Court of Appeals Opinions
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Filed: 6 November 2018 Mandate: 26 November 2018 Zip File of Published Opinions Case Title / Description | |
| Appalachian Materials, LLC v. Watauga Cty. (18-188 - Published)
High impact land use ordinance; Statutory Construction; Plain meaning; Expressio unius est exclusio alterius canon of construction | |
| Boone Ford, Inc. v. IME Scheduler, Inc. (16-750-2 - Published)
(View Supreme Court Opinion) Civil procedure; waiver; failure to move for directed verdict waived right to move for judgment notwithstanding the verdict (JNOV); failure to move for new trial under Rule 59 waived right to challenge allegedly inconsistent jury findings; directed verdict proper on negligent misrepresentation claim barred under economic loss rule | |
| Carlton v. Burke Cty. Bd. of Educ. (18-62 - Published)
Negligent infliction of emotional distress. | |
| Chavez v. Carmichael (18-317 - Published)
writ of habeas corpus; subject matter jurisdiction, mootness-public interest; immigration and customs enforcement detainer requests; 287(g) Agreement, 8 USC sec. 1357; Supremacy Clause, US Const. art VI, cl. 2; Immigration and Naturalization Clause, US Const. art. I, sec. 8, cl. 4. | |
| NationStar Mortg. LLC v. Curry (18-351 - Published)
Estate sale of real property, commissioner's deed, prior recorded deed of trust, party to special proceeding, receipt of notice, lien, proceeds of judicial sale. | |
| PHG Asheville, LLC v. City of Asheville (18-251 - Published)
Conditional use permit; prima facie showing; competent substantial material evidence; de novo review of question of law; expert testimony; quasi-judicial standards. | |
| QUB Studios, LLC v. Marsh (18-205 - Published)
Motion to reconsider; Motion for relief; Amended complaint; Relate back; Collateral attack; Motion to dismiss; Judgment on the pleadings; Request for written findings | |
| Rouse v. Forsyth Cty. DSS (17-884 - Published)
Administrative Procedure; Termination; Just Cause; Due Process; Findings of Fact; Conclusions of Law; Attorney's Fees; Back Pay | |
| State v. Allen (18-34 - Published)
ineffective assistance of counsel; insufficiency of appellate record | |
| State v. Bennett (18-294 - Published)
MAR. Padilla | |
| State v. Booker (18-165 - Published)
N.C. Gen. Stat. § 14-90; Embezzlement indictment; Motion to dismiss; Disjunctive jury instructions; Testimony concerning post-arrest silence; Plain error | |
| State v. Buchanan (16-697-2 - Published)
False Pretenses; Single Taking Rule; Jury Instructions; Double Jeopardy; Plain Error | |
| State v. DeGraffenried (18-37 - Published)
NCGS 15A-1230(a); trial by jury; improper closing arguments; trial court intervention ex mero motu; prejudice. | |
| State v. Guy (18-67 - Published)
testimonial statements; motion to dismiss and substantial evidence; ex mero motu intervention; acting in concert jury instruction; double jeopardy | |
| State v. Jackson (18-417 - Published)
motion to suppress; traffic stop; reasonable suspicion; probable cause; consent; inevitable discovery | |
| State v. McNeil (18-175 - Published)
Criminal law, felony sentencing, possession of drug paraphernalia, prior record level | |
| State v. Mitchell (18-29 - Published)
Motion to suppress evidence obtained from search of home; co-tenant consent to entry; motion to suppress in-court and out-of-court identification evidence | |
| State v. Nickens (18-45 - Published)
Indictment; Motion to Dismiss; Trespass; Ineffective Assistance of Counsel. | |
| Unpublished Opinions 6 November 2018 - Rule 30e - Zip File of Unpublished Opinions Mandate: 26 November 2018 | |
| Boswell v. Boswell (18-462 - Unpublished)
Alimony, NCGS 15A-16.3; Equitable Distribution; Rule 41(b) involuntary dismissal; bad faith; imputed income; unchallenged findings of fact. | |
| Cable v. Sink (18-271 - Unpublished)
Rule 59 Motion; Lack of jurisdiction | |
| Core v. NC Div. of Parks & Recreation (17-1402 - Unpublished)
Industrial Commission - insufficient findings of fact re: contributory negligence | |
| Cousar v. Martin (18-268 - Unpublished)
interlocutory appeal; discovery orders; substantial right | |
| ECMD, Inc. v. Grubbs (18-377 - Unpublished)
Interlocutory Appeal; Preliminary Injunction; Substantial Right; Mootness | |
| Everett v. Duke Energy Carolinas, LLC (18-159 - Unpublished)
Summary judgment; Motion to Amend; Wrongful Death; Contributory Negligence. | |
| Fitness Solutions Grp., LLC v. JTG Equip. & Supply Co. (18-313 - Unpublished)
Challenge to recognition of foreign judgment; standing; personal jurisdiction; public policy; Full Faith and Credit Clause | |
| Hudson v. Pasquotank Cty. (18-115 - Unpublished)
Motion to Dismiss; Governmental Immunity; Public Official Immunity | |
| In re: E.W.P. (18-183 - Unpublished)
Recommitment order; Request for privileges | |
| In re: A.P. (18-280 - Unpublished)
Termination of Parental Rights; Neglected Juvenile | |
| In re: D.C., Jr., J.C., D.C. (18-482 - Unpublished)
Reunification Efforts; Disposition Order; Neglected Juvenile: Abused Juvenile | |
| In re: K.K.L-H. (18-598 - Unpublished)
Reunification; No Visitation; Neglected Juvenile | |
| In re: N.J.H. (18-381 - Unpublished)
Termination of parental rights | |
| Jones v. Boyd (18-198 - Unpublished)
Allen Charge; Deadlocked Jury; Motion for Mistrial | |
| Jones v. Wells Fargo Bank, NA (18-245 - Unpublished)
Appeal from Rule 60(b) motion. | |
| McCammitt v. Chen (18-480 - Unpublished)
Trial De Novo; Interlocutory; Substantial Right; Arbitration. | |
| Sampson Cty. v. Monroe (18-162 - Unpublished)
Past-due child support, arrears, unpaid arrears, vested, modification and reduction, credits | |
| Shen v. McGowan (18-263 - Unpublished)
N.C. Gen. Stat. Sec. 50B-3; Domestic Violence Protective Order; Renewal | |
| State v. Averette (18-227 - Unpublished)
DWI; motion to suppress bold test results; whether administration of blood test complied with N.C. Gen. Stat. 20-16.2 and N.C. Gen. Stat. 20-139.1 | |
| State v. Baker (18-70 - Unpublished)
Plain error; Prior consistent statements; Prior inconsistent statements. | |
| State v. Bradley (17-1391 - Unpublished)
second-degree murder; character evidence; defendant's burden to show prejudice | |
| State v. Coles (18-357 - Unpublished)
Erroneous jury instructions. | |
| State v. Garrison (18-156 - Unpublished)
plain error; jury instruction; relevance of physical evidence; ineffective assistance of counsel | |
| State v. Gill (18-191 - Unpublished)
Reopening jury examination after jury impaneled; court required to allow defendant to exercise unused peremptory challenge | |
| State v. Hazel (18-266 - Unpublished)
Fourth Amendment, voluntary encounter with police; consent to search; motion to suppress. | |
| State v. Hudson (18-143 - Unpublished)
Pre-trial identification, In-court identification, impermissibly suggestive, state action, personal experience | |
| State v. Kewish (18-214 - Unpublished)
First Degree Sex Offense; First Degree Sex Offense with a Child; Sex Offender Registration; Satellite-Based Monitoring; Grady hearing; N.C. Gen. Stat. § 15A-1222 | |
| State v. Mash (18-68 - Unpublished)
Probation revocation; absconding | |
| State v. Matlock (18-101 - Unpublished)
Prior Record Level; Stipulation; Notice. | |
| State v. McKoy (18-152 - Unpublished)
Fatal variance; Motion to dismiss for insufficient evidence. | |
| State v. Millhouse (17-1142 - Unpublished)
Armed Robbery; Assault; Post-Conviction DNA Testing; Motion to Locate and Preserve Evidence | |
| State v. Ocegueda (18-414 - Unpublished)
Writ of certorari; investigation leading to conviction; controlled buy of narcotics, NCGS 90-95.3(a); restitution, NCGS 7A-304(a)(7). | |
| State v. Pilkington (18-38 - Unpublished)
Motion to dismiss; Sufficiency of the evidence | |
| State v. Rawlinson (18-325 - Unpublished)
Amount of restitution not supported by evidence adduced at trial or sentencing; appeal following no-contest plea to misdemeanor larceny | |
| State v. Satterwhite (18-249 - Unpublished)
Prior Record Level Point. | |
| State v. Sisk (18-211 - Unpublished)
Failure to instruct jury on defense of accident; pain error review | |
| State v. Smith (18-529 - Unpublished)
plea discussions; motion to dismiss | |
| State v. Whitmire (18-308 - Unpublished)
Rule 404(b) evidence; opinion on the evidence; sufficiency of indictment; identity theft instruction | |
| State v. Williams (16-684-2 - Unpublished)
Jury instructions limiting Rule 404(b) evidence; no plain error | |
| Stonewall Constr. Servs., LLC v. Frosty Parrott Burlington (18-171 - Unpublished)
Limited liability companies; summary judgment on claim to pierce the corporate veil; instrumentality rule | |
| Styles v. Styles (18-257 - Unpublished)
child support, calculating income, imputing income, gifts | |
| The Grande Villas at the Pres. Condo. Homeowners Ass'n, Inc. v. Indian Beach Acquisition LLC (18-218 - Unpublished)
Interlocutory appeal; partial summary judgment; statute of limitations defense | |
| Woodlief v. Canal Wood LLC (18-447 - Unpublished)
change of venue | |
| Young v. Young (18-335 - Unpublished)
unequal distribution, marital debt | |
|
Filed: 16 October 2018 Mandate: 5 November 2018 Zip File of Published Opinions Case Title / Description | |
| Brennan Station 1671, LP v. Borovsky (18-184 - Published)
Constructive eviction; covenant of quiet enjoyment; lost profits damages; JNOV; required notice; failure to repair. | |
| Cty. of Durham v. Burnette (17-557 - Published)
civil contempt, present ability to pay; purge payments | |
| Everett's Lake Corp. v. Dye (18-360 - Published)
Real Property; Riparian Rights; Easements; Chain of Title | |
| Hamlet H.M.A., LLC v. Hernandez (17-744 - Published)
compromise verdict; damages; employment contract; learned profession exception | |
| In re: D.A., A.A., L.A., L.A. (18-290 - Published)
Termination of Parental Rights; no merit brief; N.C. Rules of Appellate Procedure | |
| State v. Bennett (17-1027 - Published)
jury selection, Batson motion, peremptory challenges; jury instruction | |
| State v. Hairston (17-1357 - Published)
Preservation of Error; Appellate Rule 10; Timely Objection | |
| State v. Hill (18-107 - Published)
Sex Offenses; Statutory Rape; Second Degree Kidnapping; Indictment; Jury Instruction; Sentencing | |
| State v. Knight (18-10 - Published)
no error; motion to sever; trial court did not abuse its discretion by denying defendant's motion for severance or dismissing a juror; trial court committed harmless error by omitting requested jury instruction; defendant received a fair trial, free from prejudicial error | |
| State v. Perry (17-1330 - Published)
Motion to recuse or disqualify district attorney's office from prosecuting criminal charges; conflict of interest | |
| State v. Yates (18-158 - Published)
appellate review; transcript | |
| Town of Apex v. Rubin (17-955 - Published)
Rule 59 Motion; Condemnation Hearing; Toll; Section 108; Hearing | |
| Mastanduno v. Nat'l Freight Indus. (17-1058 - Published)
Industrial Commission; workers compensation; privacy | |
| Unpublished Opinions 16 October 2018 - Rule 30e - Zip File of Unpublished Opinions Mandate: 5 November 2018 | |
| Baker v. The NC Psychology Bd. (18-264 - Unpublished)
N.C. Gen. Stat. § 90-270.1; Psychology Practice Act; arbitrary and capricious; administrative sanctions | |
| Brown v. NC Dep't of Pub. Safety (17-1220 - Unpublished)
Tort Claims Act; Negligence; Proximate Cause | |
| Frady v. Frady (18-141 - Unpublished)
Equitable distribution; miscalculation of distributive award based on mathematical error; issue abandonment; failure to file cross-appeal | |
| In re: M.L. (18-5 - Unpublished)
Involuntary commitment; N.C. Gen. Stat. § 122C-261; N.C. Gen. Stat. § 122C-3(11); due process | |
| In re: Z.B., A.B., V.T., I.B.L. (18-105 - Unpublished)
Adjudication of Neglect | |
| King Harbor Homeowners Ass'n, Inc. v. Goldman (17-1301 - Unpublished)
failure to comply with mandate order; motion for attorney's fees; punitive damages; N.C. Gen. Stat. § 1D-45 | |
| State v. Allen (18-195 - Unpublished)
Obtaining property by false pretenses; fatal variance in indictment; variance must be material; attorney's fees; civil judgment. | |
| State v. Barker (18-178 - Unpublished)
First-degree murder; Indictment; Sufficiency | |
| State v. Choppy (18-167 - Unpublished)
Post-conviction DNA Testing; N.C.G.S. Sec. 158-269; Anders Review | |
| State v. Geddie (18-332 - Unpublished)
| |
| State v. Robinson (17-1190 - Unpublished)
Constructive Possession; Possession of a Firearm by a Felon; Motion to Dismiss | |
| State v. Robinson (18-74 - Unpublished)
First-degree burglary jury instructions; Double jeopardy; Hearsay; Plain error | |
| State v. Turner (17-1400 - Unpublished)
| |
| State v. Webber (17-1015 - Unpublished)
Cruelty to Animals; Malice; Restitution | |
| State v. Williams (17-620 - Unpublished)
defendant's indictment for attempted first degree murder was insufficient to confer jurisdiction because it failed to allege the essential element of malice aforethought; vacate defendant's conviction for first degree murder for lack of jurisdiction; trial court did not err in denying defendant's motion to dismiss charge of robbery with a dangerous weapon because State introduced sufficient evidence to support the inference that defendant intended to permanently deprive property | |
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Filed: 2 October 2018 Mandate: 22 October 2018 Zip File of Published Opinions Case Title / Description | |
| Chavez v. Wadlington (18-93 - Published)
Custody; Standing as an other person pursuant to N.C. Gen. Stat. 50-13.1; Subject matter jurisdiction | |
| Crews v. Paysour (18-72 - Published)
child support | |
| Fairfield v. WakeMed (18-295 - Published)
Rule 9(j) certification; Medical malpractice; Expert witness | |
| Grissom v. Cohen (18-66 - Published)
civil contempt; custody; visitation; best interest | |
| Hill v. Hill (17-576 - Published)
alimony, child support, attorney fees, imputing income | |
| In re: Frucella (18-212 - Published)
non-judicial foreclosure; power of sale; holder of note; enforcement of lost instrument | |
| In re: I.P. & Q.P., Jr. (18-366 - Published)
Termination of Parental Rights. | |
| In re: L.E.M. (18-380 - Published)
Termination of Parental Rights. | |
| Lippard v. Diamond Hill Baptist Church (18-302 - Published)
Subject matter jurisdiction; core ecclesiastical matters; church membership; due process; motion to dismiss. | |
| State v. Bice (17-1188 - Published)
no error in the trial court's admission of hearsay; no fatal variance between indictment for trafficking opium by possession and the State's evidence; no error in the trial court's failure to instruct the jury on the statutory ultimate user exemption; and ineffective assistance of counsel | |
| State v. Dixon (17-1333 - Published)
Motion to Suppress; Findings of Fact and Conclusions of Law; Rule 404 Evidence | |
| State v. Grandy (18-79 - Published)
embezzlement; entrustment; possession; control | |
| State v. Isaacs (17-1397 - Published)
Set aside bond forfeiture; statutory factors; burden on surety; judicial notice; motion to amend; abuse of discretion. | |
| State v. McQueen (17-1415 - Published)
Ineffective assistance of counsel; failure to correct inaccuracies in witness testimony and prosecutor's closing argument; N.C. Gen. Stat. 15A-1052(c) and 15A-1054; failure to preserve constitutional issue for appellate review. | |
| State v. Osborne (18-9 - Published)
Possession of heroin; motion to dismiss for insufficient evidence; requirement of scientifically valid chemical analysis to identify controlled substance; exception where defendant makes statement identifying controlled substance | |
| State v. Tilghman (17-1308 - Published)
Post-Conviction DNA Testing. | |
| State v. Vann (17-1158 - Published)
Assault with a deadly weapon with intent to kill inflicting serious injury; reliability of eye witness identification; jailhouse telephone conversation; Rule of Completeness; Confrontation Clause; failure to preserve. | |
| State v. Wardrett (17-1418 - Published)
Narrative; Improper closing argument | |
| Town of Pinebluff v. Moore Cty. (17-286 - Published)
Extraterritorial jurisdiction | |
| Watlington v. Dep't of Soc. Servs. Rockingham Cty. (17-1176 - Published)
Just cause; Whole Record Test; Unacceptable Personal Conduct | |
| Unpublished Opinions 2 October 2018 - Rule 30e - Zip File of Unpublished Opinions Mandate: 22 October 2018 | |
| Biggs v. Brooks (18-192 - Unpublished)
Interlocutory appeal; substantial right; possibility of inconsistent jury verdicts; insufficient showing | |
| Block v. Block (18-200 - Unpublished)
Subject Matter Jurisdiction. | |
| Drakeford v. Baez (18-181 - Unpublished)
Child custody; modification; abuse of discretion; substantial change in circumstances; educational opportunities. | |
| Gaines v. Gaines (17-1114 - Unpublished)
Alimony; Suppression of Income | |
| Guidotti v. Moore (18-221 - Unpublished)
motion to set aside default judgment; motion to dismiss | |
| In re: L.L. (18-168 - Unpublished)
Neglect; Custody; Sufficiency of Findings of Fact; Recitation of DSS report | |
| In re: C.S. (18-450 - Unpublished)
adjudication of neglect | |
| In re: E.G.B. & B.R.B. (18-329 - Unpublished)
3.1, cessation of visitation | |
| In re: N.J.Y., Jr., A.Y., C.L. (18-362 - Unpublished)
Termination of parental rights - neglect | |
| In re: R.S.B. (18-231 - Unpublished)
Ceasing Reunification Efforts. | |
| Pawn & Gifts, Inc. v. Bradley (18-201 - Unpublished)
Case description: Contracts; Breach; Accord; Satisfaction | |
| Smith v. Smith (18-59 - Unpublished)
Equitable Distribution; Abuse of Discretion Distributional Factors. | |
| State v. Barnard (18-208 - Unpublished)
Breaking or entering a motor vehicle; motion to dismiss for insufficient evidence; intent to commit larceny inside vehicle | |
| State v. Briggs (18-22 - Unpublished)
Obtaining property by false pretense; preservation of evidentiary challenge; failure to make timely objection; failure to allege plain error | |
| State v. Brooks (18-64 - Unpublished)
Second degree murder; Crawford v. Washington; Confrontation Clause; Testimonial statements; Harmless beyond a reasonable doubt. | |
| State v. Brown (18-356 - Unpublished)
Felony breaking or entering; Anders review; motion to dismiss for insufficient evidence | |
| State v. Combs (18-69 - Unpublished)
jurisdiction; sufficiency of indictment; waiver of counsel | |
| State v. Crowder (18-185 - Unpublished)
Probation revocation; absconding; defendant's admission of probation violation | |
| State v. Davis (17-1340 - Unpublished)
Attempted common law robbery; motion to dismiss; element of violence or fear; striking juror for cause; sufficiency of indictment where error in alleged perpetrator's name | |
| State v. Dreher (18-116 - Unpublished)
unauthorized use of a motor vehicle; restitution | |
| State v. Guerrette (18-24 - Unpublished)
Sex Offender Registration; N.C. Gen. Stat. Sec. 14-202(l); Peeping; Danger to the Community | |
| State v. Helms (18-12 - Unpublished)
| |
| State v. Jordan (17-1315 - Unpublished)
Probation revocation; absconding | |
| State v. Killette (18-26 - Unpublished)
Manufacturing methamphetamine; probation offer's search; motion to suppress; preserving right to appeal prior to guilty plea. | |
| State v. LaClaire (17-1122 - Unpublished)
Probation revocation hearing; Confrontation; Clerical error. | |
| State v. Lemm (18-135 - Unpublished)
Assault; Deadly Weapon; Felony Hit and Run | |
| State v. Owenby (18-151 - Unpublished)
arson; appellate jurisdiction; writ of certiorari; factual basis for guilty plea | |
| State v. Parker (17-1226 - Unpublished)
Sex offender willful failure to register new address; trial court's response to jury's request for further instruction on definition of address; discretionary decisions not subject to plain error review; jury instruction on further deliberations and deadlock | |
| State v. Pole (17-1393 - Unpublished)
sexual offenses with a minor; motion to suppress; validity of search warrant; lay opinion testimony; use of victim to describe witness; ineffective assistance of counsel | |
| State v. Rousseau (18-89 - Unpublished)
Motion to Suppress | |
| State v. Sanders (17-1399 - Unpublished)
Anders review; guilty pleas; consolidated sentence | |
| State v. Spicer (18-80 - Unpublished)
Probation violation | |
| State v. Terry (18-259 - Unpublished)
Obtaining property by false pretenses; preservation of evidentiary challenge; horse swapping on appeal; motion to dismiss; sufficiency of evidence identifying defendant as perpetrator of offense | |
|
Filed: 18 September 2018 Mandate: 8 October 2018 Zip File of Published Opinions Case Title / Description | |
| Barrett v. Coston (18-16 - Published)
Statute of frauds, deed, will parol evidence, Equitable remedy, Contract | |
| Burton Constr. Cleanup & Landscaping, Inc. v. Outlawed Diesel Performance, LLC (17-1424 - Published)
motion for summary judgement; motion for summary judgment denied for failure to include a copy of the order denying summary judgment in the record on appeal | |
| Cabarrus Cty. Bd. of Educ. v. Dep't of State Treasurer (17-1017 - Published)
Administrative Procedures Act; Rule Making; Exemption; N.C.G.S. Sec. 135-5(a3); Teachers' and State Employees' Retirement System; State Agency Adoption of Rules and Regulations | |
| Glover v. The Charlotte-Mecklenburg Hosp. Auth. (17-1398 - Published)
Statute of Limitations; Medical Malpractice. | |
| Haarhuis v. Cheek (17-1179 - Published)
Post-Judgment Receivership, Unliquidated Legal Claims, Insurer's Bad Faith, Insolvent Judgment-Debtor, Equity | |
| In re: J.B. (17-1373 - Published)
Self-incrimination; Juvenile; Adjudication; Reversible Error | |
| Nationstar Mortg., LLC v. Dean (18-132 - Published)
Summary judgment de novo review; reformation of deed of trust, missing legal description; ten year statute of limitations NCGS 1-47(2); note holder's standing to enforce deed of trust; unclean hands; statute of frauds, NCGS 22-5. | |
| Quevedo-Woolf v. Overholser (17-675 - Published)
Child custody; UCCJEA; Jurisdiction; Grandparent; Choice of Law; Full Faith and Credit; Modification; N.C.G.S. Sec. 50A-203; Jurisdiction After appeal; Rule 59 Motion for New Trial | |
| Quevedo-Woolf v. Overholser (17-1344 - Published)
Child Custody; UCCJEA; Jurisdiction; Grandparent; Choice of Law; Full Faith and Credit; Modification; N.C.G.S. Sec. 50A-203; Jurisdiction After Appeal; Rule 59 Motion for New Trial | |
| Smith v. NC Dep't of Pub. Instruction (17-1361 - Published)
North Carolina Human Resources Act; N.C. Gen. Stat. § 126-35(a); Just cause to dismiss career State employee; Specificity of allegations in employee dismissal letter | |
| Sneed v. Sneed (17-1169 - Published)
Child custody; denial of motion to exclude expert testimony and report of consented to and court-appointed forensic custody evaluator; temporary suspension of parent's visitation rights pursuant to N.C. Gen. Stat. 50-13.5(I) | |
| State v. Edwards (18-337 - Published)
cross examination; Rule 106; Rule 611; motion for appropriate relief; aggravating factors | |
| State v. Enoch (17-1248 - Published)
First Degree Murder; Life Imprisonment Without Parole. | |
| State v. Gray (17-1162 - Published)
motion to dismiss; substantial evidence; sufficiency of evidence; sufficiency of the evidence based on circumstantial evidence; felony murder | |
| State v. White (17-1355 - Published)
First Degree Rape, Motion to Dismiss, Satellite-Based Monitoring | |
| State v. Williams (16-178 - Published)
life in prison without parole for juvenile offenders; State v. James | |
| The Town of Carrboro v. Slack (17-864 - Published)
Summary Judgment; Express and Implied Easement Claims; Right of Way; Prescriptive Easement; Injunctive Relief | |
| Unpublished Opinions 18 September 2018 - Rule 30e - Zip File of Unpublished Opinions Mandate: 8 October 2018 | |
| Apperson v. Intracoastal Realty Corp. (18-147 - Unpublished)
Summary judgment; Professional malpractice; Justifiable reliance | |
| Blumenschein v. Blumenschein (17-1299 - Unpublished)
Child Custody; N.C. Gen. Stat. 50A-207; Declining Jurisdiction as Inconvenient Forum | |
| Cabarrus Cty. Bd. of Educ. v. Bd. of Tr.ees Teachers' & State Emps.' Ret. Sys. (17-1019 - Unpublished)
Administrative Procedures Act; Rule Making; Exemption; N.C.G.S. Sec. 135-5(a3); Teachers' and State Employees' Retirement System; State Agency Adoption of Rules and Regulations | |
| In re: De Luca (17-1339 - Unpublished)
Public Utility | |
| In re: SDS Invs., LLC (18-133 - Unpublished)
Foreclosure; Deed of Trust; Holders of Debt | |
| In re: V.P.M.A. (17-1386 - Unpublished)
Permanency planning order; guardianship; reunification following revocation of voluntary relinquishment. | |
| Johnston Cty. Bd. of Educ. v. Bd. of Tr.ees Teachers' & State Emps.' Ret. Sys. (17-1024 - Unpublished)
Administrative Procedures Act; Rule Making; Exemption; N.C.G.S. Sec. 135-5(a3); Teachers' and State Employees' Retirement System; State Agency Adoption of Rules and Regulations1 | |
| Johnston Cty. Bd. of Educ. v. Dep't of State Treasurer Ret. Sys. Div. (17-1021 - Unpublished)
Administrative Procedures Act; Rule Making; Exemption; N.C.G.S. Sec. 135-5(a3); Teachers' and State Employees' Retirement System; State Agency Adoption of Rules and Regulations | |
| LeTendre v. Currituck Cty. (18-163 - Unpublished)
motion to intervene | |
| Malone v. Hutchison-Malone (18-220 - Unpublished)
interlocutory order | |
| Mitman v. Shipley (18-173 - Unpublished)
domestic violence protection order; attorney's fees | |
| Smith v. NC Bd. of Funeral Serv. (17-996 - Unpublished)
Administrative law; superior court petition for judicial review of final agency decision; impermissible collateral attack on prior agency decision; nonjurisdictional appellate rules violations; Rule 34(b) sanctions. | |
| State v. Barnes (18-134 - Unpublished)
Jury instruction; disjunctive; motion to dismiss; effective assistance of counsel | |
| State v. Brown (18-52 - Unpublished)
Anders v. California, probation revocation, post-conviction proceedings | |
| State v. Bryant (17-1201 - Unpublished)
probation revocation | |
| State v. Cataldo (17-1296 - Unpublished)
motion for appropriate relief; motion for post-conviction discovery; material and favorable DSS records; in camera review | |
| State v. Eriksen (18-119 - Unpublished)
motion to suppress | |
| State v. Fowler (17-723 - Unpublished)
motion for appropriate relief; MAR; narrowed scope of appellate review; trial court granted relief requested by Defendant | |
| State v. Gainey (17-1422 - Unpublished)
Aggravating Factor, ?very old?, substantial evidence | |
| State v. Hill (18-15 - Unpublished)
Drug trafficking; motion to suppress; warrantless search of probationer; ineffective assistance of counsel | |
| State v. Hollifield (18-63 - Unpublished)
Disclosure of co-prior conviction; jury instruction on acting-in-concert theory of guilt; second degree murder based on depraved-heart malice; sentencing. | |
| State v. Inman (17-1408 - Unpublished)
Joinder of Offenses for Trial | |
| State v. Jilani (18-123 - Unpublished)
Constrictive Possession; Speedy Trial. | |
| State v. Kelly (18-194 - Unpublished)
motion to dismiss; joinder; jury instructions | |
| State v. Lunsford (17-1187 - Unpublished)
Satellite-based monitoring, efficacy, state?s burden of proof | |
| State v. Mazur (17-736 - Unpublished)
sufficiency of the evidence; first amendment; felony stalking | |
| State v. McGill (18-33 - Unpublished)
possession of a firearm by a felon; motion to dismiss | |
| State v. McKoy (17-1025 - Unpublished)
| |
| State v. Miller (17-1130 - Unpublished)
Motion to Dismiss; Impeachment; Jury Instruction; Voluntary Intoxication; Admissibility of Evidence | |
| State v. Ogles (18-210 - Unpublished)
Breaking or entering; prior mug shots; closing argument | |
| State v. Rinehart (18-92 - Unpublished)
| |
| State v. Smith (17-1401 - Unpublished)
Fourth Amendment; Reasonableness; Searches; Satellite-based Monitoring | |
| State v. Spivey (17-1312 - Unpublished)
Rule 2 | |
| State v. Thabet (17-1417 - Unpublished)
Driving While Impaired, Motion to Suppress, Pre-Arrest Chemical Analysis, Invocation of Statutory Right | |
| State v. Traub (18-31 - Unpublished)
same conduct; greater punishment; benefit of the objection; lost | |
| State v. Vickers (18-35 - Unpublished)
Post-conviction DNA testing, Materiality, Moot | |
| State v. White (18-136 - Unpublished)
Motion to suppress; Voluntary statement; Plain error; Prejudice; Motion to dismiss | |
| State v. Whitehead (17-1320 - Unpublished)
First-Degree Murder; Robbery; Admission of Rule 404(b) Evidence of Another Robbery and Murder Defendant Involved In; Prejudicial Error Standard | |
| Union Cty. Bd. of Educ. v. Bd. of Tr.ees, Teachers' & State Emps.' Ret. Sys. (17-1023 - Unpublished)
Administrative Procedures Act; Rule Making; Exemption; N.C.G.S. Sec. 135-5(a3); Teachers' and State Employees' Retirement System; State Agency Adoption of Rules and Regulations | |
| Union Cty. Bd. of Educ. v. Dep't of State Treasurer Ret. Sys. Div. (17-1022 - Unpublished)
Administrative Procedures Act; Rule Making; Exemption; N.C.G.S. Sec. 135-5(a3); Teachers' and State Employees' Retirement System; State Agency Adoption of Rules and Regulations | |
| Wilkes Cty. Bd. of Educ. v. Bd. of Tr.ees Teachers' & State Emps.' Ret. Sys. (17-1018 - Unpublished)
Administrative Procedures Act; Rule Making; Exemption; N.C.G.S. Sec. 135-5(a3); Teachers' and State Employees' Retirement System; State Agency Adoption of Rules and Regulations | |
| Wilkes Cty. Bd. of Educ. v. Dep't of State Treasurer Ret. Sys. Div. (17-1020 - Unpublished)
Administrative Procedures Act; Rule Making; Exemption; N.C.G.S. Sec. 135-5(a3); Teachers' and State Employees' Retirement System; State Agency Adoption of Rules and Regulations | |
|
Filed: 4 September 2018 Mandate: 24 September 2018 Zip File of Published Opinions Case Title / Description | |
| De Luca v. Stein (17-1374 - Published)
NC Const. Article IX, Section 7; Civil Penalty and Forfeiture Fund; summary judgment- de novo review; standing; settlement agreement by Attorney General; method of calculating penalties. | |
| Fagundes v. Ammons Dev. Grp., Inc. (17-1427 - Published)
Rule 12(b)(6) motion to dismiss - strict liability ultrahazardous activity claim | |
| Henson v. Henson (18-110 - Published)
Equitable Distribution | |
| In re: J.M.K. (18-451 - Published)
Termination of Parental Rights | |
| Khatib v. NC Dep't of Transp. (17-1430 - Published)
Industrial Commission; Tort Claims Act; contributory negligence | |
| NNN Durham Off. Portfolio 1, LLC v. Grubb & Ellis Co. (17-607 - Published)
Summary judgment, appellate jurisdiction, commercial property, foreclosure, investment, securities, settlement agreements | |
| NNN Durham Off. Portfolio 1, LLC v. Highwoods Realty Ltd. P'ship (17-756 - Published)
Transfer by deed; TIC like-kind exchange; NC Securities Act (NCGS 78A-1, et seq.): primary liability, secondary liability, material aid, justifiable reliance; summary judgment, common law fraud and misrepresentation. | |
| Seguro-Suarez v. Key Risk Ins. Co. (17-697 - Published)
Motion to Dismiss; Subject-Matter Jurisdiction; Workers' Compensation Act; Malicious Prosecution; Privity; Unfair and Deceptive Trade Practices | |
| State v. Ayers (17-725 - Published)
Self defense, NCGS 14-51.3; duty to retreat, deadly force, required jury instruction; light most favorable to defendant. | |
| State v. Crooms (17-640 - Published)
bond forfeiture; petition for remission; electronic-monitoring device; N.C. Gen. Stat. § 15A-544.8; extraordinary circumstances; plain language of statute; reversed | |
| State v. Degraphenreed (17-1377 - Published)
Motion to suppress, warrantless vehicle search-narcotics, probable cause-totality of the circumstances, confidential informant, open air dog sniff-failure to preserve. | |
| State v. Gordon (17-1077 - Published)
Satellite-Based Monitoring, Sex Offender, Fourth Amendment, | |
| State v. Mathis (17-1302 - Published)
Unlawfully accessing a government computer; obtaining property by false pretenses;selective prosecution. | |
| Thompson v. Bass (17-1194 - Published)
Summary judgment on claims for breach of contract, breach, rescission, unfair and deceptive trade practices, civil conspiracy, and punitive damages arising out of sale of internet sweepstakes business; N.C. Gen. Stat. 14-306.4 | |
| Weaver v. NC Dep't of Health & Hum. Servs. (17-828 - Published)
Final decision, Administrative Law Judge; Hearsay, Business Records Exception | |
| Unpublished Opinions 4 September 2018 - Rule 30e - Zip File of Unpublished Opinions Mandate: 24 September 2018 | |
| Chapman v. Pimentel (18-121 - Unpublished)
child custody; child support | |
| In re: A.C-M. & F.C-M. (18-154 - Unpublished)
Termination of Parental Rights | |
| In re: D.K. (17-1338 - Unpublished)
Adjudication, Jurisdiction, Writ of Certiorari, Motion to Dismiss | |
| In re: J.D.S. & J.K.S. (18-153 - Unpublished)
Termination of parental rights; Neglect; No-merit brief | |
| In re: L.J. & L.J. (17-1431 - Unpublished)
Termination of parental rights; N.C. Gen. Stat. 7B-1111(a)(1)-3; findings of fact insufficient for meaningful appellate review; mere recitations of evidence do not constitute findings of fact | |
| In re: A.S., N.S., M.S., N.S., E.S., B.S., Jr., N.T. (18-120 - Unpublished)
No-merit brief; Review under Rule 3.1(d); Abandonment of issues under Rule 28(b)(6) | |
| In re: C-R.D.G. (18-148 - Unpublished)
Termination of parental rights; Alternative Caregiver; Rule 10, Relevant findings | |
| In re: C.D. (18-288 - Unpublished)
Termination of Parental Rights. | |
| In re: D.D. & J.B. (18-438 - Unpublished)
TPR; best interests determination; standard of review | |
| In re: F.A.M. (18-284 - Unpublished)
Neglected juvenile; termination of parental rights; abandonment; incarcerated parent; willfulness | |
| In re: J.E. (17-1345 - Unpublished)
Responsible individual list, NCGS 7B-320; business records exception, Rule 803(6); waiver of argument on appeal. | |
| In re: M.J.J.M. (18-289 - Unpublished)
TPR; neglect; probability of repetition of neglect | |
| In re: Quattlebaum (17-591 - Unpublished)
Will contest; dismissed matter for discovery sanctions; Rule 59 motion for a new trial; dismissed as untimely; tolling notice of appeal; no verbatim transcript | |
| In re: T.E.G. (18-336 - Unpublished)
Termination of parental rights; Right to counsel | |
| In re: T.L.S., M.J.H., C.D.S, C.A.S. (18-278 - Unpublished)
Abuse, neglect, and dependency; insufficient findings to support juvenile neglect adjudications | |
| N. v. McRae (17-698 - Unpublished)
summary judgment; interlocutory order; negligence; jurisdiction | |
| Slade v. Petty (17-1276 - Unpublished)
Property, Adverse Possession, Open and Notorious, Hostile | |
| State v. Chisholm (18-23 - Unpublished)
Rule of Evidence 403; Standard of review- abuse of discretion; body-camera footage; defendant's use of racially derogatory terms; malicious conduct by a prisoner, NCGS 14-258.4; assault on an officer, NCGS 14-33(c)(4); resisting arrest, NCGS 14-223; spitting blood and bodily fluids. | |
| State v. Dravis (18-76 - Unpublished)
Satellite-based monitoring | |
| State v. Hayes (17-1420 - Unpublished)
Motion to dismiss; Jury instruction; Invited error | |
| State v. Johnson (17-1306 - Unpublished)
Chain of Custody, Motion to Dismiss | |
| State v. Keels (18-170 - Unpublished)
sexual offenses with a child; indecent liberties with a child; waived appeal; dismissed; not preserved at trial; prior allegations of sexual assault; prior bad acts; Rape Shield Law | |
| State v. Locklear (17-1332 - Unpublished)
motion to dismiss; manufacture methamphetamine; ineffective assistance of counsel | |
| State v. Maldonado (17-643 - Unpublished)
Preservation of Error; Rules 403 and 404(b) Evidence; Sentencing | |
| State v. Miller (16-424-2 - Unpublished)
Ineffective assistance of counsel | |
| State v. Miller (16-1206-2 - Unpublished)
First degree murder; jury instructions on lesser included offense of voluntary manslaughter; plain error; denial of request for special instruction; heat of passion | |
| State v. Perez (17-759 - Unpublished)
motion to set aside bond forfeitures; sufficiency of the evidence; N.C. Gen. Stat. ? 15A-544.5; Immigration Customs and Enforcement; ICE; deported; waived appeal; unavailability of verbatim transcript; narration of transcription | |
| State v. Strickland (17-938 - Unpublished)
motion to suppress; in-court identification; out-of-court identification; single-photo show-up; plain error; impermissibly suggestive; irreparable misidentification; spousal privilege; peremptory jury instruction; ex mero motu; improper closing remarks | |
| State v. Vallejo (17-1292 - Unpublished)
Fatal Variance; Jury Instructions; Ineffective Assistance of Counsel | |
| State v. Walker (17-1167 - Unpublished)
Motion to dismiss charge of second degree murder based on insufficient evidence of acting in concert; common purpose to possess drugs; death as a natural and probable consequence of failed drug deal | |
| State v. Walton (17-1359 - Unpublished)
Probation Violations. | |
| State v. Watson (17-833 - Unpublished)
motion to suppress; driving while impaired; indictment; malicious conduct by a prisoner | |
| State v. Westbrook (18-32 - Unpublished)
Satellite-based monitoring | |
| State v. White (18-39 - Unpublished)
Satellite-based monitoring | |
| State v. White (18-36 - Unpublished)
Jury instructions; Plain error; Closing arguments. | |
|
Filed: 21 August 2018 Mandate: 10 September 2018 Zip File of Published Opinions Case Title / Description | |
| Brady v. Vlaanderen (18-61 - Published)
Judicial dissolution, abuse of discretion, Meiselman v. Meiselman factors, NCGS 55-14-30 | |
| Davis v. Rizzo (17-1153 - Published)
Appellate Procedure Rule 3(c); Civil Procedure Rules 59 and 60(b); Postjudgment motion to amend filed under Rule 59 did not toll the thirty-day limitation for taking appeal | |
| In re: W.H., J.H., J.H. & J.E.H. (18-8 - Published)
Abuse, neglect, dependency, hearsay, residual exception, circumstantial guarantees of trustworthiness, suspension of visitation rights | |
| Shell v. Shell (17-990 - Published)
modification of custody order, substantial change of circumstances, best interest of the children | |
| Smith v. USAA Cas. Ins. Co. (17-1080 - Published)
Joinder of Necessary Parties; N.C.G.S. § 20-75.1; Declaratory Judgment Act; Standing | |
| State v. Alonzo (17-1186 - Published)
Sexual Act; Pattern Jury Instruction; Relevancy | |
| State v. Hobson (17-1052 - Published)
Superior court's subject-matter jurisdiction over misdemeanor charge of stalking; Rules of Evidence 401, 403, and 404(b); motion to dismiss | |
| State v Ledbetter (15-414-3 - Published)
Writ of certiorari; exercise of discretion; standard of review; secured bond- required findings, NCGS 15A-534; driving while impaired-right to witnesses, NCGS 20-38.4. | |
| State v. Murphy (17-1287 - Published)
Guilty plea; restitution; restitution invalidly ordered as to victims of unconvicted crime, stipulation as to invalid restitution does not warrant setting aside entire plea agreement | |
| Town of Littleton v. Layne Heavy Civ., Inc. (17-1137 - Published)
nullum tempus; governmental function; proprietary function; maintenance of city sewer system; statute of limitation | |
| Watson v. Watson (17-899 - Published)
equitable distribution order; unequal distribution of marital property; classification; valuation | |
| Winkler v. NC State Bd. of Plumbing, Heating & Fire Sprinkler Contractors (17-873 - Published)
Attorneys? fees in disciplinary actions by a licensing board; Statutory interpretation of N.C. Gen. Stat. § 6-19.1 | |
| Unpublished Opinions 21 August 2018 - Rule 30e - Zip File of Unpublished Opinions Mandate: 10 September 2018 | |
| Bond v. Manfredo (17-1425 - Unpublished)
equitable distribution; martial property; pension plan | |
| Brubach v. Peterson (17-1200 - Unpublished)
Negligence; Motion for New Trial. | |
| Burns v. Kingdom Impact Global Ministries, Inc. (17-928 - Unpublished)
Appeal Bond; Stay of Execution of Judgment on Real Property; Costs and Attorneys? Fees | |
| Carter v. Baughman (18-51 - Unpublished)
Partial summary judgment; Interlocutory appeal; NC Gen. Stat. 1A-1, Rule 54(b). | |
| Da Silva v. WakeMed (17-820-2 - Unpublished)
Medical Negligence. | |
| Daughtridge v. Tanager Land, LLC (17-554 - Unpublished)
Real Property; Quiet Title; Summary Judgment; Costs | |
| DavFam, LLC v. Davis (18-43 - Unpublished)
Rule 60(b), relief from judgment and reconsideration, corrective deed | |
| Emert v. Smith (17-1121 - Unpublished)
Unfair and Deceptive Trade Practices | |
| Gaunt v. Guy M. Beaty & Co., Inc. (17-851 - Unpublished)
worker's compensation lien; Section 97-10.2(j) factors; reduce lien to zero | |
| In re: A.H. (18-207 - Unpublished)
Child custody; best interests of a child | |
| In re: I.A.B. (18-40 - Unpublished)
Termination of parental rights; sufficient evidence to support findings; probability of repetition of neglect | |
| Khaja v. Husna (17-763 - Unpublished)
Alimony, attorney?s fees, subject matter jurisdiction, foreign judgments, family law | |
| Kozec v. Murphy (17-919 - Unpublished)
Modifying Custody, Substantial Change of Circumstances, Permanent Custody | |
| NC Ambulatory Surgical Ctr. Ass'n v. NC Indus. Comm'n (17-701 - Unpublished)
| |
| Pura Vida Mgmt. Corp. v. Adio Mgmt. Co., Inc. (17-905 - Unpublished)
Sanctions, Dismissal with Prejudice, Inherent Authority | |
| State v. Aracena (17-1253 - Unpublished)
Common-law Robbery, Assault with a Deadly Weapon Inflicting Serious Injury, Restitution | |
| State v. Bates (17-970 - Unpublished)
Premeditation and Deliberation, Flight Instruction, Double Jeopardy | |
| State v. Charette (17-1238 - Unpublished)
Jury Instruction, Assault, Self-Defense | |
| State v. Cole (17-732 - Unpublished)
driving while impaired; motion to dismiss indictment; motions to suppress discovery; sentencing | |
| State v. Collins (17-849 - Unpublished)
Plain Error; Confessions; Guilty Plea | |
| State v. Conner (17-1293 - Unpublished)
Motion to suppress; Meaningful appellate review; Right to confront witnesses; Non-hearsay; Motion to continue. | |
| State v. Crowder (17-393 - Unpublished)
Jury instruction; acting in concert; concerted action; embezzlement; larceny by employee; corporate malfeasance; double jeopardy; ineffective assistance of counsel | |
| State v. Eller (17-1124 - Unpublished)
criminal, motion to suppress, reasonable suspicion | |
| State v. Evans (17-976 - Unpublished)
Expert testimony; discovery violations; motion to dismiss for insufficient evidence of weight of controlled substance; weight of material outside the scope of the definition of a controlled substance | |
| State v. Heard (17-1242 - Unpublished)
Confidential Informant. | |
| State v. Long (17-1291 - Unpublished)
first degree murder; waiver-constitutional argument; motion to dismiss for insufficient evidence; premeditation and deliberation; prosecutorial statements in closing argument; standard for trial court's intervention ex mero motu. | |
| State v. McMillan (17-1305 - Unpublished)
assault by strangulation; motion to dismiss; lesser-included offense jury instruction; strangulation | |
| State v. Sanderlin (17-1363 - Unpublished)
Assault on government official; Alford plea; intoxication in public place; probable cause | |
| State v. Whitfield (17-184 - Unpublished)
murder, motion to sever, arrest judgment | |
| State v. Wolfe (17-909 - Unpublished)
Kidnapping with intent to terrorize; Motion to dismiss; NCGS § 15A-404 jury instruction (citizen's detention) | |
| Whitmore v. Whitmore (17-988 - Unpublished)
Willfulness, Ability to Comply, Child Support, Contempt | |
|
Filed: 7 August 2018 Mandate: 13 September 2018 Zip File of Published Opinions Case Title / Description | |
| AVR Davis Raleigh, LLC v. Triangle Constr. Co., Inc. (17-958 - Published)
Motion to compel arbitration; Existence and scope of arbitration agreement; Construction of contract language. | |
| Berens v. Berens (17-1189 - Published)
Equitable Distribution; 529 Savings Plan as Marital Property; No Court-Created Exceptions to Marital Property Definition | |
| Blair v. Blair (17-585 - Published)
equitable distribution | |
| Burgess v. Smith (17-1352 - Published)
Subject-matter jurisdiction; challenge to superior court's subject-matter jurisdiction after entry of default judgment based on exclusivity provision of our Workers' Compensation Act, N.C. Gen. Stat. 97-10.1; superior court's refusal to resolve subject-matter jurisdiction challenge based on defenses of equitable estoppel and laches | |
| DOT v. Jay Butmataji, LLC (17-689 - Published)
condemnation, parking taking | |
| Eddington v. Lamb (17-947 - Published)
Child custody; temporary custody order becoming permanent by operation of time; sufficiency of findings supporting physical and legal custody awards; joint legal custody award with division of decision-making authority | |
| In re: I.K. & K.M. (18-94 - Published)
Reunification, Guardianship, Opportunity to Object, Required Findings | |
| In re: A.P. (16-1010-2 - Published)
(View Supreme Court Opinion) Indian Child Welfare Act; Notice requirements to tribes, 25 U.S.C. 1912(a); Neglect and dependency adjudication. | |
| Press v. AGC Aviation LLC (17-9 - Published)
summary judgment, interpretation of contract, unambiguous language | |
| State v. Alvarez (17-945 - Published)
Maintaining a vehicle for keeping or selling controlled substances; NC Gen. Stat. 90-108(a)(7). | |
| State v. Bartlett (17-1178 - Published)
Motion to Suppress, Unlawful Search | |
| State v. Baskins (17-1327 - Published)
Motion for Appropriate Relief, Motion to Suppress, Ineffective Assistance of Counsel, | |
| State v. Bowman (17-657 - Published)
Limitations on cross-examination; pending criminal charges | |
| State v. Buchanan (17-746 - Published)
Jury instructions; failure to object; no request for plain error; self-defense; denial of motion to dismiss; insufficient evidence to support restitution award | |
| State v. Ferrer (17-655 - Published)
motion to dismiss, insurance fraud | |
| State v. Griffin (17-386 - Published)
Satellite-based monitoring; Efficacy; Grady | |
| State v. Lindsey (17-676 - Published)
waiver | |
| State v. Mercer (17-1279 - Published)
Possession of a Firearm by a Felon, Jury Instruction | |
| State v. Perry (17-714 - Published)
Assault on a child, Pre-Miranda silence, Post-Miranda silence, Cross-examination, Inconsistent statement. | |
| State v. Sims (17-45 - Published)
Juveniles; Eighth Amendment; Life Imprisonment Without Parole; Miller Factors | |
| State v. Waycaster (17-1249 - Published)
business records; habitual felon | |
| State v. Wilson (17-1317 - Published)
Sexual act, sufficiency of evidence, expert testimony, plain error | |
| Unpublished Opinions 7 August 2018 - Rule 30e - Zip File of Unpublished Opinions Mandate: 13 September 2018 | |
| Awartani v. The Moses H. Cone Mem'l Hosp. Operating Corp. (17-1300 - Unpublished)
Court of Appeals Panels Bound By Previous Decisions of the Court; Doctrine of Necessaries; Women's Property Clause | |
| Beasley v. Beasley (18-47 - Unpublished)
Equitable Distribution | |
| Bus. Improvement Techs., Inc. v. World Famous, Inc. (17-1274 - Unpublished)
Challenged Findings, Breach of Contract, Damages | |
| Bybee v. Island Haven, Inc. (17-859 - Unpublished)
Motion to dismiss; Fraud; Unfair and Deceptive Trade Practices | |
| Caruthers v. Hann (17-1381 - Unpublished)
Adequate Record for Appellate Review; Lack of Transcript or Narrative | |
| DM Tr., LLC v. McCabe & Co. (17-1193 - Unpublished)
non-exclusive easement; prescriptive easement; summary judgment | |
| Gersing v. Real Vision, Inc. (17-1382 - Unpublished)
Rule 60, Deficiency Judgment, Affirmative Defense, Excusable Neglect, Abuse of Discretion | |
| Grodner v. Grodner (17-570 - Unpublished)
COA17-570 Rule 60(b)(4) motion for relief was improper substitute for appeal; order not void. COA17-813 Entry of stay was interlocutory; no substantial right affected | |
| Grodner v. Grodner (17-813 - Unpublished)
Entry of stay was interlocutory; no substantial right affected | |
| Hardy v. NC Cent. Univ. (17-664 - Unpublished)
Just Cause, Unacceptable Personal Conduct, Demotion of a Career State Employee | |
| Henion v. Cty. of Watauga (17-1107 - Unpublished)
high-impact land use permit; standing; N.C. Gen. Stat. § 160A-393; expert v. lay opinion testimony | |
| In re: B.V., B.V., B.V. (18-84 - Unpublished)
Termination of parental rights; no-merit brief; incarcerated father; neglect, NCGS 7B-1111(a). | |
| In re: Byrd (17-1150 - Unpublished)
Foreclosure; Default | |
| In re: C.R.R. & E.K.R. (18-11 - Unpublished)
Termination of Parental Rights; Abandonment; Clear and Convincing Evidence Supporting Fact Findings; Best Interests | |
| In re: C.W-J.H., J.G.H., A.L-F.H., J.E-B.H. (18-187 - Unpublished)
Termination of parental rights; Neglect; NCGS § 7B-1111(a)(1) | |
| In re: Coggins (17-1275 - Unpublished)
Time limit for appeals from board of equalization and review to NC Property Tax Commission; N.C. Gen. Stat. § 105-290(e) | |
| In re: I.M.P. & A.M.S. (18-256 - Unpublished)
Termination of parental rights (TPR); insufficient evidence to support neglect; 7B-1111; failure to make reasonable progress; dependency | |
| In re: K.S.C. (18-196 - Unpublished)
Termination of Parental Rights | |
| In re: Smith (17-874 - Unpublished)
Pending Foreclosure, Motion to Dismiss, Abandoned Argument, Moot Appeal. | |
| In re: T.S.B-S., A.A.S., T.S.B. (17-1343 - Unpublished)
Termination of Parental Rights; Neglect; Sufficiency of Fact Findings; Bests Interests | |
| In re: G.L.H. (17-1406 - Unpublished)
Termination of Parental Rights; Abandonment; Clear and Convincing Evidence Supporting Fact Findings; Credibility Determinations | |
| In re: L.A.G. (18-283 - Unpublished)
Termination of Parental Rights | |
| In re: M.V. & M.V. (18-128 - Unpublished)
Termination of parental rights; no-merit briefs; failure to pay reasonable portion of cost of care, NCGS 7B-1111(a)(3). | |
| Jones v. Wells Fargo Co. (18-96 - Unpublished)
N.C. Workers' Compensation Act; exclusivity provision of N.C. Workers' Compensation Act; negligence; negligent infliction of emotional distress; misnomer; motion to dimiss | |
| Kovasala v. Kovasala (17-1084 - Unpublished)
| |
| Lane v. Grafton (17-1003 - Unpublished)
Attorney Fees, Unwarranted Refusal to Negotiate or Pay a Claim. | |
| Lassiter v. Keystone Freight Corp. (17-881 - Unpublished)
Worker?s Compensation; Expert Testimony; Parsons Presumption | |
| Newton v. Gariepy (17-1175 - Unpublished)
Permanent Custody, Temporary custody order, Psychological evaluation, Best interest of the child, Abuse of discretion. | |
| Phifer v. Pasquotank Cty. (17-1155 - Unpublished)
Governmental immunity; governmental function | |
| State v. Alfonso (18-75 - Unpublished)
possession of cocaine; constructive possession; car owned by third party; motion to dismiss; sufficiency of the evidence | |
| State v. Barnette (17-1082 - Unpublished)
Reasonable suspicion; traffic stop; motion to suppress; competent evidence; DWI | |
| State v. Becker (17-1311 - Unpublished)
DWI; driving while impaired; drunk driving; impairment at the time of driving; four-wheeler; N.C. Gen. Stat. § 20-138.1; motion to dismiss | |
| State v. Belk (17-1331 - Unpublished)
defendant present during all stages of trial; defendant absent from trial; defendant absent during jury charge conference | |
| State v. Black (17-963 - Unpublished)
motion to suppress, motion of intent to appeal | |
| State v. Brown (17-1062 - Unpublished)
presence at scene; felony murder; discharge weapon into occupied residence; insufficient evidence; motion to dismiss | |
| State v. Cheek (17-829 - Unpublished)
Anders Brief, Post-conviction DNA testing, Materiality of DNA evidence | |
| State v. Ferguson (17-764 - Unpublished)
possession of firearm by felon; constructive possession; insufficient evidence; motion to dismiss | |
| State v. Foor (17-1316 - Unpublished)
Assault w/ deadly weapon; robbery with dangerous weapon; redacting video interview; relevance of evidence; restitution award | |
| State v. Garcia (17-912 - Unpublished)
Traffic stop, Suppressing evidence, Prolonging traffic stop, Probable cause, Reasonable suspicion, Trafficking contraband, Consent, Automobile exception. | |
| State v. Haywood (18-85 - Unpublished)
N.C. Gen. Stat. § 90-95(e)(9); possession of controlled substance in penal institution; possession of marijuana; motion to dismiss | |
| State v. McLeod (17-1029 - Unpublished)
Assault; Self-Defense | |
| State v. Melgarejo (17-1030 - Unpublished)
constructive possession; exclusive control; rented house where drugs were found; constructive possession with roommate | |
| State v. Miller (17-1215 - Unpublished)
Maintaining dwelling for keeping or selling cocaine; insufficient evidence of keeping; N.C. Gen. Stat. 90-108(a)(7) | |
| State v. Naranjo (17-742 - Unpublished)
Anders Brief, Post-conviction DNA testing, Effect of guilty plea, Materiality of DNA evidence | |
| State v. Pless (17-1270 - Unpublished)
Rule 404(b); prior drug transaction; intervene ex mero motu | |
| State v. Reaves (18-100 - Unpublished)
Anders review | |
| State v. Smith (17-1184 - Unpublished)
Driving while Impaired; Appreciable Impairment; Motion to Dismiss | |
| State v. Springle (17-652 - Unpublished)
Satellite-based Monitoring; Rules of Appellate Procedure; Petition for Writ of Certiorari | |
| State v. Thomas (17-904 - Unpublished)
Anders Brief, Post-conviction DNA testing, Effect of guilty plea, Materiality of DNA evidence | |
| State v. Upchurch (17-1372 - Unpublished)
DWI; driving while impaired; drunk driving; probable cause; warrantless arrest | |
| State v. Vickers (17-1216 - Unpublished)
Post-Conviction DNA testing, Materiality, Physical Evidence, Biological Evidence | |
| State v. Williams (17-913 - Unpublished)
Notice of Appeal; Motion to Dismiss; Sentencing | |
| State v. Young (18-258 - Unpublished)
trafficking drugs; weight of drugs for trafficking; obtaining oxycodone by forged perscription; jury instruction for lesser-included offense | |
| The Tractor Place, Inc. v. Bolton (17-878 - Unpublished)
motion to continue trial; scheduling conflict; communication between judges regarding scheduling conflict; attorney and defendant absent from trial | |
|
Filed: 17 July 2018 Mandate: 6 August 2018 Zip File of Published Opinions Case Title / Description | |
| Hamby v. Thurman Timber Co., LLC (17-1371 - Published)
Summary Judgment | |
| In re: B.O.A. (18-7 - Published)
Petition to terminate parental rights; grounds listed in petition; failure to make reasonable progress to correct conditions leading to removal, NCGS 7B-1111(a)(2). | |
| In re: K.G. (17-1409 - Published)
Child Custody, Dependency Petition, Dependent Juvenile, Delinquent Juvenile | |
| In re: T.T.E. (17-648 - Published)
juvenile, motion to dismiss, disorderly conduct, resisting public officer | |
| LMSP, LLC v. Town of Boone (17-1241 - Published)
Preliminary Injunction | |
| State v. Hobbs (17-1255 - Published)
First-degree murder; Batson challenges; failure to make prima facie showing; race-neutral reasons for challenges; proposed jury instructions. | |
| State v. Hoyle (17-1324 - Published)
indecent exposure; presence; motion to dismiss; jury instructions | |
| State v. Winchester (17-1099 - Published)
Motion to suppress; sufficiency of search warrant affidavit and application; probable cause; reasonableness of former occupant seizure incident to executing search warrant on premises; motion to suppress custodial responses to police questioning; Miranda. | |
| Stippich v. Reese's Transit, Inc. (17-997 - Published)
Workers? compensation; aggravation of pre-existing conditions; injury causation; ongoing disability; split liability. | |
| Unifund CCR, LLC v. Francois (18-111 - Published)
Statute of Limitations; Authority of Court at Default Judgment Hearing to Raise Statute of Limitations Defense Sua Sponte | |
| Vincoli v. N.C. Dep't of Pub. Safety (17-618 - Published)
contested case hearing, Whistleblower Act | |
| Unpublished Opinions 17 July 2018 - Rule 30e - Zip File of Unpublished Opinions Mandate: 6 August 2018 | |
| Cosmos Granite & Marble v. Carolina Cabinets & Granite Inc. (18-30 - Unpublished)
Issue preservation; Violations of the Rules of Appellate Procedure | |
| Flood v. Crews (17-740 - Unpublished)
Summary judgment; gross negligence; governmental and public official immunity. | |
| In re: S.P.R-G. (17-1434 - Unpublished)
Termination of parental rights; Subject matter jurisdiction; N.C.G.S. § 50A-203 | |
| In re: A.R. (18-27 - Unpublished)
Termintion of parental rights; neglect | |
| In re: B.H.S. & A.F.S. (18-102 - Unpublished)
Neglect; Sufficiency of Evidence | |
| In re: G.N.R-U. & H.J.H-U. (18-49 - Unpublished)
Termination of Parental Rights, Bests Interests of the Child, Parental Bond, Likelihood of Adoption. | |
| In re: S.A.A. & L.M.A. (17-1211 - Unpublished)
Termination of parental rights, neglect, possibility of repetition, no merit brief | |
| In re: Blackwell (17-806 - Unpublished)
Foreclosure, power of sale, Chapter 45 and the Rules of Civil Procedure | |
| In re: E.B. & R.B. (17-1384 - Unpublished)
Child custody; neglect; suspension of visitation | |
| In re: J.L.P. (17-1375 - Unpublished)
Neglected juvenile; termination of parental rights; likelihood of repetition of neglect; failure to make reas. progress; failure to pay | |
| Johnson v. E. Carolina Univ. (17-1159 - Unpublished)
Priority consideration; substantially equal qualifications; career status state employee | |
| Mathis v. Mathis (17-1071 - Unpublished)
Child custody order, modification, substantial change of circumstances, findings of fact, best interests of the child | |
| McKenzie v. McKenzie (17-854 - Unpublished)
notice of appeal, dismissal | |
| State v. Austin (17-920 - Unpublished)
Felonious vs. simple possession of marijuana; NC Gen. Stat. 90-95(d)(4); Failure to instruct the jury on the amount of contraband possessed. | |
| State v. Chisholm (17-797 - Unpublished)
Motion to Suppress; Motion to Dismiss for Insufficient Evidence; Show-up Identifications | |
| State v. Coleson (17-1304 - Unpublished)
Driving while impaired, alcohol screening test, portable breath test, intoxilyzer, refusal to take tests, admissibility as substantive evidence | |
| State v. Colindres (17-1229 - Unpublished)
Indecent liberties w/ a child; voluntary intoxication jury instruction | |
| State v. Davis (17-1083 - Unpublished)
Motion for speedy trial; N.C. Gen. Stat. 15A-711(c); Sixth Amendment; Barker factors. | |
| State v. Delegge (17-1002 - Unpublished)
Probation revocation hearing; motion to continue; subject matter jurisdiction; clerical error; N.C. Gen. Stat. § 15A-1346(b); willful violation of probation; N.C. Gen. Stat. § 1344(f). | |
| State v. Fogleman (17-1358 - Unpublished)
Plain error; lay opinion testimony that defendant's action raised red flags | |
| State v. Ford (17-1407 - Unpublished)
Anders brief; petition for writ of certiorari based on defects in notice of appeal | |
| State v. Freeman (17-1066 - Unpublished)
Possession of a firearm by a convicted felon | |
| State v. Howell (18-140 - Unpublished)
Probation revocation; clerical error; Judicial error | |
| State v. Ivey (17-1266 - Unpublished)
DVPO violation; Habitual misdemeanor assault; misd. breaking or entering; Motion for mistrial; References to the victim by witnesses & prosecutor | |
| State v. Kirby (17-1076 - Unpublished)
Robbery with a dangerous weapon; AWDWISI; Indictment variance | |
| State v. Lail (18-125 - Unpublished)
Anders brief; petition for writ of certiorari based on defects in notice of appeal | |
| State v. Malloy (17-1102 - Unpublished)
Right to Fair Trial. | |
| State v. Morrow (17-1269 - Unpublished)
Motion to dismiss; Embezzlement; Sufficient evidence of entrustment of property for fiduciary capacity & fraudulent intent | |
| State v. Reed (17-1180 - Unpublished)
jury instruction; unconsciousness | |
| State v. Southerland (17-1349 - Unpublished)
Drug trafficking and possession; Rule 401 & 403 challenges to evidence that Defendant was under investigation by drug task force on night of arrest | |
| State v. Wade (17-1111 - Unpublished)
Driving while impaired, retrograde extrapolation, expert witness, admissibility | |
| Unifund CCR, LLC v. Tomlinson (18-112 - Unpublished)
Statute of Limitations; Authority of Court at Default Judgment Hearing to Raise Statute of Limitations Defense Sua Sponte | |
| VR Sys., Inc. v. NC State Bd. of Elections & Ethics Enforcement (18-149 - Unpublished)
Electronic pollbook licenses; substantial right; interlocutory appeal; final judgment; preliminary injunction in OAH | |
| Yancey Cty. v. Jones (17-1214 - Unpublished)
Child Support Order | |
|
Filed: 3 July 2018 Mandate: 23 July 2018 Zip File of Published Opinions Case Title / Description | |
| Anderson v. Walker (17-782 - Published)
Contract to convey real property; Specific performance; Preemptive right | |
| Garrett v. The Goodyear Tire & Rubber Co. (17-500 - Published)
Workers' Compensation, law of the case doctrine, disability determination | |
| In re: C.C., A.S. (18-54 - Published)
Adjudication of neglect; child not in the care of parent prior to filing of juvenile petition; failure to correct conditions | |
| In re: D.S. (18-104 - Published)
Relative as guardian; permanency planning order; required findings; NCGS 7B-903(a1); placement with non-relative. | |
| In re: M.N., K.S., A.N. (18-169 - Published)
Appellate Standing; Abuse, Neglect, and Dependency; Juvenile Adjudication and Disposition; Sufficiency of the Evidence | |
| In re: L.V. & A.V. (18-282 - Published)
Termination of parental rights, no-merit brief, Rule 3.1(d) | |
| Kolczak v. Johnson (17-329 - Published)
civil contempt, custody modification | |
| McDaniel v. Saintsing (18-88 - Published)
Entry of Default | |
| Scheinert v. Scheinert (17-1227 - Published)
Alimony proceeding; Mandatory transfer under N.C. Gen. Stat. § 50-3; Sufficiency of findings of fact | |
| State v. Baker (17-1423 - Published)
Criminal Contempt; Willfulness; Attorney Fees; Notice and Opportunity to be Heard | |
| State v. Forte (17-669 - Published)
Larceny of a firearm; breaking and entering. | |
| State v. Gentle (17-696 - Published)
Plain error review of jury instructions; Serious physical injury pursuant to NC Gen. Stat. 14-27.21(a)(2) and 14-27.26(a)(2); Motion to dismiss; Crime against nature, NC Gen. Stat. 14-177; Petition for Writ of Certiorari; SBM Order; Unpreserved constitutional argument. | |
| State v. Kuhns (17-519 - Published)
N.C. Gen. Stat. 14-51.2; Defense of habitation; Jury instructions. | |
| State v. Nobles (17-516 - Published)
Major crimes committed in the Qualla Boundary of the Eastern Band of Cherokee Indians; motion to dismiss for lack of state criminal jurisdiction; Indian Major Crimes Act, 18 U.S.C. Section 1153; whether the defendant qualified as an Indian for criminal jurisdiction purposes. | |
| State v. Perez (17-1147 - Published)
Stipulation to results of forensic laboratory report; Confrontation Clause; No obligation for special trial court colloquy with defendant | |
| State v. Steele (17-868 - Published)
Confrontation Clause; Confidential informant statements; Rule 403; Insufficiency of evidence; Possession of contraband | |
| The City of Charlotte v. Univ. Fin. Props., LLC (17-388 - Published)
condemnation proceeding, motion to amend, voluntary dismissal | |
| Town of Nags Head v. Richardson (17-498 - Published)
JNOV; Eminent Domain; Public Trust Doctrine; Expert Testimony; Rule 702 | |
| Unpublished Opinions 3 July 2018 - Rule 30e - Zip File of Unpublished Opinions Mandate: 23 July 2018 | |
| Baucom v. Vlahos (17-858 - Unpublished)
Rule 59; modification of child support; scope of modification | |
| Branton v. Branton (17-1207 - Unpublished)
Equitable Distribution | |
| Bryan v. Dailey (17-788 - Unpublished)
Modification of existing child custody order; Substantial change in circumstances; N.C. Gen. Stat. 50-13.7(a). | |
| Fife v. Eternal Woodworks, LLC (17-645 - Unpublished)
Workers? Compensation Act; Calculation of Average Weekly Wages | |
| Grodensky v. McLendon (17-1258-2 - Unpublished)
Directed verdict; Proximate cause; Expert testimony; Medical malpractice | |
| In re: A.M. (17-1257 - Unpublished)
Termination of parental rights; Dependency; Adjudicatory findings of fact | |
| In Re: C.A.S. & D.L.A. (18-160 - Unpublished)
Termination of Parental Rights | |
| In re: L.S. & L.S. (18-48 - Unpublished)
Dependency; Child Adjudication | |
| In re: R.W. (18-172 - Unpublished)
Adjudication of neglect and abuse; Delegation of authority; Suspension of visitation | |
| In re: Worsham (17-1268 - Unpublished)
Power of Sale Provision, Deed of Trust, Foreclosure | |
| In re: Y.T., H.Y.T., A.T. (18-58 - Unpublished)
NCGS 7B-101(15); standing; abuse and neglect; prior felony child abuse conviction; stipulated facts. | |
| In re: E.A.V. (17-1235 - Unpublished)
Termination of parental rights; neglect; incarceration of parent | |
| Kennihan v. Kennihan (17-1154 - Unpublished)
Interlocutory appeal; Appellate jurisdiction; Insufficient statement of grounds for appellate review | |
| Krause v. RK Motors, LLC (17-1168 - Unpublished)
Art. 2 of the Uniform Commercial Code; Parol evidence rule; Exclusion and disclaimer of warranties; Effect of as is contract language; Attorneys' fees; N.C.R. App. P. 3. | |
| McGuire v. Olson (18-44 - Unpublished)
Express easement by deed; descriptions; ambiguity in plat; highway right-of-way; summary judgment. | |
| McNamara v. McNamara (17-1411 - Unpublished)
Civil Contempt | |
| Moch v. A.M. Pappas & Assocs., LLC (17-1126 - Unpublished)
Rule 11 Sanctions; Improper Purpose | |
| State v. Beam (17-1232 - Unpublished)
Motion to suppress; Statutory requirement to include affidavit with suppression motion; Waiver; Ineffective assistance of counsel | |
| State v. Degand (17-1026 - Unpublished)
6th Amendment, public trial | |
| State v. Fuller (17-495 - Unpublished)
possession of a firearm by a felon, motion to dismiss | |
| State v. Grady (17-731 - Unpublished)
Denial of a motion to suppress, oral findings of fact, adequacy of the verbatim transcript | |
| State v. Johnson (17-634 - Unpublished)
Plain error; Corroborating statements; Jury instructions | |
| State v. McKnight (17-1240 - Unpublished)
Motion to Dismiss, Sexual Offense in a Parental Role | |
| State v. McRavion (17-1177 - Unpublished)
Deadly Weapon. | |
| State v. Peterson (17-1336 - Unpublished)
probation violation, absconding | |
| State v. Poore (17-1387 - Unpublished)
MAR; sufficiency of indictment | |
| State v. Porter (17-738 - Unpublished)
Forfeiture of counsel; failure to object | |
| State v. Reynolds (17-1239 - Unpublished)
Felony Death by Motor Vehicle. | |
| State v. Smith (17-1378 - Unpublished)
Alford Plea; Writ of Certiorari; Guilty Plea | |
| State v. Taylor (17-730 - Unpublished)
Driving while impaired, motion to suppress, reconsideration, change in circumstances, jury instructions, alternative theories | |
| Stewart v. Steel Creek Prop. Owners Ass'n (17-1213 - Unpublished)
Covenants; Expert Testimony; North Carolina Debt Collection Act. | |
|
Filed: 19 June 2018 Mandate: 9 July 2018 Zip File of Published Opinions Case Title / Description | |
| Cordaro v. Harrington Bank, FSB (17-1032 - Published)
Liability of lender to borrower for inaccurate home appraisal; N.C. Gen. Stat. § 53-244 (SAFE Act); justifiable reliance; breach of contract; unfair and deceptive trade practices | |
| Hunt v. NC Dep't of Pub. Safety (17-1244 - Published)
N.C. Gen. Stat. § 126-35; discharge without just cause; authority to accept a resignation; compliance with grievance process; attorneys' fees; appointing authority | |
| In re: J.D.M-J. & O.M.L.J. (17-1328 - Published)
Permanency planning order; statutory procedure for terminating proceeding in juvenile court and transferring matter to civil custody action; ICPC; verification of adequate resources and understand legal significance; visitation rights | |
| In re: R.L.G. (17-1433 - Published)
Adjudication of neglect; consent adjudication order requirements; pre-adjudication hearing findings | |
| McClease v. Dover Volunteer Fire Dept. (17-1123 - Published)
Summary Judgment, Negligence, Negligent Infliction of Emotional Distress, Immunity | |
| Russell v. Wofford (17-1191 - Published)
no contact order, Chapter 50C | |
| State v. Cozart (17-535 - Published)
Satellite-based monitoring; Motion to discharge counsel; Ineffective assistance of counsel | |
| State v. Jones (17-114 - Published)
ineffective assistance of counsel claim, self-defense, bench trial, not deficient performance | |
| State v. Orellana (17-1133 - Published)
Indecent Liberties, Credibility | |
| The Comm. To Elect Dan Forest v. Emps. Political Action Comm. (17-569 - Published)
Standing, Injury in fact, political advertisement, Stand by your ad law, statutory damages | |
| Walker v. Hoke Cty. (17-341 - Published)
Motion to Dismiss; Rule 12(b)(1) of N.C. Rules of Civil Procedure; Taxpayer standing; Amotion | |
| Unpublished Opinions 19 June 2018 - Rule 30e - Zip File of Unpublished Opinions Mandate: 9 July 2018 | |
| Amelio v. Real Est. By Design, LLC (17-724 - Unpublished)
Interlocutory appeal; partial summary judgment order; claimed substantial right to avoid inconsistent jury verdicts; no substantial right demonstrated | |
| Bates v. Gomezjuardo (16-242-2 - Unpublished)
| |
| Cabarrus Cty. Dep't of Hum. Servs. v. Morgan (17-487 - Unpublished)
Child support; N.C. Gen. Stat. 110-136.4(b); Income withholding; Unsupported findings of fact. | |
| Carroll v. Manville (17-1172 - Unpublished)
Denial of Workers' Compensation Claim; Occupational Disease; Asbestosis; N.C. Gen. Stat. 97-57 | |
| Daniels v. Daniels (18-73 - Unpublished)
Subject matter jurisdiction; Moot | |
| Giusto v. Robertson Ventrues, Inc. (17-1205 - Unpublished)
Interlocutory appeal from order denying summary judgment; no substantial right | |
| Homestead At Mills River Prop. Owners Ass'n, Inc. v. Hyder (17-606 - Unpublished)
Association standing barred by failure to follow corporate bylaws | |
| In re: A.B., C.B., J.B., A.B. (17-1321 - Unpublished)
Abuse, neglect, dependency; Termination of parental rights; Adequate housing and employment | |
| In re: A.J., Jr. & P.H. (17-1334 - Unpublished)
Subject matter jurisdiction; Emergency judge; Termination of parental rights; Willful abandonment; Clear and convincing evidence | |
| In re: J.R. (18-103 - Unpublished)
TPR; parental guardian ad litem; competency | |
| In re: K.K-K.C. & K.E.C., II (18-18 - Unpublished)
Termination of parental rights; Incapability to properly care for juveniles | |
| In re: S.S. & T.N.S. (17-1383 - Unpublished)
| |
| In re: T.S.P. (18-118 - Unpublished)
Involuntary recommitment order; Not guilty by reason of insanity; Effect of vacated criminal judgment | |
| In re: P.B. (18-83 - Unpublished)
TPR, motion to continue | |
| In re: X.A.R., N.L.M., C.L.M. Jr. (17-1346 - Unpublished)
Termination of parental rights; Neglect; Entry of adjudicatory order | |
| State v. Bias (17-1236 - Unpublished)
Motion to dismiss | |
| State v. Brown (17-1271 - Unpublished)
Sentencing; Prior record level; Probation | |
| State v. Burnette (17-847 - Unpublished)
Jury instructions; Constructive possession; Variance from indictment | |
| State v. Cole (17-1196 - Unpublished)
Criminal contempt | |
| State v. Dail (17-294 - Unpublished)
first degree murder, jury instructions, admissibility of evidence | |
| State v. Greene (17-916 - Unpublished)
Indigent defendant's attorney's fees; N.C. Gen. Stat. 7A-455; Pretrial confinement credit; N.C. Gen. Stat. 15-196.1. | |
| State v. Hewitt (17-1157 - Unpublished)
Batson v. Kentucky; Race-neutral explanation; Juror misconduct; Mistrial | |
| State v. Milligan (18-307 - Unpublished)
Probation revocation; New criminal offense; N.C. Gen. Stat. 15A-1345(e)notice requirement. | |
| State v. Mills (17-1350 - Unpublished)
Anders; Kinch | |
| State v. Pratt (17-1294 - Unpublished)
Indictment; Facially invalid; Motion to amend | |
| State v. Pruitt (17-883 - Unpublished)
second-degree sexual offense; motion to dismiss for insufficiency of the evidence on the element of force; jury instructions on the element of force; reliability under Daubert of sexual assault nurse examiner's expert opinion testimony under Rule 702(a); attorneys' fees | |
| State v. Raborn (17-1105 - Unpublished)
armed robbery; jury instructions; alleged error in failing to instruct on lesser-included offenses of common law robbery and assault with a deadly weapon | |
| State v. Ramirez (17-1273 - Unpublished)
probation revocation; motion to suppress; subject matter jurisdiction | |
| State v. Williams (17-518 - Unpublished)
Expert testimony; N.C.R. Evid. 702(a); Daubert reliability inquiry; firearm toolmark identification; prior inconsistent statements; plain error review | |
| Wolfe v. Poindexter (17-1366 - Unpublished)
summons; service of process; personal jurisdiction | |
|
Filed: 5 June 2018 Mandate: 25 June 2018 Zip File of Published Opinions Case Title / Description | |
| Beasley v. Beasley (17-787 - Published)
Attorney's Fees; Interlocutory Order | |
| Emerson v. Cape Fear Country Club, Inc. (17-1149 - Published)
Nonprofit Corporation Act, statutory interpretation, termination of membership | |
| French Broad Place, LLC v. Asheville Sav. Bank, S.S.B. (17-1087 - Published)
1. summary judgment; 2. commercial loan agreement; 3. breach of contract; 4. merger clause; 5. unfair or deceptive trade practices; 6. statute of frauds- commercial loan- N.C.G.S. § 22-5; 6. breach of fiduciary duty; 7. failure to object to materials submitted to trial court on summary judgment | |
| Haulcy v. The Goodyear Tire & Rubber Co. (17-844 - Published)
Workers' compensation; compensability of injury; employer-funded disability payment credit; Industrial Commission's authority to amend deputy commissioner's opinion and award; issue preservation | |
| In re: A.J.C. (18-41 - Published)
3.1; TPR; jurisdiction | |
| In re: J.A.M. (16-563-2 - Published)
(View Supreme Court Opinion) Neglect adjudication; prior history of termination | |
| Johnson v. Johnson (17-502 - Published)
Motion to set aside separation agreement; Consideration; Reconciliation; Unconscionability | |
| Standridge v. Standridge (17-493 - Published)
family law, equitable distribution order, lack of subject matter jurisdiction | |
| State v. Clapp (17-1104 - Published)
Driving while impaired; motion to suppress; probable cause | |
| State v. Howard (17-1143 - Published)
Counterfeit merchandise and goods; probable cause for search; nexus between contraband and location to be searched; timeliness of evidence to support search; motion to suppress, required conclusions of law, NCGS 15A-977(f). | |
| State v. Lenoir (17-943 - Published)
Insufficient probable cause to support issuance of search warrant; motion to suppress; plain error | |
| State v. Mitchell (17-212 - Published)
felonious stalking, obstruction of justice | |
| State v. Parisi (17-1221 - Published)
Motion to Suppress; Probable Cause | |
| State v. Randall (17-924 - Published)
Motion for post-conviction DNA testing; N.C. Gen. Stat. § 15A-268, N.C. Gen. Stat. § 15A-269; materiality of DNA evidence; inventory of evidence. | |
| State v. Sutton (17-35 - Published)
traffic stop; reasonable suspicion | |
| State v. Teague (17-1134 - Published)
Motion to suppress; drugs/marijuana; trash search; anonymous tip; staleness; totality of the circumstances test; probable cause | |
| State v. Veney (17-1323 - Published)
Sixth Amendment Right to Counsel; structural error; critical stage; trial court communicating with jury in counsel's absence; voir dire; harmless error; failure to preserve. | |
| WFC Lynnwood I LLC v. Lee of Raleigh, Inc. (17-562 - Published)
Summary judgment; Liquidated damages; Attorneys' fees | |
| Unpublished Opinions 5 June 2018 - Rule 30e - Zip File of Unpublished Opinions Mandate: 25 June 2018 | |
| Anderson v. The NC State Bd. of Elections & Ethics Enforcement (17-1370 - Unpublished)
Early voting plan, judicial review of State Board of Elections decisions; mootness- capable of repetition, yet evading review; mootness- public interest exception; lack of subject matter jurisdiction. | |
| Belamy v. Branson (17-666 - Unpublished)
N.C. Gen. Stat. Section 1A-1, Rule 41(b); Involuntary dismissal; Failure to prosecute | |
| City of Hickory v. Grimes (17-441 - Unpublished)
Wrongful acts, insurance policy, exclusionary clause, contract interpretation, duty to defend and indemnify | |
| Coffey v. Coffey (17-1243 - Unpublished)
Civil Contempt; Purge Conditions; No-Contact Order | |
| Greater Harvest Global Ministries, Inc. v. Blackwell Heating & Air Conditioning, Inc. (17-630 - Unpublished)
Rule 37 Sanctions, Dismissal, Discovery violations | |
| In re: C.D.W. (17-352 - Unpublished)
involuntary commitment | |
| In re: D.M.O. (17-1342 - Unpublished)
TPR; evidence on remand | |
| In re: E.L.J. & M.D.J. (17-1138 - Unpublished)
Motion to continue; Termination of parental rights; Failure to make reasonable progress | |
| In re: M.D. (17-1198 - Unpublished)
involuntary commitment; dangerous to self; dangerous to others | |
| In re: M.T. (17-1347 - Unpublished)
Termination of parental rights; Neglect | |
| In re: B.A.S. (17-1367 - Unpublished)
termination of parental rights; N.C. Gen. Stat. 7B-1111(a)(5) | |
| In re: T.T. (17-985 - Unpublished)
Motion to suppress, reasonable suspicion, delinquency history, findings of fact | |
| In re: Z.R., C.R., J.R. (17-950 - Unpublished)
Termination of parental rights; failure to make reasonable progress under N.C. Gen. Stat. 7B-1111(a)(2); cessation of reunification efforts | |
| Kaplan v. Kaplan (17-1042 - Unpublished)
Child support; post-separation support; civil contempt; noncompliance with past orders; failure to appear at contempt hearing | |
| Li v. Chung (17-1069 - Unpublished)
Interlocutory appeal from order denying summary judgment; no substantial right | |
| Midgette v. Concepcion (17-1230 - Unpublished)
Dismissal for insufficient service of process; Rebuttal of presumption of service; Denial of Rule 52 motion for additional findings of fact | |
| Napoli v. Scottrade, Inc. (17-783 - Unpublished)
Motion to dismiss; negligence; U.C.C.; adjudication of incompetency | |
| Preferred Concrete Polishing, Inc. v. Pike (17-1092 - Unpublished)
Dismissal of quantum meruit action; Express contract for same services; Denial of motion to amend complaint; Undue delay | |
| Ramirez v. Stuart Pierce Farms, Inc. (17-525 - Unpublished)
Workers' compensation; compromise settlement agreement; N.C. Gen. Stat. 97-17; Industrial Commission Rule 502 | |
| Robeson Cty. Enforcement Unit v. Harrison (17-558 - Unpublished)
Child Support; Modification; Substantial Change in Circumstances | |
| Round Boys, LLC v. Vill. of Sugar Mountain (17-515 - Unpublished)
Review of a Board of Adjustment; Denial of a variance application; Authority of a Board of Adjustment on remand from the Superior Court | |
| Silver v. Chase Props., Inc. (17-1204 - Unpublished)
Broker's commission; breach of contract; certain and definite term; meeting of the minds; real estate agency | |
| State v. Allen (17-973 - Unpublished)
Waiver; Evidence | |
| State v. Antone (16-1203 - Unpublished)
N.C. Gen. Stat. § 15A-1340.19A, et seq.; Ex post facto laws; Juvenile Sentencing | |
| State v. Brawley (17-287-2 - Unpublished)
Restitution, valuation, worksheets | |
| State v. Charles (17-937 - Unpublished)
First-degree murder; jury instructions; acting in concert. | |
| State v. Cook (17-885 - Unpublished)
Direct Criminal Contempt | |
| State v. Corey (17-1031 - Unpublished)
Charge conference; Aggravating factor; Substantial similarity out-of-state conviction | |
| State v. Foster (17-989 - Unpublished)
First degree rape; Plain error; Admission of gun into evidence; Admission of photographs of victim's injuries | |
| State v. Freeman (17-469 - Unpublished)
Rule of Appellate Procedure 2, sentencing B1 and B2 | |
| State v. Hicks (17-1109 - Unpublished)
State failed to give expert witness's CV to defendant; No prejudice to defendant. | |
| State v. Hill (17-993 - Unpublished)
Video evidence, authentication, serious injury, sufficiency of the evidence, jury decision, consecutive sentencing | |
| State v. Hoppes (17-861 - Unpublished)
First degree murder; Standard of review for closing argument where defendant did not object; Ex mero motu intervention by trial court | |
| State v. Lawing (17-231 - Unpublished)
first degree murder, motion to continue, motion to dismiss, 404(b) | |
| State v. Lewis (17-1096 - Unpublished)
Probation revocation; Committing additional offenses | |
| State v. Murray (17-769 - Unpublished)
Preservation, Right to public trial, flight instruction | |
| State v. Perry (17-1223 - Unpublished)
Cocaine, motion to suppress, no material conflicts in evidence, chain of custody for evidence, habitual felon. | |
| State v. Rucker (17-809 - Unpublished)
First-degree murder, first-degree kidnapping, felony breaking or entering, larceny; admissibility of officer testimony regarding truthfulness of a witness; special instruction on kidnapping. | |
| State v. Sanchez (17-1135 - Unpublished)
Witness Lists; Voir Dire; Expert Testimony; Confrontation Clause | |
| State v. Scott (17-1181 - Unpublished)
Second-degree Murder. | |
| State v. Simmons (17-952 - Unpublished)
Driving while impaired; waiver of counsel; duty to confirm that a defendant understands the range of permissible punishments | |
| State v. Smith (17-1116 - Unpublished)
speedy trial; motion to dismiss | |
| State v. Surratt (17-1285 - Unpublished)
Failure to register as a sex offender; no fatal variance between indictment and evidence at trial; criminal collateral estoppel; State v. Dial factors; application of sex offender registry. | |
| State v. Taylor (17-545 - Unpublished)
Felonious breaking or entering; joinder of charges; denial of motion for mistrial; IAC; victim-impact evidence | |
| State v. Tomlin (17-351 - Unpublished)
MAR, waiver of statutory right | |
| State v. Yater (17-390 - Unpublished)
admission of evidence, judge's comments not impermissible opinion | |
| Strazzanti v. Dolce (17-1217 - Unpublished)
Child custody, clear and convincing evidence, attorney?s fees, sufficient findings of fact | |
| Swan Beach Corolla, L.L.C. v. Cty. of Currituck (17-411 - Unpublished)
Entry of Default; Appeal from Rule 60(b) motion; Dismissed as moot | |
| White v. Guest Servs., Inc. (17-1156 - Unpublished)
Workers' Compensation; Injury by Accident | |
|
Filed: 15 May 2018 Mandate: 4 June 2018 Zip File of Published Opinions Case Title / Description | |
| ABC Servs., LLC v. Wheatly Boys, LLC (17-981 - Published)
Local rules, motions practice, littering, litter receptacle, trespass to property, negligence, scope of invitation, motion to dismiss | |
| Brooks v. City of Winston-Salem (17-1208 - Published)
Workers' compensation causation; arising out of employment; fall from work truck; blackout | |
| Dep't of Transp. v. Laxmi Hotels of Spring Lake, Inc. (17-951 - Published)
Rule 60(b) | |
| GEA, Inc. v Luxury Auctions Mktg., Inc. (17-1055 - Published)
Sanctions, Discovery Order | |
| In re: Hendrix (17-281 - Published)
motion to dismiss; codicil | |
| In re: Menendez (17-1341 - Published)
Third Party bidder wants to enforce sale even though loan was reinstated. | |
| Jeffries v. Cty. of Harnett (17-729 - Published)
Zoning; statutory farm exemption from countrywide zoning under N.C. gen. Stat. 153A-340(b)(1); bona fide farm purpose of agritourism under N.C. Gen. Stat. 153A-340(b)(2a); failure to comply with N.C. Gen. Stat. 160A-393's requirements in challenging zoning board's decision | |
| Kaiser v. Kaiser (17-553 - Published)
Child Support Guidelines; Required Fact Findings; Calculation of Gross Income; Regular Capital Gains; Dividend Income; Payments by Cohabitant for Household Expenses | |
| LeTendre v. Currituck Cty. (17-1108 - Published)
preliminary injunction; zoning and enabling statutes; unconstitutional - arbitrary & capricious; vague; equal protection; NC Building Code; inverse condemnation; laches; vested right | |
| Mastny v. Mastny (17-1171 - Published)
modification of child custody; sufficient findings of fact; nexus between changed circumstances and child's welfare; proposed modification and child's best interests; mandate upon remand. | |
| Marsh v. Marsh (17-457 - Published)
Temporary child custody order; Without prejudice | |
| McDonald v. The Bank of N.Y. Mellon Tr. Co. (17-1310 - Published)
Rule 12(b)(6) motion to dismiss; foreclosure by power of sale; loan modification; breach of contract; Unfair or Deceptive Trade Practices, NCGS 75-1.1; complaint reveals defense to claim. | |
| Moore v. Jordan (17-577 - Published)
Legal malpractice; Equitable distribution; Marital property; Attorney's duty of care | |
| Nationwide Affinity Ins. Co. of Am. v. Bei (17-1086 - Published)
Under-insured Motorist Coverage. | |
| NC Dep't of Envtl. Quality v. TRK Dev., LLC (17-882 - Published)
Equitable estoppel as applied to a government agency; Solid Waste Management Act; NCGS § 130A-291 | |
| State v. Courtney (17-1095 - Published)
Double jeopardy; N.C. Gen. Stat. 15A-931 voluntary dismissal; post-jeopardy dismissal of criminal charge bars reprosecution; post-mistrial voluntary dismissal of hung charge bars retrial | |
| State v. Cox (17-862 - Published)
Motion to suppress - reasonable suspicion to extend traffic stop | |
| State v. Grady (17-12 - Published)
Satellite-based monitoring (SBM); Recidivist sex offender; Fourth Amendment; Reasonableness of the search | |
| State v. McDaniel (17-856 - Published)
Doctrine of recent possession - element of exclusive possession | |
| State v. Sharpe (17-602 - Published)
probation revocation | |
| State v. Shaw (17-1061 - Published)
Post Conviction DNA Testing and Discovery | |
| State v. Stanley (17-1000 - Published)
Knock and talk; warrantless search; officers approaching back door of residence; clearly visible and unobstructed front door | |
| State v. Turnage (17-803 - Published)
Motion to suppress; Seizure; Submission to show of authority; Activation of police vehicle lights | |
| Swauger v. Univ. of NC At Charlotte (17-1303 - Published)
Subject Matter Jurisdiction; Judicial Review; Office of Administrative Hearings; Sovereign Immunity | |
| Unpublished Opinions 15 May 2018 - Rule 30e - Zip File of Unpublished Opinions Mandate: 4 June 2018 | |
| Bowman v. Bros. Air & Heat, Inc. (17-1203 - Unpublished)
Summary Judgment, Fraud, Negligent Misrepresentation, Unfair and Deceptive Trade Practices, Punitive Damages | |
| Church v. Decker (17-1119 - Unpublished)
Motion to Dismiss; Service; Rule 58, 59, 60 | |
| Church v. Decker (17-1120 - Unpublished)
Motion to Dismiss; Service; Rule 58, 59, 60 | |
| Dunnigan v. Mack (17-1148 - Unpublished)
Unfair and Deceptive Trade Practices Claim; Denial of Request for Attorneys' Fees | |
| Hewitt v. Hewitt (17-791 - Unpublished)
Child Support, Alimony, Equitable Distribution, Attorney's Fees. | |
| Hill v. Hill (17-1125 - Unpublished)
equitable distribution; appellate mandate; invited error | |
| In re: A.L., N.L., & E.L. (17-1298 - Unpublished)
Termination of parental rights; Best interest determination | |
| In re: E.D. (17-1254 - Unpublished)
Motion for continuance; Termination of parental rights for willfulness | |
| In re: S.P. (17-616 - Unpublished)
Involuntary Commitment; Dangerous to Others | |
| In re: T.L.B. (17-1326 - Unpublished)
TPR | |
| In re: Ward (17-454 - Unpublished)
Will caveat, expert testimony, preservation of issues for appeal | |
| In re: J.W. (17-1278 - Unpublished)
neglected juvenile; adjudication and disposition order | |
| Kish v. Frye Reg'l Med. Ctr. (17-1314 - Unpublished)
workers' compensation; attorney's fees; sanctions | |
| Prince v. Underground Constr. Co., Inc. (17-1195 - Unpublished)
attorney's fees; standing | |
| Pryor v. Express Servs. (17-1060 - Unpublished)
North Carolina Industrial Commission; workers? compensation claim. | |
| State v. Brown (17-944 - Unpublished)
sexual offense; kidnapping; resentencing after notice of appeal; jurisdiction | |
| State v. Curlee (17-1379 - Unpublished)
larceny from merchant; habitual felon; higher sentence on retrial; NCGS 15 A-1335. | |
| State v. Dancy (17-1103 - Unpublished)
Rule 2; Ineffective assistance of counsel | |
| State v. Ford (17-817 - Unpublished)
Short form indictment; Lesser included offense; Right to unanimous jury verdict; Plain error | |
| State v. Garland (17-1097 - Unpublished)
Attempted robbery; possession of a firearm by a felon; Rules of Evidence 401 and 403; ineffective assistance of counsel. | |
| State v. Gibson (17-1012 - Unpublished)
Sex Offense; Preservation of Evidentiary Challenges; Withdrawal of Objection; Failure to Make Offer of Proof; Vouching for Credibility of Victim; Victim's Immigration Status; Petition for Writ of Certiorari for Challenges to Satellite-Based Monitoring | |
| State v. Gladney (17-831 - Unpublished)
Motion to suppress evidence | |
| State v. Hines (17-1141 - Unpublished)
Motion to dismiss; Unanimous jury verdict | |
| State v. Hunter (17-1256 - Unpublished)
Trafficking marijuana; conspiracy; habitual felon; motion to suppress; warrantless search of home; destruction of evidence; harm to officers. | |
| State v. Jimenez (17-1050 - Unpublished)
constructive possession of schedule II drugs; possession of firearm by felon; habitual felon. | |
| State v. Luker (17-886 - Unpublished)
requested jury instruction | |
| State v. Mackins (17-1277 - Unpublished)
larceny from merchant; resisting public officer; habitual felon; flight; improper comment; failure to plead; harmless error. | |
| State v. McClelland (17-1231 - Unpublished)
felony speeding to elude arrest; habitual felon; motion to continue; motion to dismiss; sufficiency of the evidence. | |
| State v. Miller (17-1049 - Unpublished)
probation revocation; continuance to retain counsel; waiver of counsel | |
| State v. Mills (17-747 - Unpublished)
Rule 404(b)evidence; common plan or scheme motive; plain error; ineffective assistance of appellate counsel; deficient performance; prior bad acts; child sex abuse | |
| State v. Moore (17-1225 - Unpublished)
| |
| State v. Payne (17-650 - Unpublished)
Motion to Suppress; Admissibility of Evidence | |
| State v. Pursley (17-830 - Unpublished)
Motion to suppress evidence - no unlawful extension of traffic stop | |
| State v. Smith (17-925 - Unpublished)
Plain error; prior consistent statement; habitual felon status; sufficiency of the evidence; offense date for prior felony | |
| State v. Stroup (17-1059 - Unpublished)
motion to suppress; habitual impaired driving; habitual felon; delay in indictment. | |
| State v. Truesdale (18-3 - Unpublished)
motion to suppress; probable cause to arrest | |
| State v. Twine (17-1094 - Unpublished)
Following too closely; probable cause for stop; IAC; cocaine possession; possession of firearm by felon. | |
| State v. Xiong (17-1185 - Unpublished)
Rule 404(b); Drug Offense; Relevance | |
| Sutton v. Shackley (17-824 - Unpublished)
Personal jurisdiction, necessary party, recusal, default judgment, summary judgment | |
| Talley v. Pride Mobility Prods. Corp. (17-896 - Unpublished)
No Products Liability; Negligence in Exploding Chair Case. | |
| Whitman v. Stimpson (17-922 - Unpublished)
Negligent entrustment; summary judgment | |
|
Filed: 1 May 2018 Mandate: 21 May 2018 Zip File of Published Opinions Case Title / Description | |
| In re: I.W.P. (17-94 - Published)
Juvenile delinquency; Disorderly conduct; Sufficiency of the evidence; Section 7B-2411; Section 7B-2501(c); Delegation of authority. | |
| Ingram v. Henderson Cty. Hosp. Corp., Inc. (16-1016 - Published)
Medical malpractice, admission of clinical studies, preclusion of testimony regarding standard of care, Rule 9(j) exclusion of evidence, | |
| Lambert v. Town of Sylva (17-84 - Published)
directed verdict, Rule 50, governmental immunity, joinder of necessary parties | |
| Penegar v. United Parcel Serv. (17-404 - Published)
Last injurious exposure; Average weekly wage calculation; North Carolina Full Industrial Commission authority to amend an award | |
| Porter v. Beaverdam Run Condo. Ass'n (17-793 - Published)
Declaratory judgment action; North Carolina Condominium Act; condominium owners? association?s duty to maintain insurance coverage on the common elements of a condominium community | |
| State v. Daniel (17-974 - Published)
Driving while impaired, probable cause, motion to suppress, swerving | |
| State v. Eldred (17-795 - Published)
Motion to Dismiss; Driving while Impaired; Sufficiency of the evidence | |
| State v. Gray (17-508 - Published)
Rule 702(a), controlled substances, reliability of experts and methods | |
| State v. Hines (17-968 - Published)
Corpus Delicti Rule; DWI; Motion to Dismiss | |
| State v. Lewis (17-888 - Published)
Search Warrant; Probable Cause; Insufficient Facts in Warrant Application and Affidavit | |
| State v. Locklear (17-982 - Published)
jury instructions; flight; variance; plain error | |
| State v. Lofton (17-716 - Published)
Indictment; Fatal Defect; Manufacturing a Controlled Substance; Elements; Intent to Distribute | |
| State v. Santillan (17-251 - Published)
Invocation of Right to Counsel; Further Questioning By Law Enforcement; Remand for Further Findings; Admission of Incriminating Rap Lyrics; Plain Error; Conceded Error at Sentencing | |
| State v. Solomon (17-295 - Published)
Second degree murder; Relevant evidence; Testimony regarding purported diagnosed mental disorders | |
| State v. Stroud (17-762 - Published)
Sufficiency of Indictment where name, race, and date of birth contain inaccuracies; motion to dismiss conspiracy to commit robbery; due process - compelled witness testimony | |
| Unpublished Opinions 1 May 2018 - Rule 30e - Zip File of Unpublished Opinions Mandate: 21 May 2018 | |
| Abdeljabar v. Khalil (17-667 - Unpublished)
Equitable Distribution; Findings of Fact; Fraudulent Transfer; Distributive Award | |
| Averitt v. Averitt (17-1206 - Unpublished)
Summary judgment; fraud; constructive fraud | |
| Dyer v. Roten (17-671 - Unpublished)
Custody | |
| Grodensky v. McLendon (17-1258 - Unpublished)
Medical malpractice; Causation; Expert | |
| Hogue v. Cruz (17-122 - Unpublished)
summary judgment, apparent authority | |
| Holcombe v. Oak Island Aircraft Hous., LLC (17-1081 - Unpublished)
Summary Judgment; Estoppel; Default; Attorney's Fees | |
| Hopper v. Lakeside Mills, Inc. (17-906 - Unpublished)
Industrial Commission Rule 701; Form 44; Motion to dismiss | |
| In re: I.G.M. (17-1065 - Unpublished)
Termination of parental rights; incarceration and likelihood of future neglect | |
| In re: X.M.C. & S.M.H-C. (17-1057 - Unpublished)
Termination of parental rights; Relative placement | |
| In re: E.J.B. (17-1432 - Unpublished)
Abatement; Preservation. | |
| In re: S.W. (17-1297 - Unpublished)
Termination of parental rights; failure to make reasonable progress; failure to pay reasonable cost of car; abandonment; insufficient findings of fact as to willfulness for each gound | |
| In Re: T.D.W., H.M.W., A.R.R. (17-1290 - Unpublished)
Permanency planning order; Insufficient findings of fact; Termination of parental rights. | |
| Lewis v. Lowe's Home Ctrs., LLC (17-1272 - Unpublished)
workers' compensation; injury by accident | |
| Madigan v. Madigan (17-468 - Unpublished)
child support | |
| Price v. Paschall (17-1146 - Unpublished)
Petition to sue as indigent form order; removal of magistrate for signing arrest warrant; judicial act; writ of mandamus | |
| Radinger v. Asheville Sch., Inc. (17-1173 - Unpublished)
Contract for private school education, valid consideration, ambiguity, breach, unjust enrichment | |
| Roberson v. Tr. Servs. of Carolina, LLC (17-1152 - Unpublished)
Foreclosure not barred by res judicata. | |
| Ross v. N.C. State Bureau of Investigation (17-794 - Unpublished)
Industrial Commission; Criminal Record in Employee's History. | |
| State v. Bennett (17-986 - Unpublished)
possession of firearm by convicted felon; pre-trial release; officer's testimony regarding witness; insufficient notice of aggravating factor for sentencing; prior record level determination. | |
| State v. Brown (17-1110 - Unpublished)
Common law robbery, motion to dismiss; re-reading jury instructions; hearsay testimony; plain error. | |
| State v. Lewis (17-1051 - Unpublished)
Search Warrant; Probable Cause; Insufficient Facts in Warrant Application and Affidavit | |
| State v. McAlister (17-282 - Unpublished)
motion to suppress, unpreserved error, jury instructions | |
| State v. Muhammad (17-166 - Unpublished)
Motion to Dismiss; Sufficiency of the Evidence; Preservation; Admissibility of Evidence; Prejudice | |
| State v. Parker (17-1067 - Unpublished)
PWC; sufficiency of indictment; jurisdiction; habitual misdemeanor assault | |
| State v. Pegues (17-70 - Unpublished)
substitution of counsel, ineffective assistance of counsel, capacity to stand trial | |
| State v. Ramirez (17-603 - Unpublished)
Flight, jury instruction, prejudicial error | |
| Wiley v. Armstrong transfer & Storage Co. (17-850 - Unpublished)
Workers' Compensation | |
|
Filed: 17 April 2018 Mandate: 7 May 2018 Zip File of Published Opinions Case Title / Description | |
| Bluitt v. Wake Forest Univ. Baptist Med. Ctr. (17-1170 - Published)
res ipsa loquitur; medial negligence | |
| Chambers v. The Moses H. Cone Mem'l Hosp. (17-686 - Published)
Class Action; Standing | |
| Cohen v. Franklin Cty. Sch. (17-1140 - Published)
Injury by accident; workers' compensation; stroke during meeting with supervisor | |
| Cole v. Bonaparte's Retreat Prop. Owners' Ass'n, Inc. (17-492 - Published)
Adverse Possession; Tacking; Privity; Nonprofit Corporations; Ultra Vires; Civil Procedure, Rule 54 | |
| Davis v. Craven Cty. ABC Bd. (17-908 - Published)
Workers' Compensation; Medical Compensation; Non-FDA-Approved Drugs; Role of the Courts in Policy Decisions | |
| DeBruhl v. Mecklenburg Cty. Sheriff's Off. (17-880 - Published)
Constitutional Law, Procedural Due Process, Concealed Handgun Permit | |
| DTH Media Corp. v. Folt (17-871 - Published)
Family Educational Rights and Privacy Act (FERPA) 20 U.S.C.§ 1232g; Public Records Act N.C. Gen. Stat. §§ 132-1 to -11; Student disciplinary records; federal pre-emption of state law; congressional intent; mandatory disclosure; policy arguments | |
| Pachas v. NC Dep't of Health & Hum. Servs. (17-710 - Published)
Medicaid; Exhaustion of Administrative Remedies; Limitations on Bypassing Administrative Review and Seeking Immediate Judicial Review | |
| Savage Towing, Inc. v. Town of Cary (17-1228 - Published)
denial of preliminary injunction; town ordinance on private towing; interlocutory appeal; no substantial right; due process; equal protection; facial challenge | |
| State v. Blankenship (17-713 - Published)
Hearsay; Corpus Delicti; Ineffective Assistance of Counsel. | |
| State v. Collington (17-726 - Published)
Ineffective Assistance of Counsel | |
| State v. Crump (17-488 - Published)
Disqualifying Felony; Self-Defense; Jury Instructions; Voir Dire; Implicit Bias | |
| State v. Fincher (17-843 - Published)
Motion to Dismiss; DWI; Controlled Substance; Expert Testimony; Rule 702 | |
| State v. Frederick (17-370 - Published)
(View Supreme Court Opinion) Motion to suppress; Search warrant; Probable cause | |
| State v. Morgan (17-428 - Published)
N.C. Gen. Stat. Section 15A-1344(f)(3); Good cause; N.C. Gen. Stat. Section 7A-455 | |
| State v. Thomas (17-520 - Published)
Expert Testimony; Aggressor Doctrine; Self-Defense; Restitution | |
| State v. Velasquez-Cardenas (17-422 - Published)
Anders brief, DNA testing, Appeal, N.C.G.S. sec. 15A-270.1, Authority of Court of Appeals | |
| Summerville v. Summerville (17-690 - Published)
Modification of child custody; trial court's sua sponte modification of child support award; lack of appellate jurisdiction to address criminal contempt finding; attorneys fees for defense of child custody modification; temporary vs. permanent custody orders | |
| Unpublished Opinions 17 April 2018 - Rule 30e - Zip File of Unpublished Opinions Mandate: 7 May 2018 | |
| Barron v. Rafidi (17-879 - Unpublished)
Violation of Appellate Rules; jurisdictional defect; N.C.R. App. P. 3 | |
| Chase v. Greif Inc. (17-1005 - Unpublished)
Workers' Compensation | |
| Da Silva v. WakeMed (17-820 - Unpublished)
Expert Testimony. | |
| In re: B.D.A.I., M.B., M.T., B.T. (17-979 - Unpublished)
Neglect; Best Interests. | |
| In re: Cooke (17-948 - Unpublished)
Jurisdiction | |
| In re: J.O. (17-1033 - Unpublished)
Guardianship | |
| In re: J.R. (17-977 - Unpublished)
Termination of parental rights; best-interest determination | |
| In re: K.R.R. (18-19 - Unpublished)
Termination of parental rights | |
| In re: R.R. (17-779 - Unpublished)
Danger to Self; Involuntary Commitment Order; Near Future | |
| In re: S.C.N.C. & C.X.D.T. (17-1202 - Unpublished)
Termination of Parental Rights; Repetition of Neglect. | |
| In re: A.C.H., R.B.H., R.D.H., Jr., J.D.G. (17-1063 - Unpublished)
Termination of Parental Rights; Neglect; Abuse; Denial of Visitation | |
| In re: C.A.B. (17-1164 - Unpublished)
Willful Abandonment. | |
| In re: C.B.T. (17-1209 - Unpublished)
Termination of parental rights | |
| In re: I.A. & E.L. (17-877 - Unpublished)
Cessation of reunification; Mandatory findings; Standard of proof; Custody | |
| In re: J.D.L. (17-1265 - Unpublished)
Neglected and Dependent Juvenile, Visitation | |
| In re: J.M. (17-1413 - Unpublished)
Suspended Visitation; Interlocutory Order. | |
| In re: R.S.O.S. & R.E.O.S. (17-1098 - Unpublished)
Termination of parental rights; denial of motion to continue | |
| Kiggins v. Craven (17-910 - Unpublished)
Interlocutory Appeal; Substantial Right; Rule 12(b)(6) Motion to Dismiss; Criminal Conversation; Constitutional Challenge | |
| Leonard v. Tojeiro (17-895 - Unpublished)
Default Judgment, Promissory Note | |
| Miller v. Cooke (17-949 - Unpublished)
Jurisdiction | |
| Powell v. O'Reilly Auto Parts, Inc. (17-1006 - Unpublished)
workers' compensation; compensability; disability | |
| Quiet Reflections Retreat, Inc. v. The Bank of N.Y. Mellon (17-887 - Unpublished)
Civil procedure; service of process; entry of default | |
| State v. Audrey (17-1128 - Unpublished)
Motion for post-conviction DNA testing; Anders brief | |
| State v. Bittle (17-999 - Unpublished)
Felonious Breaking or Entering, Conspiracy, Habitual Felon Status | |
| State v. Brooks (17-768 - Unpublished)
Permissible Scope of License Checkpoint Stop; Denial of Motion to Suppress; Identity Theft | |
| State v. Calabrese (17-1001 - Unpublished)
driving while impaired; objection to closing arguments; references to religion; denial of special jury instruction; motion to reconstruct the record; supplemental affidavits | |
| State v. Clory (17-867 - Unpublished)
Motion to dismiss for insufficient evidence of discharging weapon into dwelling | |
| State v. Dick (17-1251 - Unpublished)
Assault with a Deadly Weapon Inflicting Serious Injury, Possession of a Firearm by a Felon | |
| State v. English (17-961 - Unpublished)
Failure to define willfully in jury instructions; plain error review | |
| State v. Fields (17-966 - Unpublished)
N.C. Gen. Stat. 15A-544-5; motion to set aside bond forfeiture; reduction of bond amount unauthorized | |
| State v. Foy (17-239 - Unpublished)
Plain error; Felony death by motor vehicle; Impaired driving; Blood analysis; Sufficient evidence; Disjunctive instruction | |
| State v. Fulghum (17-334 - Unpublished)
Evidence, Other Acts, Insurance Fraud | |
| State v. Giles (17-1068 - Unpublished)
motion to dismiss; jury instructions; clerical errors | |
| State v. Glover (17-804 - Unpublished)
Relevancy; Rule 403 Unfair Prejudice. | |
| State v. Greene (17-1074 - Unpublished)
Sentencing; Anders brief | |
| State v. Harris (17-964 - Unpublished)
N.C. Gen. Stat. 15A-544.5; motion to set aside bond forfeiture; reduction of bond amount unauthorized | |
| State v. Henricksen (17-953 - Unpublished)
First-Degree Trespass, Non-felonious Breaking or Entering, Lesser-included Offense, Attorney's Fees | |
| State v. Hovis (17-773 - Unpublished)
Satellite-based monitoring; effective date of N.C. Gen. Stat. 14-208.2(2b), (1a) | |
| State v. Jackson (17-939 - Unpublished)
Bill of Particulars; Credibility of a Witness; Relevancy. | |
| State v. Johnson (17-364 - Unpublished)
Motion to dismiss; Habitual impaired driving; Substantial similarity; Maintenance of breath analysis machine | |
| State v. Jordan (17-504 - Unpublished)
N.C. Gen. Stat. § 15A-928; habitual driving while impaired; formal arraignment | |
| State v. Keatts (17-1260 - Unpublished)
Post-Conviction DNA Testing, First-Degree Statutory Rape, Indecent Liberties | |
| State v. Leath (17-567 - Unpublished)
Plain error; request for jury instruction on law of abandoned property; felonious breaking or entering; felonious larceny | |
| State v. Lewis (17-965 - Unpublished)
N.C. Gen. Stat. 15A-544.5; motion to set aside bond forfeiture; reduction of bond amount unauthorized | |
| State v. McPhaul (17-942 - Unpublished)
Post-conviction DNA Testing, Felony Murder Rule | |
| State v. Richbourg (17-1007 - Unpublished)
Probation Revocation | |
| State v. Robinson (17-839 - Unpublished)
No prejudicial error; harmless error review; Rule 404(b) evidence of prior bad acts; first-degree murder; robbery with dangerous weapon | |
| State v. Ross (17-442 - Unpublished)
Anders brief, DNA testing, Appeal, N.C.G.S. sec. 15A-270.1, Authority of Court of Appeals | |
| State v. Ryckeley (17-200 - Unpublished)
jury instructions, motion to dismiss | |
| State v. Swain (16-1221 - Unpublished)
motion to suppress, need for written order | |
| State v. Tapia (17-471 - Unpublished)
Anders brief, DNA testing, Appeal, N.C.G.S. sec. 15A-270.1, Authority of Court of Appeals | |
| State v. Van (17-923 - Unpublished)
Delay in Appeal After Petition for Writ of Certiorari Allowed; Failure to Hold Indigency Hearing; Loss of Transcript; Second Degree Murder; Stipulation to Aggravating Factors | |
| State v. Wilson (17-917 - Unpublished)
Anders brief; N.C. Gen. Stat. 14-72(b)(6); habitual larceny; habitual felon status | |
|
Filed: 3 April 2018 Mandate: 23 April 2018 Zip File of Published Opinions Case Title / Description | |
| Boyce v. NC State Bar (16-858 - Published)
Standing; N.C. State Bar Discipline. | |
| Christian v. Dep't of Health & Hum. Servs. (17-605 - Published)
Child care license, due process, revocation, Show Compliance, maltreatment, omission | |
| Environmentalee v. N.C. Dep't of Env't & Nat. Res. (17-907 - Published)
administrative law; summary judgment; Rule 41(b) involuntary dismissal; CAMA | |
| In re: Sharpe (17-1151 - Published)
wills and estates; pre-marital agreement; contract interpretation; waiver of spousal elective share; judicial notice; review of clerk's findings. | |
| In re: J.R.S. & Z.L.S. (17-1101 - Published)
Removal of parties from juvenile proceeding; N.C. Gen. Stat. § 7B-401.1; Chapter 50 custody order; Grandparent custody; visitation; Best Interest determination. | |
| IO Moonwalkers, Inc. v. Banc Of Am. Merch. Servs., LLC (17-703 - Published)
Contract; Electronic Review and Signing; Ratification | |
| Peterson v. Caswell Developmental Ctr. Dept. of Health & Hum. Servs. (17-1139 - Published)
discipline of state employee; unacceptable personal conduct; tardiness and absences; ALJ review of agency decision; just cause for discipline. | |
| Regency Lake Owners' Ass'n, Inc. v. Regency Lake, LLC (17-1117 - Published)
Subdivision plat; access easement; declaratory relief; denial of preliminary injunction; necessary parties; re-hearing; interlocutory appeal. | |
| State v. Jones (17-796 - Published)
Traffic stop; reasonable suspicion; officer's testimony during motion to suppress hearing; crossing double yellow line on highway | |
| State v. Mathis (17-128 - Published)
Double Jeopardy, mistrial, ineffective assistance of counsel | |
| State v. Shore (16-1243-2 - Published)
Rule 702; Daubert Standard; IAC, mistrial; NCGS 15A-1222 | |
| State v. Smith (17-384 - Published)
Order Recusing District Attorney; Trial court?s authority to disqualify or recuse a District Attorney | |
| Sullivan v. Pugh (17-450 - Published)
Motion for summary judgment; Agency relationship; Apparent authority | |
| Unpublished Opinions 3 April 2018 - Rule 30e - Zip File of Unpublished Opinions Mandate: 23 April 2018 | |
| Antico v. NC Dep't of Pub. Safety (17-1085 - Unpublished)
just cause; unacceptable personal conduct | |
| Connor v. Connor (17-987 - Unpublished)
Alimony; Cohabitation; Totality of the Circumstances Test | |
| Doran v. The Fresh Mkt. (17-836 - Unpublished)
Workers? Compensation; Injury by Accident; Usual Work Routine | |
| In re: A.S. & A.S. (17-1100 - Unpublished)
termination of parental rights; competency hearings; neglect; substantial risk of harm; review hearings | |
| In re: E.M.S. (17-1078 - Unpublished)
Termination of Parental Rights; Neglect; No Merit Appeal | |
| In re: J.A.K., H.K.K., J.B.K. (17-1056 - Unpublished)
Termination; Failure to pay reasonable cost of care; Professional conduct | |
| In re: P.R., C.R. Jr., A.R. (17-901 - Unpublished)
Adjudication of neglect - sufficient findings of fact | |
| In re: R.L.H. & Q.C.W. (17-1136 - Unpublished)
3.1, adjudication of neglect, probability of repetition of neglect, clear and convincing evidence | |
| In re: D.M.P. (17-1073 - Unpublished)
Termination of Parental Rights; Neglect; Incarceration; Best Interests of the Child | |
| In re: G.N.R. (17-914 - Unpublished)
Termination of Parental Rights; Jurisdiction | |
| In re: T.D.H. (17-956 - Unpublished)
termination of parental rights, neglect, willful abandonment | |
| Lewis v. Lewis (17-790 - Unpublished)
Interlocutory Appeals; Rule 60 Motion | |
| NC Dep't of Ins. v. Mathis (17-752 - Unpublished)
whole record review; standard review | |
| Quantum Mortg. Corportation v. Ghelani (17-940 - Unpublished)
Loan Broker Act; Attorney's Fees. | |
| State v. Leonard (17-898 - Unpublished)
Larceny; motion to dismiss; acting in concert instruction to jury; circumstantial evidence | |
| State v. Ramos (17-808 - Unpublished)
Child Sex Offense; Improper Vouching; Plain Error | |
| State v. Richmond (17-87 - Unpublished)
motion to dismiss, possession of a firearm by a felon | |
| State v. Smith (17-680 - Unpublished)
Appellate Jurisdiction; Motion to Dismiss; Sentencing | |
| State v. Spaulding (17-1016 - Unpublished)
probation violation; failure to report; revocation of probation; absconding. | |
| State v. Taylor (17-376 - Unpublished)
Best Evidence Rule; Plain Error | |
| State v. Zinna (17-1028 - Unpublished)
motion for mistrial; Allen charge | |
| Whitley v. Bauguess (17-1047 - Unpublished)
Child custody, due process, oral judgment versus written judgments, welfare of the child | |
|
Filed: 20 March 2018 Mandate: 9 April 2018 Zip File of Published Opinions Case Title / Description | |
| Byron v. Synco Props., Inc. (17-318 - Published)
Standing; Declaratory Judgment Act; Facial Constitutional Challenges; Summary Judgment; Zoning | |
| Dep't of Transp. v. Stimpson (17-596 - Published)
condemnation, inverse condemnation, Map Act, counterclaim; N.C.G.S. Section 136-103 and 111 | |
| Durham Cty. v. Adams (17-929 - Published)
Child Support Action & Rule 11 Sanction, Attorneys' Fees. | |
| Engility Corp. v. Nell (17-984 - Published)
Motion to quash, discovery sanctions; interlocutory order; substantial right; review of Rule 60 ruling. | |
| Holton v. Holton (17-467 - Published)
action for equitable distribution and spousal support; Rule 12(b)(1) dismissal for lack of subject matter jurisdiction; Rule 12(b)(6) dismissal of a claim for rescission of separation agreement; scope of appellate review when Rule 12(b)(6) grounds support a Rule 12(b)(1) dismissal; consideration of matters outside pleading | |
| In re: A.A.S., A.A.A.T., J.A.W. (17-834 - Published)
Termination of Parental Rights; N.C. Gen. Stat. 7B-1001(a); Review of Permanency Planning Order; Willful Abandonment | |
| In re: Z.D. (17-876 - Published)
Private termination of parental rights action; insufficient findings of fact | |
| In re: E.D. (17-693 - Published)
Involuntary commitment; violation of statutory mandate; N.C. Gen. Stat. § 122C-266(a) | |
| Jacobs v. Brewington (17-8 - Published)
wills, devise, creditor | |
| Martinez v. Wake Cty. Bd. of Educ. (17-475 - Published)
N.C. Gen. Stat. § 143-300.1; Industrial Commission's jurisdiction to hear negligence claims related to the operation of school buses; Tort Claims Act | |
| Piedmont Nat. Gas Co., Inc. v. Kinlaw (17-619 - Published)
Cross-examination, Impeachment, Easements | |
| State v. Quinones (17-415 - Published)
Jury instruction; incorrect statement of law; element of possession | |
| State v Benitez (14-542-2 - Published)
(View Supreme Court Opinion) NCGS 7B-2101; motion to suppress; guardianship; MAR | |
| State v. Boderick (17-691 - Published)
Constitutional Law, Right to Trial by Jury, Bench Trial, Structural Error, Forfeiture of Counsel, Child Abuse, Murder | |
| State v. Bursell (16-1253 - Published)
Satellite-based monitoring; preservation of Grady issue; Rule 2 | |
| State v. Ditenhafer (16-965 - Published)
Felony obstruction of justice by a parent | |
| Unpublished Opinions 20 March 2018 - Rule 30e - Zip File of Unpublished Opinions Mandate: 9 April 2018 | |
| Atkinson v. Chamberlin-Spencer (17-941 - Unpublished)
Modification of child custody order; substantial change in circumstances affecting the welfare of the minor child; best interests of the minor child | |
| Bartlett v. NC Dep't of Pub. Safety (17-935 - Unpublished)
Tort Claims Act; Negligence; Industrial Commission | |
| Creed v. Creed (17-456 - Unpublished)
Liability payment credit, underinsured motorist coverage | |
| Dep't of Transp. v. Chapman (17-597 - Unpublished)
condemnation, inverse condemnation, Map Act, counterclaim, N.C.G.S. Section 136-103 and 111 | |
| Dep't of Transp. v. MDC Invs., LLC (17-598 - Unpublished)
condemnation, inverse condemnation, Map Act, counterclaim, N.C.G.S. Section 136-103 and 111 | |
| Finn v. Finn (17-811 - Unpublished)
Alimony, Attorney fee's, Divorce | |
| Gateway Terrace Partners, LLC v. MJM Gateway Terrace RE, LLC (17-647 - Unpublished)
Interlocutory appeal; motion for permanent injunction; denial of a substantial right | |
| Hagerman v. Union Cty. Bd. of Adjust. (17-319 - Unpublished)
Zoning; interpretation and application of zoning ordinance | |
| In re: A.R., D.G., T.G. (17-1212 - Unpublished)
Adjudication of neglect and dependency; substantial risk of harm | |
| In re: I.I.C., Jr. & S.I.C. (17-1127 - Unpublished)
Termination of parental rights; dependency; neglect; failure to make reasonable progress; lack of clear, cogent, & convincing evidence to support neglect | |
| In re: I.J.A. & I.R.A. (17-845 - Unpublished)
Motion to terminate parental rights; grounds for termination; employment status | |
| In re: J.N.S. & A.J.S. (17-807 - Unpublished)
Terminate Parental Rights; Medical Diagnosis Hearsay Exception. | |
| In re: J.T.S. (17-1283 - Unpublished)
TPR, neglect, probability of repetition of neglect | |
| In re: N.D. (17-799 - Unpublished)
Findings of fact in disposition order | |
| In re: A.S. & R.S. (17-1129 - Unpublished)
Termination of parental rights, Best interest of the child | |
| In re: A.V.C. & A.D.C. (17-1210 - Unpublished)
Private TPR; incarcerated parent; ineffective assistance of counsel; convenient forum; adequate notice. | |
| In re: C.L., J.L., M.L., Jr., & H.L. (17-1010 - Unpublished)
Termination of Parental Rights | |
| In re: H.R.M. (17-815 - Unpublished)
Involuntary commitment order; danger to himself; whether findings of fact demonstrated reasonable probability of future dangerous conduct | |
| Saunders v. Hull Prop. Grp., LLC (17-1115 - Unpublished)
Motion to compel discovery; Interlocutory order; Attorney-client privilege; Work-product doctrine | |
| State v. Dent (17-857 - Unpublished)
Rule 404(b); possession of drug buy money; prior record level; change in classification of offense. | |
| State v. Foster (17-64 - Unpublished)
jury instructions, failure to preserve arguments, maintaining vehicle for keeping or selling marijuana, flight instruction, clerical error, | |
| State v. Hammonds (17-931 - Unpublished)
satellite-based monitoring | |
| State v. Hayes (17-679 - Unpublished)
Prejudicial error; Expert Testimony | |
| State v. Holloman (15-1042-2 - Unpublished)
Sentencing considerations; Presumptive range | |
| State v. Knight (17-848 - Unpublished)
Probation revocation | |
| State v. Kohler (17-660 - Unpublished)
Resist, delay, or obstruction of an officer; Plain error | |
| State v. Norman (16-1005-2 - Unpublished)
prior conviction; State v. Brice; special indictment or separate count, NCGS 15A-828; failure to object waives review. | |
| State v. Robinson (17-971 - Unpublished)
Anders brief | |
| State v. Ross (17-930 - Unpublished)
Anders Brief | |
| State v. Royster (17-823 - Unpublished)
Appeal from guilty plea | |
| State v. Shepherd (17-541 - Unpublished)
Plain error; Unrequested jury instruction; Felonious child abuse inflicting serious physical injury; Parent's fundamental right to discipline his child | |
| State v. Terry (17-998 - Unpublished)
Alford plea; Probation Violation | |
| State v. Wilds (17-1048 - Unpublished)
Anders v. California | |
|
Filed: 6 March 2018 Mandate: 26 March 2018 Zip File of Published Opinions Case Title / Description | |
| Briggs v. Debbie's Staffing, Inc. (17-778 - Published)
Workers' compensation benefits; failure to establish plaintiff suffered an occupational disease; lack of expert medical evidence that plaintiff was at increased risk of contracting asthma than general public | |
| Davis v. New Zion Baptist Church (17-523 - Published)
First Amendment, Standing, Contract claims by church members, Review based on neutral principles of law | |
| Fleischhauer v. Town of Topsail Beach (17-915 - Published)
ripeness; subject matter jurisdiction; land use | |
| Goins v. Time Warner Cable Se., LLC (17-531 - Published)
Personal Injury, Obstacle in Roadway, Contributory Negligence, JNOV, Last Clear Chance, Jury Instructions | |
| In re: D.A. (17-819 - Published)
Conduct inconsistent with constitutionally protected status as parent; clear, cogent and convincing evidence standard; ceasing reunification efforts, NCGS 7B-906.2; permanent custody; foster parents. | |
| In re: Hoffman (17-972 - Published)
attorney's fees; NCGS §§ 36C-10-1004, 6-21(2) | |
| In re: J.A.K. (17-574 - Published)
Termination of parental rights, appeal from permanency planning order | |
| In re: K.C. (17-1079 - Published)
termination, law of the case | |
| In re: S.J.T.H. (17-1009 - Published)
ajudication order, parental rights | |
| In re: C.P. (17-639-2 - Published)
Neglected and dependent juvenile; Permanent plan of guardianship with relative; Ceasing reunification efforts; Reunification as concurrent permanent plan | |
| Mahaffey v. Boyd (17-812 - Published)
Rule 59 motion for new trial following summary judgment order resolving the case | |
| State v. Allen (17-661 - Published)
Business Records; Authentication; Felony Breaking and Entering | |
| State v. Campola (17-354 - Published)
Reasonable Suspicion; Fourth Amendment; Traffic Stops; Motion to Suppress | |
| State v. Harding (17-448 - Published)
Jury instructions on unindicted first-degree kidnapping elements; sentences for two assaults allegedly based on the same conduct; motion to dismiss first-degree offense for insufficient evidence of serious personal injury; lifetime registration and SBM; Grady issue | |
| State v. Miller (17-405 - Published)
Necessity, Duress, Defense, Instruction | |
| State v. Watson (17-253 - Published)
Motion for Appropriate Relief; Commitment Orders; Judgments and Sentencing; Judicial Notice; Service of Sentence | |
| State v. Webb (17-612 - Published)
Felonious larceny; jury instructions; breaking or entering; sufficient evidence to support jury finding that defendant personally committed the crime | |
| Unpublished Opinions 6 March 2018 - Rule 30e - Zip File of Unpublished Opinions Mandate: 26 March 2018 | |
| Amir v. Amir (17-431 - Unpublished)
Family law; subject matter jurisdiction over claim for equitable distribution; cash distributive award. | |
| Barnhill v. Farrell (17-402 - Unpublished)
Arbitration dispute; dispute within scope of arbitration agreement; appealing trial court's confirmation of arbitration award | |
| Capps v. McSwain (16-1264 - Unpublished)
fraud, Rule 12(b)(6), unfair and deceptive trade practices | |
| Caudill v. Huitt Mills, Inc. (16-1281 - Unpublished)
Industrial Commission; Section 97-25; Changing treating physician and treatment plan; Compensable injury | |
| In re: B.L.A. (17-978 - Unpublished)
termination, best interests | |
| In re: D.A.C., O.I.C., S.T.A. (17-889 - Unpublished)
Abuse; Neglect; Dependency; Cessation of reunification | |
| In re: F.S. (17-959 - Unpublished)
Adjudication order; neglect; dependency; failure to make findings that juvenile was at substantial risk of harm; lack of evidence that child suffered harm or was at substantial risk of harm. | |
| In re: J.R.G. (17-1106 - Unpublished)
Termination of Parental Rights; Subject Matter Jurisdiction; Adoptive Parents; N.C. Gen. Stat. 7B-1103 | |
| In re: A.G.D. & L.K.D. (17-719 - Unpublished)
Jurisdiction; UCCJEA; Residence; Home state | |
| In re: J.D. (17-954 - Unpublished)
Juvenile, Motion to Dismiss, Timely Appeal, Collateral Attack | |
| In re: J.L.S., J.N.S., A.S. (17-994 - Unpublished)
Termination of parental rights; neglect; compliance with case plan; incarcerated father; best interests determination. | |
| In re: J.W.M., Jr. (17-777 - Unpublished)
Termination of parental rights; best interests of the child | |
| Johnson v. Haynes (17-890 - Unpublished)
Interlocutory appeal of partial summary judgment; right to avoid inconsistent verdicts | |
| Malone v. Hutchison-Malone (17-241 - Unpublished)
Termination of child support prior to high school graduation; Section 50-13.4(c)(2) | |
| McCall v. Million (17-403 - Unpublished)
Grandparent visitation - constitutional rights of parents and statutory best interest test | |
| McGuire v. McGuire (17-432 - Unpublished)
Modification of Child Support; Unequal Distribution; Statutory Factors; Alimony | |
| Nunn v. Baro (17-798 - Unpublished)
Exclusion of evidence; Prejudicial error; Motion for new trial; Remittitur | |
| O'Neal v. Fox (17-754 - Unpublished)
Motor vehicle , Intersection, Contributory Negligence, JNOV, Last Clear Chance, Pleading Affirmative Defenses, Jury Instructions | |
| Oxendine v. Locklear (17-259 - Unpublished)
Workers' compensation; ongoing disability; calculation of average weekly wage | |
| Perez v. Perez (17-512 - Unpublished)
Motion to dismiss; Rule 12(b)(6); format and sufficiency of pleading; adequate notice; postseparation support; alimony | |
| State v. Adams (17-601 - Unpublished)
Issue preservation; failure to object; no request for plain error; sufficiency of factual basis for acceptance of plea | |
| State v. Cloer (17-23 - Unpublished)
sufficiency of indictment, motion to dismiss | |
| State v. Crooms (17-317 - Unpublished)
Accessory before the fact to murder; Indictment. | |
| State v. Davis (17-615 - Unpublished)
Jury instruction error; failure to instruct on all essential elements; failure to specifically and distinctly assert plain error | |
| State v. Davis (17-385 - Unpublished)
Admissibility of Evidence; Rule 404(b) | |
| State v. Evans (17-840 - Unpublished)
relevant evidence; impeachment | |
| State v. Fox (17-711 - Unpublished)
Order for Arrest; Motion to Set Aside; Probation; Absconding | |
| State v. Freeman (17-751 - Unpublished)
Prior conviction; Substantial similarity; Sexually violent offense; Recidivist; Satellite-based monitoring; Reasonable search | |
| State v. Harrison (17-805 - Unpublished)
motion to suppress; checkpoint stop | |
| State v. Hill (17-758 - Unpublished)
Alleged Prosecutorial Vindictiveness. | |
| State v. Jefferies (17-775 - Unpublished)
Lay witness identification, Relevant evidence, Waiver of Confrontation Clause rights by stipulation | |
| State v. McMannus (17-900 - Unpublished)
Sixth Amendment; Self Representation; Statutory Requirements; Limiting Instruction; Plain Error; Restitution | |
| State v. Russell (17-427 - Unpublished)
Second-degree murder; police reports inadmissible under Rule 803(6)'s business-records hearsay exception; Rule 404(b) evidence; motion to dismiss for insufficient evidence of malice; Rule 401 relevancy. | |
| State v. Solomon (17-651 - Unpublished)
N.C. Gen. Stat. 14-190.9(a2); indecent exposure on private premises; jury instructions; basis for restitution | |
| Tibbs v. Ford (17-936 - Unpublished)
Interim distribution of assets; Interlocutory appeal; Substantial right test | |
|
Filed: 20 February 2018 Mandate: 12 March 2018 Zip File of Published Opinions Case Title / Description | |
| Bickley v. Fordin (17-185 - Published)
Shareholder sale of interest in LLC; unfair and deceptive trade practices act, fraud, constructive fraud, breach of fiduciary duty; compromise verdict. | |
| In re: S.G.V.S. & D.D.R.S. (17-903 - Published)
Termination of parental rights; scheduling return date of hearing; previously scheduled criminal trial; Rule 59 motion; abuse of discretion. | |
| Lester v. Galambos (17-83 - Published)
Easements; easements by implication; easement implied by prior use; easement by grant | |
| Neckles v. Harris Teeter (16-569-2 - Published)
N.C. Workers' Compensation Act; Disability; N.C. Gen. Stat. Section 97-2(9) | |
| Rivas v. Fred Smith Constr., Inc. (16-1187 - Published)
Summary judgment; Alter ego; Discovery; Motion to amend complaint; Substitution of party | |
| Shearin v. Reid (17-514 - Published)
Rule 59 motion; motion to recuse; N.C.G.S. § 31A-2; requested jury instructions | |
| State v Triplett (13-1289-2 - Published)
(View Supreme Court Opinion) Privilege Against Self-incrimination; Right to Remain Silent; Miranda Warnings | |
| State v. Brown (17-209 - Published)
First-degree murder; hearsay; N.C.R. Evid. 803(5); recorded recollection; insufficient recollection; illustrative evidence; limiting instruction | |
| State v. Bullock (15-731-2 - Published)
(View Supreme Court Opinion) Voluntariness of consent to search; calculation error before guilty plea | |
| State v. Dixon (17-962 - Published)
Felony child abuse; serious physical injury; serious bodily injury; motion to dismiss; sufficiency of the evidence; scars; re-sentencing | |
| State v. Green (17-39 - Published)
DWLR; jury instructions; presumption of notice and knowledge | |
| State v. Hillard (17-437 - Published)
Amount of restitution; ability to pay restitution; competent evidence to support restitution award | |
| State v. Jackson (16-1141 - Published)
First-degree murder; alleged discovery violations under N.C. Gen. Stat. 15A-903; late disclosure of expert witness | |
| State v. Krider (17-272 - Published)
(View Supreme Court Opinion) Probation; Probation revocation; Absconding; N.C. Gen. Stat. Section 15A-1343(b)(3a); N.C. Gen. Stat. Section 15A-1344(f); Jurisdiction | |
| State v. Lee (17-513 - Published)
Self-Defense; Aggressor Doctrine | |
| State v. Leonard (17-266 - Published)
Sentencing guidelines; extraordinary mitigation; abuse of discretion. | |
| State v. Melton (17-921 - Published)
probation revocation; absconding | |
| State v. Simmons (16-1065-2 - Published)
On remand from Supreme Court for reconsideration in light of its decision in State v. Brice; alleged indictment-related deficiency under N.C. Gen. Stat. 15A-928 dismissed as unpreserved for appellate review under Brice; remanded for correction of clerical error | |
| State v. Weldon (17-748 - Published)
Identification Testimony, Abuse of Discretion, Character Evidence, Relevance, Plain Error, Prior Record Level, Out-of-State Offense, Substantial Similarity, Harmless Error | |
| Stokes v. Stokes (17-440 - Published)
Motion to Change Venue; Responsive Pleadings; Interlocutory Appeal | |
| Taylor v. Wake Cty. (17-99 - Published)
Adequate state remedy; Direct constitutional claims pursuant to Corum v. University of North Carolina; Tort Claims Act | |
| USA Trouser, S.A. de C.V. v. Williams (17-918 - Published)
Direct action against insurer; creditor as third-party beneficiary; Rule 12(b)(6) motion to dismiss; unfair or deceptive trade practices; bad faith claims settlement; plead fraud with particularity, NC Rule of Civil Proc. 9(b); civil conspiracy. | |
| Unpublished Opinions 20 February 2018 - Rule 30e - Zip File of Unpublished Opinions Mandate: 12 March 2018 | |
| Adame v. Aerotek (16-1118 - Unpublished)
disability, futility | |
| Brown v. Cox (17-436 - Unpublished)
Sudden emergency doctrine; Jury instructions; Motion for a new trial | |
| Byrd v. Lowe's Home Ctrs., Inc. (17-841 - Unpublished)
Worker's Compensation - specific traumatic incident and causation | |
| Cmty. Mgmt. Corp. v. Sarver (17-870 - Unpublished)
summary ejectment; motion to recuse; summary judgment; motion to dismiss Rule 12(b)(6) | |
| Dass v. Dass (17-702 - Unpublished)
Plaintiff's testimony sufficient to support finding of domestic violence | |
| In re: A.G. (17-827 - Unpublished)
Neglect adjudication; best interests determination; 3.1 | |
| In re: H.W. (17-785 - Unpublished)
Neglected juvenile; Consent disposition; Visitation; Insufficient findings | |
| In re: I.V.F. & J.L.F-S. (17-739 - Unpublished)
No merit brief; termination of parental rights; best interests of the child | |
| In re: J.B. (17-781 - Unpublished)
Termination of parental rights; no merit brief; no response | |
| In re: J.D. (17-709 - Unpublished)
Neglected juvenile; Insufficient evidence | |
| In re: K.M. (17-578 - Unpublished)
Reunification; best interests determination; 3.1 | |
| In re: R.Z. (17-543 - Unpublished)
No application for voluntary admission into Copestone in record. | |
| In re: T.X.W., L.D.W., M.T.W. (17-855 - Unpublished)
Adjudication of neglect and dependency; failure to make findings that children were at substantial risk of impairment | |
| In re: L.F. (17-875 - Unpublished)
Informed Plea. | |
| Smith v. Smith (17-753 - Unpublished)
Interlocutory Order; Bankruptcy Proceeding; Nondischargeable Domestic Support Obligation | |
| State v. Adkins (17-715 - Unpublished)
Plea Acceptance; Clerical Errors. | |
| State v. Barbour (17-537 - Unpublished)
Indecent liberties, Sexual offenses, Rape of a child | |
| State v. Battle (17-673 - Unpublished)
Rule 21 petition for writ of certiorari granted; failure to show exceptional circumstances warrant invocation of Rule 2; prosecutor's closing argument remarks were not grossly improper | |
| State v. Branning (17-771 - Unpublished)
Probation Revocation; Anders Brief. | |
| State v. Brown (17-568 - Unpublished)
Ineffective Assistance of Counsel, Probation Revocation, Absconding, Abuse of Discretion | |
| State v. Harris (17-644 - Unpublished)
Defendant Commits Identity Theft. | |
| State v. Hunt (17-722 - Unpublished)
Sufficiency of Evidence; Kidnapping. | |
| State v. Jones (17-217 - Unpublished)
Fatal variance; Jury instructions; habitual Misdemeanor Assault | |
| State v. Kornegay (17-632 - Unpublished)
Trial Court did not give coersive instruction. | |
| State v. Littlejohn (17-551 - Unpublished)
Jury Instruction on Lesser-Included Offense. | |
| State v. Moore (17-766 - Unpublished)
Satellite Based Monitoring. | |
| State v. Nichols (17-826 - Unpublished)
| |
| State v. Smith (17-687 - Unpublished)
Trial Court Revokes Defendant's Probation. | |
| State v. Thorpe (17-307 - Unpublished)
Conspiracy; agreement; substantial evidence | |
| State v. Wilson (16-1215 - Unpublished)
petition for cert., probation revocation hearing, attorney fees | |
|
Filed: 6 February 2018 Mandate: 26 February 2018 Zip File of Published Opinions Case Title / Description | |
| Badin Shores Resort Owners Ass'n, Inc. v. Handy Sanitary Dist. (17-718 - Published)
Contracts, Civil Procedure, Summary Judgment | |
| Ballard v. Shelley (17-61 - Published)
Interlocutory appeal; substantial right; no waiver of governmental immunity by purchase of excess liability insurance; Rule 12(b)(6) standard; procedural due process claim | |
| Butler v. Scotland Cty. Bd. of Educ. (17-501 - Published)
Failure to state exceptions in petition for judicial review of local school board decision; failure to personally serve the Board with petition for judicial review; applicability of N.C. Gen. Stat. § 150B-46 to appeal of local school board decisions | |
| Ford Motor Credit Co. LLC v. McBride (17-720 - Published)
12(b)(6) and (7); summary judgment; consumer credit sale; breach of contact; NCGS § 25A-25 | |
| Honeycutt v. Weaver (17-410 - Published)
Rule 12(b)(6); motion to dismiss; statute of limitations; standing; breach of fiduciary duty; constructive fraud | |
| In re: D.E.M., Jr. (17-755 - Published)
Parental Rights, Termination of Parental Rights, Wilful Abandonment, Findings of Fact in Terminating Parental Rights | |
| In re: Lowe's Home Ctrs., LLC (17-220 - Published)
Ad valorem tax assessment; Rebuttable presumption of correctness; Valuation | |
| In re: M.J.S.M. (17-688 - Published)
Repetition of Neglect; Anders Brief. | |
| In re: Ivey (17-264 - Published)
N.C. Gen. Stat. 48-3-605; Revocation of consent | |
| Martin v. Pope (17-389 - Published)
Obligation to renew motion for directed verdict at close of all evidence; Rule 59 new trial standard of review; Motion to disqualify counsel; Obligation to file appellant's brief in cross-appeal | |
| Norman v. NC Dep't of Admin. (17-328 - Published)
Summary judgment; Title VII; employment discrimination and retaliation; sexual harassment | |
| Plasman v. Decca Furniture (USA), Inc. (17-151 - Published)
Rule 8(a)(1); Pleading; Dismissal; Rule 12(b)(6); Sanction; Rule 41(b) | |
| Raymond v. Raymond (16-1179 - Published)
summary judgment | |
| Smith Jamison Constr. v. APAC-Atl., Inc. (17-761 - Published)
Nonsignatory's motion to compel arbitration, equitable estoppel, subcontractor agreement, common law and statutory claims. | |
| Spoor v. Barth (17-308 - Published)
Rule 12(b)(6) dismissal based on statutes-of-limitation grounds; Rule 15(a) denial of a motion to amend on futility grounds; Rule 41(a) voluntary dismissal; Rule 10(c) incorporation by reference of individual claims to derivative claim; Rule 15(c) relation back; law-of-the-case doctrine | |
| State v Campbell (13-1404-3 - Published)
(View Supreme Court Opinion) Rule 2, fatal variance & indictment, motion to dismiss | |
| State v. Bridges (17-579 - Published)
Possession of Controlled Substances, Evidence of Nature of Controlled Substance, Chemical Analysis, Defendant Admission of the Nature of a Controlled Substance, State's Burden of Proof | |
| State v. Coley (17-470 - Published)
PWISD marijuana; motion to dismiss; sufficiency of evidence; 11.5 grams marijuana, digital scale, and sandwich bags; defective notice of appeal; North Carolina Rules of Appellate Procedure 4(a) and 21(a) | |
| State v. Cromartie (17-350 - Published)
Resisting Public Officer; Sufficiency of Evidence; Double Jeopardy | |
| State v. Golder (16-987 - Published)
Indictment; Sufficient Evidence; Aiding and Abetting; Obtaining Property by False Pretenses; Unlicensed Bail Bonding | |
| State v. Gomola (17-438 - Published)
Involuntary manslaughter conviction based on commission of the ?unlawful act? of affray; jury instructions; defense of others as a defense to an unlawful act; self-defense. | |
| State v. McCaster (17-816 - Published)
Probation; consent of defendant; failure to process; notice of revocation hearing; subject matter jurisdiction. | |
| State v. Mumma (17-481 - Published)
Second-Degree Murder; Aggressor Doctrine; Closing Argument | |
| State v. Peed (17-743 - Published)
Probation, Revocation, Voluntary Extensions, Mootness, Adverse Consequences, Medical, Psychological, and/or substance Abuse Treatment | |
| State v. Phachoumphone (17-247 - Published)
Authorization of remote testimony of child victim under N.C.G.S. 15A-1225.1; first-degree sexual offense with a child; indecent liberties with a child; motion to dismiss for insufficient evidence; improper closing argument | |
| State v. Schumann (17-707 - Published)
Pro Se Defendant; Waiver of Counsel. | |
| State v. Singletary (17-668 - Published)
Mandate from Court of Appeals issues upon transmittal to the lower court, not on receipt by lower court | |
| State v. Terrell (17-268 - Published)
Motion to suppress; Fourth Amendment; applying the private-search exception to the warrant requirement to an electronic storage device; whether a follow-up police search for potential contraband data on a privately searched thumb drive was lawful under the private-search doctrine; whether excising tainted allegations from an application still supplied probable cause to issue the search warrant. | |
| State v. Vetter (17-524 - Published)
Domestic criminal trespass; misdemeanor breaking or entering; motion to dismiss; remand for correction of a clerical error | |
| State v. Wilkerson (17-800 - Published)
Right to a speedy trial, evidentiary hearing, Barker v. Wingo factors, prosecutorial negligence, pretrial incarceration, prejudice. | |
| The Cherry Cmty. Org. v. The City of Charlotte (16-1292 - Published)
Standing; zoning | |
| The NC State Bar v. Ely (17-546 - Published)
Attorney discipline; violation of Rules of Professional conduct; unauthorized practice of law; whether findings of fact in DHC order support conclusions of law; excessive punishment; five-year suspension | |
| Whitehurst v. East Carolina Univ. (17-629 - Published)
Administrative Law, Just Cause, State Employee | |
| Unpublished Opinions 6 February 2018 - Rule 30e - Zip File of Unpublished Opinions Mandate: 26 February 2018 | |
| Branch Banking & Tr. Co. v. Surane (17-842 - Unpublished)
Appeal from denial of Rule 60(b)(4), Rule 60(b)(6) motion; settlement; confession of judgment | |
| Cook v. Cooks (17-359 - Unpublished)
Attorneys' fees; child custody and support order; criminal contempt; whether defendant acted in good faith in defending motions | |
| Faircloth v. Faircloth (17-332 - Unpublished)
Child Custody; Substantial Change of Circumstances | |
| Henderson v. Henderson (16-72-2 - Unpublished)
Divorce; Classification of assets; Marital debt; Post-separation payments; Divisible property | |
| Hopkins v. Thomas (17-474 - Unpublished)
Reasonable grounds to ask defendant to submit to blood alcohol test | |
| In re: B.M. (17-663 - Unpublished)
Neglected juvenile, Finding of neglect, visitation rights, Permanency planning, Reunification | |
| In re: C.C. (17-654 - Unpublished)
Involuntary commitment; danger to self; sufficiency of fact findings | |
| In re: G.D.O., T.L.A.G., A.R.O. (17-902 - Unpublished)
| |
| In re: K.W. (17-735 - Unpublished)
Abuse, Neglect, Dependency; Insufficient findings of fact; Resolution of conflicting evidence | |
| In re: Smith (17-483 - Unpublished)
Foreclosure, Default, Pre-foreclosure Notice | |
| In re: S.K.D.M. (17-573 - Unpublished)
Terminate Mother's Custody of Child. | |
| Jacobson v. Padgett (17-192 - Unpublished)
| |
| Jenkins v. E.er Seals UCP of N. Carolina & Va., Inc. (17-540 - Unpublished)
Workers' Compensation; Findings of Fact; Competent Evidence | |
| Keena v. Cedar St. Invs., LLC (17-852 - Unpublished)
N.C.R. Civ. Procedure 15; Motion to Amend; N.C.R. Civ. Procedure 50; Motion for Directed Verdict; Agency | |
| Kelly v. Polk Cty. N. Carolina (17-832 - Unpublished)
Civil Procedure, Motion to Dismiss, Immunity, Negligence, Wrongful Death, Public Duty Doctrine, Public Official Immunity, Pleadings | |
| Lee v. Cty. of Cumberland (17-446 - Unpublished)
Plaintiff sues County for IIED. | |
| Linker v. Linker (17-894 - Unpublished)
Child custody; permanent custody order; modification; no motion filed; Woodring factors. | |
| Messer v. Pollack (17-582 - Unpublished)
Findings of Fact, N.C. Gen. Stat. § 1D-45, Punitive Damages, Frivolous and Malicious | |
| Parsons v. Parsons (17-278 - Unpublished)
Oral contract; N.C. Gen. Stat. 52-10; N.C. Gen. Stat. 22-2; Unjust enrichment | |
| SMS Constr., Inc. v. Wittels (16-1081 - Unpublished)
| |
| State v. Andrews (16-925 - Unpublished)
404(b) | |
| State v. Artis (17-478 - Unpublished)
Motion to Dismiss; Sufficiency of Evidence | |
| State v. Brown (17-818 - Unpublished)
Batson violation; Peremptory strike; Authentication of evidence; Inadmissible testimony; Curative instruction. | |
| State v. Davis (17-721 - Unpublished)
Investigative Stop, Reasonable Suspicion, Contradictory Evidence, Findings of Fact, Reasonable Belief | |
| State v. Dorsey (17-684 - Unpublished)
Missing portions of trial transcript; prejudice standard; motion to dismiss; assault with a deadly weapon inflicting serious injury | |
| State v. Ferrell (17-300 - Unpublished)
Trafficking cocaine; plain error; harmless error; overwhelming evidence of guilt; evidence obtained as a result of warrantless searches | |
| State v. Forney (17-631 - Unpublished)
Miranda, Custodial Interrogation, Criminal Conspiracy, Trafficking Heroin | |
| State v. Gates (17-772 - Unpublished)
motion to dismiss; kidnapping; jury instructions; post arrest silence | |
| State v. Goins (17-458 - Unpublished)
Ineffective Assistance of Counsel | |
| State v. Herrera (17-695 - Unpublished)
| |
| State v. Jacobs (17-539 - Unpublished)
Satellite-Based Monitoring; Aggravated Offense; Second-Degree Sex Offense; Clerical Error | |
| State v. Johnson (17-412 - Unpublished)
Motion to suppress; reasonable suspicion; consensual encounter | |
| State v. Lilly (17-835 - Unpublished)
Frivolous Appeal | |
| State v. Lloyd (17-838 - Unpublished)
Frivolous Appeal; Habitual Felon | |
| State v. Martinez (17-505 - Unpublished)
First degree murder; hearsay testimony; flight as evidence of guilt; testimony of detective regarding consistency of other witness testimony | |
| State v. Mazariegos (17-685 - Unpublished)
DWI; Motion to Suppress; Appreciable Impairment | |
| State v. McAllister (17-614 - Unpublished)
Violation of domestic violence protective order; denial of motion to dismiss; variance between indictment and evidence; jury instructions | |
| State v. Mitchell (17-706 - Unpublished)
no contest plea; 404(b) evidence; jury instructions | |
| State v. Riggins (17-571 - Unpublished)
Anders Appeal | |
| State v. Upright (17-678 - Unpublished)
Harbison Violation; Ineffective Assistance of Counsel; Embezzlement | |
| State v. White (17-214 - Unpublished)
Motion to suppress; reasonable suspicion; reasonable mistake of fact; traffic stop; vehicle search incident to arrest | |
| State v. White (17-142 - Unpublished)
Motion to suppress; N.C. Gen. Stat. § 15A-211 Electronic Recording of Interrogations; custodial interrogation; Miranda rights waiver; unpreserved error and failure to allege plain error; plain error review | |
| State v. Whitehead (16-294-2 - Unpublished)
On remand from Supreme Court for reconsideration in light of State v. Brice; habitual impaired driving indictment; no error under Brice | |
| State v. Wilson (17-750 - Unpublished)
Request for special jury instruction; felony hit and run; failure to remain at scene; excuse of leaving scene to avoid significant risk of injury; N.C. Gen. Stat. 20-166(a) | |
| State v. Womack (17-635 - Unpublished)
Frivolous Appeal; Felony Larceny | |
| Thomson v. Holling (17-734 - Unpublished)
Finding of fact; Unsupported; Child support. | |
| Vines v. McKoy (17-555 - Unpublished)
Motion to Dismiss Appeal; Appellate Rules Violations | |
|
Filed: 16 January 2018 Mandate: 5 February 2018 Zip File of Published Opinions Case Title / Description | |
| Adams Creek Assocs. v. Davis (16-1080 - Published)
(View Supreme Court Opinion) Civil contempt; appeal from order denying motion for custodial release; alleged inability to comply | |
| Berry v. Berry (17-700 - Published)
custody order; abuse of discretion; substantial evidence; allegations of sexual abuse; uncontested findings of fact; weight of expert testimony. | |
| Brown v. Swarn (17-683 - Published)
Service of Judgment, Time to Appeal, Actual Notice of Judgment, Burden of Proof, Modification of Custody Orders, Temporary, Permanent | |
| In re: B.P. (17-658 - Published)
Adjudication of Neglect; Adjudication of Dependency. | |
| Kabasan v. Kabasan (17-254 - Published)
Equitable distribution: Expert witness?s valuation of deferred compensation | |
| Lesh v. Lesh (17-399 - Published)
Rule 60(b)(6) motion to set aside irregular judgment; Rule 60(b)(4); equitable distribution order; consideration of military disability benefits as income for distributive award; Civil contempt order; present ability to pay; willful violation of order | |
| Powell v. Kent (17-708 - Published)
uninsured motorist; summary judgment; statute of limitations; service | |
| Rodriguez v. Lemus (16-1285 - Published)
Criminal conversation; Alienation of Affection; Post-separation conduct; Pre-separation conduct | |
| State v. Briggs (17-583 - Published)
Appeal and Error, Post-Conviction DNA Testing, Subject Matter Jurisdiction | |
| State v. Forte (16-513 - Published)
constitutional argument not preserved for appeal, motion to suppress | |
| State v. Friend (17-309 - Published)
Criminal Defendant's Right to be Heard Before Entry of Civil Judgment for Court-Appointed Counsel's Fees; Plain Error; Ineffective Assistance of Counsel | |
| State v. Reed (16-33-2 - Published)
(View Supreme Court Opinion) Reconvening Order; Traffic Stop; Reasonable Suspicion. | |
| State v. Wyrick (16-1244 - Published)
Cross-examination; Post-arrest silence; Impeachment | |
| Unpublished Opinions 16 January 2018 - Rule 30e - Zip File of Unpublished Opinions Mandate: 5 February 2018 | |
| Cecchettini v. Cecchettini (17-556 - Unpublished)
Interlocutory Order; Partial Summary Judgment; Rule 28(b)(4) | |
| Crazie Overstock Promotions, LLC v. McVicker (16-932-2 - Unpublished)
Motion to Dismiss, Gambling, Governmental Immunity, Interlocutory | |
| Dalton v. Dalton (17-622 - Unpublished)
Equitable Distribution. | |
| In re: A.B.K. & H.S.K. (17-792 - Unpublished)
Termination of parental rights. | |
| In re: Z.E., J.J., K.T. (17-776 - Unpublished)
Termination of Parental Rights. | |
| IN RE: THE ADOPTION OF S.K.G. (17-638 - Unpublished)
consent; NCGS § 48-3-601 Due Process | |
| NC Farm Bureau Mut. Ins. Co. v. Lilley (16-998 - Unpublished)
Summary judgment venue | |
| Picotte v. Hull (17-786 - Unpublished)
| |
| Russell v. Bldg. Materials Mfg. Corp. (16-1273 - Unpublished)
Tolling provision of Rule 3 and Rule 59(a) following an order granting summary judgment; Double recovery, damages, and unfair and deceptive trade practices | |
| Sappington v. Sappington (17-127 - Unpublished)
Child Support and Child Custody - Attorney's Fees and Best Interests | |
| Sargent v. Edwards (17-623 - Unpublished)
Assault; Battery; Negligence; I.I.E.D. | |
| State v. Battle (16-355-2 - Unpublished)
affirmed pursuant to a remand from the Supreme Court | |
| State v. Devega (16-1302 - Unpublished)
First Degree Murder; Armed Robberies; Sufficiency of Evidence; Victim Impact Evidence. | |
| State v. Johnson (17-244 - Unpublished)
Conspiracy; Robbery with a Dangerous Weapon; Special Jury Instruction | |
| State v. Space (17-774 - Unpublished)
motion to suppress; vehicle checkpoint | |
|
Filed: 2 January 2018 Mandate: 22 January 2018 Zip File of Published Opinions Case Title / Description | |
| Crowell v. Crowell (17-164 - Published)
Equitable Distribution; Distributive Award; Uniform Fraudulent Transfer Act | |
| Cty. of Durham v. Hodges (17-71 - Published)
ability to comply, noncompliance not wilful | |
| In re: J.B. (17-400 - Published)
Juvenile delinquency; Entity capable of owning property; Motion to dismiss; Sentencing; Dispositional alternatives | |
| iPayment, Inc. v. Grainger (16-908 - Published)
Waiver of the right to compel arbitration; Standard of review the denial of a motion to compel arbitration | |
| Parker v. Desherbinin (17-377-2 - Published)
Adverse possession under color of title, NCGS 1-38(a); adverse possession under 20 years continuous use, NCGS 1-40; findings of fact not supported by competent evidence; lappage; conclusions of law de novo review. | |
| Ragsdale v. Whitley (17-860 - Published)
summary judgment; statute of limitations; competency | |
| State v. Hendricksen (16-1019 - Published)
robbery with a dangerous weapon, multiple punishments, different offenses, legislative intent | |
| State v. Rankin (17-396 - Published)
Facial validity of indictment; essential elements of crime of littering; N.C. Gen. Stat. § 14-399 (a) | |
| State v. Thompson (17-477 - Published)
Suppression motion | |
| Unpublished Opinions 2 January 2018 - Rule 30e - Zip File of Unpublished Opinions Mandate: 22 January 2018 | |
| Bost v. Heller (16-1176 - Unpublished)
N.C. Gen. Stat. 31-5.5; afterborn child's interest in real property | |
| Hankins v. Hankins (17-186 - Unpublished)
Pre-nuptial Agreement - Equitable Distribution | |
| In re: A.A.L.D. (17-575 - Unpublished)
TPR | |
| In re: C.P. (17-639 - Unpublished)
Neglected and dependent juvenile; Permanent plan of guardianship with relative; Reunification | |
| In re: I.D.B. (17-780 - Unpublished)
TPR; no merit brief | |
| In re: A.L.M. & A.L.M. (17-547 - Unpublished)
Dependency; lack of appropriate alternative childcare arrangement; best interest; likelihood of adoption. | |
| In re: J.H.S. & G.A.B. (17-628 - Unpublished)
termination of parental rights; neglect; Indian Child Welfare Act (ICWA) | |
| In Re: L.C.J. & L.N.J. (17-552 - Unpublished)
Termination of parental rights; Willful abandonment | |
| Keels v. Frazier (16-978 - Unpublished)
Motion to Dismiss; Rules of Appellate Procedure; Insufficiency of Process; Insufficiency of Service of Process | |
| State v. Baker (17-563 - Unpublished)
Constructive possession; sufficiency of evidence to support habitual felon charge. | |
| State v. Boyles (17-348 - Unpublished)
| |
| State v. Friday (17-343 - Unpublished)
Motion to suppress; Search following drug investigation; Incorrect address in search warrant; Other designations sufficient to identify premises to be searched | |
| State v. Hill (17-529 - Unpublished)
Operating a vehicle to elude arrest; driving with license revoked; resisting public officer; arrest of judgment. | |
| State v. Horton (17-460 - Unpublished)
Jury instruction; Impermissible opinion | |
| State v. Liverman (17-394 - Unpublished)
Rule of Evidence 401; Rule of Evidence 403; Statutory rape; incriminating letters written by defendant from jail | |
| State v. Moore (17-183 - Unpublished)
Fourth Amendment; search and seizure; traffic stop; mistaken identity; reasonable suspicion | |
| State v. Norwood (17-301 - Unpublished)
Exploitation of an elder adult, Sufficiency of indictment | |
| State v. Potter (17-677 - Unpublished)
Guilty Plea; Writ of Certiorari; Sentencing and Judgment | |
| State v. Smith (17-153 - Unpublished)
Attempted first-degree rape; Lesser-included offense instruction; Rule 404(b) evidence; extrinsic evidence of prior bad acts | |
| State v. Smith (17-172 - Unpublished)
Reasonable Suspicion; Search Warrant; Mail Stream; Motion to Suppress | |
| State v. Smith (17-496 - Unpublished)
Preservation and Error, Sufficient Evidence, Controlled Substances, Search and Seizure, Jury Instructions | |
| State v. Stacks (17-770 - Unpublished)
Misdemeanor assault with a deadly weapon; self-defense; jury instruction; de novo review. | |
| State v. Stephens-Maddox (17-542 - Unpublished)
Testimony Regarding Witness's Statement to Officer; Fifth Amendment. | |
| State v. Thomas (17-313 - Unpublished)
N.C. Gen. Stat. Section 90-95(a)(1); Acting in concert; Sufficiency of the evidence; Multiple convictions and punishments based on same transaction | |
| State v. Waddell (17-681 - Unpublished)
Plain error review; possession of methamphetamine; constructive possession; non-exclusive possession - other incriminating circumstances. | |
| State v. Young (17-712 - Unpublished)
Admission of evidence; Prior bad acts; Right to remain silent | |
| Terry v. Harris Teeter Supermarkets, Inc. (17-491 - Unpublished)
Workers' compensation; Occupational disease; Pre-existing personal susceptibility | |
| Turnage v. Cunningham (17-222 - Unpublished)
Implied Easement; Summary Judgment; Res Judicata; Collateral Estoppel; Judicial Estoppel | |