Court of Appeals Opinions
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Filed: 15 November 2022 Mandate: 5 December 2022 Zip File of Published Opinions Case Title / Description | |
| Abdo v. Jones (22-271 - Published)
Discovery Violations; Rule 37 Sanctions | |
| Haidar v. Moore (22-543 - Published)
N.C. Gen. Stat. 50C no-contact order, written findings of fact required | |
| Eidson v. Kakouras (21-373 - Published)
Child Support, substantial change of circumstances, stipulation, past-due support | |
| In re: B.S. (22-441 - Published)
remand was required where trial court failed to conduct the statutorily required inquiry for a respondent in an involuntary commitment proceeding who chose to proceed pro se; court was required to inquire into the respondent's age, mental condition, education, and the extent to which the respondent understood the complexity of the case | |
| State v. Woodley (21-670 - Published)
1st Degree Murder; Covid-19 Protocols; Emergency Directives; Chief Justices Authority; N.C. Gen Stat. 7A-39(b)(2) Superior Court Jurisdiction; Motion to Continue; Courtroom Capacity; Jury Selection; Ineffective Assistance of Counsel | |
| State v. Hawkins (22-97 - Published)
Rape of a Child; Appellate Rules Violations; Appellate Rules 2,3,4 and 10; Defective Notice of Appeal; Petition of Writ of Certiorari; Showing of Merit and Prejudice; Exclusion & Limitation of Expert Witness testimony; Abuse of Discretion | |
| State v. Walker (22-260 - Published)
First-Degree Murder; Premeditation and Deliberation; Motion to Dismiss; Jury Instructions; Self-Defense; Stand Your Ground Instruction | |
| The Ascot Corp., LLC v. I&R Waterproofing, Inc. (22-19 - Published)
North Carolina Rules of Civil Procedure Rule 14; Third-party Practice; Breach of Express Warranty; Breach of Implied Warranty of Merchantability; Indemnity; Contribution; Rule 12(b)(6) Motion to Dismiss | |
| Unpublished Opinions 15 November 2022 - Rule 30e - Zip File of Unpublished Opinions Mandate: 5 December 2022 | |
| A & M Real Estate Dev. Co., LLC v. G FORCE CHEER, LLC (22-212 - Unpublished)
summary ejectment; lease agreements; trade practices; non-jury trial; post-trial motions | |
| Best Asset Grp. v. Rosa Jacobs (22-164 - Unpublished)
Interlocutory appeal; order granting motion to change venue for convenience of witnesses and to promote ends of justice; sufficiency of statement of grounds for appellate review; substantial right | |
| Deborah Hall v. Parker Hannifin Corp. (22-26 - Unpublished)
industrial commission, burden of proof, causal connection | |
| Elliot Moore Hines v. Chelle C. Nichols (22-209 - Unpublished)
trial court's conclusions supported its determination that father have sole decision-making authority for educational needs of child but inconsistencies in the court's order that father pay for the child's education and inclusion of the expense in the child support award required remand | |
| In re D.D.H. (22-67 - Unpublished)
trial court's findings were supported by competent evidence, and findings in turn supported court's adjudication of neglect and appointment of paternal grandparents as juvenile's guardian | |
| In re G.L.P. (22-290 - Unpublished)
Termination of parental rights; neglect; sufficiency of findings to show likelihood of repetition of neglect; best interests determination; adequacy of findings on N.C. Gen. Stat. 7B-1110 criteria | |
| In re H.S. (22-157 - Unpublished)
Juvenile delinquency, findings of fact, § 7B-2512, and § 7B-2501 | |
| In re I.B.M. & P.J.S. (22-327 - Unpublished)
abuse of discretion; Rule 611(a) | |
| In re N.G.L. (22-127 - Unpublished)
termination of parental rights, best interest of the child, guardian ad litem, dependent juvenile | |
| In re: Respess (22-345 - Unpublished)
Summary Judgment; Undue Influence; Testamentary Capacity | |
| In the Matter Of J.M.M.C. (22-524 - Unpublished)
juvenile delinquent; N.C.G.S. 7B-2602; oral notice of appeal; N.C.G.S. 7B-2501(c); required findings of fact | |
| Ronnie Chris Strickland v. Dima Naser Lufti Ahmed (22-204 - Unpublished)
Negligence; contributory negligence; last clear chance; closing argument. | |
| Sea Gate Ass'n v. Joe Jesse Mitchell (21-585 - Unpublished)
implied contract, summary judgment, attorneys fees | |
| Sea Gate Ass'n, Inc v. Denise Willis Range (21-581 - Unpublished)
implied contract, summary judgment, attorneys fees | |
| State of N. Carolina v. Theodore Ferguson (22-583 - Unpublished)
Anders review; N.C.R. App. P. 4; petition for writ of certiorari denied | |
| State of N. Carolina v. Zavon Amadeus Martin (22-425 - Unpublished)
stop of defendant was supported by reasonable suspicion; question by officer about presence of firearms was not outside scope of lawful mission of stop for suspected impaired driving; stop was not unlawfully extended at the time defendant volunteered that his vehicle contained marijuana; and under the totality of the circumstances, probable cause supported search of defendant's vehicle | |
| State v. Daran Marte Wingo (22-24 - Unpublished)
change of offense date in indictment in child sex abuse case did not amount to a substantial alteration of the offense charge; trial court did not abuse its discretion in denying motion for mistrial; child victim's testimony was not inherently incredible; judgments entered by the trial court were not inconsistent with judgment rendered at sentencing | |
| State v. Darius Harris-Allen (22-87 - Unpublished)
first-degree murder; unlawful detention; probable cause; involuntary interrogation; overwhelming evidence of Defendant's guilt; constitutional violations rendered harmless beyond reasonable doubt | |
| State v. Harold Lee Williams, Jr (22-217 - Unpublished)
motion to dismiss; certified court record; handwriting comparison; intimidating or interfering with witnesses | |
| State v. Hightower (22-346 - Unpublished)
assault with a deadly weapon inflicting serious injury; jury re-instruction; verdict form clerical error | |
| State v. John Christian Marston (22-251 - Unpublished)
sexual abuse, second degree forcible rape, sexual offense | |
| State v. Johnson (22-147 - Unpublished)
sentencing range, career offender | |
| State v. Kurtz (22-233 - Unpublished)
use of the word disclose did not amount to impermissible vouching; trial court did not plainly err in not striking reference to defendant's criminal history; defendant did not receive ineffective assistance of counsel | |
| State v. Ramish Tiquna Doughty (21-720 - Unpublished)
Search and seizure; suppression order; reasonable suspicion to support traffic stop; challenged findings of fact and conclusions of law; officers? lack of knowledge or information Defendant had weapons or contraband; no reasonable belief that Defendant was armed, dangerous, and could gain immediate control of weapons; exclusionary rule. | |
| State v. Ricky Aldridge (22-171 - Unpublished)
trial court did not err in refusing to instruct jury on lesser-included offense of voluntary manslaughter in first-degree murder trial where defendant testified in essence that victim's death was accidental | |
| State v. Sharon Denise Stallings (22-45 - Unpublished)
Drug offenses; ineffective assistance of counsel claim; failure to file motion to suppress; issues of fact not suitable for review on direct appeal | |
| State v. Soe (22-294 - Unpublished)
trial court did not plainly err in failing to instruct on lesser included offense of common law robbery in trial of conspiracy to commit armed robbery because there was evidence of use of weapon in robbery; defendant thus did not receive ineffective assistance of counsel because of counsel's failure to request instruction unsupported by the evidence | |
| State v. Thompson (22-195 - Unpublished)
motion to dismiss charge of possession of a controlled substance with intent to sell or deliver; packaging of controlled substance, presence of cash and drug paraphernalia, quantity of controlled substance; substantial evidence of Defendant's intent; motion to continue; necessary witness; ineffective assistance of counsel claim | |
| State v. William Baker (22-244 - Unpublished)
probation revocation; subject-matter jurisdiction; N.C. Gen. Stat. 15A-1344(f) | |
| Stockli v. N.C. Dep't of Pub. Safety (22-63 - Unpublished)
Office of Administrative Hearings; contested case; challenge to award of back pay; inclusion of overtime in back pay calculation | |
| Town of Boone v. Watauga Cnty. (21-586 - Unpublished)
12(b)(1) Motion, Declaratory Judgment, N.C. Gen. Stat. § 105-472 |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 21 PETITIONS AND 138 MOTIONS.
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Filed: 1 November 2022 Mandate: 21 November 2022 Zip File of Published Opinions Case Title / Description | |
| Bracey v. Murdock (22-198 - Published)
motion to dismiss; equitable distribution; QDRO; motion to amend; consent order | |
| Cash v. Cash (21-774 - Published)
child support, bad faith | |
| D.V. Shah Corp. v. Vroombrands, LLC (22-104 - Published)
trial court abused its discretion by denying motion for continuance by pro se party where movant violated or apparently violated numerous local rules in noticing the hearing, failing to notice counterclaims and defenses, improperly serving a summary judgment motion, and improperly serving supporting affidavit and brief | |
| Dep't of Transp. v. Mountain Vills., LLC (21-684 - Published)
condemnation action; evidence supports the findings of fact and the findings of fact support the conclusion of law that defendant failed to meet its burden of establishing a prescriptive easement; doctrine of judicial estoppel inapplicable; plaintiff did not take a subsequent factual position that was clearly inconsistent with its earlier position | |
| LouEve, LLC v. Ramey (22-46 - Published)
Petition for a writ of certiorari; content of notice of appeal; notice of hearing; compliance with trial court's general rules of practice; Rule 60(b); abuse of discretion | |
| State v. Lucas (21-685 - Published)
Motion to suppress; warrantless search pursuant to N.C. Gen. Stat. 15A-1343(b)(13); reasonable belief as to probationer's premises; search directly related to probationer's probation supervision; implied consent to search; facial challenge of search warrant affidavit; sufficient showing of probable cause. | |
| State v. Mackey (22-348 - Published)
Forgery; Uttering; Obtaining Property by False Pretenses; Fatal Variance; Motion to Quash; Unpreserved Issues on Appeal; Statutory Right to Recordation under N.C. Gen. Stat § 15A-1241; Recording Private Bench Conferences | |
| State v. Edwards (22-41 - Published)
Indictment, sufficiency, larceny, schools, board of education, MAR | |
| State v. Moore (22-220 - Published)
no per se ineffective assistance of counsel where Defendant previously consented to counsel's strategy of arguing self-defense and arguing for lesser-included offenses; no ineffective assistance of counsel claim where Defendant consented to self-defense strategy and called only one defense witness; no prejudicial error where the trial court admitted certain opinion evidence of a detective | |
| State v. Ambriz (21-674 - Published)
speedy trial, motion to dismiss, trafficking, Barker v. Wingo | |
| State v. Kelly (22-70 - Published)
unpreserved error: defense did not move to strike officer's nonresponsive opinion testimony; officer's nonresponsive opinion testimony was not plain error; state produced sufficient evidence that defendant was the perpetrator; double jeopardy: armed robbery of two employees of the same store supports judgment for only a single armed robbery. | |
| State v. Teague (21-10 - Published)
postal interdiction; motion to suppress; waiver of appellate review; Industrial Hemp Act; motion to dismiss; lay opinion testimony; identification of marijuana as a controlled substance; conspiracy; statements of a co-conspirator | |
| State v. Tabb (22-258 - Published)
Possession and Distribution of Illegal drugs; U.S. Constitution 4th Amendment; Search and Seizure; N.C. Constitution Article 1, §20; Stationary vehicle; Reasonable Suspicion; Detention of individual; Plain view; Industrial Hemp; Probable cause | |
| The N.C. State Bar v. Megaro (22-135 - Published)
adequate evidence to support the DHC's findings of fact, and the findings of fact adequately support the conclusions of law where Defendant entered into a representation agreement with brothers who did not have the capacity to understand the agreement due to their low IQs and adaptive functioning deficits | |
| Coles v. Sugarleaf Labs, Inc. (22-116 - Published)
Motion to Compel Arbitration; Revised Uniform Arbitration Act; Federal Arbitration Act; Interlocutory Order; Final Judgment; Appellate Jurisdiction | |
| Unpublished Opinions 1 November 2022 - Rule 30e - Zip File of Unpublished Opinions Mandate: 21 November 2022 | |
| Barry Dean Bodenhamer v. Kelly Brown-Bodenhamer (22-228 - Unpublished)
joint legal custody with primary physical custody of twin children to Father; children's familial and educational support; findings supported by substantial evidence; unchallenged findings; no abuse of discretion in physical custody assignment | |
| Danny Richard Sullivan v. Triad Hosp.ity Corp. t/d/b/a Quality Inn &
Suites v. Blue Diamond Poo (22-150 - Unpublished)
res ipsa loquitur; negligence; motion for summary judgement | |
| Edward Winebarger vs. Lana Steen (22-297 - Unpublished)
Child Support; Self-Employment Expenses and Income; Child Support Guidelines | |
| Heidi M. Williams v. Div. of Emp't Sec. (22-103 - Unpublished)
Unemployment claim; dismissal of petition for judicial review; N.C. Gen. Stat. 96-15(h); jurisdictional deadline for service of petition | |
| In re C.M.W. (22-169 - Unpublished)
Standard of Proof; Clear and Convincing Evidence | |
| In re K.M.S. (22-238 - Unpublished)
trial court's findings of fact supported placement with non-relative following adjudications of abuse and neglect | |
| In re M.J. (22-153 - Unpublished)
Abuse, Neglect, Dependency; Indian Child Welfare Act; Visitation | |
| In re W.C.F. (22-272 - Unpublished)
involuntary inpatient commitment; N.C.G.S. 122C-263(b) | |
| Koonce v. Koonce (22-211 - Unpublished)
Modification of child support, post separation support, alimony, and contempt. Change in circumstance includes prior evidence existing but unpresented. | |
| State of N. Carolina v. James Harry Hinman (22-174 - Unpublished)
failure to file supporting affidavit evincing facts showing constitutional violation constituting waiver of constitutional issues; however, assuming arguendo there was no waiver, trial court's findings and conclusions reflected correct consideration of defendant's due process arguments; use of deception by officers did not render defendant's statements involuntary; defendant did not unequivocally invoke his right to counsel; trial court did not err in submitting the case to the jury where the evidence supported the charge given to the jury | |
| State v. Dontrail Lloyd (22-221 - Unpublished)
ineffective assistance of counsel; jury instructions | |
| State v. Eugene Green (22-148 - Unpublished)
petition for writ of certiorari; trial in absentia; habitual felon; statutory right to notice of charge; clerical error | |
| State v. Hendrix (21-768 - Unpublished)
insufficient evidence, plain error review, disjunctive jury instruction, involuntary manslaughter | |
| State v. Marzelle Burgess (22-120 - Unpublished)
Illegal Drugs; Witness Testimony; Vouching; Plain Error; Invited Error | |
| State v. Priscilla Anne Modlin (22-132 - Unpublished)
Drug possession; plain error; statements to prospective jurors explaining charges against defendant; authentication of video and audio recordings; judgment for both sale and delivery for same transaction | |
| State v. Sharif Moore (22-368 - Unpublished)
petition for a writ of certiorari; motion to dismiss; failure to notify of address change | |
| State v. Tevin Friday (22-53 - Unpublished)
plain error for evidence; jury instructions lesser included offenses; jury instruction acting in concert; ineffective assistance of counsel | |
| State v. Tina Jaraczewski Wilson (22-39 - Unpublished)
Embezzlement; obtaining property by false pretenses; sufficiency of the evidence; plain error; foundation for admission of bank records | |
| State v. Williams (22-165 - Unpublished)
sufficiency of evidence, constructive possession of a firearm, habitual felon, totality of circumstances | |
| State v. Xavier Underwood (22-268) Opinion not available duress jury instruction; motion to dismiss; accessory after the fact to first-degree murder | |
| Sunalei Pres. Prop. Owners' Ass'n, Inc v. Chubby Custard, LLC (22-318 - Unpublished)
venue; real property; negative easements |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 21 PETITIONS AND 138 MOTIONS.
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Filed: 18 October 2022 Mandate: 7 November 2022 Zip File of Published Opinions Case Title / Description | |
| Ladd v. Funderburk (22-109 - Published)
Governmental immunity; Qualified immunity; Governmental in nature vs. Proprietary in nature; N.C. Gen. Stat § 160A-296; Affirmative duty; Roadway obstructions; Tree ordinance; Waiver of governmental immunity; Liability insurance; Insurance policy effect on the defense of governmental immunity; N.C. Gen. Stat. § 153A-435; Summary judgment. | |
| In re: D.S. (22-190 - Published)
neglect, dependency, adjudication, juvenile, Rule 3.1 | |
| N.C. Farm Bureau Mut. Ins. Co., Inc. v. Carpenter (21-588 - Published)
Legionnaire's Disease; Insurance Policy's Fungi or Bacteria Exclusion; Insurance Policy's Consumption Exception; Summary judgment; Interlocutory appeal; Construction and interpretation of an insurance contract is a question of law; Insurer's duty to defend; Duty to indemnify. | |
| Neeley v. Fields (22-30 - Published)
Legal malpractice; easements of record; construction of deeds | |
| Waters v. Pumphrey (20-816 - Published)
summary judgment, retaliatory eviction, protected act, summary ejectment, notice to vacate | |
| State v. Hunter (22-126 - Published)
motion to suppress properly denied where officer shined flashlight into vehicle and seized a plastic baggie of contraband in plain view; officer's subjective motive for a stop has no bearing in Fourth Amendment analysis | |
| State v. Guice (22-163 - Published)
First Amendment, true threats, communicating threats, subjective component. | |
| State v. Mason (22-216 - Published)
expert opinion; Rule 702(a); lay opinion; self-defense | |
| State v. Gregory Aldon Perkins (20-572) - Opinion not available indictment identifying victim by initials and date of birth were facially valid; a majority of the court issues a petition for certiorari per opinion; one judge would affirm the satellite-based monitoring orders; one judge would dismiss portion of appeal related to satellite-based monitoring order; and one judge would hold that court lacked jurisdiction to review satellite-based monitoring orders | |
| State v. Griffin (17-386-3 - Published)
Satellite-Based Monitoring; Term of Years; Mental, Physical, or Sexual Abuse of a Minor; Fourth Amendment Reasonableness | |
| State v. Eagle (21-701 - Published)
officer approaching the defendant in police cruiser with blue lights flashing while blocking the only way for the defendant to leave was not a situation in which a reasonable person would feel free to leave and constituted a seizure under the Fourth Amendment | |
| State v. Watson (21-761 - Published)
expert testimony; non-testifying expert testimony is admissible as the basis of testifying expert's opinion; officer testifying about HGN may not specify to specific alcohol concentration | |
| State v. Booth (21-620 - Published)
no plain error where an officer testified to the contents of a search warrant and the search warrant/affidavit were entered into evidence; motion to dismiss properly denied where there was sufficient evidence that the green leafy substance seized was marijuana | |
| State v. Steele (22-115 - Published)
admission of evidence; interfering or intimidating a witness | |
| Kelly v. State of N.C. (21-709 - Published)
Opportunity Scholarship Program; Lower-income families may receive scholarships from the State to attend private school; Constitutional challenge; As-applied challenge; Facial challenge; Subject matter jurisdiction; Breadth of the remedy requested, not what is pleaded in the complaint, is controlling in determining whether the challenge is facial or as-applied. | |
| Unpublished Opinions 18 October 2022 - Rule 30e - Zip File of Unpublished Opinions Mandate: 7 November 2022 | |
| Corry v. The N.C. Div. of Health & Hum. Servs. (22-47 - Unpublished)
Administrative claims; dismissal for failure to exhaust administrative remedies; defamation claim; barred by sovereign immunity | |
| Culbreth v. Manning (22-57 - Unpublished)
Referee's Report, Order on Remand | |
| Grandfather Ctr. Shoppes, LLC vs. Beech Creek Rest., LLC
d/b/a Elevations Tavern and Grill, (21-250 - Unpublished)
Interlocutory appeal; substantial right; demonstration of prejudice | |
| In re M.A.C., N.G.C., C.A.B.C. (22-134 - Unpublished)
Rule 3.1; neglected juveniles; appellate jurisdiction; elimination of reunification from permanent plan; findings of fact | |
| In Re: A.M.L. (22-249 - Unpublished)
NCGS 7B-906.2; 3.1 | |
| Jamie S. Hosch v. Keira Hosch-Carroll and Jacoby Kennedy (21-800 - Unpublished)
subject matter jurisdiction under the UCCJEA; trial court erred in concluding that it had home state jurisdiction under the UCCJEA because child's absence from Texas was temporary | |
| Maher Mohd Ali El-Hatto v. Hasan Mohammad Ali El-Hatto (21-770 - Unpublished)
Property distribution agreement; Applicability of foreign law; Constructive trust; Implied constructive trust; Express trust; General warranty deed; Land contract; Chain of title; Ownership of property. | |
| Mangum v. WRAL-5 News (22-199 - Unpublished)
Dismissal; pro se appellant; substantial failure to comply with the North Carolina Rules of Appellate Procedure; default under non-jurisdictional Rules 3, 9, 26, and 28. | |
| Piedmont Natural Gas Co., Inc. v. Mallard Creek Assoc.s #1,
LLC. (22-192 - Unpublished)
trial court did not err in awarding condemnation proceeds to lessee | |
| Robert Christopher Walker v. Daniel Joseph Foley, Jr. (22-27 - Unpublished)
Intestate Succession, Ambiguous Will, Real Property | |
| State of N. Carolina v. Amber Shaquille Duncan (20-843 - Unpublished)
Possession of marijuana; hemp; sufficiency versus admissibility; remedies on appeal | |
| State v. Aaron Harrison (21-788 - Unpublished)
Assault inflicting serious bodily injury; sufficiency of evidence of serious bodily injury | |
| State v. Joshua Arron Mullis (22-183 - Unpublished)
Statutory sex offense with a child; indecent liberties; appellate jurisdiction; petition for a writ of certiorari; lack of written notice of appeal from civil sex offender registration order; unpreserved challenge to sex offender registration; sufficiency of foundation for expert testimony on DNA evidence; cross-examination of defendant about inconsistent statements; evidence of penetration; failure to instruct jury on attempted sex offense | |
| State v. Killette (18-26-3 - Unpublished)
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| State v. Travis Leon Barrett (22-252 - Unpublished)
Statutory rape of a child, N.C. Gen. Stat. 14-27.25(A); Fourth Amendment; Consent to search; Consent to enter | |
| Velmont Enter.s, Inc. v. Patch of Land Lending, LLC (22-40 - Unpublished)
trial court did not err in awarding summary judgment in favor of creditor whose wired funds lender refused to accept, in breach of agreement to satisfy obligation for less than originally agreed, or for awarding creditor statutory damages and ordering creditor to cancel liens on deeds of trust securing obligation |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 21 PETITIONS AND 138 MOTIONS.
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Filed: 4 October 2022 Mandate: 24 October 2022 Zip File of Published Opinions Case Title / Description | |
| Gouch v. Rotunno (22-75 - Published)
Lack of meaningful appellate review; Failure to include transcript; Written Order Controls; Jurisdiction; Rule 12(b)(2); Rule 12(b)(6). | |
| In re: A.O. (22-295 - Published)
Juvenile petition; Self-incrimination; Privilege against self-incrimination; N.C. Gen. Stat. § 7B-2405; 5th Amendment. | |
| In re: Simmons (21-682 - Published)
Foreclosure, NC. R. Civ. P. 60(b); void order; trustee neutrality; notice of neutrality. | |
| Lannan v. Bd. of Governors of the Univ. of N.C. (21-554 - Published)
sovereign immunity, implied-in-fact contract, 12(b)(6), Corum | |
| Sulier v. Veneskey (21-506 - Published)
child custody; UCCJEA jurisdiction; person acting as a parent; constitutionally protected status of a natural parent | |
| State v. Parker (21-519 - Published)
motion to suppress, public vehicular area, probable cause, plain smell, plain view | |
| State v. Singleton (22-114 - Published)
second degree rape, essential element, defective indictment, first degree kidnapping | |
| State v. Freeman (22-218 - Published)
petition for writ of certiorari, structured sentencing act, mitigating factors, presumptive range | |
| State v. Sisk (22-154 - Published)
Jury instructions, clear and positive evidence of completed larceny; lack of sufficient evidence of lesser included offense. | |
| Sulier v. Veneskey (21-523 - Published)
child custody; UCCJEA jurisdiction; person acting as a parent; constitutionally protected status of a natural parent | |
| Unpublished Opinions 4 October 2022 - Rule 30e - Zip File of Unpublished Opinions Mandate: 24 October 2022 | |
| Bounthanh Sisoukrath v. Sisavath Sisoukrath (21-703 - Unpublished)
service of process | |
| Brown v. Caruso Homes, Inc. (22-226 - Unpublished)
motion to dismiss, interlocutory appeal, right to jury trial, Rule 39(a), Rule 39(b) | |
| In re D.L.S. (22-88 - Unpublished)
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| In re, C.L.K., E.R.K., J.A.S., R.L.T. (22-8 - Unpublished)
Abuse; neglect; cessation of reunification efforts at initial disposition under N.C. Gen. Stat. 7B-901(c)(1); sufficiency of findings of conduct that increased enormity or added to injurious consequences of abuse or neglect | |
| In re: C.C. (21-758 - Unpublished)
Department of Social Services, abuse and neglect, adjudicatory grounds, felony history | |
| In Re: M.E.M., N.C.M. (22-23 - Unpublished)
termination of parental rights, willful abandonment | |
| In re: T.G. (22-42 - Unpublished)
Rule 3.1(e), no-merit brief, neglected juvenile. | |
| Lawing v. Miller (22-99 - Unpublished)
award for attorney's fees; reasonableness; findings of fact; compliance with appellate court mandate on remand | |
| State of N. Carolina v. Nathan Gabrieal McBryde (22-122 - Unpublished)
Derivative jurisdiction, properly compiled record on appeal, appeal dismissed. | |
| State v. Abdullah (22-66 - Unpublished)
probable cause | |
| State v. Carl Keith Brindle, Jr. (22-133 - Unpublished)
plain error, prior record level, sentencing classification. | |
| State v. Riggins (22-64 - Unpublished)
trial court erred by failing to conduct adequate substantial similarity analysis for out-of-state conviction; remanded for resentencing based on incorrect prior record level calculation and for proper substantial similarity analysis | |
| State v. Starnes (22-43 - Unpublished)
Motion to suppress; reasonable suspicion to effectuate traffic stop; mistake of fact; unchallenged findings of fact. | |
| State v. Ward (22-219 - Unpublished)
probation revocation; trial court must make finding of good cause to revoke probation after probationary period; no prejudice from checking box 4 stating each violation is sufficient to revoke when only one violation was sufficient. | |
| State v. Wesley Clayton Rhom (22-68 - Unpublished)
drug trafficking; substantial assistance; ineffective assistance of counsel; plea agreement; sentencing; constitutional right to trial by jury |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 21 PETITIONS AND 138 MOTIONS.
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Filed: 20 September 2022 Mandate: 10 October 2022 Zip File of Published Opinions Case Title / Description | |
| Davidson v. Tuttle (21-387 - Published)
Child custody; Modification; Substantial change of circumstances | |
| Frye v. Hamrock, LLC (22-188 - Published)
Workers' Compensation; Pickrell presumption; heart attack; compensable cause of death; witness credibility | |
| In re: Pellicciotti (21-497 - Published)
comparison of the elements, substantially similar, substantial similarity, reportable offense, statutory rape, registration as a sex offender | |
| Logue v. Logue (21-485 - Published)
Equitable distribution; valuation methodology; market-value approach; goodwill calculation; sufficiency of findings of fact | |
| Mosiello v. Mosiello (21-734 - Published)
Equitable Distribution; Marital misconduct; Wasting or damaging marital assets; Unequal distribution factors; Abuse of Discretion; Valuation opinion | |
| The N.C. State Bar v. Merritt (22-191 - Published)
Rules 1.19(a) and 8.4(a) of Rules of Professional Conduct; whole record review; attempt to engage in sexual relations with current client; sexual relationship with current client; substantial harm to client and profession; unchallenged adjudicatory findings; fiduciary attorney-client relationship; sanction of suspension; no abuse of discretion. | |
| State v. Charles (21-792 - Published)
Cruelty to animals, arson, malicious intent, statutory interpretation, sufficiency of indictment | |
| State v. Pierce (21-628 - Published)
Serious Harm to Law Enforcement Animal; Lesser-Included Offense; Jury Instruction; Self-Defense; Willfulness; Plain Error | |
| State v. Slaughter (21-619 - Published)
Shackling, restraints, prejudicial error, MAR, notice of appeal. | |
| State v. Harper (21-752 - Published)
Resisting, Delaying, or Obstructing a Public Officer; N.C. Gen. Stat. § 14-223 (2021); Communicating Threats; Motion to Dismiss; Verifiable Identification; Out of State Tags and ID; Waiver of Counsel; N.C. Gen. Stat. § 15-A-1242 (2021); Jury Instructions; Invited Error | |
| State v. Campbell (21-143 - Published)
Expert opinion testimony, constructive possession, conditional discharge, plain error | |
| State v. Faucette (21-749 - Published)
Identity theft, identifying information of another person, sufficiency of the evidence | |
| Unpublished Opinions 20 September 2022 - Rule 30e - Zip File of Unpublished Opinions Mandate: 10 October 2022 | |
| Brown v. McLeod (21-704 - Unpublished)
rear-end collision, causation, admissibility of expert testimony | |
| F6 Land Co., LLD v. Ronald O. Edwards (22-110 - Unpublished)
Land sales; Contract; Dual agent; Conditions of sale; Duty to read; Fraud in the indictment; Duress; Recession; Specific performance; Summary judgment | |
| Gunter v. Thrive Senior Living, LLC (21-766 - Unpublished)
interlocutory order, arbitration agreement, contractual relationship | |
| HD Hosp.ity, LLC v. Live Oak Banking Co. (21-795 - Unpublished)
commercial loan; fraudulent concealment; reliance; damages; Section 1031 exchange; breach of the duty to negotiate in good faith | |
| In re E.G. (22-237 - Unpublished)
Termination of parental rights; failure to make reasonable progress; N.C.G.S. 7B-1111(a)(2) | |
| In re J.M., D.J., C.J., J.T. (22-288 - Unpublished)
Termination of Parental Rights, Motion to Withdraw, Right to Counsel | |
| in re JP, NJ (22-210 - Unpublished)
termination of parental rights, neglect, willful failure to make reasonable progress, best interest of the child | |
| Kegan O. McDonald v. Severino Jose Ramirez and C and H Site Cleanup, LLC (21-780 - Unpublished)
negligence; contributory negligence; summary judgment; sudden emergency doctrine | |
| Melissa Kaser v. Michael Zwick (22-1 - Unpublished)
Consent DVPO, Rule 60(b)(4) Motion, Void Judgment, Finding Domestic Violence Occurred. | |
| Natalie Dragonette v. Curtis W. Taylor, III (22-168 - Unpublished)
child custody, finding of fact, permanant order, sufficient evidence, best interest of the child | |
| State v. Cooper (18-637-3 - Unpublished)
Satellite-based monitoring; reasonableness under Fourth Amendment | |
| State v. Hayes (21-613 - Unpublished)
Entrapment defense, entitlement to jury instructions on entrapment, prejudicial error | |
| State v. Joseph Ngigi Kariuki (22-11 - Unpublished)
motion to dismiss; insufficiency of the evidence; first-degree forcible rape; serious personal injury; jury instruction; constructive force; mental defect | |
| State v. Shawn Beau Croteau (22-4 - Unpublished)
statutory rape and indecent liberties with a child; motion to dismiss; corpus delicti ('body of the crime'); strong corroborative evidence of Defendant's extrajudicial confession; bench trial; affirmed | |
| State v. Whitaker (21-732 - Unpublished)
Joinder; Joinder of offenses; Transactional connection; Single scheme or plan; N.C. Gen. Stat. § 15A-926(a); Prejudice; Same location; Same victim; Same defendant; Modus Operandi; Abusive relationship; Lapse in time; 404(b); Rape; Assault; Assault with deadly weapon; AWDWISI | |
| State v. Zabiane Williams (21-577 - Unpublished)
Murder; rape; arson; burglary; exclusion of evidence of third-party guilt; constitutional right to present defense; acting in concert theory; harmless beyond a reasonable doubt |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 21 PETITIONS AND 138 MOTIONS.
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Filed: 6 September 2022 Mandate: 26 September 2022 Zip File of Published Opinions Case Title / Description | |
| Bartlett v. Burke (22-95 - Published)
Specific Personal Jurisdiction; N.C. Gen. Stat. 1-75; Long-Arm Statute Due Process; Stream of Commerce; Minimum contacts; Products Liability; Arise out of or relate to | |
| In re: George (22-33 - Published)
Motion to set aside foreclosure; N.C. R. Civ. P. 60(b); attorneys' fees; prevailing party; restitution; unclean hands | |
| Coastal Conservation Ass'n v. State of N.C. (21-654 - Published)
Public Trust Doctrine; Sovereign Immunity; Motion to Dismiss; Conservation of Natural Resources Clause; Right to Hunt, Fish, and Harvest Wildlife. | |
| In re: B.W.C. (22-124 - Published)
juvenile delinquent; N.C.G.S. 5A-31; N.C.G.S. 7B-1501 | |
| In re: Gerringer (21-556-2 - Published)
estate proceedings; N.C. Gen. Stat. 30-3.1; petition for elective share by surviving spouse; | |
| Lovett v. Univ. Place Owner's Ass'n (22-28 - Published)
12(b)(6) Motion to Dismiss; Contributing negligence; Gross negligence; Voluntary intoxication | |
| In re: M.T. & K.T. (21-755 - Published)
3.1; order ceasing reunification; termination of parental rights; grounds of abuse or neglect; admission of evidence at termination of parental rights disposition stage | |
| Richards v. Harris Teeter, Inc. (21-804 - Published)
workers' compensation; Seagraves test; constructive refusal of suitable employment | |
| State v. Cheers (21-498 - Published)
satellite-based monitoring; term of 30 years; trial court's jurisdiction to conduct SBM hearing; recidivist also convicted of offense involving physical, mental, or sexual abuse of minor; sufficient findings to support highest possible level of supervision | |
| State v. Adams (21-459 - Published)
child abuse, motion to dismiss, voir dire, probation | |
| State v. Lawson (21-698 - Published)
Criminal Pleadings, Sufficiency of Indictments, Animal Cruelty, Improper Closing Argument | |
| State v. See (22-9 - Published)
voluntary discovery; N.C. Gen. Stat. 15A-903; laboratory records | |
| Unpublished Opinions 6 September 2022 - Rule 30e - Zip File of Unpublished Opinions Mandate: 26 September 2022 | |
| Blaylock v. York (22-173 - Unpublished)
Rule 60(b) motion for relief from judgment; interlocutory appeal. | |
| Brian T. Strohm and wife Julie A. Strohm v. Eleanor H. Morgan, Tr.ee of the Eleanor H. Morgan Revo (22-91 - Unpublished)
'time being of the essence' clause; waiver; Real Estate Offer to Purchase and Contract | |
| Hall v. Brunswick Plantation Prop. Owners Ass'n (21-748 - Unpublished)
motion to dismiss properly granted; failure to allege substantive elements of claim; lack of subject matter jurisdiction due to lack of standing | |
| In re Z.M., M.M., M.M., Z.M. (22-167 - Unpublished)
findings of fact supported conclusions of law that grounds existed to terminate respondents' parental rights and conclusions were not erroneous | |
| In the Matter of J.M. (21-775 - Unpublished)
juvenile delinquent; N.C.G.S. 7B-2405; privilege against self-incrimination; State concedes error | |
| Jacqueline L. Gray. v. Wells Fargo Bank, N.A. (21-609 - Unpublished)
Foreclosure, Deed of Trust, Collateral estoppel, Foreclosure proceeding, Non-Judicial, Res Judicata, Notice, Doctrine of Collateral estoppel, Non-mutual collateral estoppel, Defensive collateral estoppel, Foreclosure sale, Assistant clerk, Foreclose, Damages, Default, Parties, Reverse Mortgage, Interlocutory, Borrower, Substitute Trustee, Immediate appeal, Summary Judgment | |
| Rachel Goode v. Leisure Entm't Corp. d/b/a Laser Quest (22-77 - Unpublished)
no error in dismissing complaint for lack of personal jurisdiction; insufficient process; insufficient service of process; no abuse of discretion in denying Rule 60(b) motion | |
| Rachel Goode v. Leisure Entm't Corp. d/b/a Laser Quest (22-370 - Unpublished)
no error in dismissing complaint for lack of personal jurisdiction; insufficient process; insufficient service of process; no abuse of discretion in denying Rule 60(b) motion | |
| State of N. Carolina v. Gavin Selbourne Larkin (22-10 - Unpublished)
felony hit and run; reckless driving; motion to dismiss; Rule 403; N.C.G.S. 1343.2 | |
| State of N. Carolina v. Jared Eugene Nicholson (21-465 - Unpublished)
trial court did not err in allowing officer testimony about his subsequent actions after interviewing non-testifying co-defendant; it was not plain error for the trial court to allow prosecutor to ask leading question about identity of defendant or to specify the items of stolen property in jury instructions for charge of felony larceny; thus, no errors occurred, the cumulative effect of which required a new trial | |
| State v. Burbage (22-35 - Unpublished)
probation revocation; absconding; clerical error | |
| State v. Goncalves (21-801 - Unpublished)
Search incident to Arrest; Motion to Suppress; Waiver at Trial; Rule 404(b); Plain Error Review | |
| State v. Justin Lee Abernathy (21-765 - Unpublished)
Motion to suppress, reasonable suspicion for investigatory stop, probable cause to search vehicle, de minimis extension of stop for K9 sniff | |
| State v. Kirk (21-531 - Unpublished)
Anders brief; Motion to Preserve; Evidence + DNA; Testing | |
| State v. Laquan Leon Williams (21-647 - Unpublished)
First Degree Murder; Premeditation and Deliberation; Lying in Wait; Motion to Dismiss; Jury Instructions; Denial of Mistrial | |
| State v. Lassiter (21-461 - Unpublished)
first-degree murder, attempted murder, insanity defense, victim impact evidence | |
| State v. Mason Troy Nickelson (21-699 - Unpublished)
possession of a weapon by a prisoner; sufficiency of indictment; motion to dismiss; lay opinion | |
| State v. Mintz (21-437 - Unpublished)
driving while impaired, motion to continue, motion to dismiss | |
| State v. Outlaw (21-669 - Unpublished)
Suppression motion, traffic stop, consent, consensual encounter with public officer, scope of consent | |
| State v. Samuel Boswelf (21-789 - Unpublished)
possession with intent to manufacture, sell, or deliver marijuana; motion for joinder; motion to dismiss for insufficiency of the evidence; intent element | |
| Suozzo v. Suozzo (22-62 - Unpublished)
separation agreement, the doctrine of laches, accumulation of payment obligation | |
| Zhang v. Zhang (22-245 - Unpublished)
Summary judgment, issue of material fact, defamation, truth of statements, negligence, breach of duty |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 21 PETITIONS AND 138 MOTIONS.
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Filed: 16 August 2022 Mandate: 6 September 2022 Zip File of Published Opinions Case Title / Description | |
| Biggs v. Brooks (21-653 - Published)
Automobile accident; summary judgment; negligence; negligent entrustment; N.C. Gen. Stat. 20-71.1; statutory agency relationship between driver and owner of vehicle | |
| Blaylock v. AKG N. Am. (21-607 - Published)
North Carolina Rules of Civil Procedure; actual notice of service of process does not cure ineffective service of process; general appearance; filing of removal in state court does not constitute a general appearance | |
| Beavers v. McMican (21-85 - Published)
Alienation of Affection, Criminal Conversation, Sufficiency of the Evidence. | |
| Johnson v. Guilford Cty. Bd. of Educ. (21-630 - Published)
head-on collision between car and school bus; Tort Claims Act; North Carolina Industrial Commission; Guilford County Board of Education; negligence; doctrine of sudden emergency; 'act instantly;' last clear chance | |
| Morris v. Rodeberg (21-378 - Published)
medical malpractice action filed by a minor; N.C. Gen. Stat. § 1-17; statute of limitations; N.C. Gen. Stat. § 1-15(c); as-applied constitutional challenge | |
| Gaston Cty. Bd. of Educ. v. Shelco, LLC (21-618 - Published)
contractor, statue of repose, Rule 12(b)(6), motion to dismiss | |
| In re: A.D. (22-118 - Published)
Termination of parental rights; Willful failure to make reasonable progress; Mental Health; TASC; MRT; Therapy; Celebrate Recovery; Employment; Visitation; Substance Abuse; Homeless; COVID-19; DBT; Dialectical Behavioral Therapy; Case plan; DNA testing; Appropriate housing; Recovery group; Drug screen; N.C. Gen. Stat. § 7B-1111(a)(2). | |
| In re: A.M.C. & A.D.C. (21-576 - Published)
Termination of parental rights, financial contribution, incarceration. | |
| In re: H.B. (21-760 - Published)
termination of parental rights; sufficient findings of fact; N.C.G.S. 7B-1111(a)(2) | |
| Keenan v. Keenan (21-579 - Published)
Domestic Violence Protective Order, Acts of the Defendant, Admissibility of Evidence. | |
| N.C. Farm Bureau Mut. Ins. Co., Inc. v. Hebert (22-82 - Published)
judgment on the pleadings; underinsured motor vehicle; multiple claimant exception | |
| R.E.M. Constr., Inc. v. Cleveland Constr., Inc. (21-781 - Published)
arbitration; actual direct costs; equitable remedy; manifest disregard of the law | |
| Snipes v. TitleMax of Va., Inc. (21-374 - Published)
Federal Arbitration Act; essence of the contract; manifest disregard | |
| State v. McIver (22-107 - Published)
Evidence, Expert opinion, Expert testimony, Hearsay, Motion in limine, Issue preservation, Objection, Presence of jury, Impact on jury, Plain error, Jury instruction, Rule 10, N.C. R. App. P. 10(a)(2) | |
| State v. Highsmith (21-593 - Published)
warrantless search and seizure; marijuana and hemp; actual knowledge; ineffective assistance of counsel | |
| State v. Gordon (17-1077-3 - Published)
satellite-based monitoring; Fourth Amendment; search; reasonableness | |
| State v. Williams (20-859 - Published)
preservation; presumption of innocence; due process; attorney conflict of interest; trial court implying an opinion | |
| Unpublished Opinions 16 August 2022 - Rule 30e - Zip File of Unpublished Opinions Mandate: 6 September 2022 | |
| Brookside Park Affordable LLC v. Dayonna Hart (21-680 - Unpublished)
Summary ejectment action, service of process, substantial compliance, actual notice | |
| Damar Emmanuel Alston v. Danette Lavon Cooke (21-655 - Unpublished)
Interlocutory appeal; substantial right; right to venue; prior pending action. | |
| Herron v. Town of Jamestown (21-605 - Unpublished)
Town ordinances; keeping potbellied pigs as pets in residentially-zoned district; livestock; swine; limited agriculture; agricultural production; legal non-conforming use; official zoning maps | |
| in re A.D., A.D., A.D. (21-615 - Unpublished)
Termination of parental rights; neglect; failure to make reasonable progress | |
| In re E.B. (21-621 - Unpublished)
Appellate Jurisdiction; Notice of Appeal; Petition for Writ of Certiorari; Abuse, Neglect, and Dependency | |
| In re E.L.G., Jr. (22-139 - Unpublished)
Dependency; Termination of Parental Rights; Sufficiency of the Evidence | |
| In re H.S., K.S., R.E. (21-726 - Unpublished)
3.1, permanency planning hearing, permanency planning order, permanency plan, reunification, guardianship, insufficient findings of fact | |
| In re M.M.H. (22-25 - Unpublished)
Termination of parental rights; respondent-parent not present for hearing; sufficiency of trial court inquiry before proceeding in respondent's absence; ineffective assistance of counsel claim | |
| In re Z.R.F.D., J.L.G.D., A.J.F.D. (21-602 - Unpublished)
fitness as a parent; constitutionally protected parental status; reasonable efforts; verification of guardianship | |
| In re: A.R. & L.R. (22-155 - Unpublished)
Termination of parental rights; dependency; neglect; failure to make reasonable progress; only one ground required to support termination; unchallenged grounds for termination binding on appeal | |
| In re: K.S. (20-271-2 - Unpublished)
neglected juvenile; de novo review | |
| In re: N.C. (22-161 - Unpublished)
Rule 3.1(e); no-merit brief; termination of parental rights | |
| In the Matter Of H.Q. (21-739 - Unpublished)
Recommitment, dangerous to others, findings of fact, expired term but not moot, involuntary commitment, not guilty by reason of insanity | |
| RIOPELLE VS FULLERS (22-18 - Unpublished)
Family law; child custody; denial of motion for attorneys' fees | |
| Salter v. Salter (21-201 - Unpublished)
modification of child custody; substantial change in circumstances; contempt | |
| Stage v. John McNeil (21-629 - Unpublished)
First degree murder, confrontation clause, character evidence, prior conviction of victim | |
| State of N. Carolina v. Demien Percell Price (22-65 - Unpublished)
traffic stop; reasonable articulable suspicion; probable cause; odor of marijuana; vehicular search; Fourth Amendment | |
| State of N. Carolina v. Linda Parham (21-728 - Unpublished)
Evidence, Motion to suppress, Police checkpoint, DUI checkpoint, Constitutional, Form HP-14, Arrest, Probable cause, Seizure, Alcohol, Driving while Impaired. | |
| State v. Avis Devon Hardy (21-603 - Unpublished)
Constructive possession; motion to dismiss; substantial evidence | |
| State v. Jesse Lee Everett, Jr. (21-596 - Unpublished)
Felony breaking and entering; sufficiency of factual basis to support plea; denial of motion to withdraw guilty plea; imposition of electronic monitoring as condition of probation; restitution not supported by evidence | |
| State v. Pheng Lee (21-711 - Unpublished)
Murder; sufficiency of evidence or stipulation to support restitution award; nonprejudicial error in calculation of prior record level points | |
| State v. Theodore Robert Kuhl, Jr. (21-751 - Unpublished)
absence of pattern jury instruction on jury unanimity did not constitute plain error | |
| State versus Wesewing Reser (20-695 - Unpublished)
DWI, driving while intoxicated, operation of vehicle, jury instructions, correction to proposed jury instructions, charge conference, preservation of constitutional issue, context of objection | |
| Steven R. Mozeley v. City of Charlotte (21-712 - Unpublished)
12c judgment on the pleadings, rezoning application, remote meetings, city code, openness of meetings, spot zoning, arbitrary and capricious decision, constitutional due process, statutory notice | |
| Town of Nags Head v. Budlong Enter.s (21-22 - Unpublished)
Condemnation; denial of motion to amend complaint; undue delay; futility; public trust doctrine |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 21 PETITIONS AND 138 MOTIONS.
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Filed: 2 August 2022 Mandate: 22 August 2022 Zip File of Published Opinions Case Title / Description | |
| Ashe Cnty. v. Ashe Cnty. Plan. Bd. (18-253-2 - Published)
(View Supreme Court Opinion) land use regulation; permit choice statutes do not apply unless a complete application for a land use approval has been submitted and did not apply where complete application was not submitted until after moratorium prohibiting requested use was adopted, but before ordinance under which land use was requested was repealed and replaced by new, more onerous ordinance; moratorium statute in effect at the time moratorium when into effect had exemptions, none of which were applicable to moratorium at issue, so moratorium barred approval of land use application during its duration; proposed asphalt plant did not qualify as an approvable use of land under relevant ordinance because of its proximity to two commercial buildings; inconsistencies between representations in two permit applications supported inference of deceptive intent | |
| Asher v. Huneycutt (21-689 - Published)
premises liability; negligence per se; common-law negligence; landlord; lawful visitor | |
| Berens v. Berens (21-436 - Published)
child support obligation, retroactive modification of past child support obligations, parental income calculation | |
| Cromartie v. Goodyear Tire & Rubber Co., Inc. (21-236 - Published)
North Carolina Industrial Commission; compensable injury; dispute ripe; remand for additional findings about Plaintiff's disability status; suitable employment | |
| Gray v. E. Carolina Med. Servs., PLLC (20-898 - Published)
Rule 9(j); trial court erred in dismissing complaint for failure to substantively comply with Rule 9(j); Rule 702(b)(1)b.; reasonable for plaintiff to expect proffered expert to qualify as an expert; Rule 702(b)(2); | |
| In re: A.N.S., Jr. (22-277 - Published)
termination of parental rights; unchallenged findings of fact support conclusion of law that juvenile was neglected; | |
| In re: R.A.F. & R.G.F., IV (21-754 - Published)
N.C. Gen. Stat ? 7B-1108.1; Notice of Termination hearing; Adequate inquiry; Right to counsel; N.C. Gen. Stat. ? 7B-1106(a)(1); N.C. Gen. Stat. ? 7B-1101.1; Appearance; Withdrawal; Fundamental fairness; Parental rights; Termination of Parental Rights; TPR; Contact; Motion to extend time. | |
| Izzy Air, LLC v. Triad Aviation, Inc. (21-284 - Published)
Unfair and Deceptive Trade Practices Act; UDTP; N.C. Gen. Stat. 75-1.1; N.C. Gen. Stat. 1-21; UDTP cause of action arose outside of state such that borrowing provision applied; no error in dismissing action for failure to state a claim; Rule 12(b)(6) | |
| Kinsley v. Ace Speedway Racing, Ltd. (21-428 - Published)
Abatement of mass gatherings during pandemic, 12(b)(6) dismissal, constitutional claims, sovereign immunity, right to fruits of own labor, selective enforcement | |
| State v. Joyner (21-83 - Published)
Exploitation of a disabled or elderly person while in a business relationship; Obtaining Property by False Pretenses; Confrontation Clause; Cross-examine; Opportunity to cross-examine; Hearsay, Hearsay exception; N.C. Gen. Stat. ? 8C-1, Rule 804; Witness unavailable; Former testimony; Crawford; Testimonial statements; No-Contact Order; Absent from trial; Due Process; Sixth Amendment; Right to inspect; Weatherford. | |
| State v. McDougald (21-286 - Published)
Violent Habitual Felon Statute; mandatory LWOP; Juvenile conduct; eighth amendment; ineffective assistance of counsel; motion for appropriate relief | |
| State v. Pickens (20-515 - Published)
no error in admitting challenged Rule 404(b) evidence; trial court improperly considered the defendant's exercise of his constitutional right to demand a trial by jury in deciding to impose three consecutive sentences | |
| State v. Wentz (22-125 - Published)
Plea agreement; Plea arrangement; Withdrawn plea; Withdrawal; Alford plea; N.C. Gen. Stat. ? 15A-1024; Plea Bargain; Consideration; Inducement; Constitutional right; Benefit of the bargain; Sentencing. | |
| Visible Props., LLC v. Vill. of Clemmons (21-398 - Published)
Zoning; digital billboards; interpretation that harmonizes conflicting provisions; ambiguous language in zoning ordinances construed in favor of free use of real property | |
| Walker v. Wake Cty. Sheriff's Dep't (21-661 - Published)
Defamation; motion for judgment on the pleadings, N.C. Gen. Stat. 1A-1, Rule 12(c); motion to dismiss for failure to state a claim, N.C. Gen. Stat. 1A-1, Rule 12(b)(6); qualified privilege defense; fair report privilege defense | |
| Unpublished Opinions 2 August 2022 - Rule 30e - Zip File of Unpublished Opinions Mandate: 22 August 2022 | |
| Clean N Dry, Inc. v. Edwards (21-771 - Unpublished)
trial court did not abuse its discretion in denying defendant's motion to amend complaint for apparent reason of undue delay and where amendment would have unduly prejudiced plaintiff | |
| Hill v. Durrett (21-460 - Unpublished)
Void marriage, annulment, hearsay, judicial estoppel, equitable estoppel | |
| In re D.E.G., II (22-159 - Unpublished)
3.1; termination of parental rights; no-merit brief | |
| In re D.L.B., E.R.B. (22-140 - Unpublished)
Rule 3.1(e); no-merit brief; independent review of the record; termination of parental rights; best interest of the children; sufficient findings of fact and conclusions law; no abuse of discretion; no reversible error. | |
| In re J.M.L. and J.H.F. (22-182 - Unpublished)
Rule 3.1(e); No-Merit Brief; Termination of Parental Rights | |
| in re L.C., L.C. (22-12 - Unpublished)
termination of parental rights; hearsay; neglect | |
| In re N.G. (21-764 - Unpublished)
Permanency planning; guardianship; application of appropriate legal standard; best interests; verification of financial resources and understanding of legal significance of guardianship; waiver of further review; required findings of fact | |
| In re P.A.B. (22-44 - Unpublished)
guardianship; constitutionally protected parental status; visitation; hearing waiver; reunification | |
| In re S.S. (21-705 - Unpublished)
Termination of parental rights, financial contribution, due process. | |
| In re T.M. (21-676 - Unpublished)
Termination of parental rights Familial priority N.C. Gen,. Stat. § 7B-903(a1) | |
| In the Matter of J.T. (22-177 - Unpublished)
Termination of parental rights, challenge to disposition, findings of fact, supported or unchallenged binding | |
| Matter of F.C.H. (22-72 - Unpublished)
Termination of Parental Rights; Insufficient Evidence; Repetition of Neglect; Willful Abandonment; Record on Appeal | |
| Matters of DC, FS, JH, DS (22-145 - Unpublished)
Termination of parental rights; Neglect; Willful failure; Domestic violence; Parental capacity assessment; Sexual abuse; Mental health; Juvenile; Substance abuse; Visitation; Foster care; N.C. Gen. Stat. § 7B-1111(a)(2); Adjudication; Basic needs; Reasonable progress; Behavioral health; Relationships; DSS; Contact; GAL; Anger management; Parenting class. | |
| Smith v. Greenwald (21-802 - Unpublished)
Interlocutory appeal; incorrect statement of grounds for appellate review; lack of appellate jurisdiction | |
| State v. Schalow (19-215-2 - Unpublished)
Prosecution of current child abuse and assault charges may proceed, consistent with the constitutional prohibition against double jeopardy, where the current charges are not the same offense as the previous attempted first-degree murder charge. | |
| State v. Shadow Christenson (21-723 - Unpublished)
Assault by strangulation; motion to dismiss; sufficient evidence of physical injury |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 21 PETITIONS AND 138 MOTIONS.
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Filed: 19 July 2022 Mandate: 8 August 2022 Zip File of Published Opinions Case Title / Description | |
| Britt v. Britt (21-595 - Published)
child support; monthly gross income; ordinary and necessary business expenses | |
| Grooms Prop. Mgmt., Inc. v. Muirfield Condo. Ass'n (22-49 - Published)
Partial Summary Judgment; Interlocutory Appeal; Homeowners Association Declaration; Contract Interpretation; Petition for Writ of Certiorari | |
| Hundley v. AutoMoney, Inc. (21-305 - Published)
N.C. R. Civ. P. 12(b)(6); motion to dismiss; personal jurisdiction; minimum contacts | |
| Leake v. AutoMoney, Inc. (21-411 - Published)
Personal Jurisdiction; Minimum Contacts; Rule 12(b)(2) motion; Rule 12(b)(6) motion; Choice of Law Provision; N.C. Gen Stat. § 53-190; Predatory Lending; Fundamental Public Policy. | |
| Matthews v. Fields (21-589 - Published)
no option contract; land installment contract; equitable title; trial court erred by declaring the Estate sole owner of the property; | |
| Ralph Hodge Constr. Co. v. Brunswick Reg'l Water & Sewer H2GO (21-565 - Published)
Government contract, withdrawl of bid, security deposit, summary judgment | |
| RH CPAs, PLLC v. Sharpe Patel, PLLC (21-785 - Published)
Confession of judgment; breach of settlement agreement; fraud; misrepresentation | |
| Schooldev East, LLC v. Town of Wake Forest (21-359 - Published)
Superior court's order entered upon review of a quasi-judicial decision; mootness doctrine; competent, material, and substantial evidence; site plan and subdivision permits for charter school; N.C. Gen. Stat. § 160A-307.1; ordinance requiring pedestrian connectivity to schools; street improvements; sidewalk improvements. | |
| State v. Lancaster (21-231 - Published)
Defective indictment, armed to the terror of the public, public highway, lack of jurisdiction | |
| State v. Rouse (21-580 - Published)
habitual impaired driving; suppression; eyewitness testimony; due process, eyewitness identification reform act; sufficiency; jury instruction on flight | |
| Troublefield v. AutoMoney, Inc. (21-421 - Published)
Rule 12(b)(3) motion; Venue; Forum Selection Provision; Personal Jurisdiction; Minimum Contacts; Rule 12(b)(2) motion; Rule 12(b)(6) motion; Choice of Law Provision; N.C. Gen Stat. § 53-190; Predatory Lending; Fundamental Public Policy. | |
| Wall v. AutoMoney, Inc. (21-419 - Published)
Usury Law; NCCFA; UDTPA; Choice-of-Law, Choice-of-Venue, Personal Jurisdiction; Motion to Dismiss | |
| Webb v. Jarvis (21-591 - Published)
Child custody; third party standing; constitutional right to parent; inconsistent parental acts; delegation of parental authority; criminal convictions | |
| Woody v. AccuQuest Hearing Ctr., LLC (21-563 - Published)
motion to dismiss; common-law claim for wrongful discharge in violation of public policy; preemption; statute of limitations | |
| Unpublished Opinions 19 July 2022 - Rule 30e - Zip File of Unpublished Opinions Mandate: 8 August 2022 | |
| Four Roses, LLC v. First Protective Ins. Co. (21-427 - Unpublished)
Rule 12(b)(6); Insurance Coverage; Covid-19 | |
| In re J.L.L. (21-791 - Unpublished)
findings of fact were supported by competent evidence and conclusions of law supported trial court's adjudication of juvenile as neglected | |
| In re J.W. (21-772 - Unpublished)
N.C.R. App. P. 3.1(e); no-merit briefs; termination of parental rights | |
| In re L.T. (21-790 - Unpublished)
Reunification; Permanency Planning Order; N.C. Gen. Stat. § 7B-906.2; Findings of Fact; Competent Evidence; Abuse of Discretion | |
| In re T.S. (21-710 - Unpublished)
involuntary commitment; trial court did not err by finding facts based on evidence admitted for a limited purpose; trial court's findings were supported by competent evidence and were sufficient to support its legal conclusions; trial court did not violate respondent's right to an impartial tribunal; respondent did not receive ineffective assistance of counsel | |
| Kubica v. Morgan (21-508 - Unpublished)
N.C. Gen. Stat. 50-13.5(b); trial court had subject matter jurisdiction over child support issue; | |
| Moseley v. Hendricks (21-747 - Unpublished)
interlocutory appeal, substantial right, contributory negligence, punitive damages, last clear chance | |
| Searcy v. Thornton (21-590 - Unpublished)
Interlocutory appeal; substantial right; pending claims; | |
| Smith v. AutoMoney, Inc. (21-271 - Unpublished)
Personal Jurisdiction; Minimum Contacts; Rule 12(b)(2) motion; Rule 12(b)(6) motion; Choice of Law Provision; N.C. Gen Stat. § 53-190; Predatory Lending; Fundamental Public Policy. | |
| State v. Johnson (21-573 - Unpublished)
Batson objection; peremptory strikes; discrimination | |
| State v. Juarez (21-779 - Unpublished)
Objection to State closing argument, jury instruction on flight, identity of perpetrator, remand to correct clerical error | |
| State v. Martin (21-601 - Unpublished)
Petition for Writ of Certiorari; Prior Convictions; Plain Error; N.C. Gen. Stat. § 8C-1 Rule 402; N.C. Gen. Stat. § 8C-1 Rule 404(b); Ineffective Assistance of Counsel; Motion for Appropriate Relief | |
| Sturdifen v. Brown (21-541 - Unpublished)
child custody; motion to modify custody; relocation; Ramirez-Barker v. Barker; findings of fact; conclusions of law | |
| Wallace v. AutoMoney, Inc. (21-418 - Unpublished)
N.C. R. Civ. P. 12(b)(6); motion to dismiss; personal jurisdiction; minimum contacts | |
| Warley v. AutoMoney, Inc. (21-249 - Unpublished)
Usury Law; NCCFA; UDTPA; Choice-of-Law; Choice-of-Venue; Personal Jurisdiction; Motion to Dismiss |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 21 PETITIONS AND 138 MOTIONS.
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|
Filed: 5 July 2022 Mandate: 25 July 2022 Zip File of Published Opinions Case Title / Description | |
| Bossian v. Bossian (21-483 - Published)
Child support; Equitable Distribution distributive award; Unreimbursed medical expenses; Orthodontic treatment as medically necessary and reasonable medical expenses; Rule 59 Motion; Rule 60 Motion; Abuse of Discretion; Willful contempt; Purge Amount; Notice of Contempt; Lawful modification of child support agreement pursuant to N.C. Gen. Stat. § 50-13.7(a); Private modification of child support agreement. | |
| Cabrera v. Harvest Street Holdings, Inc. (21-328 - Published)
Contract; Property; Summary Judgment; Quiet Title; Quantum Meruit | |
| Cape Homeowners Ass'n, Inc. v. S. Destiny, LLC (21-366 - Published)
Appeal from summary judgment concerning easements in a residential subdivision and adjacent property; Grant of express easement appurtenant over the streets and roads of the subdivision was patently ambiguous; No easement implied by plat existed requiring a property to be kept open for reasonable use by residents of the subdivision. | |
| Cty. of Moore v. Acres (21-552 - Published)
Summary Judgment; Eminent Domain; Inverse Condemnation; Utility Easements | |
| Dominguez v. Francisco Dominguez Masonry, Inc. (21-641 - Published)
workers' compensation; statute of limitations; N.C. Gen. Stat. 97-25.1 | |
| Drum v. Drum (22-78 - Published)
Custody by Grandparent Standing NC Gen Stat 50-13.1 Constitutionally-Protected Status Parental Rights Ceding Supervision of a Minor Failure to Support Extended Absences | |
| Duke v. Xylem, Inc. (21-450 - Published)
Workers' compensation; jurisdiction of North Carolina Industrial Commission; N.C. Gen. Stat. 97-36; location where contract for employment was made; last act test; mandatory drug screening as a prerequisite of employment relationship | |
| Hinton v. N.C. Dep't of Pub. Safety (21-480 - Published)
correctional officer; assault on inmate; North Carolina Rule of Civil Procedure 60(a); amended decisions; excessive use of force; unacceptable personal conduct; just cause; remand for additional findings | |
| In re: A.H.G., O.H.G., J.D.H.G. (21-745 - Published)
termination of parental rights; N.C. General Statutes Subsections 7B-1111(a)(1)-(2); clear, cogent, and convincing evidence; findings of fact support termination grounds; reasonable progress to correct the conditions of neglect which led to children's removal; likelihood of future neglect; Subsections 7B-1110(a)(1)-(6); any relevant consideration; language and culture of parent and children; abuse of discretion; best interests of the children | |
| In re: G.C. (22-38 - Published)
Neglect Adjudication; Prior Neglect/Abuse of Other Children; Sufficiency of Findings of Fact; Substantial Risk of Impairment | |
| ITG Brands, LLC v. Funders Link, LLC (22-32 - Published)
Personal Jurisdiction; Minimum Contacts; NC Gen Stat 75-1.1; First Transferee; Financing Statement; Long Arm Jurisdiction; | |
| N. State Deli, LLC v. The Cincinnati Ins. Co. (21-293 - Published)
Insurance policy, loss of business income, COVID-19, partial summary judgment | |
| N.C. Farm Bureau Mut. Ins. Co., Inc. v. Herring (22-85 - Published)
Underinsured motorist policy, covered resident, facts supporting nonexclusive or split residence, question of fact | |
| State v. Langley (21-395 - Published)
Jury Unanimity; Indecent Liberties With a Child; Jury Instruction; Mistake in Age. | |
| Sullivan v. Pender Cty., Inc. (21-503 - Published)
interlocutory appeal, no substantial right, order setting aside entry of default | |
| Unpublished Opinions 5 July 2022 - Rule 30e - Zip File of Unpublished Opinions Mandate: 25 July 2022 | |
| Eastpointe Hum. Servs. v. N.C. Dep't of Health & Hum. Servs. (21-264 - Unpublished)
Contract; Merger and Acquisition; Statute of Limitation; Declaratory Judgment; Quiet Title; Breach of Contract; Resulting Trust; Equitable Estoppel; Injunctive Relief | |
| Elite Vehicles, Inc. v. Lee (21-730 - Unpublished)
North Carolina Trade Secrets Protection Act; misappropriation of a trade secret; unfair and deceptive trade practices | |
| In re C.L.R. (21-713 - Unpublished)
Termination of Parental Rights, Willful Abandonment, best interest of the child | |
| In re I.B.M. (22-51 - Unpublished)
trial court's findings were supported by competent evidence and findings supported conclusions in permanency planning order eliminating reunification with mother from the juveniles' permanent plan | |
| In re J.S. (21-776 - Unpublished)
3.1; termination of parental rights; best interest; N.C. Gen. Stat. 7B-1110 | |
| In re K.A.S. (21-757 - Unpublished)
Termination of Parental Rights, Dependency, Incarcerated parent | |
| In re K.L. (21-763 - Unpublished)
Evidence to Support Adjudication of Abuse and Neglect in the Petition; Sufficiency of Findings to Support Conclusions of Law | |
| In re L.L. (22-54 - Unpublished)
involuntary commitment; dangerous to others; PWC; findings of fact | |
| In re M.E.W. (21-714 - Unpublished)
Appellate Jurisdiction; Delinquency Proceeding | |
| Jonna v. Yaramada (21-314 - Unpublished)
equitable distribution order supported by findings; competent evidence supported findings of fact; no abuse of discretion in unequally distributing marital estate; | |
| Northstar Broad. Corp. v. Arohi Media LLC (21-430 - Unpublished)
contract, termination, radio station, summary judgment, notice, brief, counterclaim | |
| Portee v. N.C. Dep't of Health & Hum. Servs. (21-386 - Unpublished)
living facility, OAH, de novo, ALJ, present documents | |
| Prentice v. N.C. Dep't of Pub. Safety (21-805 - Unpublished)
Industrial Commission; Tort Claims Act; negligence | |
| Setzer v. Monarch Projects LLC (21-623 - Unpublished)
domestication, foreign judgment, Florida, personal jurisdiction, service of process, collateral attack, amended complaint, filed without leave | |
| Shearon Farms Townhome Owners Ass'n II, Inc. v. Shearon Farm Dev., LLC (21-717 - Unpublished)
Rule 12 (b)(1); Association Standing; In re: Civil Penalty; | |
| State v. Anderson (21-664 - Unpublished)
variance, indictment, facts supporting, sex offender, change of address, prison | |
| State v. Cameron (21-442 - Unpublished)
Reasonable Suspicion; Motion to Suppress; Probable Cause; Finding of Fact; Competent Evidence; Search and Seizure; Fourth Amendment; and Speeding | |
| State v. Howard (21-294 - Unpublished)
Reasonable Suspicion; Probable Cause; Traffic Stop; Seizure; N.C. Gen. Stat. § 106-568.50; Fourth Amendment; Competent Evidence; Conclusion of Law | |
| State v. Jones (21-741 - Unpublished)
Probation Revocation; Absconding | |
| State v. Michelson (21-500 - Unpublished)
plea agreement; petition for writ of certiorari; N.C.G.S. 15A-1444 | |
| State v. Mingo (22-22 - Unpublished)
plain error; admission of testimony; right to remain silent | |
| State v. Perez (21-724 - Unpublished)
defense of family member, jury instruction, plain error, definitions | |
| State v. Portillo-Tobias (21-511 - Unpublished)
jury instructions; bench trial; colloquy; waiver | |
| State v. Rook (21-587 - Unpublished)
Conspiracy, Jail credits, larceny, Motion to Dismiss, Motion for Mistrial | |
| State v. Sisk (21-616 - Unpublished)
Miranda rights, custodial interrogation, knowing and intelligent waiver of Miranda rights, intoxication | |
| State v. Speight (22-108 - Unpublished)
independent review of the record under Anders showed that there was no error in trial for malicious conduct by a prisoner | |
| State v. Stocker (21-742 - Unpublished)
Anders brief; appeal wholly frivolous | |
| Truth Temple v. Word Proclaimed Church of God in Christ, Inc. (21-737 - Unpublished)
admission of witness testimony; sufficiency of findings of fact and conclusions of law; judicial determination of rights to use and control church property |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 21 PETITIONS AND 138 MOTIONS.
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|
Filed: 21 June 2022 Mandate: 11 July 2022 Zip File of Published Opinions Case Title / Description | |
| Cash v. Cash (21-156 - Published)
modification of child custody; best interest of the child; misapprehension of the law | |
| Fore v. The Western N.C. Conf. of the United Methodist Church (21-546 - Published)
NC Gen Stat 132-1.4 Real Party in Interest Interlocutory Appeal SAFE Child Act Jus Tertii Substantial Right Aggrieved Party Non-joined Third Party | |
| In re: Gerringer (21-556 - Published)
Estates; spousal elective share; property held as joint tenants with right of survivorship; superior court's review on appeal | |
| In re: L.M.B. (21-544 - Published)
termination of parental rights; failure to pay a reasonable portion of the cost of care; 'in-kind' contributions; N.C. R. Civ. P. 63; substitute judge | |
| In re: R.J.P. (21-796 - Published)
Juvenile; Guardianship; Visitation Rights; Visitation Plan; Finding of Fact; Conclusion of Law; De Novo; Permanent Plan; Best Interest; N.C. Gen. Stat. § 7B-905.1(a). | |
| Jain v. Jain (21-468 - Published)
Child support, N.C. Gen. Stat. 50-13.4; trial court's findings of fact did not support finding of minor child's reasonable needs or award of permanent child support. | |
| K&S Res., LLC v. Gilmore (21-484 - Published)
summary judgment; statute of limitations; renewal of amended judgment; N.C. R. Civ. P. 52(b); N.C. R. Civ. P. 59(e); statutory tolling provisions | |
| Shebalin v. Shebalin (21-425 - Published)
order for appointment of parenting coordinator; interlocutory; sanctions | |
| Shropshire v. Shropshire (21-332 - Published)
Equitable distribution; divisible property; reopening of evidence sua sponte; insufficient findings of fact; no abuse of discretion. | |
| Singleton v. N.C. Dep't of Health & Hum. Servs. (21-558 - Published)
NC Gen Stat 131E-175 Certificate of need Exhaustion of remedies Administrative procedure act Declaratory judgment As applied challenge Failure to exhaust remedies Substantive due process Procedural due process | |
| State of N.C. v. The Chemours Co. FC, LLC (21-225 - Published)
Motion to intervene, N.C. Rule of Civil Procedure 24, trial court did not abuse its discretion by denying motion to intervene as untimely. | |
| State v. Anthony (18-1118-3 - Published)
satellite-based monitoring; aggravated offense | |
| State v. Cholon (21-635 - Published)
MAR; ineffective assistance of counsel; Harbison violation | |
| State v. Grimes (21-663 - Published)
motion to dismiss; sufficiency of the evidence; specific intent; kidnapping; jury instructions; no plain error; assault on a female; N.C. R. App. P. 2 | |
| State v. Sanders (21-358 - Published)
In rem jurisdiction; Civil forfeiture; Criminal forfeiture. | |
| State v. Wright (20-250 - Published)
Sufficiency of indictment, failure to notify the last registering sheriff of a change of address, jury instructions, plain error, motion to dismiss, right to allocution, attorney fees, entry of order. | |
| Unpublished Opinions 21 June 2022 - Rule 30e - Zip File of Unpublished Opinions Mandate: 11 July 2022 | |
| Brookline Homes, LLC v. City of Mount Holly (21-514 - Unpublished)
Rule 60(b)(1); excusable neglect; class action | |
| Gleason v. Charlotte-Mecklenburg Hosp. Auth. (21-501 - Unpublished)
summary judgment; hospital facility fees; breach of contract; quantum meruit; EMTALA; motion to strike | |
| In re A.M. (21-657 - Unpublished)
Termination of parental rights; sufficiency of findings of fact; sufficiency of conclusions of law; willful failure to make reasonable progress; N.C. Gen. Stat. § 7B-1111(a)(2); domestic violence; substance abuse; affirmed. | |
| In re Est. of Randolph (21-803 - Unpublished)
interlocutory order | |
| In re G.M.A. (21-686 - Unpublished)
Residual hearsay exception, unavailability of juvenile declarant, trustworthiness, more probative than other available evidence | |
| In re K.E.M. (21-594 - Unpublished)
Termination of parental rights; TPR; Willful failure to make reasonable progress; Substance abuse; Inconsistent progress; Neglected juvenile | |
| In re K.L. (21-798 - Unpublished)
trial court's adjudication of neglect was supported by competent evidence of substantial risk of future harm and lack of parental concern where mother murdered father in the presence of her two children | |
| In re N.C.-L.L.S. (21-625 - Unpublished)
ICWA 25 USC 1912 Termination of parental rights Federally recognized tribe | |
| In re T.H. (21-659 - Unpublished)
Termination of Parental Rights, Failure to Make Reasonable Progress, Sufficient Evidence, Addiction | |
| In re V.S.D. (21-782 - Unpublished)
termination of parental rights, grounds for termination, willful abandonment, best interests of the child | |
| Russe v. Youngblood (21-799 - Unpublished)
summary judgment; PWC; public official immunity | |
| State v. Cole (21-522 - Unpublished)
trial court abused its discretion in concluding the defendant had absconded, thereby violating his probation, in the absence of sufficient evidence that the alleged absconding was willful | |
| State v. Cooper (21-598 - Unpublished)
trial court did not plainly err by not instructing jury on reasonable belief in consent as defense to charge of second-degree forcible sexual offense because this defense is not recognized under North Carolina law; cold record did not reveal that trial counsel was ineffective | |
| State v. Freeman (22-17 - Unpublished)
Anders brief; Alford plea; sentencing | |
| State v. Garcia (21-331 - Unpublished)
satellite-based monitoring; State v. Hilton; conflict between trial court's oral ruling and written order | |
| State v. Harvey (21-203 - Unpublished)
Murder; robbery with a dangerous weapon; motion to suppress; preservation; waiver; sufficiency of search warrant affidavit; staleness of information in warrant affidavit; exclusion of self-defense evidence as discovery sanction; Hobson's choice dilemma | |
| State v. Lee (21-13 - Unpublished)
Expert witness; Expert witness testimony; North Carolina Rule of Evidence Rule 702; Daubert factors; North Carolina Rule of Evidence Rule 403; Probative value; First-degree Murder; qEEG assessments; qEEG | |
| State v. O'Kelly (20-693-2 - Unpublished)
satellite-based monitoring; lifetime SBM; | |
| State v. Price (22-113 - Unpublished)
clerical error, jail credit, time served | |
| State v. Roach (21-517 - Unpublished)
ineffective assistance of counsel; confrontation clause; statements offered to explain subsequent actions during an investigation | |
| State v. Shade (21-538 - Unpublished)
plea agreement; petition for writ of certiorari; N.C.G.S. 15A-1444 | |
| State v. Stacks (21-167 - Unpublished)
mistrial; closing arguments | |
| Stewart v. Goulston Techs., Inc. (21-642 - Unpublished)
Workers' Compensation, Arising out of Employment, Idiopathic Condition, Sufficient Evidence, Unexplained Falls | |
| Wright v. Jackson (21-614 - Unpublished)
Living trust; spendthrift trust; revocability; slayer statute |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 21 PETITIONS AND 138 MOTIONS.
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|
Filed: 7 June 2022 Mandate: 27 June 2022 Zip File of Published Opinions Case Title / Description | |
| Archie v. Durham Pub. Sch. Bd. of Educ. (21-313 - Published)
summary judgment; plaintiff's recovery barred by contributory negligence; no gross negligence | |
| Dean v. Rousseau (21-518 - Published)
Rule 12(b)(6) motion to dismiss; Service of the complaint and summons on an uninsured motorist carrier; NCGS 20-279.21(b)(3)(a); and statute of limitations | |
| In re: J.C. (21-666 - Published)
Visitation; length of visitation; virtual visitation; neglect; prejudicial statements from the bench; case plan requirements; motion for review of visitation plan. | |
| In re: S.O.C. (21-681 - Published)
Termination of parental rights, required findings of fact to support adjudication, circumstances at the time of hearing | |
| Jabari v. Jabari (21-265 - Published)
Rule 60(b); Consent Domestic Violence Protection Order; No Findings of Fact or Conclusions of Law | |
| State v. Ore (21-693 - Published)
probation violation, unchallenged findings & conclusions, no notice of appeal, extension of supervision, direct criminal contempt, PWC, N.C. Gen. Stat. 1347, N.C. Gen. Stat. 5A-11 | |
| State v. Williams (20-633 - Published)
defense of others; jury instruction; disqualifying felony; causal nexus; prejudicial error; motion to dismiss for insufficiency of the evidence. | |
| Thompson v. Union Cty. (21-220 - Published)
ordinance, zoning, board of adjustment, vested rights | |
| Violette v. The Town of Cornelius (21-648 - Published)
standing; zoning; action for declaratory judgment; trial court did not err in dismissing complaint for lack of standing where adjacent landowner only supported his allegations of standing with owner's opinion evidence of diminution in value and allegations did not allege how his property was affected by rezoning distinct from the community | |
| Unpublished Opinions 7 June 2022 - Rule 30e - Zip File of Unpublished Opinions Mandate: 27 June 2022 | |
| In re A.C. (21-769 - Unpublished)
Ceasing reunification efforts, permanency planning order, home and employment, parental fitness,constitutionally protected parental status | |
| In re B.V. (21-756 - Unpublished)
Termination of parental rights, trial court's unchallenged and properly supported findings of fact supported trial court's conclusion of neglect and probable repetition of neglect such that grounds exist to terminate Respondent's parental rights under N.C. Gen. Stat. 7B-1111(a)(1), trial court did not abuse its discretion by determining that termination of parental rights was in the child's best interests. | |
| In re D.G. (21-624 - Unpublished)
Involuntary commitment order; dangerous to herself and others; insufficient findings of fact; right to an impartial tribunal. | |
| In re J.C. (21-658 - Unpublished)
order awarding guardianship, findings of fact | |
| In re J.C.M. (21-662 - Unpublished)
Rule 3.1(e), No-Merit Brief, Termination of Parental Rights | |
| In re J.S. (21-787 - Unpublished)
Adjudication of neglect, dependency | |
| In re N.C.F. (21-646 - Unpublished)
termination of parental rights; guardian ad litem; incompetent adult; Rule 17 | |
| In re P.O. (21-733 - Unpublished)
physical abuse, emotional abuse, one definition satisfies | |
| Johnson v. Nieland (21-649 - Unpublished)
medical malpractice complaint; expert witness; motion to dismiss pursuant to Rule 9(j); affidavit contradicting prior testimony; genuine issue of material fact | |
| Kirby v. Mission Hosp., Inc. (21-606 - Unpublished)
Worker's Compensation; Competent evidence supported Industrial Commission's findings of fact; Date of maximum medical improvement; N.C. Gen. Stat. 97-31; Industrial Commission Review of Form 26A, Employer's Admission of Employee's Right to Permanent Partial Disability; N.C. Gen. Stat. 97-17; Commission did not err by declining to set aside Form 26A. | |
| Markaj v. Markaj (21-784 - Unpublished)
domestic violence protective order; surrender of firearms; harassment' vacating portion of DVPO | |
| Rainey v. Goodyear Tire & Rubber Co. (21-454 - Unpublished)
Workers' Compensation, Partial Disability to Hand, Competent Evidence, Overtime Pay | |
| State v. Harris (21-100 - Unpublished)
deprivation of property; restitution; duplicative award; clerical error | |
| State v. Reynolds (21-578 - Unpublished)
In camera review and disclosure of sealed records, substantial basis for review, favorable and material standard for disclosure | |
| State v. Sanders (20-376 - Unpublished)
waiver of counsel; competency to proceed pro se; jury selection; Batson challenge; 404(b) evidence; non-prejudicial error | |
| State v. Slade (21-209 - Unpublished)
Defendant convicted of murder, attempted first-degree murder, and kidnapping over stolen marijuana; North Carolina Rules of Evidence 401, 403, and 901; admissibility of letter and other communications between Defendant and a female accomplice while both were in custody; no improper reference to gang affiliation; trial court did not err in failing to intervene ex mero motu in prosecutor's argument | |
| State v. Walker (21-535 - Unpublished)
Motion for appropriate relief; ineffective assistance of trial counsel; ineffective assistance of appellate counsel; petition for writ of certiorari. | |
| Wake Cnty. ex rel. Williams v. Wiley (21-347 - Unpublished)
notice of registration of a foreign support order; motion for judicial notice; service proper at last known, physical mailing address; North Carolina Rule of Civil Procedure 5; Rule 60 motion; no abuse of discretion |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 21 PETITIONS AND 138 MOTIONS.
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|
Filed: 17 May 2022 Mandate: 6 June 2022 Zip File of Published Opinions Case Title / Description | |
| Birchard v. Blue Cross & Blue Shield of N.C., Inc. (21-729 - Published)
Subject Matter Jurisdiction, State Health Plan, Denial of Coverage, External Review Organization, Appeal to Industrial Commission, Sovereign Immunity | |
| Bottoms Towing & Recovery, LLC v. Circle of Seven, LLC (21-513 - Published)
motor vehicle lien; legal possessor; N.C.G.S. 44A | |
| Fox v. Fox (21-534 - Published)
trusts and estates; North Carolina Uniform Trust Code; trial court did not err in dismissing claims for breach of fiduciary duty, constructive fraud, and civil conspiracy against trustees as individuals because breach of fiduciary duty claim stated time-barred claim challenging the validity of trust, claim for breach of trust against defendants as trustees did not state individual capacity claim, complaint failed to allege special circumstances creating fiduciary relationship as a matter of fact between beneficiary and trustees, and claim for civil conspiracy against trustees as individuals did not state an independent basis of liability; claims for breach of trust against trustees and claims for constructive fraud and civil conspiracy against trustees in their capacity as trustees were legally sufficient and trial court erred in dismissing them | |
| In re: Terrell McIlwain (21-434 - Published)
sex offender registration; reportable convictions; whether two offenses are substantially similar; N.C. Gen. Stat. § 14 208.6(4)(b) | |
| In re: N.L.M., T.R.M. IV, N.S.W., C.M. (21-608 - Published)
findings supported that DSS made reasonable efforts at preventing placement; findings supported that visitation was not in the juveniles' best interest; trial court erred in failing to inform parent of right to a review of visitation plan | |
| Lakins v. The Western N.C. Conf. of the United Methodist Church (21-415 - Published)
interlocutory appeal; motion to dismiss appeal; petition for writ of certiorari; facial or as-applied challenge; transfer of constitutional challenge to three-judge panel; subject-matter jurisdiction; ecclesiastical entanglement | |
| Osborne v. Paris (21-226 - Published)
Motor Vehicle Safety and Financial Responsibility Act; multiple tortfeasors in collision between motorcycle and car, one underinsured and one uninsured; victim covered by two uninsured policies and one combined uninsured/underinsured policy; summary judgment in favor of insurance carrier; carrier not obligated to pay beyond combined limit of policy; carrier not entitled to a credit against its uninsured policy for payment from tortfeasor's liability coverage; bad faith refusal to settle and unfair trade practices | |
| State v. Collins (21-404 - Published)
felonious possession of stolen goods and felony eluding arrest with a motor vehicle; trial court reserved ruling on motion to dismiss and allowed State to recall witness; no judicial partiality; no impropriety in prosecutor's closing argument | |
| State v. Fritsche (21-473 - Published)
sex-offender registration; N.C. Gen. Stat. 14-208.12A(a); equal protection; residency; termination petition | |
| State v. Wilson (20-108 - Published)
Felony murder; unpreserved juror challenge; motion to suppress custodial, noncustodial statements; jury instruction on lesser-included offense, second-degree murder; superior court transfer hearing. | |
| Unpublished Opinions 17 May 2022 - Rule 30e - Zip File of Unpublished Opinions Mandate: 6 June 2022 | |
| Abedi v. Abedi (21-126 - Unpublished)
Interlocutory appeal; preliminary injunction; substantial right; dismissed. | |
| Braswell v. W. N.C. Conf. of the United Methodist Church (21-416 - Unpublished)
facial or as-applied constitutional challenge; transfer of constitutional challenge to three-judge panel; subject-matter jurisdiction; ecclesiastical entanglement | |
| Briggs v. Markiewicz (21-443 - Unpublished)
summary judgment; negligence; duty of driver to maintain proper lookout; contributory negligence; doctrine of sudden emergency | |
| Dillard v. W. N.C. Conf. of the United Methodist Church (21-324 - Unpublished)
facial or as-applied constitutional challenge; transfer of constitutional challenge to three-judge panel; subject-matter jurisdiction; ecclesiastical entanglement | |
| Doe GS v. W. N.C. Conf. of the United Methodist Church (21-417 - Unpublished)
facial or as-applied constitutional challenge; transfer of constitutional challenge to three-judge panel; subject-matter jurisdiction; ecclesiastical entanglement | |
| Donley v. Chip Ganassi Racing (21-447 - Unpublished)
Workers compensation; wage loss causation by injury; burden of proof | |
| Fields v. Fields (20-855 - Unpublished)
Substantial change in circumstances; parent move; information that antedates prior custody order. | |
| Francis v. Brown (21-466 - Unpublished)
trial court did not err in entering no-contact order where unchallenged findings of fact supported conclusion that defendant harassed plaintiff, thereby engaging in unlawful conduct | |
| In re A.R. (21-678 - Unpublished)
neglected juvenile; adjudication; findings of fact; N.C. Gen. Stat. 7B-101(15) | |
| In re Entzminger (21-525 - Unpublished)
Attorney discipline; trial court's inherent authority; judicial recusal; suspension as a disciplinary sanction; affirmed. | |
| In re J.A.W. (21-636 - Unpublished)
fact finding, termination of parental rights, trial court, termination, juvenile, trial court's finding, parental rights, willfully, conclusions of law, custody agreement | |
| In re J.B.D. (21-549 - Unpublished)
TPR; § 7B-1108(b); failure to legitimate; abandonment | |
| In re J.W.M. (21-617 - Unpublished)
Neglected Juvenile, Adjudication, Disposition Order, Visitation Costs, DSS Case Plan, Delegation, District Court, Best Interest of the Child | |
| In re M.M. (21-721 - Unpublished)
termination of parental rights; no-merit brief; N.C.R. App. P. 3.1(e) | |
| In re S.C.S. (21-738 - Unpublished)
Termination of parental rights; sufficiency of findings of fact and conclusions of law; dependency; lack of proper care or supervision; lack of appropriate alternative child care arrangement; affirmed. | |
| In re S.G.A.R.B. (21-727 - Unpublished)
independent review revealed no error in trial court's termination of parental rights in case where counsel filed a no-merit brief under appellate rule 3.1(e) | |
| Maas v. Walgreens (21-307 - Unpublished)
work-related injury; medical treatment; opioid dependance; Industrial Commission Rule 701; Form 44 | |
| McLane v. Goodwin-McLane (21-528 - Unpublished)
artificial insemination; breach of contract; findings of fact; conclusions of law | |
| Medport, Inc. v. Hazlehurst (21-695 - Unpublished)
denial of motion for summary judgment; common law negligence; professional malpractice; immunity from suit | |
| Miller v. Auria Sols. Ltd. (21-475 - Unpublished)
Workers compensation; degenerative conditions; expert testimony; cross-appeal | |
| Mitchell v. Orange Cnty. (21-394 - Unpublished)
Standing, rezoning, MPD-CZ, special damages, property | |
| Pittman v. Wilkins (21-492 - Unpublished)
declaratory judgment, letters of administration, clerk of superior court, will, administration of an estate | |
| Racine v. City of Raleigh (21-406 - Unpublished)
public duty doctrine barred plaintiff's claims for wrongful death and negligent hiring and retention against municipality | |
| Simmons v. Wiles (21-320 - Unpublished)
motion for relief from judgment; Rules 60(b)(4) and 60(b)(6); consent order to dismiss without prejudice not void; Rule 41(a); no procedural blunder by counsel; trial court did not abuse its discretion | |
| Singleton v. McNabb (21-746 - Unpublished)
Interlocutory appeal; and Insufficient Statement of the Grounds for Appellate Review | |
| Spencer v. Goodyear Tire & Rubber Co. (21-354 - Unpublished)
Workers Compensation, Injury by Accident, Occupational Disease; Significant Causal Factor | |
| State v. Askew (21-502 - Unpublished)
robbery, jury instructions, plain error, property | |
| State v. Barstow (21-389 - Unpublished)
Motion to Suppress, Traffic Stop, DWI, Reasonable Suspicion, IAC | |
| State v. Dotson (21-575 - Unpublished)
Probation Revocation; New Criminal Offense, Clerical Error | |
| State v. Giles (21-645 - Unpublished)
Subject matter jurisdiction, motion to set aside bond forfeiture, conviction, deferred prosecution, probation. | |
| State v. Hahn (21-190 - Unpublished)
Lawful arrest; warrantless arrest; objective probable cause; resisting arrest; assault on a government official; malicious conduct by a prisoner; line of demarcation; motion to dismiss. | |
| State v. Maldonado (21-308 - Unpublished)
trial court's findings and conclusions were sufficient to support the order denying defendant's motion to suppress and probable cause supported search and search incident to arrest | |
| State v. Williams (21-449 - Unpublished)
Motion for appropriate relief; NCGS 15A-1419; Issues were raised or had the opportunity to be raised on previous appeal | |
| State v. Wright (21-247 - Unpublished)
motion to suppress |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 21 PETITIONS AND 138 MOTIONS.
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|
Filed: 3 May 2022 Mandate: 23 May 2022 Zip File of Published Opinions Case Title / Description | |
| Appalachian Materials, LLC v. Watauga Cty. (21-117 - Published)
permit, educational facility, ordinance, mandate, reverse, vacate | |
| John Doe 1K v. Roman Catholic Diocese of Charlotte (21-254 - Published)
SAFE Child Act; S.B. 199; revival provision; three-judge panel of Wake County Superior Court; motion to transfer; res judicata | |
| John Doe v. Roman Catholic Diocese of Charlotte (21-255 - Published)
SAFE Child Act; S.B. 199; revival provision; three-judge panel of Wake County Superior Court; motion to transfer; res judicata | |
| Forte v. The Goodyear Tire & Rubber Co. (20-904 - Published)
Workers' compensation; Full Commission's authority to reconsider evidence and amend deputy commissioner's award if good ground be shown; N.C. Gen. Stat. § 97-85; competent evidence standard; Full Commission authority to weigh evidence and reject testimony it disbelieves | |
| In re: A.W. & C.W. (21-634 - Published)
Expert testimony on sexual abuse; presumption that judge discerns properness of evidence in bench trial; hearsay in abuse adjudication. | |
| In re: Pub. Records Request to DHHS (21-495 - Published)
public records request; special proceeding; lack of subject matter jurisdiction; lack of authority to initiate action | |
| In re: Moore (21-441 - Published)
N.C. Gen. Stat. § 31-32; will caveats; subject matter jurisdiction; lack of standing to bring caveat; N.C. Gen. Stat. § 29-15; intestate succession; N.C. Gen. Stat. § 29-19(b) | |
| In re: S.R. (21-633 - Published)
Termination of parental rights; findings of fact; NCGS 7B-1111(a); failure to pay child support; and judicial discretion | |
| Johnston v. Pyka (21-452 - Published)
partial summary judgment; breach of contract; specific performance; implied warranty of habitability; summary ejectment; tortious interference with contract; fraud | |
| Kluttz-Ellison v. Noah's Playloft Preschool (21-356 - Published)
worker's compensation; full commission did not abuse its discretion in allowing claimant's motion to submit additional evidence where good grounds existed for granting motion and Form 44 put defendants on notice of material aggravation theory; bariatric surgery was directly related to work injury that required right knee surgery and thus compensable where right knee surgery could not be safely performed before substantial weight loss that would result from bariatric surgery | |
| N.C. Farm Bureau Mut. Ins. Co., Inc. v. Hague (21-540 - Published)
Judgment on pleadings; declaratory judgment act; insurance policy; policy exclusions; intentional act; duty to defend/indemnify. | |
| Roark v. Yandle (21-568 - Published)
denial of Rule 60(b) motion; attorney's fees; void judgment | |
| In re: Stanly Solar, LLC (21-188 - Published)
North Carolina Utilities Commission; Commission's decision prima facie just and reasonable; Deference afforded to Commission's interpretation of statute | |
| State v. Amator (21-433 - Published)
trafficking, traffic stop, license plate, renewal sticker, Commissioner, DMV, reasonable suspicion, mistake of law, registration card, ambiguous | |
| State v. Ballard (21-202 - Published)
motion for appropriate relief; Brady and Napue claims failed because of lack of probability allegedly wrongfully withheld or intentionally false evidence would have changed result of trial had it not been withheld or introduced; evidentiary hearing was required on ineffective assistance of counsel claim to determine whether failure to investigate key alibi witness prejudiced outcome of trial; gatekeeper order prohibiting the filing of future motions for appropriate relief was erroneous where there was no history of filing successive frivolous motions for appropriate relief | |
| State v. Conner (21-715 - Published)
Fifth Amendment; custodial interrogation; barricaded suspect; and clerical error | |
| State v. Darr (21-493 - Published)
Miranda Rights; interrogation; confession; unambiguous request for counsel; motion to suppress; Fifth Amendment | |
| State v. Graham (21-99 - Published)
Jury instructions; mandatory presumption; attorney-client privilege; motion to compel. | |
| State v. Kitchen (21-297 - Published)
Driving while intoxicated; motion to suppress medical record evidence; Fourth Amendment right to be free from warrantless search and seizure; harmless beyond a reasonable doubt; no prejudicial error. | |
| State v. Strickland (21-491 - Published)
solicitation; first-degree murder; lesser included offense; improper closing argument | |
| Tutterow v. Hall (21-326 - Published)
Underinsured motorist coverage; Motor Vehicle Safety and Financial Responsibility Act; N.C. Gen. Stat. § 20-279.21(b)(4); calculation of coverage when there are multiple underinsured tortfeasors and multiple applicable UIM policies; statutory construction | |
| Upchurch v. Harp Builders, Inc. (21-472 - Published)
civil procedure; pleading; counterclaim asserted outside statute of limitations did not relate back to plaintiff's complaint; most recent intermediate appellate court precedent controls over prior inconsistent precedent of same court | |
| Unpublished Opinions 3 May 2022 - Rule 30e - Zip File of Unpublished Opinions Mandate: 23 May 2022 | |
| Campos v. Hausler (21-521 - Unpublished)
Rule 12(b)(6); sufficiency of allegations; negligence; dog bite | |
| Cecil Holcomb Renovations, Inc. v. Law Firm of Wilson & Ratledge, PLLC (21-65-2 - Unpublished)
trial court did not abuse its discretion in disqualifying counsel for violation of Rule 4.2 of the North Carolina Rules of Professional Conduct; trial court had subject matter jurisdiction over law firm's counterclaim for unpaid fees despite failure by law firm to provide notice of North Carolina State Bar's fee dispute resolution program; trial court did not abuse its discretion in excluding certain evidence of law firm's billing practices | |
| Craige Jenkins Liipfert & Walker, LLP v. Woods (21-95 - Unpublished)
Interlocutory appeal, substantial right, counterclaims. | |
| Davis v. Smartop, Inc. (21-470 - Unpublished)
Repugnant andcontradictory verdict; election of remedies; jury instruction | |
| Dep't of Transp. v. McLendon Hills Prop. Owners' Ass'n (21-235 - Unpublished)
condemnation; necessary and proper parties to suit; trial court did not err in denying condemned landowner's motion to add easement owners as necessary parties and did not abuse its discretion in denying landowner's motion to add easement owners as proper parties | |
| Dozier v. Dozier (21-298 - Unpublished)
equitable distribution; modification of a consent order; Rule 60(b) | |
| Fuchs v. Storry (21-719 - Unpublished)
summary judgment was proper in action for specific performance of separation agreement where deposition testimony and affidavit supporting potential defense was inadmissible under Rule 602 of the North Carolina Rules of Evidence | |
| Huffman v. Huffman (21-104 - Unpublished)
equitable distribution, challenges to findings of fact | |
| Hutchins v. CVS Pharmacy, Inc. (21-345 - Unpublished)
medical malpractice; loss of consortium and spousal services; alias and pluries summons; chain of summonses; statutes of limitation and repose | |
| In re J.H. (21-667 - Unpublished)
termination of parental rights; writ of certiorari; findings of fact insufficient for appellate review | |
| In re K.D.H. (21-599 - Unpublished)
Termination of Parental Rights; Guardianship; Best Interest; Abuse of Discretion; N.C. Gen. Stat. § 7B-1110(a); N.C.R. App. P. 28; Department of Social Services; Dispositional Stage; N.C.R. App. P. 42. | |
| In re K.L.M.F.J. (21-571 - Unpublished)
Adjudication of neglect; sufficiency of findings of fact; history of past neglect; lack of ultimate finding of substantial risk of harm; findings consistent with a substantial risk of future neglect. | |
| In re L.M. (21-344 - Unpublished)
consent adjudication order; stipulated facts; neglected juvenile | |
| In re M.M.G. (21-626 - Unpublished)
N.C. Gen. Stat. 7B-2506 and -2508; Level 3 disposition; extraordinary needs. | |
| In re N.M.M. (21-499 - Unpublished)
Rule 3.1, N.C. Gen. Stat. 7B-905.1(a), visitation, disposition, findings of best interest of child. | |
| In re P.L. (21-555 - Unpublished)
3.1; neglect; adjudication; disposition; DSS reasonable efforts. | |
| In re Proposed Foreclosure of Slok, LLC (21-352 - Unpublished)
nonjudicial foreclosure; claim of lien; conditional order; subject matter jurisdiction; valid debt | |
| In re R.C.C.L. (21-640 - Unpublished)
termination of parental rights; N.C.G.S. 7B-1111(a)(6); inability to care for child; lack of alternative child care arrangement | |
| Johnson v. Gyurisko (21-86 - Unpublished)
Modification of Child Custody; Substantial Change of Circumstances; Findings of Fact; and Pure Legal Custody. | |
| Maiwald v. Maiwald (21-542 - Unpublished)
Interlocutory, substantial right, and appointment of expert appraiser | |
| McKernan v. E. Carolina Univ. (21-572 - Unpublished)
Nonjurisdictional Appellate Rules Violation; Rule 28(b)(6); dismissal | |
| Mills v. Jackson (21-325 - Unpublished)
Motion to Dismiss Appeal; Rule 12(b)(6) Motion to Dismiss; Malicious Prosecution; Abuse of Process; and Probable Cause | |
| State v. Davenport (20-628 - Unpublished)
New trial; Motion to Dismiss; Rule of Evidence 404; Limiting Instructions; and Hearsay | |
| State v. Davis (21-73 - Unpublished)
proof of prior felony conviction; jury instruction; felonious possession of marijuana | |
| State v. Ireland (21-611 - Unpublished)
special condition of probation; abuse of discretion; N.C.G.S. 15A-1343 | |
| State v. Taylor (21-277 - Unpublished)
valid indictment; factual basis for plea; sentencing procedures; § 15A-1024 | |
| State v. Thomas (21-396 - Unpublished)
| |
| State v. Vann (20-907 - Unpublished)
Jury request, NCGS 15A-1233, and judicial discretion | |
| State v. Williams (21-550 - Unpublished)
Motion to suppress; petition for writ of certiorari; improper notice of appeal; plain error standard; inadequate conclusions of law. | |
| Williams v. Helping Hands Mission (21-424 - Unpublished)
Industrial Commission determination of witness credibility; Commission did not err by concluding that Plaintiff failed to meet his burden of proving a compensable injury. |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 21 PETITIONS AND 138 MOTIONS.
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Filed: 19 April 2022 Mandate: 9 May 2022 Zip File of Published Opinions Case Title / Description | |
| In re: A.J.D., Jr. (21-402 - Published)
Involuntary Commitment Order; Sufficiency of Findings of Fact; Expert Witness Testimony; Preservation of Error; Hearsay | |
| In re: J.A.D. (21-228 - Published)
Extortion, material information in charging instruments, physical violence not required for true threats, fatal variance in proof, written findings required under N.C. Gen. Stat. 7B-2411, 7B-2501(c). | |
| Moye-Lyons v. N.C. Dep't of Pub. Instruction (21-486 - Published)
North Carolina Industrial Commission; workers compensation claim; timely filed claim; two-year limitation period; mental incompetency; jurisdiction; subject matter jurisdiction; employment; social security disability claim; representative payee; incompetency adjudication hearing; involuntary commitment; N.C. Gen. Stat. § 97-24(a); N.C. Gen. Stat. § 35A-1101; N.C. Gen. Stat. § 35A-1102; time-barred pursuant to N.C. Gen. Stat. § 97-50; 42 U.S.C. § 416(i). | |
| State v. Benitez (20-766 - Published)
waiver of Miranda for juveniles | |
| State v. Carter (20-885 - Published)
reasonableness of lifetime satellite-based monitoring; recidivist; sex offenses with a child under thirteen; Defendant's Fourth Amendment privacy interests balanced against State's interests and declared efficacy of SBM; totality of circumstances; amendments to SBM laws; Session Law 2021-138, sec. 18(i) and S.L. 2021-182, sec. 2(e) (collectively to be codified at N.C. Gen. Stat. § 14-208.46). | |
| State v. Hicks (20-665 - Published)
Aggressor doctrine; self-defense; plain error; jury instructions; exhibits. | |
| State v. Ingram (21-687 - Published)
Sufficient evidence of driving while intoxicated, N.C. Gen. Stat. 20-138.1(a) | |
| State v. Williamson (16-631 - Published)
motion to dismiss second-degree murder charge; knowingly driving while impaired, when combined with evidence of reckless driving or behavior, may constitute malice; motion for appropriate relief; recanted testimony; privilege against self-incrimination; U.S. Const. Fifth and Sixth Amendments; testimony subject of direct examination as opposed to collateral matters; the trial court may strike testimony in whole or in part or compel witness to testify | |
| Turner v. Oakley (21-274 - Published)
Jurisdiction to modify child custody order; challenged finding of fact supported by substantial evidence; trial court assessed whether a substantial change in circumstances affected the child's welfare and whether modification of custody was in the child's best interests; no abuse of discretion in modification of custody. | |
| Unpublished Opinions 19 April 2022 - Rule 30e - Zip File of Unpublished Opinions Mandate: 9 May 2022 | |
| Davidson v. Davidson (21-72 - Unpublished)
alimony modification; substantial change of circumstances; bad faith; earning capacity; N.C. Gen. Stat. 50-16.3A(b) | |
| Hitchcock v. Rupert (21-458 - Unpublished)
domestic violence protective order; legitimate purpose; substantial emotional distress; continued harassment | |
| In re C.A.M. (21-592 - Unpublished)
Permanency Planning; Legal Guardianship; Legal Custody; Juvenile; Reunification; Concurrent Plan; Due Process Clause; Fourteenth Amendment: Parent's Constitutionally Protected Status; Guardian ad Litem; Department of Social Services; N.C. Gen. Stat. § 7B-906.1; Finding of Fact; Clear and Convincing Evidence; Conclusion of Law; De Novo; and N.C. Gen. Stat. § 7B-1001. | |
| In re C.L. (21-560 - Unpublished)
Abuse; neglect; waiver of challenge; best interests of child; clear and cogent evidence. | |
| In re L.B. (21-559 - Unpublished)
Department of Social Services; Guardian ad Litem; N.C. Gen. Stat. § 7B-906.2; Visitation; Competent Evidence; N.C. Gen. Stat. § 7B-906.1; Best Interest; Permanency Planning Hearing; N.C. Gen. Stat. § 7B-905.1; Abuse of Discretion; and Out-of-State | |
| In re S.B. (21-532 - Unpublished)
Termination of parental rights; Request to waive counsel; and N.C.G.S. 7B-1101.1(a1) | |
| In re S.F.D. (21-631 - Unpublished)
3.1, neglect, disposition, reunification plan | |
| In re T.S. (21-342 - Unpublished)
involuntary commitment order, mental illness, dangerous to self, dangerous to others, bodily harm, pandemic | |
| Kean v. Kean (21-102 - Unpublished)
motion to dismiss appeal; interlocutory appeal from order compelling discovery; untimely discovery responses; COVID-19 court system filing extensions; Rules 33 and 34 of North Carolina Rules of Civil Procedure; attorney-client and work-product doctrine objections; assertion of privileges affects substantial right | |
| Klapp v. Buck (21-494 - Unpublished)
negligence, contributory negligence, JNOV, judgment notwithstanding the verdict, motion for directed verdict, damages | |
| Se. Caissons, LLC v. Choate Constr. Co. (21-223 - Unpublished)
Construction Contracts; Contract Formation; Negligence and Duty; Exclusion of Relevant Evidence; Motion in Limine; Preservation of Error; Motion for Directed Verdict; Jury Instructions | |
| State v. Adams (21-504 - Unpublished)
Assault with a deadly weapon intent to kill and inflicting serious injury, NCGS 14-32(a); Assault with a deadly weapon inflicting serious injury, NCGS 14-32(b); motion to dismiss; intent to kill; lesser included offense; possession of weapon of mass destruction; prior record level, NCGS 15A-1340.14(c)(4); date of offense, NCGS 15A-1340.14(c). | |
| W. 4th, LLC v. Brown (21-362 - Unpublished)
Breach of Contract; Summary Judgment; Sale of Real Property |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 21 PETITIONS AND 138 MOTIONS.
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|
Filed: 5 April 2022 Mandate: 25 April 2022 Zip File of Published Opinions Case Title / Description | |
| Barrington v. Dyer (21-269 - Published)
Will contest; Rule 12(b0(6); res judicata; gatekeeping order factors; attorney's fees factors; award of attorney fees on appeal. | |
| Bio-Med. v. N.C. Dep't of Health & Hum. Serv. (21-318 - Published)
Certificate of Need; contested case hearing; substantial prejudice. | |
| Brady v. Brady (20-827 - Published)
alimony award; amount and duration of alimony; findings supported duration of alimony awarded; findings did not support conclusion of Defendant's ability to pay the amount of alimony awarded; N.C. Gen. Stat. 50-16.3A; equitable distribution; distributive award | |
| Bryan v. Kittinger (21-98 - Published)
Chicken, hens, poultry, household pet, restrictive covenant, amended, Planned Community Act, encumbrance, spouse, written agreement, affirmative vote, duly-called meeting, Rule 59 motion, Rule 60 motion. | |
| Cauley v. Bean (21-219 - Published)
Negligent infliction of emotional distress; NIED; Rule 12(b)(6) motion to dismiss; notice pleading; reasonable foreseeability; severe emotional distress. | |
| Daedalus, LLC v. City of Charlotte (21-329 - Published)
Local Government; Statutory Authority; Ultra Vires; Interlocutory Appeal; Rule 54(b); Substantial Right; Writ of Certiorari | |
| Foxx v. Foxx (21-346 - Published)
Subsequent appeal, modification of equitable distribution, and findings of fact | |
| Hall v. Wilmington Health, PLLC (20-864 - Published)
COVID-19, interlocutory, substantial right, due process, right to retained counsel, moot, preservation | |
| In re: Pop Capitol Towers, LP (21-357 - Published)
property tax commission; appeals to property tax commission were untimely and commission lacked jurisdiction because notices of appeal were not postmarked or received within 30 days after taxpayers' receipt of notices of decision | |
| Moss v. N.C. Dep't of State Treasurer (21-60 - Published)
Transitional Disability Benefits; Cost of Living Adjustments; Social Security Offset Amount; Rule 12(b)(6); Motion to Dismiss; Administrative Law Judge; De Novo; Rule 12(b)(1); Chapter 135; N.C. Gen. Stat. § 135-112; N.C. Gen. Stat. § 135-9; N.C. Gen. Stat. § 143-64.80; Contract; Judicial Review; N.C. Gen. Stat. § 150B-51; Administrative Agency; Whole Record Standard of Review; Bank Account Statements; Collateral Estoppel | |
| Osborne v. Redwood Mountain, LLC (21-515 - Published)
Prior appeal; declaratory judgment; prescriptive easement; motions to dismiss, Rules 12(b)(6), 12(g), 12(h)(2); summary judgment, Rule 56, prescriptive easement. | |
| Preston v. Preston (21-204 - Published)
alimony; interlocutory; substantial right; Rule 11 sanctions; absolute divorce | |
| Rosenthal Furs, Inc. v. Fine (21-403 - Published)
Rule 3.7 of the NC Rules of Professional Conduct; Necessary Witness; Witness-Advocate Rule; Lawyer's right to appear pro se | |
| Russell v. N.C. Dep't of Pub. Safety (21-482 - Published)
Office of Administrative hearings had subject matter jurisdiction over contested case where administrative law judge chose to credit testimony regarding whether grievance was timely filed | |
| Schroeder v. City of Wilmington (21-192 - Published)
Zoning; Land Development Regulation; Statutory Interpretation; Preemption | |
| Soc'y for the Hist. Pres. of the Twenty-Sixth N.C. Troops, Inc. v. City of Asheville (21-429 - Published)
motion to dismiss; standing; breach of contract | |
| State v. Acker (21-512 - Published)
plain error; jury instructions; second-degree murder; self-defense; manslaughter | |
| State v. Bennett (17-1027-2 - Published)
(View Supreme Court Opinion) Batson, jury selection, peremptory strike, step two, step three, race-neutral explanation, burden of proving purposeful discrimination | |
| State v. Bowen (21-43 - Published)
True threat; Extortion; First Amendment; N.C. Gen. Stat. 14-118.4; Unconstitutional; Free Speech Clause | |
| State v. Jordan (21-469 - Published)
Motion to Suppress; Reasonable Suspicion; Traffic Stop; Voluntary Consent | |
| State v. Jordan (21-91 - Published)
Motion to suppress evidence gathered following warrantless entry into residence, reasonable expectation of privacy in residence searched, exceptions to the warrant requirement. | |
| State v. Sheffield (19-282 - Published)
Rule 401; Rule 404(b); evidence of sexual materials; plain error; satellite based monitoring; error of law; in camera review of sealed documents. | |
| TAC Stafford, LLC v. Town of Mooresville (21-229 - Published)
summary judgment; development approvals; off-site improvements; municipal authority; statutory construction; attorneys' fees; reimbursement; exaction; mandamus; mootness | |
| Walker v. K&W Cafeterias (21-335 - Published)
Workers' Compensation Act; subrogation; choice of law; distribution of attorneys' fees and costs | |
| Unpublished Opinions 5 April 2022 - Rule 30e - Zip File of Unpublished Opinions Mandate: 25 April 2022 | |
| Brown v. Wortham Williams & Son, Inc. (21-488 - Unpublished)
Negligence; Appellate Jurisdiction | |
| Carpenter v. Bank of Am. Corp. (21-478 - Unpublished)
Rule 60(b); mistake, inadvertence, surprise, or excusable neglect; newly discovered evidence; fraud; other reasons justifying relief. | |
| Carroll at Bellemeade, LLC v. Kabuto, Inc. (21-291 - Unpublished)
trial court did not abuse its discretion in denying motion to set aside judgment of summary ejectment where tenant was served by posting and failed to appear at trial | |
| Greene v. Lane (21-407 - Unpublished)
interlocutory order; substantial right; attorney disqualification; North Carolina Rules of Professional Conduct; conflict of interest | |
| Hill v. Grant (21-479 - Unpublished)
Order granting partial summary judgment is an interlocutory order and not immediately appealable. Appellant fails to show a substantial right will be lost absent immediate review. | |
| In re C.J.O. (21-582 - Unpublished)
abuse, neglect, and dependency; trial court's adjudication of neglected was supported by factual findings, which were supported by the evidence | |
| In re K.A.B. (21-413 - Unpublished)
UCCJEA, temporary emergency jurisdiction, visitation | |
| In re K.W. (21-632 - Unpublished)
Appeal from order eliminating reunification; guardian ad litem for a parent; verification of guardians; waiver of constitutionally protected status argument. | |
| In re S.M. (21-574 - Unpublished)
Findings of fact did not support adjudication of neglect where the adjudication order recited multiple allegations from the juvenile petition verbatim or near-verbatimt, lacked ultimate findings regarding pertinent issues, and included findings unsupported by clear and convincing evidence. | |
| In re S.P.B. (21-524 - Unpublished)
Affirming termination of parental rights (TPR); adjudication on ground of willful abandonment; no abuse of discretion; termination in best interests of child. | |
| In re W.A. (21-536 - Unpublished)
gag order, civil contempt, criminal contempt, juvenile petition, social media | |
| In re Will of Gard (21-543 - Unpublished)
caveat; extrinsic fraud; statute of limitation; holographic will | |
| Kumaga v. Kumaga (21-341 - Unpublished)
Verified complaint for divorce; one year separation, NCGS 50-6; subject matter jurisdiction; fraudulent service. | |
| Marshall v. Wortham Williams & Son, Inc. (21-489 - Unpublished)
Wrongful death; appellate jurisdiction | |
| Morris v. Morris (21-179 - Unpublished)
child support, postseparation support, divorce, findings of fact, equitable distribution, conclusions of law | |
| N.C. State Conf. of the NAACP v. State of N.C. (21-446 - Unpublished)
Facial constitutional challenge of legislative enactment; motion to dismiss based on sovereign immunity; interlocutory appeal; petition for writ of certiorari; lack of standing; vacated | |
| Newton v. Newton (21-604 - Unpublished)
Temporary custody order; interlocutory appeal; lack of jurisdiction. | |
| O'Neal v. Burley (21-539 - Unpublished)
Partnership dissolution; classification, distribution, and allocation of partnership property; interlocutory appeal; dismissed | |
| Smith v. Grant (21-67 - Unpublished)
North Carolina Child Support Guidelines; Worksheet A; Worksheet B; Child Support Order; Abuse of Discretion; Primary Physical Custody; Share Custody; Per Year. | |
| Smith v. Smith (21-195 - Unpublished)
Absolute divorce, NCGS 50-6; failure to timely assert post-separation support, NCGS 50-11(c); motion to recuse; failure to timely appeal; N.C. Rule Appellate Procedure 3; NCGS 1A-1, Rule 58. | |
| State v. Clark (21-510 - Unpublished)
jury instruction; flight; assault by strangulation; assault on a female; statutory mandate; sentencing multiple counts of assault | |
| State v. Evans (21-145 - Unpublished)
first-degree murder, kidnapping, felon, drug, heroin, motion for appropriate relief, closing argument, prosecution witness, district attorney, drug trafficking, immunity agreement, substantial assistance, evidentiary hearing, impermissible vouching, severance, joinder, limiting instruction, cross-examination | |
| State v. Green (21-391 - Unpublished)
Harbison Error; Felony Speeding to Elude Arrest; Petition for Writ of Certiorari | |
| State v. Griffin (21-304 - Unpublished)
Petition for writ of habeas corpus under N.C. Gen. Stat. 17-33(2); lawfulness of incarceration during Covid-19 pandemic; affirming summary denial of habeas petition; failure to comply with N.C. Gen. Stat. 17-7. | |
| State v. Hawkins (20-881 - Unpublished)
redacted statement to law enforcement, joint trial, Confrontation Clause, evidence, crime scene photograph, motion to disqualify, first degree murder | |
| State v. Hendricks (21-180 - Unpublished)
motion for appropriate relief; procedural default; N.C. Gen. Stat. 15A-1419 | |
| State v. Horne (21-545 - Unpublished)
Anders brief. | |
| State v. Jordan (21-90 - Unpublished)
Fourth Amendment; motion to suppress; competent evidence supported findings of fact and findings of fact supported conclusions of law; | |
| State v. Lewis (20-912 - Unpublished)
sex offense, indecent liberties, child, witness statement, no objection, DNA, sufficient evidence, Eighth Amendment | |
| State v. Point (21-507 - Unpublished)
robbery with a dangerous weapon; common law robbery; jury instructions; lesser included offense; attorneys' fees; notice and opportunity to be heard | |
| State v. Powell (20-824 - Unpublished)
Rule 404(b); Indecent Liberties with a Child; Similarity of Prior Sexual Assault | |
| State v. Trull (21-464 - Unpublished)
Petition for writ of certiorari; post-conviction DNA testing; materiality; no reasonable probability that the verdict would have been more favorable to Defendant | |
| State v. Turner (21-377 - Unpublished)
Evidence admissible as a recorded recollection, N.C. Gen. Stat. 8C-1, Rule 803(5); Defendant established neither ineffective assistance of counsel nor ineffective assistance of counsel per se; judgment vacated and remanded for resentencing where lack of documentation of defendant's prior convictions impeded defendant's right to appeal his sentence. | |
| State v. Whitford (20-725 - Unpublished)
Pretrial Determination of Immunity; Instructional Error; Repetitive or Excessive Evidence. | |
| Valdiviez v. Sup. Maint. Org. (21-2 - Unpublished)
worker's compensation, findings of fact | |
| Webb v. N.C. State Highway Patrol (21-570 - Unpublished)
Industrial commission; subject matter jurisdiction; claims of negligence; intentional torts; constitutional claims. |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 21 PETITIONS AND 138 MOTIONS.
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|
Filed: 15 March 2022 Mandate: 4 April 2022 Zip File of Published Opinions Case Title / Description | |
| Brewton v. N.C. Dep't of Pub. Safety (21-215 - Published)
Industrial Commission, negligent, loss of use and enjoyment, right to compensation, value | |
| Edwards v. Jessup (21-7 - Published)
DWI, revoke, refused, chemical analysis, reasonable grounds, under the influence, asleep, due process, DMV employee | |
| Graham v. Lambert (21-15 - Published)
Interlocutory; governmental immunity; public official immunity; and gross negligence | |
| Fearrington v. City of Greenville (20-877 - Published)
Red light cameras; subject-matter jurisdiction; exhaustion of administrative remedies; adequate state remedy; standing; N.C. Gen. Stat. §§ 89C-23, 10; procedural due process; substantive due process; N.C. Const. Art. IX, § 7; Fines and Forfeitures Clause. | |
| Galloway v. Snell (21-135 - Published)
Reversing and remanding where settlement agreement provision is ambiguous. | |
| Godwin v. Harvell (21-351 - Published)
Wills and trusts; mental capacity; undue influence; summary judgment; directed verdict; affidavit; petition for attorneys fees. | |
| In re: K.W. & M.W. (21-289 - Published)
Abuse, neglect, and dependency; findings of fact; and affect on the minor child. | |
| State v. Bradley (20-873 - Published)
Probation Revocation; Possession; Constructive Possession; Actual Possession; Vehicle; Maintain; Abuse of Discretion; Competent Evidence; N.C. Gen. Stat. Section 90-108; N.C. Gen. Stat. Section 15A-1343; and N.C. Gen. Stat. Section 15A-1344. | |
| State v. Gallion (21-375 - Published)
Sufficient search warrant application; sufficient findings of fact and conclusions of law in suppression order; N.C. Gen. Stat. § 15-207; suppression of electronic monitoring data; hearsay; firearm identification evidence; sufficient evidence of first degree murder | |
| State v. Mullinax (20-536 - Published)
suppression, seizure, drugs, totality of circumstances, identification, command, walk away, additional officers, search of car, search of person, reasonable person, not free to leave | |
| State v. Porter (21-275 - Published)
Statutory sentencing range, probationary period, specific findings. | |
| Town of Midland v. Harrell (21-46 - Published)
Town of Midland; Harrell Land Development Company; dispute over responsibility for maintenance of roads in a development; civil penalties; standing; North Carolina General Statutes, Section 160A-12; Town ordinances; mandatory injunction and order of abatement; Rule 65(d) of North Carolina Rules of Civil Procedure; NCDOT road standards; attorney's fees; North Carolina General Statutes, Section 6-21.7; Town violated unambiguous limits on its authority; North Carolina General Statutes, Section 160A-388(b1) (2017) (recodified as Section 160D-705(b) (2021)). | |
| Unifund CCR Partners v. Young (20-916 - Published)
Action on a judgment; renewal judgment; clerk's jurisdiction to enter default judgment; sum certain jurisdiction; applicability of the Consumer Economic Protection Act; affirmative defense of usury. | |
| Vaitovas v. City of Greenville (20-889 - Published)
Constitutionality of local law concerning traffic cameras; prohibition on local laws relating to health, sanitation and the abatement of nuisances; distinction between material connection and tangential or incidental connection to health | |
| Unpublished Opinions 15 March 2022 - Rule 30e - Zip File of Unpublished Opinions Mandate: 4 April 2022 | |
| Bear Wallow Springs at Lake Toxaway Prop. Owners Ass'n v. Lake Toxaway Cmty. Ass'n (21-94 - Unpublished)
covenants, residential lot, real property, neighborhood, subdivision, summary judgment, maintenance, assessment, restrictive covenant, ascertainable standard, real covenant | |
| Coates v. Durham Cnty. (21-281 - Unpublished)
interlocutory appeal; appeal of a superior court's remand to a municipal board for further proceedings is interlocutory; special-use permit; attorney's fees | |
| DCW Classroom Designs, Inc. v. Swartz (21-288 - Unpublished)
appellate review, reply brief, summary judgment, abandoned | |
| Divine Purpose Int'l v. Dellinger (21-30 - Unpublished)
sanction, Rule 11, lying, lawful activities. | |
| Hedgecock Lumber Co. v. Apple (21-376 - Unpublished)
Motion to dismiss; discontinuance of summons; preservation. | |
| In re D.C-F. (21-343 - Unpublished)
involuntary commitment, dangerous to self, counsel, due process, preservation, witness | |
| In re D.K.B. (21-562 - Unpublished)
juvenile delinquency; trial court did not err in denying motion to suppress where juvenile suspect's furtive movements and officer's personal knowledge of juvenile's prior firearms offenses provided officer with reasonable suspicion to conduct a weapons frisk; testimony regarding comprehensive clinical assessment was not required and assessment qualified as an interdisciplinary evaluation | |
| In re K.L.L. (21-529 - Unpublished)
Termination of parental rights; NCGS 7B-1111(a)97)willful abandonment; NCGS 7B-1111(a)(1) abused or neglected; NCGS 7B-1111(a0(2) failure to make reasonable progress; clear, cogent and convincing evidence; unchallenged findings of fact. | |
| In re M.R.R. (21-520 - Unpublished)
termination of parental rights, neglect, case plan, best interests, juvenile, mental health, parenting, housing, employment, substance abuse, child support, visitation, ultimate findings, permanent plan | |
| In re N.J.D.K. (21-569 - Unpublished)
Termination of parental rights; willful abandonment; single ground sufficient for termination. | |
| Kochilla v. Mattamy Carolina Corp. (21-410 - Unpublished)
Standing to bring SPCA claim; conflict of laws; trespass; nuisance; judgement on the pleadings. | |
| Ocean Isle W. Homeowners Ass'n, Inc. v. Ocean Point Unit Owners Ass'n, Inc. (21-131 - Unpublished)
easement, grant, private road, gate, relocate, HOA, plats. | |
| Patton v. Patton (21-256 - Unpublished)
real property, partition, distribution, equitable, equity | |
| Sarvis v. Durham Cnty. (21-282 - Unpublished)
interlocutory appeal; appeal of a superior court's remand to a municipal board for further proceedings is interlocutory; special-use permit; attorney's fees | |
| Splawn v. Bradshaw (21-412 - Unpublished)
interlocutory, substantial rights, appellate review, contract | |
| State v. Brown (20-737 - Unpublished)
Castle Doctrine; Possession of a Firearm by a Felon; Pre-trial Determination of Castle Doctrine Immunity; Jury Instructions | |
| State v. Daugherty (21-448 - Unpublished)
Attorney's fees and colloquy | |
| State v. Gurkin (21-487 - Unpublished)
Anders review; trial court did not err in denying motion for postconviction DNA testing | |
| State v. Harris (21-103 - Unpublished)
plea agreement, vacate, repudiate | |
| State v. Harrison (21-197 - Unpublished)
probation, good cause, revocation, jail credit | |
| State v. Hayner (20-784 - Unpublished)
motion to dismiss; neglect of a disabled or elder adult causing serious injury; acting in concert theory; jury instruction. | |
| State v. Holley (20-760 - Unpublished)
First-degree murder, sufficient evidence, deadly weapon, ex mero motu, fundamentally unfair, inadmissible statement | |
| State v. Jackson (20-694 - Unpublished)
Criminal conspiracy; motion to dismiss; lesser-included offense; imperfect self-defense; admissibility of testifying co-defendant's statements/admissions; Confrontation Clause; limiting jury instruction. | |
| State v. Patterson (21-224 - Unpublished)
Prior record level determination; prejudicial error; multiple convictions from single week. | |
| State v. Robinson (21-382 - Unpublished)
Petition for writ of certiorari granted, Anders review revealed no non-frivolous issues, appeal dismissed. | |
| State v. Stinson (20-890 - Unpublished)
jury instructions, knowledge footnote, deny knowledge, undercover agent, heroin, Fentanyl | |
| State v. Swanson (21-393 - Unpublished)
sentence, probation, trial court, concurrently, judgments, probationary period, imprisonment, clerical error, probation revocation | |
| State v. Wall (20-538 - Unpublished)
Habitual felon; substantive felony; motion for joinder; motion to suppress | |
| State v. Williams (21-232 - Unpublished)
pleadings; facial validity; arrest warrant; notice; N.C. Gen. Stat. 50B-4.1; domestic violence; protective order |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 21 PETITIONS AND 138 MOTIONS.
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Filed: 1 March 2022 Mandate: 21 March 2022 Zip File of Published Opinions Case Title / Description | |
| Batson v. Coastal Res. Comm'n (21-110 - Published)
Attorneys' fees; trial court authority to award fees under N.C. Gen. Stat. 6-19.1 in judicial review proceeding challenging agency decision under N.C. Gen. Stat. 113A-121.1; substantial justification for agency decision; sufficiency of findings of fact | |
| Blackwell v. NC Dep't of Pub. Instruction (20-829 - Published)
worker's compensation, lump-sum award, weekly benefits, injury, uncommuted value, mortality table, unusual case | |
| Dismas Charities, Inc. v. The City of Fayetteville (20-914 - Published)
special use permit, zoning, halfway house, city council, denial, Standard 7, allows for the protection of property values, competent, material, substantial | |
| Dunhill Holdings, LLC v. Lindberg (20-384 - Published)
discovery sanctions, Rule 37(b)(2), final judgment, mootness, choice of sanctions | |
| In re: C.H.M. (21-196 - Published)
Adoptions NCGS Chapter 48; parental rights; biological father; Due Process; duty to support | |
| In re: Magestro (21-306 - Published)
Will Caveat; Declaratory Judgment; Mootness | |
| Maddukuri v. Chintanippu (20-803 - Published)
Stipulations for settlement and withdrawal of consent. | |
| Parks v. Johnson (21-51 - Published)
declaratory judgment; will interpretation; former spouse; decedent's siblings; North Carolina General Statutes Sections 31-5.4, 31-42(b); testator's intent; unfulfilled condition precedent; residuary devise; intestacy; reversed | |
| Snow Enter., LLC v. Bankers Ins. Co. (21-41 - Published)
bail bonds; quasi-estoppel; unjust enrichment; criminal defendant was estopped from recovering return of bond premium where defendant received the benefit of a re-written bond without notifying surety within a reasonable amount of time that defendant wanted return of bond premium rather than benefit of re-written bond, for which no premium was charged | |
| State v. Essick (21-134 - Published)
N.C. Gen. Stat. 15A-1340.17(f); statutory sentence enhancements; habitual felon; reportable convictions; sex-offender registry; unauthorized term of imprisonment | |
| State v. Graham (21-440 - Published)
Probation revocation; NCGS 15A-1344(a). | |
| State v. Guin (21-150 - Published)
Harbison error, implied concession of guilt, admission of facts not whole charges, jury instruction, lesser-included offenses, sufficiency of evidence, kidnapping, evidence of confinement distinct from concurrent assault | |
| State v. Hales (21-121 - Published)
Pro se defendant-appellant; violation of a local ordinance, N.C. Gen. Stat. 14-4; trial court's improper application of statutory sentencing requirements; motion to dismiss for selective prosecution; motion to suppress evidence. | |
| State v. Julius (20-548 - Published)
Motion to suppress, 4th amendment search; identity of driver; probable cause; reasonable suspicion; search incident to arrest; jury instructions. | |
| State v. Pettiford (21-348 - Published)
Probation; revocation; misdemeanor breaking or entering; competent evidence; and abuse of discretion. | |
| Unpublished Opinions 1 March 2022 - Rule 30e - Zip File of Unpublished Opinions Mandate: 21 March 2022 | |
| Harris v. Harris (20-700 - Unpublished)
child custody, contempt, attorney's fees, consent order, substantial change of circumstances, welfare | |
| Harrison v. Morris (21-66 - Unpublished)
Motion to dismiss; statute of limitations; and continuing course of treatment doctrine | |
| Hicks v. Hicks (21-246 - Unpublished)
Rule 60(b)(6); Modifying Consent Order; Mutual Mistake | |
| In re K.W-M. (21-251 - Unpublished)
denial of visitation; challenged findings of fact; testimony at disposition | |
| In re T.B. (21-349 - Unpublished)
Involuntary Commitment; Sufficiency of Findings; Impartial Tribunal | |
| Lindberg v. Lindberg (21-283 - Unpublished)
interlocutory appeal; substantial right; arbitration | |
| Lowrey v. Choice Hotels Int'l, Inc. (21-199 - Unpublished)
Interlocutory appeal; substantial right; discovery order; reconsideration order | |
| Smoky Mountain Country Club Prop. Owners Ass'n, Inc. v. Dungan (21-128 - Unpublished)
legal malpractice; motion to dismiss; statute of limitations; N.C. Gen. Stat. 1-15(c). | |
| State v. Brooks (21-185 - Unpublished)
Anders Appeal; Probation Revocation; Petition for Writ of Certiorari | |
| State v. Cochran (21-87 - Unpublished)
prior criminal convictions, sentencing levels, stipulations, substantial similarity | |
| State v. Johnson (21-241 - Unpublished)
Postconviction DNA testing; NCGS 15A-269(a); law of the case; sworn affidavit; no showing of different result. | |
| State v. Kelly (21-287 - Unpublished)
Sentencing; out-of-state convictions, substantial similarity to North Carolina offenses | |
| State v. McCrae (20-847 - Unpublished)
conspiracy to commit murder, motion to dismiss, opinion testimony, jury instructions | |
| State v. Melvin (18-843-2 - Unpublished)
Armed robbery; kidnapping; conspiracy to commit armed robbery; joint trial; denial of motion for severance; conflicting evidence presented by co-defendants; determination of prejudice | |
| State v. Moore (20-733 - Unpublished)
Plain Error, lesser included offense, State's closing argument | |
| State v. Murdock (20-547 - Unpublished)
Motion to Suppress; Fourth Amendment; Reasonable Expectation of Privacy; Executing Writ of Possession | |
| State v. Murphy (21-244 - Unpublished)
probation, suspended sentence, possession of drug paraphernalia, possession of marijuana drug paraphernalia, new crime, abuse of discretion | |
| State v. Overcash (21-217 - Unpublished)
Rule of Completeness, Preservation, Prejudice | |
| Vizcaino v. Am. Emerald Transp. Servs., Inc. (21-299 - Unpublished)
Worker's Compensation Act; Insurance Guaranty Act; covered claim; estoppel; N.C. Gen. Stat. 97-19.1; ancillary jurisdiction of the Industrial Commission; reimbursement |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 21 PETITIONS AND 138 MOTIONS.
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Filed: 15 February 2022 Mandate: 7 March 2022 Zip File of Published Opinions Case Title / Description | |
| Bryant v. Wake Forest Univ. Baptist Med. Ctr. (21-138 - Published)
medical malpractice; object left in body during surgery; summary judgment was proper on claims for actual and constructive fraud because there was no evidence of deceptive intent or fiduciary relationship between physician and patient; res ipsa loquitor did not apply because elements of both standard of care and breach required expert testimony; summary judgment on medical malpractice claim was proper because four-year rather than ten-year statute of limitations applied because evidence was uncontroverted that object left in body was intended to be left in body permanently for purpose of medical treatment; punitive damages claim failed where all other claims did not withstand summary judgment | |
| Cty. of Mecklenburg v. Ryan (21-205 - Published)
Service of process; notice; due diligence; real property; good faith purchaser; tax lien; tax collector; right of redemption; redemption; disability; email; petition for writ of certiorari; default judgment; confirmation of sale; upset bids; foreclosure; commissioner's deed; N.C. Gen. Stat. § 105-361; restitution | |
| Dep't of Transp. v. Bloomsbury Est., LLC (21-323 - Published)
Summary judgment; motion to consolidate; expert opinion of valuation; NCGS 47C-117(b); NCGS 47C-1-107; NCGS 1A-1, Rule 42(a); NCGS 136-108. | |
| Dow-Rein v. Sarle (21-267 - Published)
Personal jurisdiction; specific jurisdiction; sufficiency of contacts; purposeful availment | |
| Mahone v. Home Fix Custom Remodeling (21-292 - Published)
Industrial Commission; Workers' Compensation Act; legal standard for determining compensability of injury; attendant care benefits; Workers' Compensation Rule 614; discovery sanctions. | |
| Medina v. Medina (21-157 - Published)
Sua sponte; Rule 60(b)(1); Parenting Coordinator; Writ of Certiorari; de novo; N.C. Gen. Stat. § 50-99, N.C. Gen. Stat. § 50-92. | |
| State v. Green (21-151 - Published)
first-degree murder; voluntary intoxication; admission of real evidence | |
| State v. Shuler (19-967-2 - Published)
(View Supreme Court Opinion) Right to remain silent; defense of duress; constitutional error; remand from Supreme Court; harmless beyond a reasonable doubt; no comment by State during closing. | |
| Walker-Snyder v. Snyder (21-186 - Published)
Domestic violence protective order; subject-matter jurisdiction; civil summons; competent evidence of domestic violence; harassment; substantial emotional distress | |
| Unpublished Opinions 15 February 2022 - Rule 30e - Zip File of Unpublished Opinions Mandate: 7 March 2022 | |
| Abernathy v. Mission Health Sys., Inc. (21-253 - Unpublished)
Summary judgment; elements of Retaliatory Employment Discrimination Act (REDA) claim; employer-employee relationship | |
| Cecil Holcomb Renovations, Inc. v. L. Firm of Wilson & Ratledge, PLLC (21-65 - Unpublished)
trial court did not abuse its discretion in disqualifying counsel based on violation of Rule 4.2 of Rules of Professional conduct; trial court had subject matter jurisdiction over counterclaim for unpaid legal fees despite absence of a notification regarding state bar's fee dispute resolution program; trial court did not err or abuse its discretion by excluding certain evidence of billing practices | |
| Coghill v. Brown (21-361 - Unpublished)
Summary ejectment; summary judgment; month-to-month tenancy | |
| Dow-Rein v. Sarle (21-262 - Unpublished)
Personal jurisdiction; sufficiency of contacts; purposeful availment; mandate rule | |
| Grace Ridge Gateway Terrace Durham, LLC v. Mattress Firm, Inc. (21-334 - Unpublished)
Summary ejectment; waiver; landlord and tenant. | |
| In re E.M. (21-564 - Unpublished)
Child abuse, neglect, and dependency; Subject matter jurisdiction; Juvenile petitions. | |
| In re L.J.J. (21-234 - Unpublished)
Adjudication Order; Controlled Substance; Sufficiency of the Evidence | |
| In re Z.B. (21-405 - Unpublished)
abuse, neglect, and dependency; trial court's adjudication of neglect was based on more than prior adjudications of abuse and neglect of sibling | |
| Jones v. Atlas Distribs., LLC (21-214 - Unpublished)
Personal jurisdiction; Rule 12(b)(2) dismissal; standard of review | |
| Jones v. Brock & Scott, PLLC (20-792 - Unpublished)
Rule 12(b)(6); Motion to Dismiss; Fair Debt Collection Practices Act; North Carolina Debt Collection Act | |
| Nehemiah v. Ameriglide, Inc. (21-122 - Unpublished)
Rule 3, Rule 9, notice of appeal | |
| State v. Bates (21-423 - Unpublished)
Motion to suppress; Fourth Amendment; consent; apparent control | |
| State v. English (20-595 - Unpublished)
trial court did not err in concluding defendant failed to make prima facie Batson challenge; no abuse of discretion by refusal to strike prospective jurors and give curative instruction; no error in overruling relevancy objection to expert's testimony or excluding portion of expert's report | |
| State v. McGill (21-453 - Unpublished)
habitual larceny; essential elements; N.C. Gen. Stat. 14.72; N.C. R. App. P. 4 | |
| State v. Porter (21-237 - Unpublished)
Assault with deadly weapon; denial of motion to dismiss; self-defense; defense of habitation | |
| State v. Thomas (20-814 - Unpublished)
capacity to proceed; competency hearing; ineffective waiver of counsel; structural error | |
| State v. Washington (20-844 - Unpublished)
Sixth Amendment right to counsel; forfeiture of right to counsel; waiver of assigned counsel; pro se defendant; egregious and dilatory conduct; new trial. | |
| State v. Young (20-523 - Unpublished)
indictment, lesser-included offense, swapping horses, Rule 403 | |
| Thomas v. Century Emp. Org., LLC (21-399 - Unpublished)
Workers' compensation; employer-employee relationship; special employee; NCGS 97-51; NCGS 58-48-55(a1). | |
| Utley v. Swann's Mill Homeowners Ass'n (21-166 - Unpublished)
foreclosure sale; third-party bidder from whom plaintiff did not seek to recover damages had standing to move to dismiss plaintiff's complaint; record demonstrated that trial court did not consider outside the pleadings in granting motion to dismiss, thus not converting ruling to summary judgment; plaintiff failed to timely file an upset bid under provisions of emergency COVID-19 orders extending filing times and deadlines | |
| Vanguard Sports Grp., LLC v. Smith (21-420 - Unpublished)
Summary judgment; limited liability company; amendment to operating agreement; ownership interests. | |
| Verdone v. Verdone (20-888 - Unpublished)
Nonjudicial partnership dissolution; Conflict of laws, substance and procedure; Direct and derivative suits. | |
| Williams v. Johnson (21-340 - Unpublished)
Child custody erroneously granted to non-party | |
| Wooten v. Wooten (21-367 - Unpublished)
Separation; Divorce; Alimony; Higher Education Contributions; Fraud; Warranty of Disclosure; Rescission; Ratification; Motion for Summary Judgment; Specific Performance |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 21 PETITIONS AND 138 MOTIONS.
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Filed: 1 February 2022 Mandate: 21 February 2022 Zip File of Published Opinions Case Title / Description | |
| Alexander v. NC State Bd. of Elections (21-77 - Published)
district court judicial elections; three-judge panel; attorneys fees; mootness | |
| Guy M. Turner Inc. v. KLO Acquisition LLC (21-118 - Published)
Summary judgment; genuine issues of material fact; N.C. Gen. Stat. § 1-440.28; garnishment action; assertion of right to setoff; assertion of perfected security interest; no waiver of right to setoff | |
| In re: Chastain (21-127 - Published)
removal, clerk, misconduct, affidavit, official, rule of necessity, recusal, corruption, malpractice, disqualification, willful misconduct, sanction, due process, jurisdiction | |
| Miller v. LG Chem, Ltd. (20-687 - Published)
products liability; lack of specific jurisdiction; NCGS 1-75.4; causal connection; related to; minimum contacts; stream of commerce | |
| Moore v. Trout (20-166 - Published)
Jurisdiction; easement; interlocutory appeal. | |
| Rimmer v. Town of Chapel Hill (20-895 - Published)
Workers' compensation, notice of occupational disease, N.C. Gen. Stat. § 97-22, timely filing of workers' compensation claim, N.C. Gen. Stat. § 97-58 | |
| State v. Draughon (21-177 - Published)
motion to suppress; motion to dismiss; motion for judgment notwithstanding the verdict; AWDWIKISI; conspiracy | |
| State v. King (21-93 - Published)
Automatism, unconsciousness, self-serving evidence, sufficient evidence of premeditation and deliberation, voir dire questioning, closing arguments | |
| State v. McKoy (20-805 - Published)
exclusion of evidence; Rule 403; prejudicial error | |
| State v. Robinson (21-137 - Published)
Criminal contempt; summary proceedings | |
| Unpublished Opinions 1 February 2022 - Rule 30e - Zip File of Unpublished Opinions Mandate: 21 February 2022 | |
| Almason v. Southgate on Fairview Condo. Ass'n, Inc. (21-57 - Unpublished)
Declaratory judgement; violation of HOA bylaws | |
| Assoc. MD, LLC v. Metabolic Med., LLC (21-146 - Unpublished)
Breach of contract; denial of motion to set aside entry of default; grant of Rule 60 motion to set aside summary judgment; good cause | |
| Best Choice Prods. v. Hendrick, Bryant, Nerhood, Sanders & Otis, LLP (21-163 - Unpublished)
Motion to dismiss pursuant to Rule 12(b)(6); statute of limitations; N.C. Gen. Stat. § 1-15; legal malpractice claim; cause of action accrual; no bar to recovery on face of complaint | |
| Bossian v. Chica (21-381 - Unpublished)
interlocutory order; risk of inconsistent verdicts; Rule 11 sanctions; Rule 12(b)(6) | |
| Chalileh v. Jenkins (21-327 - Unpublished)
Motion to dismiss; statute of limitations; Rule 41 | |
| Evans v. Myers (20-52 - Unpublished)
Child custody; grandparent standing to intervene; actions inconsistent with constitutionally protected parental status; sufficiency of findings of fact | |
| In re D.A. (21-312 - Unpublished)
Juvenile; assault inflicting serious bodily injury; writ of certiorari; Fifth Amendment; self-incrimination; N.C. Gen. Stat. § 7B-2405; restitution; N.C. Gen. Stat. § 7B-2501; and N.C. Gen. Stat. § 7B-2506. | |
| In re Foreclosure of Noori (20-728 - Unpublished)
Deed of Trust, Equitable Defense, Legal Defense, Rule 9, Necessary Documents, Amend the Record. | |
| Jenkins v. Wells Fargo Bank, NA (21-336 - Unpublished)
Workers' Compensation Act; no compensable injury by accident; preservation of issue; sufficient findings of fact and conclusions of law | |
| N.C. Farm Bureau Mut. Ins. Co., Inc. v. Kerby (20-883 - Unpublished)
Insurance policies; exclusionary clauses; intentional acts. | |
| State v. Adams (20-865 - Unpublished)
Motion to suppress; warrantless search; warrantless seizure; traffic stop; Terry stop; reasonable suspicion; reasonable, articulable suspicion; community caretaking doctrine; Fourth Amendment; Controlled Substances Act; driving with suspended license. | |
| State v. Denny (21-384 - Unpublished)
Anders review, post-conviction DNA testing, petition for writ of certiorari | |
| State v. Faulk (21-55 - Unpublished)
First Degree Murder; Motion to Suppress; Exigent Circumstances; Warrant Requirement | |
| State v. Glasson (20-15 - Unpublished)
aggravating factor, position of trust or confidence, bad acts evidence, disclosure | |
| State v. Largen (21-164 - Unpublished)
Voluntary manslaughter; robbery with dangerous weapon; sufficiency of factual basis; calculation of prior record level | |
| State v. Lewis (21-301 - Unpublished)
Anders brief; wholly frivolous; attorney fees; possession of a firearm by a felon; homicide; suicide; crime scene; defense of accident; second-degree murder; Alford plea; sentencing; prior record level | |
| State v. McCauley (21-266 - Unpublished)
satellite-based monitoring; Fourth Amendment; aggravated offense | |
| State v. Nougier (21-63 - Unpublished)
Attempted first degree murder; sufficiency of evidence of premeditation and deliberation; denial of request for jury instructions; attempted voluntary manslaughter; voluntary intoxication | |
| State v. Parker (21-474 - Unpublished)
N.C. Gen. Stat. § 15A-1444(a2)(2); guilty plea; court costs imposed across two judgments; alleged violation of N.C. Gen. Stat. § 7A-304(a); no subject matter jurisdiction; appeal dismissed | |
| State v. Poss (21-365 - Unpublished)
Assault with a deadly weapon inflicting serious injury; deadly weapon per se; overwhelming evidence of guilt; invited error. | |
| State v. Sanford (20-607 - Unpublished)
Motion to dismiss; injury to real property; jury instructions; trespass; damage to real property; lease; reasonable belief; claim of right; motion in limine; preservation; appellate review; plain error; right to present a defense; felony; misdemeanor; intent | |
| State v. Torres (21-69 - Unpublished)
Indecent liberties; admission of corroborative testimony about out of court statements | |
| State v. Viers (20-806 - Unpublished)
Expert Testimony; Impermissible Vouching for Witness Credibility; Preservation; Prejudicial Error | |
| Tuel v. Tuel (21-187 - Unpublished)
child custody; relocation; findings of fact; appellate mandate; Ramirez-Barker v. Barker; abuse of discretion | |
| Wattley v. Wortham-Thomas (20-804 - Unpublished)
interlocutory appeal, substantial right |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 21 PETITIONS AND 138 MOTIONS.
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|
Filed: 18 January 2022 Mandate: 7 February 2022 Zip File of Published Opinions Case Title / Description | |
| Carmichael v. Cordell (21-317 - Published)
Personal jurisdiction; minimum contacts; in personam jurisdiction, NCGS 1-75.4; in rem jurisdiction, NCGS 1-75.8; property located within NC; abuse of discretion. | |
| Dan King Plumbing Heating & Air Conditioning, LLC v. Harrison (20-698 - Published)
unfair and deceptive practices; reliance on false signature could not be shown where party was unaware of the signature; trial court erred in concluding that claims for unfair and deceptive practices failed where party was sold duplicate warranties; remand required to determine the reasonableness of any reliance on duplicate warranties; trial court did not abuse its discretion in refusing to allow amendment of counterclaim during trial; trial court erred by failing to grant motion for directed verdict on defective workmanship claim because no expert testimony supported claim that workmanship was defective, as required; attorney's fees issue was not preserved for appellate review where no ruling was obtained on the request prior to appeal being noticed; trial court did not abuse its discretion in directing the order of closing arguments, if issue was preserved for appellate review | |
| Davis v. Lake Junaluska Assembly, Inc. (21-333 - Published)
Summary judgment; NCGS 47F; NC Planned Community Act; Applicability; Assessments; Disclosure of records; | |
| In re: A.P. (21-310 - Published)
Permanency planning order; reasonable accommodations for respondent-parent; sufficient findings of fact and conclusions of law; visitation order; substantial discretion to guardian over visitation; future review hearings | |
| Monroe v. MV Transp. (21-316 - Published)
North Carolina Industrial Commission; disability benefits; showing of futility; remanded for further findings. | |
| Sprouse v. Mary B. Turner Trucking Co. LLC (20-874 - Published)
Workers compensation; NCGS 97-22; causal relation; timely notice; burden to show lack of prejudice. | |
| State of NC Ex. Rel. Utils. Comm'n v. Friesian Holdings, LLC (20-867 - Published)
North Carolina Utilities Commission; independent solar energy plant; certificate of public convenience and necessity; North Carolina General Statutes Section 62-110.1(a); FERC crediting policy; no federal preemption; levelized cost of transmission test; cost to ratepayers; purchase power agreement; affirm the Commission's denial of application | |
| State v. Brichikov (20-660 - Published)
Lesser included instruction; involuntary manslaughter; culpable negligence; prejudicial error; State v. Debiase. | |
| State v. Cataldo (20-740 - Published)
Motion for Post Conviction Discovery; Motion for Appropriate Relief; law of the case doctrine; scope of discovery order; in camera review; Pennsylvania v. Ritchie | |
| State v. Crew (20-721 - Published)
Motion to dismiss; leading question during direct examination; plain error; restitution; authority to immediately convert restitution award to civil judgment | |
| State v. Guinn (21-153 - Published)
modification of probation; right to counsel; waiver; N.C. Gen. Stat. 15A-1242; subject-matter jurisdiction | |
| State v. Heath (20-715 - Published)
motion to suppress, conflicting material evidence | |
| State v. Steele (20-894 - Published)
embezzlement; fiduciary duty; jury instructions | |
| State v. Ward (21-303 - Published)
Sixth amendment, right to counsel, self-representation, expert witness, bolstering credibility of prosecuting witness, plain error review, ineffective assistance of counsel. | |
| Unpublished Opinions 18 January 2022 - Rule 30e - Zip File of Unpublished Opinions Mandate: 7 February 2022 | |
| Enoch v. Monarch (20-585 - Unpublished)
Workers' compensation; denial of additional treatment; award of attorneys' fees for unfounded litigiousness under N.C. Gen. Stat. 97-88.1 | |
| In re J.B. (21-457 - Unpublished)
Modification of child custody order; substantial change of circumstances; N.C.G.S. 50-13.7 | |
| Kim v. Calloway (21-52 - Unpublished)
Contempt; failure to pay child care expenses under court order; willfulness requirement; insufficient findings of fact | |
| McGirt v. Durham Cnty. Gov't (21-261 - Unpublished)
wrongful death while in custody; interlocutory appeal based on sovereign, governmental, or qualified immunity; trial court correctly granted in part and denied in part motion to dismiss; no immediate appeal of right existed from trial court's denial of claim for temporary or permanent injunction | |
| Miller v. E. Band of Cherokee Indians (21-206 - Unpublished)
Motion to dismiss; sovereign immunity; tribal defendants; Native American tribe; Eastern Band of Cherokee Indians; interlocutory; appellate jurisdiction; real property; easements | |
| Revis v. Schleder (21-360 - Unpublished)
Res ipsa loquitur; negligence; medical negligence; medical malpractice; special pleading requirements; Rule 9(j); Rules of Civil Procedure; motion to dismiss; interlocutory appeal; appellate jurisdiction; and vicarious liability. | |
| Roth v. Roth (21-84 - Unpublished)
modification of child support; calculation of gross income; witness credibility; issue abandoned on appeal | |
| State v. Dawson (21-372 - Unpublished)
Anders brief; prior record level; sentence dispositions; sentence duration | |
| State v. Hugayes (20-756 - Unpublished)
Invited instructional error; indecent liberties; double jeopardy. | |
| State v. Johnson (20-820 - Unpublished)
Ineffective assistance of counsel claim; opening door to inadmissible evidence; sufficiency of evidence of two separate assaults | |
| Woodforest Nat'l Bank v. Edwards Brothers Malloy, Inc. (20-217 - Unpublished)
Right to appeal; motion to intervene; Rule 3; abandonment. |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 21 PETITIONS AND 138 MOTIONS.
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Filed: 4 January 2022 Mandate: 24 January 2022 Zip File of Published Opinions Case Title / Description | |
| Asare v. Asare (20-708 - Published)
alimony, divisible property, unequal distribution | |
| Barus v. Coffey (20-823 - Published)
Rule 12(b)(6), motion to modify child support | |
| In re: K.H. (21-379 - Published)
Trial court did not err in adjudicating juvenile neglected, N.C. Gen. Stat. § 7B-101(15); trial court properly admitted drug test results pursuant to the business records exception to the hearsay rule, N.C. Gen. Stat. § 8C-1, Rule 803(6), trial court did not abuse its discretion in juvenile disposition order. | |
| State v. Hogan (20-795 - Published)
excuse juror for cause; clerical error | |
| State v. Redmond (21-212 - Published)
Fatal variance, special property interest, injury to personal property, restitution, unsold property, market value not speculative | |
| State v. Thompson (20-434 - Published)
Motion to dismiss; fleeing to elude arrest; reasonable articulable suspicion; probable cause; N.C.G.S § 15A-401. | |
| Unpublished Opinions 4 January 2022 - Rule 30e - Zip File of Unpublished Opinions Mandate: 24 January 2022 | |
| Albright v. Equity Lifestyle Props., Inc. (20-900 - Unpublished)
motion to compel arbitration; arbitration; substantial right; wrongful death; scope of arbitration; validity of arbitration agreement | |
| Dotson v. Barber (21-45 - Unpublished)
untimely notice of appeal | |
| Fleming v. Cedar Mgmt. Grp., LLC (21-213 - Unpublished)
motion to dismiss; transfer fee; Chapter 39A; denial of leave to amend complaint | |
| Hendrixson v. Div. of Soc. Servs. (20-282 - Unpublished)
Medicaid; Medicare; dual eligible; N.C.G.S. § 108A-55.1; unpromulgated rule; Duke Univ. Med. Ctr. v. Bruton. | |
| In re D.B. (21-426 - Unpublished)
Child custody, cessation of reunification as secondary plan | |
| In re K.T.B. (21-435 - Unpublished)
independent review under Anders and In re LEM revealed no meritorious issue where counsel did not argue error in trial proceedings | |
| In re T.C.M. (21-242-2 - Unpublished)
juvenile, caretaker, reunification, visitation, grandfather, mental health, placement, removal parent, dependent, venue, minor, subject matter jurisdiction, standing, social services, DSS, conflict of interest, disposition, adjudication | |
| Lantz v. Lantz (21-168 - Unpublished)
Grandparent custody; standing; consent order; N.C. Gen. Stat. 50-13.1 | |
| Reverse Mortg. Sols., Inc. v. Dufault (21-159 - Unpublished)
Motion to Dismiss; Failure to State a Claim; Quiet Title; Description of Land in Deed | |
| State v. Acklin (21-385 - Unpublished)
Alford plea, sufficiency of indictment, obstruction of justice, essential element, repudiation of plea | |
| State v. Bowens (20-796 - Unpublished)
Dismissed, plea, plea agreement, factual basis, writ of certiorari. | |
| State v. Cox (21-290 - Unpublished)
Pro Se Filing; Motion for Appropriate Relief | |
| State v. Daw (20-842 - Unpublished)
trial court did not err in denying the defendant's motion to dismiss because substantial evidence existed of his deceptive intent | |
| State v. Locklear (20-790 - Unpublished)
First-degree murder, robbery, dangerous weapon, search warrant, plea deal, ineffective assistance of counsel, trial counsel, prejudice, jury | |
| State v. Marion (20-729 - Unpublished)
Equal protection; selective prosecution; racial discrimination; similarly situated; felony murder; accessory after the fact; motion for appropriate relief; post-conviction discovery; findings of fact; conclusions of law; evidentiary hearing; competent evidence; and petition for writ of certiorari. | |
| State v. Miles (20-853 - Unpublished)
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| State v. Ruth (20-657 - Unpublished)
Attempted murder; possession of a firearm by a felon; discharging a firearm into an occupied vehicle in operation; attempted murder; felony fleeing to elude arrest; assault with a deadly weapon with intent to kill; jury selection; voir dire; Batson objection; racial discrimination; moot; burden of proof; race-neutral explanation; and assault with a firearm on a law enforcement officer. | |
| State v. Stewart (21-101 - Unpublished)
sexual assault, massage, sexual battery, sexual offense, indictment, essential element, force, purpose, subject matter jurisdiction | |
| Vance v. Laurels Healthcare Holdings (21-198 - Unpublished)
Workers' Compensation Act; injury by accident; extra exertion; insufficient finding of fact and conclusion of law; reversed and remanded | |