Court of Appeals Opinions

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Filed: 3 September 2019
Mandate: 23 September 2019
Zip File of Published Opinions

Case Title / Description
Brawley v. Sherrill  (18-1043 - Published)   Author: Judge Valerie Zachary
will interpretation; per stirpes
Burroughs v. Green Apple, LLC  (18-248 - Published)   Author: Judge Valerie Zachary
unemployment compensation benefits; misconduct connected with the work
Hinson v. Cont'l Tire The Ams.  (18-770 - Published)   Author: Judge Linda McGee
Asbestosis; Workers? Compensation; Causation; Medical Testimony; Consolidated Cases
In re: K.J.  (18-639 - Published)   Author: Judge Hunter Murphy
involuntary commitment; waiver; dismissal
K2HN Constr. NC, LLC v. Five D Contractors, Inc.  (19-104 - Published)   Author: Judge Lucy Inman
Summary Judgment; Motion to Dismiss; Appellate Rules Violations
NC Farm Bureau Mut. Ins. Co., Inc. v. Martin  (18-328 - Published)   Author: Judge Phil Berger Jr.
Insurance Policy Terms interpretation
Newman v. Stepp  (19-112 - Published)   Author: Judge Wanda Bryant
NIED; Judgment on the Pleadings; Foreseeability.
Patton v. Vogel  (19-62 - Published)   Author: Judge John Tyson
Motion to dismiss; lack of personal jurisdiction; services of process, N.C. Gen. State. sec. 1A-1, Rule 4(j); dwelling house or usual place of abode, designated delivery service; 60 days extension; presumption of effective service.
Rotruck v. Guilford Cty. Bd. of Elections  (19-303 - Published)   Author: Judge Allegra Collins
Voter registration challenge; appeal of Superior Court's affirmance of county board of elections decision sustaining challenge; no error
State v. Betts  (18-963 - Published)   Author: Judge Phil Berger Jr.
Indecent liberties; limiting instruction; Profile testimony; vouching; PTSD instruction; prior acts
State v. Canady  (18-985 - Published)   Author: Judge Phil Berger Jr.
First degree murder, AWDWISI, attempted first degree murder, photographic evidence, Rule 403
State v. Glover  (18-538 - Published)   Author: Judge Chris Dillon
Jury instructions, acting in concert, constructive possession, sentencing, prior record level calculations, stipulations to prior conviction classifications, out-of-state convictions, motion for appropriate relief
State v. Holley  (18-1089 - Published)   Author: Judge Hunter Murphy
Resist, Delay, or Obstruct a Public Officer; Probable Cause; Voluntary Abandonment
State v. Holshouser  (18-1138 - Published)   Author: Judge Hunter Murphy
Possession of a Firearm by a Felon; Justification; Ineffective Assistance of Counsel
State v. Mahatha  (18-734 - Published)   Author: Judge Allegra Collins
traffic stop, reasonable suspicion, speeding to elude arrest, habitual felon, waiver of counsel, N.C. Gen. Stat. 15A-1242, new trial
State v. Smith  (19-92 - Published)   Author: Judge Christopher Brook
Fifth Amendment; Double Jeopardy Clause; assault with a deadly weapon inflicting serious injury; assault by a prisoner with a deadly weapon; possess dangerous weapon in prison inflict injury; possession of dangerous weapon in prison
Washington v. Cline  (18-1069 - Published)   Author: Judge Allegra Collins
Violation of right to speedy trial under North Carolina Constitution; no private cause of action for injunctive relief or money damages because of constitutional violation
Unpublished Opinions
3 September 2019  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 23 September 2019 

Dimmette v. Dimmette (19-194 - Unpublished)   Author: Judge Christopher Brook
interlocutory appeal; substantial right; civil contempt; criminal contempt
Epps v. Cont'l Tire The Ams. (18-768 - Unpublished)   Author: Judge Linda McGee
Asbestosis; Workers? Compensation; Causation; Medical Testimony; Consolidated Cases
First Tech. Fed. Credit Union v. Sanders (19-187 - Unpublished)   Author: Judge Valerie Zachary
secured party; notice of liability for a deficiency; canceled security agreement
Gillis v. Gillis (18-430 - Unpublished)   Author: Judge Richard Dietz
Alimony; Adverse Party Called as Expert Witness; Sufficiency of Fact Findings
In re: M.C.M. (18-1197 - Unpublished)   Author: Judge Lucy Inman
J. Freeman Props., LLP v. Cross Dev. CC Charlotte S., LLC (18-1176 - Unpublished)   Author: Judge Phil Berger Jr.
Interlocutory Appeal; Res Judicata; Substantial Right; Second Dismissal Rule
Loyd v. Loyd (18-641 - Unpublished)   Author: Judge Donna Stroud
Child support and custody, Substantial change of circumstances, Attorney's Fees
Newell v. Cont'l Tire The Ams. (18-767 - Unpublished)   Author: Judge Linda McGee
Asbestosis; Workers? Compensation; Causation; Medical Testimony; Consolidated Cases
Shipman v. Murphy Brown, LLC (18-1243 - Unpublished)   Author: Judge Allegra Collins
workers' compensation, findings of fact, suitable employment, proof of ongoing disability, award of disability benefits
Smith v. NC Dept. of Pub. Safety (18-1047 - Unpublished)   Author: Judge Donna Stroud
Tort Claims Act, Negligence, Misplaced Mail
State v. Bobbitt (19-9 - Unpublished)   Author: Judge Phil Berger Jr.
motion to dismiss; kidnapping; jury instruction; lesser-included offense of misdemeanor larceny
State v. Curlee (19-285 - Unpublished)   Author: Judge Tobias Hampson
Larceny from a merchant; Insufficiency of indictment; Failure to allege two elements in indictment.
State v. Johnson (19-109 - Unpublished)   Author: Judge Lucy Inman
Indictment Waiver of Counsel Inquiry
State v. McCann (18-1053 - Unpublished)   Author: Judge Phil Berger Jr.
State v. Orr (18-1050 - Unpublished)   Author: Judge Linda McGee
search and seizure; investigatory stop; reasonable suspicion; driving while impaired
State v. Scott (18-1152 - Unpublished)   Author: Judge Lucy Inman
Rule 611 Rule 106 Insufficient Evidence Speeding to elude arrest
State v. Shamberger (18-1143 - Unpublished)   Author: Judge Phil Berger Jr.
Stewart v. Meshesha (18-1013 - Unpublished)   Author: Judge Allegra Collins
Attack on adequacy of damages awarded by jury; new trial sought; failure to make Rule 59 motion or otherwise preserve issues warrants dismissal of appeal
Tompkins v. Laughlin (18-1191 - Unpublished)   Author: Judge Phil Berger Jr.
Contract; Oral Agreement; Implied in Fact
Welch v. Cont'l Tire The Ams. (18-769 - Unpublished)   Author: Judge Linda McGee
Asbestosis; Workers? Compensation; Causation; Medical Testimony; Consolidated Cases
Wilson v. Cont'l Tire The Ams. (18-766 - Unpublished)   Author: Judge Linda McGee
Asbestosis; Workers? Compensation; Causation; Medical Testimony; Consolidated Cases
Woodard v. NC Dep't of Com. (19-135 - Unpublished)   Author: Judge Christopher Brook
employment law; unemployment benefits
Young v. McClain (18-646 - Unpublished)   Author: Judge Donna Stroud
Child support; Calculating Income

Filed: 20 August 2019
Mandate: 9 September 2019
Zip File of Published Opinions

Case Title / Description
Bethesda Rd. Partners, LLC v. Strachan  (18-1170 - Published)   Author: Judge Reuben Young
Summary Judgment-Liability Discharged, Mere Instrumentality, Breach of Fiduciary Duty, Constructive Fraud; Motion to Join; Damages-Recovery Amount, Equitable Contribution, Waiver Defenses.
In re: J.D.  (18-1036 - Published)   Author: Judge John Arrowood
second-degree sexual exploitation of a minor; first-degree forcible sexual offense; NCGS § 7B-2501(c); NCGS § 7B-2605; right to confrontation; attempted larceny
Manley v. Maple Grove Nursing Home  (19-154 - Published)   Author: Judge Allegra Collins
Deficient notice of appeal; failure to designate appeal from final judgment
NC Farm Bureau Mut. Ins. Co., Inc. v. Dana  (18-1056 - Published)   Author: Judge Hunter Murphy
Car insurance; UIM Coverage; contracts
State v. Anthony  (18-1118 - Published)   Author: Judge Donna Stroud
SBM
State v. Bailey  (18-1187 - Published)   Author: Judge Phil Berger Jr.
Trafficking in Cocaine; Motion to Suppress; Search Warrant-Probable Cause
State v. Ellis  (18-817 - Published)   Author: Judge Chris Dillon
Obscene gestures, disorderly conduct, reasonable suspicion, sentencing, stipulated prior record level
State v. Miles  (18-1274 - Published)   Author: Judge Wanda Bryant
Motion to Dismiss; Issue Preservation; Rule 2; Sufficiency of the Evidence; Opinion Testimony; Plain error; Jury Instruction; Statutory Interpretation; Identity Theft.
State v. Rutledge  (19-32 - Published)   Author: Judge John Tyson
Posession of methamphetamine; Wiaver of right to jury trial, NCGS 1201; formal arraignment; revocation within 10 working days after prior arraignment.
State v. Thompson  (17-477-2 - Published)   Author: Judge Valerie Zachary (View Supreme Court Opinion)
motion to suppress; Summers detention; occupant of premises being searched
Voliva v. Dudley  (19-58 - Published)   Author: Judge Allegra Collins
Competing motions for summary judgment; contradictory affidavits created genuine issue of material fact; summary judgment improper
Watkins v. Benjamin  (18-894 - Published)   Author: Judge Allegra Collins
Modification of child support order; change in custody was substantial change in circumstances; exercise of subject matter jurisdiction proper
Unpublished Opinions
20 August 2019  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 9 September 2019 

Bache v. TIC- Gulf Coast (18-788 - Unpublished)   Author: Judge Donna Stroud
Workers Comp - course and scope of employment
Bender v. Hornback (18-1006 - Unpublished)   Author: Judge Hunter Murphy
Untimely appeal; child custody; consent order
Goss v. Solstice E., LLC (18-1158 - Unpublished)   Author: Judge Christopher Brook
North Carolina Rule of Civil Procedure 9(j); medical malpractice; breach of contract; breach of fiduciary duty
In re: K.W. (19-108 - Unpublished)   Author: Judge Allegra Collins
Juvenile delinquency adjudication; insufficient evidence of second-degree kidnapping
In re: Stephens (18-1058 - Unpublished)   Author: Judge Phil Berger Jr.
Nonjudicial Foreclosure, Deed of Trust; Truth in Lending Act; Motion of Sanctions;
Martin v. Thotakura (18-1247 - Unpublished)   Author: Judge Tobias Hampson
Medical malpractice; wrongful death claim; and survivorship claim
State v. Barnett (18-831 - Unpublished)   Author: Judge Hunter Murphy
DWI; Probable Cause; Plain Error.
State v. Hall (18-1172 - Unpublished)   Author: Judge Donna Stroud
SBM
State v. Hernandez (18-973 - Unpublished)   Author: Judge Allegra Collins
Improper presentment/indictment procedure; no subject matter jurisdiction in superior court; dismissal improper; remand to district court
State v. Mcaninch (18-852 - Unpublished)   Author: Judge Phil Berger Jr.
DWI; Lay Witness Testimony; Jury Deliberations; Opinion of Court
Sysco Charlotte, LLC v. Naik (18-1037 - Unpublished)   Author: Judge Phil Berger Jr.
Summary Judgment; Piercing the Corporate Veil; Entry of Default
Weeks v. Weeks (18-1076 - Unpublished)   Author: Judge Tobias Hampson
Findings of fact required to support alimony award.

Filed: 6 August 2019
Mandate: 26 August 2019
Zip File of Published Opinions

Case Title / Description
Couick v. Jessup  (18-1200 - Published)   Author: Judge Donna Stroud
DMV, authority to act, chemical analysis, affidavit, NC Gen. Stat. section 20-16.2
Crosmun v. Trustees Of Fayetteville Technical Cmty. Coll.  (18-1054 - Published)   Author: Judge Lucy Inman
Electronic Discovery; Motion to Compel; Forensic Examination; Attorney-Client Privilege; Work-Product Immunity
In re: C.M.B.  (18-1002 - Published)   Author: Judge Donna Stroud
juvenile court, Chapter 7B, UCCJEA, transfer of jurisdiction
In re: C.N. & A.N.  (18-1031 - Published)   Author: Judge John Tyson
Termination of parental rights; neglect, NCGS 7B-1111(a)(1); probability of future neglect; reasonable progress, NCGS 7B-1111(a)(2)
In re: Custodial L. Enforcement Recording Sought By City Of Greensboro  (18-992 - Published)   Author: Judge Chris Dillon
Release of police body-camera recordings, abuse of discretion, gag orders, First Amendment
In re: Entzminger  (18-1224 - Published)   Author: Judge John Tyson
Attorney discipline; standard of review; inherent authority of the court, NCGS 5A-15(a); representations to the court; conduct calling the court into disrepute.
In re: Nicor, LLC  (18-1071 - Published)   Author: Judge Valerie Zachary
power of sale foreclosure; anti-deficiency statutes; right to foreclose under the instrument; enjoining mortgage sale on equitable grounds
Raleigh Radiology LLC v. NC Dep't of Health & Hum. Servs.  (18-785-2 - Published)   Author: Judge Chris Dillon
Office of Administrative Hearings; substantial prejudice; certificate of need; department of health and human services; standard of review; comparative analysis; MRI; agency; criteria; conforming; deference; adverse inference; destruction of evidence; cross appeal; statutory compliance
State of NC v. Ortiz  (18-1311 - Published)   Author: Judge Lucy Inman
Bond forfeiture Exclusive relief Criminal process
State v. Edgerton  (18-1091 - Published)   Author: Judge Lucy Inman
Habitual Larceny Essential Elements Arraignment Authority to stipulate
State v. Hollars  (18-932 - Published)   Author: Judge Tobias Hampson
competency hearing; competency to stand trial; due-process violation; bona-fide-doubt inquiry; retrospective competency hearing
State v. Konakh  (18-1249 - Published)   Author: Judge Allegra Collins
motion to withdraw plea; motion for appropriate relief; no manifest injustice;
State v. Matthews  (18-1257 - Published)   Author: Judge Lucy Inman
Probation Revocation; Consent to District Court Jurisdiction; Petition for Writ of Certiorari
State v. Patterson  (18-1052 - Published)   Author: Judge Allegra Collins
Sex offender registration, N.C. Gen. Stat. 14-27.7, N.C. Gen. Stat. 14-208/7, definition of business day, insufficient evidence of willful failure to return an address verification form
State v. Redmond  (18-801 - Published)   Author: Judge Donna Stroud
robbery with a dangerous weapon, lesser included offense, common law robbery
State v. Tucker  (18-1295 - Published)   Author: Judge Richard Dietz
Satellite-based monitoring; Lack of evidence; Court of Appeals panels bound by earlier panel decisions
Sterling Title Co. v. Martin  (18-1189 - Published)   Author: Judge Valerie Zachary
enforceability of non-compete agreement; North Carolina Trade Secrets Protection Act
Suarez v. Am. Ramp Co.  (19-36 - Published)   Author: Judge Tobias Hampson
Negligence; Gross negligence; Interlocutory appeal affecting substantial right due to the possibility of inconsistent verdicts; Motion to dismiss based on N.C.R. Civ. P. 12(b)(6); N.C. Gen. Stat. Section 99E-21 et seq. (Hazardous Recreational Activities Act).
The Bank of Hampton Rds. v. Wilkins  (18-1239 - Published)   Author: Judge Tobias Hampson
N.C.R. Civ. P. 60(a); Correction of misnomer in plaintiff's name; Laches,Judicial estoppel
Unpublished Opinions
6 August 2019  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 26 August 2019 

Anderson v. Tredwell (19-31 - Unpublished)   Author: Judge Lucy Inman
Domestic Violence Protective Order Fear of imminent serious bodily injury Actual fear Subjective
Buttacavoli v. Buttacavoli (18-1033 - Unpublished)   Author: Judge Richard Dietz
Equitable distribution; Award of attorneys' fees; Willful civil contempt; Violations of Rule 11
Carney v. Wake Cty. Sheriff's Off. (18-1299 - Unpublished)   Author: Judge Richard Dietz
Rule 12(b)(6) dismissal for failure to state a claim; Sufficiency of allegations in complaint; Negligent infliction of emotional distress; Intentional infliction of emotional distress
Everbank Com. Fin., Inc. v. The Hunoval L. Firm, PLLC (18-909 - Unpublished)   Author: Judge Hunter Murphy
Motion to disqualify counsel
Foxx v. Foxx (18-728 - Unpublished)   Author: Judge Richard Dietz
Equitable distribution; Classification of property; Sufficiency of findings of fact; Post-separation business distributions; Classification of workers' compensation and personal injury awards; Incorrect legal standard and burden of proof
Garlock v. Roland (18-755 - Unpublished)   Author: Judge Wanda Bryant
Decedent's Estates; Real Property; Quiet Title Action; Standing; Deed; Ambiguity.
Hutton v. The Davey Tree Expert Co. (18-1148 - Unpublished)   Author: Judge Lucy Inman
Rule 59 Motions; Preservation of Error; Worker?s Compensation Lien
Mangum v. Bond (19-19 - Unpublished)   Author: Judge Phil Berger Jr.
Malicious Prosecution; Statute of Limitations
Pachas v. NC Dep't of Health & Hum. Servs. (17-710-2 - Unpublished)   Author: Judge Richard Dietz
Medicaid income limits; CAP/DA eligibility; Waiver of eligibility rules under 42 U.S.C. 1396n(c); Sufficiency of record evidence of waiver
Quality Built Advantage, Inc. v. Graham (18-1230 - Unpublished)   Author: Judge Hunter Murphy
Motion to Dismiss; Failure to State a Claim; Failure to Join a Necessary Party
Reis v. Carswell (18-1039 - Unpublished)   Author: Judge Phil Berger Jr.
Motion to Dismiss; Motion for Sanctions; Intestate Succession; Interlocutory Order; PWC
State v. Alcon (19-22 - Unpublished)   Author: Judge Tobias Hampson
Probation revocation; N.C. Gen. Stat. Section 15A-1344.
State v. Bivens (18-800 - Unpublished)   Author: Judge Lucy Inman
Indigent Defendant Attorney?s Fees; Civil Judgments; Adequate Notice and Hearing; Petition for Writ of Certiorari; Motion to Dismiss
State v. Bradley (18-1297 - Unpublished)   Author: Judge Phil Berger Jr.
State v. Brewer (18-1246 - Unpublished)   Author: Judge Phil Berger Jr.
Possession of Firearm by Felon; Habitual Felon;
State v. Byrd (18-1028 - Unpublished)   Author: Judge Phil Berger Jr.
Ob. Prop. By False Pretense; M Poss. Stolen Prop; Habitual Felon; Actually Deceived; ID of Perpetrator
State v. Cox (19-160 - Unpublished)   Author: Judge Phil Berger Jr.
Guilty Plea; Possession of Meth; Canine Sniff; PWC
State v. Davis (18-559 - Unpublished)   Author: Judge Wanda Bryant
Motion to Suppress; Out of Court Identification; Due Process; Admissibility of Evidence; Examination by the Court; Jury Instructions; Attempted.
State v. Fancher (18-1115 - Unpublished)   Author: Judge Linda McGee
Self-defense jury instruction; Ineffective Assistance of Counsel; Plain error
State v. Felts (18-823 - Unpublished)   Author: Judge Linda McGee
Sufficiency of indictment; subject matter jurisdiction; negligent child abuse; N.C.G.S. Sec. 15A-1340.14(b)(6)
State v. Flowers (18-832 - Unpublished)   Author: Judge Valerie Zachary
possession of a controlled substance; possession of drug paraphernalia; plain error; motion to suppress; reasonable suspicion; motion to dismiss; constructive possession; relevance
State v. Griggs (18-1000 - Unpublished)   Author: Judge Valerie Zachary
imperfect self-defense; cumulative trial errors; plain error; substantial similarity of out-of-state offense
State v. Harrington (18-644 - Unpublished)   Author: Judge Wanda Bryant
Motion to Suppress; Plea Agreement; Restitution.
State v. Holliday (18-1144 - Unpublished)   Author: Judge Chris Dillon
kidnapping; common law robbery; motion to dismiss; indictment variance; fatal variance; confinement; restraint; removal; forcibly moved; N.C. Gen. Stat. § 14-39; insufficiency of the evidence; double jeopardy; asportation; restitution
State v. Ibrahim (18-1081 - Unpublished)   Author: Judge Phil Berger Jr.
DWI; Aggravating/Grossly Aggravating Factors; Sentencing; Trial Court Misapprehension of Law
State v. McBride (18-1282 - Unpublished)   Author: Judge Christopher Brook
State v. McCoy (19-85 - Unpublished)   Author: Judge Phil Berger Jr.
Criminal law; Habitual Larceny; Factual Basis; Right to Appeal
State v. Middleton (18-131 - Unpublished)   Author: Judge Donna Stroud
search warrant, probable cause, affidavit
State v. Newsuan (18-683 - Unpublished)   Author: Judge Hunter Murphy
AWDWIKISI; Premeditation; Deliberation; Attempted Murder
State v. Pope (18-1151 - Unpublished)   Author: Judge Phil Berger Jr.
Possession of Meth; Possession of Drug Paraphernalia; Habitual Felon
State v. Prudente (18-827 - Unpublished)   Author: Judge Phil Berger Jr.
Second Degree Murder; Felony Death by Motor Vehicle; Motion to Dismiss; New Trial; 404(b); Malice; Clerical Error
State v. Raynor (18-942 - Unpublished)   Author: Judge Richard Dietz
Methamphetamine trafficking; Denial of motion to dismiss; Sufficiency of evidence of possession
State v. Roberts (18-1258 - Unpublished)   Author: Judge Phil Berger Jr.
Post-Conviction DNA Testing; PWC
State v. Scruggs (18-1217 - Unpublished)   Author: Judge Richard Dietz
Possession of firearm by felon; Carrying concealed gun without permit; Motion to dismiss; Sufficiency of evidence of possession; Jury instructions; Plain error; Surplusage in indictment
State v. Simmons (18-1106 - Unpublished)   Author: Judge Lucy Inman
Right to jury trial Attorney's fees Opportunity to be heard
State v. Strudwick (18-794 - Unpublished)   Author: Judge Donna Stroud
satellite based monitoring, unreasonable search
State v. Thompson (18-1146 - Unpublished)   Author: Judge Richard Dietz
Denial of motion to suppress; Reasonableness of strip search for controlled substances; Scope of search warrant
State v. Washington (18-984 - Unpublished)   Author: Judge Chris Dillon
possession of a firearm; stolen goods; indictment; fatally defective; possession of stolen goods; personal property; subject matter jurisdiction; fourth amendment; reasonable suspicion; automobile search; totality of the circumstances; duration of stop; fifth amendment; silence; plain error; invited error
State v. Yourse (18-776 - Unpublished)   Author: Judge Phil Berger Jr.
Assault on a Female; Habitual Felon; Subject Matter Jurisdiction; Self-Defense
Younce v. Younce (18-962 - Unpublished)   Author: Judge Richard Dietz
Negligent infliction of emotional distress; Intentional infliction of emotional distress; Discovery sanctions; Summary judgment; Forecast of evidence of emotional distress

Filed: 16 July 2019
Mandate: 5 August 2019
Zip File of Published Opinions

Case Title / Description
Bunting v. Bunting  (18-839 - Published)   Author: Judge Allegra Collins
domestic violence protective order; continuous harassment; legitimate purpose; emotional distress
Cheryl Lloyd Humphrey Land Inv. Co., LLC v. Resco Prods., Inc.  (19-76 - Published)   Author: Judge Christopher Brook
pleading; tortious interference with prospective economic advantage; Rule 12(b)(6); ultrahazardous activity; misrepresentation; Noerr-Pennington immunity; Noerr-Pennington doctrine; First Amendment; petitioning government bodies
Coates v. Durham Cty.  (18-1298 - Published)   Author: Judge Tobias Hampson
Interlocutory appeal; Appeal of superior court's remand to a municipal board for further proceedings is interlocutory and no substantial right affected; Special-use permit.
Dellinger v. Lincoln Cty.  (18-1080 - Published)   Author: Judge John Tyson
solar farms; quasi-judicial proceeding; conditional use permit; commissioner bias- recusal; failure to rebut prima facie case; standing to appeal.
In re: K.P.J. & K.L.J.  (17-1390 - Published)   Author: Judge Hunter Murphy
ICWA, Subject Matter Jurisdiction, Full Faith and Credit, Tribal Courts
Martin v. Martin  (18-465-2 - Published)   Author: Judge Valerie Zachary
domestic violence; admissibility of testimony supporting allegations of domestic violence not pleaded in the complaint; temporary child custody order; mootness
OSI Rest. Partners, LLC v. Oscoda Plastics, Inc.  (18-841 - Published)   Author: Judge Valerie Zachary
discovery sanctions; right to notice
Roybal v. Raulli  (18-1085 - Published)   Author: Judge Donna Stroud
Uniform Deployed Parents Custody and Visitation Act; limited contact; prior judicial orders
State v. Carey  (18-1233 - Published)   Author: Judge John Tyson
Weapons of mass death and destruction, exception to NCGS 14-288.8(c); Ejusdem Generis; Rule of Lenity; motion to dismiss.
State v. Crumitie  (18-781 - Published)   Author: Judge Wanda Bryant
EIRA; Eyewitness Testimony, Unavailable Expert Witness.
State v. Green  (18-1114 - Published)   Author: Judge Tobias Hampson
Prior-record-level calculations;Stipulations to the classification of a defendant's prior conviction; State v. Arrington, 371 N.C. 518, 819 S.E.2d 329 (2018).
State of NC, On Relation of City of Albemarle v. Nance  (18-916 - Published)   Author: Judge John Tyson
Public nuisance, NCGS 19-2.1; NCGS 160A-12; Rule 12(b)(6)motion to dismiss; subject matter jurisdiction; Abandonment of issue on appeal, Appellate Rule 28(a).
State v. Tincher  (18-1174 - Published)   Author: Judge Tobias Hampson
Subject-matter jurisdiction to revoke probation; N.C. Gen. Stat. Section 15A-1346; Procedures for imposing direct criminal contempt.
Unpublished Opinions
16 July 2019  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 5 August 2019 

Deutsche Bank Nat'l Tr. Co. v. Ferguson (18-1278 - Unpublished)   Author: Judge Chris Dillon
summary judgment; deed of trust; satisfaction; conveyance; foreclosure; bonafide purchaser for value; premature summary judgment; relevant evidence; mortgagee; mortgagor
Holland v. Parrish Tire Co. (18-809 - Unpublished)   Author: Judge Wanda Bryant
Worker's Compensation; Compensable Injury; Medical Expert; Findings of Fact.
Hux v. Wilson (18-1188 - Unpublished)   Author: Judge Chris Dillon
standing; grandparents; unfit; ?intact family rule?
In re M.C. (19-3 - Unpublished)   Author: Judge Phil Berger Jr.
Dependency and Neglect; Consent Adjudication Order
In re: D.M.G. (18-944 - Unpublished)   Author: Judge Chris Dillon
parental rights; termination; dependency; incarceration; foreseeability
In re: E.M. (18-1223 - Unpublished)   Author: Judge Chris Dillon
Termination of parental rights, no-merit brief
In re: Z.O.S-W. (18-1270 - Unpublished)   Author: Judge John Tyson
Termination of parental rights; neglect; Lack of reasonable progress; failure to support; petition for writ of certiorari, Appellate Rule 21; No-merit brief, Appellate Rule 3.1(e).
McCanless v. Buchanan (18-1077 - Unpublished)   Author: Judge Phil Berger Jr.
permanency planning; abused and neglected juveniles
Paul v. Fattah (19-47 - Unpublished)   Author: Judge John Tyson
Parental rights; permanent custody; conditional judgment; grandparent visitation; findings of fact.
Rhodes v. Robertson (18-1253 - Unpublished)   Author: Judge Christopher Brook
State v. Akins (18-743 - Unpublished)   Author: Judge Hunter Murphy
Anders Review; MAR
State v. Cathcart (18-1025 - Unpublished)   Author: Judge Hunter Murphy
Sexual offense; Plain Error; corpus delicti; Ineffective Assistance of Counsel
State v. Charles (18-945 - Unpublished)   Author: Judge Hunter Murphy
State v. Gullette (19-43 - Unpublished)   Author: Judge Chris Dillon
Post-conviction DNA testing, appointment of counsel, materiality
State v. Haddock (18-923 - Unpublished)   Author: Judge Tobias Hampson
Improper closing argument; Non-prejudicial error where evidence of guilt is overwhelming and uncontested.
State v. Johnson (18-719 - Unpublished)   Author: Judge Donna Stroud
felony murder, evidence, closing argument
State v. Moody (18-1216 - Unpublished)   Author: Judge Tobias Hampson
Probation revocation; Absconding; Sufficiency of evidence to support a finding of absconding.
State v. Smallwood (18-694 - Unpublished)   Author: Judge Lucy Inman
Hearsay Plain error Prejudice Attorney?s fees
State v. Vines (18-961 - Unpublished)   Author: Judge Lucy Inman
Motion to dismiss Theory of guilt Voluntary Intoxication Instruction
Stella Mare Ristorante & Pizzeria, Inc. v. Wall (18-1042 - Unpublished)   Author: Judge Linda McGee
Rule 41(b); Dismissed with prejudice; Findings of Fact; Lesser Sanctions

Filed: 2 July 2019
Mandate: 22 July 2019
Zip File of Published Opinions

Case Title / Description
Boles v. Town of Oak Island  (18-806 - Published)   Author: Judge Valerie Zachary
statutory authority; municipal sewer service availability fees; undeveloped property
Musselwhite v. Cheshire  (18-1083 - Published)   Author: Judge Allegra Collins
Fraud; mistake; Rule 41(b) dismissal
Parker v. Colson  (18-145 - Published)   Author: Judge Hunter Murphy
Town Ordinance; negligence per se; premises liability
State v. Cagle  (18-720 - Published)   Author: Judge Phil Berger Jr.
Specific intent jury instruction; premeditation and deliberation jury instruction; trial court intervention ex mero motu
State v. Futrelle  (18-1289 - Published)   Author: Judge Hunter Murphy
Waiver of indictment; NCGS 15A-642(c)
State v. Lankford  (18-854 - Published)   Author: Judge Hunter Murphy
Motion to withdraw; Criminal Plea; Manifest Injustice
State v. Southerland  (18-1134 - Published)   Author: Judge Wanda Bryant
Attempt, taking indecent liberty with a child, motion to dismiss.
State v. Stevens  (17-584 - Published)   Author: Judge Hunter Murphy
Tolling the statute of limitations
Wells Fargo Bank, N.A. v. Stocks  (18-1171 - Published)   Author: Judge Lucy Inman
Statute of Limitations; Sealed Instrument; Reformation of Deed
Unpublished Opinions
2 July 2019  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 22 July 2019 

Atkins v. Town of Wake Forest (18-1167 - Unpublished)   Author: Judge Chris Dillon
Retaliatory Employment Discrimination Act, N.C. Gen. Stat. § 95-241, summary judgment, burden-shifting, nondiscriminatory purpose, evidence of pretext beyond speculation
Cooper v. Ismail (18-1166 - Unpublished)   Author: Per Curiam
Failure to preserve.
In re: Davis (18-882 - Unpublished)   Author: Judge John Arrowood
home foreclosure; deed of trust; power of attorney; NCGS § 45-102
In re: K.A.W. (19-164 - Unpublished)   Author: Judge Reuben Young
Involuntary Commitment
In re: Madara (19-26 - Unpublished)   Author: Judge Allegra Collins
County board of elections; voter challenge; standard of review.
Johnson v. PG Mgmt. Grp., LLC (18-1262 - Unpublished)   Author: Judge Reuben Young
Voluntary Dismissal, Bad Faith, Motion to Set Aside and Real Party in Interest
Morton v. Combs (18-689 - Unpublished)   Author: Judge Valerie Zachary
civil contempt; willful noncompliance with prior court orders; unchallenged findings of fact
Onizuk v. Onizuk (18-461 - Unpublished)   Author: Judge Wanda Bryant
Equitable distribution; alimony; marital misconduct; findings of fact; attorney fees.
Solesbee v. Brown (18-842 - Unpublished)   Author: Judge Hunter Murphy
Owelty; Partition by sale; Findings of Fact and Conclusions of Law
State v. Bair (18-830 - Unpublished)   Author: Judge Valerie Zachary
habitual impaired driving; driving while licensed revoked; ineffective assistance of counsel
State v. Blakeslee (18-974 - Unpublished)   Author: Judge Lucy Inman
Indictment Presentment State v. Baker
State v. Bunch (18-1287 - Unpublished)   Author: Judge John Tyson
possession of a firearm by a felon; habitual felon status; sentence in a presumptive range; presumption of regularity; colloquy after State's evidence.
State v. Campbell (18-883 - Unpublished)   Author: Judge Valerie Zachary
second-degree murder; discharging a weapon into occupied property; appeal following guilty plea; no-merit brief
State v. Cherry (18-619 - Unpublished)   Author: Judge Valerie Zachary
possession of a stolen motor vehicle; sufficiency of the evidence of defendant's knowledge that the vehicle was stolen
State v. Foster (18-975 - Unpublished)   Author: Judge John Arrowood
presentments; indictments
State v. Goforth (18-851 - Unpublished)   Author: Judge Allegra Collins
Motion to suppress; warrantless traffic stop; investigation of other crimes; measurable extension of stop; no independent reasonable suspicion
State v. Gutierrez (18-733 - Unpublished)   Author: Judge Valerie Zachary
jury instructions on reasonable doubt; denial of defendant's motion to suppress
State v. Harris (18-952 - Unpublished)   Author: Judge Reuben Young
Constitutional Reasonableness
State v. Miller (18-1041 - Unpublished)   Author: Judge Tobias Hampson
Motion to dismiss; Intent required for possession with intent to sell or deliver cocaine; Sufficiency of evidence required for proving habitual-felon status; and whether a habitual-felon-status trial constitutes a sentencing proceeding for purposes of the prohibition against sentencing a defendant in absentia.
State v. Miller (18-904 - Unpublished)   Author: Judge John Tyson
Anders, 386 U.S. 738 (1967); larceny from a merchant; double jeopardy; motion to dismiss; ineffective assistance of counsel; unpreserved errors waived.
State v. Radford (18-609 - Unpublished)   Author: Judge Valerie Zachary
denial of defendant's motion to suppress; reasonable suspicion; extension of a traffic stop; unauthorized term of probation
State v. Reaves-Speller (18-972 - Unpublished)   Author: Judge John Arrowood
subject-matter jurisdiction; presentment and indictment
State v. Scott (19-61 - Unpublished)   Author: Judge Valerie Zachary
possession of a firearm by a felon; possession of marijuana paraphernalia; evidence of constructive possession; driver's dominion and control of the vehicle
State v. Stark (18-802 - Unpublished)   Author: Judge Wanda Bryant
Indictment; jury instruction; admissability of evidence; invited error.
State v. Stevens (18-983 - Unpublished)   Author: Judge Valerie Zachary
appeal from judgment entered upon defendant's guilty plea; no-merit brief
State v. Winfield (19-56 - Unpublished)   Author: Judge John Arrowood
probation violation; actual and constructive possession; ineffective assistance of counsel; motion for appropriate relief
Wallace v. Wallace (19-77 - Unpublished)   Author: Judge John Arrowood
interlocutory appeal; substantial right; personal jurisdiction

Filed: 18 June 2019
Mandate: 8 July 2019
Zip File of Published Opinions

Case Title / Description
Crazie Overstock Promotions, LLC. v. State of NC  (18-1034 - Published)   Author: Judge Chris Dillon
Summary judgment, gambling, video machines, chance versus skill, subterfuge
Ha v. Nationwide Gen. Ins. Co.  (19-75 - Published)   Author: Judge John Arrowood
insurance policy cancellations; statutory interpretation
Hunt v. NC Dep't of Pub. Safety  (18-1195 - Published)   Author: Judge John Arrowood
attorneys' fees; statutory authority
In re: D.A.Y.  (18-1226 - Published)   Author: Judge John Tyson
Termination of parental rights; jurisdiction; UCCJEA; Parental Kidnapping Prevention Act.
In re: T.H. & M.H.  (18-926 - Published)   Author: Judge Chris Dillon
Termination of parental rights, change in permanency plan, consideration of relevant factors, right of review for no-merit briefs
Johnson v. NC Dep't of Pub. Safety  (18-822 - Published)   Author: Judge Hunter Murphy
Discrimination on the basis of sex; burden-shifting framework; veteran's preference
Koonts v. First Nat'l Bank  (18-1075 - Published)   Author: Judge John Arrowood
interlocutory appeal; substantial right; res judicata
NC Indian Cultural Ctr., Inc. v. Sanders  (18-807 - Published)   Author: Judge Tobias Hampson
Breach of contract; Session Law 2013-186; Termination of contract with State; Contract Clause; Takings Clause; Bill of Attainder; Implied covenant of quiet enjoyment; Failure to obtain proper service does not toll statute of limitations after voluntary dismissal.
Sfreddo v. Hicks  (18-1010 - Published)   Author: Judge Donna Stroud
summary judgment conducted at bench trial, motion to dismiss
State v. Barrett  (19-79 - Published)   Author: Judge John Tyson
Tracking dog; purebred hound; admissibility of evidence; McLeod factors; reliability.
State v. Cabbagestalk  (18-1267 - Published)   Author: Judge Christopher Brook
Traffic stop; Search and seizure; Motion to suppress
State v. Ellis  (19-59 - Published)   Author: Judge John Arrowood
motion to suppress; possession with intent to sell or deliver marijuana; knock and talk; 4th Amendment
State v. Pender  (18-859 - Published)   Author: Judge Chris Dillon
assault; assault with deadly weapon; jury instruction; plain error; pattern jury instruction; bodily injury; offensive conduct; death; serious bodily injury; reasonable belief; self-defense
Sykes v. Vixamar  (18-525 - Published)   Author: Judge Richard Dietz
Automobile negligence; medical liens; fair medical billing statute; effect of failing to bill patient's health insurer on recovery of medical charges through patient's tort judgment
Unpublished Opinions
18 June 2019  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 8 July 2019 

Charde v. The Town of Davidson (18-938 - Unpublished)   Author: Judge Allegra Collins
Rezoning decision, notice of public input session; failure to follow uniform
Fennell v. E. Carolina Health (18-1096 - Unpublished)   Author: Judge John Tyson
Medical malpractice/wrongful death; directed verdict; fraudulent concealment; active fraud; constructive fraud; Watts v. Cumberland Cty. Hosp. Sys.
In re: A.L.L. (18-902 - Unpublished)   Author: Judge Richard Dietz
Termination of parental rights; parent's right to effective assistance of counsel; termination on ground of willful abandonment
In re: D.F.J. (18-1127 - Unpublished)   Author: Judge Richard Dietz
Termination of parental rights; appeal from dispositional order challenges to findings of fact; best interests determination
In re: J.P. (18-1124 - Unpublished)   Author: Judge John Tyson
Involuntary commitment; NCGS 122C-266; failure to object, N.C. R. App. 10(a)(1); suspend the rules, N.C. R. App. P. 2.
In re: K.C.W. (18-927 - Unpublished)   Author: Judge John Tyson
Termination of parental rights; motion to continue; best interests determination; NCGS 7B-1110.
In re: K.M.B., K.N.B., C.G.B. (18-1215 - Unpublished)   Author: Judge Chris Dillon
parental rights; termination; neglect; social services; custody; best interest of the child
In Re: K.S.A. (18-1305 - Unpublished)   Author: Judge Phil Berger Jr.
termination of parental rights; abandonment; neglect
In re: M.Y-F.H., K.J.Y.H., Y.K-M.A. (18-1180 - Unpublished)   Author: Judge Phil Berger Jr.
termination of parental rights; competency; appointment of a guardian ad litem
State v. Barnett (18-1183 - Unpublished)   Author: Judge John Tyson
Felony animal cruelty, NCGS 14-360; lesser-included offense instruction; motion to dismiss; prior notice of defenses, NCGS 15A-905; accident, justification, ineffective assistance of counsel.
State v. George (19-117 - Unpublished)   Author: Judge Reuben Young
Statutory Construction, Habitual Impaired Driving
State v. Gilchrist (18-479 - Unpublished)   Author: Judge Hunter Murphy
Leg shackles; Rules of Evidence; Rule 412; Prejudice
State v. Haqq (18-339 - Unpublished)   Author: Judge Linda McGee
Imperfect Self-defense, Aggressor, Second-degree murder, Deadly weapon
State v. Padilla-Amaya (18-856 - Unpublished)   Author: Judge Chris Dillon
sex offenses; satellite-based monitoring; restitution; closing argument; grossly improper; ineffective assistance of counsel; prejudice; ex mero motu; relevance; evidence; manifest injustive; Rule 2
State v. Richardson (18-855 - Unpublished)   Author: Judge Tobias Hampson
Altering court documents or entering unauthorized judgments; Access of a government computer to defraud; Variance between indictment and proof.
State v. Sparks (18-1102 - Unpublished)   Author: Judge Chris Dillon
robbery; conspiracy; second degree kidnapping; motion to suppress; ineffective assistance of counsel; fourth amendment; warrant; probable cause
State v. Tyler (18-1184 - Unpublished)   Author: Judge Chris Dillon
Character evidence, motive, prior incarceration, plain error, ineffective assistance of counsel
State v. Vazquez (18-1296 - Unpublished)   Author: Judge Lucy Inman
Reasonable Suspicion Competent Evidence Infer Confidential Informant
State v. Ware (18-1185 - Unpublished)   Author: Judge Donna Stroud
preservation for issue, motion to dismiss
State v. York (18-554 - Unpublished)   Author: Judge Richard Dietz
Assault with a deadly weapon with intent to kill inflicting serious injury; plain error; voluntary intoxication instruction; specific intent to kill
Winston Affordable Hous., L.L.C. v. Roberts (18-553 - Unpublished)   Author: Judge Hunter Murphy
Summary ejectment; HUD regulations; Unfair or deceptive trade practice

Filed: 4 June 2019
Mandate: 24 June 2019
Zip File of Published Opinions

Case Title / Description
In re: A.R.C., K.M.W., C.W.S.W., A.S.W.  (18-791 - Published)   Author: Judge Lucy Inman
Ineffective assistance of counsel Adequate review
In re: C.D.H.  (18-601 - Published)   Author: Judge Donna Stroud
termination of parental rights, ineffective assistance of counsel
Patterson v. Worley  (18-977 - Published)   Author: Judge Phil Berger Jr.
Negligence; Contributory Negligence; Last Clear Chance; Summary Judgement
State v. Denton  (18-742 - Published)   Author: Judge Donna Stroud
expert testimony, accident reconstruction
State v. Gambrell  (18-900 - Published)   Author: Judge Chris Dillon
indecent liberties; sex offender; satellite-based monitoring; totality of the circumstances; empirical data; hearing; Grady
State v. Jones  (18-748 - Published)   Author: Judge Hunter Murphy
Rule 2, discharging a firearm into occupied dwelling, assault, indictment
State v. Marsh  (18-808 - Published)   Author: Judge Chris Dillon
Withdrawal of guilty plea, imposition of a sentence other than pleaded for
State v. Williams  (18-994 - Published)   Author: Judge John Tyson
Embezzlement; civil settlement agreement release; no bar to criminal restitution, NCGS 15A-1343, writ of certiorari, issue of first impression.
Taylor v. Hiatt  (18-864 - Published)   Author: Judge Chris Dillon
Easements, declaratory judgment, right to erect gates, deed and plat interpretation
The NC Reinsurance Facility v. Causey  (18-1303 - Published)   Author: Judge John Arrowood
plain meaning; The Reinsurance Facility
Walsh v. Cornerstone Health Care, P.A.  (18-925 - Published)   Author: Judge Valerie Zachary
e-discovery; Rule 26(g) sanctions; abuse of discretion; notice
Wygand v. Deutsche Bank Tr. Co. Ams.  (18-1073 - Published)   Author: Judge Phil Berger Jr.
Mortgage; Deed of Trust; Binding Arbitration; Arbitration Rider; Federal Arbitration Act
Unpublished Opinions
4 June 2019  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 24 June 2019 

Day v. Am. Airlines (18-1125 - Unpublished)   Author: Judge Chris Dillon
Workers? compensation, witness testimony, impermissibly disregarded, sufficiency of the evidence, credibility
Harr v. Wral-5 News (19-88 - Unpublished)   Author: Per Curiam
res judicata
In re: I.G.A. & D.A.A. (18-1179 - Unpublished)   Author: Judge Valerie Zachary
N.C.R. App. P. 3.1; abused and neglected juveniles; adjudicatory findings; expert opinion testimony regarding sexual abuse
In re: J.H.B. (18-1030 - Unpublished)   Author: Judge Donna Stroud
juvenile reunification efforts
In re: L.B. & C.B. (18-815 - Unpublished)   Author: Judge Valerie Zachary
termination of parental rights; stipulation to factual allegations; ineffective assistance of counsel; safe home under N.C. Gen. Stat. 7B-1111(a)(9)
In re: M.F. & C.F. (18-1064 - Unpublished)   Author: Judge Lucy Inman
Subject Matter Jurisdiction; Verifications; Notarial Acts
In re: N.J.M. (18-1154 - Unpublished)   Author: Judge Wanda Bryant
Juvenile; Delinquency; Admissions.
Luke v. Woodlawn Sch. (18-1109 - Unpublished)   Author: Judge Reuben Young
Motion to disqualify counsel; Interlocutory arguments; Failure to preserve and Jurisdictional defect
Martinson v. Mecklenburg Cty. DSS (18-1313 - Unpublished)   Author: Judge John Tyson
Responsible individual list, NCGS 7B-320; insufficient notice; summary judgment; offer of proof.
McLamb v. Town of Smithfield (18-1235 - Unpublished)   Author: Judge John Arrowood
conditional use permit; attorneys' fees
Mecum Auction, Inc. v. McKnight (18-1208 - Unpublished)   Author: Judge Tobias Hampson
Forum selection clause; Choice-of-law clause; Uniform Enforcement of Foreign Judgments Act; Full faith and credit; Contract formation; N.C. Gen. Stat. Section 228-3; Personal jurisdiction.
Pangea Capital Mgmt., LLC v. Lakian (18-956 - Unpublished)   Author: Judge Lucy Inman
Subject Matter Jurisdiction; Appeals from Clerk to District Court; Homestead Exemption; Residency
State v. Benson (18-732 - Unpublished)   Author: Judge Donna Stroud
Admission of a co-defendant's testimony, legitimate purpose, prejudice
State v. Cseh (18-1288 - Unpublished)   Author: Judge Reuben Young
Motion to Dismiss, Possession of a stolen vehicle
State v. Forney (18-418 - Unpublished)   Author: Judge Hunter Murphy
State v. Harris (18-910 - Unpublished)   Author: Judge Lucy Inman
Sufficiency of the evidence Rule 2 Ineffective assistance of counsel
State v. Hoskins (18-1181 - Unpublished)   Author: Judge John Arrowood
habitual felon; superseding indictment
State v. McMahan (18-672 - Unpublished)   Author: Judge Hunter Murphy
Presentment & Indictment
State v. Queen (18-819 - Unpublished)   Author: Judge Valerie Zachary
indecent liberties; corroborative evidence; jury instructions; statutory eligibility for satellite-based monitoring
State v. Sturdivant (18-1004 - Unpublished)   Author: Judge Phil Berger Jr.
Trafficking in Cocaine; Conspiring to Traffick in Cocaine; Trial in Absentia; Destruction of Trial Transcript; Unavailability of Verbatim Transcript; Forfeiture of Right to Transcript
The NC State Bar v. Weckworth (18-866 - Unpublished)   Author: Judge Tobias Hampson
Attorney discipline; Censure; Violations of Rules of Professional Conduct; Whether findings of fact in DHC order support the discipline imposed; Whether denial of motion to compel and quashing of two subpoenas violated defendant's due process rights.

Filed: 21 May 2019
Mandate: 10 June 2019
Zip File of Published Opinions

Case Title / Description
Ashe Cty. v. Ashe Cty. Plan. Bd.  (18-253 - Published)   Author: Judge Chris Dillon
Local government permits, zoning, state permits, sufficient applications, moratoria, binding effect of official statements
Barefoot v. Rule  (18-1160 - Published)   Author: Judge Donna Stroud
voluntary dismissal without prejudice
Hills Mach. Co., LLC v. Pea Creek Mine, LLC  (18-890 - Published)   Author: Judge John Tyson
Summary judgment; breach of warranty; manufacturer's warranty; extended service plan; goodwill assistance; fraud; unfair and deceptive trade practices, NCGS 75-1.1; judicial estoppel.
In re: Botros  (18-1137 - Published)   Author: Judge Tobias Hampson
Disability inactive status; Inherent authority of courts to regulate attorneys; Subject matter jurisdiction; Due process
In re: J.C.D.  (18-957 - Published)   Author: Judge Donna Stroud
Involuntary commitment; required findings; physician's report
In re: M.T-L.Y.  (18-826 - Published)   Author: Judge Lucy Inman
Reunification Reunification efforts In re C.P. Effective assistance of counsel
Jackson v. The Timken Co.  (18-695 - Published)   Author: Judge Hunter Murphy
Workers' Compensation; subject matter jurisdiction; arising out of employment; medical negligence
Parkes v. Hermann  (18-888 - Published)   Author: Judge Chris Dillon
medical malpractice, standard of care, proximate cause, ?loss of chance;? summary judgment
State v. Allen  (18-1159 - Published)   Author: Judge John Arrowood
unavailability; confrontation clause; forfeiture by wrongdoing; gang-related testimony
State v. Capps  (18-386 - Published)   Author: Judge Valerie Zachary
misdemeanor statement of charges; jurisdiction; In re Civil Penalty
State v. Carver  (18-935 - Published)   Author: Judge John Tyson
Driving while impaired; warrantless traffic stop; anonymous tip; reasonable suspicion; no indicia of reliability, no corroboration; motion to suppress.
State v. Davis  (18-1017 - Published)   Author: Judge Chris Dillon
rape; sexual battery; jury instructions; victim; complaining witness; expert testimony; credibility; consistent with; plain error; prejudice; vouching
State v. Dawkins  (18-1101 - Published)   Author: Judge Allegra Collins
Criminal Convictions, Attorney-Client Impasse, Unpreserved Objection
State v. Keller  (17-1318 - Published)   Author: Judge Phil Berger Jr.
Solicitation of a Minor by Computer; Entrapment Jury Instruction; de novo review
State v. Marino  (18-1135 - Published)   Author: Judge Tobias Hampson
N.C. Gen. Stat. Section 15A-1331.2; Prayer for judgment continued; Jurisdiction to enter judgment after entry of prayer for judgment continued; Legislative intent; Statutory construction
State v. Parks  (18-520 - Published)   Author: Judge John Arrowood
expert testimony (Daubert, McGrady); motion to suppress; motion to dismiss
State v. Thompson  (18-885 - Published)   Author: Judge John Arrowood
right to remain silent; Rule 404(b)
Taylor v. Perni  (18-602 - Published)   Author: Judge Hunter Murphy
motion to quash subpoena
Wilmington Sav. Fund Soc'y, FSB v. Mortg. Elec. Registration Sys., Inc.  (18-1060 - Published)   Author: Judge John Tyson
Priority of lien; void satisfaction; Union Central Life Insurance v. Cates; exception to pure race priority recordation; Rule 12(c)- judgment on the pleadings; bona fide purchaser for value.
Unpublished Opinions
21 May 2019  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 10 June 2019 

Evans v. Croft (18-468 - Unpublished)   Author: Judge Phil Berger Jr.
Flores v. Flores (18-230 - Unpublished)   Author: Judge Wanda Bryant
Dependent Spouse; Alimony.
In re: A.R-V. (18-584 - Unpublished)   Author: Judge Phil Berger Jr.
Juvenile Delinquency Adjudication. Motion to Dismiss. Disorderly Conduct.
In re: A.S.T. (18-947 - Unpublished)   Author: Judge Donna Stroud
termination of parental rights, dependency, challenged findings
In re: N.B., M.S., L.W. (18-1087 - Unpublished)   Author: Judge Valerie Zachary
review and permanency planning; reunification efforts; constitutionally protected status of a parent; plan of custody; waiver of future permanency planing hearings; visitation
In re: W.A.B., B.F.B., A.G.B., E.H.B., R.A.B., M.A.B. (18-953 - Unpublished)   Author: Judge Lucy Inman
Termination of Parental Rights; Closing Argument; Due Process
Layton v. Dep't of State Treasurer (18-921 - Unpublished)   Author: Judge Chris Dillon
disability benefits; long-term; short-term; constitutionality; equal protection; due process; minimum scrutiny; legitimate purpose; rationally related; collateral estoppel; litigated; offensive collateral estoppel; non-mutual collateral estoppel
Medport, Inc. v. Am. Ventures Grp., LLC (18-950 - Unpublished)   Author: Judge Phil Berger Jr.
motion to dismiss; election of remedies; fraud; contract rescission or reformation; motion for reconsideration
Murchison v. Reg'l Surgical Specialists (18-297 - Unpublished)   Author: Judge Hunter Murphy
Medical malpractice; closing argument; abuse of discretion standard
Nelson v. Nelson (18-937 - Unpublished)   Author: Judge Chris Dillon
alimony; modification; change in circumstances; motion to compel; attorney?s fees
O'Nan v. Nationwide Ins. Co. (18-990 - Unpublished)   Author: Judge Lucy Inman
Substantial right Interlocutory
Pigford v. Pace (18-1095 - Unpublished)   Author: Judge Phil Berger Jr.
Easement. Bench trial standard of review. Rule 52 N.C. Rules of Civil Procedure. Findings of Fact and Conclusions of Law.
State v. Blackwell (18-1040 - Unpublished)   Author: Judge Reuben Young
Attorney's Fees, Plain error
State v. Durham (18-630 - Unpublished)   Author: Judge Donna Stroud
motion to dismiss
State v. Harden (18-999 - Unpublished)   Author: Judge Donna Stroud
Rule 403, Rule 404, Prior Misconduct
State v. Hawkins (18-908 - Unpublished)   Author: Judge Donna Stroud
Anders
State v. Jones (18-893 - Unpublished)   Author: Judge Donna Stroud
Anders
State v. Marks (18-933 - Unpublished)   Author: Judge John Arrowood
right to remain silent; right to counsel
State v. McGill (18-911 - Unpublished)   Author: Judge Donna Stroud
motion to suppress
State v. Medlin (18-20 - Unpublished)   Author: Judge Hunter Murphy
Rule 404(b); Rule 701; motion to dismiss
State v. Muthe (18-1265 - Unpublished)   Author: Judge John Tyson
Statutory rape, NCGS 14-27.25; indecent liberties with a child; NCGS 14-202.1; defendant's age; officer's testimony; hearsay; plain error review.
State v. Ross (18-652 - Unpublished)   Author: Judge Linda McGee
Motion to Suppress; waiver of right to appellate review; jury instructions
State v. Sydnor (18-589 - Unpublished)   Author: Judge Wanda Bryant
BOLO; Traffic Stop; Reasonable Suspicion; Evidence.
State v. Trevino (18-741 - Unpublished)   Author: Judge Allegra Collins
relevancy of evidence; prejudice
Walston v. Duke Univ. (18-981 - Unpublished)   Author: Judge Wanda Bryant
Termination of Benefits, Disability.
Woody v. FlightGest, Inc. (18-940 - Unpublished)   Author: Judge Linda McGee
Rule 12(b)(6); Indemnity; Contribution; Negligence

Filed: 7 May 2019
Mandate: 28 May 2019
Zip File of Published Opinions

Case Title / Description
Clemons v. Clemons  (18-433 - Published)   Author: Judge Donna Stroud
Equitable Distribution, Separate Property, Stipulations
Cogdill v. Sylva Supply Co., Inc.  (18-845 - Published)   Author: Judge Allegra Collins
Expired lease agreement; year-to-year tenancy created by operation of law; right of first refusal not applicable term of tenancy
Cumberland Cty. v. Lee  (18-754 - Published)   Author: Judge John Arrowood
civil contempt, burden of proof to show cause
Dep't of Transp. v. Hutchinsons, LLC  (18-675 - Published)   Author: Judge Chris Dillon
Eminent domain, Section 108 hearings, notice of motions, substantial right, trial court jurisdiction following an appeal
Draughon v. Evening Star Holiness Church of Dunn  (18-887 - Published)   Author: Judge Lucy Inman
Summary Judgment; Contributory Negligence; Premises Liability
In re: Willie Reggie Harris, Petitioner  (18-1026 - Published)   Author: Judge John Tyson
NCGS 7B-320; Responsible Individuals List; late notice; prejudice; dismissal of criminal charges
In re: B.C.T. & J.B.B.  (18-929 - Published)   Author: Judge Donna Stroud
disposition, custody, best interest of a child
J.S. & Assocs., Inc. v. Stevenson  (18-1065 - Published)   Author: Judge Chris Dillon
Small claims court, jurisdiction, amount in controversy, compulsory counterclaims, appeal to district court
K4C6R, LLC v. Elmore  (18-1008 - Published)   Author: Judge John Arrowood
plain language; contract
McCullers v. Lewis  (18-825 - Published)   Author: Judge Allegra Collins
Motion to dismiss, interlocutory appeal; Rule 12(b)(2), public official immunity
Poage v. Cox  (18-1066 - Published)   Author: Judge John Tyson
Summary judgment; negligence-premises liability; denial of motion to strike; Legionnaires' disease; Vacation Rental Act, NCGS 42A-1, et seq.; waiver of arguments; proximate cause.
Raleigh Radiology LLC v. NC Dep't of Health & Hum. Servs.  (18-785 - Published)   Author: Judge Chris Dillon
Office of Administrative Hearings; substantial prejudice; certificate of need; department of health and human services; standard of review; comparative analysis; MRI; agency; criteria; conforming; deference
State v. Copley  (18-895 - Published)   Author: Judge John Tyson
First-degree murder; defense of habitation, NCGS 14-51.2; self-defense; improper injection of race; prosecutor's closing argument; new trial; jury instructions; NC Pattern Instruction Crim.- 308.80 - Curtilage.
State v. DeJesus  (18-750 - Published)   Author: Judge Valerie Zachary
corpus delicti; foreign birth certificate; authentication; hearsay; satellite-based monitoring; unpreserved Fourth Amendment challenge
State v. Jones  (18-508 - Published)   Author: Judge Richard Dietz
Trial Calendar in Criminal Cases; Request for Continuance; Harmless Error; Request to Present Rebuttal Witness
State v. Massey  (18-1161 - Published)   Author: Judge John Tyson
First-degree kidnapping with firearm enhancement; motion to dismiss; release in a safe place, escape.
State v. McAllister  (18-726 - Published)   Author: Judge John Tyson
Counsel's Admission of Client's Guilt; Habitual Misdemeanor Assault on a Female; State v. Harbison; Closing Argument; Ineffective Assistance of Counsel; Motion for Appropriate Relief
State v. Simpkins  (18-725 - Published)   Author: Judge Donna Stroud
waiver of counsel, forfeiture of counsel
State v. Speas  (18-456 - Published)   Author: Judge Wanda Bryant
Indictment; Capable of Owning Property, Corporation.
State v. Wright  (18-209 - Published)   Author: Judge Donna Stroud
notice of intent to prove aggravating factors, clerical errors, ineffective assistance of counsel
Thomas v. Burgett  (18-783 - Published)   Author: Judge Lucy Inman
Child Support Guidelines Gross Income Extraordinary Expenses Deviating from the Guidelines
Unpublished Opinions
7 May 2019  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 28 May 2019 

Coley v. Cowan (18-1020 - Unpublished)   Author: Judge Lucy Inman
In re: J.J., Y.J., J.J., E.J., E.J., M.S. (18-989 - Unpublished)   Author: Judge Wanda Bryant
Best Interest of Child; Termination of Parental Rights; Bond Adoption.
In re: K.L.C. (18-1003 - Unpublished)   Author: Judge Valerie Zachary
subject matter jurisdiction; prospective adoptive parents' standing to file a petition to terminate parental rights
In re: N.S.J., N.S.J., S.S.J., E.O.J., III (18-1005 - Unpublished)   Author: Judge Donna Stroud
termination of parental rights
In re: T.J.M.L. (18-1022 - Unpublished)   Author: Judge Allegra Collins
Termination of Parental Rights; Required Findings of Fact; Dependency; Neglect; Willful Abandonment; Failure to Make Progress to Reunify; Failure to Pay
McFarland v. Pitt Cty. Bd. of Educ. (18-946 - Unpublished)   Author: Judge Valerie Zachary
interlocutory appeal; appellant's burden
Orange Cty. v. Canup (18-1139 - Unpublished)   Author: Judge John Tyson
Child support order; abuse of discretion review; child support guidelines; non-recurring income; rent-free housing; health insurance premium proration.
Rider v. Pryor (18-821 - Unpublished)   Author: Judge Phil Berger Jr.
expert witnesses-Notice; expert witness as lay witness;
State v. Bamaca (18-1244 - Unpublished)   Author: Judge John Tyson
Defendant's failure to appear; notice of forfeiture; motion to set aside bond forfeiture; statutorily mandated timeline.
State v. Brown (18-1044 - Unpublished)   Author: Judge Tobias Hampson
Fourth Amendment; Search and Seizure; Reasonable suspicion; Probable cause; Drug paraphernalia; Investigatory stop; Anonymous tip; Admission of prior arrest to support probable cause.
State v. Case (18-746 - Unpublished)   Author: Judge Richard Dietz
Driving While Impaired; Plain Error; Denial of Motion to Suppress; Probable Cause for DWI Arrest
State v. Dudley (18-1121 - Unpublished)   Author: Per Curiam
First-degree felony murder by a juvenile; life with the possibility of parole; NCGS 15A-1340.19B(a)(1).
State v. Graham (18-1 - Unpublished)   Author: Judge Hunter Murphy
Indictment; Fourth Amendment
State v. Jones (18-502 - Unpublished)   Author: Judge Wanda Bryant
DNA Testing; Motion to Dismiss; Writ Of Certiorari, Writ of Mandamus.
State v. Jordan (18-875 - Unpublished)   Author: Judge Tobias Hampson
Waiver of counsel; Admission of evidence; Plain error.
State v. Neese (18-1204 - Unpublished)   Author: Judge Phil Berger Jr.
Motion to Dismiss; Identification of Perpetrator; DWI
State v. Phillip (18-1012 - Unpublished)   Author: Judge Phil Berger Jr.
First Degree Murder; Possession of Firearm by a Felon; joinder of offenses; Sixth Amendment Confrontation;
State v. Richardson (18-696 - Unpublished)   Author: Judge Lucy Inman
Ineffective assistance of counsel Motion to suppress State v. Rivera Visual testimony
State v. Sanders (18-954 - Unpublished)   Author: Judge Chris Dillon
murder; first-degree murder; jury instructions; acting in concert; common plan or purpose; context; entirety; plain error
State v. Thompson (18-557 - Unpublished)   Author: Judge Phil Berger Jr.
arrest warrant; misdemeanor stalking; jury instructions
State v. Zey (18-955 - Unpublished)   Author: Judge Valerie Zachary
statutory sex offense; indecent liberties; motion to suppress; plain error
Stathum-Ward v. Wal-Mart Stores, Inc. (18-738 - Unpublished)   Author: Judge John Arrowood
jury instructions; spoliation; motion in limine
Stull v. Stull (18-915 - Unpublished)   Author: Judge Valerie Zachary
motion to modify custody; prejudice; conclusions of law

Filed: 16 April 2019
Mandate: 6 May 2019
Zip File of Published Opinions

Case Title / Description
Duke Energy Progress, Inc. v. Kane  (18-239 - Published)   Author: Judge Wanda Bryant
Color of Title, Easement, Summary Judgment.
In re: H.N.D. & L.N.A-D.  (18-958 - Published)   Author: Judge Allegra Collins
Termination of Parental Rights, cessation of reunification efforts, adjudication, N.C. Gen. Stat. Section 7B-1111(a)(6)
Jackson v. Don Johnson Forestry, Inc.  (18-354-2 - Published)   Author: Judge Chris Dillon
Wills, property rights, life estate, remaindermen, timber rights, trover, indemnity
State v. Bauguss  (18-795 - Published)   Author: Judge John Arrowood
Statutory sexual offense; attempted statutory sex offense.
State v. Brown  (18-1107 - Published)   Author: Judge John Arrowood
motion to suppress; community caretaking doctrine; traffic stop, DWI
State v. Chandler  (18-14 - Published)   Author: Judge Phil Berger Jr.
guilty plea; Alford plea
State v. Fields  (18-673 - Published)   Author: Judge Tobias Hampson
Motion to Dismiss; Habitual misdemeanor assault; Two convictions from one action.
State v. Hughes  (18-967 - Published)   Author: Judge Lucy Inman
Aggravating factors; notice; DWI
State v. Johnson  (18-966 - Published)   Author: Judge John Arrowood
sentencing; due process
State v. Schmieder  (18-1027 - Published)   Author: Judge Richard Dietz
Second Degree Murder; Vehicular Homicide; Inherently Dangerous Without Regard to Human Life; Admission of Prior Driving Record Under Rule 404(b); Denial of Motion to Dismiss; Sufficiency of Evidence of Malice; Sufficiency of Second Degree Murder Indictment
Swint v. Doe  (18-964 - Published)   Author: Judge Chris Dillon
summary judgment; paternity; inheritance; estate; administration; guardian ad litem; intestate succession act; wedlock; N.C. Gen. Stat. § 29-19; N.C. Gen. Stat. § 49-14; putative father; N.C. Gen. Stat. § 28A-19-3; clerk of court; exclusive jurisdiction; original jurisdiction
Unpublished Opinions
16 April 2019  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 6 May 2019 

Brunson v. Off. of the Twelfth Judiciary (18-838 - Unpublished)   Author: Judge John Arrowood
tort claims act; motion to dismiss
Brunson v. The Off. of the Governor of NC (18-836 - Unpublished)   Author: Judge John Arrowood
tort claims act; subject matter jurisdiction
Buchanan v. NC Farm Bureau Mut. Ins. Co., Inc. (18-347 - Unpublished)   Author: Judge Phil Berger Jr.
interlocutory appeal; substantial right
In re: A.A.H. (18-779 - Unpublished)   Author: Judge Chris Dillon
Neglect, similar language in order and parties? reports, cease reunification, termination of parental rights
In re: C.N.B. (18-1104 - Unpublished)   Author: Judge Hunter Murphy
In re: D.V.G. (18-878 - Unpublished)   Author: Judge Wanda Bryant
Termination of Parental Rights; Notice of Appeal; Due Process; GAL; Neglect.
In re: F.M.C. (18-1168 - Unpublished)   Author: Judge Valerie Zachary
termination of parental rights; failure to make reasonable progress toward correcting the conditions that led to the juvenile's removal; N.C.R. App. P. 3.1(e) no-merit brief
In re: J.F. (18-1165 - Unpublished)   Author: Judge Hunter Murphy
Rule 2, Juvenile, Motion to Dismiss
In re: S.H.J. (18-655 - Unpublished)   Author: Judge Wanda Bryant
Termination of Parental Rights, Abandonment.
In re: T.O. & J.O. (18-1110 - Unpublished)   Author: Judge Lucy Inman
Abused juvenile Judicial notice
Jones v. Jones (18-991 - Unpublished)   Author: Judge Donna Stroud
custody, intervenor, best interests
Lyon v. Serv. Team Of Prof'ls (E. Carolina), LLC (18-627 - Unpublished)   Author: Judge John Arrowood
bad faith; unfair and deceptive practices; negligent hiring; insurance policy
Mann v. Union Cty. Clerk of Ct. (18-1116 - Unpublished)   Author: Judge John Arrowood
notice of appeal; jurisdiction
Pender Cty. v. Sullivan (18-774 - Unpublished)   Author: Judge Donna Stroud
Tax foreclosure, Jurisdiction, Right to a jury trial
Reed v. Carolina Holdings (18-376 - Unpublished)   Author: Judge Richard Dietz
Trial Court Jurisdiction for Review of Industrial Commission's Denial of Attorney's Fees on Future Benefits for Attendant Care Services; N.C. Gen. Stat. 97-90(c); Supreme Court Reversal of Precedent Relied on by Trial Court; Vacate and Remand for Proceedings Consistent with Supreme Court Decision
Reed v. Carolina Holdings (18-597 - Unpublished)   Author: Judge Lucy Inman
Industrial Commission, Attorney's Fees, Appellate Jurisdiction
Scroggs v. Tractors On The Creek, LLC (18-1024 - Unpublished)   Author: Judge Allegra Collins
Entry of default, entry of default judgment, rule 55
Slok, LLC v. Courtside Condo. Owners Ass'n, Inc. (18-736 - Unpublished)   Author: Judge Valerie Zachary
condominium association; summary judgment; assessments; estoppel; conditional order
State v. Angram (18-993 - Unpublished)   Author: Judge John Tyson
Robbery with a dangerous weapon; lesser-included offenses- manner of requests; conspiracy; ineffective assistance of counsel; judge's post-verdict conversation with jury;
State v. Avila (18-626 - Unpublished)   Author: Judge John Arrowood
impaired driving; no merit brief
State v. Best (18-563 - Unpublished)   Author: Judge John Arrowood
constructive possession; jury instruction; plain error
State v. Carter (18-901 - Unpublished)   Author: Judge John Arrowood
motion in limine
State v. Eubanks (18-876 - Unpublished)   Author: Judge Richard Dietz
Possession of Stolen Goods; Possession of Firearm by a Felon; Denial of Request for Special Instruction; Jury Instruction on Possession; Requirement of Power and Intent to Control Disposition or Use; Improper Closing Argument; Grossly Improper Standard
State v. Gaddy (18-621 - Unpublished)   Author: Judge Lucy Inman
Jury instructions Prejudice Plain error Reasonable possibility
State v. Green (18-691 - Unpublished)   Author: Judge John Arrowood
civil judgment for court appointed attorney's fees; notice and opportunity to be heard
State v. Henry (18-693 - Unpublished)   Author: Judge John Arrowood
guilty plea; no merit brief
State v. Matthews (18-663 - Unpublished)   Author: Judge Richard Dietz
First Degree Burglary; Common Law Robbery; Admission of Audio Recording of Police Interrogation with Muted Portions and Limiting Instruction; Rules 401 and 403; Plain Error; Opinion Testimony of Law Enforcement Officer; Ineffective Assistance of Counsel
State v. Morgan (18-803 - Unpublished)   Author: Judge Chris Dillon
impaired driving; motion to suppress; evidence; reasonable suspicion; findings of fact; conclusions of law; reviewability; material conflict
State v. Morris (18-724 - Unpublished)   Author: Judge John Arrowood
no merit brief; clerical error
State v. Newkirk (18-670 - Unpublished)   Author: Judge John Arrowood
operating a motor vehicle to elude arrest with two or more aggravating factors
State v. Pulley (18-797 - Unpublished)   Author: Judge John Tyson
Discharging weapon into an occupied dwelling; assault on a female; possession of a firearm by a felon; motion to add witness; motion to continue; abuse of discretion review.
State v. Smallwood (18-578 - Unpublished)   Author: Judge John Arrowood
mistrial
State v. Watts (18-686 - Unpublished)   Author: Judge Valerie Zachary
first-degree forcible sexual offense; continuous transaction; jury instructions; plain error
State v. White (18-704 - Unpublished)   Author: Judge Phil Berger Jr.
hearsay; right to confront witness; harmless error
State v. Williamson (18-521 - Unpublished)   Author: Judge John Arrowood
motion to dismiss; subject matter jurisdiction; contitutionality of statute § 20-28
State v. Woody (18-1001 - Unpublished)   Author: Judge Richard Dietz
Sex Offender Registration; Failure to Report Change of Address; Sufficiency of Indictment to Charge Violation of N.C. Gen. Stat. 14-208.11(a)(2); Denial of Motion to Dismiss; Sufficiency of Evidence of Defendant Changing Address; Plain Error; Admission of Hearsay Testimony
Stowers v. Parker (18-737 - Unpublished)   Author: Judge Phil Berger Jr.
motion to continue; summary judgment; legal malpractice
Woodard v. The Goodyear Tire & Rubber Co. (18-865 - Unpublished)   Author: Judge Wanda Bryant
Compensable Injury, Accident, Witness Testimony.

Filed: 2 April 2019
Mandate: 22 April 2019
Zip File of Published Opinions

Case Title / Description
Bradshaw v. Bradshaw  (18-432 - Published)   Author: Judge Donna Stroud
out of state property agreement, public policy, choice of law
Brown v. Lattimore Living Tr.  (18-941 - Published)   Author: Judge John Arrowood
summary judgment; statute of limitations; reasonableness
Doe v. Wake Cty.  (18-109 - Published)   Author: Judge Hunter Murphy
42 U.S.C. 1983, Governmental Immunity Waiver, Public Official Immunity
Erickson v. NC Dep't of Pub. Safety  (18-820 - Published)   Author: Judge John Tyson
Discharge from employment; Office of Administrative Hearings; notice of appeal; proof of filing; exhaust administrative remedies; DPS form HR 556; inconsistent instructions.
Rabo Agrifinance, LLC v. Sills  (18-846 - Published)   Author: Judge Richard Dietz
Uniform Enforcement of Foreign Judgments Act; Consent to Jurisdiction Clause in Contract; Choice of Law; Interpretation of Contract Governed By Place Where Contract is Made
State v. Horton  (18-997 - Published)   Author: Judge Lucy Inman
Reasonable suspicion Anonymous tip High-crime area
State v. Salter  (18-747 - Published)   Author: Judge Tobias Hampson
Direct criminal contempt; Willfulness; Petition for Writ of Certiorari; Sentencing stipulations; Determination of prior record level.
Wise v. Wise  (18-858 - Published)   Author: Judge John Arrowood
child support; alimony; attorney fees
Unpublished Opinions
2 April 2019  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 22 April 2019 

In Re: A.M.A.T. (18-753 - Unpublished)   Author: Judge Donna Stroud
termination of parental rights
In re: A.T. (18-886 - Unpublished)   Author: Judge Lucy Inman
Cessation of Reunification Efforts; Permanency Planning Hearing; Verification of Custodian
In re: D.L.B. (18-912 - Unpublished)   Author: Judge Richard Dietz
Termination of parental rights; Neglect; Best interests determination
In re: H.R.J., B.J., G.J.J. (18-995 - Unpublished)   Author: Judge John Arrowood
TPR; § 7B-1111(a)(2)
In re: K.S.K., W.C.J.K., N.G.K. (18-814 - Unpublished)   Author: Judge John Arrowood
continuance; right to counsel in termination hearing.
In re: K.W. (18-816 - Unpublished)   Author: Judge Richard Dietz
Adjudication of abuse and neglect; Custody; Termination of juvenile court jurisdiction; Transfer to Chapter 50 custody matter; Denial of visitation
In re: M.N.P., C.H.P., D.A.P. (18-824 - Unpublished)   Author: Judge John Arrowood
TPR; neglect; best interests of the child
In re: N.T., R.E.T., A.M.T., E.G.T., H.F.T., D.T.T., T.T., Jr., G.M.T. (18-996 - Unpublished)   Author: Judge Phil Berger Jr.
permanency planning order; guardian verification; waiving further review hearings
In re: N.T., R.E.T., A.M.T., E.G.T., H.F.T., D.T.T., T.T., Jr., G.M.T., M.K.T. (18-849 - Unpublished)   Author: Judge Phil Berger Jr.
permanency planning; reunification; juvenile fourteen years of age; visitation
In The Matters Of: T.M.L.E., T.L.E., Jr., T.L.E., III (18-804 - Unpublished)   Author: Judge Richard Dietz
Termination of parental rights; Neglect; No-merit brief
LaMarre v. Martinez (18-224 - Unpublished)   Author: Judge Hunter Murphy
Action to Quite Title, Statute of Limitations, Fraud, Summary Judgment
Palmer v. Cline (18-924 - Unpublished)   Author: Judge Chris Dillon
Child-custody; UCCJEA; ?home state;? significant connection;? simultaneous proceedings; temporary emergency jurisdiction; continuing jurisdiction; stay
State v. Duff (18-874 - Unpublished)   Author: Judge Lucy Inman
Probation Revocation; Jurisdiction; Competency Hearing

Filed: 26 March 2019
Mandate: 15 April 2019
Zip File of Published Opinions

Case Title / Description
Gray v. Fed. Nat'l Mortg. Ass'n  (18-871 - Published)   Author: Judge Mark Davis
Interlocutory appeal; Substantial right; Collateral estoppel; Foreclosure
State v. Loftis  (18-709 - Published)   Author: Judge Richard Dietz
In-custody statements; Failure to move to suppress; Procedural bar; Stipulation to admission of evidence; No special colloquy by trial court required
State v. Newsome  (18-707 - Published)   Author: Judge Phil Berger Jr.
probation; probation revocation; absconding; clerical error
Unpublished Opinions
26 March 2019  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 15 April 2019 

Ball v. Bayada Home Health Care (18-918 - Unpublished)   Author: Judge Mark Davis
Workers' Compensation; Average Weekly Wage Calculation; NCGS § 97-2(5); Method 5
Claudio v. Sellers (18-636 - Unpublished)   Author: Judge Wanda Bryant
Jury Instructions; Breach of Fiduciary Duty; Controlling Shareholder
Clifton v. The Goodyear Tire & Rubber Co. (18-987 - Unpublished)   Author: Judge Linda McGee
Industrial Commission; Findings of Fact; Motion to Consolidate
Halifax Cty. v. Empire Foods, Inc. (18-531 - Unpublished)   Author: Judge Wanda Bryant
Motion to Dismiss; Failure to Prosecute; Abuse of Discretion; Summary Judgment; Contracts; Breach; Remedies
In re: A.A.J. (18-697 - Unpublished)   Author: Judge Linda McGee
Child custody; nonparent; constitutionally protected status; abandonment
In re: J.C-B. (18-922 - Unpublished)   Author: Judge Richard Dietz
Permanency planning; Termination of juvenile jurisdiction and transfer to civil custody proceeding; Conceded error; Requirement of live testimony at permanency planning hearing under N.C. Gen. Stat. 7B-906.1(c); Intervention by non-parent
In re: K.A.G. & N.R.P. (18-829 - Unpublished)   Author: Judge Mark Davis
3.1; Appointment of guardian ad litem for parent; Termination of parental rights; Neglect
Rmah v. USAA Cas. Ins. Co. (18-623 - Unpublished)   Author: Judge Mark Davis
Breach of insurance contract; unfair and deceptive trade practices; N.C. Gen. Stat. § 58-63-15; N.C. Gen. Stat. § 75-1.1; breach of settlement agreement; privity
State v. Franklin (18-777 - Unpublished)   Author: Judge Linda McGee
motion to dismiss; sufficiency of the evidence; possession of methamphetamine precursor chemical; constructive possession
State v. Gibson (18-448 - Unpublished)   Author: Judge Wanda Bryant
Admissibility of Evidence; Preservation; Bias
State v. Holmes (18-1023 - Unpublished)   Author: Judge Richard Dietz
Revocation of probation; Activation of multiple sentences; Trial court's discretion to reduce or restructure original sentences under N.C. Gen. Stat. 15A-1344(d)
State v. Howard (18-660 - Unpublished)   Author: Judge Mark Davis
Amended indictment; breaking or entering; lay witness identification; surveillance footage
State v. Thomas (18-959 - Unpublished)   Author: Judge Mark Davis
Amended indictment; breaking or entering; lay witness identification; surveillance footage

Filed: 19 March 2019
Mandate: 8 April 2019
Zip File of Published Opinions

Case Title / Description
Adams v. Langdon  (18-718 - Published)   Author: Judge Tobias Hampson
Grandparental visitation rights; Civil contempt; Effect of termination of parental rights on grandparental visitation rights; Notice of Appeal; Show Cause Motion.
Aesthetic Facial & Ocular Plastic Surgery Ctr., P.A. v. Zaldivar  (18-431 - Published)   Author: Judge Donna Stroud
Restrictive Covenants, Public Policy, Learned Profession Exception
Assoc. Behav. Servs., Inc. v. Smith  (18-463 - Published)   Author: Judge Mark Davis
Attorneys' fees; motion for reconsideration; Rule 60(b); notice of appeal
BDM Invs. v. Lenhil, Inc.  (18-533 - Published)   Author: Judge Robert Hunter Jr.
Complex Business Case.
Feeassco, LLC v. The Steel Network, Inc.  (18-739 - Published)   Author: Judge Allegra Collins
Order allowing motion to compel discovery; order allowing sanctions for discovery violations; order denying motion to compel discovery and for sanctions; review of interlocutory discovery orders
Gunter v. Maher  (18-844 - Published)   Author: Judge Phil Berger Jr.
interlocutory appeal; substantial right; order compelling discovery; attorney-client privilege
Hager v. Smithfield East Health Holdings, LLC  (18-651 - Published)   Author: Judge Lucy Inman
Arbitration; Standing to Compel Arbitration; Fiduciary Relationships; Fiduciary Duties
Henry v. Morgan  (18-731 - Published)   Author: Judge Lucy Inman
Service of process; due diligence; service by publication
Hill v. Durrett  (18-515 - Published)   Author: Judge Mark Davis
NCGS § 50-10; Annulment; Summary Judgment
Huml v. Huml  (18-484 - Published)   Author: Judge Donna Stroud
Custody, Suspension of Visitation
In re: J.L.  (18-473 - Published)   Author: Judge Wanda Bryant
Juvenile Guardianship; Standing; Admissibility of Evidence; Sufficiency of Evidence; Standard of Proof; Visitation
Julian v. The Univ. of NC Health Care Sys.  (18-477 - Published)   Author: Judge Richard Dietz
Breach of contract; hospital charges for operating room time; statute prohibiting billing for medical care not actually supplied
Ramsey v. Ramsey  (18-600 - Published)   Author: Judge Valerie Zachary
civil contempt; nonjurisdictional Appellate Rules violations; Appellant's brief
Simms v. Bolger  (18-551 - Published)   Author: Judge Tobias Hampson
Child support; Change in circumstances; Lump sum award; Custodial account; Arrearages; Attorneys' fees
Simms v. Bolger  (18-716 - Published)   Author: Judge Tobias Hampson
Contempt; Attorneys' fees
Sluder v. Sluder  (18-920 - Published)   Author: Judge Wanda Bryant
Equitable Distribution; Post Separation; Marital Debt
State v. Gamez  (18-436 - Published)   Author: Judge Mark Davis
Miranda warnings; custodial interrogation; military
State v. Griffin  (18-681 - Published)   Author: Judge John Arrowood
assault inflicting serious bodily injury; felony breaking and entering with intent to terrorize or injure
State v. Lopez  (18-13 - Published)   Author: Judge Linda McGee
Physically helpless; Expert testimony; Jury instructions; Satellite-based monitoring
State v. Miller  (17-1215-2 - Published)   Author: Judge John Tyson
Maintaining a dwelling for the keeping or sale of controlled substance, NCGS 90-108(a)(7); State v. Rogers, 817 S.E.2d 150 (2018); definition of keep; single sale; motion to dismiss.
State v. Rivera  (18-517 - Published)   Author: Judge Linda McGee
Motion to Suppress; Waiver; Appellate Review; Plain Error; Ineffective Assistance of Counsel
State v. Shackelford  (18-273 - Published)   Author: Judge Mark Davis
N.C. Gen. Stat. § 14-277.3A; Felony Stalking; First Amendment; As-applied challenge; Content-based restriction; Social media
Stern v. Stern  (18-523 - Published)   Author: Judge Donna Stroud
motion to dismiss, substantial change of circumstances, timing and modification, child custody
Tarr v. Zalaznik  (18-649 - Published)   Author: Judge Linda McGee
Partition by sale; Equity; N.C.G.S. Sec. 41-2(b); Joint Tenants
Tipton v. Delta Sigma Phi Fraternity, Inc.  (18-581 - Published)   Author: Judge Mark Davis
Summary judgment; Negligence; Proximate Cause; Wrongful Death; Hazing
Watauga Cty. o/b/o McKiernan v. Shell  (18-687 - Published)   Author: Judge Donna Stroud
IV-D claim; Chapter 50 action; custody; stay
Weishaupt-Smith v. Town of Banner Elk  (18-903 - Published)   Author: Judge Tobias Hampson
Variance Request; NC Appellate Rule 38; Motion to Substitute Parties on Appeal; Standing; Aggrieved Party; Quasi-Judicial Proceedings; Subject Matter Jurisdiction; Conditional Use Permit
Wright v. Alltech Wiring & Controls  (18-833 - Published)   Author: Judge Valerie Zachary
Industrial Commission; Workers' Compensation Act; appellate jurisdiction; coming and going rule; contractual duty exception; traveling salesperson exception
Unpublished Opinions
19 March 2019  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 8 April 2019 

Arroyo v. Yanez (18-497 - Unpublished)   Author: Judge Chris Dillon
Alimony; equitable distribution; divorce; attorney?s fees; dependent spouse; supporting spouse; marital misconduct; marital property; separate property; active appreciation; passive appreciation; business shares; income approach; asset approach; earning capacity; income; expert witness
Arroyo v. Yanez (18-560 - Unpublished)   Author: Judge Chris Dillon
Alimony; equitable distribution; divorce; attorney?s fees; dependent spouse; supporting spouse; marital misconduct; marital property; separate property; active appreciation; passive appreciation; business shares; income approach; asset approach; earning capacity; income; expert witness
Brinkley-Caldwell v. Britthaven, Inc. (18-400 - Unpublished)   Author: Judge Hunter Murphy
Motion to Dismiss; Rules of Civil Procedure; Rule 12(b)(6)
Chalk v. Braakman (18-792 - Unpublished)   Author: Judge Linda McGee
Motion for Directed Verdict; Motion for JNOV; Specific grounds required; Negligence
Cronje v. Johnston (18-698 - Unpublished)   Author: Judge Mark Davis
Summary ejectment; Implied warranty of habitability; Unfair and deceptive trade practices; NCGS § 42-42; Landlord/Tenant
Fed. Nat'l Mortg. Ass'n v. Price (18-775 - Unpublished)   Author: Judge John Tyson
Foreclosure of a deed of trust; subject matter jurisdiction; frivolous appeal.
Helbein v. Helbein (18-383 - Unpublished)   Author: Judge Hunter Murphy
In re: A.B. (18-711 - Unpublished)   Author: Judge John Arrowood
Rule 3.1 case; cessation of reunification efforts.
In re: A.D.S., N.V.S., C.D.S., H.D.S., F.D.S., S.V.S., V.D.S., D.V.S., V.D.S. (18-1111 - Unpublished)   Author: Judge Tobias Hampson
Termination of parental rights; Notice; Best interest determination; Motion to Continue; Motion to Withdraw; Fundamentally fair procedures in termination of parental rights hearings; Right to effective counsel; Right to notice of termination hearing.
In re: A.J.K. (18-906 - Unpublished)   Author: Judge Hunter Murphy
termination of parental rights; best interests determination
In re: A.X.M., Jr. (18-758 - Unpublished)   Author: Judge Wanda Bryant
Ineffective Assistance of Counsel; Termination of Parental Rights
In re: B.L. (18-881 - Unpublished)   Author: Judge Robert Hunter Jr.
Termination of Parental Rights.
In re: J.A.C. (18-595 - Unpublished)   Author: Judge Richard Dietz
Permanency Planning; Denial of Motion to Continue; Guardianship; Verification of Guardians; Understanding of Legal Significance; Adequate Financial Resources
In re: K.N.C.H. (18-913 - Unpublished)   Author: Judge Phil Berger Jr.
termination of parental rights; jurisdiction
In re: M.F.B., L.B., III, M.W.E.B. (18-848 - Unpublished)   Author: Judge John Arrowood
TPR; best interests/disposition
In re: M.R.C-M. (18-898 - Unpublished)   Author: Judge John Arrowood
no merit brief
In re: P.L.R. (18-782 - Unpublished)   Author: Judge Valerie Zachary
termination of parental rights; neglect; best interests of the child
Lea v. David's Bridal of Greensboro, Inc. (18-835 - Unpublished)   Author: Judge Robert Hunter Jr.
Injury by accident.
Makar v. Mimosa Bay Homeowners Ass'n, Inc. (18-547 - Unpublished)   Author: Judge Mark Davis
Homeowners Association; Restrictive Covenants; Summary Judgment; Architectural Review Committee
Mathis v. Jones (18-262 - Unpublished)   Author: Judge Wanda Bryant
Appellate Jurisdiction
O'Buckley v. O'Buckley (18-676 - Unpublished)   Author: Judge Wanda Bryant
Sanctions; Jurisdiction
Stamey v. Stamey (18-397 - Unpublished)   Author: Judge Wanda Bryant
Civil Contempt Order; Interlocutory; Substantial Right
State v. Al-Hamood (18-682 - Unpublished)   Author: Judge Lucy Inman
Motion to Dismiss; Motion to Suppress; First Degree Forcible Sexual Assault; Prejudicial Error
State v. Ardrey (18-460 - Unpublished)   Author: Judge Mark Davis
Attempted felony larceny; value of stolen property; motion to dismiss
State v. Benjamin (18-751 - Unpublished)   Author: Judge John Tyson
Possession with intent to sell or deliver marijuana; motion to suppress; Alford plea; notice of appeal; attorney's fees.
State v. Bradshaw (17-1286 - Unpublished)   Author: Judge John Tyson
Driving while impaired; statute of limitations, NCGS 15-1; citation
State v. Callaghan (18-543 - Unpublished)   Author: Judge Chris Dillon
Statutory rape and sexual offense, N.C. R. E. 412, prejudicial error, ineffective assistance of counsel, reasonable search, exigent circumstances, missing persons
State v. Chester (18-671 - Unpublished)   Author: Judge John Tyson
Possession of controlled substance, NCGS 90-95(a); Motion to suppress; Anders brief
State v. Cole (18-213 - Unpublished)   Author: Judge Hunter Murphy
Ineffective Assistance of Counsel; Cumulative Error; Restitution
State v. Fletcher (18-371 - Unpublished)   Author: Judge John Tyson
Breaking, entering and larceny; alibi witness; ineffective assistance of counsel, motion for appropriate for relief.
State v. Hight (18-555 - Unpublished)   Author: Judge John Tyson
Probation revocation; absconding; Anders brief.
State v. Jackson (18-344 - Unpublished)   Author: Judge Wanda Bryant
Restitution; Competent Evidence
State v. King (18-494 - Unpublished)   Author: Judge Wanda Bryant
Prior Convictions; Unfair Prejudice; Motion to Dismiss
State v. Kope (18-752 - Unpublished)   Author: Judge Wanda Bryant
Post-conviction Relief; Anders Brief
State v. Lane (18-444 - Unpublished)   Author: Judge Richard Dietz
Attempted First Degree Murder; Assault with a Deadly Weapon; Admission of Evidence of Victim's Age; N.C. R. Evid. 401; N.C. R. Evid. 404(b); Challenge to Closing Arguments; Jury Instruction on Self-Defense
State v. Lopes (18-161 - Unpublished)   Author: Judge Wanda Bryant
Jury Instruction; Lesser Included Offense; Legal Presumption
State v. Maurilio (18-155 - Unpublished)   Author: Judge Hunter Murphy
indictment; fatal variance; judgment arrested
State v. Moore (18-591 - Unpublished)   Author: Judge Phil Berger Jr.
jury instructions; deadly weapon; lesser included offense; defense of accident; plain error
State v. Moore (18-576 - Unpublished)   Author: Judge Wanda Bryant
Jurisdiction; Service of Notice of Appeal; Anders Appeal
State v. Morgan (18-412 - Unpublished)   Author: Judge Wanda Bryant
Resentencing; Prejudicial Error
State v. Moss (18-680 - Unpublished)   Author: Judge Robert Hunter Jr.
Assault with a deadly weapon; no duty to retreat provision; trial court's failure to intervene in prosecutor's closing and questions.
State v. Paylor (18-1038 - Unpublished)   Author: Judge John Tyson
Second-degree murder; malice and provocation; lesser-included offenses; jury instructions; failure to instruct; plain error.
State v. Ragland (18-799 - Unpublished)   Author: Judge Wanda Bryant
State v. Richardson (18-500 - Unpublished)   Author: Judge John Tyson
Embezzlement; overwhelming evidence; ineffective assistance of counsel.
State v. Ruffin (18-645 - Unpublished)   Author: Judge Robert Hunter Jr.
Ineffective Assistance of Counsel; Undisclosed Issues.
State v. Sanders (18-930 - Unpublished)   Author: Judge Allegra Collins
Restitution, civil judgments, larceny, breaking and entering
State v. Schricker (18-338 - Unpublished)   Author: Judge Phil Berger Jr.
closing arguments; trial court intervention ex mero motu ; restitution
State v. Shchetinin (18-236 - Unpublished)   Author: Judge John Tyson
Trafficking heroin; possession of methamphetamine; proposed jury instruction.
State v. Smith (18-122 - Unpublished)   Author: Judge Phil Berger Jr.
competency; absolute impasse
State v. Smith (18-789 - Unpublished)   Author: Judge Lucy Inman
Probable Cause; Warrantless Arrest; Staleness; Motion to Suppress
State v. Spikes (18-501 - Unpublished)   Author: Judge Hunter Murphy
discharging a firearm into occupied property; aggravating factor; sentencing
State v. Zimmerman (18-934 - Unpublished)   Author: Judge John Tyson
Civil judgment for attorney's fees; opportunity to be heard.
Tucker Chase, LLC v. Town of Midland (18-847 - Unpublished)   Author: Judge John Arrowood
performance guaranties; Board of Adjustment
Tyson v. Bess (18-879 - Unpublished)   Author: Judge Richard Dietz
Appellate Jurisdiction; Untimely Notice of Appeal; Modification of Child Support; Denial of Rule 60(b) Motion
Wright v. NC Off. of State Hum. Res. (18-276 - Unpublished)   Author: Judge Linda McGee
Exempt designtion; N.C. Gen. Stat. Sec. 126-5(g); notice; Statutory interpretation

Filed: 5 March 2019
Mandate: 25 March 2019
Zip File of Published Opinions

Case Title / Description
Brown v. Thompson  (18-919 - Published)   Author: Judge John Arrowood
interlocutory appeal; substantial right; res judicata
Conklin v. Conklin  (18-509 - Published)   Author: Judge Donna Stroud
Attorney's fees, acting in good faith, insufficient means
Crews v. Crews  (18-42 - Published)   Author: Judge Donna Stroud
specific performance, alimony
Donnell-Smith v. McLean  (18-613 - Published)   Author: Judge John Tyson
partition in kind; NCGS 46-3; NCGS 46-10; NCGS 46-13; NCGS 46-16; NCGS 46-19(a); NCGS 46-22; division of unequal interests; exception to commissioners' report; abuse of discretion.
Lake v. State Health Plan For Teachers & State Emps.  (17-1280 - Published)   Author: Judge John Tyson
State Health Plan retired state employees; partial summary judgment; interlocutory appeal; substantial right; US Const. art. I sec. 10; no impairment of contract; unilateral contract; NC Const. art. I, sec. 19
Preston v. Movahed  (18-674 - Published)   Author: Judge Allegra Collins
Medical malpractice 9(j) certification; medical expert willing to testify; facially valid 9(j) certificate
State v. Chevallier  (18-860 - Published)   Author: Judge Allegra Collins
A single transfer by sale or delivery of a counterfeit controlled substance is a single offense; admission of hearsay statement under Rule 801(d)(E)'s co-conspirator exception; motions to dismiss for insufficiency of the evidence charges of transfer of a counterfeit controlled substance under the theories of attempted sale and delivery; instruction on actual possession theory of possession of a firearm by a felon.
State v. Cox  (18-692 - Published)   Author: Judge Tobias Hampson
Motion to dismiss; Sufficiency of the evidence; Felonious intent; Conspiracy to commit robbery with a dangerous weapon; Felonious breaking or entering; Claim of right defense
State v. Jones  (18-176 - Published)   Author: Judge Phil Berger Jr.
motion to suppress; traffic stop; passenger
State v. Malachi  (16-752-2 - Published)   Author: Judge Lucy Inman (View Supreme Court Opinion)
Reasonable Suspicion, Armed and Dangerous, Stop and Frisk, Motion to Suppress
Stewart v. Shipley  (18-745 - Published)   Author: Judge Mark Davis
Service of process; estoppel
Unpublished Opinions
5 March 2019  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 25 March 2019 

Columbus Cty. D.S.S. ex rel Moore v. Norton (18-642 - Unpublished)   Author: Judge Chris Dillon
Child custody; civil contempt; arrears; child support; child support guidelines; income; assets; recuse; motion to recuse; recusal; trial judge; impartiality
Dep't of Transp. v. Bloomsbury Est., LLC (18-773 - Unpublished)   Author: Judge John Tyson
NC Condominium Act, NCGS 47C-1-101; DOT condemnation, NCGS 136-108; interlocutory order- substantial right; appellant's burden on appeal; reply brief- NC R. App. P. 28(h); preclusive effect of prior order.
Eisenbrown v. Town of Lake Lure (17-934 - Unpublished)   Author: Judge Richard Dietz
In re: A.G.B. & D.G.B. (18-729 - Unpublished)   Author: Judge Linda McGee
Termination of Parental Rights, N.C.G.S. Sec. 7B-111(a)(4), No merit brief
In re: H.N.H. & H.L.H. (18-365 - Unpublished)   Author: Judge Linda McGee
Termination of parental rights, N.C.G.S. Sec. 7B-1110, Best interests determination, Required findings of fact
In re: I.L. (18-762 - Unpublished)   Author: Judge Hunter Murphy
termination of parental rights; findings
In re: S.H-K.J.L. & W.L.L. (18-772 - Unpublished)   Author: Judge Linda McGee
N.C. Gen. Stt. Sec. 7B-1111(a)(2); Termination of Parental Rights; Reasonable progress; Hearsay
In re: S.S.S. & S.R.S. (18-514 - Unpublished)   Author: Judge Hunter Murphy
In re: V.O. (18-907 - Unpublished)   Author: Judge John Tyson
Involuntary commitment, waiver of counsel, failure to conduct appropriate colloquy, right to confront witnesses.
Painter v. City of Mt. Holly (18-197 - Unpublished)   Author: Judge Hunter Murphy
Public official immunity; qualified immunity; summary judgment; 42 U.S.C. § 1983
State v. Altman (18-544 - Unpublished)   Author: Judge Chris Dillon
Driving while impaired, felony death by vehicle, admissibility of medical records, sufficiency of the evidence, character evidence of a witness, merger of sentences for lesser-included offenses
State v. Bennett (18-606 - Unpublished)   Author: Judge Linda McGee
Corroborative Testimony; Admission of Party-Opponent; Prejudicial Error
State v. Berrier (18-453 - Unpublished)   Author: Judge Allegra Collins
Jury verdict; guilty versus responsible; verdict form; unconstitutional verdicts; sufficiency of judgment
State v. Cooper (18-637 - Unpublished)   Author: Judge Richard Dietz
Satellite-Based Monitoring; Fourth Amendment; Reasonableness; Required Evidence of Effectiveness
State v. Gaskins (18-970 - Unpublished)   Author: Judge Lucy Inman
State v. Gilbert (18-614 - Unpublished)   Author: Judge John Tyson
Embezzlement of a charitable organization by an officer, NCGS 14-92; jury instructions- plain error; motion to dismiss; intent- mens rea; actus reus; opinion testimony; ineffective assistance of counsel.
State v. Gilliam (18-260 - Unpublished)   Author: Judge Wanda Bryant
Prior Record Level; Stipulation; Mitigating Factor; Aggravating Factor; Notice
State v. Guevara (18-582 - Unpublished)   Author: Judge Donna Stroud
expert opinion, aggravating factor
State v. Kesler (18-971 - Unpublished)   Author: Judge Lucy Inman
State v. Maier (18-771 - Unpublished)   Author: Judge John Arrowood
indictments; obtaining property by false pretenses; motion to dismiss
State v. Oglesby (18-277 - Unpublished)   Author: Judge Wanda Bryant
Rule 404(b); Hearsay Rule; Corroborative Evidence; Jury Instruction
State v. Rinehart (18-298 - Unpublished)   Author: Judge Wanda Bryant
Invited Error; Final Closing Argument; Introduce Evidence
State v. Robinson (18-343 - Unpublished)   Author: Judge Robert Hunter Jr.
Search and Seizure; Strip Search; Exigent Circumstances.
State v. Seeman (18-969 - Unpublished)   Author: Judge Lucy Inman
State v. Waycaster (18-247 - Unpublished)   Author: Judge Phil Berger Jr.
motion to dismiss; counterfeit instruments; attorney's fees
State v. Wynn (18-536 - Unpublished)   Author: Judge Donna Stroud
general various and specific motions to dismiss, 404(b) evidence

Filed: 19 February 2019
Mandate: 11 March 2019
Zip File of Published Opinions

Case Title / Description
Bezzek v. Bezzek  (18-761 - Published)   Author: Judge Donna Stroud
interlocutory
Brodkin v. Novant Health, Inc.  (18-805 - Published)   Author: Judge Richard Dietz
Breach of contract; Hospital termination of physician's employment contract; Contractual right to exercise professional judgment; Wrongful discharge and public policy; Defamation and defense of qualified privilege
Denney v. Wardson Constr., Inc.  (18-667 - Published)   Author: Judge Richard Dietz
Interlocutory Appeal; Substantial Right; Res Judicata; Statement of Grounds for Appellate Review
In re: Aaron's Inc.  (18-607 - Published)   Author: Judge Valerie Zachary
rent-to-own; ad valorem taxation; inventory exclusion
In re: George  (18-611 - Published)   Author: Judge Valerie Zachary
non-judicial foreclosure sale; trustee as necessary party; Rule 60(b); notice of foreclosure proceeding; good faith purchaser
In re: J.P.S.  (18-708 - Published)   Author: Judge Valerie Zachary
involuntary commitment; dangerous to self; dangerous to others; reasonable probability of future harm
In re: Est. of Johnson  (18-778 - Published)   Author: Judge John Tyson
Spouse's year's allowance- NCGS 30-15; deficiency in payment; revocation of letters testamentary- NCGS 28-4-1; appeals to superior court; standards of review; de novo hearing; credit against bequest to surviving spouse.
Kennedy v. DeAngelo  (18-603 - Published)   Author: Judge Richard Dietz
Medical malpractice; Rule 9(j); Required fact-finding by trial court; Rule of Evidence 702; Separate specialties in general dentistry, periodontics, and oral surgery
Nanny's Korner Day Care Ctr., Inc. v. NC Dep't of Health & Hum. Servs.  (18-679 - Published)   Author: Judge Robert Hunter Jr.
Statute of limitations; Procedural due process; Claim against State agency, DHHS.
State v. Augustin  (18-373 - Published)   Author: Judge Chris Dillon
Motion to suppress, unlawful search and seizure, reasonable suspicion, companion?s actions, backing away
State v. Conley  (18-305 - Published)   Author: Judge Wanda Bryant
Sentencing; Double Jeopardy; Rule 2; Statutory Interpretation
State v. Corbett  (18-327 - Published)   Author: Judge Mark Davis
Statutory rape; Sexual exploitation of a minor; Lascivious Act; Motion to dismiss
State v. Koke  (18-662 - Published)   Author: Judge John Tyson
Obtaining property by false pretenses; insurance fraud; plain error review; relevancy; limiting instructions; disclosure on application.
State v. Parks  (18-422 - Published)   Author: Judge Hunter Murphy
self-defense instruction; flight instruction
Walker v. K&W Cafeterias  (18-429 - Published)   Author: Judge John Tyson
Workers' Compensation; wrongful death; third-party tortfeasor; subrogation lien; jurisdiction- choice of law; In re Civil Penalty.
Unpublished Opinions
19 February 2019  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 11 March 2019 

Caldwell Mem'l Hosp., Inc. v. NC Dep't of Health & Hum. Servs. (18-586 - Unpublished)   Author: Judge John Arrowood
certificate of need; substantial prejudice
Cannizzaro v. Set in Stone, Inc. (18-594 - Unpublished)   Author: Judge Robert Hunter Jr.
Breach of Contract.
Cheatham v. Town of Taylortown (18-625 - Unpublished)   Author: Judge John Arrowood
subject matter jurisdiction; failure to exhaust administrative remedies
Funderburk v. City of Greensboro, NC (18-632 - Unpublished)   Author: Judge Lucy Inman
SUBJECT MATTER JURISDICTION ADMINISTRATIVE REMEDY QUASI-ESTOPPEL ZONING
Hampton v. NC Dep't of Transp. (18-684 - Unpublished)   Author: Judge John Tyson
Tort Claims Act, negligence; NC Department of Transportation; highway widening; flooding unchallenged findings of fact; proximate cause; duty of care.
In re: A.W. (18-877 - Unpublished)   Author: Judge Hunter Murphy
3.1; no merits brief
In re: D.P., J.P., J.P. (18-857 - Unpublished)   Author: Judge Robert Hunter Jr.
Permanency Planning Order, Neglected and Dependent.
In re: J.E.O. (18-585 - Unpublished)   Author: Judge Robert Hunter Jr.
Willful Abandonment.
In re: K.S. (18-763 - Unpublished)   Author: Judge Linda McGee
Permanent plan; elimination of reunification; N.C. Gen. Stat. Sec. 7B-906.2
In Re: P.R.T. (18-730 - Unpublished)   Author: Judge Hunter Murphy
3.1; neglect; removal; willful abandonment
King v. Pike Elec. (18-440 - Unpublished)   Author: Judge Wanda Bryant
Compromise Settlement Agreement; Enforceable
Nordman v. Nordman (18-405 - Unpublished)   Author: Judge Lucy Inman
Robinson v. GGNSC Holdings, LLC (18-706 - Unpublished)   Author: Judge Chris Dillon
Entry of default, notice, default judgment, medical malpractice, language of the complaint, motion for relief
State v. Brinkley (18-435 - Unpublished)   Author: Judge Tobias Hampson
Motion to Dismiss; Aggravating factor; Aggravated offense; Satellite-based monitoring.
State v. Bryan (18-605 - Unpublished)   Author: Judge Hunter Murphy
probation violation; absconding; notice
State v. Bunkley (18-545 - Unpublished)   Author: Judge Phil Berger Jr.
plea agreements; petition for a writ of certiorari; clerical error
State v. Everett (18-449 - Unpublished)   Author: Judge Richard Dietz
Indecent liberties with a child; Rule 404(b) evidence of prior sexual assault; Plain error; Requirements of similarity and temporal proximity; Summary imposition of satellite-based monitoring without evidence
State v. Foster (18-540 - Unpublished)   Author: Judge Phil Berger Jr.
probable cause; search warrant; confidential informant
State v. Little (18-757 - Unpublished)   Author: Judge Valerie Zachary
larceny from the person; misdemeanor larceny; jury instructions
State v. Logan (18-723 - Unpublished)   Author: Judge Richard Dietz
Limitation on right to appeal after guilty plea; Challenge to factual basis for plea and sufficiency of evidence; Challenge to prior convictions underlying plea to habitual charges; Sentencing in accordance with plea agreement; Challenge to calculation of prior record level; Appellate jurisdiction for MAR
State v. Renderos (18-590 - Unpublished)   Author: Judge John Tyson
Driving while impaired, portable breath test, relevance, prejudice, unpreserved error, waived plain error review.
State v. Robinson (18-661 - Unpublished)   Author: Judge Chris Dillon
possession of a firearm by a felon; habitual felon; possession; constructive possession; actual possession; totality of the circumstances; relevance; relevant evidence; Rule 401; Rule 402; prejudicial; domestic violence protective order; DVPO
State v. Sadler (18-812 - Unpublished)   Author: Judge Phil Berger Jr.
motion to dismiss; driving while impaired; jury instructions
State v. Slade (18-352 - Unpublished)   Author: Judge Lucy Inman
Forfeiture Final judgment date Relief
State v. Ward (18-369 - Unpublished)   Author: Judge Mark Davis
Hearsay; plain error
State v. Wardrett (18-434 - Unpublished)   Author: Judge Valerie Zachary
impartial jury; N.C.R. App. P. 2; expert ballistics testimony; prior conviction under Rule 609(b)
State v. Whitmore (18-798 - Unpublished)   Author: Judge John Arrowood
felony death by vehicle; necessity; duress; prior record level
State v. Woods (18-442 - Unpublished)   Author: Judge Phil Berger Jr.
guilty plea; preservation; Rule 2

Filed: 5 February 2019
Mandate: 25 February 2019
Zip File of Published Opinions

Case Title / Description
The Est. of William Belk v. Boise Cascade Wood Prods., L.L.C.  (18-542 - Published)   Author: Judge Chris Dillon
Workers? compensation, jurisdiction, interlocutory, transformation of 12(b)(6) into summary judgment, lent employee doctrine, no genuine issue of fact
In re: B.M.B.  (18-428 - Published)   Author: Judge Hunter Murphy
juvenile, mootness, dismissed as moot
Jones v. Jones  (18-478 - Published)   Author: Judge John Arrowood
entry of default; specific performance
Lamb v. Styles  (18-350 - Published)   Author: Judge Linda McGee
Professional Negligence; Surveyors; Duty of Care
McLaughlin v. Bailey  (18-665 - Published)   Author: Judge Donna Stroud
60(b)(6), subordinate tribunals may not overrule higher tribunals
Rivera v. Matthews  (18-359 - Published)   Author: Judge Lucy Inman
Abatement; Subject-Matter Jurisdiction; Child Custody; Grandparent Custody/Visitation
Smith v. Rodgers  (18-261 - Published)   Author: Judge Lucy Inman
Equitable distribution Painter Watson Claim
State v. Nixon  (18-787 - Published)   Author: Judge Tobias Hampson
Motion for Appropriate Relief; Bill of Information; Waiver of Indictment; Jurisdiction
State v. Shelton  (17-1426 - Published)   Author: Judge Mark Davis
Motion to dismiss; N.C. Gen. Stat. § 20-138.1(a)(1); N.C. Gen. Stat. § 20-141.4; prescription drugs; driving while impaired; closing argument
State v. Sheridan  (18-312 - Published)   Author: Judge John Tyson
Motion to dismiss, sexual offense in a parental role, parent-child relationship, pro se motion for speedy trial, motion for mistrial, satellite-based monitoring determination.
Unpublished Opinions
5 February 2019  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 25 February 2019 

Banyan GW, LLC v. Wayne Preparatory Acad. Charter Sch., Inc. (18-378 - Unpublished)   Author: Judge Mark Davis
Liquidated damages; illusory contract; unconscionability; condition precedent; charter school
Brunson v. NC Dep't of Justice (18-837 - Unpublished)   Author: Judge Lucy Inman
Industrial Commission; default; subject matter jurisdiction
Brunson v. NC Dep't of Justice (18-656 - Unpublished)   Author: Judge Lucy Inman
Industrial Commission; default judgment; subject matter jurisdiction
Foster v. Wells Fargo Bank, N.A. (18-643 - Unpublished)   Author: Judge Richard Dietz
Appeal from Rule 12(b)(6) dismissal; Appeal from Denial of Rule 60(b)(6) motion; Timeliness of notice of appeal
Hunt v. Collinsworth (18-301 - Unpublished)   Author: Judge Robert Hunter Jr.
Res Judicata; Name Change.
In re: C.S. (18-439 - Unpublished)   Author: Judge Hunter Murphy
juvenile, mootness, dismissed as moot
In re: G.G.K. & C.R.K. (18-640 - Unpublished)   Author: Judge Chris Dillon
Case description: termination; parental rights; willfulness; abandonment; foster care; sex offender; substance abuse
In re: I.C. (18-869 - Unpublished)   Author: Judge Phil Berger Jr.
permanency planning order; notice of appeal
In Re: J.P.N. (18-622 - Unpublished)   Author: Judge Donna Stroud
adjudication of neglect
In re: N.A.C. (18-721 - Unpublished)   Author: Judge Donna Stroud
no-merit brief, termination, parental rights
In re: N.L.C. (18-669 - Unpublished)   Author: Judge Phil Berger Jr.
termination of parental rights; best interest of the child
In Re: S.M. (18-759 - Unpublished)   Author: Judge Chris Dillon
Child custody, verification of each guardian, reunification, competent evidence
Int'l Prop. Dev., LLC v. K Constr. & Roofing, LLC (17-509-2 - Unpublished)   Author: Judge Hunter Murphy
Denial of motion for summary judgment; damages award; claim of lien upon funds; equitable lien; constructive trust
Lloyd v. Bailey (18-666 - Unpublished)   Author: Judge Donna Stroud
Rule 60(b)(6), subordinate tribunals may not overrule higher tribunals
Morgan v. Defeo (18-322 - Unpublished)   Author: Judge Robert Hunter Jr.
Domestic Violence Protective Order.
Sanghrajka v. Fam. Fare, LLC (18-164 - Unpublished)   Author: Judge Phil Berger Jr.
motion to dismiss; contract; continuing wrong doctrine; UDTP claim
State v. Bros. (18-177 - Unpublished)   Author: Judge Richard Dietz
Anders Brief; Clerical Error on Judgment Form; Possession of a Firearm by a Felon
State v. Brown (18-279 - Unpublished)   Author: Judge Lucy Inman
Turner Statute of Limitations Driving while impaired
State v. Clark (18-291 - Unpublished)   Author: Judge Richard Dietz
Superior Court Jurisdiction to Hear Misdemeanor Charges in First Instance; Sufficiency of Record to Establish Subject Matter Jurisdiction of Trial Court; Jurisdictional Defect in Appellate Record Where Presentment Not Included in Record
State v. Clawson (18-57 - Unpublished)   Author: Judge Hunter Murphy
Ineffective Assistance of Counsel
State v. Davis (18-471 - Unpublished)   Author: Judge Lucy Inman
Anders Kinch Written argument
State v. Dotson (18-443 - Unpublished)   Author: Judge Lucy Inman
Anders Kinch Written argument
State v. Forte (17-669-2 - Unpublished)   Author: Judge Robert Hunter Jr.
Sufficiency of Habitual felon indictment.
State v. Fowler (16-947-2 - Unpublished)   Author: Judge Robert Hunter Jr.
Jury Instructions; Expert Testimony.
State v. Johnson (18-556 - Unpublished)   Author: Judge Lucy Inman
speeding to elude arrest; habitual felon; restitution
State v. Kingsberry (18-226 - Unpublished)   Author: Judge Wanda Bryant
Ex Mero Motu; Invited Error; Acting in Concert
State v. Lamberth (18-370 - Unpublished)   Author: Judge Lucy Inman
Indictment Jurisdiction Communicating threats Insufficiency of the evidence
State v. Latham (17-1075 - Unpublished)   Author: Judge Hunter Murphy
Hearsay; Rule 403; Vouching of victim credibility
State v. Lloyd (18-53 - Unpublished)   Author: Judge Hunter Murphy
Sentencing
State v. McKoy (18-564 - Unpublished)   Author: Judge Lucy Inman
DWI; habitual felon; Anders; guilty plea
State v. Morgan (18-575 - Unpublished)   Author: Judge Lucy Inman
Analogue Ethylone Controlled substance Insufficient evidence Continuance
State v. Narron (18-193 - Unpublished)   Author: Judge Phil Berger Jr.
admissibility of evidence; plain error
State v. Otto (18-574 - Unpublished)   Author: Judge Richard Dietz
Ineffective Assistance of Counsel Claim; Untimely Motion to Suppress
State v. Sanders (18-476 - Unpublished)   Author: Judge Lucy Inman
Motion to Dismiss; Sufficiency of the Evidence; Drug Trafficking
State v. Spencer (18-304 - Unpublished)   Author: Judge Chris Dillon
Case description: attempted rape; assault; strangulation; prior bad acts; testimony; evidence; 404(b); character evidence; unduly prejudicial; prejudicial error; 403
State v. Swafford (18-324 - Unpublished)   Author: Judge Phil Berger Jr.
Satellite-based monitoring; Ineffective assistance of counsel
State v. Thompson (18-423 - Unpublished)   Author: Judge Hunter Murphy
Possession of a firearm by a felon; constructive possession; IAC; appeal dismissed
State v. Tyson (18-459 - Unpublished)   Author: Judge Richard Dietz
Civil Judgment for Court-Appointed Counsel Fees; Notice and Opportunity to be Heard; Imposition of Court Costs and Fees; Restitution
State v. White (18-401 - Unpublished)   Author: Judge Lucy Inman
Notice of appeal Civil judgment Jurisdiction
Summit De Corp. v. Kweider Bros. Inc. (18-353 - Unpublished)   Author: Judge Robert Hunter Jr.
Enforcing Mediated Settlement Agreement.
Teague & Glover, P.A. v. Kane & Silverman, P.C. (17-727 - Unpublished)   Author: Judge Phil Berger Jr.
personal jurisdiction; contract; court costs; prejudgment interest
Turnmire v. Eldreth (17-960 - Unpublished)   Author: Judge Phil Berger Jr.
Walz v. Walz (18-240 - Unpublished)   Author: Judge Phil Berger Jr.
custody order; subject matter jurisdiction; UCCJEA
Young v. Bailey (18-664 - Unpublished)   Author: Judge Donna Stroud
Rule 60(b)(6), subordinate tribunals may not overrule higher tribunals

Filed: 15 January 2019
Mandate: 4 February 2019
Zip File of Published Opinions

Case Title / Description
Dill v. Loiseau  (18-361 - Published)   Author: Judge Mark Davis
Declaratory Judgment; Restrictive covenants; General scheme of development; Radical changes to covenanted area; Waiver of right to enforce covenants
In re: E.M.  (18-685 - Published)   Author: Judge Valerie Zachary
juvenile delinquency; mandatory referral to area mental health services director when trial court presented with evidence that juvenile is mentally ill
In re: I.R.L.  (18-427 - Published)   Author: Judge Chris Dillon
Parental rights; termination; domestic violence; DVPO; abandonment; willfulness; child support; notice
Jackson v. Don Johnson Forestry, Inc.  (18-354 - Published)   Author: Judge Chris Dillon
Wills, property rights, life estate, remaindermen, timber rights, trover, indemnity
Marlin Leasing Corp. v. Essa  (18-610 - Published)   Author: Judge Mark Davis
Full Faith and Credit; service of process; default judgment; foreign jurisdiction
State v. Casey  (18-269 - Published)   Author: Judge Chris Dillon
Vouching; Credibility; Invited Error; Ineffective Assistance of Counsel; Motion for Appropriate Relief; Cross-Examination; Sexual Abuse; Expert; Trial Counsel; Appellate Counsel
State v. Gonzalez  (18-228 - Published)   Author: Judge Richard Dietz
Conflicting Court of Appeals Precedent; In re Civil Penalty; Authority of Court of Appeals Panels to Overrule Earlier Panel Decisions
State v. Hinton  (18-530 - Published)   Author: Judge Valerie Zachary
aggravated sentencing; aggravating factor; Blakely v. Washington; harmless error
State v. Juene  (18-526 - Published)   Author: Judge Chris Dillon
Robbery; Robbery with a Dangerous Weapon; Motion to Suppress; Pre-trial Identification; Show-up; Sixth Amendment; Impermissibly Suggestive
State v. Mayo  (18-331 - Published)   Author: Judge Phil Berger Jr.
guilty plea; Anders brief; civil judgment for attorney's fees and costs
State v. Smith  (18-518 - Published)   Author: Judge John Tyson
First-degree capital murder; premeditation and deliberation; felony murder; jury instructions on informant's testimony; acting in concert; Rules of Evidence, 401, 402 and 403.
State v. Wilson  (18-550 - Published)   Author: Judge Valerie Zachary
motion to dismiss; disseminating obscene material to a minor; unanimous jury verdict; indecent liberties; first-degree statutory rape of a child; reconsideration of decision not to testify
Walsh v. Jones  (18-496 - Published)   Author: Judge Donna Stroud
custody modification, visitation
Unpublished Opinions
15 January 2019  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 4 February 2019 

D.A.N. Joint Venture Props. Of NC, LLC v. N.C. Grange Mut. Ins. Co. (18-265 - Unpublished)   Author: Judge Valerie Zachary
Dingeman v. Mission Health Sys., Inc. (18-634 - Unpublished)   Author: Judge Chris Dillon
Industrial Commission; workers compensation; Parsons presumption; compensability; burden of proof
Gray v. NC Dep't of Pub. Safety (18-446 - Unpublished)   Author: Judge Chris Dillon
Sex discrimination; hostile work environment; office of administrative hearings; judicial notice; just cause; subject matter jurisdiction; administrative remedies; ?whole record? test
Hughes v. Drohan (18-399 - Unpublished)   Author: Judge Donna Stroud
child support, change of circumstances, income, expenses
In re: A.H. (18-624 - Unpublished)   Author: Judge Chris Dillon
Parental rights, termination, neglect, willfulness, reasonable progress, visitation, best interest of the child
In re: C.L.R. & Z.N.R. (18-314 - Unpublished)   Author: Judge Donna Stroud
termination of parental rights
In re: N.J.M.G. (18-715 - Unpublished)   Author: Judge Phil Berger Jr.
termination of parental rights; neglected juvenile
In re: S.M.M. (18-561 - Unpublished)   Author: Judge Phil Berger Jr.
termination of parental rights; neglected juvenile
In re: T.O., Jr., K.D-D., T.O. (18-596 - Unpublished)   Author: Judge Donna Stroud
termination of parental rights, no merit brief, Rule 3.1(e)
Rolls v. Just Stumps, Inc. (17-1322 - Unpublished)   Author: Judge Hunter Murphy
Workers' Compensation
State v. Aguilh (18-310 - Unpublished)   Author: Judge Lucy Inman
Preservation; Plain Error; Motions to Suppress; N.C. Gen. Stat § 15A-975(c)
State v. Baker (17-1354 - Unpublished)   Author: Judge Robert Hunter Jr.
Anders
State v. Blue (18-677 - Unpublished)   Author: Judge Valerie Zachary
sufficiency of the evidence; assault upon a law enforcement agency animal; N.C.R. App. P. 2; jury instruction; plain error
State v. Bova (18-413 - Unpublished)   Author: Judge Wanda Bryant
Sentencing; aggravating Factors; Stipulation
State v. Burney (18-455 - Unpublished)   Author: Judge Robert Hunter Jr.
Collateral Attack; IAC; Motion to Dismiss.
State v. Dinkins (18-138 - Unpublished)   Author: Judge Robert Hunter Jr.
Rule 404(b)
State v. Disorda (18-620 - Unpublished)   Author: Judge Chris Dillon
Solicitation by Computer; Appearing at a Location; Entrapment; Motion to Dismiss; Rule 2; Jury Instruction; Confession; Closing Argument; ex mero motu; Clerical Error
State v. Ford (18-535 - Unpublished)   Author: Judge Robert Hunter Jr.
Motion to Dismiss; Preservation; Rule 10.
State v. Gibson (18-454 - Unpublished)   Author: Judge Valerie Zachary
appellate jurisdiction; untimely notice of appeal; writ of certiorari; admission of a videotape as substantive/illustrative evidence; preservation of alleged errors by trial court; imposition of civil judgment for attorney's fees without notice and opportunity to be heard
State v. Gomez (18-144 - Unpublished)   Author: Judge Robert Hunter Jr.
Second Degree Forcible Rape; Penetration.
State v. Hopper (18-558 - Unpublished)   Author: Judge Robert Hunter Jr.
Constructive Possession.
State v. Hughes (18-631 - Unpublished)   Author: Judge Robert Hunter Jr.
Plain Error.
State v. Hugo (18-342 - Unpublished)   Author: Judge Richard Dietz
Burglary; Conspiracy; Sufficiency of Evidence of Intent Element of First Degree Burglary; Right to Appeal from Arrested Judgment
State v. Kawelo (18-316 - Unpublished)   Author: Judge Phil Berger Jr.
plea agreements; N.C. Gen. Stat. § 14-202.5
State v. Mills (18-315 - Unpublished)   Author: Judge Robert Hunter Jr.
Constructive Possession; Exclusive Control.
State v. Mitchell (18-333 - Unpublished)   Author: Judge Richard Dietz
Murder; Conspiracy to Commit Murder; Testimony Regarding Defendant's Silence; Ineffective Assistance of Counsel; Sufficiency of Evidence to Support Multiple Counts of Conspiracy
State v. Mooney (18-368 - Unpublished)   Author: Judge Chris Dillon
Cross-examination; preserved; objection; prior bad acts; plain error; impeachment; ?open the door?
State v. Morales (18-539 - Unpublished)   Author: Judge Phil Berger Jr.
motion to suppress; Miranda warnings; interrogation; voluntary statements
State v. Reynolds (18-445 - Unpublished)   Author: Judge Robert Hunter Jr.
Anders; Remand Instructions.
State v. Richardson (17-1313 - Unpublished)   Author: Judge Robert Hunter Jr.
Use of Threat; Use of Deadly Weapon.
State v. Ryckeley (18-139 - Unpublished)   Author: Judge Robert Hunter Jr.
Possession of a Firearm.
State v. Sinclair (18-293 - Unpublished)   Author: Judge Robert Hunter Jr.
Plain Error; Jury Instructions.
State v. Smith (18-421 - Unpublished)   Author: Judge Chris Dillon
Motion to suppress, fruit of the poisonous tree, inevitable discovery, plain view, motion to dismiss, constructive possession
State v. Terrell (18-237 - Unpublished)   Author: Judge Mark Davis
Motion to suppress; Driving while impaired; Probable cause; De facto arrest; Conflict between oral and written orders of trial court
State v. W. (18-242 - Unpublished)   Author: Judge Lucy Inman
Guilty Plea; Petition for Writ of Certiorari
State v. Waddell (18-219 - Unpublished)   Author: Judge Phil Berger Jr.
State v. Weaver (18-740 - Unpublished)   Author: Judge John Arrowood
SBM; juror communication
Swanson v. Enloe (18-617 - Unpublished)   Author: Judge Wanda Bryant
Rules of Appellate Procedure; Rule 3; Notice of Appeal
Veer Right Mgmt. Grp., Inc. v. Czarnowski Display Serv., Inc. (18-420 - Unpublished)   Author: Judge Robert Hunter Jr.
Complex business case with claims for breach of fiduciary duty, aiding and abetting breach of fiduciary duty, civil conspiracy, tortious interference with employment contract; unfair and deceptive trade practices; and adverse inference.
Welch v. R&M Charlotte LLC (17-649 - Unpublished)   Author: Judge Phil Berger Jr.
contract; contract interpretation

Filed: 2 January 2019
Mandate: 22 January 2019
Zip File of Published Opinions

Case Title / Description
Meinck v. City of Gastonia  (16-892-2 - Published)   Author: Judge John Tyson (View Supreme Court Opinion)
Governmental injury; waiver-insurance; ambiguous terms; summary judgment; general liability policy
NC Farm Bureau Mut. Ins. Co., Inc. v. Cox  (18-225 - Published)   Author: Judge Linda McGee
Liability insurance; Duty to Defend; Proximate Cause; Bodily Injury
Propst Bros. Dists., Inc. v. Shree Kamnath Corp.  (18-519 - Published)   Author: Judge Linda McGee
Restrictive Covenant; Negative Covenant; Affirmative Covenant; Real Property; Deeds; Ambiguity
Unpublished Opinions
2 January 2019  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 22 January 2019 

Bordini v. Donald J. Trump For President, Inc. (18-409 - Unpublished)   Author: Judge Chris Dillon
Vicarious liability, independent contractor, negligent retention, actual and constructive notice, summary judgment