, which were supported by the evidence
In re K.A.B., L.M.A. (21-413 - Unpublished)   Author: Judge Fred Gore
UCCJEA, temporary emergency jurisdiction, visitation
In re K.W. (21-632 - Unpublished)   Author: Judge Hunter Murphy
Appeal from order eliminating reunification; guardian ad litem for a parent; verification of guardians; waiver of constitutionally protected status argument.
In re S.M & D.M. (21-574 - Unpublished)   Author: Judge Allegra Collins
Findings of fact did not support adjudication of neglect where the adjudication order recited multiple allegations from the juvenile petition verbatim or near-verbatimt, lacked ultimate findings regarding pertinent issues, and included findings unsupported by clear and convincing evidence.
In re W.A. (21-536 - Unpublished)   Author: Judge Richard Dietz
gag order, civil contempt, criminal contempt, juvenile petition, social media
In re: S.P.B. (21-524 - Unpublished)   Author: Judge Allegra Collins
Affirming termination of parental rights (TPR); adjudication on ground of willful abandonment; no abuse of discretion; termination in best interests of child.
In the matter of the Last Will and Testament of Alton Gard, Jr. (21-543 - Unpublished)   Author: Judge John Arrowood
caveat; extrinsic fraud; statute of limitation; holographic will
Kumaga v. Kumaga (21-341 - Unpublished)   Author: Judge John Tyson
Verified complaint for divorce; one year separation, NCGS 50-6; subject matter jurisdiction; fraudulent service.
Marshall v. Wortham Williams & Son, Inc. (21-489 - Unpublished)   Author: Judge Lucy Inman
Wrongful death; appellate jurisdiction
Morris v. Morris (21-179 - Unpublished)   Author: Judge Richard Dietz
child support, postseparation support, divorce, findings of fact, equitable distribution, conclusions of law
NAACP, et. al v. State of N. Carolina, et. al (21-446 - Unpublished)   Author: Judge Jeff Carpenter
Facial constitutional challenge of legislative enactment; motion to dismiss based on sovereign immunity; interlocutory appeal; petition for writ of certiorari; lack of standing; vacated
Smith v. Grant (21-67 - Unpublished)   Author: Judge April Wood
North Carolina Child Support Guidelines; Worksheet A; Worksheet B; Child Support Order; Abuse of Discretion; Primary Physical Custody; Share Custody; Per Year.
Smith v. Smith (21-195 - Unpublished)   Author: Judge John Tyson
Absolute divorce, NCGS 50-6; failure to timely assert post-separation support, NCGS 50-11(c); motion to recuse; failure to timely appeal; N.C. Rule Appellate Procedure 3; NCGS 1A-1, Rule 58.
State v. Clark (21-510 - Unpublished)   Author: Judge John Arrowood
jury instruction; flight; assault by strangulation; assault on a female; statutory mandate; sentencing multiple counts of assault
State v. Evans (21-145 - Unpublished)   Author: Judge Chris Dillon
first-degree murder, kidnapping, felon, drug, heroin, motion for appropriate relief, closing argument, prosecution witness, district attorney, drug trafficking, immunity agreement, substantial assistance, evidentiary hearing, impermissible vouching, severance, joinder, limiting instruction, cross-examination
State v. Green (21-391 - Unpublished)   Author: Judge Lucy Inman
Harbison Error; Felony Speeding to Elude Arrest; Petition for Writ of Certiorari
State v. Griffin (21-304 - Unpublished)   Author: Judge Allegra Collins
Petition for writ of habeas corpus under N.C. Gen. Stat. 17-33(2); lawfulness of incarceration during Covid-19 pandemic; affirming summary denial of habeas petition; failure to comply with N.C. Gen. Stat. 17-7.
State v. Hawkins (20-881 - Unpublished)   Author: Judge Richard Dietz
redacted statement to law enforcement, joint trial, Confrontation Clause, evidence, crime scene photograph, motion to disqualify, first degree murder
State v. Hendricks (21-180 - Unpublished)   Author: Judge Valerie Zachary
motion for appropriate relief; procedural default; N.C. Gen. Stat. 15A-1419
State v. Horne (21-545 - Unpublished)   Author: Judge Jefferson Griffin
Anders brief.
State v. Jordan (21-90 - Unpublished)   Author: Judge Allegra Collins
Fourth Amendment; motion to suppress; competent evidence supported findings of fact and findings of fact supported conclusions of law;
State v. Lewis (20-912 - Unpublished)   Author: Judge Chris Dillon
sex offense, indecent liberties, child, witness statement, no objection, DNA, sufficient evidence, Eighth Amendment
State v. Point (21-507 - Unpublished)   Author: Judge Jeff Carpenter
robbery with a dangerous weapon; common law robbery; jury instructions; lesser included offense; attorneys' fees; notice and opportunity to be heard
State v. Powell (20-824 - Unpublished)   Author: Judge Tobias Hampson
Rule 404(b); Indecent Liberties with a Child; Similarity of Prior Sexual Assault
State v. Trull (21-464 - Unpublished)   Author: Judge Jeff Carpenter
Petition for writ of certiorari; post-conviction DNA testing; materiality; no reasonable probability that the verdict would have been more favorable to Defendant
State v. Turner (21-377 - Unpublished)   Author: Judge Allegra Collins
Evidence admissible as a recorded recollection, N.C. Gen. Stat. 8C-1, Rule 803(5); Defendant established neither ineffective assistance of counsel nor ineffective assistance of counsel per se; judgment vacated and remanded for resentencing where lack of documentation of defendant?s prior convictions impeded defendant?s right to appeal his sentence.
State v. Whitford (20-725 - Unpublished)   Author: Judge Hunter Murphy
Pretrial Determination of Immunity; Instructional Error; Repetitive or Excessive Evidence.
Stephen Greene v. Christopher D. Lane (21-407 - Unpublished)   Author: Judge Jeff Carpenter
interlocutory order; substantial right; attorney disqualification; North Carolina Rules of Professional Conduct; conflict of interest
Valdiviez v. Sup. Maint. Org. (21-2 - Unpublished)   Author: Judge Donna Stroud
worker?s compensation, findings of fact
Webb v. N.C. State Highway Patrol (21-570 - Unpublished)   Author: Judge John Tyson
Industrial commission; subject matter jurisdiction; claims of negligence; intentional torts; constitutional claims.
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 18 PETITIONS AND 167 MOTIONS.


Filed: 15 March 2022
Mandate: 4 April 2022
Zip File of Published Opinions

Case Title / Description
Brewton v. N.C. Dep't of Pub. Safety  (21-215 - Published)   Author: Judge Chris Dillon
Industrial Commission, negligent, loss of use and enjoyment, right to compensation, value
Edwards v. Jessup  (21-7 - Published)   Author: Judge Chris Dillon
DWI, revoke, refused, chemical analysis, reasonable grounds, under the influence, asleep, due process, DMV employee
Fearrington v. City of Greenville  (20-877 - Published)   Author: Judge Jefferson Griffin
Red light cameras; subject-matter jurisdiction; exhaustion of administrative remedies; adequate state remedy; standing; N.C. Gen. Stat. ?? 89C-23, 10; procedural due process; substantive due process; N.C. Const. Art. IX, ? 7; Fines and Forfeitures Clause.
Est. of Graham v. Lambert  (21-15 - Published)   Author: Judge Fred Gore
Interlocutory; governmental immunity; public official immunity; and gross negligence
Galloway v. Snell  (21-135 - Published)   Author: Judge Allegra Collins
Reversing and remanding where settlement agreement provision is ambiguous.
In re Godwin Revocable Tr.  (21-351 - Published)   Author: Judge John Tyson
Wills and trusts; mental capacity; undue influence; summary judgment; directed verdict; affidavit; petition for attorneys fees.
In re K.W.  (21-289 - Published)   Author: Judge Fred Gore
Abuse, neglect, and dependency; findings of fact; and affect on the minor child.
Vaitovas v. City of Greenville  (20-889 - Published)   Author: Judge Richard Dietz
Constitutionality of local law concerning traffic cameras; prohibition on local laws relating to health, sanitation and the abatement of nuisances; distinction between material connection and tangential or incidental connection to health
State v. Bradley  (20-873 - Published)   Author: Judge April Wood
Probation Revocation; Possession; Constructive Possession; Actual Possession; Vehicle; Maintain; Abuse of Discretion; Competent Evidence; N.C. Gen. Stat. Section 90-108; N.C. Gen. Stat. Section 15A-1343; and N.C. Gen. Stat. Section 15A-1344.
State v. Porter  (21-275 - Published)   Author: Judge Hunter Murphy
Statutory sentencing range, probationary period, specific findings.
State v. Gallion  (21-375 - Published)   Author: Judge Jeff Carpenter
Sufficient search warrant application; sufficient findings of fact and conclusions of law in suppression order; N.C. Gen. Stat. ? 15-207; suppression of electronic monitoring data; hearsay; firearm identification evidence; sufficient evidence of first degree murder
State v. Mullinax  (20-536 - Published)   Author: Judge Chris Dillon
suppression, seizure, drugs, totality of circumstances, identification, command, walk away, additional officers, search of car, search of person, reasonable person, not free to leave
Town of Midland v. Harrell  (21-46 - Published)   Author: Judge Lucy Inman
Town of Midland; Harrell Land Development Company; dispute over responsibility for maintenance of roads in a development; civil penalties; standing; North Carolina General Statutes, Section 160A-12; Town ordinances; mandatory injunction and order of abatement; Rule 65(d) of North Carolina Rules of Civil Procedure; NCDOT road standards; attorney's fees; North Carolina General Statutes, Section 6-21.7; Town violated unambiguous limits on its authority; North Carolina General Statutes, Section 160A-388(b1) (2017) (recodified as Section 160D-705(b) (2021)).
Unifund CCR Partners v. Young  (20-916 - Published)   Author: Judge Allegra Collins
Action on a judgment; renewal judgment; clerk's jurisdiction to enter default judgment; sum certain jurisdiction; applicability of the Consumer Economic Protection Act; affirmative defense of usury.
Unpublished Opinions
15 March 2022  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 4 April 2022 

Bear Wallow Springs at Lake Toxaway Prop. Owners Ass'n v. Lake Toxaway Cmty. Associat (21-94 - Unpublished)   Author: Judge Richard Dietz
covenants, residential lot, real property, neighborhood, subdivision, summary judgment, maintenance, assessment, restrictive covenant, ascertainable standard, real covenant
Coates v. Cnty. of Durham (21-281 - Unpublished)   Author: Judge Tobias Hampson
interlocutory appeal; appeal of a superior court's remand to a municipal board for further proceedings is interlocutory; special-use permit; attorney's fees
DCW Classroom Designs, Inc. vs. Swartz . (21-288 - Unpublished)   Author: Judge Richard Dietz
appellate review, reply brief, summary judgment, abandoned
Divine Purpose Int'l v. Dellinger (21-30 - Unpublished)   Author: Judge Chris Dillon
sanction, Rule 11, lying, lawful activities.
Hedgecock Lumber Co. v. Willis W. Apple & Willis W. Apple P.A. (21-376 - Unpublished)   Author: Judge Hunter Murphy
Motion to dismiss; discontinuance of summons; preservation.
In Re D.C.F. (21-343 - Unpublished)   Author: Judge Chris Dillon
involuntary commitment, dangerous to self, counsel, due process, preservation, witness
In Re D.K.B. (21-562 - Unpublished)   Author: Judge Darren Jackson
juvenile delinquency; trial court did not err in denying motion to suppress where juvenile suspect's furtive movements and officer's personal knowledge of juvenile's prior firearms offenses provided officer with reasonable suspicion to conduct a weapons frisk; testimony regarding comprehensive clinical assessment was not required and assessment qualified as an interdisciplinary evaluation
In re K.L.L. (21-529 - Unpublished)   Author: Judge John Tyson
Termination of parental rights; NCGS 7B-1111(a)97)willful abandonment; NCGS 7B-1111(a)(1) abused or neglected; NCGS 7B-1111(a0(2) failure to make reasonable progress; clear, cogent and convincing evidence; unchallenged findings of fact.
In re MRR (21-520 - Unpublished)   Author: Judge Chris Dillon
termination of parental rights, neglect, case plan, best interests, juvenile, mental health, parenting, housing, employment, substance abuse, child support, visitation, ultimate findings, permanent plan
In re N.J.D.K. (21-569 - Unpublished)   Author: Judge Jefferson Griffin
Termination of parental rights; willful abandonment; single ground sufficient for termination.
John R. Kochilla v. Mattamy Carolina Corp. (21-410 - Unpublished)   Author: Judge Hunter Murphy
Standing to bring SPCA claim; conflict of laws; trespass; nuisance; judgement on the pleadings.
Ocean Isle W. Homeowners Ass'n, Inc. v. Ocean Point Unit Owners Ass'n, Inc. (21-131 - Unpublished)   Author: Judge Chris Dillon
easement, grant, private road, gate, relocate, HOA, plats.
Patton v. Patton (21-256 - Unpublished)   Author: Judge Chris Dillon
real property, partition, distribution, equitable, equity
Sarvis v. Cnty. of Durham (21-282 - Unpublished)   Author: Judge Tobias Hampson
interlocutory appeal; appeal of a superior court's remand to a municipal board for further proceedings is interlocutory; special-use permit; attorney's fees
Splawn v. Bradshaw (21-412 - Unpublished)   Author: Judge Richard Dietz
interlocutory, substantial rights, appellate review, contract
State of N. Carolina v. Jennifer Ann Jackson, State of N. Carolina v. Timothy James Ray (20-694 - Unpublished)   Author: Judge Jefferson Griffin
Criminal conspiracy; motion to dismiss; lesser-included offense; imperfect self-defense; admissibility of testifying co-defendant?s statements/admissions; Confrontation Clause; limiting jury instruction.
State of N. Carolina v. Kathleen Jane Hayner (20-784 - Unpublished)   Author: Judge Fred Gore
motion to dismiss; neglect of a disabled or elder adult causing serious injury; acting in concert theory; jury instruction.
State of N. Carolina v. Kiyona Lashawn Brown (20-737 - Unpublished)   Author: Judge Tobias Hampson
Castle Doctrine; Possession of a Firearm by a Felon; Pre-trial Determination of Castle Doctrine Immunity; Jury Instructions
State of N. Carolina v. Myleick Shawn Patterson (21-224 - Unpublished)   Author: Judge Hunter Murphy
Prior record level determination; prejudicial error; multiple convictions from single week.
State of N. Carolina v. Robert La'Shaun Holley (20-760 - Unpublished)   Author: Judge Chris Dillon
First-degree murder, sufficient evidence, deadly weapon, ex mero motu, fundamentally unfair, inadmissible statement
State of N. Carolina v. Tyler Michael Harris (21-103 - Unpublished)   Author: Judge Donna Stroud
plea agreement, vacate, repudiate
State v. Albert G. Gurkin, Sr. (21-487 - Unpublished)   Author: Judge Darren Jackson
Anders review; trial court did not err in denying motion for postconviction DNA testing
State v. David Daugherty (21-448 - Unpublished)   Author: Judge Fred Gore
Attorney?s fees and colloquy
State v. Harrison (21-197 - Unpublished)   Author: Judge Chris Dillon
probation, good cause, revocation, jail credit
State v. Robinson (21-382 - Unpublished)   Author: Judge Allegra Collins
Petition for writ of certiorari granted, Anders review revealed no non-frivolous issues, appeal dismissed.
State v. Stinson (20-890 - Unpublished)   Author: Judge Chris Dillon
jury instructions, knowledge footnote, deny knowledge, undercover agent, heroin, Fentanyl
State v. Swanson (21-393 - Unpublished)   Author: Judge Richard Dietz
sentence, probation, trial court, concurrently, judgments, probationary period, imprisonment, clerical error, probation revocation
State v. Wall (20-538 - Unpublished)   Author: Judge Donna Stroud
Habitual felon; substantive felony; motion for joinder; motion to suppress
State v. Zeenalyn Patricia Williams (21-232 - Unpublished)   Author: Judge Valerie Zachary
pleadings; facial validity; arrest warrant; notice; N.C. Gen. Stat. 50B-4.1; domestic violence; protective order
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 18 PETITIONS AND 167 MOTIONS.


Filed: 1 March 2022
Mandate: 21 March 2022
Zip File of Published Opinions

Case Title / Description
Blackwell v. N.C. Dep't of Pub. Instruction  (20-829 - Published)   Author: Judge Chris Dillon
worker?s compensation, lump-sum award, weekly benefits, injury, uncommuted value, mortality table, unusual case
Dismas Charities, Inc. v. City of Fayetteville  (20-914 - Published)   Author: Judge Chris Dillon
special use permit, zoning, halfway house, city council, denial, Standard 7, allows for the protection of property values, competent, material, substantial
Dunhill Holdings, LLC v. Lindberg  (20-384 - Published)   Author: Judge Donna Stroud
discovery sanctions, Rule 37(b)(2), final judgment, mootness, choice of sanctions
Batson v. N.C. Coastal Res. Comm'n  (21-110 - Published)   Author: Judge Richard Dietz
Attorneys' fees; trial court authority to award fees under N.C. Gen. Stat. 6-19.1 in judicial review proceeding challenging agency decision under N.C. Gen. Stat. 113A-121.1; substantial justification for agency decision; sufficiency of findings of fact
In re Magestro  (21-306 - Published)   Author: Judge Lucy Inman
Will Caveat; Declaratory Judgment; Mootness
In re Adoption of C.H.M.  (21-196 - Published)   Author: Judge John Tyson
Adoptions NCGS Chapter 48; parental rights; biological father; Due Process; duty to support
Maddukuri v. Chintanippu  (20-803 - Published)   Author: Judge Fred Gore
Stipulations for settlement and withdrawal of consent.
Parks v. Johnson  (21-51 - Published)   Author: Judge Lucy Inman
declaratory judgment; will interpretation; former spouse; decedent's siblings; North Carolina General Statutes Sections 31-5.4, 31-42(b); testator's intent; unfulfilled condition precedent; residuary devise; intestacy; reversed
Snow Enter., LLC v. Bankers Ins. Co.  (21-41 - Published)   Author: Judge Darren Jackson
bail bonds; quasi-estoppel; unjust enrichment; criminal defendant was estopped from recovering return of bond premium where defendant received the benefit of a re-written bond without notifying surety within a reasonable amount of time that defendant wanted return of bond premium rather than benefit of re-written bond, for which no premium was charged
State v. Guin  (21-150 - Published)   Author: Judge Jefferson Griffin
Harbison error, implied concession of guilt, admission of facts not whole charges, jury instruction, lesser-included offenses, sufficiency of evidence, kidnapping, evidence of confinement distinct from concurrent assault
State v. Hales  (21-121 - Published)   Author: Judge Allegra Collins
Pro se defendant-appellant; violation of a local ordinance, N.C. Gen. Stat. 14-4; trial court's improper application of statutory sentencing requirements; motion to dismiss for selective prosecution; motion to suppress evidence.
State v. Julius  (20-548 - Published)   Author: Judge John Tyson
Motion to suppress, 4th amendment search; identity of driver; probable cause; reasonable suspicion; search incident to arrest; jury instructions.
State v. Graham  (21-440 - Published)   Author: Judge Fred Gore
Probation revocation; NCGS 15A-1344(a).
State v. Essick  (21-134 - Published)   Author: Judge Valerie Zachary
N.C. Gen. Stat. 15A-1340.17(f); statutory sentence enhancements; habitual felon; reportable convictions; sex-offender registry; unauthorized term of imprisonment
State v. Pettiford  (21-348 - Published)   Author: Judge April Wood
Probation; revocation; misdemeanor breaking or entering; competent evidence; and abuse of discretion.
Unpublished Opinions
1 March 2022  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 21 March 2022 

Gregory E. Lindberg v. Tisha L. Lindberg (21-283 - Unpublished)   Author: Judge John Arrowood
interlocutory appeal; substantial right; arbitration
Harris v. Harris (20-700 - Unpublished)   Author: Judge Chris Dillon
child custody, contempt, attorney?s fees, consent order, substantial change of circumstances, welfare
Hicks v. Hicks (21-246 - Unpublished)   Author: Judge Tobias Hampson
Rule 60(b)(6); Modifying Consent Order; Mutual Mistake
In re: K.W-M. (21-251 - Unpublished)   Author: Judge Fred Gore
denial of visitation; challenged findings of fact; testimony at disposition
In the Matter of T.B. (21-349 - Unpublished)   Author: Judge Tobias Hampson
Involuntary Commitment; Sufficiency of Findings; Impartial Tribunal
Lowrey v. Choice Hotels Int'l, Inc. (21-199 - Unpublished)   Author: Judge Jefferson Griffin
Interlocutory appeal; substantial right; discovery order; reconsideration order
Rashunda Harrison v. Richard F. Morris (21-66 - Unpublished)   Author: Judge Fred Gore
Motion to dismiss; statute of limitations; and continuing course of treatment doctrine
Smoky Mountain Country Club Prop. Owners Ass'n, Inc. v. Robert E. Dungan . (21-128 - Unpublished)   Author: Judge John Arrowood
legal malpractice; motion to dismiss; statute of limitations; N.C. Gen. Stat. 1-15(c).
State of N. Carolina v. Barry Carnell McCrae (20-847 - Unpublished)   Author: Judge Donna Stroud
conspiracy to commit murder, motion to dismiss, opinion testimony, jury instructions
State of N. Carolina v. Bobby Johnson (21-241 - Unpublished)   Author: Judge John Tyson
Postconviction DNA testing; NCGS 15A-269(a); law of the case; sworn affidavit; no showing of different result.
State v. Brandon Darryl Murphy (21-244 - Unpublished)   Author: Judge Chris Dillon
probation, suspended sentence, possession of drug paraphernalia, possession of marijuana drug paraphernalia, new crime, abuse of discretion
State v. Calvin Lindale Kelly, Jr. (21-287 - Unpublished)   Author: Judge Lucy Inman
Sentencing; out-of-state convictions, substantial similarity to North Carolina offenses
State v. Cochran (21-87 - Unpublished)   Author: Judge Donna Stroud
prior criminal convictions, sentencing levels, stipulations, substantial similarity
State v. Joseph Murdock (20-547 - Unpublished)   Author: Judge Tobias Hampson
Motion to Suppress; Fourth Amendment; Reasonable Expectation of Privacy; Executing Writ of Possession
State v. Melvin (18-843-2 - Unpublished)   Author: Judge Richard Dietz
Armed robbery; kidnapping; conspiracy to commit armed robbery; joint trial; denial of motion for severance; conflicting evidence presented by co-defendants; determination of prejudice
State v. Pamela Denise Brooks (21-185 - Unpublished)   Author: Judge Lucy Inman
Anders Appeal; Probation Revocation; Petition for Writ of Certiorari
State v. Ryan Keith Moore (20-733 - Unpublished)   Author: Judge Donna Stroud
Plain Error, lesser included offense, State's closing argument
State v. Travis Ray Overcash (21-217 - Unpublished)   Author: Judge Donna Stroud
Rule of Completeness, Preservation, Prejudice
Vizcaino v. Am. Emerald Transp. Servs., Inc. (21-299 - Unpublished)   Author: Judge Valerie Zachary
Worker's Compensation Act; Insurance Guaranty Act; covered claim; estoppel; N.C. Gen. Stat. 97-19.1; ancillary jurisdiction of the Industrial Commission; reimbursement
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 18 PETITIONS AND 167 MOTIONS.


Filed: 15 February 2022
Mandate: 7 March 2022
Zip File of Published Opinions

Case Title / Description
Bryant v. Wake Forest Univ. Baptist Med. Ctr.  (21-138 - Published)   Author: Judge Darren Jackson
medical malpractice; object left in body during surgery; summary judgment was proper on claims for actual and constructive fraud because there was no evidence of deceptive intent or fiduciary relationship between physician and patient; res ipsa loquitor did not apply because elements of both standard of care and breach required expert testimony; summary judgment on medical malpractice claim was proper because four-year rather than ten-year statute of limitations applied because evidence was uncontroverted that object left in body was intended to be left in body permanently for purpose of medical treatment; punitive damages claim failed where all other claims did not withstand summary judgment
Cty. of Mecklenburg v. Ryan  (21-205 - Published)   Author: Judge April Wood
Service of process; notice; due diligence; real property; good faith purchaser; tax lien; tax collector; right of redemption; redemption; disability; email; petition for writ of certiorari; default judgment; confirmation of sale; upset bids; foreclosure; commissioner's deed; N.C. Gen. Stat. ? 105-361; restitution
Dep't of Transp. v. Bloomsbury Est., LLC  (21-323 - Published)   Author: Judge John Tyson
Summary judgment; motion to consolidate; expert opinion of valuation; NCGS 47C-117(b); NCGS 47C-1-107; NCGS 1A-1, Rule 42(a); NCGS 136-108.
Dow-Rein v. Sarle  (21-267 - Published)   Author: Judge Richard Dietz
Personal jurisdiction; specific jurisdiction; sufficiency of contacts; purposeful availment
Mahone v. Home Fix Custom Remodeling  (21-292 - Published)   Author: Judge John Arrowood
Industrial Commission; Workers' Compensation Act; legal standard for determining compensability of injury; attendant care benefits; Workers' Compensation Rule 614; discovery sanctions.
Medina v. Medina  (21-157 - Published)   Author: Judge April Wood
Sua sponte; Rule 60(b)(1); Parenting Coordinator; Writ of Certiorari; de novo; N.C. Gen. Stat. § 50-99, N.C. Gen. Stat. § 50-92.
State v. Green  (21-151 - Published)   Author: Judge Tobias Hampson
first-degree murder; voluntary intoxication; admission of real evidence
State v. Shuler  (19-967-2 - Published)   Author: Judge John Tyson (View Supreme Court Opinion)
Right to remain silent; defense of duress; constitutional error; remand from Supreme Court; harmless beyond a reasonable doubt; no comment by State during closing.
Walker-Snyder v. Snyder  (21-186 - Published)   Author: Judge Jefferson Griffin
Domestic violence protective order; subject-matter jurisdiction; civil summons; competent evidence of domestic violence; harassment; substantial emotional distress
Unpublished Opinions
15 February 2022  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 7 March 2022 

Abernathy v. Mission Health Sys., Inc. (21-253 - Unpublished)   Author: Judge Richard Dietz
Summary judgment; elements of Retaliatory Employment Discrimination Act (REDA) claim; employer-employee relationship
Cecil Holcomb Renovations, Inc. v. L. Firm of Wilson & Ratledge, PLLC (21-65 - Unpublished)   Author: Judge Darren Jackson
trial court did not abuse its discretion in disqualifying counsel based on violation of Rule 4.2 of Rules of Professional conduct; trial court had subject matter jurisdiction over counterclaim for unpaid legal fees despite absence of a notification regarding state bar's fee dispute resolution program; trial court did not err or abuse its discretion by excluding certain evidence of billing practices
Coghill v. Brown (21-361 - Unpublished)   Author: Judge Richard Dietz
Summary ejectment; summary judgment; month-to-month tenancy
Dow-Rein v. Sarle (21-262 - Unpublished)   Author: Judge Richard Dietz
Personal jurisdiction; sufficiency of contacts; purposeful availment; mandate rule
Grace Ridge Gateway Terrace Durham, LLC v. Mattress Firm, Inc. (21-334 - Unpublished)   Author: Judge Hunter Murphy
Summary ejectment; waiver; landlord and tenant.
In re E.M. (21-564 - Unpublished)   Author: Judge Hunter Murphy
Child abuse, neglect, and dependency; Subject matter jurisdiction; Juvenile petitions.
In re L.J.J. (21-234 - Unpublished)   Author: Judge Tobias Hampson
Adjudication Order; Controlled Substance; Sufficiency of the Evidence
In re Z.B. (21-405 - Unpublished)   Author: Judge Darren Jackson
abuse, neglect, and dependency; trial court's adjudication of neglect was based on more than prior adjudications of abuse and neglect of sibling
Jones v. Atlas Distribs., LLC (21-214 - Unpublished)   Author: Judge Richard Dietz
Personal jurisdiction; Rule 12(b)(2) dismissal; standard of review
Jones v. Brock & Scott, PLLC (20-792 - Unpublished)   Author: Judge Tobias Hampson
Rule 12(b)(6); Motion to Dismiss; Fair Debt Collection Practices Act; North Carolina Debt Collection Act
Nehemiah v. Ameriglide, Inc. (21-122 - Unpublished)   Author: Judge Donna Stroud
Rule 3, Rule 9, notice of appeal
State v. Bates (21-423 - Unpublished)   Author: Judge Jefferson Griffin
Motion to suppress; Fourth Amendment; consent; apparent control
State v. English (20-595 - Unpublished)   Author: Judge Darren Jackson
trial court did not err in concluding defendant failed to make prima facie Batson challenge; no abuse of discretion by refusal to strike prospective jurors and give curative instruction; no error in overruling relevancy objection to expert's testimony or excluding portion of expert's report
State v. McGill (21-453 - Unpublished)   Author: Judge John Arrowood
habitual larceny; essential elements; N.C. Gen. Stat. 14.72; N.C. R. App. P. 4
State v. Porter (21-237 - Unpublished)   Author: Judge Richard Dietz
Assault with deadly weapon; denial of motion to dismiss; self-defense; defense of habitation
State v. Thomas (20-814 - Unpublished)   Author: Judge Tobias Hampson
capacity to proceed; competency hearing; ineffective waiver of counsel; structural error
State v. Washington (20-844 - Unpublished)   Author: Judge Allegra Collins
Sixth Amendment right to counsel; forfeiture of right to counsel; waiver of assigned counsel; pro se defendant; egregious and dilatory conduct; new trial.
State v. Young (20-523 - Unpublished)   Author: Judge Donna Stroud
indictment, lesser-included offense, swapping horses, Rule 403
Thomas v. Century Emp. Org., LLC (21-399 - Unpublished)   Author: Judge John Tyson
Workers' compensation; employer-employee relationship; special employee; NCGS 97-51; NCGS 58-48-55(a1).
Utley v. Swann's Mill Homeowners Ass'n (21-166 - Unpublished)   Author: Judge Darren Jackson
foreclosure sale; third-party bidder from whom plaintiff did not seek to recover damages had standing to move to dismiss plaintiff's complaint; record demonstrated that trial court did not consider outside the pleadings in granting motion to dismiss, thus not converting ruling to summary judgment; plaintiff failed to timely file an upset bid under provisions of emergency COVID-19 orders extending filing times and deadlines
Vanguard Sports Grp., LLC v. Smith (21-420 - Unpublished)   Author: Judge John Tyson
Summary judgment; limited liability company; amendment to operating agreement; ownership interests.
Verdone v. Verdone (20-888 - Unpublished)   Author: Judge Hunter Murphy
Nonjudicial partnership dissolution; Conflict of laws, substance and procedure; Direct and derivative suits.
Williams v. Johnson (21-340 - Unpublished)   Author: Judge Jefferson Griffin
Child custody erroneously granted to non-party
Wooten v. Wooten (21-367 - Unpublished)   Author: Judge Jeff Carpenter
Separation; Divorce; Alimony; Higher Education Contributions; Fraud; Warranty of Disclosure; Rescission; Ratification; Motion for Summary Judgment; Specific Performance
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 18 PETITIONS AND 167 MOTIONS.


Filed: 1 February 2022
Mandate: 21 February 2022
Zip File of Published Opinions

Case Title / Description
Alexander v. NC State Bd. of Elections  (21-77 - Published)   Author: Judge Jeff Carpenter
district court judicial elections; three-judge panel; attorneys fees; mootness
Guy M. Turner Inc. v. KLO Acquisition LLC  (21-118 - Published)   Author: Judge Jeff Carpenter
Summary judgment; genuine issues of material fact; N.C. Gen. Stat. ? 1-440.28; garnishment action; assertion of right to setoff; assertion of perfected security interest; no waiver of right to setoff
In re: Chastain  (21-127 - Published)   Author: Judge Chris Dillon
removal, clerk, misconduct, affidavit, official, rule of necessity, recusal, corruption, malpractice, disqualification, willful misconduct, sanction, due process, jurisdiction
Miller v. LG Chem, Ltd.  (20-687 - Published)   Author: Judge John Tyson
products liability; lack of specific jurisdiction; NCGS 1-75.4; causal connection; related to; minimum contacts; stream of commerce
Moore v. Trout  (20-166 - Published)   Author: Per Curiam
Jurisdiction; easement; interlocutory appeal.
Rimmer v. Town of Chapel Hill  (20-895 - Published)   Author: Judge Allegra Collins
Workers' compensation, notice of occupational disease, N.C. Gen. Stat. ? 97-22, timely filing of workers' compensation claim, N.C. Gen. Stat. ? 97-58
State v. Draughon  (21-177 - Published)   Author: Judge John Arrowood
motion to suppress; motion to dismiss; motion for judgment notwithstanding the verdict; AWDWIKISI; conspiracy
State v. King  (21-93 - Published)   Author: Judge Jefferson Griffin
Automatism, unconsciousness, self-serving evidence, sufficient evidence of premeditation and deliberation, voir dire questioning, closing arguments
State v. McKoy  (20-805 - Published)   Author: Judge Valerie Zachary
exclusion of evidence; Rule 403; prejudicial error
State v. Robinson  (21-137 - Published)   Author: Judge Tobias Hampson
Criminal contempt; summary proceedings
Unpublished Opinions
1 February 2022  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 21 February 2022 

Almason v. Southgate on Fairview Condo. Ass'n, Inc. (21-57 - Unpublished)   Author: Judge Tobias Hampson
Declaratory judgement; violation of HOA bylaws
Assoc. MD, LLC v. Metabolic Med., LLC (21-146 - Unpublished)   Author: Judge Richard Dietz
Breach of contract; denial of motion to set aside entry of default; grant of Rule 60 motion to set aside summary judgment; good cause
Best Choice Prods. v. Hendrick, Bryant, Nerhood, Sanders & Otis, LLP (21-163 - Unpublished)   Author: Judge Jeff Carpenter
Motion to dismiss pursuant to Rule 12(b)(6); statute of limitations; N.C. Gen. Stat. § 1-15; legal malpractice claim; cause of action accrual; no bar to recovery on face of complaint
Bossian v. Chica (21-381 - Unpublished)   Author: Judge John Arrowood
interlocutory order; risk of inconsistent verdicts; Rule 11 sanctions; Rule 12(b)(6)
Chalileh v. Jenkins (21-327 - Unpublished)   Author: Judge Tobias Hampson
Motion to dismiss; statute of limitations; Rule 41
Evans v. Myers (20-52 - Unpublished)   Author: Judge Richard Dietz
Child custody; grandparent standing to intervene; actions inconsistent with constitutionally protected parental status; sufficiency of findings of fact
In re D.A. (21-312 - Unpublished)   Author: Judge April Wood
Juvenile; assault inflicting serious bodily injury; writ of certiorari; Fifth Amendment; self-incrimination; N.C. Gen. Stat. § 7B-2405; restitution; N.C. Gen. Stat. § 7B-2501; and N.C. Gen. Stat. § 7B-2506.
In re Foreclosure of Noori (20-728 - Unpublished)   Author: Judge Chris Dillon
Deed of Trust, Equitable Defense, Legal Defense, Rule 9, Necessary Documents, Amend the Record.
Jenkins v. Wells Fargo Bank, NA (21-336 - Unpublished)   Author: Judge Jeff Carpenter
Workers' Compensation Act; no compensable injury by accident; preservation of issue; sufficient findings of fact and conclusions of law
N.C. Farm Bureau Mut. Ins. Co., Inc. v. Kerby (20-883 - Unpublished)   Author: Judge Hunter Murphy
Insurance policies; exclusionary clauses; intentional acts.
State v. Adams (20-865 - Unpublished)   Author: Judge April Wood
Motion to suppress; warrantless search; warrantless seizure; traffic stop; Terry stop; reasonable suspicion; reasonable, articulable suspicion; community caretaking doctrine; Fourth Amendment; Controlled Substances Act; driving with suspended license.
State v. Denny (21-384 - Unpublished)   Author: Judge Jefferson Griffin
Anders review, post-conviction DNA testing, petition for writ of certiorari
State v. Faulk (21-55 - Unpublished)   Author: Judge Lucy Inman
First Degree Murder; Motion to Suppress; Exigent Circumstances; Warrant Requirement
State v. Glasson (20-15 - Unpublished)   Author: Judge Donna Stroud
aggravating factor, position of trust or confidence, bad acts evidence, disclosure
State v. Largen (21-164 - Unpublished)   Author: Judge Richard Dietz
Voluntary manslaughter; robbery with dangerous weapon; sufficiency of factual basis; calculation of prior record level
State v. Lewis (21-301 - Unpublished)   Author: Judge April Wood
Anders brief; wholly frivolous; attorney fees; possession of a firearm by a felon; homicide; suicide; crime scene; defense of accident; second-degree murder; Alford plea; sentencing; prior record level
State v. McCauley (21-266 - Unpublished)   Author: Judge Valerie Zachary
satellite-based monitoring; Fourth Amendment; aggravated offense
State v. Nougier (21-63 - Unpublished)   Author: Judge Richard Dietz
Attempted first degree murder; sufficiency of evidence of premeditation and deliberation; denial of request for jury instructions; attempted voluntary manslaughter; voluntary intoxication
State v. Parker (21-474 - Unpublished)   Author: Judge Jeff Carpenter
N.C. Gen. Stat. ? 15A-1444(a2)(2); guilty plea; court costs imposed across two judgments; alleged violation of N.C. Gen. Stat. ? 7A-304(a); no subject matter jurisdiction; appeal dismissed
State v. Poss (21-365 - Unpublished)   Author: Judge John Tyson
Assault with a deadly weapon inflicting serious injury; deadly weapon per se; overwhelming evidence of guilt; invited error.
State v. Sanford (20-607 - Unpublished)   Author: Judge April Wood
Motion to dismiss; injury to real property; jury instructions; trespass; damage to real property; lease; reasonable belief; claim of right; motion in limine; preservation; appellate review; plain error; right to present a defense; felony; misdemeanor; intent
State v. Torres (21-69 - Unpublished)   Author: Judge Richard Dietz
Indecent liberties; admission of corroborative testimony about out of court statements
State v. Viers (20-806 - Unpublished)   Author: Judge Lucy Inman
Expert Testimony; Impermissible Vouching for Witness Credibility; Preservation; Prejudicial Error
Tuel v. Tuel (21-187 - Unpublished)   Author: Judge John Arrowood
child custody; relocation; findings of fact; appellate mandate; Ramirez-Barker v. Barker; abuse of discretion
Wattley v. Wortham-Thomas (20-804 - Unpublished)   Author: Judge Donna Stroud
interlocutory appeal, substantial right
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 18 PETITIONS AND 167 MOTIONS.


Filed: 18 January 2022
Mandate: 7 February 2022
Zip File of Published Opinions

Case Title / Description
Carmichael v. Cordell  (21-317 - Published)   Author: Judge John Tyson
Personal jurisdiction; minimum contacts; in personam jurisdiction, NCGS 1-75.4; in rem jurisdiction, NCGS 1-75.8; property located within NC; abuse of discretion.
Dan King Plumbing Heating & Air Conditioning, LLC v. Harrison  (20-698 - Published)   Author: Judge Darren Jackson
unfair and deceptive practices; reliance on false signature could not be shown where party was unaware of the signature; trial court erred in concluding that claims for unfair and deceptive practices failed where party was sold duplicate warranties; remand required to determine the reasonableness of any reliance on duplicate warranties; trial court did not abuse its discretion in refusing to allow amendment of counterclaim during trial; trial court erred by failing to grant motion for directed verdict on defective workmanship claim because no expert testimony supported claim that workmanship was defective, as required; attorney's fees issue was not preserved for appellate review where no ruling was obtained on the request prior to appeal being noticed; trial court did not abuse its discretion in directing the order of closing arguments, if issue was preserved for appellate review
Davis v. Lake Junaluska Assembly, Inc.  (21-333 - Published)   Author: Judge John Tyson
Summary judgment; NCGS 47F; NC Planned Community Act; Applicability; Assessments; Disclosure of records;
In re: A.P.  (21-310 - Published)   Author: Judge Jeff Carpenter
Permanency planning order; reasonable accommodations for respondent-parent; sufficient findings of fact and conclusions of law; visitation order; substantial discretion to guardian over visitation; future review hearings
Monroe v. MV Transp.  (21-316 - Published)   Author: Judge John Arrowood
North Carolina Industrial Commission; disability benefits; showing of futility; remanded for further findings.
Sprouse v. Mary B. Turner Trucking Co. LLC  (20-874 - Published)   Author: Judge John Tyson
Workers compensation; NCGS 97-22; causal relation; timely notice; burden to show lack of prejudice.
State of NC Ex. Rel. Utils. Comm'n v. Friesian Holdings, LLC  (20-867 - Published)   Author: Judge Lucy Inman
North Carolina Utilities Commission; independent solar energy plant; certificate of public convenience and necessity; North Carolina General Statutes Section 62-110.1(a); FERC crediting policy; no federal preemption; levelized cost of transmission test; cost to ratepayers; purchase power agreement; affirm the Commission's denial of application
State v. Brichikov  (20-660 - Published)   Author: Judge Hunter Murphy
Lesser included instruction; involuntary manslaughter; culpable negligence; prejudicial error; State v. Debiase.
State v. Cataldo  (20-740 - Published)   Author: Judge Allegra Collins
Motion for Post Conviction Discovery; Motion for Appropriate Relief; law of the case doctrine; scope of discovery order; in camera review; Pennsylvania v. Ritchie
State v. Crew  (20-721 - Published)   Author: Judge Richard Dietz
Motion to dismiss; leading question during direct examination; plain error; restitution; authority to immediately convert restitution award to civil judgment
State v. Guinn  (21-153 - Published)   Author: Judge Valerie Zachary
modification of probation; right to counsel; waiver; N.C. Gen. Stat. 15A-1242; subject-matter jurisdiction
State v. Heath  (20-715 - Published)   Author: Judge Donna Stroud
motion to suppress, conflicting material evidence
State v. Steele  (20-894 - Published)   Author: Judge Valerie Zachary
embezzlement; fiduciary duty; jury instructions
State v. Ward  (21-303 - Published)   Author: Judge John Tyson
Sixth amendment, right to counsel, self-representation, expert witness, bolstering credibility of prosecuting witness, plain error review, ineffective assistance of counsel.
Unpublished Opinions
18 January 2022  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 7 February 2022 

Enoch v. Monarch (20-585 - Unpublished)   Author: Judge Richard Dietz
Workers' compensation; denial of additional treatment; award of attorneys' fees for unfounded litigiousness under N.C. Gen. Stat. 97-88.1
In re J.B. (21-457 - Unpublished)   Author: Judge John Arrowood
Modification of child custody order; substantial change of circumstances; N.C.G.S. 50-13.7
Kim v. Calloway (21-52 - Unpublished)   Author: Judge Richard Dietz
Contempt; failure to pay child care expenses under court order; willfulness requirement; insufficient findings of fact
McGirt v. Durham Cnty. Gov't (21-261 - Unpublished)   Author: Judge Darren Jackson
wrongful death while in custody; interlocutory appeal based on sovereign, governmental, or qualified immunity; trial court correctly granted in part and denied in part motion to dismiss; no immediate appeal of right existed from trial court's denial of claim for temporary or permanent injunction
Miller v. E. Band of Cherokee Indians (21-206 - Unpublished)   Author: Judge April Wood
Motion to dismiss; sovereign immunity; tribal defendants; Native American tribe; Eastern Band of Cherokee Indians; interlocutory; appellate jurisdiction; real property; easements
Revis v. Schleder (21-360 - Unpublished)   Author: Judge April Wood
Res ipsa loquitur; negligence; medical negligence; medical malpractice; special pleading requirements; Rule 9(j); Rules of Civil Procedure; motion to dismiss; interlocutory appeal; appellate jurisdiction; and vicarious liability.
Roth v. Roth (21-84 - Unpublished)   Author: Judge Valerie Zachary
modification of child support; calculation of gross income; witness credibility; issue abandoned on appeal
State v. Dawson (21-372 - Unpublished)   Author: Judge John Arrowood
Anders brief; prior record level; sentence dispositions; sentence duration
State v. Hugayes (20-756 - Unpublished)   Author: Judge Hunter Murphy
Invited instructional error; indecent liberties; double jeopardy.
State v. Johnson (20-820 - Unpublished)   Author: Judge Richard Dietz
Ineffective assistance of counsel claim; opening door to inadmissible evidence; sufficiency of evidence of two separate assaults
Woodforest Nat'l Bank v. Edwards Brothers Malloy, Inc. (20-217 - Unpublished)   Author: Judge Hunter Murphy
Right to appeal; motion to intervene; Rule 3; abandonment.
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 18 PETITIONS AND 167 MOTIONS.


Filed: 4 January 2022
Mandate: 24 January 2022
Zip File of Published Opinions

Case Title / Description
Asare v. Asare  (20-708 - Published)   Author: Judge Donna Stroud
alimony, divisible property, unequal distribution
Barus v. Coffey  (20-823 - Published)   Author: Judge Donna Stroud
Rule 12(b)(6), motion to modify child support
In re: K.H.  (21-379 - Published)   Author: Judge Allegra Collins
Trial court did not err in adjudicating juvenile neglected, N.C. Gen. Stat. § 7B-101(15); trial court properly admitted drug test results pursuant to the business records exception to the hearsay rule, N.C. Gen. Stat. § 8C-1, Rule 803(6), trial court did not abuse its discretion in juvenile disposition order.
State v. Hogan  (20-795 - Published)   Author: Judge Donna Stroud
excuse juror for cause; clerical error
State v. Redmond  (21-212 - Published)   Author: Judge Jefferson Griffin
Fatal variance, special property interest, injury to personal property, restitution, unsold property, market value not speculative
State v. Thompson  (20-434 - Published)   Author: Judge Hunter Murphy
Motion to dismiss; fleeing to elude arrest; reasonable articulable suspicion; probable cause; N.C.G.S ? 15A-401.
Unpublished Opinions
4 January 2022  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 24 January 2022 

Albright v. Equity Lifestyle Props., Inc. (20-900 - Unpublished)   Author: Judge Jeff Carpenter
motion to compel arbitration; arbitration; substantial right; wrongful death; scope of arbitration; validity of arbitration agreement
Dotson v. Barber (21-45 - Unpublished)   Author: Judge Donna Stroud
untimely notice of appeal
Fleming v. Cedar Mgmt. Grp., LLC (21-213 - Unpublished)   Author: Judge Valerie Zachary
motion to dismiss; transfer fee; Chapter 39A; denial of leave to amend complaint
Hendrixson v. Div. of Soc. Servs. (20-282 - Unpublished)   Author: Judge Hunter Murphy
Medicaid; Medicare; dual eligible; N.C.G.S. § 108A-55.1; unpromulgated rule; Duke Univ. Med. Ctr. v. Bruton.
In re D.B. (21-426 - Unpublished)   Author: Judge Jefferson Griffin
Child custody, cessation of reunification as secondary plan
In re K.T.B. (21-435 - Unpublished)   Author: Judge Darren Jackson
independent review under Anders and In re LEM revealed no meritorious issue where counsel did not argue error in trial proceedings
In re T.C.M. (21-242-2 - Unpublished)   Author: Judge Chris Dillon
juvenile, caretaker, reunification, visitation, grandfather, mental health, placement, removal parent, dependent, venue, minor, subject matter jurisdiction, standing, social services, DSS, conflict of interest, disposition, adjudication
Lantz v. Lantz (21-168 - Unpublished)   Author: Judge Allegra Collins
Grandparent custody; standing; consent order; N.C. Gen. Stat. 50-13.1
Reverse Mortg. Sols., Inc. v. Dufault (21-159 - Unpublished)   Author: Judge Tobias Hampson
Motion to Dismiss; Failure to State a Claim; Quiet Title; Description of Land in Deed
State v. Acklin (21-385 - Unpublished)   Author: Judge Jefferson Griffin
Alford plea, sufficiency of indictment, obstruction of justice, essential element, repudiation of plea
State v. Bowens (20-796 - Unpublished)   Author: Judge April Wood
Dismissed, plea, plea agreement, factual basis, writ of certiorari.
State v. Cox (21-290 - Unpublished)   Author: Judge Tobias Hampson
Pro Se Filing; Motion for Appropriate Relief
State v. Daw (20-842 - Unpublished)   Author: Judge Darren Jackson
trial court did not err in denying the defendant's motion to dismiss because substantial evidence existed of his deceptive intent
State v. Locklear (20-790 - Unpublished)   Author: Judge Chris Dillon
First-degree murder, robbery, dangerous weapon, search warrant, plea deal, ineffective assistance of counsel, trial counsel, prejudice, jury
State v. Marion (20-729 - Unpublished)   Author: Judge April Wood
Equal protection; selective prosecution; racial discrimination; similarly situated; felony murder; accessory after the fact; motion for appropriate relief; post-conviction discovery; findings of fact; conclusions of law; evidentiary hearing; competent evidence; and petition for writ of certiorari.
State v. Miles (20-853 - Unpublished)   Author: Judge Darren Jackson
State v. Ruth (20-657 - Unpublished)   Author: Judge April Wood
Attempted murder; possession of a firearm by a felon; discharging a firearm into an occupied vehicle in operation; attempted murder; felony fleeing to elude arrest; assault with a deadly weapon with intent to kill; jury selection; voir dire; Batson objection; racial discrimination; moot; burden of proof; race-neutral explanation; and assault with a firearm on a law enforcement officer.
State v. Stewart (21-101 - Unpublished)   Author: Judge Chris Dillon
sexual assault, massage, sexual battery, sexual offense, indictment, essential element, force, purpose, subject matter jurisdiction
Vance v. Laurels Healthcare Holdings (21-198 - Unpublished)   Author: Judge Jeff Carpenter
Workers' Compensation Act; injury by accident; extra exertion; insufficient finding of fact and conclusion of law; reversed and remanded