Court of Appeals Opinions

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

Case Title / Description
Dill v. Loiseau  (18-361 - Published)   Author: Judge Mark Davis
Declaratory Judgment; Restrictive covenants; General scheme of development; Radical changes to covenanted area; Waiver of right to enforce covenants
In re: E.M.  (18-685 - Published)   Author: Judge Valerie Zachary
juvenile delinquency; mandatory referral to area mental health services director when trial court presented with evidence that juvenile is mentally ill
In re: I.R.L.  (18-427 - Published)   Author: Judge Chris Dillon
Parental rights; termination; domestic violence; DVPO; abandonment; willfulness; child support; notice
Jackson v. Don Johnson Forestry, Inc.  (18-354 - Published)   Author: Judge Chris Dillon
Wills, property rights, life estate, remaindermen, timber rights, trover, indemnity
Marlin Leasing Corp. v. Essa  (18-610 - Published)   Author: Judge Mark Davis
Full Faith and Credit; service of process; default judgment; foreign jurisdiction
State v. Casey  (18-269 - Published)   Author: Judge Chris Dillon
Vouching; Credibility; Invited Error; Ineffective Assistance of Counsel; Motion for Appropriate Relief; Cross-Examination; Sexual Abuse; Expert; Trial Counsel; Appellate Counsel
State v. Gonzalez  (18-228 - Published)   Author: Judge Richard Dietz
Conflicting Court of Appeals Precedent; In re Civil Penalty; Authority of Court of Appeals Panels to Overrule Earlier Panel Decisions
State v. Hinton  (18-530 - Published)   Author: Judge Valerie Zachary
aggravated sentencing; aggravating factor; Blakely v. Washington; harmless error
State v. Juene  (18-526 - Published)   Author: Judge Chris Dillon
Robbery; Robbery with a Dangerous Weapon; Motion to Suppress; Pre-trial Identification; Show-up; Sixth Amendment; Impermissibly Suggestive
State v. Mayo  (18-331 - Published)   Author: Judge Phil Berger Jr.
guilty plea; Anders brief; civil judgment for attorney's fees and costs
State v. Smith  (18-518 - Published)   Author: Judge John Tyson
First-degree capital murder; premeditation and deliberation; felony murder; jury instructions on informant's testimony; acting in concert; Rules of Evidence, 401, 402 and 403.
State v. Wilson  (18-550 - Published)   Author: Judge Valerie Zachary
motion to dismiss; disseminating obscene material to a minor; unanimous jury verdict; indecent liberties; first-degree statutory rape of a child; reconsideration of decision not to testify
State v. Wright  (18-209 - Published)   Author: Judge Donna Stroud
Notice, Aggravating Factors, Sentencing, IAC
Walsh v. Jones  (18-496 - Published)   Author: Judge Donna Stroud
custody modification, visitation
Unpublished Opinions
15 January 2019  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 4 February 2019 

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

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

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

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