Court of Appeals Slip Opinions

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Filed: 4 June 2024
Mandate: 24 June 2024
Zip File of Published Opinions

Case Title / Description
Dixon v. N.C. Dep't of Health & Hum. Servs.  (24-79 - Published)   Author: Judge John Arrowood
Summary judgment; demotion; N.C.G.S. 126-35; pending discovery.
In re: E.E., S.M.E., H.L., C.L.  (23-974 - Published)   Author: Judge Tobias Hampson
motion to remove party; legal custodian; abuse and neglect
In re: E.H. & R.H.  (23-864 - Published)   Author: Judge John Tyson
Abuse and Neglect; Initial Adjudication; Unexplained injuries; Unsupported findings; Removal from home;
In re: Howell  (23-1050 - Published)   Author: Judge Jeff Carpenter
Caveat; Will; Undue Influence; Bond; Rule 41; Dismissal; No Abuse of Discretion.
RM Contractors, LLC v. Wiggins  (23-978 - Published)   Author: Judge Jeff Carpenter
Interlocutory Order; Substantial Right; Claim of Lien; Perfection, Priority; Breach of Contract; Summary Judgment.
State v. Ditty  (23-141 - Published)   Author: Judge Hunter Murphy
order rendered, order entered, enforcement of withdrawn plea agreement, detrimental reliance
State v. Guzman  (23-412 - Published)   Author: Judge Fred Gore
N.C.G.S. § 15A-291(c); N.C.G.S. §§ 15A-262 and 15A-263; judicial recusal; wiretap orders; ping orders
State v. Lail  (23-845 - Published)   Author: Judge Jeff Carpenter
Rule 403 Balancing; Substantially More Prejudicial Than Probative; Abuse of Discretion; Wrongful Exclusion of Impeachment Evidence; Credibility; Jury Question; Prejudice; New Trial.
State v. McNeil  (23-977 - Published)   Author: Judge April Wood
Possession; Constructive possession; Close juxtaposition; Controlled delivery; Power to control; Lesser-included offense; Methamphetamine; Other incriminating circumstances; Motion to dismiss.
State v. Montanino  (23-409 - Published)   Author: Judge Chris Dillon
felony murder, felonious larceny, misdemeanor larceny, misdemeanor manslaughter, involuntary manslaughter
State v. Primm  (23-949 - Published)   Author: Judge April Wood
Solicitation of a child by computer or other electronic device; N.C. Gen. Stat. § 14-202.3(a); Knowingly solicited; Motion to dismiss; Substantial evidence; Contradictions and discrepancies are for the jury to resolve.
State v. Robinson  (23-564 - Published)   Author: Judge Julee Flood
N.C. Gen. Stat. 15A-534; N.C. Gen. Stat. 15A-1431; right to a jury trial; right to be free from unreasonable seizures; secured bond; unsecured bond; modification of pretrial release conditions
State v. Scott  (23-936 - Published)   Author: Judge Jefferson Griffin
Withdrawal of guilty plea; Handy factors; fair and just reason; petition for certiorari
Sunshine v. Sunshine  (23-559 - Published)   Author: Judge Allegra Collins
alimony, depression of income, imputation of income, accustomed standard of living, savings
White v. Brave Quest Corp.  (23-928 - Published)   Author: Judge Julee Flood
sanctions; interlocutory appeal; Rule 3; discovery order
Unpublished Opinions
4 June 2024  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 24 June 2024 

Beck v. DePaolo (23-764 - Unpublished)   Author: Judge April Wood
Interlocutory appeal; Possibility of inconsistent verdicts; Medical malpractice; Proximate causation; Plaintiff’s burden of proof in a medical malpractice claim; Expert witness testimony; N.C. R. Civ. P. 9(j)(1).
Brooks v. Cunningham (23-1074 - Unpublished)   Author: Judge Julee Flood
attorneys fees; contempt; motion to strike; motion to amend
Hoffman v. Curry (23-398 - Unpublished)   Author: Judge Michael Stading
child custody; civil contempt; interlocutory appeal; final judgment; substantial right; child's best interests; willfulness
In re: E.C., M.S., M.S., L.C., M.S., M.S., A.C. (23-1128 - Unpublished)   Author: Per Curiam
Termination of parental rights
In re: H.D.B., R.B., & R.B. (23-893 - Unpublished)   Author: Judge John Tyson
Termination of parental rights; Subject Matter Jurisdiction; Home state of juvenile; Change in permanent plan; Best interests determination; Likelihood of Adoption;
In re: I.F., B.F., M.F. (23-888 - Unpublished)   Author: Per Curiam
juvenile petitions; dependency; neglect; motion to strike brief; guardian ad litem; notice of appeal; certiorari
In re: J.R.S. (23-976 - Unpublished)   Author: Judge Fred Gore
termination of parental rights; substance abuse treatment; failure to make reasonable progress under the circumstances; N.C.G.S. § 7B-1111(a)(2); extremely limited progress; dependency; N.C.G.S. § 7B-1111(a)(6); challenged findings of fact.
In re: K.E.L. & V.P.L. (23-972 - Unpublished)   Author: Per Curiam
Rule 3.1; Juveniles; Neglect; Termination of Parental Rights; Clear Cogent and Convincing Evidence; Affirmed.
In re: K.S. (24-65 - Unpublished)   Author: Judge Fred Gore
juvenile level 3 disposition and commitment order; violation of probation; predisposition report; N.C.G.S. § 7B-2413; comprehensive clinical assessment; N.C.G.S. § 7B-2502(a4); consideration of all relevant statutory factors; N.C.G.S. § 7B-2501(c).
In re: White Oak Missionary Baptist Church (23-441 - Unpublished)   Author: Judge Chris Dillon
appointment of receiver, affidavit, Civ. Pro. R. 6(d), N.C. Gen. Stat. 1-507.24(e)
Mashburn v. Chandler (23-1042 - Unpublished)   Author: Judge John Arrowood
evidentiary challenges, quiet title, placing property "on the ground", Marketable Title Act, failure to plead issue
Raper v. Raper (23-922 - Unpublished)   Author: Judge Jefferson Griffin
Motion to dismiss; Third-party complaint; Equitable distribution; Interlocutory; Dismissed
Robbins v. Robbins (23-860 - Unpublished)   Author: Judge John Tyson
Separation Agreement; N.C. R. App. P. 3; Appellate Jurisdiction; Appeal from wrong number; Untimely Notice of Appeal;
State v. Alston (23-999 - Unpublished)   Author: Judge Fred Gore
assault with a deadly weapon; discharging a firearm into an occupied vehicle; aggressor doctrine; jury instruction supported by the evidence.
State v. Bannister (24-66 - Unpublished)   Author: Judge John Arrowood
N.C.G.S. 14.190; indecent exposure; public place.
State v. Davis (23-795 - Unpublished)   Author: Judge April Wood
Driving while impaired; DWI; Appreciable impairment; Motion to dismiss; N.C. Gen. Stat. § 20-138.1(a).
State v. Durner (22-545 - Unpublished)   Author: Judge Jeff Carpenter
Second-Degree Murder; Motions to Dismiss; Malice; Self-Defense; Hearsay; Residual Exception; Character Evidence; Modus Operandi; Affidavits; Foundation; Personal Knowledge; Unavailable Declarants; No Ineffective Assistance of Counsel.
State v. Frizzell (23-237 - Unpublished)   Author: Judge Jeff Carpenter
Indecent Liberties; Expert Testimony; Vouching; Redaction; Preservation; Charge Conference; Aggravating Factors; Abuse of Position of Trust or Confidence.
State v. Gomez (23-1129 - Unpublished)   Author: Judge Fred Gore
trafficking in fentanyl by possession and transportation; jury instruction; footnote 6 to N.C.P.I. (Crim) 260.17 and 260.30; plain error review; mental state; element of knowledge; determinative issue of fact; defendant’s evidence.
State v. Green (23-475 - Unpublished)   Author: Judge Jeff Carpenter
Warrantless Search; Consent; Motion to Suppress; Preservation; N.C. R. App. P. 10; Dismissed.
State v. Hinton (23-673 - Unpublished)   Author: Per Curiam
no-merit brief, prejudicial error, full review of the record
State v. McDuffie (23-836 - Unpublished)   Author: Judge Fred Gore
second-degree murder; lesser-included offense jury instruction; involuntary manslaughter
State v. McNair (23-541 - Unpublished)   Author: Judge Valerie Zachary
second-degree burglary; motion to dismiss; substantial evidence; reasonable inference; restitution; competent evidence
State v. Morales (23-708 - Unpublished)   Author: Judge Jeff Carpenter
Driving While Impaired; Speeding; Allen Charge; Jury Instructions; No Error.
State v. Palmer (23-901 - Unpublished)   Author: Judge Allegra Collins
waiver of counsel; lesser included offenses
State v. Price (22-915 - Unpublished)   Author: Judge Hunter Murphy
Anders brief review, no meritorious issues, no prejudicial error
State v. Rangel (23-966 - Unpublished)   Author: Judge John Arrowood
PWC, Anders brief, petition for DNA testing
State v. Talley (23-804 - Unpublished)   Author: Judge Tobias Hampson
motion to dismiss; larceny; conspiracy; sufficiency of evidence
State v. Webster (23-956 - Unpublished)   Author: Judge John Arrowood
plain error in jury instruction for constructive possession, failure to intervene ex mero motu in closing argument
Weiss v. Cont'l Aerospace Techs., Inc. (23-907 - Unpublished)   Author: Judge Tobias Hampson
Interlocutory, Final Judgment, Statute of Repose, Product liability
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 31 PETITIONS AND 228 MOTIONS.


Filed: 21 May 2024
Mandate: 10 June 2024
Zip File of Published Opinions

Case Title / Description
Alderete v. Sunbelt Furniture Xpress, Inc.  (23-896 - Published)   Author: Judge Carolyn Thompson
Workers' compensation
Brown v. Caruso Homes, Inc.  (23-1014 - Published)   Author: Judge Julee Flood
attorney’s fees; abuse of discretion; reasonableness; findings of fact; North Carolina Wage and Hour Act
Cottle v. Mankin  (22-633 - Published)   Author: Judge Chris Dillon
negligent retention, medical malpractice, summary judgment, statute of repose, NCGS 90-21.11
Deanes v. Deanes  (23-56 - Published)   Author: Judge Donna Stroud
third party standing, child custody, intervention, constitutionally protected status
In re: B.L.M-S.  (23-960 - Published)   Author: Judge John Arrowood
abused and neglected juvenile; visitation; reunification efforts; no-contact order
In re: T.R.W., T.D.Y.J.W., & T.Z.A.M.W.  (23-1007 - Published)   Author: Judge Allegra Collins
termination of parental rights; neglect; lack of progress; guardianship; permanency;
State v. Juran  (23-881 - Published)   Author: Judge Jefferson Griffin
Assault on an emergency personnel; Error; Plain error; Unanimous jury verdict; Jury instruction; Verdict sheet; Evidence; Fatal variance; Indictment; PWC; Motion to dismiss; Sufficient evidence; Substantial evidence; Preservation of fatal variance issue; Object at trial; Motion to dismiss at the close of all evidence; No error
State v. Melton  (23-411 - Published)   Author: Judge Jefferson Griffin
Structural error; Motion to withdraw; Motion for continuance; Court-appointed counsel; Private counsel; Substitution; Sixth Amendment; Ineffective assistance of counsel; Balancing test; Prejudice; Judicial economy; No error
State v. Radomski  (23-340 - Published)   Author: Judge Hunter Murphy
second amendment, as-applied challenge, mens rea, educational property.
Unpublished Opinions
21 May 2024  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 10 June 2024 

Coggin v. Brennan (23-802 - Unpublished)   Author: Judge John Arrowood
Child custody modification; substantial change in circumstances; effect on the minor child; final decision-making authority.
Cox v. Sadovnikov (23-657 - Unpublished)   Author: Judge Chris Dillon
custody dispute, UCCJEA, non-parent third party standing, home state jurisdiction, clear & convincing evidence, biological parents constitutional protections
In re: A.D. (23-1143 - Unpublished)   Author: Judge Julee Flood
termination of parental rights; neglect; incarceration; findings of fact; clear, cogent, and convincing evidence.
In re: A.S.C. (23-1018 - Unpublished)   Author: Judge April Wood
Indian Child Welfare Act; ICWA; Reason to know; 25 U.S.C. § 1911; 25 U.S.C. § 1912; Indian Tribe; Cherokee Tribe; Notice requirement; Work with members of the Indian Tribe; 25 C.F.R. § 23.111; ICWA burden.
In re: B.B.P. (23-1086 - Unpublished)   Author: Judge Michael Stading
termination of parental rights; denial of motion to continue; challenged findings of fact; neglected juvenile; best interests
In re: D.B.R. (23-985 - Unpublished)   Author: Judge Tobias Hampson
Involuntary commitment, outpatient, findings of fact, form order
In re: G.H. (23-939 - Unpublished)   Author: Judge Fred Gore
juvenile delinquency petitions; State’s limited statutory right to appeal in delinquency cases; N.C.G.S. § 7B-2604(b); motion to dismiss appeal granted; petition for writ of certiorari denied.
In re: J.H. (23-543 - Unpublished)   Author: Judge Chris Dillon
neglected juvenile, physical discipline, incomplete transcript, parental psychological evaluation
In re: K.L.D. (23-903 - Unpublished)   Author: Judge Donna Stroud
permanency planning order, visitation, guardianship, motion to continue
In re: M.R., M.R., K.R. (23-904 - Unpublished)   Author: Judge Jefferson Griffin
Adjudication; disposition; dependency; custody; visitation; subject matter jurisdiction; juvenile petition
State v. Anderson (22-970 - Unpublished)   Author: Judge Donna Stroud
second-degree murder, motion to dismiss, proximate cause, jury instructions, closing arguments
State v. Brown (23-393 - Unpublished)   Author: Judge Jeff Carpenter
Batson Challenge; Jury Selection; United States Constitution; Equal Protection Clause; North Carolina Constitution; Article I, Section 26; No Clear Error.
State v. Burgess (23-846 - Unpublished)   Author: Judge Carolyn Thompson
Revocation of probation
State v. Cochran (22-885 - Unpublished)   Author: Judge Hunter Murphy
prolonged stop, preservation of suppression arguments, trafficking by possession.
State v. Davis (23-931 - Unpublished)   Author: Judge Chris Dillon
jury instruction misplaced word, sex offender registration
State v. Gilmore (23-300 - Unpublished)   Author: Judge Donna Stroud
indictment, fatal variance, larceny
State v. Jackson (22-982 - Unpublished)   Author: Judge Michael Stading
Alford plea; motion to withdraw plea; ineffective assistance of counsel; Handy factors
State v. Love (23-1123 - Unpublished)   Author: Judge Fred Gore
no statutory authority to set aside bond forfeiture under N.C.G.S. § 15A-544.5(f); defendant failed to appear on two or more prior occasions in the case for which the bond was executed; clearly marked release order; actual notice.
State v. MacKay (23-718 - Unpublished)   Author: Judge Donna Stroud
use of the word "victim," plain error review
State v. Pica (23-873 - Unpublished)   Author: Judge Jefferson Griffin
Possession of firearm by felon; actual possession; constructive possession; incriminating circumstances; sufficiency of evidence; motion to dismiss
State v. Thomas (23-736 - Unpublished)   Author: Judge April Wood
Petition for Writ of Certiorari; Satellite-based Monitoring orders; Failure to include order in notice of appeal; Sufficiency of the findings; 404(b) evidence; Prior conviction of a similar nature; Common scheme or plan; Level of supervision; Risk assessment; Static-99R form; Competent evidence to support trial court’s additional findings of fact; Above average risk.
State v. Watrous (23-668 - Unpublished)   Author: Judge Jeff Carpenter
Motion to Dismiss; N.C. Gen. Stat. § 90-108(a)(7); Methamphetamine; Paraphernalia; Possession; Constructive Possession; Lay Testimony; No Plain Error.
State v. Wilson (23-525 - Unpublished)   Author: Judge April Wood
Second-degree kidnapping; N.C. Gen. Stat. § 14-39; Acting in concert; Facilitating the commission of any felony or facilitating flight of any person following the commission of a felony; N.C. Gen. Stat. § 20-166; Felony hit and run; Motion to dismiss; N.C. R. Evid. 403(b).
State v. Young (23-952 - Unpublished)   Author: Judge John Arrowood
motion to suppress, Rule 404(b), undisclosed state's witness, conditional discharge
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 31 PETITIONS AND 228 MOTIONS.


Filed: 7 May 2024
Mandate: 28 May 2024
Zip File of Published Opinions

Case Title / Description
Aguilar v. Mayen  (23-700 - Published)   Author: Judge April Wood
Child custody; Best interests; Findings of fact must support conclusions of law; Sufficiency of the trial court's findings; Consider all relevant factors; N.C. Gen. Stat. § 50-13.2.
Carballo v. Carballo  (23-796 - Published)   Author: Judge Allegra Collins
modification of child custody, best interest, visitation, findings of fact, delegation of judicial authority
Gabbidon Builders, LLC v N.C. Licensing Bd. for Gen. Contractors  (23-1010 - Published)   Author: Judge Valerie Zachary
administrative law; due process; subpoena; virtual testimony
Haythe v. Haythe  (23-792 - Published)   Author: Judge John Arrowood
alimony, attorney's fees, contempt, holding equitable distribution in trust.
Hoaglin v. Duke Univ. Health Sys., Inc.  (23-546 - Published)   Author: Judge Jeff Carpenter
Summary Judgment; Contracts; Americans with Disabilities Act; Discrimination; Failure to Accommodate; Retaliation; Rule 37; Attorneys’ Fees.
In re: Bartko  (23-980 - Published)   Author: Judge John Tyson
Reinstatement of Law License; Disciplinary Hearing Commission; Completion of Sentence; Payment of Restitution; Restoration of Citizenship; State Bar Council appellate jurisdiction;
In re: D.J.Y.  (23-1079 - Published)   Author: Judge April Wood
Subject matter jurisdiction; Court counselor; Approve a petition for filing; Adjudication and disposition; Orders void ab initio; N.C. Gen. Stat. § 7B-1706(a); N.C. Gen. Stat. § 7B-1703(b).
In re: D.R.F. Jr.  (23-473 - Published)   Author: Judge Tobias Hampson
Juvenile Adjudication Order; Secure Custody; Motion to Dismiss
In re: J.O.  (23-744 - Published)   Author: Judge Donna Stroud
guardianship, permanency planning order, visitation, preservation
In re: M.G.B., T.J.B., H.E.D.  (23-853 - Published)   Author: Judge Tobias Hampson
Permanency planning, reunification, factual findings, DSS reasonable efforts, guardian ad litem, sexual abuse, burden of proof
Jones v. Corn  (23-927 - Published)   Author: Judge Jeff Carpenter
Estate Planning; Deeds; Undue Influence; Capacity; Conversion; Reformation; JNOV; New trial; Affirmed.
Jones v. N.C. Dep't of Pub. Safety  (23-591 - Published)   Author: Judge Allegra Collins
inmate, assault, Tort Claims Act, negligence, notice, Industrial Commission, notice of appeal, cross-appeal
McMillan v. Faulk  (23-827 - Published)   Author: Judge Allegra Collins
interlocutory appeals; collateral estoppel
Real Time Resolutions, Inc. v. Cole  (23-464 - Published)   Author: Judge Fred Gore
oreclosure; N.C.G.S. § 1-47(3); statute of limitations; home equity credit line agreement; acceleration of the note; clerical error.
Scott v. Scott  (23-263 - Published)   Author: Judge Donna Stroud
jurisdiction of trial court to modify custody
Sneed v. Johnston  (23-446 - Published)   Author: Judge Tobias Hampson
equitable distribution; motion to reopen evidence; business valuation
State v. Boyd  (23-984 - Published)   Author: Judge John Tyson
Anticipatory Search Warrant; Trafficking cocaine & marijuana; Guilty Plea; Motion to Suppress preserved; Totality of the Circumstances;
State v. Buck  (23-606 - Published)   Author: Judge Jeff Carpenter
Statutory Interpretation; “Crash”; Motion to Arrest Judgment; Motion to Dismiss; Jury Instructions; Clerical Error.
State v. Crowder  (23-833 - Published)   Author: Judge Chris Dillon
short form indictments, second degree forcible sex offense, N.C. Gen. Stat. 15-144.2(c)
State v. Doherty  (23-820 - Published)   Author: Judge Julee Flood
motion to dismiss; felony cruelty to animals; cruelly beat; statutory interpretation; plain language; dictionary definition; invited error; plain error; lesser included offense
State v. Fernanders  (23-837 - Published)   Author: Judge Fred Gore
N.C. R. Evid. 404(b) prejudicial error review; N.C. R. Evid. 701 prejudicial error review; N.C. R. Evid. 403; motion to sever charges; N.C. R. Evid. 702(a)(1), (a)(3).
State v. Gibbs  (23-566 - Published)   Author: Judge Tobias Hampson
fatal variance; motion to dismiss; jury instructions; consecutive sentences
State v. Groat  (23-703 - Published)   Author: Judge Jeff Carpenter
Motion to Sever; Unpreserved; Motion to Dismiss; Attempted First Degree Kidnapping; No Error.
State v. Heyne  (23-224 - Published)   Author: Judge Allegra Collins
expert testimony; lay opinion testimony; improper jury arguments
State v. Montgomery  (23-720 - Published)   Author: Judge Hunter Murphy
requested replay of evidence, actual and constructive possession, motion to dismiss.
State v. Norman  (23-471 - Published)   Author: Judge John Tyson
Injury to real property; Safecracking; Breaking and entering; Larceny after breaking and intering; Injury to personal property; Probable cause; Inevitable discovery; Knock and talk; Securing the scene; 4th Amendment;
State v. Ramirez  (23-965 - Published)   Author: Judge Allegra Collins
preservation, appellate review, offer of proof, dismiss, exclusion of testimony, prejudice, overwhelming evidence of guilt, clerical errors, written judgment, remand
State v. Simpson  (23-676 - Published)   Author: Judge Carolyn Thompson
TC erred by not giving notice to or engaging in colloquy with defendant regarding attorney's fees.
State v. Vaughn  (23-337 - Published)   Author: Judge Allegra Collins
first-degree murder, possession of a weapon of mass death and destruction, jury instructions, stand-your-ground provision, defense of habitation, defense of justification, causal nexus requirement, prejudicial error
Warren v. Cielo Ventures, Inc.  (22-926 - Published)   Author: Judge Michael Stading
Unfair and Deceptive Trade Practices Act; N.C. Gen. Stat. Sec. 75-1.1; statute of limitations; limitations of liability clause
Wenninger v. Wenninger  (23-741 - Published)   Author: Judge Valerie Zachary
equitable distribution; property in trust; jurisdiction; joinder of necessary parties
White v. N.C. Dep't of Health & Hum. Servs.  (23-529 - Published)   Author: Judge Valerie Zachary
adoption assistance benefits; administrative law; standard of review
Wilson Ratledge, PLLC v. JJJ Fam., LP  (23-959 - Published)   Author: Judge John Arrowood
personal jurisdiction, general and specific jurisdiction.
Unpublished Opinions
7 May 2024  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 28 May 2024 

Arnold v. Sweyer & Assocs., Inc. (23-640 - Unpublished)   Author: Judge Valerie Zachary
restrictive covenants; summary judgment; involuntary dismissal
Blackmon v. Blackmon (23-538 - Unpublished)   Author: Judge Chris Dillon
equitable distribution, sanctions, mixed assets, marital fault
DiMuzio v. DiMuzio (23-494 - Unpublished)   Author: Judge Jefferson Griffin
Alimony determination; amount and duration; competent evidence; prior post-separation support findings not binding on alimony award; statutorily required findings for N.C. Gen. Stat. § 50-16.3A(b)(8)
Hanson v. Marten Transp., Ltd. (23-843 - Unpublished)   Author: Judge Valerie Zachary
workers' compensation; findings of fact; compensable injury; causation; credibility of witnesses
Hurd v. Priority Auto. Huntersville, Inc. (23-1104 - Unpublished)   Author: Judge Jefferson Griffin
Motion to dismiss, N.C. R. Civ. P. 12(b)(6), Failure to state a claim, sufficiency of complaint, Unfair and deceptive trade practice, fraud, fraudulent concealment, automobile dealership, reversed and remanded
In re: A.F.L. & M.R.L.L. (23-1059 - Unpublished)   Author: Judge Julee Flood
termination of parental rights; best interests; abuse of discretion; reweigh; unchallenged findings; binding; N.C. Gen. Stat. Section 7B-1110(a); adoption; bond; wishes of the juvenile
In re: C.D.G., H.J.G. (23-894 - Unpublished)   Author: Judge April Wood
N.C. Gen. Stat. § 7B-1110(a); Dispositional factors; Best interest of the child; Consideration of statutory factors; Bond between child and parent; Likelihood of adoption; Lack of proposed adoptive placement.
In re: M.K.P-C. (23-1075 - Unpublished)   Author: Judge Carolyn Thompson
Termination of parental rights
In re: Z.M., L.M., H.M. (23-829 - Unpublished)   Author: Judge John Arrowood
subject matter jurisdiction; nonsecure custody orders; permanency planning orders; eliminating reunification from permanency plan; reasonable efforts.
In re: Z.S. & J.C.M. (23-850 - Unpublished)   Author: Judge Allegra Collins
adjudication, neglect, substantial risk of impairment
Jones v. Corn (23-935 - Unpublished)   Author: Judge Jeff Carpenter
Estate Planning; Deeds; Undue Influence; Capacity; Conversion; Reformation; JNOV; New trial; Affirmed.
Kent v. Johnson (22-1060 - Unpublished)   Author: Judge Michael Stading
subject matter jurisdiction; temporary child custody order; natural parent's paramount status; non-parent custody
Kustom U.S., Inc. v. Bryant (23-370 - Unpublished)   Author: Judge Hunter Murphy
breach of contract, discovery sanctions, admissions
Norman v. Allstate Ins. Co. (23-1111 - Unpublished)   Author: Judge Julee Flood
12(b)(6); allegations; sufficient; unfair and deceptive trade practices; third party; claimant; insurer; adverse party
State v. Afzal (23-800 - Unpublished)   Author: Judge Jeff Carpenter
Subject Matter Jurisdiction; Indictment; Essential Element; Kidnapping; Felonious Restraint; Vacated.
State v. Allen (23-831 - Unpublished)   Author: Judge Tobias Hampson
plain error; leading question; hearsay
State v. Anderson (23-169 - Unpublished)   Author: Judge Michael Stading
motion for appropriate relief; verdict impeachment; confrontation clause; hearsay
State v. Arold (23-1076 - Unpublished)   Author: Judge Jefferson Griffin
Right to presence; Sixth and Fourteenth amendments; Jury question; N.C. R. App. P. 10(a)(1); Objection; Failure to preserve; Dismissed
State v. Best (22-856 - Unpublished)   Author: Judge Donna Stroud
self defense, aggressor doctrine, jury instructions
State v. Bullock (23-818 - Unpublished)   Author: Judge Valerie Zachary
motion to dismiss; discharging a firearm into a vehicle; muzzle velocity; jury instructions; flight
State v. Carpenter (23-867 - Unpublished)   Author: Judge Valerie Zachary
certiorari; revocation of probation; findings of fact; good cause
State v. Chinnas (23-706 - Unpublished)   Author: Judge Valerie Zachary
cruelty to animals; motion to dismiss; special condition of probation; Rule 2
State v. El (23-745 - Unpublished)   Author: Judge Chris Dillon
reasonable search, roadside search, intrusive means
State v. Frank (23-695 - Unpublished)   Author: Judge Jefferson Griffin
Petition for writ of certiorari, N.C. R. Evid. 404(b), N.C. R. Evid. 403, Sentencing, Statutory mandate, evidence, indecent liberties with a child, indecent liberties with a minor, first-degree sexual offense
State v. Fraser (23-670 - Unpublished)   Author: Judge Jefferson Griffin
Motion to dismiss, sufficiency of the evidence, discharging a weapon into an occupied vehicle, hearsay, identity, common scheme or plan, intent
State v. Glendening (23-366 - Unpublished)   Author: Judge Tobias Hampson
Rule 404(b); prior acts evidence; Rule 403
State v. Greer (23-926 - Unpublished)   Author: Judge Allegra Collins
stipulation to prior convictions; record level worksheet; stipulation to out-of-state felony conviction; sentencing; NC Gen Stat 15A-1340.14(e)
State v. Grice (23-1058 - Unpublished)   Author: Judge Jeff Carpenter
Clerical Error; Judgment; Rule 4; PWC; Remanded.
State v. Hammond (23-1118 - Unpublished)   Author: Judge Julee Flood
jurisdictional defect; designate; serve; probation; revocation; hearing; reasonably satisfy; willful; violated; abuse of discretion; abscond; notice; finding; good cause; remand
State v. Hemingway (23-275 - Unpublished)   Author: Judge Hunter Murphy
probation revocation, right to confrontation, abuse of discretion.
State v. Hill (23-910 - Unpublished)   Author: Judge John Arrowood
Probation revocation; right to confrontation; N.C.G.S. § 15A-1345(e); finding of good cause; non-revocable violations; clerical error.
State v. Jackson (23-1054 - Unpublished)   Author: Judge Jefferson Griffin
Anders brief; possible issues of sentencing, indictment sufficiency, sex offender registration; no meritorious issues; wholly frivolous
State v. Kelliher (23-691 - Unpublished)   Author: Judge Hunter Murphy
Miller resentencing, appellate mandate, limited remand
State v. Kuers (23-486 - Unpublished)   Author: Judge Chris Dillon
possession of a firearm by a felon, defendant's choice not to testify, motion to fire appointed counsel
State v. O'Buckley (23-1034 - Unpublished)   Author: Judge Fred Gore
motion for a mistrial; N.C.G.S. § 14-7.5; pending indictment; habitual felon status; substantial prior criminal record; curative instruction; no abuse of discretion; no substantial or irreparable prejudice to defendant’s case.
State v. Saunders (23-916 - Unpublished)   Author: Judge Julee Flood
license and registration checkpoint; driving while under the influence; motion to suppress; preservation; constitutional law; findings of fact.
State v. Shepard (23-824 - Unpublished)   Author: Judge John Tyson
Rape of a child by adult N.C. Gen. Stat. § 14-27.23; Cross examination; Prior inconsistent statement; Rule 412 - Rape Shield; Unpreserved objections; Rule 403; Delayed Reporting; Victim Impact Evidence; Plain error;
State v. Smith (22-621 - Unpublished)   Author: Judge Michael Stading
Driving While Impaired; Motion for Appropriate Relief; Petition for Writ of Certiorari; Withdrawal of Plea; Voluntary Plea; Collateral Consequences of Plea
State v. Speight (23-815 - Unpublished)   Author: Judge April Wood
Anders brief; N.C. Gen. Stat. § 15A-1444; Guilty plea; Frivolous appeal
State v. Whitaker (23-569 - Unpublished)   Author: Judge April Wood
Self-defense; Stand Your Ground Doctrine; N.C. Gen. Stat. § 14-51.3; Castle Doctrine presumption; N.C. Gen. Stat. § 14-51.2; Curtilage.
State v. Wynne (23-586 - Unpublished)   Author: Judge Carolyn Thompson
Statutory sex offense with a child by an adult
Williams v. N.C. Dep't of Adult Corr. (23-876 - Unpublished)   Author: Judge April Wood
Industrial Commission; Full Commission Order; Negligence; Causation; Proximate Cause; Expert medical testimony; Tort Claims Act; Pain and suffering.
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 31 PETITIONS AND 228 MOTIONS.


Filed: 16 April 2024
Mandate: 6 May 2024
Zip File of Published Opinions

Case Title / Description
Bost v. Brown  (23-855 - Published)   Author: Judge Julee Flood
Interlocutory; summary judgment; issue of material fact; issue of law; deed; conveyance; ambiguous deed; inconsistent clauses; effect; intent; N.C. Gen. Stat. Section 39-1.1(a); deed construction; tenancy by the entirety; intestacy; heirs; estate; interest
Hernandez v. Hajoca Corp.  (23-1001 - Published)   Author: Judge John Tyson
Jurisdiction Industrial Commission; Jurisdiction of Superior Court; Third-Party Complaint; Exclusivity Provision of Workers Compensation Act; Indemnification and Contribution;
In re: L.C.  (23-759 - Published)   Author: Judge Julee Flood
Child care; termination of parental rights; neglect; adjudication; jurisdiction; parent; parentage; definition; legal status; rights; impairment
N.C. Bar & Tavern Ass'n v. Cooper  (22-725 - Published)   Author: Judge April Wood
COVID-19; Executive Orders; Closure of businesses; Closures of bars; Fruits of Labor Clause; N.C. Const. art. I, § 1; Equal Protection; N.C. Const. art. I, § 19; Emergency Management Act; N.C. Gen. Stat. § 166A-19.73; Public Records Act; N.C. Gen. Stat. § 132-9; N.C. Gen. Stat. § 7A-38.3E; Takings clause; Fifth Amendment; Regulatory taking; Compensation; Attorneys’ fees.
Schroeder v. The Oak Grove Farm Homeowners Ass'n  (22-919 - Published)   Author: Judge Donna Stroud
restrictive covenants, directed verdict, judgment notwithstanding the verdict, household pets, commercial purpose
State v. Dobson  (23-568 - Published)   Author: Judge Valerie Zachary
motion to suppress; vehicle search; industrial hemp; odor of marijuana; probable cause
State v. Grant  (23-656 - Published)   Author: Judge Allegra Collins
Fifth Amendment; N.C. Const. art. I, section 23; N.C. Gen. Stat. section 8-54; right not to testify; improper comment; closing argument;
T.H. v. SHL Health Two, Inc.  (23-665 - Published)   Author: Judge Jeff Carpenter
Motion to Dismiss; Voluntary Dismissal with Prejudice; Rule 60(b)(1); Rule 60(b)(6); Affirmed.
Unpublished Opinions
16 April 2024  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 6 May 2024 

Adams v. Hajoca Corp. (23-1006 - Unpublished)   Author: Per Curiam
Worker's Compensation; Indemnification; Civil suit; Subject matter jurisdiction;
D.D. v. SHL Health Four, Inc. (23-666 - Unpublished)   Author: Judge Jeff Carpenter
Motion to Dismiss; Voluntary Dismissal with Prejudice; Rule 60(b)(1); Rule 60(b)(6); Affirmed.
In re: A.R.D., A.R.S. (23-658 - Unpublished)   Author: Per Curiam
Termination of parental rights
In re: A.Z.R. (23-908 - Unpublished)   Author: Judge Michael Stading
Termination of parental rights; no-merit brief; rule 3.1.(e)
In re: K.F.C. (23-971 - Unpublished)   Author: Per Curiam
termination of parental rights; N.C.R. App. P. 3.1(e); no-merit brief
In re: L.R., C.M., W.M. (23-705 - Unpublished)   Author: Per Curiam
adjudication; neglect; case plan requirements
In re: M.J.M., E.K.M. (23-732 - Unpublished)   Author: Judge Donna Stroud
termination of parental rights, withdrawal of counsel, motion to withdraw
In re: M.M. (23-623 - Unpublished)   Author: Per Curiam
Permanency Planning Hearing; Competent Evidence; Findings of Fact; Reunification; Dispositional Choice; No Abuse of Discretion.
In re: N.F.P-C. & E.S.P-C. (23-851 - Unpublished)   Author: Judge Carolyn Thompson
Termination of parental rights
In re: P.H., A.H., I.H., L.H., N.H., F.H., H.H. (23-39 - Unpublished)   Author: Per Curiam
neglect, injurious environment, placement outside of home
In re: P.N.F. (23-912 - Unpublished)   Author: Judge Julee Flood
Termination of parental rights; findings of fact; TPR; abuse; neglect; dependency.
In re: P.R., Z.R., M.V., Z.C., C.R. (23-763 - Unpublished)   Author: Judge Valerie Zachary
abused and neglected juveniles; cessation of reunification efforts; petitions for writ of certiorari; failure to make adequate progress on case plans
Jones v. N.C. Dep't of Transp. (23-757 - Unpublished)   Author: Judge Tobias Hampson
notice of appeal; Tort Claims Act; Tort Claims Rules
Luxeyard, Inc. v. Klinek (23-555 - Unpublished)   Author: Judge Jefferson Griffin
Service of process; N.C. R. Civ. P. 4(j)(1)(c); affidavit showing reception "in fact" and return receipt; Covid-19 contactless service, no signature, insufficient for certified mail
Newell v. Newell (23-669 - Unpublished)   Author: Judge Jeff Carpenter
N.C. Gen. Stat. § 50-16.3A; Alimony; Arrears; Child Support; Abuse of Discretion; Conclusions of Law
Sanchez v. Hajoca Corp. (23-1003 - Unpublished)   Author: Per Curiam
Worker's Compensation; Indemnification; Civil suit; Subject matter jurisdiction;
Singleton v. McNabb (23-309 - Unpublished)   Author: Judge Tobias Hampson
Discovery violations, sanctions, interlocutory appeal
State of N.C. v. Buchanan (23-762 - Unpublished)   Author: Judge Chris Dillon
sealed records, sui generis, disciplinary proceedings
State v. Avery (23-750 - Unpublished)   Author: Judge Valerie Zachary
appellate jurisdiction; Rule 4; no prejudice; merits of appeal; revocation of probation; subject-matter jurisdiction; expiration of probationary term; remand for clerical error
State v. Blount (23-1016 - Unpublished)   Author: Judge Carolyn Thompson
Anders brief re: criminal conviction
State v. Chandler (23-634 - Unpublished)   Author: Judge John Arrowood
motion to suppress, reasonable suspicion to conduct traffic stop
State v. Cozart (23-1022 - Unpublished)   Author: Per Curiam
Direct criminal contempt; opportunity to respond; N.C. Gen. Stat. Section 5A-14
State v. Earnell (23-498 - Unpublished)   Author: Judge Fred Gore
Rule 803(4) medical diagnosis or treatment hearsay exception; confrontation clause; harmless error; Harbison error; arrested judgment
State v. Green (23-900 - Unpublished)   Author: Judge Carolyn Thompson
Amendment of indictment
State v. Hawthorne (23-906 - Unpublished)   Author: Judge Fred Gore
Alford plea; factual basis; N.C.R. App. P. 10(a)(1); lack of jurisdiction
State v. Johnson-Bryant (23-887 - Unpublished)   Author: Judge John Arrowood
Intent to appeal readily inferred; lesser-included offense instruction not prejudicial; mistrial ex mero motu; curative instructions; ineffective assistance of counsel.
State v. Long (23-462 - Unpublished)   Author: Judge Hunter Murphy
motion to continue, discovery, evidence of value
State v. Murdock (23-948 - Unpublished)   Author: Judge Carolyn Thompson
Probation revocation
State v. Rudisill (23-334 - Unpublished)   Author: Judge Tobias Hampson
motion to dismiss; fatal variance; sufficiency of indictment
State v. Tamba (23-813 - Unpublished)   Author: Judge Julee Flood
Pro se; waiver of counsel; written; N.C. Gen. Sat. Section 15A-1242(3); inquiry; permissible range of punishments; knowing, intelligent, and voluntary; certified; presumption; State v. Wall, 184 N.C. App. 280, 645 S.E.2d 829 (2007); State v. Frederick, 222 N.C. App. 576, 730 S.E.2d 275 (2012)
State v. Young (23-722 - Unpublished)   Author: Judge John Arrowood
relevance and prejudicial effect of evidence, expert testimony, ex mero motu intervention in closing argument
Thomas v. Thomas (23-859 - Unpublished)   Author: Judge Fred Gore
interim distribution order; interlocutory appeal; bare assertion of substantial right
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 31 PETITIONS AND 228 MOTIONS.


Filed: 2 April 2024
Mandate: 22 April 2024
Zip File of Published Opinions

Case Title / Description
Ayers v. Currituck Cnty. Dep't of Soc. Servs.  (23-420 - Published)   Author: Judge Hunter Murphy
office of administrative hearings review, just cause, and unacceptable personal conduct.
Dan King Plumbing Heating & Air, LLC v. Harrison  (23-752 - Published)   Author: Judge April Wood
Order granting a new trial; Appeal as of right; UDTP (unfair and deceptive trade practices); Remand; Conform to appellate opinion; N.C. Gen. Stat. § 7A-53; N.C. R. Civ. P. 63; Entry of judgment.
Garland v. Orange Cnty.  (23-588 - Published)   Author: Judge John Arrowood
motion to partially dismiss appeal, motion to dismiss cross-appeal, PWC, enforcement of settlement agreement, motion to dismiss on untimely complaint.
Griffing v. Gray, Layton, Kersh, Solomon, Furr & Smith, P.A.  (23-710 - Published)   Author: Judge Valerie Zachary
interlocutory jurisdiction; substantial right; arbitration; no valid agreement to arbitrate; equitable estoppel; third-party beneficiary
Hunter Haven Farms, LLC v. The City of Greenville Bd. of Adjustment  (23-662 - Published)   Author: Judge Allegra Collins
N.C. Gen. Stat. 160D-1402; quasi-judicial decision; petition for writ of certiorari; participation in proceedings;
Knuckles v. Simpson  (23-257 - Published)   Author: Judge Tobias Hampson
Petition for determination of abandonment, willful abandonment, factual findings supported by sufficient evidence, credibility and weight of evidence
N.C. Cemetery Comm'n v. Smoky Mountain Mem'l Parks, Inc.  (23-761 - Published)   Author: Judge Carolyn Thompson
Unauthorized transfer of land designated as cemetery in violation of NC Cemetery Act
State v. Hernandez  (23-832 - Published)   Author: Judge Julee Flood
PWC; merit; plain error; de novo; magistrate; great deference; substantial basis; probable cause; nexus; reasonable cause; incriminating evidence; reasonable inference; prudent; practical; purely conclusory; underlying circumstances; training and experience; IAC; prejudice; double jeopardy; sole basis
State v. Taylor  (23-423 - Published)   Author: Judge April Wood
DWI, Highway collision, Inhalants, Preservation of constitutional issues, N.C. R. App. P. 10(a)(4), Sixth Amendment, Expert witness, Right to confrontation, Rule of Evidence 404(b), Rule of Evidence 403, Evidence of malice.
State v. Walker  (23-319 - Published)   Author: Judge April Wood
N.C. Gen. Stat. § 14-190.16(a)(1); First-degree sexual exploitation of a minor; N.C. Gen. Stat. § 14-190.17(a)(2); Second-degree sexual exploitation of a minor; Lesser-included offense; Witness improperly instructing the jury; Misnaming the charged offense; Curative Instruction
Turpin v. Charlotte Latin Sch., Inc.  (23-252 - Published)   Author: Judge Carolyn Thompson
Appeal by plaintiffs from TC's granting in part/denying in part defendants' 12(b)(6) motion to dismiss nine claims of plaintiffs re: fraud, UDTP, negligent misrepresentation, negligent infliction of emotional distress, negligent supervision and retention, slander, libel, breach of contract, breach of implied covenant of good faith and fair dealing
Unpublished Opinions
2 April 2024  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 22 April 2024 

603 Glenwood, Inc. v. 616 Glenwood, LLC (22-943 - Unpublished)   Author: Judge Donna Stroud
contract formation, motion to enforce settlement agreement, summary judgment, statute of frauds
Baxter v. N.C. State Highway Patrol Troop F Dist. V (23-605 - Unpublished)   Author: Judge Tobias Hampson
Industrial commission, intentional tort, subject matter jurisdiction
Edens v. City of Hamlet (23-773 - Unpublished)   Author: Judge April Wood
N.C. R. Civ. P. 12(b)(1); Subject matter jurisdiction; Failure to exhaust administrative remedies; City ordinance; Order to demolish; Housing code.
Guarascio v. Guarascio (23-616 - Unpublished)   Author: Judge John Tyson
Order of sale; Judicial partition; Abandonment of arguments; Waiver of appellate review;
Hunter v. Hunter (23-937 - Unpublished)   Author: Judge Jefferson Griffin
Domestic Violence Protection Order; Competency of Evidence; Evidentiary Weight; Findings of Fact; Conclusions of Law; Self-Defense; Aggressor Doctrine
In re: A.J.C.R. & C.A.S. (23-973 - Unpublished)   Author: Judge April Wood
Neglect; N.C. Gen. Stat. § 7B-1111(a)(1); N.C. Gen. Stat. § 7B-101(15)(a); Failure to make progress in completing a case plan; Mental health; Medication management; Likelihood of the repetition of neglect.
In re: B.L., Jr. (23-861 - Unpublished)   Author: Judge Carolyn Thompson
Termination of parental rights
In re: E.M. (23-884 - Unpublished)   Author: Judge Carolyn Thompson
Adjudication of delinquent juvenile; incorrect disposition order level; failure of court to make FoF re: restitution
In re: E.P. (23-709 - Unpublished)   Author: Per Curiam
Motion to Dismiss Appeal, Mootness, Adverse Collateral Consequence Exception, Age of Majority, Dismissed.
In re: H.A.M. (23-852 - Unpublished)   Author: Judge Allegra Collins
termination of parental rights; willful abandonment; best interests determination
In re: J.F., T.F., S.F., K.F. (23-777 - Unpublished)   Author: Judge Tobias Hampson
Termination of parental rights, best interest, likelihood of adoption, relevant consideration, relative placement
In re: K-G.L.S. (23-869 - Unpublished)   Author: Judge Michael Stading
termination of parental rights; willful abandonment; best interests
In re: K.D. (23-805 - Unpublished)   Author: Judge John Arrowood
Termination of parental rights; N.C.G.S. 7B-1111(a)(3); willful failure to pay a reasonable portion of the cost of care; sporadic provision of gifts; occasional small payments.
In re: K.P. (23-701 - Unpublished)   Author: Judge Hunter Murphy
Termination of parental rights, burden of proof, willfulness
In re: K.R., E.R., A.A., Jr. (23-532 - Unpublished)   Author: Per Curiam
Adjudication, neglected juvenile, abused juvenile, findings of fact, abuse of another child
In re: M.C.L., C.J.L., J.H.L., IV (23-784 - Unpublished)   Author: Judge Carolyn Thompson
Termination of parental rights
In re: M.G.B., T.J.B., H.E.D. (23-877 - Unpublished)   Author: Judge Tobias Hampson
no-merit brief; termination of parental rights; Fifth Amendment
In re: M.J.W., K.E.W. (23-717 - Unpublished)   Author: Judge Donna Stroud
termination of parental rights, willful abandonment, findings of fact
In re: M.M.D. (23-934 - Unpublished)   Author: Per Curiam
Termination of parental rights
In re: M.R.B. (23-825 - Unpublished)   Author: Judge Michael Stading
placement; trial court; juvenile; best interest; substance abuse; foster; visitation; neglect; willful; abandonment; dependency.
In re: R.S.W. (23-482 - Unpublished)   Author: Per Curiam
termination of parental rights; neglect; best interests of the child
In re: S.M.V. (23-958 - Unpublished)   Author: Judge Michael Stading
termination of parental rights; amended petition; willful abandonment; best interests of the juvenile
In re: Z.A. & M.P. (23-782 - Unpublished)   Author: Judge April Wood
Termination of parental rights; Willful failure to make reasonable progress; N.C. Gen. Stat. § 7B-1111(a)(2); Opioid use disorder; Substance abuse; Mental health; Entering numerous treatment facilities without obtaining and maintaining sobriety does not equate to reasonable efforts.
Lawing v. Miller (23-858 - Unpublished)   Author: Judge Tobias Hampson
collateral attack; order designating exempt property; judgment debtor
Risueno v. Purdue Pharma L.P. (23-842 - Unpublished)   Author: Judge Jefferson Griffin
Motion to dismiss; Subject matter jurisdiction; Petition for judicial review; Appeals decision; Higher authority decision; Lack of service; Jurisdiction; PWC; N.C. Gen. Stat. § 96-15(h)
State v. Cornwell (23-36 - Unpublished)   Author: Judge Hunter Murphy
continuing criminal enterprise, sufficiency of the indictment, subject matter jurisdiction.
State v. Davidson (23-258 - Unpublished)   Author: Judge Tobias Hampson
1st degree Murder; Motion to Dismiss; Motion to Suppress; Ineffective Assistance of Counsel; Unanimous Jury Verdict
State v. Harrell (23-583 - Unpublished)   Author: Judge Tobias Hampson
driver’s license checkpoint; ineffective assistance of counsel; plain error
State v. Johnson (23-874 - Unpublished)   Author: Per Curiam
sentencing; prior record level
State v. Sweat (23-609 - Unpublished)   Author: Judge John Arrowood
Plea arrangement; no right to appeal; petition for writ of certiorari; restitution worksheet; victims; aggrieved parties; clerical error.
State v. Thompson (23-643 - Unpublished)   Author: Judge Julee Flood
motion to dismiss; substantial evidence; essential elements; perpetrator; sufficiency; possession of a firearm by a felon; constructive possession; totality of the circumstances; plain error; prejudice; probable impact; Rule 901(a); substantive evidence; illustrate; testimony; video; Rule 401; relevancy; tendency; more probable or less probable; prior felony; IAC; reasonable probability
State v. Walker (23-963 - Unpublished)   Author: Judge Jefferson Griffin
Trafficking; Methamphetamine; Anders Brief; Meritorious Issue; Independent Review; Wholly Frivolous
State v. White (23-596 - Unpublished)   Author: Judge John Tyson
Robbery with a dangerous weapon, possession of a firearm by a felon, juror exclusion
Taksa v. Crull (23-753 - Unpublished)   Author: Judge Allegra Collins
motion to compel arbitration; scope of arbitration agreement
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 31 PETITIONS AND 228 MOTIONS.


Filed: 19 March 2024
Mandate: 8 April 2024
Zip File of Published Opinions

Case Title / Description
Builders Mut. Ins. Co. v. Neibel  (23-240 - Published)   Author: Judge Tobias Hampson
summary judgment; service by publication; due diligence
Costanzo v. Currituck Cnty.  (22-699 - Published)   Author: Judge Michael Stading
ultra vires; occupancy taxes; judgment; discretion; summary judgment; general public services; statutory construction; legislative intent; plain meaning; declaratory judgment.
eDealer Servs., LLC v. N.C. Dep't of Transp.  (23-680 - Published)   Author: Judge Julee Flood
administrative law; standards of review; findings of fact; administrative procedures act; information technology contracts
Fletcher Hosp. Inc. v. N.C. Dep't of Health & Hum. Servs.  (23-672 - Published)   Author: Judge Fred Gore
summary judgment; certificate of need; N.C.G.S. § 131E-185(a1)(2); public hearing requirement; COVID-19 pandemic; public policy concerns; N.C.G.S. § 150B-23(a); contested case hearing; agency error; substantial prejudice; discrete requirements; no automatic prejudice
Green v. Carter  (22-494 - Published)   Author: Judge Donna Stroud
child support, statutory interpretation, collateral estoppel, primary liability, secondary liability, in loco parentis
Hudson v. Hudson  (22-1000 - Published)   Author: Judge Donna Stroud
child support, alimony, recusal, Rule 63
In re: Oak Meadows Cmty. Ass'n  (23-728 - Published)   Author: Judge Valerie Zachary
property tax exemption; "provide housing"; statutory interpretation
In re: X.M., M.M., M.M., P.C.  (23-655 - Published)   Author: Judge John Tyson
Termination of Parental Rights; N.C. Gen. Stat § 7B-1111(a)(2); Substance Abuse; Transcription Error; Failure to Support;
N.C. State Conf. of the NAACP v. Alamance Cnty.  (23-262 - Published)   Author: Judge Chris Dillon
Confederate monument, open courts clause, equal protection clause, NC Constitution
Perryman v. Town of Summerfield  (23-40 - Published)   Author: Judge Tobias Hampson
N.C.G.S. 1-521; taxpayer standing; N.C. R Civ P 12(b)(1); N.C. R Civ P 12(b)(6); quo warranto; collateral attack; res judicata; collateral estoppel.
State v. Bivins  (23-550 - Published)   Author: Judge John Tyson
Possession of Methamphetamine; Prior Record Level; Obtaining Habitual Felon Status; Plea Agreement; State conceded sentencing error;
State v. Jackson  (23-636 - Published)   Author: Judge Tobias Hampson
felony murder; motion to dismiss; plain error; jury instructions; defense of necessity
State v. Jackson  (23-727 - Published)   Author: Judge John Arrowood
Motion to suppress; plain feel doctrine; pill bottles; probable cause; totality of the circumstances; inevitable discovery; material conflict in the evidence; inferred findings of fact.
State v. McLawhon  (23-814 - Published)   Author: Judge Allegra Collins
statutory sexual offense with a child by an adult, sexual act by a substitute parent or custodian, indecent liberties with a child, plain error, testimony, pre-arrest silence, cross-examination
State v. Shelton  (23-729 - Published)   Author: Judge Jefferson Griffin
Sexual exploitation of a minor; sufficiency of circumstantial evidence; sexual activity; lascivious depiction of pubic area; photographs not admitted at trial
State v. Templeton  (23-443 - Published)   Author: Judge Tobias Hampson
defense of necessity; jury instruction; affirmative defense
Sternola v. Aljian  (23-266 - Published)   Author: Judge John Tyson
Custody order; Taking Judicial Notice; Adjudicative Facts; Imputed Income; Delayed Entry of Order;
Warren v. Snowshoe LTC Grp., LLC  (22-595 - Published)   Author: Judge Tobias Hampson
N.C.R. Civ. P. 6(b), N.C.R. Civ. P. 41(a), statute of limitations, appellate rules violations, certiorari
Unpublished Opinions
19 March 2024  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 8 April 2024 

Burleson v. Burleson (23-187 - Unpublished)   Author: Judge Michael Stading
Rule 11; award; attorney's fees; separation; mediation; frivolous claim; divorce; summary judgment.
In re: A.A.C., A.G.C., E.C.C. (23-355 - Unpublished)   Author: Per Curiam
termination of parental rights; N.C. Gen. Stat. 7B-1111(a)(7); willful abandonment
In re: A.Z.M.M. (23-539 - Unpublished)   Author: Per Curiam
notary, expiration, judicial notice
In re: C.W.M. (23-702 - Unpublished)   Author: Judge Donna Stroud
termination of parental rights, willful failure to make reasonable progress, findings of fact
In re: D.G.E., L.M.A.E., A.R.E. (23-622 - Unpublished)   Author: Judge Chris Dillon
termination of parental rights, incarceration, reasonable progress
In re: E.D-A. (22-1002 - Unpublished)   Author: Judge Hunter Murphy
termination of parental rights, residing in the home, motion for recusal
In re: E.G.C., P.K.C. (23-683 - Unpublished)   Author: Judge Fred Gore
Rule 803(4); Fifth Amendment privilege against self-incrimination; N.C.G.S. § 7B-1111(a)(1)
In re: K.M.S. (23-787 - Unpublished)   Author: Judge Michael Stading
placement; trial court; juvenile; best interest; ad litem; injuries; foster; visitation; no merit.
In re: L.L. (23-273 - Unpublished)   Author: Per Curiam
Rule 3.1; Juvenile Abuse Neglect Dependency Proceeding; Permanency Plan; Guardianship; No Abuse of Discretion, Competent Evidence, Clear and Convincing; Affirmed
In re: M.G.W. (23-271) - [Withdrawn by order of the Court]
In re: S.C. (23-615 - Unpublished)   Author: Judge Hunter Murphy
appeal timeframes, motion to dismiss, provision providing greater punishment
In re: S.D.Z. (23-828 - Unpublished)   Author: Judge Valerie Zachary
termination of parental rights; willful abandonment; private petition; best interests determination
In re: S.M.B. & G.B. (23-862 - Unpublished)   Author: Judge Allegra Collins
adjudication order, neglect, N.C. R. App. P. 3.1(e), no-merit brief
In re: Z.C. (23-835 - Unpublished)   Author: Judge Jefferson Griffin
Termination of parental rights; Adjudication; Disposition; N.C. Gen. Stat. § 7B-1111(a)(1); Neglect; Findings of Fact; Conclusions of law; Grounds for termination; Clear, cogent, and convincing evidence
Kean v. Kean (23-46 - Unpublished)   Author: Judge Allegra Collins
summary judgment; breach of contract; specific performance; contract interpretation
State v. Allison (23-635 - Unpublished)   Author: Judge Chris Dillon
castle doctrine, plain error, presumption of reasonableness, rebuttable
State v. Bennett (23-461 - Unpublished)   Author: Judge Valerie Zachary
larceny of a firearm; assault with a deadly weapon; habitual felon; admissibility of felony conviction; intent
State v. Boyce (23-779 - Unpublished)   Author: Judge Jeff Carpenter
Jury Instructions; Flight; Ineffective Assistance of Counsel Claim; No Error.
State v. Burnette (23-162 - Unpublished)   Author: Judge Tobias Hampson
Motion for Mistrial, Prior Record Level Determination
State v. Calderon (23-400 - Unpublished)   Author: Judge John Tyson
First Degree Murder; Premeditation and Deliberation; Motion to dismiss; Lack of Provocation;
State v. Conner (23-470 - Unpublished)   Author: Judge April Wood
N.C. Gen. Stat. § 15A-1340.19B(a)(2); Life with the possibility of parole for juvenile offenders; 40-year bright-line rule; Defacto life without parole; Law of the case; N.C. Gen. Stat. § 15A-1354(a) (2023).
State v. Covington (23-480 - Unpublished)   Author: Per Curiam
motion for appropriate relief; Anders v. California; State v. Kinch; possible prejudicial error; wholly frivolous
State v. Crump (23-53 - Unpublished)   Author: Judge Donna Stroud
unauthorized use of a motor vehicle, reasonable suspicion, motion to suppress
State v. Hancock (23-758 - Unpublished)   Author: Judge Fred Gore
Motion to Dismiss; N.C.G.S. § 90-95(a)(1)
State v. Jones (23-687 - Unpublished)   Author: Per Curiam
probation revocation; commission of a new criminal offense; no abuse of discretion
State v. Leggette (23-849 - Unpublished)   Author: Judge Valerie Zachary
probation revocation; revocation post-expiration of probationary term; no finding of "good cause"; remand for findings
State v. Lewis (23-644 - Unpublished)   Author: Judge Valerie Zachary
Alford plea; Anders brief; remand for correction of clerical errors
State v. Melvin (22-859 - Unpublished)   Author: Judge Donna Stroud
assault with deadly weapon inflicting serious injury, assault inflicting serious injury, deadly weapon
State v. Pate (23-738 - Unpublished)   Author: Judge Fred Gore
Hearsay; clerical error
State v. Price (23-367 - Unpublished)   Author: Judge John Tyson
Restitution award; Remand for a new award; State conceded error;
State v. Rick (23-10 - Unpublished)   Author: Judge Donna Stroud
first degree murder, opinion testimony, testimony regarding truthfulness
State v. Swain (23-807 - Unpublished)   Author: Judge Jefferson Griffin
Anders brief; No meritorious issue; Dismissed
State v. Walker (23-681 - Unpublished)   Author: Judge Valerie Zachary
attempted first-degree murder; robbery with a dangerous weapon; pro se defendant; waiver of the right to counsel; failure to sua sponte declare a mistrial; no error
Stroupe v. Wood (23-127 - Unpublished)   Author: Judge Hunter Murphy
contributory negligence, directed verdict, jury instructions
The Est. of Teruyo Barry v. Blue (23-599 - Unpublished)   Author: Judge April Wood
N.C. R. Civ. P. 59; N.C. R. Civ. P. 60; Motion to amend judgment; Motion to conform judgment; N.C. R. App. P. 10(a)(1)–(2); tortious interference with inheritance.
Venters v. Lanier (23-870 - Unpublished)   Author: Judge John Arrowood
interlocutory appeal; order allowing motion to amend request for admissions and to reconsider summary judgment does not affect a substantial right.
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 31 PETITIONS AND 228 MOTIONS.


Filed: 5 March 2024
Mandate: 25 March 2024
Zip File of Published Opinions

Case Title / Description
Causey v. Southland Nat'l Ins. Corp.  (23-725 - Published)   Author: Judge Julee Flood
Liquidation; Rehabilitation; intervention; intervenor; standing; permissive intervention; intervention of right
Happel v. Guilford Cnty. Bd. of Educ.  (23-487 - Published)   Author: Judge April Wood
42 U.S.C. § 247d-6d; PREP Act; COVID liability immunity; Federal preemption; N.C. Gen. Stat. § 90-21.5(a1); COVID vaccination.
In re: R.G.  (23-625 - Published)   Author: Judge John Arrowood
permanency planning order; UCCJEA; reunification; NCGS 7B-1001; foreign court order.
In re: R.G.  (23-790 - Published)   Author: Judge John Arrowood
permanency planning order; UCCJEA; reunification; NCGS 7B-1001; foreign court order.
Robinson v. Halifax Reg'l Med. Ctr.  (23-641 - Published)   Author: Judge Fred Gore
expert witness; qualify; discovery; reasonable expectation; N.C. R. Civ. P. 9(j); N.C. R. Evid. 702; certification; motion to dismiss; malpractice claim; wrongful death claim
State v. Aguilar  (23-556 - Published)   Author: Judge Tobias Hampson
Rule of evidence 701; lay opinion testimony; error preservation; rule of evidence 608(a)
State v. George  (22-958 - Published)   Author: Judge Michael Stading
trial court; reasonable suspicion; CBD; dog sniff; open air sniff; controlled substance; law enforcement officer; implicate; Hemp Act; motion to suppress; habitual felon; trafficking; heroin; possession; reasonable stop; marijuana residue; destroying evidence; resisting a public officer.
State v. Jackson  (22-280 - Published)   Author: Judge Jefferson Griffin
Second-degree forcible sex offense; Second-degree forcible rape; First-degree kidnapping; Assault on a female; Interfering emergency communication; Assault with a deadly weapon; Assault inflicting serious injury; Habitual misdemeanor assault; Sixth Amendment; Ineffective assistance of counsel; Structural error; Jurisdiction; Absolute impasse; Harbison error; Admit guilt; Closing argument; Physical injury; Serious injury; N.C. Gen. Stat. § 14-33.2; Indictment; Facial validity; No error.
State v. Lindsay  (23-563 - Published)   Author: Judge John Arrowood
Hearsay; prior consistent statements; corroborative evidence; closing arguments; ex mero motu; plain error; bench trial; presumption that the trial judge ignored inadmissible evidence.
State v. Smith  (23-645 - Published)   Author: Judge Allegra Collins
driving while impaired, notice of appeal, petition for writ of certiorari, motion to dismiss, ineffective assistance of counsel, substantial evidence
State v. Smith  (23-575 - Published)   Author: Judge Julee Flood
contempt; right to counsel; forfeiture
Unpublished Opinions
5 March 2024  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 25 March 2024 

Blackwell v. N.C. Dep't of Pub. Instruction/Buncombe Cnty. Sch. (23-418 - Unpublished)   Author: Judge Chris Dillon
lump sum payment, disability, unusual case, best interest of the employee
C.J. Chadwick & Assocs., LLC v. Chadwick (23-515 - Unpublished)   Author: Judge John Arrowood
preliminary injunction; adverse possession; irreparable harm; competent evidence.
Curlings v. Ireland (23-767 - Unpublished)   Author: Judge Fred Gore
motor vehicle collision; opinion of law enforcement officer; N.C. R. Evid. 702; cross-examination; “opening the door;” evidentiary ruling; abuse of discretion standard
Fenty v. Wake Cnty. Pub. Sch. Sys./N.C. Dep't of Pub. Instruction (23-696 - Unpublished)   Author: Judge John Arrowood
Industrial Commission, worker’s compensation, disability
Heijmen v. Heijmen (23-509 - Unpublished)   Author: Judge Chris Dillon
motion to compel discovery, child custody
In re: A.A.G. (23-766 - Unpublished)   Author: Judge Jefferson Griffin
Adjudication and disposition; Termination of parental rights; N.C. Gen. Stat. § 7B-1111(a)(9); Conclusion of law; Ultimate finding
In re: A.W. (23-455 - Unpublished)   Author: Per Curiam
termination of parental rights, insufficient findings of fact, neglected juvenile, remand
In re: B.L.J. (23-582 - Unpublished)   Author: Per Curiam
Termination of parental rights
In re: D.J.W. (23-347 - Unpublished)   Author: Judge Donna Stroud
Termination of Parental Rights, Motion to Dismiss
In re: E.C. (23-143 - Unpublished)   Author: Per Curiam
permanency planning; child custody; N.C. Gen. Stat. section 7B-911
In re: K.E., Jr. & K.E. (23-570 - Unpublished)   Author: Judge Fred Gore
3.1 TPR; N.C.G.S. § 7B-1111(a)(1);
In re: L.E., I.Z.E., G.E., A.E., D.A. (23-191 - Unpublished)   Author: Judge Jeff Carpenter
Juvenile Adjudication and Disposition; Right to Counsel, Waiver of Counsel, Knowing and Voluntary Waiver, Gatekeeping Order, Modification of Visitation, De Novo, Abuse of Discretion; Vacated; Remanded.
In re: R.V.D. (23-613 - Unpublished)   Author: Judge John Tyson
Termination of Parental Rights; N.C. Gen. Stat. § 7B-1111(a)(6); Dependency; Appropriate Child Care Arrangement; Care and Supervision;
In re: V.W. (23-649 - Unpublished)   Author: Per Curiam
no-merit brief, termination of parental rights, independent appellate review
Keenan v. Fed. Express Corp. (23-723 - Unpublished)   Author: Judge Jefferson Griffin
Workers' Compensation; expert testimony; medical diagnosis; causation of injuries; sufficiency of evidence
Miller v. Soudrette (23-493 - Unpublished)   Author: Judge Fred Gore
12(b)(6) motion to dismiss; N.C.G.S. § 47G-2(b);
State v. Bennett (23-502 - Unpublished)   Author: Judge Jefferson Griffin
Jury trial; Trafficking cocaine; Possession with intent to sell or deliver cocaine; Cocaine; Rule 702; Expert witness; Expert testimony; Foundation; IAC; Jury instruction; Plain Error; Methodology; Baseless speculation; Chemical analysis
State v. Corpening (23-707 - Unpublished)   Author: Judge April Wood
N.C. R. App. P. 21(a)(1); Treat an appeal as a petition for writ of certiorari; Direct criminal contempt; N.C. Gen. Stat. § 5A-11.
State v. Freeman (23-731 - Unpublished)   Author: Judge John Arrowood
plain error, Rule 609 evidence, flee to elude arrest
State v. Hudson (23-336 - Unpublished)   Author: Judge Michael Stading
firearm; constructive possession; passenger; seat; felon; trial court; front passenger seat; jury; prejudicial statement; guilty; totality of the circumstances; jury instructions.
State v. Lawson (23-611 - Unpublished)   Author: Judge Fred Gore
hearsay; plain error; ineffective assistance of counsel
State v. McDowell (23-277 - Unpublished)   Author: Judge Jefferson Griffin
first-degree murder; prior statements as corroborative evidence; additional facts adding weight and credibility; custodial interrogation of a minor; age of majority for minors; co-inmate not an agent of the State
State v. McKinley (23-442 - Unpublished)   Author: Judge Chris Dillon
impeachment evidence, self-defense instruction, cumulative error
State v. Ospina (23-454 - Unpublished)   Author: Judge Julee Flood
Indecent Liberties with a Minor; PWC; writ of certiorari; sexual gratification; arousal
Strickland v. Strickland (23-353 - Unpublished)   Author: Judge Allegra Collins
equitable distribution order; service of process; joinder; failure to join a necessary party;
Webster v. Devane-Webster (22-975 - Unpublished)   Author: Judge Michael Stading
trial court; postseparation support; contempt; parenting coordinator; purge; permanent child support; attorney's fees.
Webster v. Devane-Webster (22-976 - Unpublished)   Author: Judge Michael Stading
trial court; postseparation support; contempt; parenting coordinator; purge; permanent child support; attorney's fees.
Webster v. Devane-Webster (22-977 - Unpublished)   Author: Judge Michael Stading
trial court; postseparation support; contempt; parenting coordinator; purge; permanent child support; attorney's fees.
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 31 PETITIONS AND 228 MOTIONS.


Filed: 20 February 2024
Mandate: 11 March 2024
Zip File of Published Opinions

Case Title / Description
Cape Homeowners Ass'n, Inc. v. S. Destiny, LLC  (23-593 - Published)   Author: Judge Allegra Collins
interlocutory, lack of appellate jurisdiction, substantial right, motion to intervene, property rights, statement of the grounds for appellate review
Durbin v. Durbin  (23-308 - Published)   Author: Judge Hunter Murphy
modification of child custody, parenting coordinator, substantial change in circumstances.
In re: Jones  (23-594 - Published)   Author: Judge Valerie Zachary
reverse mortgage; valid debt; credit-counseling provision; equitable defenses
In re: Laliveres  (23-742 - Published)   Author: Judge April Wood
Sex offender registration; Substantially similar offense; Reportable offense; Out-of-State offense; N.C. Gen. Stat. § 14-27.22; N.C. Gen. Stat. § 14-208.12B(c); Sex Offender and Public Protection Registration Program; N.C. Gen. Stat. § 14-208.7(a).
Longphre v. KT Fin., LLC  (23-660 - Published)   Author: Judge John Tyson
Promissory Note; Entity Borrower; Plain and Unambiguous Terms; Accrual of Interest; N.C. Gen. Stat. § 24-3(1)(2023); Statutory Attorney's Fees; Prior Notice to Seek; N.C. Gen. Stat. § 6-21.2(1)-(2)(2023);
Smith v. Smith  (23-339 - Published)   Author: Judge April Wood
Equitable distribution; Unequal distribution; N.C. Gen. Stat. § 50-20(c)
State v. Chambers  (22-1063 - Published)   Author: Judge Chris Dillon
juror substitution, jury deliberations, properly constituted jury, NC Constitution, Article 1, Section 24, NC Gen Stat. 15A-1215 (a)
State v. Coffey  (22-883 - Published)   Author: Judge Tobias Hampson
sufficiency of indictment; common law obstruction of justice; motion to dismiss
State v. Cox  (23-260 - Published)   Author: Judge Tobias Hampson
plain error; expert witness qualification; Rule of Evidence 702; expert testimony
State v. Hair  (22-987 - Published)   Author: Judge Donna Stroud
jury instruction, sever, joinder, plain error
State v. Jones  (23-647 - Published)   Author: Judge John Tyson
Felon Fleeing to Elude Arrest; Assault on Law Enforcement Officer; Waiver and/or Forfeiture of Counsel; N.C. Gen. Stat. 15A-1242; Expert Witness; Rule 702; Plain Rule;
State v. Martin  (23-190 - Published)   Author: Judge Allegra Collins
no error in failing to dismiss charges for insufficient evidence; no error in admitting Rule 404(b) evidence; no error in failing to intervene ex mero motu in opening statement and closing argument; dismissal of ineffective assistance of counsel claim without prejudice
State v. Miller  (22-689 - Published)   Author: Judge Jeff Carpenter
Statutory Interpretation; N.C. Gen. Stat. § 90-95(h)(4); Stare Decisis; Motion to Dismiss; Jury Instructions; Sentencing Factors.
State v. Simpson  (23-562 - Published)   Author: Judge April Wood
Jury selection; Judge excusing jurors for cause without challenge by party; Excusing for cause; Motion to dismiss; DWI.
The N.C. State Bar v. DeMayo  (23-391 - Published)   Author: Judge Tobias Hampson
Rules of Professional Responsibility; Rule 8.4(c); Order of Discipline
Williams v. Charlotte-Mecklenburg Sch. Bd. of Educ.  (22-893-2 - Published)   Author: Judge Jeff Carpenter
Tort Claims Act; Emergency Management Act; Negligence; Industrial Commission; Sovereign Immunity; Summary Judgment.
Unpublished Opinions
20 February 2024  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 11 March 2024 

Davis v. Crews (23-571 - Unpublished)   Author: Judge Carolyn Thompson
Enforcement of real property settlement agreement
Glinsky v. Kuester Mgmt. Grp. LLC (23-208 - Unpublished)   Author: Judge Michael Stading
interlocutory; motion to compel; discovery; privilege log; unfair and deceptive trade practices; damages; substantial right; interrogatories.
In re: I.S., S.S., & I.S. (23-519 - Unpublished)   Author: Per Curiam
termination of parental rights; neglect;
In re: N.L.N., N.N., & N.B.G.J. (23-630 - Unpublished)   Author: Per Curiam
Termination of Parental Rights, Abuse of Neglect
Jhang v. Templeton Univ. (22-869 - Unpublished)   Author: Judge Michael Stading
full faith and credit; represented by counsel; foreign judgment; motion; service; motion for enforcement of a judgment; service of process.
Maymead, Inc. v. Alexander Cnty. Bd. of Educ. (22-953-2 - Unpublished)   Author: Judge Jeff Carpenter
Tort Claims Act; Emergency Management Act; Negligence; Industrial Commission; Sovereign Immunity; Summary Judgment.
Mileview LLC v. The Res. II at Sugar Mountain Condo. Owner's Ass'n (23-603 - Unpublished)   Author: Judge Hunter Murphy
action by homeowner’s association, reasonableness of amendment, jurisdiction of trial court pending appeal.
Nelson v. Oakley (23-840 - Unpublished)   Author: Judge Julee Flood
Abuse of discretion; expert testimony; helpful to the jury; admissible; causation; possible causation; exclusion of evidence; Rule 403; relevant; probative value; prejudice
Parker v. Parker (23-170 - Unpublished)   Author: Judge Chris Dillon
domestic violence, subject matter jurisdiction, AOC forms
Phillips v. Phillips (23-504 - Unpublished)   Author: Judge Chris Dillon
subject matter jurisdiction, oral notice, consent to voluntary dismissal
State v. Blacksheare (23-572 - Unpublished)   Author: Judge Jefferson Griffin
Trafficking heroin; Transportation; Possession; Motion to dismiss; Substantial evidence; Essential elements; Actual possession; Constructive possession; Proximity to the substance; Suspicious behavior; No Error
State v. Caldwell (23-126 - Unpublished)   Author: Judge Tobias Hampson
Motion to Dismiss; Possession with Intent to Sell or Deliver
State v. Clinton (23-463 - Unpublished)   Author: Judge Michael Stading
attempted first degree murder; assault with a deadly weapon with intent to kill; possession of a firearm by a felon; clerical error; aggravating factors.
State v. Davis (23-557 - Unpublished)   Author: Judge Julee Flood
criminal law; plea negotiations; ineffective assistance of counsel; motion for appropriate relief; conclusion of law; sentencing; out-of-state offense; substantially similar
State v. Harris (23-607 - Unpublished)   Author: Judge Hunter Murphy
probation revocation, subject matter jurisdiction, no abuse of discretion.
State v. Holmes (23-601 - Unpublished)   Author: Judge Chris Dillon
statutory rape, statutory sexual offense, indecent liberties, resentencing
State v. Lipscomb (23-407 - Unpublished)   Author: Judge Jeff Carpenter
Rule 702(a); expert testimony; reliability requirement; DNA analysis; partial-major DNA profile; statistical analysis; no plain error.
State v. Lockett (23-713 - Unpublished)   Author: Judge Julee Flood
criminal law; motion to dismiss; speeding to elude arrest; reasonable suspicion; traffic stop; imputed reasonable suspicion
State v. Marroquin (23-111 - Unpublished)   Author: Judge Jefferson Griffin
Witness testimony; accident reconstruction, expert testimony required; implicit admission as an expert; prior acts evidence under Rule 404(b); malice evidence; no prejudicial error
State v. Martin (23-47 - Unpublished)   Author: Judge Tobias Hampson
Shackling; 404(b) evidence; Rule 403; Motion to Dismiss; hearsay
State v. Moore (23-380 - Unpublished)   Author: Judge Valerie Zachary
assault with a deadly weapon; assault on a female; intent; motion to dismiss; jury instruction on flight
State v. Perry (23-375 - Unpublished)   Author: Judge Hunter Murphy
robbery with a dangerous weapon, reasonable inference, circumstantial evidence
State v. Stewart (23-291 - Unpublished)   Author: Judge Tobias Hampson
Closing arguments; Harbison inquiry
State v. Tate (23-11 - Unpublished)   Author: Judge Michael Stading
double jeopardy; sufficiency of evidence; indecent liberties; statutory rape; fifth amendment.
State v. Walker (23-585 - Unpublished)   Author: Judge John Tyson
Habitual Larceny; Habitual Felon; Video Surveillance; Identification of a defendant; Lay opinion testimony; Limiting Instruction;
Torres v. Kidd (23-209 - Unpublished)   Author: Judge Chris Dillon
physical custody, legal custody, findings of fact, decision making authority
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 31 PETITIONS AND 228 MOTIONS.


Filed: 6 February 2024
Mandate: 26 February 2024
Zip File of Published Opinions

Case Title / Description
Hanson v. Charlotte-Mecklenburg Bd. of Educ.  (22-1044 - Published)   Author: Judge Tobias Hampson
Special Separation Allowance; Supplemental Retirement Income Plan; Local Government Employees' Retirement System
In re: K.C. & M.A.  (23-612 - Published)   Author: Judge April Wood
A/N/D petition; Dismissal of juvenile petition ends jurisdiction; Subject matter jurisdiction; Void judgments; N.C. Gen. Stat. §§ 7B-201 and 7B-807; Rule 59 and Rule 60 motions are not substitutes for appeal.
Land v. Whitley  (23-250 - Published)   Author: Judge April Wood
COVID-19; The Emergency or Disaster Treatment Protection Act; Health care; Limited immunity; Statutory immunity; Medical malpractice; Gross negligence; Duty of care; Surgical complications; N.C. Gen. Stat. § 90-21.133(a); Rule 12(b)(1); Rule 12(b)(2); Rule 12(b)(6); Rule 9(j).
Moseley v. Hendricks  (23-576 - Published)   Author: Judge John Arrowood
summary judgment; contributory negligence; last clear chance defense; punitive damages.
Silwal v. Akshar Lenoir, Inc.  (23-589 - Published)   Author: Judge Hunter Murphy
summary ejectment, abuse of discretion, memorandum of lease
State v. Bowman  (23-82 - Published)   Author: Judge Jeff Carpenter
Jury Instructions; Plain Error; Forcible Sexual Offense; Unanimous Verdict; Clerical Errors; Reverse; Remand.
State v. Buchanan  (23-517 - Published)   Author: Judge Allegra Collins
motion to dismiss, felony child abuse inflicting serious bodily injury, expert witness testimony, jury instructions, defense of accident, lesser-included offenses, plain error
State v. Golphin  (22-713 - Published)   Author: Judge Donna Stroud
life imprisonment without the possibility of parole, Miller, first-degree murder, N.C. Gen. Stat. Section 15A-1340.19B
State v. Guerrero  (23-377 - Published)   Author: Judge Julee Flood
motion to suppress; probable cause; canine-sniff; search and seizure; Fourth Amendment; legalization of hemp; trafficking; possession; lesser included offense.
State v. Mincey  (23-447 - Published)   Author: Judge April Wood
Guilty plea; Factual basis; N.C. Gen. Stat. § 15A-1022(c); Habitual felon status.
State v. Robinson  (23-365 - Published)   Author: Judge Jeff Carpenter
No Preservation; Plain Error Review; Issue Abandonment; Fair Cross Section Challenge; Sixth Amendment.
True Homes, LLC v. City of Greensboro  (23-48 - Published)   Author: Judge Chris Dillon
municipal authority, public water and sewer system development fee act, motion to strike evidence, N.C. Gen Stat 160A-314(a)
Unpublished Opinions
6 February 2024  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 26 February 2024 

Cashion v. Cashion (23-327 - Unpublished)   Author: Judge Valerie Zachary
interlocutory jurisdiction; substantial right; preliminary injunction
Connette v. The Charlotte-Mecklenburg Hosp. Auth. (23-460 - Unpublished)   Author: Judge Valerie Zachary
law of the case; remand; mandate
In re: J.M.M.M. (23-540 - Unpublished)   Author: Judge Donna Stroud
termination of parental rights, notice, insufficient findings of fact
In re: K.J.B.H. (23-632 - Unpublished)   Author: Judge Julee Flood
Delinquent; sexual battery; sexual arousal; sexual gratification; maturity, intent, and experience; age disparity; control by the juvenile; secretive nature; attitude; third-party witness
Miller v. E. Band of Cherokee Indians (23-278 - Unpublished)   Author: Judge April Wood
Sovereign immunity; Contract rescission; Voluntary dismissal; Restitution; Valid remedy; Moot; Property; Necessary party; Valid judgment.
Odindo v. Kanyi (23-794 - Unpublished)   Author: Judge Carolyn Thompson
Domestic violence; child custody
Payne v. Raynor (23-780 - Unpublished)   Author: Judge John Arrowood
lease contract; setoff defense; findings of fact; conclusions of law; competent evidence.
Phillips v Extra Space Mgmt., Inc. (23-303 - Unpublished)   Author: Judge Jefferson Griffin
Motion for directed verdict; Motion for new trial; Breach of contract; Fraudulent inducement and fraudulent misrepresentation; Breach of the implied covenant of good faith and fair dealing; Unfair and deceptive trade practice; Negligent misrepresentation; Gross negligence; Sufficient evidence; Jury verdict; No error.
Porter v. Goodyear Tire & Rubber Co. (23-631 - Unpublished)   Author: Judge Carolyn Thompson
Worker's compensation
Sanders v. N.C. Dep't of Transp. (22-440 - Unpublished)   Author: Judge Hunter Murphy
map act, definite takings, interlocutory appeals
State v. Alvarado (23-385 - Unpublished)   Author: Judge Jefferson Griffin
Motion in limine; Sexual Assault; North Carolina Rules of Evidence; North Carolina Rule of Evidence 412; Rape-Shield Statute; Ineffective Assistance of Counsel; Issue Preservation; Exclusion of Evidence; Voire Dire; No error.
State v. Armstrong (23-220 - Unpublished)   Author: Judge April Wood
Assault by strangulation; Habitual misdemeanor assault; Predicate assault; N.C. Gen. Stat. § 14-33(c); Sentencing error; N.C. Gen. Stat. § 14-32.4(b); N.C. Gen. Stat. § 14-33.2; Distinct interruption; Intervening event.
State v. Barnes (23-239 - Unpublished)   Author: Judge Chris Dillon
ex mero motu, expert testimony, plain error
State v. Benbow (23-315 - Unpublished)   Author: Judge Tobias Hampson
jury instructions; self-defense; stand your ground
State v. Boynton (23-484 - Unpublished)   Author: Judge Jefferson Griffin
Motion in limine; First Degree Murder; North Carolina Rules of Evidence; North Carolina Rule of Evidence 404(b); North Carolina Rule of Evidence 403; Character Evidence; Prior bad acts; Other Purposes; Testimony Admissibility; Jury Instructions; Ineffective Assistance of Counsel; Plain Error; No error.
State v. Cooper (22-662 - Unpublished)   Author: Judge Tobias Hampson
first-degree murder; motion to suppress; cell site location information; Rules of Evidence 404(a), 404(b), and 403.
State v. Hill (23-264 - Unpublished)   Author: Judge Jefferson Griffin
Motion to dismiss; first-degree murder; evidence of malice, premeditation, and deliberation; juror challenge for cause; plain error; jury instructions; second-degree murder
State v. Huntley (23-346 - Unpublished)   Author: Judge John Tyson
Absolute impasse; State v. Ali, 329 N.C. 394, 407 S.E.2d 183 (1991); Same events, joined charges; Prior record level calculation; Conceded errors;
State v. Ingram (23-207 - Unpublished)   Author: Judge Chris Dillon
drug trafficking, investigatory stop, motion to suppress
State v. Jones (22-981 - Unpublished)   Author: Judge Michael Stading
first-degree rape, first-degree kidnapping, first-degree sexual offense, first-degree burglary, motion to dismiss, insufficiency of evidence, substantial evidence, separate and distinct acts.
State v. Kirkpatrick (23-449 - Unpublished)   Author: Judge Carolyn Thompson
IAC, TC error in PWISD methamphetamine case
State v. McCants (23-511 - Unpublished)   Author: Judge Valerie Zachary
waiver of right to be present at trial; preservation; Rule 2
State v. McCoy (23-329 - Unpublished)   Author: Judge John Arrowood
Ineffective assistance of counsel; motion to suppress; search warrant application; motion for appropriate relief; dismissal without prejudice.
State v. McKinnon (22-813 - Unpublished)   Author: Judge Michael Stading
Speedy trial, speedy appeal, sixth amendment, article I, section 18, SBM, lifetime SBM, satellite based monitoring, delayed appeal, unperfected appeal, motion for appropriate relief.
State v. Mertes (23-512 - Unpublished)   Author: Judge April Wood
Writ of certiorari; Untimely appeal; Motion for appropriate relief; MAR; N.C. Gen. Stat. § 15A-1444; N.C. R. App. P. 4(a)(1) and (2); N.C. R. App. P. 21(a)(1).
State v. Pratt (23-822 - Unpublished)   Author: Judge John Tyson
Revocation of Probation; Hearing after Probation expired; Finding of good cause; N.C. Gen. Stat. § 15A-1344; Unexplained delays; State conceded error;
State v. Roberts (23-501 - Unpublished)   Author: Judge John Arrowood
revocation of probation, right to confrontation, revocation after expiration of probationary period.
State v. Roebuck (23-335 - Unpublished)   Author: Judge Valerie Zachary
sexual activity by custodian; meaning of "custody"; issue precluded by precedent; preserving challenge for further appeal
State v. Spruill (23-12 - Unpublished)   Author: Judge Jeff Carpenter
Curative Instructions; Stricken Testimony; Sua Sponte; Rule 404; Vouching; No Plain Error.
State v. Velasquez (23-368 - Unpublished)   Author: Judge John Tyson
Second Degree Rape; Second Degree Forcible Sex Offense; Motion to Dismiss; Expert Witness; Closing Argument; Plain Error;
State v. Velez (23-199 - Unpublished)   Author: Judge Hunter Murphy
accessory after the fact, aggravated sentence, right to jury trial
State v. Williams (23-628 - Unpublished)   Author: Judge Julee Flood
United States v. Rodriguez; suppression; probable cause; reasonable suspicion
The Venable Grp., LLC v. Snow (23-483 - Unpublished)   Author: Judge John Arrowood
breach of contract, summary judgment, attorney’s fees.
Troutt v. Watson (23-535 - Unpublished)   Author: Judge April Wood
Interlocutory; N.C. Gen. Stat. § 1-277; Substantial right; Inconsistent verdicts; LLC; N.C. Gen. Stat. § 57D-6-02(2); Dissolution; N.C. Gen. Stat. § 57D-6-03(d); Forced sale.
Virmani v. Prof'l Sec. Ins. Co. (23-580 - Unpublished)   Author: Judge Chris Dillon
insurance policy interpretation, NC Medical Board investigation, claims made and reported policy
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 31 PETITIONS AND 228 MOTIONS.


Filed: 16 January 2024
Mandate: 5 February 2024
Zip File of Published Opinions

Case Title / Description
Ennis v. Haswell  (23-534 - Published)   Author: Judge Valerie Zachary
underinsured motorist insurance; subrogation; advancement; statutory interpretation
Hill v. Div. of Soc. Servs.  (23-197 - Published)   Author: Judge Valerie Zachary
Medicaid; caretaker relative; regulatory interpretation; irreconcilable conflict
Maness v. Kornegay  (23-301 - Published)   Author: Judge Carolyn Thompson
Child custody
Smith Debnam Narron Drake Saintsing & Myers, LLP v. Muntjan  (23-324 - Published)   Author: Judge Jeff Carpenter
Contract; Guaranty; Statute of Frauds; Main Purpose Rule; Signed Memorandum; Quantum Meruit; Reversed
State v. Ball  (22-1029 - Published)   Author: Judge April Wood
Kidnapping; Rape; Sexual assault; Motion to dismiss; SANE exam report; Expert witness testimony; Confrontation Clause; Plain error; Closing argument; ex mero motu.
State v. Forney  (23-338 - Published)   Author: Judge Carolyn Thompson
DWI
State v. Guffey  (22-1043 - Published)   Author: Judge Hunter Murphy
essential elements, continuing criminal enterprise, fatal ambiguity
State v. Hagaman  (22-434 - Published)   Author: Judge Donna Stroud
motion to suppress, indecent liberties with a child, search warrant
State v. Springs  (23-9 - Published)   Author: Judge Tobias Hampson
State's appeal of trial court order granting defendant's motion to suppress evidence; appellate rules violations
Unpublished Opinions
16 January 2024  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 5 February 2024 

Horsey v. Goodyear Tire & Rubber Co. (23-107 - Unpublished)   Author: Judge April Wood
Industrial commission; Workers compensation; Temporary disability benefits; Change in treating physician; Functional capacity evaluation; Maximum medical improvement; N.C. Gen. Stat. § 97-25(a); N.C. Gen. Stat. § 97-2(9)
In re: Blue (23-505 - Unpublished)   Author: Judge John Tyson
Will Contest; Summary Judgement; Undue Influence; Testator's Intent;
In re: P.C., L.C., A.C., K.C., S.C. (23-253 - Unpublished)   Author: Judge Hunter Murphy
Reasonable efforts, visitation, guardianship
In re: Z.M., L.M., H.M. (23-45 - Unpublished)   Author: Per Curiam
3.1; child custody; adjudication of neglect and dependency
Jonna v. Yaramada (22-954 - Unpublished)   Author: Judge Valerie Zachary
child support; findings of fact; mandate; sanctions
MAXISIQ, LLC v. Howard (23-478 - Unpublished)   Author: Judge Carolyn Thompson
Error by TC in granting summary judgment
Milford v. Milford (23-379 - Unpublished)   Author: Judge Carolyn Thompson
Equitable distribution
Munn v. N.C. Dep't of Pub. Safety (23-299 - Unpublished)   Author: Judge Jeff Carpenter
North Carolina Industrial Commission, Tort Claims Act, Negligence, North Carolina Department of Public Safety, State Actor, Duty of Care, Foreseeable Harm, Inmate, Findings of Fact, Competent Evidence, Conclusions of Law, De Novo; Affirmed.
Nlend v. Nlend (23-516 - Unpublished)   Author: Judge Valerie Zachary
absolute divorce; motion to stay proceedings; foreign jurisdiction; interlocutory jurisdiction; petition for writ of certiorari; findings of fact; absence of transcript or narrative from appellate record
Peele v. Peele (23-614 - Unpublished)   Author: Per Curiam
jurisdiction, child custody, permanent custody order
Perez v. Perez (23-371 - Unpublished)   Author: Judge Valerie Zachary
proper venue; residency; equitable distribution; separation and support; service of order; timeliness of appeal
State v. Gill (23-381 - Unpublished)   Author: Judge April Wood
Ineffective assistance of counsel; Restitution; Search warrant; Affidavit; Probable cause; Fourth Amendment; Totality of circumstances; Application for search warrant; Motion to suppress; Trial strategy; Crime Lab; N.C. Gen. Stat. § 7A-304(a)(7).
State v. Glenn (23-201 - Unpublished)   Author: Judge Michael Stading
Anders, Anders brief, motion to suppress, reasonable articulable suspicion.
State v. Hall (23-320 - Unpublished)   Author: Judge Valerie Zachary
ineffective assistance of counsel; motion for appropriate relief; motion to suppress; attempted robbery; exigent circumstances; probable cause; consent to search
State v. Hollis (22-817 - Unpublished)   Author: Judge Michael Stading
pattern jury instructions, defense of accident, murder, discharging of a firearm into occupied property, plain error, NCPI 307.10, NCPI 307.11.
State v. Steele (23-425 - Unpublished)   Author: Judge Valerie Zachary
larceny of motor vehicle; fleeing to elude arrest; resisting public officer; flight instruction
State v. Willoughby (23-3 - Unpublished)   Author: Judge Valerie Zachary
defense of habitation; second-degree murder; statutory presumption; jury instructions on involuntary manslaughter; redacting and striking of testimony; relevance; hearsay
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 31 PETITIONS AND 228 MOTIONS.


Filed: 2 January 2024
Mandate: 22 January 2024
Zip File of Published Opinions

Case Title / Description
Bates v. Charlotte-Mecklenburg Historic Landmarks Comm'n  (23-57 - Published)   Author: Judge Carolyn Thompson
Interlocutory appeal from two failed real estate transactions
Culpepper v. N.C. Off. of Admin. Hearings  (23-236 - Published)   Author: Judge April Wood
N.C. Gen. Stat. § 126-5(c1)(27); Political affiliation discrimination; Job classification designation; Human Resources Act.
In re B.M.T.  (22-377-2 - Published)   Author: Judge Tobias Hampson
Consent for Adoption; Biological Father; financial support under N.C. Gen. Stat. § 48-3-601, warrantless search
Meeker v. Meeker  (22-931 - Published)   Author: Judge Chris Dillon
separation agreement, spousal support, cohabitation, specific performance, civil contempt
N.C. Dep't of Health & Hum. Servs. v. Peace  (22-918 - Published)   Author: Judge Carolyn Thompson
Error by ALJ and trial court in review of administrative agency decision
State v. Borlase  (22-985 - Published)   Author: Judge Chris Dillon
life without parole, Juvenile offender, N.C. Gen Stat SS 15A-1340.19b
State v. Thompson  (22-1036 - Published)   Author: Judge Tobias Hampson
Motion for Mistrial; Abuse of Discretion; Intoxicated Witness
Town of Forest City v. Florence Redevelopment Partners, LLC  (23-401 - Published)   Author: Judge Allegra Collins
summary judgment; contracts; pre-audit certificate requirement; waiver; governmental immunity; unjust enrichment
Town of La Grange v. Cnty. of Lenoir  (23-495 - Published)   Author: Judge Julee Flood
Planning Board; de novo; whole record test; in pari materia;
Unpublished Opinions
2 January 2024  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 22 January 2024 

Davis v. Hayes Hofler, P.A. (22-1028 - Unpublished)   Author: Judge Michael Stading
motion to dismiss, 12(b)(6), negligence, negligent representation, Rule 60, "last act", "last wrongful act", statute of limitations, continued representation, conclusion of law, date of discovery, tolling.
In re: B.O.R. (23-434 - Unpublished)   Author: Per Curiam
Guardianship award to foster parents; Standard of Proof finding required for parental rights; Visitation; Cessation of Reunification Efforts
In re: C.H. (22-476-2 - Unpublished)   Author: Judge Julee Flood
involuntary commitment; confrontation right; preservation; findings of fact; clear, cogent, and convincing evidence; prejudice
In re: C.L.S. (23-507 - Unpublished)   Author: Per Curiam
writ of certiorari, kinship placement, timely appeal
In re: E.O.N. & E.O.N. (23-352 - Unpublished)   Author: Judge April Wood
Guardianship; Neglect; Dependency; Permanency planning hearing; Costs of supervised visitation; Parent's ability to pay; N.C. Gen. Stat. § 7B-906.1; Guardian's financial resources; Written findings of fact; N.C. Gen. Stat. § 7B-905.1(c).
In re: E.T.P. & H.E.P. (23-394 - Unpublished)   Author: Judge Michael Stading
termination of parental rights, continuance, right to counsel, waiver of counsel, forfeiture of counsel.
In re: G.J.W.L. (23-458 - Unpublished)   Author: Judge Jeff Carpenter
Juvenile Delinquency; Adjudication; Disposition; Motion to Dismiss, Unpreserved, Rule 2; Sixth Amendment; Testifying Defendant; Self-Incrimination; De Novo; Reversed & Remanded.
In re: J.U. (20-812-2 - Unpublished)   Author: Judge Julee Flood
motion to dismiss; preservation; appellate rule 2; sufficiency of evidence; juvenile petition; sexual battery.
In re: N.R.W. & T.N.W. (23-440 - Unpublished)   Author: Judge Jeff Carpenter
Rule 3.1; termination of parental rights; adjudication; termination grounds; neglect; willful failure to make reasonable progress; willful failure to contribute to the cost of the juveniles’ care.
In re: R.B. (23-426 - Unpublished)   Author: Judge Jefferson Griffin
Child abuse and dependency adjudication, sufficiency of evidentiary findings of fact to support ultimate findings and conclusions of law
In re: S.C.M., Jr. (23-678 - Unpublished)   Author: Judge Michael Stading
termination of parental rights, best interests, private action, adoption.
In re: S.W. (23-160 - Unpublished)   Author: Per Curiam
dependent, reunification, visitation
Johnson v. Butler (23-692 - Unpublished)   Author: Judge John Arrowood
summary judgment, breach of fiduciary duty, constructive fraud, trustee.
Johnson v. Butler (23-693 - Unpublished)   Author: Judge John Arrowood
summary judgment, breach of fiduciary duty, constructive fraud, trustee.
Johnson v. Butler (23-694 - Unpublished)   Author: Judge John Arrowood
summary judgment, breach of fiduciary duty, constructive fraud, trustee.
Lowe v. Lowe (23-80 - Unpublished)   Author: Judge Jefferson Griffin
Competent evidence; Findings of fact; Attorney fees; Motion to dismiss; Waived
Poimboeuf v. Merritt (23-229 - Unpublished)   Author: Judge John Tyson
Motion for Judgment Notwithstanding the Verdict; Slander per se; Punitive damages; N.C. Gen. Stat. § ID-15;
Shay v. Shay (23-330 - Unpublished)   Author: Judge Jefferson Griffin
Domestic violence order of protection; DVPO; Competent evidence; NC Appellate Pro Bono Program; Motion to supplement; Findings of fact; Conclusions of law; Affirmed
Spencer v. Goodyear Tire & Rubber Co. (23-430 - Unpublished)   Author: Judge Fred Gore
opinion and award on remand; compensable occupational disease; causation; weight and credibility of the evidence; limited standard of review
State v. Ford (23-374 - Unpublished)   Author: Judge Carolyn Thompson
Felony obstruction of justice; felony cruelty to animals
State v. Forrest (22-1005 - Unpublished)   Author: Judge Carolyn Thompson
Trial court error in denial of motion to dismiss and in jury instruction in murder case
State v. Parsons (23-200 - Unpublished)   Author: Judge Allegra Collins
indecent liberties with a child; hearsay; harmless error
State v. Revels (23-148 - Unpublished)   Author: Judge Valerie Zachary
voluntary manslaughter; calculation of prior record level; sentencing points; stipulation; evidence of prior convictions; prior record level worksheet; joinable offenses; federal conviction
State v. Williams (23-408 - Unpublished)   Author: Judge Chris Dillon
waiver of counsel, writ of certiorari, pro se
Tanger Props. Ltd. P'ship v. Legacy Libations Corp. (23-415 - Unpublished)   Author: Judge Michael Stading
subject matter jurisdiction, small claims, summons, rule 4, magistrate, general civil action, small claims action, summary ejectment, de novo.