Court of Appeals Opinions
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Filed: 19 March 2019 Mandate: 8 April 2019 Zip File of Published Opinions Case Title / Description | |
| Adams v. Langdon (18-718 - Published)
Grandparental visitation rights; Civil contempt; Effect of termination of parental rights on grandparental visitation rights; Notice of Appeal; Show Cause Motion. | |
| Aesthetic Facial & Ocular Plastic Surgery Ctr., P.A. v. Zaldivar (18-431 - Published)
Restrictive Covenants, Public Policy, Learned Profession Exception | |
| Assoc. Behav. Servs., Inc. v. Smith (18-463 - Published)
Attorneys' fees; motion for reconsideration; Rule 60(b); notice of appeal | |
| BDM Invs. v. Lenhil, Inc. (18-533 - Published)
Complex Business Case. | |
| Feeassco, LLC v. The Steel Network, Inc. (18-739 - Published)
Order allowing motion to compel discovery; order allowing sanctions for discovery violations; order denying motion to compel discovery and for sanctions; review of interlocutory discovery orders | |
| Gunter v. Maher (18-844 - Published)
interlocutory appeal; substantial right; order compelling discovery; attorney-client privilege | |
| Hager v. Smithfield East Health Holdings, LLC (18-651 - Published)
Arbitration; Standing to Compel Arbitration; Fiduciary Relationships; Fiduciary Duties | |
| Henry v. Morgan (18-731 - Published)
Service of process; due diligence; service by publication | |
| Hill v. Durrett (18-515 - Published)
NCGS § 50-10; Annulment; Summary Judgment | |
| Huml v. Huml (18-484 - Published)
Custody, Suspension of Visitation | |
| In re: J.L. (18-473 - Published)
Juvenile Guardianship; Standing; Admissibility of Evidence; Sufficiency of Evidence; Standard of Proof; Visitation | |
| Julian v. The Univ. of NC Health Care Sys. (18-477 - Published)
Breach of contract; hospital charges for operating room time; statute prohibiting billing for medical care not actually supplied | |
| Ramsey v. Ramsey (18-600 - Published)
civil contempt; nonjurisdictional Appellate Rules violations; Appellant's brief | |
| Simms v. Bolger (18-551 - Published)
Child support; Change in circumstances; Lump sum award; Custodial account; Arrearages; Attorneys' fees | |
| Simms v. Bolger (18-716 - Published)
Contempt; Attorneys' fees | |
| Sluder v. Sluder (18-920 - Published)
Equitable Distribution; Post Separation; Marital Debt | |
| State v. Gamez (18-436 - Published)
Miranda warnings; custodial interrogation; military | |
| State v. Griffin (18-681 - Published)
assault inflicting serious bodily injury; felony breaking and entering with intent to terrorize or injure | |
| State v. Lopez (18-13 - Published)
Physically helpless; Expert testimony; Jury instructions; Satellite-based monitoring | |
| State v. Miller (17-1215-2 - Published)
Maintaining a dwelling for the keeping or sale of controlled substance, NCGS 90-108(a)(7); State v. Rogers, 817 S.E.2d 150 (2018); definition of keep; single sale; motion to dismiss. | |
| State v. Rivera (18-517 - Published)
Motion to Suppress; Waiver; Appellate Review; Plain Error; Ineffective Assistance of Counsel | |
| State v. Shackelford (18-273 - Published)
N.C. Gen. Stat. § 14-277.3A; Felony Stalking; First Amendment; As-applied challenge; Content-based restriction; Social media | |
| State v. Steen (18-233 - Published)
First-degree murder; felony murder based upon attempted murder with a deadly weapon; Jury instructions; Expert witness testimony | |
| Stern v. Stern (18-523 - Published)
motion to dismiss, substantial change of circumstances, timing and modification, child custody | |
| Tarr v. Zalaznik (18-649 - Published)
Partition by sale; Equity; N.C.G.S. Sec. 41-2(b); Joint Tenants | |
| Tipton v. Delta Sigma Phi Fraternity, Inc. (18-581 - Published)
Summary judgment; Negligence; Proximate Cause; Wrongful Death; Hazing | |
| Watauga Cty. o/b/o McKiernan v. Shell (18-687 - Published)
IV-D claim; Chapter 50 action; custody; stay | |
| Weishaupt-Smith v. Town of Banner Elk (18-903 - Published)
Variance Request; NC Appellate Rule 38; Motion to Substitute Parties on Appeal; Standing; Aggrieved Party; Quasi-Judicial Proceedings; Subject Matter Jurisdiction; Conditional Use Permit | |
| Wright v. Alltech Wiring & Controls (18-833 - Published)
Industrial Commission; Workers' Compensation Act; appellate jurisdiction; coming and going rule; contractual duty exception; traveling salesperson exception | |
| Unpublished Opinions 19 March 2019 - Rule 30e - Zip File of Unpublished Opinions Mandate: 8 April 2019 | |
| Arroyo v. Yanez (18-497 - Unpublished)
Alimony; equitable distribution; divorce; attorney?s fees; dependent spouse; supporting spouse; marital misconduct; marital property; separate property; active appreciation; passive appreciation; business shares; income approach; asset approach; earning capacity; income; expert witness | |
| Arroyo v. Yanez (18-560 - Unpublished)
Alimony; equitable distribution; divorce; attorney?s fees; dependent spouse; supporting spouse; marital misconduct; marital property; separate property; active appreciation; passive appreciation; business shares; income approach; asset approach; earning capacity; income; expert witness | |
| Brinkley-Caldwell v. Britthaven, Inc. (18-400 - Unpublished)
Motion to Dismiss; Rules of Civil Procedure; Rule 12(b)(6) | |
| Chalk v. Braakman (18-792 - Unpublished)
Motion for Directed Verdict; Motion for JNOV; Specific grounds required; Negligence | |
| Cronje v. Johnston (18-698 - Unpublished)
Summary ejectment; Implied warranty of habitability; Unfair and deceptive trade practices; NCGS § 42-42; Landlord/Tenant | |
| Fed. Nat'l Mortg. Ass'n v. Price (18-775 - Unpublished)
Foreclosure of a deed of trust; subject matter jurisdiction; frivolous appeal. | |
| Helbein v. Helbein (18-383 - Unpublished)
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| In re: A.B. (18-711 - Unpublished)
Rule 3.1 case; cessation of reunification efforts. | |
| In re: A.D.S., N.V.S., C.D.S., H.D.S., F.D.S., S.V.S., V.D.S., D.V.S., V.D.S. (18-1111 - Unpublished)
Termination of parental rights; Notice; Best interest determination; Motion to Continue; Motion to Withdraw; Fundamentally fair procedures in termination of parental rights hearings; Right to effective counsel; Right to notice of termination hearing. | |
| In re: A.J.K. (18-906 - Unpublished)
termination of parental rights; best interests determination | |
| In re: A.X.M., Jr. (18-758 - Unpublished)
Ineffective Assistance of Counsel; Termination of Parental Rights | |
| In re: B.L. (18-881 - Unpublished)
Termination of Parental Rights. | |
| In re: J.A.C. (18-595 - Unpublished)
Permanency Planning; Denial of Motion to Continue; Guardianship; Verification of Guardians; Understanding of Legal Significance; Adequate Financial Resources | |
| In re: K.N.C.H. (18-913 - Unpublished)
termination of parental rights; jurisdiction | |
| In re: M.F.B., L.B., III, M.W.E.B. (18-848 - Unpublished)
TPR; best interests/disposition | |
| In re: M.R.C-M. (18-898 - Unpublished)
no merit brief | |
| In re: P.L.R. (18-782 - Unpublished)
termination of parental rights; neglect; best interests of the child | |
| Lea v. David's Bridal of Greensboro, Inc. (18-835 - Unpublished)
Injury by accident. | |
| Makar v. Mimosa Bay Homeowners Ass'n, Inc. (18-547 - Unpublished)
Homeowners Association; Restrictive Covenants; Summary Judgment; Architectural Review Committee | |
| Mathis v. Jones (18-262 - Unpublished)
Appellate Jurisdiction | |
| O'Buckley v. O'Buckley (18-676 - Unpublished)
Sanctions; Jurisdiction | |
| Stamey v. Stamey (18-397 - Unpublished)
Civil Contempt Order; Interlocutory; Substantial Right | |
| State v. Al-Hamood (18-682 - Unpublished)
Motion to Dismiss; Motion to Suppress; First Degree Forcible Sexual Assault; Prejudicial Error | |
| State v. Ardrey (18-460 - Unpublished)
Attempted felony larceny; value of stolen property; motion to dismiss | |
| State v. Benjamin (18-751 - Unpublished)
Possession with intent to sell or deliver marijuana; motion to suppress; Alford plea; notice of appeal; attorney's fees. | |
| State v. Bradshaw (17-1286 - Unpublished)
Driving while impaired; statute of limitations, NCGS 15-1; citation | |
| State v. Callaghan (18-543 - Unpublished)
Statutory rape and sexual offense, N.C. R. E. 412, prejudicial error, ineffective assistance of counsel, reasonable search, exigent circumstances, missing persons | |
| State v. Chester (18-671 - Unpublished)
Possession of controlled substance, NCGS 90-95(a); Motion to suppress; Anders brief | |
| State v. Cole (18-213 - Unpublished)
Ineffective Assistance of Counsel; Cumulative Error; Restitution | |
| State v. Fletcher (18-371 - Unpublished)
Breaking, entering and larceny; alibi witness; ineffective assistance of counsel, motion for appropriate for relief. | |
| State v. Hight (18-555 - Unpublished)
Probation revocation; absconding; Anders brief. | |
| State v. Jackson (18-344 - Unpublished)
Restitution; Competent Evidence | |
| State v. King (18-494 - Unpublished)
Prior Convictions; Unfair Prejudice; Motion to Dismiss | |
| State v. Kope (18-752 - Unpublished)
Post-conviction Relief; Anders Brief | |
| State v. Lane (18-444 - Unpublished)
Attempted First Degree Murder; Assault with a Deadly Weapon; Admission of Evidence of Victim's Age; N.C. R. Evid. 401; N.C. R. Evid. 404(b); Challenge to Closing Arguments; Jury Instruction on Self-Defense | |
| State v. Lopes (18-161 - Unpublished)
Jury Instruction; Lesser Included Offense; Legal Presumption | |
| State v. Maurilio (18-155 - Unpublished)
indictment; fatal variance; judgment arrested | |
| State v. Moore (18-591 - Unpublished)
jury instructions; deadly weapon; lesser included offense; defense of accident; plain error | |
| State v. Moore (18-576 - Unpublished)
Jurisdiction; Service of Notice of Appeal; Anders Appeal | |
| State v. Morgan (18-412 - Unpublished)
Resentencing; Prejudicial Error | |
| State v. Moss (18-680 - Unpublished)
Assault with a deadly weapon; no duty to retreat provision; trial court's failure to intervene in prosecutor's closing and questions. | |
| State v. Paylor (18-1038 - Unpublished)
Second-degree murder; malice and provocation; lesser-included offenses; jury instructions; failure to instruct; plain error. | |
| State v. Ragland (18-799 - Unpublished)
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| State v. Richardson (18-500 - Unpublished)
Embezzlement; overwhelming evidence; ineffective assistance of counsel. | |
| State v. Ruffin (18-645 - Unpublished)
Ineffective Assistance of Counsel; Undisclosed Issues. | |
| State v. Sanders (18-930 - Unpublished)
Restitution, civil judgments, larceny, breaking and entering | |
| State v. Schricker (18-338 - Unpublished)
closing arguments; trial court intervention ex mero motu ; restitution | |
| State v. Shchetinin (18-236 - Unpublished)
Trafficking heroin; possession of methamphetamine; proposed jury instruction. | |
| State v. Smith (18-122 - Unpublished)
competency; absolute impasse | |
| State v. Smith (18-789 - Unpublished)
Probable Cause; Warrantless Arrest; Staleness; Motion to Suppress | |
| State v. Spikes (18-501 - Unpublished)
discharging a firearm into occupied property; aggravating factor; sentencing | |
| State v. Zimmerman (18-934 - Unpublished)
Civil judgment for attorney's fees; opportunity to be heard. | |
| Tucker Chase, LLC v. Town of Midland (18-847 - Unpublished)
performance guaranties; Board of Adjustment | |
| Tyson v. Bess (18-879 - Unpublished)
Appellate Jurisdiction; Untimely Notice of Appeal; Modification of Child Support; Denial of Rule 60(b) Motion | |
| Wright v. NC Off. of State Hum. Res. (18-276 - Unpublished)
Exempt designtion; N.C. Gen. Stat. Sec. 126-5(g); notice; Statutory interpretation | |
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Filed: 5 March 2019 Mandate: 25 March 2019 Zip File of Published Opinions Case Title / Description | |
| Brown v. Thompson (18-919 - Published)
interlocutory appeal; substantial right; res judicata | |
| Conklin v. Conklin (18-509 - Published)
Attorney's fees, acting in good faith, insufficient means | |
| Crews v. Crews (18-42 - Published)
specific performance, alimony | |
| Donnell-Smith v. McLean (18-613 - Published)
partition in kind; NCGS 46-3; NCGS 46-10; NCGS 46-13; NCGS 46-16; NCGS 46-19(a); NCGS 46-22; division of unequal interests; exception to commissioners' report; abuse of discretion. | |
| Lake v. State Health Plan For Teachers & State Emps. (17-1280 - Published)
State Health Plan retired state employees; partial summary judgment; interlocutory appeal; substantial right; US Const. art. I sec. 10; no impairment of contract; unilateral contract; NC Const. art. I, sec. 19 | |
| Preston v. Movahed (18-674 - Published)
Medical malpractice 9(j) certification; medical expert willing to testify; facially valid 9(j) certificate | |
| State v. Chevallier (18-860 - Published)
A single transfer by sale or delivery of a counterfeit controlled substance is a single offense; admission of hearsay statement under Rule 801(d)(E)'s co-conspirator exception; motions to dismiss for insufficiency of the evidence charges of transfer of a counterfeit controlled substance under the theories of attempted sale and delivery; instruction on actual possession theory of possession of a firearm by a felon. | |
| State v. Cox (18-692 - Published)
Motion to dismiss; Sufficiency of the evidence; Felonious intent; Conspiracy to commit robbery with a dangerous weapon; Felonious breaking or entering; Claim of right defense | |
| State v. Jones (18-176 - Published)
motion to suppress; traffic stop; passenger | |
| State v. Malachi (16-752-2 - Published)
(View Supreme Court Opinion) Reasonable Suspicion, Armed and Dangerous, Stop and Frisk, Motion to Suppress | |
| Stewart v. Shipley (18-745 - Published)
Service of process; estoppel | |
| Unpublished Opinions 5 March 2019 - Rule 30e - Zip File of Unpublished Opinions Mandate: 25 March 2019 | |
| Columbus Cty. D.S.S. ex rel Moore v. Norton (18-642 - Unpublished)
Child custody; civil contempt; arrears; child support; child support guidelines; income; assets; recuse; motion to recuse; recusal; trial judge; impartiality | |
| Dep't of Transp. v. Bloomsbury Est., LLC (18-773 - Unpublished)
NC Condominium Act, NCGS 47C-1-101; DOT condemnation, NCGS 136-108; interlocutory order- substantial right; appellant's burden on appeal; reply brief- NC R. App. P. 28(h); preclusive effect of prior order. | |
| Eisenbrown v. Town of Lake Lure (17-934 - Unpublished)
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| In re: A.G.B. & D.G.B. (18-729 - Unpublished)
Termination of Parental Rights, N.C.G.S. Sec. 7B-111(a)(4), No merit brief | |
| In re: H.N.H. & H.L.H. (18-365 - Unpublished)
Termination of parental rights, N.C.G.S. Sec. 7B-1110, Best interests determination, Required findings of fact | |
| In re: I.L. (18-762 - Unpublished)
termination of parental rights; findings | |
| In re: S.H-K.J.L. & W.L.L. (18-772 - Unpublished)
N.C. Gen. Stt. Sec. 7B-1111(a)(2); Termination of Parental Rights; Reasonable progress; Hearsay | |
| In re: S.S.S. & S.R.S. (18-514 - Unpublished)
| |
| In re: V.O. (18-907 - Unpublished)
Involuntary commitment, waiver of counsel, failure to conduct appropriate colloquy, right to confront witnesses. | |
| Painter v. City of Mt. Holly (18-197 - Unpublished)
Public official immunity; qualified immunity; summary judgment; 42 U.S.C. § 1983 | |
| State v. Altman (18-544 - Unpublished)
Driving while impaired, felony death by vehicle, admissibility of medical records, sufficiency of the evidence, character evidence of a witness, merger of sentences for lesser-included offenses | |
| State v. Bennett (18-606 - Unpublished)
Corroborative Testimony; Admission of Party-Opponent; Prejudicial Error | |
| State v. Berrier (18-453 - Unpublished)
Jury verdict; guilty versus responsible; verdict form; unconstitutional verdicts; sufficiency of judgment | |
| State v. Cooper (18-637 - Unpublished)
Satellite-Based Monitoring; Fourth Amendment; Reasonableness; Required Evidence of Effectiveness | |
| State v. Gaskins (18-970 - Unpublished)
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| State v. Gilbert (18-614 - Unpublished)
Embezzlement of a charitable organization by an officer, NCGS 14-92; jury instructions- plain error; motion to dismiss; intent- mens rea; actus reus; opinion testimony; ineffective assistance of counsel. | |
| State v. Gilliam (18-260 - Unpublished)
Prior Record Level; Stipulation; Mitigating Factor; Aggravating Factor; Notice | |
| State v. Guevara (18-582 - Unpublished)
expert opinion, aggravating factor | |
| State v. Kesler (18-971 - Unpublished)
| |
| State v. Maier (18-771 - Unpublished)
indictments; obtaining property by false pretenses; motion to dismiss | |
| State v. Oglesby (18-277 - Unpublished)
Rule 404(b); Hearsay Rule; Corroborative Evidence; Jury Instruction | |
| State v. Rinehart (18-298 - Unpublished)
Invited Error; Final Closing Argument; Introduce Evidence | |
| State v. Robinson (18-343 - Unpublished)
Search and Seizure; Strip Search; Exigent Circumstances. | |
| State v. Seeman (18-969 - Unpublished)
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| State v. Waycaster (18-247 - Unpublished)
motion to dismiss; counterfeit instruments; attorney's fees | |
| State v. Wynn (18-536 - Unpublished)
general various and specific motions to dismiss, 404(b) evidence | |
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Filed: 19 February 2019 Mandate: 11 March 2019 Zip File of Published Opinions Case Title / Description | |
| Bezzek v. Bezzek (18-761 - Published)
interlocutory | |
| Brodkin v. Novant Health, Inc. (18-805 - Published)
Breach of contract; Hospital termination of physician's employment contract; Contractual right to exercise professional judgment; Wrongful discharge and public policy; Defamation and defense of qualified privilege | |
| Denney v. Wardson Constr., Inc. (18-667 - Published)
Interlocutory Appeal; Substantial Right; Res Judicata; Statement of Grounds for Appellate Review | |
| In re: Aaron's Inc. (18-607 - Published)
rent-to-own; ad valorem taxation; inventory exclusion | |
| In re: George (18-611 - Published)
non-judicial foreclosure sale; trustee as necessary party; Rule 60(b); notice of foreclosure proceeding; good faith purchaser | |
| In re: J.P.S. (18-708 - Published)
involuntary commitment; dangerous to self; dangerous to others; reasonable probability of future harm | |
| In re: Est. of Johnson (18-778 - Published)
Spouse's year's allowance- NCGS 30-15; deficiency in payment; revocation of letters testamentary- NCGS 28-4-1; appeals to superior court; standards of review; de novo hearing; credit against bequest to surviving spouse. | |
| Kennedy v. DeAngelo (18-603 - Published)
Medical malpractice; Rule 9(j); Required fact-finding by trial court; Rule of Evidence 702; Separate specialties in general dentistry, periodontics, and oral surgery | |
| Nanny's Korner Day Care Ctr., Inc. v. NC Dep't of Health & Hum. Servs. (18-679 - Published)
Statute of limitations; Procedural due process; Claim against State agency, DHHS. | |
| State v. Augustin (18-373 - Published)
Motion to suppress, unlawful search and seizure, reasonable suspicion, companion?s actions, backing away | |
| State v. Conley (18-305 - Published)
Sentencing; Double Jeopardy; Rule 2; Statutory Interpretation | |
| State v. Corbett (18-327 - Published)
Statutory rape; Sexual exploitation of a minor; Lascivious Act; Motion to dismiss | |
| State v. Koke (18-662 - Published)
Obtaining property by false pretenses; insurance fraud; plain error review; relevancy; limiting instructions; disclosure on application. | |
| State v. Parks (18-422 - Published)
self-defense instruction; flight instruction | |
| State v. Wright (18-209) - [Withdrawn by order of the Court] notice, aggravating factors, sentencing, IAC | |
| Walker v. K&W Cafeterias (18-429 - Published)
Workers' Compensation; wrongful death; third-party tortfeasor; subrogation lien; jurisdiction- choice of law; In re Civil Penalty. | |
| Unpublished Opinions 19 February 2019 - Rule 30e - Zip File of Unpublished Opinions Mandate: 11 March 2019 | |
| Caldwell Mem'l Hosp., Inc. v. NC Dep't of Health & Hum. Servs. (18-586 - Unpublished)
certificate of need; substantial prejudice | |
| Cannizzaro v. Set in Stone, Inc. (18-594 - Unpublished)
Breach of Contract. | |
| Cheatham v. Town of Taylortown (18-625 - Unpublished)
subject matter jurisdiction; failure to exhaust administrative remedies | |
| Funderburk v. City of Greensboro, NC (18-632 - Unpublished)
SUBJECT MATTER JURISDICTION ADMINISTRATIVE REMEDY QUASI-ESTOPPEL ZONING | |
| Hampton v. NC Dep't of Transp. (18-684 - Unpublished)
Tort Claims Act, negligence; NC Department of Transportation; highway widening; flooding unchallenged findings of fact; proximate cause; duty of care. | |
| In re: A.W. (18-877 - Unpublished)
3.1; no merits brief | |
| In re: D.P., J.P., J.P. (18-857 - Unpublished)
Permanency Planning Order, Neglected and Dependent. | |
| In re: J.E.O. (18-585 - Unpublished)
Willful Abandonment. | |
| In re: K.S. (18-763 - Unpublished)
Permanent plan; elimination of reunification; N.C. Gen. Stat. Sec. 7B-906.2 | |
| In Re: P.R.T. (18-730 - Unpublished)
3.1; neglect; removal; willful abandonment | |
| King v. Pike Elec. (18-440 - Unpublished)
Compromise Settlement Agreement; Enforceable | |
| Nordman v. Nordman (18-405 - Unpublished)
| |
| Robinson v. GGNSC Holdings, LLC (18-706 - Unpublished)
Entry of default, notice, default judgment, medical malpractice, language of the complaint, motion for relief | |
| State v. Brinkley (18-435 - Unpublished)
Motion to Dismiss; Aggravating factor; Aggravated offense; Satellite-based monitoring. | |
| State v. Bryan (18-605 - Unpublished)
probation violation; absconding; notice | |
| State v. Bunkley (18-545 - Unpublished)
plea agreements; petition for a writ of certiorari; clerical error | |
| State v. Everett (18-449 - Unpublished)
Indecent liberties with a child; Rule 404(b) evidence of prior sexual assault; Plain error; Requirements of similarity and temporal proximity; Summary imposition of satellite-based monitoring without evidence | |
| State v. Foster (18-540 - Unpublished)
probable cause; search warrant; confidential informant | |
| State v. Little (18-757 - Unpublished)
larceny from the person; misdemeanor larceny; jury instructions | |
| State v. Logan (18-723 - Unpublished)
Limitation on right to appeal after guilty plea; Challenge to factual basis for plea and sufficiency of evidence; Challenge to prior convictions underlying plea to habitual charges; Sentencing in accordance with plea agreement; Challenge to calculation of prior record level; Appellate jurisdiction for MAR | |
| State v. Renderos (18-590 - Unpublished)
Driving while impaired, portable breath test, relevance, prejudice, unpreserved error, waived plain error review. | |
| State v. Robinson (18-661 - Unpublished)
possession of a firearm by a felon; habitual felon; possession; constructive possession; actual possession; totality of the circumstances; relevance; relevant evidence; Rule 401; Rule 402; prejudicial; domestic violence protective order; DVPO | |
| State v. Sadler (18-812 - Unpublished)
motion to dismiss; driving while impaired; jury instructions | |
| State v. Slade (18-352 - Unpublished)
Forfeiture Final judgment date Relief | |
| State v. Ward (18-369 - Unpublished)
Hearsay; plain error | |
| State v. Wardrett (18-434 - Unpublished)
impartial jury; N.C.R. App. P. 2; expert ballistics testimony; prior conviction under Rule 609(b) | |
| State v. Whitmore (18-798 - Unpublished)
felony death by vehicle; necessity; duress; prior record level | |
| State v. Woods (18-442 - Unpublished)
guilty plea; preservation; Rule 2 | |
| Stathum-Ward v. Wal-Mart Stores, Inc. (18-738 - Unpublished)
jury instructions; spoliation; motion in limine | |
|
Filed: 5 February 2019 Mandate: 25 February 2019 Zip File of Published Opinions Case Title / Description | |
| The Est. of William Belk v. Boise Cascade Wood Prods., L.L.C. (18-542 - Published)
Workers? compensation, jurisdiction, interlocutory, transformation of 12(b)(6) into summary judgment, lent employee doctrine, no genuine issue of fact | |
| In re: B.M.B. (18-428 - Published)
juvenile, mootness, dismissed as moot | |
| Jones v. Jones (18-478 - Published)
entry of default; specific performance | |
| Lamb v. Styles (18-350 - Published)
Professional Negligence; Surveyors; Duty of Care | |
| McLaughlin v. Bailey (18-665 - Published)
60(b)(6), subordinate tribunals may not overrule higher tribunals | |
| Rivera v. Matthews (18-359 - Published)
Abatement; Subject-Matter Jurisdiction; Child Custody; Grandparent Custody/Visitation | |
| Smith v. Rodgers (18-261 - Published)
Equitable distribution Painter Watson Claim | |
| State v. Nixon (18-787 - Published)
Motion for Appropriate Relief; Bill of Information; Waiver of Indictment; Jurisdiction | |
| State v. Shelton (17-1426 - Published)
Motion to dismiss; N.C. Gen. Stat. § 20-138.1(a)(1); N.C. Gen. Stat. § 20-141.4; prescription drugs; driving while impaired; closing argument | |
| State v. Sheridan (18-312 - Published)
Motion to dismiss, sexual offense in a parental role, parent-child relationship, pro se motion for speedy trial, motion for mistrial, satellite-based monitoring determination. | |
| Unpublished Opinions 5 February 2019 - Rule 30e - Zip File of Unpublished Opinions Mandate: 25 February 2019 | |
| Banyan GW, LLC v. Wayne Preparatory Acad. Charter Sch., Inc. (18-378 - Unpublished)
Liquidated damages; illusory contract; unconscionability; condition precedent; charter school | |
| Brunson v. NC Dep't of Justice (18-837 - Unpublished)
Industrial Commission; default; subject matter jurisdiction | |
| Brunson v. NC Dep't of Justice (18-656 - Unpublished)
Industrial Commission; default judgment; subject matter jurisdiction | |
| Foster v. Wells Fargo Bank, N.A. (18-643 - Unpublished)
Appeal from Rule 12(b)(6) dismissal; Appeal from Denial of Rule 60(b)(6) motion; Timeliness of notice of appeal | |
| Hunt v. Collinsworth (18-301 - Unpublished)
Res Judicata; Name Change. | |
| In re: C.S. (18-439 - Unpublished)
juvenile, mootness, dismissed as moot | |
| In re: G.G.K. & C.R.K. (18-640 - Unpublished)
Case description: termination; parental rights; willfulness; abandonment; foster care; sex offender; substance abuse | |
| In re: I.C. (18-869 - Unpublished)
permanency planning order; notice of appeal | |
| In Re: J.P.N. (18-622 - Unpublished)
adjudication of neglect | |
| In re: N.A.C. (18-721 - Unpublished)
no-merit brief, termination, parental rights | |
| In re: N.L.C. (18-669 - Unpublished)
termination of parental rights; best interest of the child | |
| In Re: S.M. (18-759 - Unpublished)
Child custody, verification of each guardian, reunification, competent evidence | |
| Int'l Prop. Dev., LLC v. K Constr. & Roofing, LLC (17-509-2 - Unpublished)
Denial of motion for summary judgment; damages award; claim of lien upon funds; equitable lien; constructive trust | |
| Lloyd v. Bailey (18-666 - Unpublished)
Rule 60(b)(6), subordinate tribunals may not overrule higher tribunals | |
| Morgan v. Defeo (18-322 - Unpublished)
Domestic Violence Protective Order. | |
| Sanghrajka v. Fam. Fare, LLC (18-164 - Unpublished)
motion to dismiss; contract; continuing wrong doctrine; UDTP claim | |
| State v. Bros. (18-177 - Unpublished)
Anders Brief; Clerical Error on Judgment Form; Possession of a Firearm by a Felon | |
| State v. Brown (18-279 - Unpublished)
Turner Statute of Limitations Driving while impaired | |
| State v. Clark (18-291 - Unpublished)
Superior Court Jurisdiction to Hear Misdemeanor Charges in First Instance; Sufficiency of Record to Establish Subject Matter Jurisdiction of Trial Court; Jurisdictional Defect in Appellate Record Where Presentment Not Included in Record | |
| State v. Clawson (18-57 - Unpublished)
Ineffective Assistance of Counsel | |
| State v. Davis (18-471 - Unpublished)
Anders Kinch Written argument | |
| State v. Dotson (18-443 - Unpublished)
Anders Kinch Written argument | |
| State v. Forte (17-669-2 - Unpublished)
Sufficiency of Habitual felon indictment. | |
| State v. Fowler (16-947-2 - Unpublished)
Jury Instructions; Expert Testimony. | |
| State v. Johnson (18-556 - Unpublished)
speeding to elude arrest; habitual felon; restitution | |
| State v. Kingsberry (18-226 - Unpublished)
Ex Mero Motu; Invited Error; Acting in Concert | |
| State v. Lamberth (18-370 - Unpublished)
Indictment Jurisdiction Communicating threats Insufficiency of the evidence | |
| State v. Latham (17-1075 - Unpublished)
Hearsay; Rule 403; Vouching of victim credibility | |
| State v. Lloyd (18-53 - Unpublished)
Sentencing | |
| State v. McKoy (18-564 - Unpublished)
DWI; habitual felon; Anders; guilty plea | |
| State v. Morgan (18-575 - Unpublished)
Analogue Ethylone Controlled substance Insufficient evidence Continuance | |
| State v. Narron (18-193 - Unpublished)
admissibility of evidence; plain error | |
| State v. Otto (18-574 - Unpublished)
Ineffective Assistance of Counsel Claim; Untimely Motion to Suppress | |
| State v. Sanders (18-476 - Unpublished)
Motion to Dismiss; Sufficiency of the Evidence; Drug Trafficking | |
| State v. Spencer (18-304 - Unpublished)
Case description: attempted rape; assault; strangulation; prior bad acts; testimony; evidence; 404(b); character evidence; unduly prejudicial; prejudicial error; 403 | |
| State v. Swafford (18-324 - Unpublished)
Satellite-based monitoring; Ineffective assistance of counsel | |
| State v. Thompson (18-423 - Unpublished)
Possession of a firearm by a felon; constructive possession; IAC; appeal dismissed | |
| State v. Tyson (18-459 - Unpublished)
Civil Judgment for Court-Appointed Counsel Fees; Notice and Opportunity to be Heard; Imposition of Court Costs and Fees; Restitution | |
| State v. White (18-401 - Unpublished)
Notice of appeal Civil judgment Jurisdiction | |
| Summit De Corp. v. Kweider Bros. Inc. (18-353 - Unpublished)
Enforcing Mediated Settlement Agreement. | |
| Teague & Glover, P.A. v. Kane & Silverman, P.C. (17-727 - Unpublished)
personal jurisdiction; contract; court costs; prejudgment interest | |
| Turnmire v. Eldreth (17-960 - Unpublished)
| |
| Walz v. Walz (18-240 - Unpublished)
custody order; subject matter jurisdiction; UCCJEA | |
| Young v. Bailey (18-664 - Unpublished)
Rule 60(b)(6), subordinate tribunals may not overrule higher tribunals | |
|
Filed: 15 January 2019 Mandate: 4 February 2019 Zip File of Published Opinions Case Title / Description | |
| Dill v. Loiseau (18-361 - Published)
Declaratory Judgment; Restrictive covenants; General scheme of development; Radical changes to covenanted area; Waiver of right to enforce covenants | |
| In re: E.M. (18-685 - Published)
juvenile delinquency; mandatory referral to area mental health services director when trial court presented with evidence that juvenile is mentally ill | |
| In re: I.R.L. (18-427 - Published)
Parental rights; termination; domestic violence; DVPO; abandonment; willfulness; child support; notice | |
| Jackson v. Don Johnson Forestry, Inc. (18-354 - Published)
Wills, property rights, life estate, remaindermen, timber rights, trover, indemnity | |
| Marlin Leasing Corp. v. Essa (18-610 - Published)
Full Faith and Credit; service of process; default judgment; foreign jurisdiction | |
| State v. Casey (18-269 - Published)
Vouching; Credibility; Invited Error; Ineffective Assistance of Counsel; Motion for Appropriate Relief; Cross-Examination; Sexual Abuse; Expert; Trial Counsel; Appellate Counsel | |
| State v. Gonzalez (18-228 - Published)
Conflicting Court of Appeals Precedent; In re Civil Penalty; Authority of Court of Appeals Panels to Overrule Earlier Panel Decisions | |
| State v. Hinton (18-530 - Published)
aggravated sentencing; aggravating factor; Blakely v. Washington; harmless error | |
| State v. Juene (18-526 - Published)
Robbery; Robbery with a Dangerous Weapon; Motion to Suppress; Pre-trial Identification; Show-up; Sixth Amendment; Impermissibly Suggestive | |
| State v. Mayo (18-331 - Published)
guilty plea; Anders brief; civil judgment for attorney's fees and costs | |
| State v. Smith (18-518 - Published)
First-degree capital murder; premeditation and deliberation; felony murder; jury instructions on informant's testimony; acting in concert; Rules of Evidence, 401, 402 and 403. | |
| State v. Wilson (18-550 - Published)
motion to dismiss; disseminating obscene material to a minor; unanimous jury verdict; indecent liberties; first-degree statutory rape of a child; reconsideration of decision not to testify | |
| Walsh v. Jones (18-496 - Published)
custody modification, visitation | |
| Unpublished Opinions 15 January 2019 - Rule 30e - Zip File of Unpublished Opinions Mandate: 4 February 2019 | |
| D.A.N. Joint Venture Props. Of NC, LLC v. N.C. Grange Mut. Ins. Co. (18-265 - Unpublished)
| |
| Dingeman v. Mission Health Sys., Inc. (18-634 - Unpublished)
Industrial Commission; workers compensation; Parsons presumption; compensability; burden of proof | |
| Gray v. NC Dep't of Pub. Safety (18-446 - Unpublished)
Sex discrimination; hostile work environment; office of administrative hearings; judicial notice; just cause; subject matter jurisdiction; administrative remedies; ?whole record? test | |
| Hughes v. Drohan (18-399 - Unpublished)
child support, change of circumstances, income, expenses | |
| In re: A.H. (18-624 - Unpublished)
Parental rights, termination, neglect, willfulness, reasonable progress, visitation, best interest of the child | |
| In re: C.L.R. & Z.N.R. (18-314 - Unpublished)
termination of parental rights | |
| In re: N.J.M.G. (18-715 - Unpublished)
termination of parental rights; neglected juvenile | |
| In re: S.M.M. (18-561 - Unpublished)
termination of parental rights; neglected juvenile | |
| In re: T.O., Jr., K.D-D., T.O. (18-596 - Unpublished)
termination of parental rights, no merit brief, Rule 3.1(e) | |
| Rolls v. Just Stumps, Inc. (17-1322 - Unpublished)
Workers' Compensation | |
| State v. Aguilh (18-310 - Unpublished)
Preservation; Plain Error; Motions to Suppress; N.C. Gen. Stat § 15A-975(c) | |
| State v. Baker (17-1354 - Unpublished)
Anders | |
| State v. Blue (18-677 - Unpublished)
sufficiency of the evidence; assault upon a law enforcement agency animal; N.C.R. App. P. 2; jury instruction; plain error | |
| State v. Bova (18-413 - Unpublished)
Sentencing; aggravating Factors; Stipulation | |
| State v. Burney (18-455 - Unpublished)
Collateral Attack; IAC; Motion to Dismiss. | |
| State v. Dinkins (18-138 - Unpublished)
Rule 404(b) | |
| State v. Disorda (18-620 - Unpublished)
Solicitation by Computer; Appearing at a Location; Entrapment; Motion to Dismiss; Rule 2; Jury Instruction; Confession; Closing Argument; ex mero motu; Clerical Error | |
| State v. Ford (18-535 - Unpublished)
Motion to Dismiss; Preservation; Rule 10. | |
| State v. Gibson (18-454 - Unpublished)
appellate jurisdiction; untimely notice of appeal; writ of certiorari; admission of a videotape as substantive/illustrative evidence; preservation of alleged errors by trial court; imposition of civil judgment for attorney's fees without notice and opportunity to be heard | |
| State v. Gomez (18-144 - Unpublished)
Second Degree Forcible Rape; Penetration. | |
| State v. Hopper (18-558 - Unpublished)
Constructive Possession. | |
| State v. Hughes (18-631 - Unpublished)
Plain Error. | |
| State v. Hugo (18-342 - Unpublished)
Burglary; Conspiracy; Sufficiency of Evidence of Intent Element of First Degree Burglary; Right to Appeal from Arrested Judgment | |
| State v. Kawelo (18-316 - Unpublished)
plea agreements; N.C. Gen. Stat. § 14-202.5 | |
| State v. Mills (18-315 - Unpublished)
Constructive Possession; Exclusive Control. | |
| State v. Mitchell (18-333 - Unpublished)
Murder; Conspiracy to Commit Murder; Testimony Regarding Defendant's Silence; Ineffective Assistance of Counsel; Sufficiency of Evidence to Support Multiple Counts of Conspiracy | |
| State v. Mooney (18-368 - Unpublished)
Cross-examination; preserved; objection; prior bad acts; plain error; impeachment; ?open the door? | |
| State v. Morales (18-539 - Unpublished)
motion to suppress; Miranda warnings; interrogation; voluntary statements | |
| State v. Reynolds (18-445 - Unpublished)
Anders; Remand Instructions. | |
| State v. Richardson (17-1313 - Unpublished)
Use of Threat; Use of Deadly Weapon. | |
| State v. Ryckeley (18-139 - Unpublished)
Possession of a Firearm. | |
| State v. Sinclair (18-293 - Unpublished)
Plain Error; Jury Instructions. | |
| State v. Smith (18-421 - Unpublished)
Motion to suppress, fruit of the poisonous tree, inevitable discovery, plain view, motion to dismiss, constructive possession | |
| State v. Terrell (18-237 - Unpublished)
Motion to suppress; Driving while impaired; Probable cause; De facto arrest; Conflict between oral and written orders of trial court | |
| State v. W. (18-242 - Unpublished)
Guilty Plea; Petition for Writ of Certiorari | |
| State v. Waddell (18-219 - Unpublished)
| |
| State v. Weaver (18-740 - Unpublished)
SBM; juror communication | |
| Swanson v. Enloe (18-617 - Unpublished)
Rules of Appellate Procedure; Rule 3; Notice of Appeal | |
| Veer Right Mgmt. Grp., Inc. v. Czarnowski Display Serv., Inc. (18-420 - Unpublished)
Complex business case with claims for breach of fiduciary duty, aiding and abetting breach of fiduciary duty, civil conspiracy, tortious interference with employment contract; unfair and deceptive trade practices; and adverse inference. | |
| Welch v. R&M Charlotte LLC (17-649 - Unpublished)
contract; contract interpretation | |
|
Filed: 2 January 2019 Mandate: 22 January 2019 Zip File of Published Opinions Case Title / Description | |
| Meinck v. City of Gastonia (16-892-2 - Published)
(View Supreme Court Opinion) Governmental injury; waiver-insurance; ambiguous terms; summary judgment; general liability policy | |
| NC Farm Bureau Mut. Ins. Co., Inc. v. Cox (18-225 - Published)
Liability insurance; Duty to Defend; Proximate Cause; Bodily Injury | |
| Propst Bros. Dists., Inc. v. Shree Kamnath Corp. (18-519 - Published)
Restrictive Covenant; Negative Covenant; Affirmative Covenant; Real Property; Deeds; Ambiguity | |
| Unpublished Opinions 2 January 2019 - Rule 30e - Zip File of Unpublished Opinions Mandate: 22 January 2019 | |
| Bordini v. Donald J. Trump For President, Inc. (18-409 - Unpublished)
Vicarious liability, independent contractor, negligent retention, actual and constructive notice, summary judgment | |