Court of Appeals Opinions

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Filed: 15 June 2021
Mandate: 6 July 2021
Zip File of Published Opinions

Case Title / Description
Benigno v. Sumner Constr., Inc.  (20-321 - Published)   Author: Judge Hunter Murphy
Judgment on the pleadings; statute of limitations; latent defect.
Cline v. James Bane Home Bldg., LLC  (20-422 - Published)   Author: Judge Hunter Murphy
Summary judgment; governmental immunity; public official?s immunity.
In re: K.N.H.  (20-299 - Published)   Author: Judge Jeff Carpenter
Juvenile proceeding; disposition and commitment order; oral condition of probation; N.C. Gen. Stat. ? 7B-2512(a); oral order of disposition; duration of commitment; N.C. Gen. Stat. ? 7B-2513(a4); mootness; prejudicial error
In re: K.P.  (20-797 - Published)   Author: Judge John Arrowood
issues are whether district court erred by eliminating reunification, verifying that custodians understood legal significance of the juvenile's placement, and ceasing further reviews
Kincheloe v. Kincheloe  (20-34 - Published)   Author: Judge Donna Stroud
Deviation from Guidelines; Arrears determination; Insufficient Findings of Fact
Meabon v. Elliott  (20-559 - Published)   Author: Judge John Tyson
Alias and pluries summons; delayed service for years; Rule 41(b) dismissal; Wilder v. Wilder factors; prejudice to defendants.
State v. Atwell  (20-496 - Published)   Author: Judge John Arrowood
domestic violence protective order, indictment validity, forfeiture of right to counsel, N.C.G.S. 15A-1242
State v. Crawford  (20-180 - Published)   Author: Judge Hunter Murphy
Motion to withdraw guilty plea; factual basis; appellate jurisdiction.
State v. Ward  (20-552 - Published)   Author: Judge Tobias Hampson
Probation revocation; Subject-matter jurisdiction; NCGS 15A-1344
State v. Gordon  (20-461 - Published)   Author: Judge Fred Gore
Allen charge; N.C. Gen. Stat. § 15A-1235; jury instructions on further deliberations; statutory right to effective counsel in SBM proceedings
Warren Cty. DSS v. Garrelts  (20-868 - Published)   Author: Judge Darren Jackson
parentage; paternity; assisted reproduction; child support obligation of sperm donor; choice of law; full faith and credit clause; trial court erred in concluding that full faith and credit dictated that North Carolina law applied to claim for child support; North Carolina choice of law rules require that North Carolina court apply Virginia's law of parentage to determine whether sperm donor owes child support to the donee where the insemination and conception occurred in Virginia
Unpublished Opinions
15 June 2021  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 6 July 2021 

Belcher v. NC Dep't of Pub. Safety (20-562 - Unpublished)   Author: Judge Jeff Carpenter
Reverse and remand ALJ decision Respondent North Carolina Highway Patrol had just cause to terminate Petitioner Trooper for alleged violations of Respondent's policy; analysis of Wetherington factors under Warren framework.
Branch Banking & Tr. Co. v. GPAR, FF, LLC et. al (20-707 - Unpublished)   Author: Judge John Arrowood
deed of trust reformation, motion for summary judgment, motion to intervene, Statute of Frauds
In re A.C. (20-508 - Unpublished)   Author: Judge Hunter Murphy
Waiver of constitutionally protected parental status issue on appeal.
In re L.M., T.M. (20-516 - Unpublished)   Author: Judge Fred Gore
Adjudication order; neglect; findings of fact domestic violence; substantial risk of harm
In re. J.F., J.F. (20-231 - Unpublished)   Author: Judge Fred Gore
Juvenile; permanency planning order; statutory findings; grant of guardianship
Joseph Hewett vs Carolina Tractor/Liftone (20-659 - Unpublished)   Author: Judge John Arrowood
Industrial Commission, motion for summary judgment, interlocutory appeal.
Michael Azevedo v. Onslow Cnty. DSS (20-526 - Unpublished)   Author: Judge Valerie Zachary
responsible individuals list; child abuse; sufficient findings of fact
Schaeffer v. Singlecare Holdings, LLC (20-427 - Unpublished)   Author: Judge Jefferson Griffin
Choice of law, contract, nonresident defendant, personal jurisdiction, remote work, specific jurisdiction, telework
State of N. Carolina v. Tameika Rose Douglas (20-214 - Unpublished)   Author: Judge John Arrowood
issue is whether the trial court erred in sentencing juvenile defendant to LWOP and whether the sentence was constitutional
State of N. Carolina v. Terry Louis Little (20-690 - Unpublished)   Author: Judge Fred Gore
Motion to suppress; order entered out of term
State v. David Carl S.ern (20-433 - Unpublished)   Author: Judge John Arrowood
issues include whether trial court committed plain error by failing to strike inadmissible polygraph testimony or give a curative instruction directing jury to disregard the same, or both; and whether defendant was denied effective assistance of counsel
State v. DeMorris Van Cathcart II (20-872 - Unpublished)   Author: Judge Valerie Zachary
sufficiency of indictment to confer subject-matter jurisdiction on trial court; using initials to name victim in indictment charging sex offense; motion for appropriate relief
State v. Kenneth Earl Byrd (20-361 - Unpublished)   Author: Judge Fred Gore
post-conviction DNA testing; N.C. Gen. Stat. § 15A-269(c)
State v. Lonnell Williams (20-432 - Unpublished)   Author: Judge Fred Gore
Plea colloquy; probationary status; and N.C. Gen. Stat. § 15A-1022.1(e).
State v. Tillman (20-734 - Unpublished)   Author: Judge John Tyson
Modification of probation; special conditions of probation; Anders brief; dismiss.
State v. Tirado (20-213 - Unpublished)   Author: Judge John Arrowood
issues include whether trial court's findings of fact are supported by competent evidence; whether the court properly weighed mitigating evidence; whether the court applied the correct legal standard in imposing two consecutive LWOP sentences; and whether said sentences are constitutional
Stephen Lawing v. Chadwick Miller (20-492 - Unpublished)   Author: Judge Fred Gore
attorney?s fees; N.C. Gen. Stat. § 75-16.1
Wilson v. Sweely (20-682 - Unpublished)   Author: Judge Darren Jackson
standing of relative to seek child custody; trial court erred in granting motion to dismiss for lack of standing under Rule 12(b)(6) where allegations in complaint and evidence submitted in support thereof showed that parents were unfit and had acted inconsistently with their constitutionally protected status as parents

Filed: 1 June 2021
Mandate: 21 June 2021
Zip File of Published Opinions

Case Title / Description
Craven Cty. v. Hageb  (20-442 - Published)   Author: Judge Valerie Zachary
child support; insufficient findings of fact; computation of gross income; credit for biological child
In re: K.M.  (20-879 - Published)   Author: Judge Valerie Zachary
temporary suspension of supervised visitation; COVID-19; costs of visitation
NC Farm Bureau Mut. Ins. Co., Inc. v. Lanier L. Grp., P.A.  (19-926 - Published)   Author: Judge John Tyson
Declaratory judgment by insurer; personal injury lawsuits; duty to defend; US Driver's Privacy Projection Act; construing insurance policies; defined terms; plain meaning.
Richardson v. The Goodyear Tire & Rubber Co.  (20-745 - Published)   Author: Judge John Tyson
Worker's Compensation; NCGS 97-25(f); NCGS 97-2(19); NCGS 97-88.1; frivolous appeal; medical compensation; attorney's fees; abuse of discretion; cross appeal.
State v. Lance  (20-273 - Published)   Author: Judge Richard Dietz
Arson; motion to dismiss; application of requirement that defendant burned the dwelling house of another where other inhabitant was co-conspirator in arson plan; admission of expert testimony on fire investigation and cause of fire; Rule 702 reliability determination; jury instructions on insurance fraud; plain error; sufficiency of evidence to support restitution
State v. Gibson  (20-575 - Published)   Author: Judge Allegra Collins
insufficient evidence of every essential element for the offense of breaking or entering a motor vehicle
State v. McKoy  (20-452 - Published)   Author: Judge Allegra Collins
Admissibility of lay witness identifications, Rule of Evidence 701; sufficient evidence of felony larceny; restitution, N.C. Gen. Stat. ? 15A-1340.34, N.C. Gen. Stat. ? 1340.36, review of ability to pay prior to ordering restitution.
Unpublished Opinions
1 June 2021  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 21 June 2021 

Ascendum Mach., Inc. v. Kalebich (20-579 - Unpublished)   Author: Judge Darren Jackson
grant of motion to dismiss was not error where defendant did not sign contract in an individual capacity; trial court's failure to rule on motion to amend or alter judgment was not preserved for appellate review
Cheek-Tarouilly v. Stanhiser (20-150 - Unpublished)   Author: Judge Hunter Murphy
Domestic violence protective order, personal relationship, judicial admission, illustrative evidence, prejudice.
Deborah Lee French-Davis v. The Shops At Cameron Place, LLC (20-664 - Unpublished)   Author: Judge John Arrowood
motion for summary judgment, premises liability
Fam. Innovations, LLC v. Cardinal Innovations Healthcare Solutions (20-681 - Unpublished)   Author: Judge Chris Dillon
healthcare, managed care organization, local management entity, Medicaid, health care provider, contract, administrative law, summary judgment, services, utilization review
Fazzari v. New Hanover Reg'l Med. Ctr. (20-473 - Unpublished)   Author: Judge John Arrowood
trial court properly granted all defendants? motions to exclude plaintiffs? sole standard-of-care expert witness and motions to dismiss pursuant to Rule 9(j) and for summary judgment
In Re A.L.P. (20-629 - Unpublished)   Author: Judge John Tyson
Juvenile delinquency; adjudication and disposition; NCGS 2405(4) privilege against self-incrimination; required findings of fact.
In re N.B., H.B., & L.B. (21-38 - Unpublished)   Author: Judge April Wood
Disposition order; guardianship; abuse of discretion; nonrelative placement; kinship placement; nonsecure custody
In re N.C. (21-54 - Unpublished)   Author: Judge Valerie Zachary
neglect adjudication of newborn; sufficiency of the evidence to support findings of fact; sufficiency of findings to support conclusions of law
In Re N.L.G. (21-56 - Unpublished)   Author: Judge Lucy Inman
? juvenile adjudicated delinquent ? trial court failed to address mandated inquiries before accepting juvenile's admission pursuant to N.C. Gen. Stat. § 7B-2407(a) (2019) ? reversed and remanded
In re W.A. (20-808 - Unpublished)   Author: Judge Allegra Collins
unchallenged findings of fact supported conclusions of law; no abuse of discretion when ceasing reunification efforts with Respondent-Father
Pistone v. Helberg (20-484 - Unpublished)   Author: Judge Richard Dietz
Child support; interlocutory appeal from discovery sanctions; lack of appellate jurisdiction
Postal v. Kayser (20-623 - Unpublished)   Author: Judge Richard Dietz
Challenge to decades-old covenants in residential subdivision; Real Property Marketable Title Act; exception for covenants that are part of a scheme of development and that restrict the property to residential use only, or more narrowly to multi-family or single-family residential use only; statutory construction
Radcliffe v. Avenel Homeowners Ass'n, Inc. (20-123 - Unpublished)   Author: Judge John Tyson
Tortious interference with prospective economic advantage; summary judgment; Rules of Appellate Procedure; substantial and gross violations.
Richard Bradley v. City of Fayetteville (20-525 - Unpublished)   Author: Judge Jefferson Griffin
Governmental immunity, process, service of process, discontinuance, unnamed parties, motion to dismiss
Solomon v. Cundiff (20-489 - Unpublished)   Author: Judge Jeff Carpenter
right to elective share determination proper by clerk of superior court
State of N. Carolina v. Joshua Blake Taylor (20-509 - Unpublished)   Author: Judge John Tyson
Sexual exploitation of a minor; statutory sex offense; lifetime SBM; writ of certiorari; Rule 2; NCGS 7A-451(a)(18); ineffective assistance of counsel.
State of N. Carolina v. Marica Finney (20-354 - Unpublished)   Author: Judge Lucy Inman
DWI, Motion to Suppress; Probable Cause
State v. Antenio Williams (20-424 - Unpublished)   Author: Judge Tobias Hampson
Rule 702 of evidence; Review for plain error; Abuse of discretion; Petition for Writ of Certiorari
State v. Dillard (20-631 - Unpublished)   Author: Judge Valerie Zachary
motion to suppress; probable cause; staleness of information in affidavit; trafficking
State v. Floyd (20-454 - Unpublished)   Author: Judge Valerie Zachary
jury instructions; lesser-included offense; involuntary manslaughter
State v. Jose Milton (20-414 - Unpublished)   Author: Judge Richard Dietz
Cyberstalking; plain error; challenge to admission of evidence excluded by prior ruling on motion in limine; unpreserved challenge to prosecutor's statements during jury selection
State v. Keon LaShawn Phifer (20-630 - Unpublished)   Author: Judge John Arrowood
motion to suppress, petition for writ of certiorari, Fourth Amendment search
State v. McKoy (20-582 - Unpublished)   Author: Judge Lucy Inman
? Motions to dismiss ? First-degree murder; robbery with a dangerous weapon; discharging a firearm within city limits in violation of local ordinance ? Conflicting evidence of self-defense ? Substantial evidence of premeditation and deliberation ? Taking of weapon and murder were so linked in time to constitute a continuous transaction ? Failure to introduce city ordinance in evidence
State v. O'Neal (20-375 - Unpublished)   Author: Judge Darren Jackson
no abuse of discretion where trial court refused to admit evidence of the victim's mental illness because prosecution witness's testimony about victim's mental health was summary and did not open the door to an entirely new line of inquiry on the subject
State v. Preston Spencer Alexander (20-315 - Unpublished)   Author: Judge Richard Dietz
Kidnapping; sufficient evidence of separate confinement or restraint apart from that inherent in underlying assaults; sufficient evidence of each alternative theory of purpose for kidnapping; challenge to instruction that knife was deadly weapon as matter of law; requirement that evidentiary challenges show prejudice
State v. Ramirez (20-504 - Unpublished)   Author: Judge Lucy Inman
Bail forfeiture; voluntary dismissal; sanctions; Rule 41
Williams. v. Reardon. (20-450 - Unpublished)   Author: Judge Richard Dietz
Challenge to decades-old covenants in residential subdivision; Real Property Marketable Title Act; exception for covenants that are part of a scheme of development and that restrict the property to residential use only, or more narrowly to multi-family or single-family residential use only; statutory construction

Filed: 18 May 2021
Mandate: 7 June 2021
Zip File of Published Opinions

Case Title / Description
Belmont Ass'n, Inc. v. Farwig  (20-350 - Published)   Author: Judge Fred Gore
N.C. Gen. Stat. § 22B-20; restrictive covenant; summary judgment; statutory interpretation.
Benson v. Prevost  (19-962-2 - Published)   Author: Judge Chris Dillon
easement, map, driveway, boat, deed, parking, conveying, conveyance, depicted, recorded, slips, ingress, parties, egress, attorney's fees, easement rights, reasonable use, trial court, interfere, rights, gate, summary judgment, right to use, purchaser, adjacent, appears, feet
C Invs. 2, LLC v. Auger  (19-976 - Published)   Author: Judge Richard Dietz
Challenge to decades-old covenants in residential subdivision; Real Property Marketable Title Act; exception for covenants that are part of a scheme of development and that restrict the property to residential use only, or more narrowly to multi-family or single-family residential use only; statutory construction
DiPrima v. Vann  (20-545 - Published)   Author: Judge John Arrowood
trial court erred by (1) failing to make findings of defendant's intent before entering no-contact order; (2) considering conduct that did not occur in NC; and (3) basing its order on incidents when defendant was not sixteen years of age
Exec. Off. Park of Durham Ass'n, Inc. v. Rock  (20-405 - Published)   Author: Judge John Tyson
Non-judicial power of sale foreclosure; order of sale; redemption payment; fees, fines and interest; NC Unit Ownership Act NCGS sec. 47A; NC Condominium Act NCGS sec. 47C.
Miller v. Carolina Coast Emer. Physicians, LLC  (20-399 - Published)   Author: Judge Tobias Hampson
Time for filing cross-appeals under Rule of Appellate Procedure 3(c)(3); Motions to Tax Costs and General Appearances; Relation back of defenses; Rule 9(j) Motions to Dismiss; Exclusion of Medical Malpractice Experts under Rule of Evidence 702 and N.C. Gen. Stat. 90-21.12; Summary Judgment
Murray v. Deerfield Mobile Home Park  (20-382 - Published)   Author: Judge John Tyson
Summary judgment; motion to amend counterclaims; severability of land sales contract; option contract; consideration; specified date; statute of frauds; marital interest.
State v. Spinks  (20-541 - Published)   Author: Judge Valerie Zachary
constitutional right to a speedy trial; mistrial based on juror misconduct; statutory right to effective counsel in SBM proceedings
State v. McSwain  (20-343 - Published)   Author: Judge Jeff Carpenter
Motion to dismiss; sufficiency of the evidence; forgery of a check; uttering a false check; falsity element; authority to sign; illustrative evidence
State v. Parker  (20-291 - Published)   Author: Judge Darren Jackson
probable cause supported officer's search of vehicle where officer smelled what he believed was marijuana and passenger admitted smoking marijuana recently and produced marijuana from his person; there was no error in jury instructions stating that Cyclopropylfentanyl and N-ethylpentylone were controlled substances where evidence was contradicted that substances were chemical analogues or derivatives of listed controlled substances
State v. Garrett  (20-326 - Published)   Author: Judge Darren Jackson
indictment alleging possession and transportation of Fentanyl alleged possession and transportation of opiate qualifying as a schedule II controlled substance; no plain error existed where trial court communicated the essence of the deadlocked jury instructions but did not recite statutory language verbatim
State v. Mack  (20-241 - Published)   Author: Judge Tobias Hampson
Rule 404(b); Plain error; Sexually violent offenses; SBM
State v. Washington  (20-199 - Published)   Author: Judge Allegra Collins
Rules 401, 404(b); trial court did not err
Unpublished Opinions
18 May 2021  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 7 June 2021 

In re J.C. (20-345 - Unpublished)   Author: Judge Hunter Murphy
trial court's inquiry into potentially incompetent parent's need for a guardian ad litem; waiver of constitutionally protected parental status issue on appeal; necessary findings regarding supervised visitation costs.
Roderick Miles v. Nanotex, Inc. and Travelers Prop. Cas. Co. of Am. (20-634 - Unpublished)   Author: Judge John Tyson
Workers compensation; res judicata; occupational disease.
State of N. Carolina v. Willie Brook (20-463 - Unpublished)   Author: Judge Jeff Carpenter
no error in trial court's denial of defendant's post-sentencing motion to withdraw Alford plea; manifest injustice standard
State v. Bell (19-953 - Unpublished)   Author: Judge Donna Stroud
jury instructions
State v. Calloway (20-312 - Unpublished)   Author: Judge Hunter Murphy
Attorney fees, State v. Friend, notice and opportunity to be heard, motion to dismiss, possession of a firearm by a felon, circumstantial evidence.
State v. Jumper (20-400 - Unpublished)   Author: Judge John Tyson
Second degree murder; imperfect self defense; jury instructions; plain error review; aggressor; provocation; withdrawal from a fight.
State v. Kevin Bennet Chaudoin (20-340 - Unpublished)   Author: Judge Valerie Zachary
ineffective assistance of counsel; Harbison; petition for writ of certiorari; Rule 2; satellite-based monitoring; duplicative court costs
State v. Morrow (20-679 - Unpublished)   Author: Judge Chris Dillon
driving while impaired, speeding, resisting public officer, felony eluding arrest, right to counsel, forfeiture, counsel, colloquy
State v. Rivera (20-381 - Unpublished)   Author: Judge Tobias Hampson
Certiorari; Plain error; Motions to Dismiss for Insufficient Evidence
Stephen W. Waugh. v. States Res.s Corp.. (20-372 - Unpublished)   Author: Judge Jefferson Griffin
Interlocutory, res judicata, collateral estoppel, substantive right, foreclosure order, consent order, actually litigated
Zhang v. Pearce (20-770 - Unpublished)   Author: Judge John Tyson
Pro se appeal; Rules of Appellate Procedure; gross and substantial violations.

Filed: 4 May 2021
Mandate: 24 May 2021
Zip File of Published Opinions

Case Title / Description
Culbreth v. Manning  (20-368 - Published)   Author: Judge Tobias Hampson
Rule 53; Referee's report; De novo review
State v. Sechrest  (20-256 - Published)   Author: Judge Hunter Murphy
indecent liberties with a child, facially valid indictment with minor?s initials, vouching.
State v. Crudup  (20-20 - Published)   Author: Judge John Tyson
Felony larceny; felony breaking and entering; habitual felon; waiver of counsel; abuse of discretion; refusal to participate in trial; standby counsel.
State v. Daw  (20-680 - Published)   Author: Judge Darren Jackson
habeas corpus; petitioner failed to make threshold showing that an act, omission, or event had occurred entitling him to be discharged
State v. Doisey  (20-332 - Published)   Author: Judge Jefferson Griffin
Constitutional right to counsel; waiver; resentencing; motion for appropriate relief
State v. Ezzell  (20-50 - Published)   Author: Judge Allegra Collins
N.C. Gen. Stat. ? 8C-1, Rule 104; N.C. Gen. Stat. ? 8C-1, Rule 1101; N.C. Gen. Stat. ? 8C-1, Rule 702; applicability of rules of evidence to suppression hearings; probable cause of driving while impaired
State v. Flow  (20-534 - Published)   Author: Judge John Tyson
First-degree sexual offense; first-degree rape; DVPO with a firearm; voluntary absence from trial; competency; unanimous jury verdict.
State v. Hensley  (20-330 - Published)   Author: Judge Allegra Collins
indecent liberties with a minor; no error when trial court failed to intervene ex mero motu during closing argument; closing argument remarks not grossly improper
State v. Watson  (20-147 - Published)   Author: Judge Valerie Zachary
felony murder; statutory rape; inconsistent verdicts
State v. Hendricks  (20-718 - Published)   Author: Judge Tobias Hampson
Subject-Matter Jurisdiction; Revocation of Special Probation
Town of Apex v. Rubin  (20-304 - Published)   Author: Judge Lucy Inman
Condemnation; injunctive relief; trespass
Town of Apex v. Rubin  (20-305 - Published)   Author: Judge Lucy Inman
Declaratory Action; preliminary injunction; condemnation
Unpublished Opinions
4 May 2021  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 24 May 2021 

Baldwin v. James (20-307 - Unpublished)   Author: Judge Darren Jackson
child custody; trial court did not err in awarding father primary physical and joint legal custody of child
Gray v. Holiday (20-425 - Unpublished)   Author: Judge Lucy Inman
Custody; grandparents; reliance on DVPO; standard of proof
House v. Rice (20-430 - Unpublished)   Author: Judge Fred Gore
operative words of conveyance; deed; intent of the grantor
In re E.Y.B. & G.E.E.B. (20-576 - Unpublished)   Author: Judge Darren Jackson
abuse, neglect, and dependency; trial court did not abuse its discretion denying motion for continuance; order awarding custody of minors to legal father contained necessary findings; waiver of further reviews was not error; and there was no abuse of discretion in refusing biological father visitation
In re J.P., Jr. (20-771 - Unpublished)   Author: Judge Jeff Carpenter
Neglect; findings of fact; constitutionally-protected parental status; adjudication order; dispositional order; custody granted to a non-parent; improper application of best interest analysis
In re M.Y., N.Y., K.E. & A.E. (20-848 - Unpublished)   Author: Judge Valerie Zachary
waiver of right to counsel; supervised visitation; delegation of judicial function; costs of visitation
Maxwell v. Maxwell (20-161 - Unpublished)   Author: Judge Fred Gore
Civil contempt; motion to show cause; issue preclusion
Ronald Bradley v. Lorraine Tapia (20-453 - Unpublished)   Author: Judge Darren Jackson
summary ejectment; trial court did not err by concluding that insufficient evidence supported defendant's claim that she was plaintiff's partner; supported factual findings supported relevant legal conclusions
State of N. Carolina v. Robert Lee Inman, Jr. (20-652 - Unpublished)   Author: Judge Darren Jackson
Anders brief; independent review revealed no error in trial for possession of methamphetamine and drug paraphernalia
State v. Christopher (19-1009 - Unpublished)   Author: Judge Donna Stroud
Conspiracy to commit burglary, at night element, motion to dismiss
State v. Harrison (20-327 - Unpublished)   Author: Judge April Wood
Probable Cause, Motion to Suppress, Search Incident to Arrest, Warrantless Search, Ineffective Assistance of Counsel
State v. Hood (19-1136 - Unpublished)   Author: Judge Donna Stroud
Jury Instruction, Instruction on Flight; Prejudicial Error
State v. James Edward Watkins, Jr. (20-397 - Unpublished)   Author: Judge Valerie Zachary
plain error; assault with a deadly weapon; jury instructions; lesser-included offense
State v. Killian (20-163 - Unpublished)   Author: Judge April Wood
Retention of evidence; Materiality, Due process, Homicide, Attempted first-degree murder.
State v. Lewis (20-641 - Unpublished)   Author: Judge Jeff Carpenter
State presented evidence sufficient for trial court's denial Defendant's motion to dismiss charges of child abuse by inflicting serious bodily injury and serious physical injury under N.C. Gen. Stat. § 14-318.4(a) (2019) and N.C. Gen. Stat. § 14-318.4(a3) (2019).
State v. Mark Thomas Boger (20-393 - Unpublished)   Author: Judge Fred Gore
Criminal contempt, summary proceedings
State v. Pittman (19-781 - Unpublished)   Author: Judge Donna Stroud
Constitutional right to counsel,waiver of assigned counsel
State v. Vincent King (20-554 - Unpublished)   Author: Judge April Wood
Appellate Rules Violations, Rule 4, Rule 9, Rule 21; Jurisdiction; Attorney Fees Civil penalty; Assault Inflicting Serious Bodily Injury; Domestic Violence
White v. AllState Ins. Co. (20-483 - Unpublished)   Author: Judge Darren Jackson
unfair and deceptive practices; admission of untimely affidavit was not abuse of discretion; pre-suit release did not bar claims against non-party; fact issue existed as to when statute of limitations period on unfair and deceptive practices claim began to run; summary judgment was improper where evidence was sufficient to support claim for unfair and deceptive practices

Filed: 20 April 2021
Mandate: 10 May 2021
Zip File of Published Opinions

Case Title / Description
Fecteau v. Spierer  (20-532 - Published)   Author: Judge Jeff Carpenter
Child custody proceeding; consent order; substantial change in circumstances; absence of findings in initial order; findings of fact; conclusions of law; sufficiency of the evidence; N.C. Gen. Stat. § 50-13.7(a)
In re: Unifi Mfg., Inc.  (20-300 - Published)   Author: Judge Fred Gore
N.C. Gen. Stat. 105-283 true value, ad valorem property tax valuation
In re: L.G.A.  (20-148 - Published)   Author: Judge Donna Stroud
motion to continue, custody, cost and ability to pay for professional supervision
In re: D.A.H.  (20-212 - Published)   Author: Judge Darren Jackson
juvenile delinquency; Fifth Amendment protection against self-incrimination at the schoolhouse; Miranda warnings required when juveniles subjected to custodial interrogation at school; trial court erred in denying juvenile's motion to suppress statements made during custodial interrogation at school where no Miranda warnings were given
In re: E.W.P.  (20-181 - Published)   Author: Judge Jeff Carpenter
Trial court?s jurisdiction over NGRI defendant was proper based on the plain language of N.C. Gen. Stat. § 122C-62; physician not entitled to expand parameters of trial court's order
In re: W.M.C.M.  (20-164 - Published)   Author: Judge John Tyson
Juvenile delinquency; escalating conduct; acceptance of plea; abuse of discretion; commitment to YDC; NCGS 7B-2407; NCGS 7B-2411.
Core v. NC Div. of Parks & Recreation  (20-249 - Published)   Author: Judge April Wood
Hidden Danger; Contributory Negligence; Negligence; Competent Evidence
State v. Helms  (20-295 - Published)   Author: Judge Allegra Collins
Defendant's indictment was facially valid.
State v. Womble  (20-364 - Published)   Author: Judge John Tyson
First-degree murder; innocence commission; Law of the Land clause; Due Process; Fourth Amendment; blood draw; DNA sample; ineffective assistance of counsel; inevitable discover; fruit of poisonous tree; coercion.
State v. Carver  (19-1055 - Published)   Author: Judge Richard Dietz
State's appeal from order allowing defendant's motion for appropriate relief; appellate jurisdiction; State's right to appeal grant of new trial based on ineffective assistance of counsel claim
State v. Myrick  (20-689 - Published)   Author: Judge Jefferson Griffin
Capacity, competency, due process, involuntary commitment, not guilty by reason of insanity, plea
State v. Irvins  (20-586 - Published)   Author: Judge Allegra Collins
Attempted larceny conviction not an eligible count of larceny to support an indictment for felony habitual larceny under N.C. Gen. Stat. § 14-72(b)(6)
State v. Jackson  (20-142 - Published)   Author: Judge Richard Dietz
Drug possession; sufficiency of evidence that seized item was controlled substance; authentication of controlled substance; possible contamination of substance; plain error; jury instructions on further deliberations; Allen charge
State v. Posner  (20-462 - Published)   Author: Judge Allegra Collins
Single taking rule; prior record level calculation; prior conviction for possession of marijuana drug paraphernalia; all elements of present offense in prior offense; arrest judgment and new sentencing hearing
State v. Steele  (20-171 - Published)   Author: Judge Darren Jackson
seizure under Fourth Amendment; defendant was seized under Fourth Amendment by officer's display of authority; traffic stop was not a voluntary encounter
State v. Walton  (20-211 - Published)   Author: Judge John Arrowood
motion to suppress, motion to dismiss, reasonable suspicion, offer of proof, police dog reliability
West v. Hoyle's Tire & Axle, LLC  (20-470 - Published)   Author: Judge Jeff Carpenter
decedent-employee's workers' compensation benefits; marital status
Unpublished Opinions
20 April 2021  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 10 May 2021 

Alejandro Asbun v. N. Carolina Dep't of Health and Human Serv.s (20-346 - Unpublished)   Author: Judge John Arrowood
appeal from final agency decision in the OAH dismissing petitioner's Whistleblower claim
Cousin v. Cousin (19-1152 - Unpublished)   Author: Judge John Arrowood
issues include whether court miscalculated defendant's income for computing child support and applied the wrong set of child support guidelines; and whether the court erred by entering an alimony award not based upon the income of the parties as of the date of the entry of the order
In K.R., K.R., K.R. (20-507 - Unpublished)   Author: Judge Jefferson Griffin
Child custody, UCCJEA, jurisdiction to modify foreign custody determination, temporary emergency jurisdiction
In Re S.M. (20-871 - Unpublished)   Author: Judge Jeff Carpenter
Juvenile disposition order; N.C. Gen. Stat. § 7B-2502(c); interdisciplinary evaluation
Isak v. Williams (20-205 - Unpublished)   Author: Judge Fred Gore
Jury instructions; negligence; sudden emergency doctrine
Nichols v. NC Admin. Off. of the Courts (19-430 - Unpublished)   Author: Judge Donna Stroud
Tort Claims Act, Negligence, Judicial Immunity
Robert R. Todd v. Donna Welling Todd (20-481 - Unpublished)   Author: Judge John Arrowood
domestic violence protective order, findings of fact, conclusions of law, G.S. 50B-1(a)
State of N. Carolina v. Kristy Brooks (20-420 - Unpublished)   Author: Judge John Arrowood
felony obstruction of justice, jury instruction, plain error
State of N. Carolina v. Rhasheem McMillian (20-251 - Unpublished)   Author: Judge Fred Gore
Motion for Continuance; Attorney Fee's
State v. Carver (19-555 - Unpublished)   Author: Judge Donna Stroud
Coercing a jury verdict; Plain Error
State v. Christopher Dean Hall (20-331 - Unpublished)   Author: Judge Valerie Zachary
motion to dismiss; plain error review; lay testimony; expert testimony; exhibit not in evidence
State v. Coltrane (20-529 - Unpublished)   Author: Judge Jeff Carpenter
No plain error in trial court's admission of expert witness testimony; no plain error in trial court's allowing reference to drugs, cocaine, etc. based on visual observations of substances.
State v. Elizabeth Ann Hernandez (20-510 - Unpublished)   Author: Judge John Arrowood
motion to dismiss for insufficient evidence, jury instruction, driving while impaired
State v. Garcia (20-380 - Unpublished)   Author: Judge Valerie Zachary
subject-matter jurisdiction; ineffective assistance of counsel; improper opinion; witness vouching
State v. Helton (20-252 - Unpublished)   Author: Judge John Arrowood
issue is whether court erred by denying defendant's motion to dismiss the charge of notarizing a vehicle title without the principal present with the intent to commit fraud in violation of NCGS 10B-60(d); the crux is whether the State presented sufficient evidence to establish that defendant was a notary as plainly required under the aforesaid provision
State v. Hewitt (17-1157-2 - Unpublished)   Author: Judge Tobias Hampson
Batson challenge; Remand to the trial court for further findings in light of State v. Hobbs.
State v. Holland (20-493 - Unpublished)   Author: Judge Jefferson Griffin
Coerced verdict, first-degree murder, N.C. Gen. Stat. § 15A-1235(c), right to unanimous jury verdict, statutory mandate, victim impact evidence
State v. Huneycutt (20-500 - Unpublished)   Author: Judge Jefferson Griffin
Anonymous tip, investigatory stop, Fourth Amendment, hunting, motion to suppress, N.C. Gen. Stat. § 113-136, reasonable suspicion, search, seizure, Wildlife Resources Commission
State v. James (20-73 - Unpublished)   Author: Judge Valerie Zachary
plain error review; irrelevant evidence; failure to demonstrate prejudice
State v. Jeffrey Braxton Broadway (20-318 - Unpublished)   Author: Judge Jeff Carpenter
Hearsay; exceptions; excited utterance; lack of spontaneity; motive to fabricate
State v. Lee J. Burns (20-259 - Unpublished)   Author: Judge Tobias Hampson
Motion to Suppress; Out-of-court identification; No error
State v. McDougal (20-474 - Unpublished)   Author: Judge Jeff Carpenter
Writ of certiorari; notice of appeal; motion to dismiss; uttering a forged instrument; obtaining property by false pretenses; intent element; knowledge element; sufficiency of evidence; preservation of issues
State v. Richmond (20-615 - Unpublished)   Author: Judge Jeff Carpenter
This Court cannot properly assess ineffective assistance of counsel issue on direct appeal.
State v. Tommy Lovett (20-539 - Unpublished)   Author: Judge Lucy Inman
Motion to suppress; trafficking; possession; probable cause; affidavit; sufficient nexus
Vonhall v. Vonhall (20-466 - Unpublished)   Author: Judge Valerie Zachary
divorce; equitable distribution; division of property as marital or separate; Rule 52(b) motion for additional findings
W.land Grp., Inc. v. Ascentium Capital, LLC (20-356 - Unpublished)   Author: Judge Jeff Carpenter
Summary judgment; guaranty contract; mutual mistake; parol evidence

Filed: 6 April 2021
Mandate: 26 April 2021
Zip File of Published Opinions

Case Title / Description
Lunsford v. Teasley  (20-436 - Published)   Author: Judge Hunter Murphy
Statute of limitations for voluntary dismissal, commencement of a civil action, Rule 3 North Carolina Rules of Civil Procedure, and issuance of a summons.
Carolyn Louise Gunn Testamentary Tr. v. Bumgardner  (20-308 - Published)   Author: Judge Richard Dietz
Content of permanent injunction order; Rule 65; interlocutory appeal; injunction pending appeal; Rule 62(c)
Hovey v. Sand Dollar Shores Homeowner's Ass'n, Inc.  (20-423 - Published)   Author: Judge Lucy Inman
Public Dedication; Declaratory Judgment; Summary Judgment
In re: S.R.J.T.  (20-29 - Published)   Author: Judge Donna Stroud
Adjudication, Disposition, Guardianship
In re: J.M. & N.M.  (20-677 - Published)   Author: Judge April Wood
Permanency Planning Hearings; Reunification; Reasonable Efforts; Judicial Notice
In re: S.D.  (20-636 - Published)   Author: Judge April Wood
Reunification; Permanency Planning Review Hearings; Constitutionally Protected Parental Status
Jackson v. Home Depot U.S.A., Inc.  (20-313 - Published)   Author: Judge Valerie Zachary
arbitration; interlocutory appeal; third-party beneficiary of a contract; equitable estoppel; sufficient findings of fact; novation
Woody v. Vickrey  (20-337 - Published)   Author: Judge Jeff Carpenter
Interlocutory appeal; substantial rights; inconsistent verdicts; right to jury trial; N.C. Const., Art. I, § 25; quiet title; conversion; cancellation and rescission; mental incapacity; undue influence; critical preliminary issues; declaratory judgment; permanent injunction; partial summary judgment
State v. Swain  (20-232 - Published)   Author: Judge Donna Stroud
Motion to suppress, entry of a written order
State v. Baldwin  (20-17 - Published)   Author: Judge John Tyson
First-dgree murder, attempted first-degree murder; felony conspiracy to commit first degree murder; firing into an occupied operating vehicle; lying in wait; acting in concert; conspiracy.
State v. Knight  (20-403 - Published)   Author: Judge Darren Jackson
unilateral withdrawal of plea agreement by prosecutor; trial court erred by imposing sentence contrary to plea agreement where defendant performed under agreement; specific performance of plea agreement is appropriate remedy for breach of agreement by the state
State v. Geter  (20-706 - Published)   Author: Judge Jefferson Griffin
Probation revocation, good cause, N.C. Gen. Stat. § 15A-1344(f)
State v. Kennedy  (20-140 - Published)   Author: Judge Fred Gore
Possession of a Firearm by a Felon; Constructive Possession; Motion to dismiss for insufficient evidence.
State v. Waugh  (20-191 - Published)   Author: Judge Allegra Collins
Rape of a child, indecent liberties with a child, and sexual offense with a child; admission of testimony that the minor child?s symptoms were consistent with sexual abuse; no plain error
State v. Wynn  (18-536-2 - Published)   Author: Judge Donna Stroud
possession of a firearm by a felon; constructive possession of a controlled substance
Sullivan v. Pugh  (20-351 - Published)   Author: Judge Allegra Collins
N.C. Gen. Stat. 1A-1, Rule 42(a); consolidation; consolidated for trial; no requirement to serve voluntary dismissal on a nonparty; voluntary dismissal deprived trial court of jurisdiction to enter further orders;
Unpublished Opinions
6 April 2021  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 26 April 2021 

Alba v. Blue Cross & Blue Shield of NC (20-512 - Unpublished)   Author: Judge Valerie Zachary
motion to dismiss; health insurance; wrongful death; negligence; duty of due care
Bost Realty Co., Inc. v. City of Concord (19-309-2 - Unpublished)   Author: Judge Lucy Inman
Czech v. Cole (19-1165 - Unpublished)   Author: Judge Richard Dietz
Summary judgment; sale of real estate; fraud; negligent misrepresentation; negligence; disclosures; As Is clause
In re K.S., K.N.S. (20-31 - Unpublished)   Author: Judge Hunter Murphy
Ceasing reunification efforts, permanency planning, custody of juveniles.
In re: B.M.P. (20-794 - Unpublished)   Author: Judge Darren Jackson
Anders brief in child neglect case; independent review of the record disclosed no prejudicial error
Journey Capital, LLC v. City of Concord (19-310-2 - Unpublished)   Author: Judge Lucy Inman
Lewis v. Lawson (20-329 - Unpublished)   Author: Judge Jefferson Griffin
Interlocutory order, motion to dismiss, substantial right
Metro Dev. Grp., LLC v. City of Concord (19-311-2 - Unpublished)   Author: Judge Lucy Inman
State of N. Carolina v. Reginald Malker (20-449 - Unpublished)   Author: Judge Darren Jackson
sufficiency of evidence of actual or constructive possession of firearm to submit charge of possession of firearm by felon to jury; evidence supported trial court's instructions on flight
State v. Abel (20-174 - Unpublished)   Author: Judge Lucy Inman
Warrants; Probable Cause; Preservation; Confrontation Clause; Prejudicial Error; Jury Instruction; Improper Statements of Counsel
State v. Corey Joseph Greenfield (20-360 - Unpublished)   Author: Judge Tobias Hampson
Statutory Sexual Offense; Indictments; Verdicts
State v. Crandle (20-407 - Unpublished)   Author: Judge Valerie Zachary
appellate jurisdiction; felony sentencing; probation; restitution
State v. Cruz (20-352 - Unpublished)   Author: Judge Richard Dietz
Possession and sale of cocaine; plain error; structural error; jury instructions on reasonable doubt standard and option to return not guilty verdict; incorrect offense dates on judgment forms
State v. Davis (20-144 - Unpublished)   Author: Judge Richard Dietz
Serious injury by vehicle; hit and run with injury; impaired driving; defense of necessity; officer testimony on HGN test; officer testimony on BAC based on HGN test; plain error; sufficiency of evidence of serious injury
State v. Etters (20-208 - Unpublished)   Author: Judge Richard Dietz
Robbery with a dangerous weapon; jury instructions; friend exception to mere presence rule
State v. Jaime Luis Torres (20-477 - Unpublished)   Author: Judge Lucy Inman
first-degree murder, armed robbery, conspiracy challenge to authentication of recorded jail calls admitted under the business record exception no plain error grant petition for writ of certiorari no unreasonable delay in seeking review civil judgment of attorney's fees vacated and remanded
State v. Johnathan Tyler Autry (20-341 - Unpublished)   Author: Judge Tobias Hampson
Oral motion to recuse.
State v. Johnson (20-549 - Unpublished)   Author: Judge Darren Jackson
Anders brief; independent review of the record revealed no prejudicial error
State v. Keith Lavoris Hall (20-349 - Unpublished)   Author: Judge April Wood
1st degree murder conviction; Post-conviction DNA testing
State v. Laquia Black (20-415 - Unpublished)   Author: Judge Tobias Hampson
Probation revocation; Activation of suspended sentence after expiration of a defendant's probationary period.
State v. McCain (19-1069 - Unpublished)   Author: Judge Hunter Murphy
Notice of aggravating factor, Driving while impaired, Ineffective assistance of counsel, Plain error
State v. Nelson (20-370 - Unpublished)   Author: Judge Jefferson Griffin
Prior convictions; prior record level; sentencing error
State v. Patricia Kirley (20-451 - Unpublished)   Author: Judge Jeff Carpenter
Jury instruction; automatism defense; sufficiency of evidence; judgment; sentencing error; clerical error; remand.
State v. Waldrop (19-1146 - Unpublished)   Author: Judge Richard Dietz
Sex offenses; challenges to closing argument
State v. Williams (20-184 - Unpublished)   Author: Judge Valerie Zachary
probation revocation; absconding
Suazo v. Gutierrez-Bojorquez (19-1079 - Unpublished)   Author: Judge Hunter Murphy
Workers? Compensation Act, statutory employer, affirmative defenses.
Thomas and Metcon, Inc. et. al vs. Gerome Chavis (20-258 - Unpublished)   Author: Judge Valerie Zachary
civil procedure; default judgment; motion for relief from judgment
U.S. Bank Tr. v. Rogers (20-506 - Unpublished)   Author: Judge John Tyson
Reformation of description; mutual mistake; deed of trust; third-party complaint; interlocutory appeal; joinder; necessary party/permissive party.

Filed: 16 March 2021
Mandate: 5 April 2021
Zip File of Published Opinions

Case Title / Description
Alexander v. Alexander  (19-391 - Published)   Author: Judge Chris Dillon
custody, consent order, visitation, parent, grandparent, intervene, status quo, attorney?s fees, child, children, unfit, paramount, welfare, custodial
Caroline-A-Contracting, LLC v. J. Scott Campbell Constr. Co., Inc.  (20-60 - Published)   Author: Judge Lucy Inman
negligence counterclaim construction project dispute general contractor and independent subcontractor collateral source rule offset/credit
Erie Ins. Exch. v. Smith  (20-246 - Published)   Author: Judge Tobias Hampson
Conditional delivery of a motor vehicle; Declaratory judgment; Liability insurance coverage.
In re: J.C-B.  (20-458 - Published)   Author: Judge John Tyson
Permanency planning order; disposition; unfitness; conduct inconsistent with parental rights; clear and convincing evidence; cease reunification; adequate resources of legal custodian; GAL duties; terminating jurisdiction.
In re: R.P. & X.P.  (20-311 - Published)   Author: Judge John Tyson
Adjudication and disposition hearing; stipulated facts; resignation of trial judge; N.C.G.S. 1A-1, Rule 63; ministerial act; N.C.G.S. 7B-805.
State v. Macke  (20-293 - Published)   Author: Judge John Tyson
Traffic checkpoint; DWI; programmatic purpose; State's police power; fundamental right to travel; 14th Amendment challenges.
State v. Copley  (18-895-2 - Published)   Author: Judge John Arrowood (View Supreme Court Opinion)
habitation defense; self-defense; laying in wait; first-degree murder
State v. Walters  (20-440 - Published)   Author: Judge John Tyson
Trafficking in heroin by possession and transportation, motion to dismiss, preservation of issue for appeal, constructive possession, sufficiency of the evidence, mere suspicion, other incriminating circumstances.
State v. Gibson  (20-219 - Published)   Author: Judge Allegra Collins
Felony hit and run; sufficient evidence; jury instruction on flight
State v. Stokley  (20-177 - Published)   Author: Judge John Tyson
Second-degree kidnapping; robbery with a dangerous weapon; asportation; motion to dismiss; greater danger; jury instruction; disjunctive elements; restraint or removal; plain error.
State v. Bannerman  (20-495 - Published)   Author: Judge Allegra Collins
Defendant clearly and unequivocally waived his right to counsel, and his waiver was knowing, intelligent, and voluntary.
Unpublished Opinions
16 March 2021  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 5 April 2021 

Crawford v. Summerfield (20-328 - Unpublished)   Author: Judge Jefferson Griffin
Failure to allege standing, motion to amend complaint, Rule 15, Rules 12(b)(1) and 12(b)(6) motions to dismiss, quo warranto action
Crosland v. Patrick (19-713-2 - Unpublished)   Author: Judge Hunter Murphy
Statute of limitations bars claims of fraud, duress, or undue influence after three years. An alleged unilateral revocation of a prenuptial agreement argued in pleadings has no legal significance.
Darrell Nichols v. United Painting Serv.s (20-443 - Unpublished)   Author: Judge John Arrowood
issue is whether the NC Industrial Commission erred by declining to consider two suitable employment opportunities supposedly offered to plaintiff following the hearing before the Deputy Commissioner because they had not been approved by plaintiff's physician as of the date of the initial hearing
In re B.T. (20-366 - Unpublished)   Author: Judge Darren Jackson
abuse and neglect; relative placement priority; necessity of findings to support conclusion that placement of juvenile with non-relatives was in the best interest of juvenile
In re S.O. (20-348 - Unpublished)   Author: Judge John Arrowood
issues include whether the court had jurisdiction to enter permanency order awarding permanent guardianship of juvenile to foster parents; whether findings of fact support court's conclusion that parents are unfit and acted inconsistently with their constitutionally protected status; whether trial court erred by failing to notify appellants-parents of the right to file a motion for review; and whether evidence supported court's reunification findings and conclusions
In the Matter of J.N. & L.N. (20-296 - Unpublished)   Author: Judge Chris Dillon
juvenile, father, permanency planning order, hearing, abuse, neglect, child, custody, DSS, grandparents, guardianship, guardian ad litem, parent
State v. Benner (19-879 - Unpublished)   Author: Judge Allegra Collins
no error in declining to give N.C.P.I Crim. 308.10 instruction; no invited error; no plain error in failing to instruct jury on mistake of fact; failure to comply with N.C. R. App. P. 3 and properly notice appeal
State v. George Green (20-394 - Unpublished)   Author: Judge Lucy Inman
Sexual battery, inadequate record
State v. Harris (19-1124 - Unpublished)   Author: Judge Chris Dillon
incest, statutory rape, indecent liberties with a child, first-degree kidnapping, subject matter jurisdiction, sovereign citizen, standby counsel, victim, child, pregnancy, relinquishment of parental rights, pediatrician, hearsay, confrontation, competency, incompetent
State v. Miller (20-225 - Unpublished)   Author: Judge Valerie Zachary
motion to dismiss; misdemeanor child abuse; substantial risk of physical injury
State v. Nelson Avila (20-297 - Unpublished)   Author: Judge Jefferson Griffin
Fourth Amendment, consent, coercion, motion to suppress, search, seizure
State v. Riley Kennington (20-419 - Unpublished)   Author: Judge John Arrowood
probation condition, N.C. Gen. Stat. § 15A-1343, abuse of discretion
State v. Robinson (20-429 - Unpublished)   Author: Judge Chris Dillon
strangulation, assault on a female, airway, detective, testimony, injury
State v. Shepard (19-1012 - Unpublished)   Author: Judge Tobias Hampson
Evidence in criminal trials; Plain error
State v. Watts (20-158 - Unpublished)   Author: Judge Lucy Inman
Plain Error; Prejudice; Certiorari; Ineffective Assistance of Counsel
Taylor v. Taylor (20-426 - Unpublished)   Author: Judge Valerie Zachary
divorce; alimony; dependent spouse
United Cmty. Bank v. Wakefield Missionary Baptist Church (20-335 - Unpublished)   Author: Judge Lucy Inman
grant of interpleader, church dispute over access to bank accounts, ecclesiastical entanglement, substantial right, subject matter jurisdiction, appeal dismissed as interlocutory

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

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

Counts v. Counts (20-12 - Unpublished)   Author: Judge Chris Dillon
divorce, military pension, pension, debt, marital debt, equitable distribution, life expectancy, spouse, marital estate, student loans
Davis v. Davis (20-303 - Unpublished)   Author: Judge Lucy Inman
Child support modification, sanctions,
Fish v. Fish (20-203 - Unpublished)   Author: Judge Allegra Collins
divorce, date of separation, cohabitation
Gupton v. NC Dep't of Pub. Safety (20-357 - Unpublished)   Author: Judge Jefferson Griffin
N.C. Gen. Stat. ? 150B-51(b), contested case hearing, administrative hearing, constitutional claims, appellate jurisdiction
In re N.T., A.T. (20-247 - Unpublished)   Author: Judge Donna Stroud
Constitutionally protected parental status, relative placement
Inrock Drilling Sys., Inc. v. CMP Techs., Inc. (20-167 - Unpublished)   Author: Judge Jeff Carpenter
Motion to enforce judgment; insufficient service of process
John J. Callahan, Adm'r of Meggan Callahan's Estate v. N. Carolina Dep't of Pub. S (20-269 - Unpublished)   Author: Judge John Arrowood
issues include (1) whether the appeal is interlocutory and thus should be dismissed; (2) if not, whether plaintiff can assert a Corum claim under the NC Constitution when she has other adequate state remedies; and relatedly (3) whether the trial court erred in denying defendant's MTD the Corum claim
Pfouts v. NC Div. of Emp't Sec. (20-75 - Unpublished)   Author: Judge Tobias Hampson
Denial of Unemployment Benefits; Statutory Requirements for Judicial Review
State of N. Carolina v. Jonathan Hayes (20-275 - Unpublished)   Author: Judge John Arrowood
Rule 403, abuse of discretion, autopsy photographs
State v. Henry Frederick Saulpaugh (20-301 - Unpublished)   Author: Judge Jefferson Griffin
Probation, revocation, revoke. cross-examine, adverse witness, confrontation, good cause, abscond
State v. Johnson (20-110 - Unpublished)   Author: Judge Jefferson Griffin
Expert testimony regarding evidence of sexual assault, evidence of prior bad acts, relevance, character evidence, some other proper purpose, statutory sex offenses with a minor
State v. Moore (20-85 - Unpublished)   Author: Judge John Arrowood
appeal of first-degree murder conviction on evidentiary and jury instruction grounds; appeal of denial of motion to dismiss
State v. Owen (20-210 - Unpublished)   Author: Judge Jeff Carpenter
Motion to dismiss; sufficiency of evidence; jury instructions; defense of accident
State v. Rhynes (19-386 - Unpublished)   Author: Judge Donna Stroud
Anders
State v. Rollinson (20-42 - Unpublished)   Author: Judge Jeff Carpenter
Right to waiver of jury trial; sentencing error
State v. W. (20-57 - Unpublished)   Author: Judge Richard Dietz
Motion to suppress; reasonable suspicion for brief safety frisk; reasonable suspicion for full investigatory stop and search of vehicle; argument preservation

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

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

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

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

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

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