Court of Appeals Opinions
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Filed: 15 September 2020 Mandate: 5 October 2020 Zip File of Published Opinions Case Title / Description | |
| Crosland v. Patrick (19-713 - Published)
Dead Man's Statute; prior to Uniform Premarital Agreement; statute of limitations | |
| Brown v. Between Dandelions, Inc. (19-1074 - Published)
contracts; offer and acceptance; acceptance must conform to offer to be effective; no contract existed where neither acceptance or performance conformed to offer | |
| In re: C.M., K.S., J.S., M.A.S., K.S. (19-966 - Published)
Juvenile Petition, Permanency Planning, Findings of Fact, Statutory Requirements, Visitation | |
| McLean v. Spaulding (20-36 - Published)
Joint tenants with right of survivorship; broker-dealer/investment advisor; joint ownership of securities, NCGS 41-2.2; banking institution, NCGS 41-2.1(e)(2); deposit account, NCGS 41-2.1; motion to dismiss; appellate rule 28-arugment not timely raised. | |
| MetLife Grp., Inc. v. Scholten (20-128 - Published)
inherent authority to compel compliance with court orders; Workplace Violence Prevention Act; civil contempt | |
| NC State Conf. Of The Nat'l Ass'n For The Advancement Of Colored People v. Moore (19-384 - Published)
constitutional amendment, General Assembly, ratify, district, gerrymandering, voter ID, photo ID, minority, majority-minority district, representative, special election, legislature | |
| State v. Gleason (20-80 - Published)
ineffective assistance of counsel; failure to object to lack of notice of aggravating factor; N.C. Gen. Stat. 15A-1340.16 | |
| Unpublished Opinions 15 September 2020 - Rule 30e - Zip File of Unpublished Opinions Mandate: 5 October 2020 | |
| Hubert Constr. & Real Est. Servs., LLC v. Myers (19-753 - Unpublished)
Personal Jurisdiction; Remand for additional Findings of Fact | |
| L. Offices of Matthew K. Rogers, PLLC v. Fisher (19-475 - Unpublished)
motion to dimiss; sufficiency of the evidence; tortious interference with contract; tortious interference with prospective economic advantage; abuse of process | |
| Rothfuss v. Lineberry (19-773 - Unpublished)
attorney fees; custody and child support; good faith; civil contempt resolved by agreement | |
| Saunders v. Hull Prop. Grp., LLC (19-728 - Unpublished)
request for comparative negligence, contributory negligence, trip and fall | |
| Snell v. Snell (19-946 - Unpublished)
Award of attorneys' fees under N.C. Gen. Stat. ? 6-21.5; justiciable issue of law or fact; good faith argument for modification or extension of existing law | |
| State v. Barrow (20-220 - Unpublished)
motion to withdraw guilty plea | |
| State v. Batts (19-1100 - Unpublished)
Attempted first-degree forcible rape, Attempted statutory sexual offense with a child, Testimonial Evidence | |
| State v. Cain (19-1095 - Unpublished)
sale of cocaine; sufficiency of evidence to support submission to jury where amount tendered was less than negotiated | |
| State v. Davis (19-546 - Unpublished)
jury instructions lesser-included offense, murder, manslaughter, prior record level, out-of-state offenses, prejudicial error | |
| State v. Jimmison (19-982 - Unpublished)
Probation revocation; credit for pretrial confinement; sentence completed; moot appeal | |
| State v. McHenry (19-628 - Unpublished)
opinion testimony, Rule 701, legal term of art | |
| State v. Mwangi (19-798 - Unpublished)
Bail bond forfeiture; bound by precedent | |
| State v. O'Dell (20-126 - Unpublished)
sentencing; positive employment history; second degree murder; breaking and entering; domestic relationship; mitigating factors; military discharge | |
| State v. Ownby (19-1139 - Unpublished)
Second Degree Sexual Exploitation of a Minor, Motion to Dismiss, Testimonial Evidence | |
| State v. Reid (19-1113 - Unpublished)
indigent defendant's notice and opportunity to be heard on attorney's fees issue | |
| State v. Rivera (19-592 - Unpublished)
Motion to Continue | |
| State v. Sikorski (19-1098 - Unpublished)
destruction of body-worn camera footage was not in bad faith and did not violate due process | |
| State v. Stokely (19-1111 - Unpublished)
writ of certiorari; special conditions of probation | |
| State v. Suarez (19-1029 - Unpublished)
Prior record level, Sentencing |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 28 PETITIONS AND 175 MOTIONS.
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Filed: 1 September 2020 Mandate: 21 September 2020 Zip File of Published Opinions Case Title / Description | |
| D C Custom Freight, LLC v. Tammy A. Ross & Assocs., Inc. (19-1059 - Published)
Unfair and deceptive trade practices Insurance Misrepresentation Summary Judgment | |
| Halili v. Ramnishta (19-869 - Published)
UCCJEA; Home-State Determination; Inconvenient Forum | |
| Holland v. French (19-498 - Published)
Rule 407; impeachment exception; Rule 401; probative value | |
| In re V.M. (19-1028 - Published)
Neglected Juvenile, Findings of Fact, Conclusions of Law | |
| In re: J.M., D.M., K.M. (19-724 - Published)
waiver of counsel, guardianship, N.C. Gen. Stat. 7b-602(a1), discretion over parent's visitation | |
| Jackson v. Jackson (19-259 - Published)
erroneous order; Rule 60(b) | |
| K2 Asia Ventures v. Krispy Kreme Doughnut Corp. (19-314 - Published)
Contracts, real party in interest. | |
| Sauls v. Barbour (19-1042 - Published)
appurtenant easement; easement by plat; judgment on the pleadings; submission of affidavits did not convert 12(c) to 56 | |
| State v. Crump (19-747 - Published)
motion for mistrial; curative jury instruction; counsel admission of element of the crime charged | |
| State v. Hood (19-736 - Published)
jury selection; Batson challenge | |
| State v. Johnson (19-191-2 - Published)
Diminished capacity; bipolar disorder; jailhouse calls; rebuttal evidence; felony murder; armed robbery; psychological evaluation | |
| State v. Land (19-1060 - Published)
Statutory Right to Counsel; Summary Direct Criminal Contempt; Clerical Error; Sentencing Error | |
| State v. Roulhac (19-1070 - Published)
bail bond forfeiture; final judgment | |
| Unifund CCR Partners v. Hoke (20-87 - Published)
consumer economic protection act, debt buyer, heightened pleading, collection agency | |
| Unpublished Opinions 1 September 2020 - Rule 30e - Zip File of Unpublished Opinions Mandate: 21 September 2020 | |
| First Bank v. Latell (19-868 - Unpublished)
Summary Judgment; Statutes of Limitations; Suretyship; Waiver of Defenses by Agreement | |
| Gamewell Mech, LLC v. Lend Lease (US) Constr., Inc. (19-568 - Unpublished)
Contracts; damages. | |
| Gilbert v. Brandco, Inc. (19-672 - Unpublished)
Compensable injury, equitable estoppel, Parsons presumption, disability. | |
| Hopkins v. Hopkins (19-839 - Unpublished)
Interlocutory Order; Appeal Dismissed | |
| In re: R.H. (20-64 - Unpublished)
Involuntary commitment hearing; petitioner's burden of proof; dangerous to self, NCGS 122C-3(11)(a); near future serious physical debilitation. | |
| Ray v. Ray (19-959 - Unpublished)
Divorce, equitable distribution, alimony, attorney?s fees. | |
| Robinson v. Robinson (20-5 - Unpublished)
Civil Contempt; Purge Provisions | |
| State v. Barbosa (19-1104 - Unpublished)
Bond Forfeiture, motion to amend, motion to set aside forfeiture, N.C. Gen. Stat. § 15A-544.5, abuse of discretion | |
| State v. Baskins (19-371 - Unpublished)
Ineffective assistance; questions of trial strategy; unsuited for direct appellate review | |
| State v. Brown (19-971 - Unpublished)
Probation Revocation | |
| State v. Kim (20-54 - Unpublished)
DWI; probable cause, sufficiency of evidence | |
| State v. Mathes (19-621 - Unpublished)
Search and Seizure; Motion to Suppress; Attorney Fees. | |
| State v. Rogers (19-557 - Unpublished)
misdemeanor larceny; church; pastor; owner; property; fatal variance; insufficient evidence; surplusage; possession; carrying away | |
| The NC State Bar v. Springs (19-1120 - Unpublished)
attorney discipline - conduct prejudicial to administration of justice under Rule 8.4(d); violation of obligation under Rule 3.4(c); first amendment rights of an attorney |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 28 PETITIONS AND 175 MOTIONS.
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Filed: 18 August 2020 Mandate: 8 September 2020 Zip File of Published Opinions Case Title / Description | |
| Doe v. City of Charlotte (19-497 - Published)
Appellate jurisdiction defects; Untimely appeal; Rule 59(e) inapplicable to pre-trial orders; Stand-alone Rule 54(b) certifications not permitted; Inadequate statement of grounds for appellate review; Certiorari; Public official immunity; Sufficient evidence of malice to survive summary judgment | |
| Hendrix v. Town of West Jefferson (19-948 - Published)
Rule 12(b)(6)motion to dismiss; Defamation; Respondeat superior; Ratification | |
| In re: I.K. (19-619 - Published)
Permanency Planning: Due Process Clause and parental rights, NCGS s.s. 7B-905.1, 906.1, 906.2, Visitation orders | |
| In re: J.T.C. (19-252 - Published)
Child custody - termination of parental rights under N.C.G.S. 7B-1111(a) | |
| Jonna v. Yaramada (18-1046 - Published)
child support; child custody; Rule 11 sanctions; Rule 59 motions | |
| McFadyen v. New Hanover Cty. (18-840 - Published)
void ab initio; county director of elections; failure to exhaust administrative and judicial review; N.C.G.S. 163-22(l) | |
| Nay v. Cornerstone Staffing Solutions (19-262 - Published)
average weekly wages; indefinite employment end date; results fair and just | |
| State v. Jenkins (19-944 - Published)
N.C.G.S. 15A-1242; proof of service; notice of appeal | |
| State v. Lemus (19-876 - Published)
Bail bond forfeiture; undocumented immigrant held on federal immigration charges after posting bond; statutory precondition of release from State custody in order to forfeit bail bond | |
| State v. Lindquist (19-368 - Published)
satellite-based monitoring; State v. Grady; remand for additional findings of fact | |
| State v. Palmer (19-970 - Published)
special jury instruction; burden of proof; statutory exception | |
| State v. Tucker (19-715 - Published)
Motion to Dismiss, Domestic Violence Protective Order, Jury Instructions, Plain Error | |
| State v. Wright (19-863 - Published)
Motion to Dismiss, Jury Instructions, Plain Error, Sentencing | |
| The Broad Street Clinic Found. v. Weeks (19-1033 - Published)
Rule 12 motion to dismiss; N.C. Gen. Stat. Chapter 39A; transfer fee covenant; equitable relief | |
| Williams v. N.C. Dep't of Justice, Crim. Standards Div. (19-1031 - Published)
Industrial Commission; negligent interference with a contract; failure to state a claim | |
| Unpublished Opinions 18 August 2020 - Rule 30e - Zip File of Unpublished Opinions Mandate: 8 September 2020 | |
| Harrington v. Harrington (19-961 - Unpublished)
Rule 60 motion; jurisdiction | |
| in re A. M. (19-965 - Unpublished)
neglect and dependency; caretaker versus custodian; right to appeal; denial of visitation; required statutory findings. | |
| In re K.K>, K.K., A.K. (19-630 - Unpublished)
Statutory requirements for stipulations in adjudications of abuse, neglect, or dependency | |
| State v. Franklin (19-873 - Unpublished)
motion to suppress; reasonable suspicion; traffic stop | |
| State v. Helms (19-955 - Unpublished)
Rape; kidnapping; plain error; occasional references to victim by prosecutor and witnesses during trial; sufficiency of evidence of separate restraint; reasonableness of satellite-based monitoring | |
| State v. Lamm-Smith (19-1041 - Unpublished)
revocation hearing, worthless check, restitution payment, misdemeanor larceny, suspended sentence, right to speak, sentencing hearing | |
| State v. McNeill (19-1081 - Unpublished)
jury instructions; plain error | |
| State v. Roberson (19-905 - Unpublished)
Anders review, PWC, motion to suppress | |
| State v. Sweet (19-857 - Unpublished)
relevant evidence; vouching for credibility of a child | |
| State v. Treadway (20-22 - Unpublished)
First-degree kidnapping; Sufficiency of the Evidence; Closing Argument | |
| State v. Whitaker (18-1220 - Unpublished)
plain error; postal interdiction; search of a package; invocation of right to counsel; jury instructions |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 28 PETITIONS AND 175 MOTIONS.
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Filed: 4 August 2020 Mandate: 24 August 2020 Zip File of Published Opinions Case Title / Description | |
| Harter v. Eggleston (19-493 - Published)
custody; inconvenient forum; N.C. Gen. Stat. 50A-207; verified motion | |
| In re: E.P-L.M. (19-803 - Published)
Abuse, Neglect, Dependency; Civil Custody; Ability to Pay for Visitation | |
| Leonard v. Bell (19-742 - Published)
Medical Records, Rule 9(j), expert review | |
| Shearon Farms Townhome Owners Ass'n II, Inc. v. Shearon Farms Dev., LLC (18-1308 - Published)
Interlocutory appeal; inconsistent verdict doctrine; justiciability; standing of homeowners' association; associational standing | |
| State v. Morrison (19-1150 - Published)
discharging a weapon into an occupied vehicle, semi-automatic weapon, automatic weapon, lay witness testimony, sufficiency of the evidence, motion to dismiss | |
| State v. Vorndran (19-889 - Published)
Jurisdiction; Sex-Offender Registry. | |
| State v. Wohlers (19-244 - Published)
Felony child abuse by sexual act; definition of sexual act; N.C. Gen. Stat. § 14-318.4(a2); N.C.G.S. § 14-27.20(4); vouching for witness; clerical error; calculating maximum sentence under N.C.G.S. § 15A-1340.17(c) | |
| Tsonev v. McAir, Inc. (19-674 - Published)
Contracts; Statute of Repose; Statute of Limitation; Directed Verdict. | |
| Unpublished Opinions 4 August 2020 - Rule 30e - Zip File of Unpublished Opinions Mandate: 24 August 2020 | |
| Day v. Travelers Ins. Co. (19-705 - Unpublished)
workers' compensation; occupational disease | |
| In re ALEM, ACM (19-1086 - Unpublished)
Neglected Juvenile; Adjudication; Visitation; Disposition. | |
| In Re: L.N.H. (19-1020 - Unpublished)
juvenile abuse, neglect, dependency; judicial notice of medical records; hearsay by witnesses | |
| In the Matter of JR, CR, DR (19-845 - Unpublished)
Neglect; dependency; lack of findings; domestic violence protective order; lack of service; variances in rendition and final order entered; mediated family settlement agreement. | |
| State v. Charles (18-945-2 - Unpublished)
public vehicular area; PVA; subdivision; N.C.G.S. 20-4.01(32) | |
| State v. Clark (19-446 - Unpublished)
N.C.R. App. P. 10(a)(3) preservation, constructive possession of controlled substances, keeping or maintaining a dwelling for controlled substances, residency, proof of keeping or maintaining temporary occupancy | |
| State v. Echols (19-1118 - Unpublished)
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| State v. French (19-997 - Unpublished)
aquittal-first jury instruction; juror competency | |
| State v. Givens (19-40 - Unpublished)
Post release supervision, Motion to suppress, Preservation, Rule 401 | |
| State v. Johnson (19-625 - Unpublished)
negligent child abuse inflicting serious bodily injury; sufficiency of the evidence; EHAC aggravating factor | |
| State v. Lavandier (19-954 - Unpublished)
sovereign citizen; preservation; admission of evidence | |
| State v. Manley (19-921 - Unpublished)
Oral rendering of sentence matching written judgment; error in restitution; error in civil judgment for attorneys' fees | |
| State v. McLaughlin (19-779 - Unpublished)
Jury Instructions; Ambiguous; Restitution; Dissolved Corporation. | |
| Wilkins v. Buckner (19-567 - Unpublished)
NCGS 97-2(5); average weekly wage; methods of computation of average weekly of computation of average weekly wage; Methods 3 and 5. |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 28 PETITIONS AND 175 MOTIONS.
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Filed: 21 July 2020 Mandate: 10 August 2020 Zip File of Published Opinions Case Title / Description | |
| Daly v. Kelly (19-532 - Published)
modification of child custody; motion to quash; offer of proof; sealing records | |
| Hidalgo v. Erosion Control Servs., Inc. (19-756 - Published)
Woodson Claim; Summary Judgment | |
| In re: K.W. & J.W. (19-943 - Published)
Visitation Abuse, neglect, dependency Disposition testimony | |
| In re: Meetze (19-1097 - Published)
Spousal allowance; Rule 60; Abandonment | |
| In re: S.M.L. & E.R.M.L. (19-476 - Published)
Adjudication, Disposition, Neglect | |
| Judd v. Tilghman Med. Assocs., LLC (19-581 - Published)
Entry of default, Rule 55; good cause; default judgment; motion to set aside, Rule 60; required findings; excusable neglect | |
| Sherrill v. Sherrill (20-106 - Published)
Attorney fees - N.C. Gen. Stat. § 50-13.6; calculation of income | |
| Smith v. Smith (19-807 - Published)
summary judgment; estate administration; attorney-in-fact; fiduciary duties | |
| State v. Campbell (18-998-2 - Published)
sufficiency of evidence for appellate review - motion to dismiss appeal; racial discrimination in use of peremptory challenges in jury selection - prima facie claim - Batson v Kentucky | |
| State v. Patterson (19-662 - Published)
Forfeiture of counsel; legal standard for egregious misconduct that obstructs or delays the proceeding | |
| Unpublished Opinions 21 July 2020 - Rule 30e - Zip File of Unpublished Opinions Mandate: 10 August 2020 | |
| Cahn v. Shavender's Bluff Cmty. Ass'n, Inc. (19-1046 - Unpublished)
easement, settlement, property, encroachment, motion for contempt | |
| Cousin v. Cousin (19-566 - Unpublished)
equitable distribution; marital property; separate property; classic car valuation; lay opinion testimony; competent evidence; distribution of real property | |
| Dacat, Inc. v. Jones Legacy Transp., LLC (19-588 - Unpublished)
Instrumentality Rule; piercing corporate veil; breach of contract | |
| Fairley v. NC Dep't of Transp. (19-784 - Unpublished)
motion to dismiss appeal; appellate rule violations; N.C.R. App. P. 25(b) and 34; N.C.R. App P.3; time for filing notice of appeal; N.C.R. App. 26; N.C.R. App P. 26(g); N.C.R. App P. 28(a) and (b); N.C.R. App P.2 | |
| In re A.N.R., K.T.R., J.D.C., T.S.C. (19-1040 - Unpublished)
hearsay, juvenile, confrontation clause, abuse, neglect | |
| In re D.A.T, P.A.P. (19-717 - Unpublished)
Child custody - neglect under N.C. Gen. Stat. 7B-101(15); constitutionally protected status as parent; verification of legal significance of guardianship; N.C. Gen. Stat. § 7B-906.1(d)(3) | |
| In re LKG (19-1134 - Unpublished)
Neglect; Findings of Fact | |
| In Re: D.K.L. (19-1114 - Unpublished)
Indian Child Welfare Act, Child Custody, Statutory Compliance | |
| In re: Clark (19-1119 - Unpublished)
disbarment; petition for reinstatement; appellate jurisdiction; abuse of discretion; whole record review; lack of remorse and reform | |
| In re: KM and KM (19-871 - Unpublished)
Neglected juvenile; dependent juvenile; permanency planning; reunification; guardianship; visitation. | |
| State v. Beal (19-469-2 - Unpublished)
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| State v. Bennett (19-1122 - Unpublished)
robbery with dangerous weapon, footage, video, lay opinion, lay witness, officer, prejudice, misdemeanor larceny, lesser charge, due process, lesser included offense | |
| State v. Colyn (19-778 - Unpublished)
obtaining property by false pretenses; restitution | |
| State v. Gray (19-1061 - Unpublished)
jury instructions; NC Constitution Art. I § 24; habitual felon conviction; proof of prior convictions; ACIS printouts | |
| State v. Millsaps (19-902 - Unpublished)
Trafficking in heroin by possession; trafficking in heroin by transportation lesser-included offense. | |
| State v. Ray (19-51 - Unpublished)
Failure to register change of address; Registered address; invited error; ineffective assistance of counsel | |
| State v. Re (19-1088 - Unpublished)
ineffective assistance of counsel claim; IAC; immigration and deportation consequences of plea; motion for appropriate relief; MAR | |
| State v. Robinson (19-750 - Unpublished)
Anders brief; sentencing | |
| State v. Sanders (19-659 - Unpublished)
Witness Testimony, Corroboration, Attorney's Fees, Civil Judgment. | |
| State v. Springle (17-652-2 - Unpublished)
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| State v. Wilson (19-862 - Unpublished)
probation revocation; absconding | |
| Toussaint v. King (19-851 - Unpublished)
civil contempt; child custody; purge |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 28 PETITIONS AND 175 MOTIONS.
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Filed: 7 July 2020 Mandate: 27 July 2020 Zip File of Published Opinions Case Title / Description | |
| Bartley v. City of High Point (19-1127 - Published)
Public official immunity ? malice; unnecessary or excessive force; intent to injure | |
| Carolina Mulching Co, L.L.C. v. Raleigh Wilmington Investors II, L.L.C. (20-47 - Published)
breach of contract; sufficiency of findings; effect of reversal of trial court judgment in civil case on remand | |
| Dunn v. Covington (18-1177 - Published)
child custody; grandparent v. natural parent; Petersen presumption; unfitness; conduct inconsistent with constitutionally-protected status; clear and convincing evidence; competent evidence | |
| George v. Lowe's Cos., Inc. (19-958 - Published)
n.c. gen. stat. 1-75.4 long-arm statute; n.c. gen. stat. 1-21 borrowing provision; statute of limitations | |
| In re: M.H. (19-1132 - Published)
dependency adjudication; necessity of findings related to suitable alternative care arrangement to support dependence adjudication; identification of alternative care arrangement by parent before child was born undermined dependence adjudication; findings that parent had unstable housing and lacked employment did not support dependence adjudication | |
| Lambert v. Town of Sylva (19-727 - Published)
Jury Instructions; Municipal Liability Under 42 U.S.C. Section 1983; No Prejudicial Error | |
| Nobel v. Foxmoor Grp., LLC (19-506 - Published)
sealed instrument; promissory note; business activity; UDTPA | |
| Price v. Biggs (19-914 - Published)
Civil Contempt, NCGS s.s. 5A-21, 23; Child support; Due process re opportunity to be heard, US. Const. Amends. V, XIV, N.C. Const. art. I, s. 19 | |
| Sparrow v. Fort Mill Holdings, LLC (19-1026 - Published)
Uniform Enforcement of Foreign Judgments Act; Full faith and credit; Anti-deficiency statute; Public-policy exception to enforcement of a foreign judgment; Intrinsic fraud | |
| State v. Cruz (19-495 - Published)
accessory after the fact; obstruction of justice; jury instructions | |
| State v. Duncan (19-884 - Published)
Motion to Suppress; Reasonable suspicion; Terry frisk; Attenuation doctrine | |
| State v. Lee (19-950 - Published)
Miranda waiver; knowing and voluntary confession; promise or inducement in exchange for confession | |
| State v. McMillan (19-794 - Published)
Deviation from Pattern Jury Instruction; Jury Instruction on Actual and Constructive Possession; Subject-Matter Jurisdiction to Correct Judgment After Notice of Appeal. | |
| State v. Womble (19-68 - Published)
Witness testimony, victim, ineffective assistance of counsel; sexual assault,credibility. | |
| State v. Young-Kirkpatrick (19-1138 - Published)
common law robbery; substantial evidence of continuous transaction supported denial of motion to dismiss; admission of Rule 404(b) evidence was harmless, if error; inadequate notice and opportunity to be heard on award of attorney's fees | |
| Stitz v. Smith (19-739 - Published)
non-probate assets; motion to dismiss; lack of subject matter jurisdiction; failure to state a claim; conversion; unjust enrichment; constructive trust; statute of limitations; undue influence; interference with inheritance; potential economic advantage; breach of fiduciary duty; constructive fraud | |
| Stowe v. Stowe (19-733 - Published)
Equitable distribution; intangible goodwill; reasonably approximate value of business; qualification of expert witness; tax implications of equitable distribution; distribution of assets | |
| Unpublished Opinions 7 July 2020 - Rule 30e - Zip File of Unpublished Opinions Mandate: 27 July 2020 | |
| Aquino v. Chavis (19-907 - Unpublished)
Modification of child custody; substantial change in circumstances; nexus between change in circumstances and welfare of child; sufficiency of findings of fact | |
| Dow-Rein v. Sarle (19-911 - Unpublished)
Rule 12(b)(2) motion to dismiss for lack of personal jurisdiction; competing affidavits; trial court must resolve jurisdictional fact disputes based on evidence in affidavits and jurisdictional discovery; cannot rely on unverified allegations in complaint if disputed by affidavits | |
| Foy v. Kite (19-404 - Unpublished)
Child Support; Retroactive Child Support; Income. | |
| In re A.V.I. (19-528 - Unpublished)
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| In re J.J. & K.J. (19-875 - Unpublished)
neglect, abuse, juvenile, sibling, burn, self-harm, custody, visitation, adjudication, medical attention | |
| In re J.R. (19-987 - Unpublished)
Guardianship;Findings of Fact | |
| In re K.E.D. (19-605 - Unpublished)
permanency planning order, neglect, visitation, custody, case plan, substance abuse, domestic violence, writ of certiorari, juvenile, progress, unfit, substantial change in circumstances | |
| In re Q.H., M.H., A.H., A.H. (19-972 - Unpublished)
neglect adjudication; sufficiency of findings to support neglect adjudication; findings supported by clear and convincing evidence and findings supported neglect adjudication; no abuse of discretion in disposition order | |
| In Re: H.A.G., S.L.G., E.G.G. (19-942 - Unpublished)
abuse, neglect, and dependency; hearsay; prejudice | |
| In re: Bezanson (20-105 - Unpublished)
Concealed carry permit, Mental illness, Constitutionality, Evidence | |
| In re: E.J.R. (19-783 - Unpublished)
Adjudication; Dependency; Disposition | |
| In re: E.M.G. and K.S.G. (19-849 - Unpublished)
neglect; custody; juvenile petitions; physical, mental, or emotional impairment; kinship placements | |
| Israel v. Israel (19-1032 - Unpublished)
child support, bad faith, underemployment, imputed income, income calculation | |
| McDowell v. Buchman (19-945 - Unpublished)
child custody, UCCJEA, pending proceedings, absconding | |
| OM Shankar Corp. v. Sai Developers, Inc. (19-599 - Unpublished)
default judgment, sum certain, Rule 37, sanctions | |
| Routten v. Routten (19-1075 - Unpublished)
Mootness Custody | |
| State v. Hunt (19-855 - Unpublished)
Assault on law enforcement officer inflicting serious injury; simple assault; corroborative statements; cross examination and limiting instructions; Rule 801; knowledge versus willfully. | |
| State v. Jenkins (19-723 - Unpublished)
sentencing; prior record level; substantial similarity analysis | |
| State v. Land (19-665 - Unpublished)
prior record level; prior record level worksheet; sentencing points; resentencing | |
| State v. Luck (19-1167 - Unpublished)
Probation Revocation, Good Cause | |
| State v. Renfrew (19-901 - Unpublished)
Embezzlement, Corporate malfeasance, Jurisdiction, Evidence, Variance in indictment | |
| State v. Savage (19-980 - Unpublished)
Assault with a deadly weapon inflicting serious injury; plain error; use of pattern jury instructions; failure to instruct jury that assault charge requires victim to be alive | |
| State v. Wallace (19-923 - Unpublished)
Assault with a deadly weapon inflicting serious injury; denial of request for self-defense instruction; motion to dismiss; sufficiency of evidence of serious injury; potential clerical error on judgment form | |
| Williams v. Enter. Holdings, Inc. (19-730 - Unpublished)
Rule 12(b)(6) dismissal; timeliness of notice of appeal; waiver; statutory authority of retired emergency district court judge; compliance with local court rules |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 28 PETITIONS AND 175 MOTIONS.
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Filed: 16 June 2020 Mandate: 6 July 2020 Zip File of Published Opinions Case Title / Description | |
| Connette v. The Charlotte-Mecklenburg Hosp. Auth. (19-354 - Published)
Medical malpractice; nurses; nurse specializations; use of illustrative exhibit; jury instructions | |
| In re: A.B. (19-422 - Published)
clear and convincing evidence supports finding of fact and conclusion of law that juvenile is an abused juvenile; | |
| In re: A.N.T. (19-690 - Published)
Placement of juvenile; preference for relative; guardianship; parental rights; visitation; changed circumstances. | |
| In re: K.L. & J.A. II (19-800 - Published)
abuse and neglect adjudications; sufficiency of findings to support adjudications of abuse and neglect; absence of evidence supporting inference of probable abuse precluded adjudication of abuse; insufficient findings to support adjudication of neglect | |
| In re: M.M. (19-870 - Published)
adjudication of abuse and neglect of juvenile; civil deposition request; admissibility of expert testimony | |
| Monroe v. Rex Hosp., Inc. (20-27 - Published)
Medical Malpractice, Summary Judgment | |
| State v. Cobb (19-496 - Published)
Drug Field Test Results; Habitual Felon Enhancement; Waiver to challenge guilty plea | |
| State v. English (19-518 - Published)
substantial evidence of first-degree kidnapping; intent to terrorize; assault; conflicting testimony | |
| State v. Gore (19-608 - Published)
motion to suppress - unreasonable search and seizure; historical cell-site location information; N.C. Gen. Stat. § 15A-262 and 15A-263; court order supported by probable cause | |
| State v. Hamer (19-473 - Published)
waiver of jury trial; N.C. Gen. Stat. 15A-1201 | |
| State v. Hutchens (19-787 - Published)
Satellite-based monitoring Reasonable search Special Purpose Recidivism | |
| State v. Johnson (19-191 - Published)
Diminished capacity; bipolar disorder; jailhouse calls; rebuttal evidence; felony murder; armed robbery; psychological evaluation | |
| State v. Smith (19-790 - Published)
Grounds for setting aside bond forfeiture; Failure to make material findings of fact; Appellate review of written order. | |
| State v. Williamson (19-692 - Published)
robbery with a dangerous weapon; fatal variance argument not preserved for appellate review; evidence of dangerousness required to support submission of robbery with a dangerous weapon charge to jury; evidence that gun was inoperable or non-deadly insufficient on its own to establish dangerousness of gun; absence of evidence of dangerousness of inoperable or non-deadly gun required dismissal of robbery with a dangerous weapon charge; improper judicial comment on the evidence; prejudice showing not met by judicial comment on the evidence; no record of required habitual felon colloquy required remand for habitual felon colloquy or proof of habitual felon status | |
| Unpublished Opinions 16 June 2020 - Rule 30e - Zip File of Unpublished Opinions Mandate: 6 July 2020 | |
| Caymus Constr. Co., Inc. v. Janowiak (19-890 - Unpublished)
Breach of contract; defamation; trespass; error preservation rule for challenges to jury instructions; motion to dismiss at trial treated as motion for directed verdict; directed verdict on trespass to real property claim; costs award limited by statute | |
| In re NS (19-711 - Unpublished)
permanency planning order; ceasing reunification efforts; guardianship verification | |
| In the Matter of T.R.B. III (19-764 - Unpublished)
Visitation, Neglect | |
| State v. Brown (19-452 - Unpublished)
N.C.G.S. § 15A-1343(b)(3a); Probation Violation; Absconding; Willfulness | |
| State v. Buchanan (19-919 - Unpublished)
habitual felon status, obtaining property by false pretense, writ of certiorari, re-sentencing, mandate, vacate | |
| State v. Chavis (19-1101 - Unpublished)
N.C. Gen. Stat. § 14-34.1(b), discharging firearm into occupied dwelling; motion to dismiss, substantial evidence | |
| State v. Dickens (19-722 - Unpublished)
Second degree murder; driving while impaired; admission of prior DWI convictions to prove intent; jury instructions; double jeopardy | |
| State v. Geter (19-846 - Unpublished)
probation revocation | |
| State v. Grantham (19-903 - Unpublished)
Review of closing argument where no objection made at trial. | |
| State v. Hardin (19-920 - Unpublished)
section 15A?1343.2(d)(1), sentencing, remand | |
| State v. House (19-539 - Unpublished)
Anders Brief; write of certiorari; DWI; probation. | |
| State v. Mitchell (20-39 - Unpublished)
motion to suppress; unchallenged factual findings are binding on appeal; findings supported denial of motion to suppress absent challenged findings; challenged findings presumed to be supported by competent evidence where record on appeal did not include evidence supporting or undermining them | |
| State v. Shackleford (19-771 - Unpublished)
Petition for writ of certiorari; motion to dismiss; Alford plea; Anders brief. | |
| State v. Swindell (19-527 - Unpublished)
Submitting lesser-included offenses of trafficking in heroin to the jury; Plain error | |
| State v. Tucker (18-1295-2 - Unpublished)
Satellite-based monitoring; State's burden to show reasonableness under Fourth Amendment | |
| State v. White (19-1017 - Unpublished)
Witness Testimony; Plain Error; Electronic Monitoring Device. | |
| State v. Wyatt (19-990 - Unpublished)
4th Amendment; denial of motion to suppress; specific basis justifying search; reasonable steps taken during search to protect privacy | |
| The Mountain Club Ass'n, Inc. v. The Mountain Club at Cashiers, LLC (19-379 - Unpublished)
common element, planned community act, appurtenant easement, summary judgment |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 28 PETITIONS AND 175 MOTIONS.
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Filed: 2 June 2020 Mandate: 22 June 2020 Zip File of Published Opinions Case Title / Description | |
| Gary v. Wigley (19-998 - Published)
Negligence; notice of hearing; motion in limine; summary judgment; 10-day notice | |
| In re: Harris Teeter, LLC (19-927 - Published)
NCGS 105-283 true value, ad valorem property tax valuation, depreciation; NCGS 105-290(d2), NCGS 84-2.1, practice of law, scrivener?s exception to practice of law | |
| Keller v. Deerfield Episcopal Ret. Cmty., Inc. (19-633 - Published)
summary judgment; ratification; negligent supervision and retention; expert testimony | |
| Mucha v. Wagner (18-1133 - Published)
Personal jurisdiction; due process; minimum contacts; telephone calls to the forum state | |
| Richter v. Richter (19-442 - Published)
Equitable Distribution; Life Insurance Proceeds; Marital and Separate Properties | |
| Simmons v. Wiles (19-786 - Published)
Battery, Motion for Directed Verdict, Motion to Dismiss, Motion for Judgment Notwithstanding the Verdict, Motion for New Trial, Punitive Damages, Jury Instruction | |
| Sound Rivers, Inc. v. NC Dep't of Envtl. Quality (18-712 - Published)
Wastewater; Swamp Waters; Biological Integrity Standard; Water Quality | |
| State v. Anthony (19-894 - Published)
Carrying a concealed weapon; possession of a firearm by a felon; possession of weapon on educational property; habitual felon; motion to suppress; failure to preserve; failure to move to strike testimony; ineffective assistance of counsel. | |
| State v. Campbell (19-865 - Published)
evidence of possession methamphetamine | |
| State v. Canady (20-19 - Published)
Sentencing - N.C. Gen. Stat. ? 90-95(a)-(b); conviction for sale or delivery of cocaine | |
| State v. High (19-1170 - Published)
plea bargains; recission of plea bargain based on incorrect prior record level determination | |
| State v. Stubbs (19-454 - Published)
caretaker of elder adult; domestic setting; caretaker neglect; failure to provide care | |
| State v. Weldy (19-761 - Published)
insufficient evidence that vehicle was kept or maintained under N.C. Gen. Stat. 90-108(a)(7); insufficient evidence of keeping or selling controlled substances under N.C. Gen. Stat. 90-108(a)(7); | |
| Unpublished Opinions 2 June 2020 - Rule 30e - Zip File of Unpublished Opinions Mandate: 22 June 2020 | |
| Devine v. Devine (19-913 - Unpublished)
alimony, calculation of income, alimony, child support, attorney's fees | |
| Gaines-Perkins v. McGlynn Restoration, LLC (19-821 - Unpublished)
Directed verdict; trespass to personal property; negligence | |
| In Re J.A.T. & M.J.T. (19-635 - Unpublished)
juvenile adjudicated dependent and neglected; out-of-state placement; Interstate Compact on the Placement of Children; visitation denied; health and safety of child | |
| Marlow v. N. Hosp. Dist. of Surry Cty. (19-214 - Unpublished)
negligence, premises liability, legal duty, intentional criminal acts of third persons, foreseeability | |
| State v. Asbury (19-470 - Unpublished)
Anders; denial of motion for post-conviction DNA testing | |
| State v. Bullock (19-485 - Unpublished)
Anders Review, Prejudicial Error. | |
| State v. Byrd (18-1256 - Unpublished)
Motion to dismiss; felonious common law obstruction of justice. | |
| State v. Gagum (19-83 - Unpublished)
Habitual impaired driving; denial of motion to continue to obtain private counsel; right to attorney of choice | |
| State v. Gutierrez (19-755 - Unpublished)
Hit and run; Sixth Amendment right to counsel: invocation, spontaneous statement, deliberate elicitation; N.C.R. Evid. 403; Sixth Amendment Confrontation Clause; Jury Instruction on Flight | |
| State v. Jackson (18-1122 - Unpublished)
rape shield statute, rule 403, closing argument, SBM | |
| State v. Judd (19-829 - Unpublished)
Anders; failure to report new address as sex offender; guilty plea; defects in notice of appeal; validity of indictment; ineffective assistance of counsel | |
| State v. Kearney (19-585 - Unpublished)
Pretrial confinement credit; Motion to Dismiss; Motion to Suppress | |
| State v. Lail (19-596 - Unpublished)
Anders; no prejudicial error; jail credit | |
| State v. McClure (19-1080 - Unpublished)
possession of a firearm by a felon; habitual felon; failure to object; scope of cross-examination; abuse of discretion. | |
| State v. Owens (19-1008 - Unpublished)
Joinder, 404(b), Motion to Dismiss, Motion to suppress | |
| State v. Perdue (19-480 - Unpublished)
Criminal judgment; court costs; civil judgment; attorneys' fees; attorney-appointment fee; notice. | |
| State v. Silver (19-209 - Unpublished)
Discharging a weapon into occupied dwelling; assault with a deadly weapon inflicting serious injury; alleged violation of N.C. Gen. Stat. 15A-1222 by trial court expression of opinion on testimony | |
| State v. Spinks (19-937 - Unpublished)
use of the term victim not per se error, much less plain error | |
| State v. Taylor (19-21 - Unpublished)
restitution, sufficient evidence, restitution worksheet | |
| State v. Wilder (19-569 - Unpublished)
Possession of heroin; probation violation; contempt; petition for writ of certiorari; Anders brief. |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 28 PETITIONS AND 175 MOTIONS.
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Filed: 19 May 2020 Mandate: 8 June 2020 Zip File of Published Opinions Case Title / Description | |
| Hamdan v. Freitekh (19-929 - Published)
UCCJEA; subject-matter jurisdiction | |
| Kidd Constr. Grp., LLC v. Greenville Utils. Comm'n (19-910 - Published)
local government; utility regulation; prospective use charges for water and sewer services in excess of statutory authority | |
| Lippard v. Holleman (18-873 - Published)
Ecclesiastical Entanglement Doctrine; Defamation; First Amendment | |
| Poovey v. Vista NC Ltd. P'ship (19-302 - Published)
amending declaration; developer; reasonableness; summary judgment | |
| State v. Galloway (19-610 - Published)
Procedural mechanism to build record for challenge to calculation of jail credit | |
| State v. Gantt (19-995 - Published)
probation revocation, notice, absconding | |
| State v. Grappo (19-734 - Published)
jury instruction; statutory violation; prejudicial error | |
| State v. Hauser (19-313 - Published)
Obtaining Property by False Pretenses; Motion for Mistrial; Clerical Error; Limiting Instruction | |
| State v. Hilton (19-226 - Published)
satellite-based monitoring; SBM; unreasonable search; post-release supervision; de novo; aggravated offense; sexual offense; recidivist; constitutional; as applied; facial challenge; sex crimes; expectation of privacy; Fourth Amendment; reasonableness of a search; warrantless search; totality of the circumstances; sex offenders; ; State supervision; privacy interests; intrusion of privacy interests; legitimate governmental interests; absconding violations; post-release supervision; callback hearing; general warrant | |
| State v. Lynch (19-358 - Published)
life without parole; first-degree murder; robbery with a dangerous weapon; assault with a deadly weapon with the intent to kill inflicting serious injury; involuntary confession; extrajudicial confession; induced hope or fear; totality of the circumstances; question of law; threats; promises; de novo; incriminating statements; Fifth Amendment; voluntariness of a confession; leniency; lesser sentence; constitutional error; harmless beyond a reasonable doubt; accomplice; prejudicial error review | |
| State v. Oldroyd (19-595 - Published)
fatally defective indictment; attempted armed robbery; repudiating a plea agreement | |
| State v. Perkinson (19-900 - Published)
Contempt Judgment | |
| State v. Russell (19-848 - Published)
consent to assault, AISBI, jury instructions | |
| State v. Sasek (19-770 - Published)
Expert testimony, reliable principles and methods, plain error, controlled substances, probation revocation, timeliness of revocation hearing | |
| State v. Sasek (19-769 - Published)
Expert testimony, reliable principles and methods, plain error, controlled substances, probation revocation, timeliness of revocation hearing | |
| Vaitovas v. City of Greenville (19-732 - Published)
Facial constitutional challenge to red-light traffic camera law; interlocutory appeal; judgment not final as to all parties | |
| Unpublished Opinions 19 May 2020 - Rule 30e - Zip File of Unpublished Opinions Mandate: 8 June 2020 | |
| Brim v. Harris Teeter (19-1044 - Unpublished)
Workplace Injury, Industrial Commission | |
| Brunson v. Off. Of The Magis. For The 12th Jud'l Dist. (19-216 - Unpublished)
subject matter jurisdiction of North Carolina Industrial Commission | |
| In re B.G.M. (19-768 - Unpublished)
Juvenile neglect adjudication and disposition; ambiguity in dispositional order; failure to address reunification efforts with respect to respondent-father | |
| In re: B.W.B. (19-924 - Unpublished)
Distribution of food with foreign object, juvenile, plain error | |
| In re: Davis (19-1056 - Unpublished)
Power of Sale; Non-Judicial Foreclosure; Deed of Trust; Evidentiary Burden | |
| In re: H.B. (19-624 - Unpublished)
Juvenile delinquency; sexual battery; sufficient evidence of force; statutory duty of trial court to advise juvenile of right against self-incrimination | |
| Nguyen v. Heller (19-648 - Unpublished)
child custody; reunification therapy; findings of fact | |
| Risen v. Risen (19-342 - Unpublished)
child custody, contempt | |
| Sorgi v. Wilkins (19-916 - Unpublished)
family law; equitable distribution, alimony, and attorney's fees; sufficiency of findings to support alimony award; sufficiency of findings to support attorney's fee award | |
| Spring Lake Farm, LLC v. Spring Lake Farm Homeowners Ass'n, Inc. (19-892 - Unpublished)
Declaratory judgment - real property rights; real covenants; contract interpretation; N.C.G.S. 47-F-1-103 | |
| State v. Baker (19-1039 - Unpublished)
hearsay, best evidence rule, Allen charge, plain error, felony possession of stolen goods | |
| State v. Byers (18-863 - Unpublished)
N.C.G.S. 15A-1214, jury selection, reopen voir dire | |
| State v. Chamberlain (19-565 - Unpublished)
First-degree forcible rape; first-degree forcible sexual offense; sufficiency of evidence of threat to use dangerous weapon; victim's reasonable belief defendant threatened her with deadly weapon; admission of 404(b) evidence of prior sexual assaults; challenge to closing arguments | |
| State v. Clayton (19-401 - Unpublished)
Murder; motion to suppress cell phone records; failure to preserve suppression argument by objection at trial; ineffective assistance of counsel claim not suited for review on direct appeal | |
| State v. Douglas (19-320 - Unpublished)
constructive possession; indicia of dominion and control; exclusive possession of premises | |
| State v. Green (19-531 - Unpublished)
Sentencing Factors, Prior Record Level, Prejudice | |
| State v. Harrison (19-818 - Unpublished)
robbery with dangerous weapon, possession of firearm by felon, robbery, electronic monitoring, ankle monitor, text messages, ping, plain error, lay testimony, parole officer | |
| State v. Hartgrove (19-647 - Unpublished)
404(b)evidence; Limiting instruction. | |
| State v. Jackson (19-832 - Unpublished)
Possession of methamphetamine; challenge to admission of officer's lay opinion testimony that drugs in defendant's possession | |
| State v. Johnson (19-840 - Unpublished)
Assault by strangulation; assault inflicting serious bodily injury; entry of judgment on both charges; evidence of two distinct assaults separated by period of time; defendant's consent to trial strategy involving admission of guilt; Harbison inquiry; ineffective assistance of counsel claim not suited for review on direct appeal; admission of DVPO; plain error | |
| State v. Keller (19-538 - Unpublished)
Capacity hearing, due process, statutory right, indictment, felony child abuse, serious bodily injury. | |
| State v. King (19-1084 - Unpublished)
civil judgment awarding attorney's fees; opportunity to be heard; request for continuance; denial of motion to withdraw | |
| State v. Lewis, Jr. (19-994 - Unpublished)
Jury unanimity; statutory rape | |
| State v. McGregor (19-1010 - Unpublished)
authentication of real evidence, alteration, chain of custody, materially unchanged, larceny by removal of an anti-theft device | |
| State v. McLean (19-904 - Unpublished)
Parole Eligibility; Ripeness; Eighth Amendment | |
| State v. Sanders (19-268 - Unpublished)
first-degree murder, robbery with dangerous weapon, conspiracy, , co-conspirator, perjury, plea agreement, due process, plain error | |
| State v. Seagle (19-670 - Unpublished)
Larceny; possession of stolen motor vehicle; sufficiency of evidence of ownership and intent to permanently deprive; habitual felon indictment valid; instruction on lesser-included offense of unauthorized use of motor vehicle not required | |
| State v. Watson (18-1254 - Unpublished)
motion to suppress, motion to dismiss, waiver, preservation, Rule 10(a)(1), N.C.G.S. 15a-1368.6, hearsay, explaining subsequent actions, constitutional challenge waived, plain error | |
| Watauga Cty. Dep't of Soc. Servs. v. Dillard (19-825 - Unpublished)
Rule 60 motion; Rule 59 motion; family law; child support; retroactive child support; child?s expenses; gross annual income; abuse of discretion; substantial deference; North Carolina Child Support Guidelines; disparity of incomes; retroactive expenses |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 28 PETITIONS AND 175 MOTIONS.
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Filed: 5 May 2020 Mandate: 26 May 2020 Zip File of Published Opinions Case Title / Description | |
| Best v. Staton (19-638 - Published)
equitable distribution, subject matter jurisdiction, separation, property value, marital property, tax value, competent evidence, retirement plan, valuation | |
| In re: J.M. (19-421 - Published)
Fitness as parent Reunification waiver of review hearings | |
| In re: N.N.B. (19-261 - Published)
TPR | |
| In Re: Wash. Cty. Sheriff's Off. (18-653 - Published)
Anticipatory Judgment; Giglio disclosures | |
| Lauziere v. Stanley Martin Cmtys., LLC (18-982 - Published)
Dismiss with prejudice; Lee v. Roses factors; North Carolina Industrial Commission; abuse of discretion | |
| NC Farm Bureau Mut. Ins. Co., Inc. v. Lunsford (19-458 - Published)
insurance coverage; underinsured motorist insurance; stacking of underinsured motorist policies where policies are issued in different states and accident occurs in third state | |
| Padilla v. Whitley de Padilla (19-478 - Published)
child custody; visitation rights; mental health; order for modification; primary physical custody; parental rights; substantial evidence; de novo; substantial and material change; minor children; beneficial circumstances; adverse circumstances; positive change; best interest of the child; children?s welfare; abuse of discretion. | |
| Quackenbush v. Groat (19-415 - Published)
motion to dismiss; Chapter 50B | |
| Register v. Wrightsville Health Holdings, LLC (19-977 - Published)
arbitration and alternative dispute resolution; existence of a contract creating an enforceable right to arbitration; waiver of the right to arbitration | |
| State of NC v. Shkut (19-601 - Published)
Mootness; public importance exception; motion for sanctions; proper grounds for sanctions | |
| State v. Blagg (18-1117 - Published)
PWISD, Motion to Dismiss | |
| State v. Burgess (19-685 - Published)
mistrial, Rule of Evidence 601(b), Intoxicated witness | |
| State v. Lane (19-877 - Published)
motion for appropriate relief - ineffective assistance of counsel test and plain error standard; frivolous claims | |
| State v. Prince (19-338 - Published)
Assault with a deadly weapon with intent to kill inflicting serious injury, assault by strangulation, single course of conduct, sentencing | |
| State v. Ray (19-700 - Published)
search and seizure; motion to suppress; fees | |
| State v. Reaves-Smith (19-932 - Published)
North Carolina Eyewitness Identification Reform Act, Show-ups | |
| State v. Ricks (19-836 - Published)
closing arguments; improper remarks during summation; Fifth Amendment right to remain silent; prosecutor's fallacy; satellite based monitoring; hearing and showing required to impose satellite based monitoring | |
| State v. Rucker (19-418 - Published)
Abscond, willful, avoid supervision, whereabouts unknown, clerical error, probation revocation. | |
| Unpublished Opinions 5 May 2020 - Rule 30e - Zip File of Unpublished Opinions Mandate: 26 May 2020 | |
| Hill v. Kennedy (19-171 - Unpublished)
stepfather custody in error when father not unfit | |
| In re: A.G.B. (19-298 - Unpublished)
permanency planning order, juvenile, neglect, guardian ad litem, Department of Social Services, witness, custody, guardian | |
| In re: Foster (19-1034 - Unpublished)
Appeal of order allowing foreclosure dismissed as moot; NCGS 45-21.29A | |
| In re: Whitaker (19-1002 - Unpublished)
Utilities Commission; jurisdiction; Americans with Disabilities Act; NC Persons with Disabilities Act; findings of fact | |
| Lequire v. Se. Constr. & Equip. Co., Inc. (19-603-2 - Unpublished)
Worker's Compensation | |
| Mejia v. Mejia (19-438 - Unpublished)
Separation agreement; Setting aside agreement; Duress; Child custody; Child support | |
| Privette v. NC State Bd. of Dental Exam'rs (19-1048 - Unpublished)
professional licensing and North Carolina Administrative Procedure Act; revocation of license to practice dentistry; fraud, deceit, and misrepresentation and standard of care issues | |
| Scroggs v. Tractors On The Creek, LLC (19-828 - Unpublished)
motion to set aside default judgment; failure to attack default judgment at trial precludes review on appeal | |
| Smith v. Smith (19-1049 - Unpublished)
attorney's fees incurred in child support claim; insufficient means to defray legal expenses; good faith of interested party; refusal to pay adequate child support; insufficient findings to support award of attorney's fees | |
| Spencer v. Aughtry (19-956 - Unpublished)
trespass/encroachment; boundary dispute; implied dedication of road right-of-way to public; deeds void for vagueness of description | |
| State v. Bernicki (19-649 - Unpublished)
first-degree murder; competency; incapacity; abuse of discretion; jury selection; capacity; malingering; jury charge; reading of instructions; clerk; ex mero motu; nonprejudicial; failure to intervene | |
| State v. Bynum (19-933 - Unpublished)
Waiver of Counsel, Forfeiture of Counsel | |
| State v. Diop (19-200 - Unpublished)
first-degree murder; second-degree murder; insufficient evidence; premeditation; deliberation; motion to dismiss; substantial evidence; legal provocation; direct evidence; circumstantial evidence; grossly excessive force; headlock; malice; express hatred; inherently dangerous act; failure to instruct jury; involuntary manslaughter; preservation; Rule 10; custodial statement; pretrial motion | |
| State v. Faulk (19-693 - Unpublished)
Robbery with a dangerous weapon; Denial of motion to dismiss; Sufficiency of evidence of use of dangerous weapon; Guilty plea to habitual felon status; Required statutory colloquy under N.C. Gen. Stat. § 15A-1022 | |
| State v. Green (19-272 - Unpublished)
Jury instructions; actual possession; constructive possession | |
| State v. Greene (19-688 - Unpublished)
Drug-trafficking; search and seizure; confidential informant; motion to suppress; reasonable suspicion; probable cause; factors of reliability; search warrant; warrant exception; automobile exception | |
| State v. Higginbotham (19-989 - Unpublished)
motion to suppress - probable cause; DWI; N.C.G.S. § 20-138.1 | |
| State v. Holt (19-477 - Unpublished)
Obtaining property by false pretenses; Jury instruction; Plain error. | |
| State v. McClure (19-562 - Unpublished)
ineffective assistance of counsel, necessary defense, voluntary intoxication | |
| State v. McCullen (19-319 - Unpublished)
Jury instructions; first degree murder by torture; involuntary manslaughter | |
| State v. McLymore (19-428 - Unpublished)
Self-Defense, Rule 404(b) | |
| State v. Moore (19-417 - Unpublished)
pre-trial waiver of right to counsel, N.C.G.S. 15A-1242, range of permissible punishment | |
| State v. Murray (19-516 - Unpublished)
Waiver, failure to object, plain error review. | |
| State v. Pitts (19-362 - Unpublished)
motion to suppress; reasonable suspicion; investigatory stop | |
| State v. Rivera (19-426 - Unpublished)
Sex offense; Rule 403; Abuse of discretion standard; Exclusion of evidence victim also reported abuse by another individual | |
| State v. Silver (19-978 - Unpublished)
failure to preserve objection to denial of motion to suppress evidence; failure to specifically argue plain error on appeal | |
| State v. Taylor (19-893 - Unpublished)
Jury Instruction Guilty Knowledge Plain Error | |
| State v. Williams (19-188 - Unpublished)
Drug offenses; Identification of controlled substance; Correction of typographical mistake in indictment | |
| State v. Willis (18-507 - Unpublished)
SBM, Fourth Amendment Search, Grady III | |
| State v. Zachary (19-915 - Unpublished)
restitution evidentary support; NCGS 15A-1340.36 | |
| Walker v. Surles (19-880 - Unpublished)
Child Support, Motion for Contempt, Show Cause, Lack of Jurisdiction | |
| Williams v. Williams (19-484 - Unpublished)
Alimony, Income Withholding, Jurisdiction |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 28 PETITIONS AND 175 MOTIONS.
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Filed: 21 April 2020 Mandate: 11 May 2020 Zip File of Published Opinions Case Title / Description | |
| Gay v. Saber Healthcare Grp., L.L.C. (19-964 - Published)
Interpretation of contracts: ambiguity, arbitration clause versus conflicting clauses | |
| In re: C.N. & A.N. (18-1031-2 - Published)
Termination of parental rights; remand from Supreme Court; neglect; reasonable progress; findings do not support conclusions | |
| In re: Worley (19-345 - Published)
last will and testament; holographic will; testamentary intent; devisavit vel non; caveat; power of attorney; probate | |
| Kleoudis v. Kleoudis (19-145 - Published)
Child Support | |
| Robinson v. Halifax Reg'l Med. Ctr. (18-1300 - Published)
respondeat superior; Rule 9(j); negligence; wrongful death; res ipsa loquitur; corporate negligence; personal injury; hospital; medical malpractice | |
| State v. Alexander (19-202 - Published)
DNA evidence; DNA testing; fingerprints; post-conviction motion; materiality; murder | |
| State v. Chadwick (19-271 - Published)
Special Probation Condition; Drug Treatment Program; Reasonably Related to Rehabilitation | |
| State v. Coleman (19-844 - Published)
Petition for writ of certiorari; motion to amend; trafficking in opium; lesser-included instruction ex mero motu; plain error; appellate rule 10(a); mixture establishes total weight of controlled substance. | |
| State v. Diaz-Tomas (19-777 - Published)
Certiorari, Abuse of Discretion, Mandamus, Judicial Notice | |
| State v. Lebeau (19-872 - Published)
clerical errors in judgment; trial court's jurisdiction to enter amended judgment to correct error after appeal noticed; defendant's right to be present during sentencing; right to be present not deprived where amended judgment corrected mere clerical error | |
| State v. Lindsey (19-974 - Published)
Sixth Amendment right to counsel; waiver of the right to counsel | |
| State v. Money (19-1043 - Published)
sufficiency of evidence to submit operating motor vehicle while displaying expired registration plate charge to jury; unpreserved challenge to jury instruction on operating motor vehicle while displaying expired registration plate was waived; sentence imposed for operating motor vehicle while displaying expired registration plate was not legally authorized | |
| State v. Stallings (19-636 - Published)
superseding indictment; guilty knowledge | |
| State v. Yarborough (19-752 - Published)
Lay witness; evidence of malice; self defense; jury instruction | |
| Sullivan v. Woody (19-514 - Published)
Intervenors, grandparents, child custody, attorneys' fees | |
| Unpublished Opinions 21 April 2020 - Rule 30e - Zip File of Unpublished Opinions Mandate: 11 May 2020 | |
| Barrington v. Dyer (19-640 - Unpublished)
non-jurisdictional appellate rule violation amounting to substantial failure or gross violation; dismissal for failure to comply with Rule 9(a) of North Carolina Rules of Appellate Procedure | |
| In re: O.L. (19-626 - Unpublished)
mentally ill, dangerous to others, involuntary commitment, prima facie presumption, right to confrontation, statutory mandate, hearsay, sua sponte | |
| Martin v. The Landfall Council of Ass'ns, Inc. (19-883 - Unpublished)
real property; homeowner's associations; restrictive covenants; fines and injunctive relief for failure to conform to restrictive covenants | |
| State v. Chambers (19-984 - Unpublished)
Jury instructions, assault on a law enforcement officer | |
| State v. Cuevas (19-766 - Unpublished)
Termination of Registration Requirements. | |
| State v. Cummings (19-864 - Unpublished)
Petition for A Writ of Certiorari; Sentencing Errors; Conceded Error | |
| State v. Fore (19-765 - Unpublished)
Termination of Registration Requirements. | |
| State v. Gaither (19-922 - Unpublished)
Breaking and entering with intent to terrorize or injure; first-degree kidnapping; attempted first-degree forcible rape; restraint inherent in other crime. | |
| State v. Hargett (19-718 - Unpublished)
photographs, prejudice, homicide | |
| State v. Hayner (19-397 - Unpublished)
elder abuse; involuntary manslaughter; motion to dismiss; expert testimony; invited error | |
| State v. Hicks (19-645 - Unpublished)
Probation revocation; Jail credit | |
| State v. Johnson (19-767 - Unpublished)
Termination of Registration Requirements. | |
| State v. Johnson (19-757 - Unpublished)
habitual felon status, assault with a deadly weapon with intent to kill, prior record level | |
| State v. Johnson (19-529 - Unpublished)
Equal Protection Clause of Fourteenth Amendment; Article I, Section 19 of NC Constitution; selective enforcement of law based on race; burden shifts to State to show evidence is admissible after prima facie showing of selective enforcement; absence of showing of prejudice precluded success on ineffective assistance of counsel claim | |
| State v. Jones (19-759 - Unpublished)
NCGS 15A-1242; dismissal of appeal and denial of PWC. | |
| State v. McCoy (19-99 - Unpublished)
Re-sentencing, thorough inquiry, pro se. | |
| State v. Rice (19-788 - Unpublished)
Motion for post-conviction testing; N.C. Gen. Stat. Section 15A-269. | |
| State v. Stokes (19-684 - Unpublished)
Motion to dismiss; attempted robbery with a dangerous weapon; aiding and abetting; possession of a firearm by a felon; prior record level; motion for appropriate relief. | |
| Woodard v. NC Dep't of Transp. (19-816 - Unpublished)
Tort Claims Act; Subject-matter jurisdiction; Defamation; Negligent infliction of emotional distress. |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 28 PETITIONS AND 175 MOTIONS.
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|
Filed: 7 April 2020 Mandate: 27 April 2020 Zip File of Published Opinions Case Title / Description | |
| Bauman v. Pasquotank Cty. ABC Bd. (19-613 - Published)
Adverse Possession Under Color of Title; Trusts; Judgment on the Pleadings | |
| Booth v. Hackney Acquisition Co. (19-602 - Published)
The NC Insurance Guaranty Association; Bar date; Statute of Repose | |
| Curlee v. Johnson (19-701 - Published)
Keep dangerous animal, dog bite, summary judgment for defendant, shifted burden to plaintiff, prior knowledge of owner, precautions taken. | |
| Graham v. Jones (19-511 - Published)
permanent custody order; custody order awarding visitation to grandparents affected a substantial right of parent; trial court erred when it engaged in a best interest of the child analysis after granting full physical and legal custody, care, and control of minor child to parent; trial court erred when it granted grandparents visitation with minor child when parent was not found to be unfit and had not acted inconsistently with her constitutionally-protected status as a parent; | |
| Hardy v. Hardy (19-441 - Published)
Civil/criminal contempt; Appellate jurisdiction | |
| McGuine v. Nat'l Copier Logistics, LLC (19-735 - Published)
worker's compensation; implied contract of employment; right to control employee; joint employment | |
| McSwain v. Indus. Com. Sales & Serv., LLC (19-740 - Published)
workers' compensation; arising out of; in the course of; slip and fall; laundry; Industrial Commission; traveling employee; writ of certiorari; abuse of discretion; Workers' Compensation Act; increased risk; personal errand; exclusion of evidence; prejudice; cross-appeal; causal link; scope of employment | |
| Schwarz v. St. Jude Med., Inc. (19-395 - Published)
Wrongful discharge based on public policy of reporting adultery; libel claims against co-workers; tortious interference with contract; summary judgment procedure | |
| State v. Blankenship (19-678 - Published)
Indecent liberties, multiple victims, factual basis for guilty plea, Satellite Based Monitoring, certiorari, preserved errors, assistance of counsel, civil judgment. | |
| State v. Brown (19-403 - Published)
Second degree murder; trial court refusal to instruct on self-defense; reasonableness in the mind of a person of ordinary firmness | |
| State v. Chavez (19-400 - Published)
attorney's failure to move to dismiss charge of conspiracy to commit murder was not prejudicial because there was sufficient evidence to support the charge; testimonial evidence was not hearsay and thus the trial court did not err in allowing the testimony into evidence; plain error in delivery of jury instruction on charge of conspiracy to commit murder when the indictment, evidence, and jury instruction were not in accord | |
| State v. Dudley (19-780 - Published)
discovery compliance; no sanctions; sufficient evidence of maintaining a vehicle to keep or sell controlled substances | |
| State v. Dudley (19-542 - Published)
Criminal procedure; notice of appeal from district court to superior court; statutory interpretation; meaning of compliance with the judgment | |
| State v. Foreman (19-738 - Published)
assault with a deadly weapon inflicting serious injury, Harrison inquiry, ineffective assistance of counsel | |
| State v. Koiyan (19-951 - Published)
Rule 702; expert testimony; expert opinion; latent fingerprint analysis; | |
| State v. Shuler (19-967 - Published)
Trafficking in methamphetamine; right to silence; comment on defendant's silence; affirmative defense of duress; prior notice to State; State's case in chief. | |
| Unifund CCR Partners v. Loggins (19-957 - Published)
renewal of default judgment; sum certain; void judgment | |
| Valentine v. Solosko (19-852 - Published)
service of process; trial court discretion to extend time for service; dormant summons; alias or pluries summons | |
| Unpublished Opinions 7 April 2020 - Rule 30e - Zip File of Unpublished Opinions Mandate: 27 April 2020 | |
| Boyd v. Taylor (19-392 - Unpublished)
Confidential or Fiduciary Relationship; Constructive Trust; Summary Judgment. | |
| Cobb v. Day (19-805 - Unpublished)
Undue influence, Trusts and estates | |
| Columbus Cty. DSS v. Norton (18-1198 - Unpublished)
Civil contempt; modification of child support; gatekeeping order; stay pending appeal; lack of jurisdiction to rule on issues embraced in pending appeal | |
| Dunhill Holdings, LLC v. Lindberg (18-1112 - Unpublished)
motion to dismiss, judicial efficiency, mootness, discovery order, interlocutory appeal | |
| Eco Terra Prods., Inc. v. Daystar Holdings, LLC (19-623 - Unpublished)
Motion to Dismiss, Personal Jurisdiction, Proper Forum, Convenient Forum | |
| Finn v. Finn (19-520 - Unpublished)
Alimony; ability to pay; consideration of bonus income in determining ability to pay; appeal after remand in prior appeal; mandate rule | |
| Hoag v. Cty. of Pitt (19-826 - Unpublished)
Rezoning Special Damages | |
| Hutcherson v. Cannon (19-199 - Unpublished)
Summary judgment, burden of proof, material fact | |
| In re H.V., O.A., N.L. (19-353 - Unpublished)
Adjudication of neglect and dependency; sufficiency of findings of fact; Fifth Amendment right against self-incrimination; right to assistance of counsel; residual exception to hearsay rule; error preservation | |
| In re: Harper (19-808 - Unpublished)
Rule violations; Rule 9; Rule 11; Motion to Dismiss | |
| In re: M.J.D. (19-1005 - Unpublished)
Juvenile Adjudication | |
| In re: Purswani (19-263 - Unpublished)
Appellate jurisdiction; Motion to disqualify counsel; Settlement of decedent's estate. | |
| Isenhour v. Frame (19-654 - Unpublished)
Interlocutory appeal, substantial right, trust, real property, motion for sanctions, PWC | |
| Logue v. Logue (19-831 - Unpublished)
Business valuation, equitable distribution | |
| Martin v. WakeMed (19-213 - Unpublished)
Workers' Compensation, findings of fact, conclusions of law, Parsons presumption. | |
| Nichols v. Admin. Off. of the Courts (19-1011 - Unpublished)
Tort claims act - motion to dismiss under Rule 12(b)(6); judicial immunity; gatekeeping order | |
| Sciara v. Edwards (19-854 - Unpublished)
Judgment on the Pleadings, Protective Covenants, Amendments and Variances, Revocation | |
| State v. Boone (19-560 - Unpublished)
Evidence, Jury Instruction, Lesser-Included Offense | |
| State v. Boykin (19-806 - Unpublished)
illustrative evidence; introduction of mug-shot photos not error, much less plain error; ineffective assistance of counsel; required showing of prejudice not met on IAC claim; required notice and opportunity to be heard on issue of attorney's fees not provided | |
| State v. Brown (19-499 - Unpublished)
First-degree murder, murder of an unborn child, motion to sever, prejudicial admission of evidence, jury instructions, motion to dismiss for insufficient evidence | |
| State v. Burton (19-246 - Unpublished)
Second-degree rape; second-degree sexual offense; motion to dismiss; evidence of physical or constructive force | |
| State v. Cabral (19-835 - Unpublished)
Sentencing, Prejudicial Error | |
| State v. Cottrell (19-981 - Unpublished)
Revocation of probation - absconding from supervision; right to confrontation | |
| State v. Council (19-363 - Unpublished)
Jury instructions; Prejudice | |
| State v. Henry (19-704 - Unpublished)
driving while impaired, substantial evidence, appreciable impairment, preservation requirement, plain error | |
| State v. House (19-702 - Unpublished)
Rule 401; no plain error in admitting irrelevant evidence; sex offender registration statutes were not void for vagueness; closing argument; general deterrence; specific deterrence | |
| State v. Lanier (19-658 - Unpublished)
sexual offense with a child victim impact testimony | |
| State v. Laudermilt (19-703 - Unpublished)
Prior bad acts Writ of certiorari Grossly improper | |
| State v. Potter (19-898 - Unpublished)
Restitution | |
| State v. Sprinkle-Surratt (19-775 - Unpublished)
Motion to Suppress, Motion to Dismiss, Freedom of Travel, Equal Protection, Valid Programmatic Purpose | |
| State v. Thomas (19-570 - Unpublished)
indecent liberties, statutory sex offense, specific intent, voluntary intoxication, failure to testify, right to remain silent | |
| State v. Williams (19-540 - Unpublished)
PWC, civil judgment for attorney fees | |
| Wiggins v. Wells Fargo Bank, N.A. (19-940 - Unpublished)
Arbitration Interlocutory Appeal Attorney's Fees | |
| Yow v. Henry (19-817 - Unpublished)
Child custody, change of circumstances |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 28 PETITIONS AND 175 MOTIONS.
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|
Filed: 17 March 2020 Mandate: 6 April 2020 Zip File of Published Opinions Case Title / Description | |
| Berke v. Fid. Brokerage Servs. (19-641 - Published)
motions for directed verdict and for judgment notwithstanding the verdict under Rule 50 of North Carolina Rules of Civil Procedure; sufficiency of evidence for submission to jury where no evidence was presented during trial that anyone other than named beneficiary of retirement accounts was beneficiary of accounts | |
| Buchanan v. NC Farm Bureau Mut. Ins. Co., Inc. (19-887 - Published)
Cancellation of insurance policy; breach of contract; unfair and deceptive trade practices; motion in limine; appraisal as condition precedent; directed verdict following denial of summary judgment; exclusion of expert witness; NCGS 58-63-15; grounds for appellate review; sanctions. | |
| Harper v. Vohra Wound Physicians of NY (18-355 - Published)
Judgment Notwithstanding the Verdict, Calculation of Damages, Amended Counterclaim | |
| In re: K.R.G. (19-424 - Published)
ICWA, ICWA Notification, Remand | |
| In re: A.K.G. (18-1222 - Published)
Justiciability; Exceptions to Mootness; Collateral Consequences; Public Interest; Capable of Repetition Yet Evading Review | |
| In re: B.S. (19-789 - Published)
sufficient findings of fact to support the conclusion of dangerous to self; entry of a commitment period which exceeded the statutory maximum was impermissible | |
| In re: N.U. (19-652 - Published)
insufficient evidence to support findings of fact; findings of fact failed to support the conclusion that respondent was dangerous to self | |
| State v. Cash (19-460 - Published)
motion to set aside bond forfeiture; unauthorized practice of law within meaning of Section 84-5; sanctions reversed. | |
| State v. Crompton (19-504 - Published)
Probation, willful absconding | |
| State v. Dew (19-737 - Published)
AWDWISI, charge conference, motion to dismiss, deadly weapon | |
| State v. Gordon (17-1077-2 - Published)
satellite-based monitoring; sex offender; Fourth Amendment; remanded for reconsideration in light of State v. Grady | |
| State v. Graham (17-1362 - Published)
Hearsay vs Corroborative evidence: N.C.R. Evid. 801; N.C.R. Evidence 602 - personal knowledge; jury instruction re: defendant's flight; sentencing N.C.G.S. § 15A-1340.14(e) - prior record calculation: substantially similar, N.C.G.S. § 14-27.25(a), satellite-based monitoring N.C.G.S § 14-208.40A; Motion for appropriate relief - material conflict | |
| State v. Nova (19-462 - Published)
Jury Request for Transcript of Witness Testimony During Deliberations; Statutory Requirement that Trial Court Exercise Discretion; Prejudicial Error | |
| State v. Taylor (18-810 - Published)
true threat, first amendment, anti-threat statute, ncgs 14-16.7, unprotected speech, jury instructions motion to dismiss, independent appellate review | |
| State v. Wiles (19-381 - Published)
reasonable suspicion; traffic stop; N.C.R. Evid. 403; horizontal gaze nystagmus testing | |
| Taube v. Hooper (19-827 - Published)
defamation per se; NCR Civ P 12(b)(6) dismissal | |
| Topping v. Meyers (19-618 - Published)
Defamation and libel; defamation as negligence; absolute privilege; immunity from suit; motion to dismiss; quasi-judicial. | |
| Tuel v. Tuel (19-691 - Published)
child custody order re: relocation of children w/parent to another state - factors & adequacy of findings; NCGS 50 13.2(a); best interest of child | |
| Unpublished Opinions 17 March 2020 - Rule 30e - Zip File of Unpublished Opinions Mandate: 6 April 2020 | |
| 4000 Piedmont Parkway Assocs., LLC v. E.wood Constr. Co., Inc. (19-669 - Unpublished)
Lease agreement; summary judgment; summary ejectment; Motion for Continuance; Rule 56(f); tenant; landlord; option clause; commercial real estate; contract; expiration of lease; typo; time is of the essence | |
| Cheek v. Dancy (19-622 - Unpublished)
adverse possession; motion to dismiss | |
| Hamrick v. Gaston Cty. DSS (19-17 - Unpublished)
Interlocutory appeal; substantial right. | |
| In Re C.A.B. (19-179 - Unpublished)
termination of parental rights, willful abandonment, meaningful appellate review | |
| In re C.B., B.B. (19-279 - Unpublished)
termination of parental rights, methamphetamines, Department of Social Services, neglected, dependent, juvenile, custody, permanency planning hearing, no-merit brief | |
| In re C.R.R. and M.N.H. (19-156 - Unpublished)
TPR; neglect under NCGS 7B-1111 | |
| In Re J.C., L.N.B., Q.J.C., Z.N.W. (19-150 - Unpublished)
Neglect; neglected juveniles; dispositional order; custody; DSS; sexual abuse; improper care; improper supervision; substance abuse; dependent juveniles; non-secure custody; adjudicatory hearing; reunification; supervised visitation; no visitation; clear and convincing evidence; guardian ad litem; de novo; specific findings; assault; victim; rape; completed offense; consent; genitals; unsubstantiated claims; competent evidence; credibility of witnesses; unsupervised contact; relinquishment of parental rights; parental rights; recantation; sexual intercourse; penetration; forensic interviews; reasonable inferences; mental impairment; physical impairment; substantial risk of impairment; suspected abuse; abuse of discretion; preservation; appellate review; best interests; statutory rape; indecent liberties; denial of visitation | |
| In re N.J.E. and J.D.E. (19-34 - Unpublished)
Termination of Parental Rights; Neglect. | |
| In re S.R. (19-459 - Unpublished)
Abused juvenile; Ceasing reunification efforts | |
| In re: B.H. (19-411 - Unpublished)
dangerous to himself, involuntary commitment, inpatient commitment, manic, physical debilitation, sua sponte, statutory mandate | |
| In re: D.S. (19-322 - Unpublished)
NCR App P 3.1; NCGS 7B-903(a1), 7B-906.1; guardianship award to other then relative | |
| In re: J.C., J.C., J.C., J.C., J.C., J.C. (19-396 - Unpublished)
Permanency Planning; Right to Appeal; Visitation; Findings of Fact; Conclusions of Law; Best Interest. | |
| In re: X.A.R. (19-584 - Unpublished)
cessation of reunification; guardianship as sole permanent plan; NCGS 7B-906.2 | |
| In the Matter of P.N.K. (19-208 - Unpublished)
Termination of Parental Rights, Father, Paternity, Financial Support or Consistent Care. | |
| State v. Clark (19-634 - Unpublished)
| |
| State v. Dixon (19-609 - Unpublished)
relevant evidence and admissible evidence of prior bad act under Rule 404(b); no abuse of discretion in denying motion for mistrial | |
| State v. Fields (19-822 - Unpublished)
PWC denial; NCGS 158-1544?; review of guilty plea and terms re: knowing and voluntary/benefit of bargain; forfeiture of counsel by firing series of attorneys | |
| State v. Finley (19-494 - Unpublished)
Robbery with a dangerous weapon, Jail phone call, limiting instruction, plain error | |
| State v. Hairston (19-650 - Unpublished)
Possession of a Firearm by a Felon, Motion to Suppress | |
| State v. Hughes (19-50 - Unpublished)
sex offender, satellite-based monitoring, jury instructions, habit, plain error, crime against nature, ambiguous verdict form | |
| State v. Jerry (19-195 - Unpublished)
Judicial disqualification; waiver closing argument. | |
| State v. Odems (19-402 - Unpublished)
Felony larceny; obtaining property by false pretenses; habitual felon; value of stolen property; vacate and remand. | |
| State v. Randall (19-544 - Unpublished)
Post-Conviction DNA Testing; Inventory of Biological Evidence | |
| State v. Richardson (19-410 - Unpublished)
sufficient temporal proximity and sufficiently similar facts between two crimes to render evidence of one of the crimes admissible under Rule 404(b) | |
| State v. Wells (19-708 - Unpublished)
felony sentencing; aggravating factors; evidence to support aggravating factor was not the same as evidence of underlying offense; prior record level determination; substantial similarity of out-of-state conviction; no error where sentence imposed was a legal sentence for the correct prior record level even if it was based on an incorrect prior record level determination | |
| Wallace v. Maxwell (19-291 - Unpublished)
Medical malpractice, proximate cause, expert testimony | |
| Zhang v. Rubin (19-682 - Unpublished)
Medical Malpractice; Motion for Summary Judgment; Expert Witness; Familiarity With Experience and Training |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 28 PETITIONS AND 175 MOTIONS.
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|
Filed: 3 March 2020 Mandate: 23 March 2020 Zip File of Published Opinions Case Title / Description | |
| Cummings v. Carroll (19-283 - Published)
Claims for (1) negligence, (2)negligent misrepresentation, (3) breach of fiduciary duty, (4) unfair and deceptive trade practices within the meaning of N.C. Gen. Stat. 75-1.1, (5) breach of contract, (6) breach of implied covenant of good faith and fair dealing, (7) fraud and fraud in the inducement, (8) fraud by concealment, (9) personal liability in connection with the sale and purchase of a home. Summary judgment. | |
| Green v. Black (19-661 - Published)
Default on promissory note; provision to contract for new note on unspecified terms in event of default set aside as void and severable; summary judgment affirmed | |
| Holdstock v. Duke Univ. Health Sys., Inc. (18-1312 - Published)
Facial challenge, three judge panel, N.C.G.S. 1-267.1, N.C.G.S. 1-81.1, N.C.G.S. 1A-1, Rule 42(b)(4) | |
| In re: Giddens (19-792 - Published)
Spousal Year's Allowance; Deficiency Judgment; Estate Administration; Family Settlement Agreements | |
| Long v. Fowler (19-785 - Published)
wrongful death; sufficiency of allegations in complaint; identification of individual and official capacity in caption; sovereign immunity; caption in complaint sufficiently identified individuals in individual and official capacity to survive motions to dismiss pursuant to Rule 12(b)(1), 12(b)(2), and 12(b)(6) of North Carolina Rules of Civil Procedure | |
| Poulos v. Poulos (19-340 - Published)
Interlocutory; Collateral estoppel; Equitable distribution | |
| State v. Ditenhafer (16-965-2 - Published)
(View Supreme Court Opinion) obstruction of justice, N.C.G.S. 14-3(b), denial of access | |
| State v. Leaks (19-479 - Published)
Jury Instructions; Self-defense | |
| State v. Mangum (18-850 - Published)
Criminal Conviction, Civil Judgment, Attorney?s Fees, Jurisdiction, Record on Appeal, N.C. R. App. P. 3(a), Certiorari, N.C. R. App. P. 9, Amending Record on Appeal | |
| State v. Nazzal (19-552 - Published)
DWI-insufficient evidence of impairment - NCGS 20-138.1(a)(1); second-degree murder re: reckless driving non-DWI; NCGS 20-146(d)(1) failure to maintain lane control | |
| State v. Neira (19-653 - Published)
expunctions or expungement; eligibility for expunction of offense involving impaired driving | |
| State v. Pratt (19-435 - Published)
Jury instruction on entrapment not warranted where defendant failed to show lack of predisposition to commit crimes charged; error to enter civil judgment for attorney's fees without providing defendant opportunity to be heard thereupon | |
| Unpublished Opinions 3 March 2020 - Rule 30e - Zip File of Unpublished Opinions Mandate: 23 March 2020 | |
| Cuevas v. Davis (19-631 - Unpublished)
interlocutory appeal; jurisdiction | |
| Cunningham v. Long Term Care, Inc. (18-1275 - Unpublished)
Workers' compensation, accident, duty to consider all evidence | |
| Gordon v. Hancock (19-712 - Unpublished)
Summary Judgment; Verified Pleadings; Affidavits; Admissions | |
| In re S.T. (19-423 - Unpublished)
Subject matter jurisdiction, child custody, permanency planning | |
| Indus. Hemp Mfg., LLC v. Am. Hemp Seed Genetic, LLC (19-679 - Unpublished)
personal jurisdiction; consent to jurisdiction; dismissal pursuant to Rule 12(b)(2) of North Carolina Rules of Civil Procedure | |
| Seymour v. Orange Cty. Bd. of Educ. (19-334 - Unpublished)
School board immunity, interlocutory appeal, immunity waiver. | |
| State v. Eskridge (19-431 - Unpublished)
Controlled purchase; 404(b) Evidence | |
| State v. Griffin (19-657 - Unpublished)
Relevance Gang membership Attorney?s fees | |
| State v. Guarascio (19-486 - Unpublished)
criminal records request; violation of NCR App P 3 | |
| State v. Hodges (19-266 - Unpublished)
Motion to dismiss; Jury Instructions; Lesser-Included Offense | |
| State v. Joyner (19-651 - Unpublished)
termination of sex offender registration; reportable offenses requiring sex offender registration; unpreserved reportable offense issue; constitutionality of retroactivity of sex offender registration requirements; Sex Offender Registration and Notification Act | |
| State v. Lemus (19-582 - Unpublished)
bail bond forfeiture; motion for sanctions; jurisdiction | |
| State v. McKoy (18-599 - Unpublished)
Criminal Conviction, Civil Judgment, Attorney?s Fees, Jurisdiction, Record on Appeal | |
| State v. Pocknett (19-744 - Unpublished)
sentencing; second-degree muder; Class B2 offense | |
| State v. Scott (19-607 - Unpublished)
Polygraph test Rule 403 Mitigating factor Presumptive range | |
| State v. W.brook (19-331 - Unpublished)
Discrimination Race-neutral Closing argument Prior record level Ineffective assistance of counsel | |
| State v. White (19-664 - Unpublished)
clerical error in judgment; sale and delivery of methamphetamine; arresting judgment | |
| State v. Wilson (19-556 - Unpublished)
hearsay; present sense impression exception; attempted robbery with a dangerous weapon; lesser-included offenses | |
| State v. Yates (19-348 - Unpublished)
motion to dismiss - substantial evidence; misdemeanor cruelty to animals NCGS 14-360(a); restitution as condition of probation NCGS 1343(d) - aggrieved party; NCGS 19A-70 |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 28 PETITIONS AND 175 MOTIONS.
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|
Filed: 18 February 2020 Mandate: 9 March 2020 Zip File of Published Opinions Case Title / Description | |
| Barnard v. Johnston Health Servs. Corp. (19-290 - Published)
Assignment; Subrogation; MedPay; Judgment on the Pleadings; Health and Liability Insurance; Automobile Insurance. | |
| Holmes v. Moore (19-762 - Published)
Voter ID; Preliminary Injunction | |
| Mace v. NC Dep't of Ins. (19-710 - Published)
prayer for judgment continued; conviction under N.C.G.S. 58-2-69; adjudication of guilt | |
| Poindexter v. Everhart (19-646 - Published)
Military pension division; subject matter jurisdiction; personal jurisdiction; breach of separation agreement; equitable remedy; specific performance; 10 USC 1408; NCGS 7A-244; unincorporated agreement; forum selection clause. | |
| Shepard v. Catawba Coll. (19-101 - Published)
negligence | |
| Starlites Tech Corp. v. Rockingham Cty. (19-406 - Published)
zoning; land use; change in ownership | |
| State v. Angram (19-151 - Published)
motion to dismiss, robbery with a dangerous weapon | |
| State v. Davis (19-500 - Published)
proper denial of request for limiting instruction; clarification of prior convictions was not impeachment; failure to preserve issue for appeal; | |
| State v. Griffin (17-386-2 - Published)
Satellite-Based Monitoring; Warrantless Search; Fourth Amendment; Post-Release Supervision | |
| State v. Hodge (19-443 - Published)
validity of indictment; jurisdiction to enter sentence; no abuse of discretion granting continuance for issuance of superseding indictment | |
| State v. Kowalski (19-709 - Published)
Misdemeanor assault on a female; preservation; limitation of cross-examination; impeachment evidence; relevance; jury instructions; invited error. | |
| State v. Mills (19-597 - Published)
Probation, willful absconding | |
| State v. Mitchell (18-1163 - Published)
foundation required for witness to testify to personal knowledge under Rule 602 of North Carolina Rules of Evidence; permissible lay opinion testimony under Rule 701 of North Carolina Rules of Evidence; cellphone technology evidence and cellphone record retention evidence; erroneous evidence of victim's good character not plain error; sufficiency of evidence to support multiple conspiracy counts | |
| State v. Richardson (19-627 - Published)
no reversible error when trial court omitted certain verbiage from final mandate of jury instruction on voluntary manslaughter | |
| Wetherington v. NC Dep't of Pub. Safety (18-1018 - Published)
Just cause; Termination; State Employee; Law of the Case | |
| Unpublished Opinions 18 February 2020 - Rule 30e - Zip File of Unpublished Opinions Mandate: 9 March 2020 | |
| McGrath RentCorp v. TCI Triangle, Inc. (19-655 - Unpublished)
Personal Jurisdiction, Purposeful Availment, Judgment on the Pleadings, Interlocutory | |
| McMaster v. McMaster (19-234 - Unpublished)
child custody; lack of standing; NCGS ? 50-13.1(a); conduct inconsistent with protected parental status | |
| Rezvani v. Carnes (19-491 - Unpublished)
violations of NCRAP jurisdictional rules, requiring dismissal; NCRAP 9, 25, 34 | |
| State v. Boyd (19-543 - Unpublished)
Common law robbery; felony larceny from the person; valid indictment; inchoate crimes; plain error review; lessert-inclunded offense | |
| State v. Clark (19-456 - Unpublished)
motion to suppress evidence; search warrant application; probable cause; Franks challenge to veracity of search warrant affidavit | |
| State v. Davis (19-663 - Unpublished)
Probation Revocation, Subject Matter Jurisdiction, Clerical Error, Abuse of Discretion | |
| State v. Engle (19-488 - Unpublished)
evidence of prior crimes, wrongs, or acts under Rule 404(b) of North Carolina Rules of Evidence; probative value of 404(b) evidence not outweighed by danger of unfair prejudice or confusion of jury under Rule 403 of North Carolina Rules of Evidence; no abuse of discretion in determining authenticity of disputed text message communications; review of authentication ruling on motion in limine; no prejudicial error in failing to exclude evidence of victim's good character where no objection raised at trial | |
| State v. Everwine (19-629 - Unpublished)
Possession of stolen vehicle; motion to dismiss; restitution; value of stolen property. | |
| State v. Johnson (19-489 - Unpublished)
Substantially similar Violent felony Violent habitual felon | |
| State v. Juarez (19-545 - Unpublished)
sentencing - improper considerations by trial court; impact of drugs | |
| State v. Lail (19-468 - Unpublished)
Second-degree murder; child abuse; Confrontation Clause; harmless error beyond a reasonable doubt; hearsay; excited utterance; no prejudicial error; closing arguments; cumulative error. | |
| State v. McDaniel (17-856-2 - Unpublished)
Recent possession, recency, larceny, breaking and entering, extended probation period | |
| State v. Newsuan (19-564 - Unpublished)
Gang-related testimony. | |
| State v. Nyeplu (18-1251 - Unpublished)
Jury voir dire; ineffective assistance of counsel; issue preservation; prejudice. | |
| State v. Robinson (19-405 - Unpublished)
robbery with a dangerous weapon | |
| State v. Wheeling (18-1055 - Unpublished)
Jury Instruction; lesser included offenses; motion to dismiss; pretrial release; admissibility of evidence. | |
| The Cherry Cmty. Org. v. Sellars (19-695 - Unpublished)
Good faith purchaser, NC Unfair or Deceptive Trade Practices Act, NC Uniform Voidable Transactions Act | |
| Wallace v. Jeter (19-696 - Unpublished)
Summary Ejectment | |
| Whisnant v. Laurels (19-774 - Unpublished)
Worker's Compensation Act; N.C. Rule of Appellate Procedure 28(b)(6); aggravating injury; unchallenged findings of fact. |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 28 PETITIONS AND 175 MOTIONS.
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|
Filed: 4 February 2020 Mandate: 24 February 2020 Zip File of Published Opinions Case Title / Description | |
| Ingram v. NC State Bd. of Plumbing, Heating, & Fire Sprinkler Contractors (19-436 - Published)
Administrative Agency Decision; Licensing Board | |
| Mims v. Parker (19-317 - Published)
Dog bite; Strict Liability; Negligence | |
| Morris v. Powell (19-524 - Published)
Child Support Emancipation Contempt | |
| State v. Corbett/Martens (18-714 - Published)
motion for appropriate relief; no-impeachment rule; sufficiency of the evidence; medical diagnosis or treatment exception to hearsay rule; residual exception to hearsay rule; N.C.R. Evid. 702(a); aggressor doctrine; jury instructions; prejudice | |
| State v. Dravis (18-76-2 - Published)
Reconvening order; satellite-based monitoring; reasonable warrantless search; Fourth Amendment; sex offense crimes; sufficient evidence | |
| State v. Goins (19-288 - Published)
Closing argument; Improper argument; Constitutional Rights; New Trial | |
| State v. Parker (19-521 - Published)
Possession of firearm by a felon; motion to dismiss for insufficient evidence; habitual felon; circumstantial evidence; non-preservation of a constitutional issue; improper closing argument. | |
| State v. Patterson (18-1082 - Published)
Plain error; Ineffective assistance of counsel; Attorney Fees | |
| State v. Wilson (19-184 - Published)
PWISD cocaine; Sufficiency of the evidence; Intent | |
| Wagner v. City of Charlotte (18-1084 - Published)
Flooding; Inverse condemnation; Negligence; Trespass; Nuisance | |
| Unpublished Opinions 4 February 2020 - Rule 30e - Zip File of Unpublished Opinions Mandate: 24 February 2020 | |
| B.V. Belk, Jr. v. VRS Magnolia Plaza, LLC (19-563 - Unpublished)
Easement Implied by Prior Use, Summary Judgment | |
| Calatlantic Grp., Inc. v. Cty. of Union (19-577 - Unpublished)
Interlocutory Order; Substantial Right; Petition for Writ of Certiorari; Rule 54(b) | |
| Carrington v. Carolina Day Sch., Inc. (19-666 - Unpublished)
Employment Contract, Failure to State a Claim | |
| Davidson v. Laws (18-780 - Unpublished)
Statutory Interpretation; child custody; Servicemembers Civil Relief Act. | |
| E.wood Constr. Co., Inc. v. Cty. of Union (19-579 - Unpublished)
Interlocutory Order; Substantial Right; Petition for Writ of Certiorari; Rule 54(b) | |
| In re A.J. A-D (19-270 - Unpublished)
Termination of parental rights; willful abandonment; statutory two-step process of adjudication and disposition | |
| In the Matter of Z.S. (19-74 - Unpublished)
Adjudication of neglect; sufficiency of evidence and findings of fact; exclusion of testimony | |
| Lennar Carolinas, LLC v. Cty. of Union (19-576 - Unpublished)
Interlocutory Order; Substantial Right; Petition for Writ of Certiorari; Rule 54(b) | |
| Light v. Prasad (19-720 - Unpublished)
consent discovery scheduling order; no abuse of discretion by trial court in granting motion for a protective order; no abuse of discretion by trial court in allowing expert witnesses to testify at trial; | |
| M/I Homes of Charlotte, LLC v. Cty. of Union (19-575 - Unpublished)
Interlocutory Order; Substantial Right; Petition for Writ of Certiorari; Rule 54(b) | |
| McInnis Constr. Co., Inc. v. Cty. of Union (19-578 - Unpublished)
Interlocutory Order; Substantial Right; Petition for Writ of Certiorari; Rule 54(b) | |
| Novack v. Kosciuszko (19-383 - Unpublished)
premises liability; open and obvious | |
| Pace/Dowd Props. Ltd v. Cty. of Union (19-580 - Unpublished)
Interlocutory Order; Substantial Right; Petition for Writ of Certiorari; Rule 54(b) | |
| Powell v. Hamilton (19-325 - Unpublished)
Child custody; joint custody; best interests determination | |
| S&S Fam. Bus. Corp. v. Clean Juice Franchising, LLC (19-264 - Unpublished)
mandatory forum selection clause, contract interpretation | |
| Saunders v. Crystal Springs Park, Inc. (19-526 - Unpublished)
failure to cite legal authority; frivolous appeal; dismissal of appeal; N.C.R. App. P. 25(b), 34(b)(1) | |
| Shea Homes, LLC v. Cty. of Union (19-573 - Unpublished)
Interlocutory Order; Substantial Right; Petition for Writ of Certiorari; Rule 54(b) | |
| Shops At Chestnut, LLC v. Cty. of Union (19-574 - Unpublished)
Interlocutory Order; Substantial Right; Petition for Writ of Certiorari; Rule 54(b) | |
| State v. Elliott (19-123 - Unpublished)
Denial of defense counsel's motion to withdraw; denial of motion to suppress; reasonable suspicion for pat-down; probable cause for search of cell phones | |
| State v. Espinosa (19-305 - Unpublished)
Conspiracy; Sufficiency of the evidence; Joinder | |
| State v. Hall (19-110 - Unpublished)
Forfeiture of right to counsel; pattern of serious misconduct; use of criminal history to impeach defendant's credibility | |
| State v. Mayfield (19-606 - Unpublished)
Excusing Witnesses, Voir Dire | |
| State v. McCormick (19-680 - Unpublished)
awdwikisi - motion to dismiss for insufficient evidence of intent to kill; jury instruction on flight | |
| State v. Sanders (19-248 - Unpublished)
child abuse; mitigating factor; sentencing; guilty plea | |
| State v. Stacy (19-465 - Unpublished)
Plain error; hearsay; assessment of costs for related charges; civil judgment for attorneys' fees | |
| State v. Taylor (19-593 - Unpublished)
Sixth Amendment challenge not preserved for appellate review; failure to specifically argue plain error in jury instructions did not preserve issue for appellate review | |
| State v. Watson (19-553 - Unpublished)
possession of a firearm by a felon; defendant's stipulation to being a convicted felon at the time he was charged with possession of a firearm was sufficient evidence of his status as a convicted felon; | |
| State v. Wilson (19-620 - Unpublished)
Plain Error, Jury Instruction | |
| True Homes, LLC v. Cty. of Union (19-572 - Unpublished)
Interlocutory Order; Substantial Right; Petition for Writ of Certiorari; Rule 54(b) | |
| Zak v. Sweatt (19-440 - Unpublished)
Child custody modification; substantial evidence of change in circumstances affecting child's welfare since entry of prior order; denial of motion seeking recusal/reference of recusal motion to different trial judge; no abuse of discretion |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 28 PETITIONS AND 175 MOTIONS.
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|
Filed: 21 January 2020 Mandate: 10 February 2020 Zip File of Published Opinions Case Title / Description | |
| Common Cause v. Forest (18-870 - Published)
Swiftly enacted state legislation; constitutional challenge; meaning of Right to Instruct Clause | |
| Hampton v. Hearn (19-378 - Published)
medical malpractice; proximate cause; intervening negligence | |
| In re: H.D.H. (19-490 - Published)
Probation, Extension, Written Findings | |
| Lawrence v. Lawrence (19-668 - Published)
Petition to partition; reimbursement to co-tenant; statutes of limitations: NCGS 1-52(1) and NCGS 1-56; burden on summary judgment; presumption of validity of marriage; laches as an affirmative defense, NCGS 1A-1, Rule 8(c). | |
| Maness v. The Vill. of Pinehurst (19-157 - Published)
Unemployment benefits; ambiguous employee statements or actions; statutory meaning of left work | |
| State v. Campbell (18-998 - Published)
sufficiency of evidence for appellate review - motion to dismiss appeal; racial discrimination in use of peremptory challenges in jury selection - prima facie claim - Batson v Kentucky | |
| State v. Jones (19-281 - Published)
probation revocation; probationer's right to confrontation at revocation hearing | |
| State v. Meader (19-554 - Published)
Voluntary Intoxication, Jury Instruction | |
| State v. Scott (19-250 - Published)
Second-degree murder; NCGS 8-53; NCGS 90-21.20B(a1); malice; excessive speed; reckless driving. | |
| Unpublished Opinions 21 January 2020 - Rule 30e - Zip File of Unpublished Opinions Mandate: 10 February 2020 | |
| Anton v. Anton (19-549 - Unpublished)
will caveat; undue influence; interlocutory order does not affect substantial right; risk of inconsistent verdicts | |
| Berens v. Berens (19-306 - Unpublished)
child support; post-separation support; alimony; attorneys? fees; imputed income | |
| Clark v. US Airways, Inc. (19-707 - Unpublished)
Temporary total disability; change in conditions; attorney's fees; NCGS 97-88; bad faith. | |
| In re J.N.I., Jr., J.N.I., T.I.I. (19-86 - Unpublished)
Termination of Parental Rights; Ineffective Assistance of Counsel. | |
| In re VT (19-297 - Unpublished)
Visitation; Guardianship; Permanency planning order; Insufficient findings of fact. | |
| In re X.E.R.. (19-233 - Unpublished)
termination of parental rights, likelihood of adoption | |
| In re: Rieger (19-304 - Unpublished)
Guardian of the Estate Chapter 35A Transfer of venue | |
| In re: Z.S.B. (18-1105 - Unpublished)
Termination of parental rights, findings of fact | |
| Lee v. Allen (19-265 - Unpublished)
child and spousal support; means to defray expense of defense; findings required for attorney's fee award; necessity of findings regarding litigant's assets or debts | |
| Paez v. Paez (18-1206 - Unpublished)
Separation agreement; Specific performance; Credit | |
| State v. Clyde (19-82 - Unpublished)
Second-degree murder; plain error; hearsay; improper closing argument; IAC; prior consistent statement; defendant's statments after Miranda waiver. | |
| State v. Davis (19-280 - Unpublished)
| |
| State v. Hall (18-1290 - Unpublished)
Flight instruction; Lesser included offense; Voluntary manslaughter. | |
| State v. Horne (19-249 - Unpublished)
Felony child abuse | |
| State v. Phifer (19-541 - Unpublished)
Illegal sentence; sentence after remand; NCGS 15A-1335. | |
| State v. Shell (19-146 - Unpublished)
possession with intent to sell or distribute methamphetamine; motion to suppress; consent to search; search and seizure | |
| State v. Thomas (19-399 - Unpublished)
bench trial; confrontation rights; second-degree burglary; sufficiency of the evidence | |
| State v. Washington (19-547 - Unpublished)
felony identity theft; name and date of birth; identifying information; In re Civil Penalty | |
| Wrubluski v. Wrubluski (19-467 - Unpublished)
child support; post-separation support; attorneys? fees; parenting agreement; child support arrearages |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 28 PETITIONS AND 175 MOTIONS.
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|
Filed: 7 January 2020 Mandate: 27 January 2020 Zip File of Published Opinions Case Title / Description | |
| Akshar Distribution Co. v. Smoky's Mart, Inc. (19-316 - Published)
Default judgment as Rule 37 discovery sanction; Rule 59 motion tolled period to notice appeal; argument to reverse default judgment unpreserved; retirement of trial judge rendered Rule 59 motion unreviewable below; Rule 59 motion denied | |
| Brown v. Fayetteville State Univ. (19-13 - Published)
Career State employee; After-acquired-evidence doctrine (McKennon rule); Procedural due process requirements. | |
| Causey v. Cannon Sur., LLC (19-27 - Published)
void confession of judgment; confession of judgment violated seizure order; N.C. Captive Insurance Act; judicial estoppel | |
| Copeland v. Amward Homes Of N.C., Inc. (18-1021 - Published)
Negligence; Construction Equipment Roll-Away; Liability of Real Estate Developer; Theories of Legal Duty | |
| Deanes v. Deanes (19-120 - Published)
Child custody modification; Child support modification; Civil contempt | |
| Deminski v. The State Bd. Of Educ. (18-988 - Published)
Constitutional right to Education, Leandro, DOT v. Charlotte-Mecklenburg Board of Education | |
| Gen. Fid. Ins. Co. v. WFT, Inc. (18-1103 - Published)
corporate fraud; fraudulent transfer; piercing the corporate veil; unfair and deceptive trade practices | |
| Griffin v. Absolute Fire Control (19-461 - Published)
workers compensation; disability and suitability of substitute employment; makework | |
| In re: Harper (19-326 - Published)
standard of review; estate proceedings; special proceedings | |
| In re: Harper (19-327 - Published)
standard of review; estate proceedings; special proceedings | |
| In re: Lowe's Home Ctrs., LLC (19-125 - Published)
Property Tax; Revaluation; Misapplication | |
| In re: S.C. (19-333 - Published)
Protection of the Abused, Neglected, or Exploited Disabled Adult Act; petition for protective services; petition contents required | |
| Myers v. Myers (18-1210 - Published)
Expert Testimony, NC Rule of Civil Procedure 26, Alimony | |
| Nanny's Korner Day Care Ctr., Inc. v. NC Dep't of Health & Hum. Servs. (19-416 - Published)
exhaustion of administrative remedies; Tort Claims Act; statute of limitations | |
| Paynich v. Vestal (19-185 - Published)
child custody modification order; access to child's medical, school, and counseling records; supervised visitation in best interest of child | |
| State of NC v. Wasco, LLC (19-355 - Published)
res judicata; law of the case; impossibility of compliance with injunction; failure to join necessary party; untimely appeal from motion for reconsideration | |
| State v. Braswell (19-434 - Published)
sufficiency of prior record level evidence; discretionary writs; certiorari | |
| State v. Carter (19-44 - Published)
identity theft; motion to dismiss for insufficient evidence; jury instruction on false, contradictory, or conflicting statements | |
| State v. Crane (19-369 - Published)
driving while impaired; invited error | |
| State v. Hoque (19-134 - Published)
motion to dismiss for insufficient evidence; driving while impaired; resisting a public officer; possession of open container while driving; motion to suppress blood test results; officers' use of force during blood draw; body-camera recordings | |
| State v. Schalow (19-215 - Published)
Third prosecution arising out of same alleged conduct; presumption of prosecutorial vindictiveness; joinable offenses; dismissal required | |
| Unpublished Opinions 7 January 2020 - Rule 30e - Zip File of Unpublished Opinions Mandate: 27 January 2020 | |
| Chappell v. Chappell (19-11 - Unpublished)
divorce; equitable distribution; classification; valuation | |
| Clement v. Cumberland Cty. (19-414 - Unpublished)
Zoning Ordinance, Bona Fide Farm Exception, Administrative Remedies | |
| Conde v. Jessup (19-16 - Unpublished)
DMV; implied-consent offense; reasonable grounds | |
| Crop Prod. Servs., Inc. v. Pearson (19-260 - Unpublished)
Breach of warranty; negligent misrepresentation; summary judgment; expert opinion | |
| In Re D.B. (19-387 - Unpublished)
involuntary commitment; dangerous to self; serious physical debilitation | |
| In re: A.D.S. (19-258 - Unpublished)
injury to real property; juvenile delinquent adjudication; motion to dismiss for insufficient evidence | |
| In re: Hazelwood (19-121 - Unpublished)
Jurisdiction, Indictment | |
| In re: K.A. (19-455 - Unpublished)
Juvenile, Adjudication, Right to Cross-examine | |
| Kanish, Inc. v. Taylor (19-482 - Unpublished)
Revocation and purchase contract; no acceptance by buyer; electronic signature statute, NCGS 66-315; jury's verdict; entry of default; jury instruction. | |
| Leftwich v. Morris (19-656 - Unpublished)
Interlocutory appeal; compulsory counterclaim; motion to amend; substantial right. | |
| Martin v. Irwin (19-559 - Unpublished)
personal jurisdiction; N.C.R. Civ. P. 60(b)(4); N.C.R. Civ. P. 4(j); insufficient service of process and personal jurisdiction | |
| Sikes v. Farrell (19-238 - Unpublished)
Medical Malpractice; Rule 9(j); Rule 12(b)(6); North Carolina Rules of Civil Procedure; Rule 41; voluntary dismissal; Rule 15; relation back; motion to amend complaint; statute of limitations; Rule 702; North Carolina Rules of Evidence negligence; standard of care; review by expert | |
| State v. Collier (19-174 - Unpublished)
second-degree murder jury instruction; sentencing classification | |
| State v. Curlee (19-451 - Unpublished)
Plain error, voluntary intoxication, malicious conduct by a prisoner | |
| State v. Davis (19-227 - Unpublished)
Harmless beyond a reasonable doubt Closing argument Improper Grossly improper | |
| State v. Garcia (19-360 - Unpublished)
ineffective assistance of counsel; absence of request for limiting instruction on use of 404(b) evidence; motion for appropriate relief | |
| State v. Hernandez-Gonzalez (19-448 - Unpublished)
NCGS § 7A-271, 272; NCGS § 15A-641(c); original jurisdiction of superior court to hear misdemeanor by presentment | |
| State v. Herring (19-221 - Unpublished)
Attempted firs-degree murder; prior corroboratory statements; Rule 404(b); contents of cell phone browsing history; sufficiency of indictment. | |
| State v. Hewitt (19-382 - Unpublished)
expert opinion of identity of controlled substance; plain error admitting expert testimony; clerical error in judgment | |
| State v. Jones (19-14 - Unpublished)
motion to dismiss, trafficking by possession, trafficking by transportation | |
| State v. Litaker (19-189 - Unpublished)
Motion to Dismiss, Causal Nexus, Possession of Firearm by Felon | |
| State v. Littlejohn (19-347 - Unpublished)
Dismissal; Preservation; Fatal Variance; Ineffective Assistance of Counsel | |
| State v. Locklear (19-487 - Unpublished)
injury to personal property; indictments; facial validity of indictments; fatal variance between indictment and evidence; sufficiency of factual basis for guilty plea | |
| State v. Lofton (17-716-2 - Unpublished)
motion to dismiss, sufficiency of the evidence, attempt to manufacture controlled substance | |
| State v. Martin (19-130 - Unpublished)
Court costs; Civil Judgment; Incomplete record | |
| State v. McCord (19-517 - Unpublished)
probation violation; sufficiency of grounds for revocation of probation; clerical error in judgment | |
| State v. Midgette (19-463 - Unpublished)
First-degree murder; felony murder; robbery with a dangerous weapon; motion to dismiss; limitation of cross-examination; Confrontation Clause, Rule 404(b); plain error review. | |
| State v. Mize (19-161 - Unpublished)
statutory rape; jury instruction on impeachment or corroboration by prior statement; no prejudicial error | |
| State v. Moore (19-301 - Unpublished)
Sale or Delivery of Marijuana; Arresting Judgment; Prior Record Level Stipulation | |
| State v. Moore (19-183 - Unpublished)
sentencing; remand | |
| State v. Myers (19-173 - Unpublished)
Carrying A Concealed Gun; Motion to Dismiss; Insufficiency of the Evidence; Operability; Jury Instruction; Plain Error | |
| State v. Patrick (19-571 - Unpublished)
legality of search of probationer; motion to suppress | |
| State v. Phoeun (19-190 - Unpublished)
custodial interrogation; Miranda warnings; motion to suppress | |
| State v. Simmons (19-519 - Unpublished)
Evidence, Mistrial, Prejudice, Improper Comment, Self Defense, Aggressor Doctrine | |
| State v. Webster (19-257 - Unpublished)
dismissing and replacing juror after jury has been empaneled; NCGS § 15A-1215(a); lay witness opinion testimony under Rule of Evidence 701 | |
| State v. Wheeler (18-1272 - Unpublished)
| |
| State v. Whitmire (19-550 - Unpublished)
absconded from probation; NCGS ? 15A-1343(b)(3a) | |
| State v. Williams (18-1130 - Unpublished)
willful violation of conditions of probation, aggravating factor, N.C.G.S. 15A-1022.1 | |
| Steele-Correll v. Price (19-551 - Unpublished)
N.C.R. Civ. P 60(b)(4), 4(j), (j2); abuse of discretion; default judgment; service of process; motion for relief from judgment | |
| Summit & Crowne Capital Partners, LLC v. Korth Direct Mortg., LLC (19-413 - Unpublished)
Motion to Dismiss; Personal Jurisdiction; Loan broker commission; interlocutory order; substantial right; affidavits; opposing affidavits; verified pleading; parent company; alter ego; minimum contacts; contract formation; contractual relationship | |
| The Tr. For Tradewinds Airlines, Inc. v. Soros Fund Mgmt. LLC (19-356 - Unpublished)
Subject matter jurisdiction; contacts with state; piercing corporate veil; agency; default judgment; motions to dismiss | |