Court of Appeals Opinions
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Filed: 21 January 2020 Mandate: 10 February 2020 Zip File of Published Opinions Case Title / Description | |
| Common Cause v. Forest (18-870 - Published)
Swiftly enacted state legislation; constitutional challenge; meaning of Right to Instruct Clause | |
| Hampton v. Hearn (19-378 - Published)
medical malpractice; proximate cause; intervening negligence | |
| In re: H.D.H. (19-490 - Published)
Probation, Extension, Written Findings | |
| Lawrence v. Lawrence (19-668 - Published)
Petition to partition; reimbursement to co-tenant; statutes of limitations: NCGS 1-52(1) and NCGS 1-56; burden on summary judgment; presumption of validity of marriage; laches as an affirmative defense, NCGS 1A-1, Rule 8(c). | |
| Maness v. The Vill. of Pinehurst (19-157 - Published)
Unemployment benefits; ambiguous employee statements or actions; statutory meaning of left work | |
| State v. Campbell (18-998 - Published)
sufficiency of evidence for appellate review - motion to dismiss appeal; racial discrimination in use of peremptory challenges in jury selection - prima facie claim - Batson v Kentucky | |
| State v. Jones (19-281 - Published)
probation revocation; probationer's right to confrontation at revocation hearing | |
| State v. Meader (19-554 - Published)
Voluntary Intoxication, Jury Instruction | |
| State v. Scott (19-250 - Published)
Second-degree murder; NCGS 8-53; NCGS 90-21.20B(a1); malice; excessive speed; reckless driving. | |
| Unpublished Opinions 21 January 2020 - Rule 30e - Zip File of Unpublished Opinions Mandate: 10 February 2020 | |
| Anton v. Anton (19-549 - Unpublished)
will caveat; undue influence; interlocutory order does not affect substantial right; risk of inconsistent verdicts | |
| Berens v. Berens (19-306 - Unpublished)
child support; post-separation support; alimony; attorneys? fees; imputed income | |
| Clark v. US Airways, Inc. (19-707 - Unpublished)
Temporary total disability; change in conditions; attorney's fees; NCGS 97-88; bad faith. | |
| In re J.N.I., Jr., J.N.I., T.I.I. (19-86 - Unpublished)
Termination of Parental Rights; Ineffective Assistance of Counsel. | |
| In re VT (19-297 - Unpublished)
Visitation; Guardianship; Permanency planning order; Insufficient findings of fact. | |
| In re X.E.R.. (19-233 - Unpublished)
termination of parental rights, likelihood of adoption | |
| In re: Rieger (19-304 - Unpublished)
Guardian of the Estate Chapter 35A Transfer of venue | |
| In re: Z.S.B. (18-1105 - Unpublished)
Termination of parental rights, findings of fact | |
| Lee v. Allen (19-265 - Unpublished)
child and spousal support; means to defray expense of defense; findings required for attorney's fee award; necessity of findings regarding litigant's assets or debts | |
| Paez v. Paez (18-1206 - Unpublished)
Separation agreement; Specific performance; Credit | |
| State v. Clyde (19-82 - Unpublished)
Second-degree murder; plain error; hearsay; improper closing argument; IAC; prior consistent statement; defendant's statments after Miranda waiver. | |
| State v. Davis (19-280 - Unpublished)
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| State v. Hall (18-1290 - Unpublished)
Flight instruction; Lesser included offense; Voluntary manslaughter. | |
| State v. Horne (19-249 - Unpublished)
Felony child abuse | |
| State v. Phifer (19-541 - Unpublished)
Illegal sentence; sentence after remand; NCGS 15A-1335. | |
| State v. Shell (19-146 - Unpublished)
possession with intent to sell or distribute methamphetamine; motion to suppress; consent to search; search and seizure | |
| State v. Thomas (19-399 - Unpublished)
bench trial; confrontation rights; second-degree burglary; sufficiency of the evidence | |
| State v. Washington (19-547 - Unpublished)
felony identity theft; name and date of birth; identifying information; In re Civil Penalty | |
| Wrubluski v. Wrubluski (19-467 - Unpublished)
child support; post-separation support; attorneys? fees; parenting agreement; child support arrearages | |
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Filed: 7 January 2020 Mandate: 27 January 2020 Zip File of Published Opinions Case Title / Description | |
| Akshar Distribution Co. v. Smoky's Mart, Inc. (19-316 - Published)
Default judgment as Rule 37 discovery sanction; Rule 59 motion tolled period to notice appeal; argument to reverse default judgment unpreserved; retirement of trial judge rendered Rule 59 motion unreviewable below; Rule 59 motion denied | |
| Brown v. Fayetteville State Univ. (19-13 - Published)
Career State employee; After-acquired-evidence doctrine (McKennon rule); Procedural due process requirements. | |
| Causey v. Cannon Sur., LLC (19-27 - Published)
void confession of judgment; confession of judgment violated seizure order; N.C. Captive Insurance Act; judicial estoppel | |
| Copeland v. Amward Homes Of N.C., Inc. (18-1021 - Published)
Negligence; Construction Equipment Roll-Away; Liability of Real Estate Developer; Theories of Legal Duty | |
| Deanes v. Deanes (19-120 - Published)
Child custody modification; Child support modification; Civil contempt | |
| Deminski v. The State Bd. Of Educ. (18-988 - Published)
Constitutional right to Education, Leandro, DOT v. Charlotte-Mecklenburg Board of Education | |
| Gen. Fid. Ins. Co. v. WFT, Inc. (18-1103 - Published)
corporate fraud; fraudulent transfer; piercing the corporate veil; unfair and deceptive trade practices | |
| Griffin v. Absolute Fire Control (19-461 - Published)
workers compensation; disability and suitability of substitute employment; makework | |
| In re: Harper (19-326 - Published)
standard of review; estate proceedings; special proceedings | |
| In re: Harper (19-327 - Published)
standard of review; estate proceedings; special proceedings | |
| In re: Lowe's Home Ctrs., LLC (19-125 - Published)
Property Tax; Revaluation; Misapplication | |
| In re: S.C. (19-333 - Published)
Protection of the Abused, Neglected, or Exploited Disabled Adult Act; petition for protective services; petition contents required | |
| Myers v. Myers (18-1210 - Published)
Expert Testimony, NC Rule of Civil Procedure 26, Alimony | |
| Nanny's Korner Day Care Ctr., Inc. v. NC Dep't of Health & Hum. Servs. (19-416 - Published)
exhaustion of administrative remedies; Tort Claims Act; statute of limitations | |
| Paynich v. Vestal (19-185 - Published)
child custody modification order; access to child's medical, school, and counseling records; supervised visitation in best interest of child | |
| State of NC v. Wasco, LLC (19-355 - Published)
res judicata; law of the case; impossibility of compliance with injunction; failure to join necessary party; untimely appeal from motion for reconsideration | |
| State v. Braswell (19-434 - Published)
sufficiency of prior record level evidence; discretionary writs; certiorari | |
| State v. Carter (19-44 - Published)
identity theft; motion to dismiss for insufficient evidence; jury instruction on false, contradictory, or conflicting statements | |
| State v. Crane (19-369 - Published)
driving while impaired; invited error | |
| State v. Hoque (19-134 - Published)
motion to dismiss for insufficient evidence; driving while impaired; resisting a public officer; possession of open container while driving; motion to suppress blood test results; officers' use of force during blood draw; body-camera recordings | |
| State v. Schalow (19-215 - Published)
Third prosecution arising out of same alleged conduct; presumption of prosecutorial vindictiveness; joinable offenses; dismissal required | |
| Unpublished Opinions 7 January 2020 - Rule 30e - Zip File of Unpublished Opinions Mandate: 27 January 2020 | |
| Chappell v. Chappell (19-11 - Unpublished)
divorce; equitable distribution; classification; valuation | |
| Clement v. Cumberland Cty. (19-414 - Unpublished)
Zoning Ordinance, Bona Fide Farm Exception, Administrative Remedies | |
| Conde v. Jessup (19-16 - Unpublished)
DMV; implied-consent offense; reasonable grounds | |
| Crop Prod. Servs., Inc. v. Pearson (19-260 - Unpublished)
Breach of warranty; negligent misrepresentation; summary judgment; expert opinion | |
| In Re D.B. (19-387 - Unpublished)
involuntary commitment; dangerous to self; serious physical debilitation | |
| In re: A.D.S. (19-258 - Unpublished)
injury to real property; juvenile delinquent adjudication; motion to dismiss for insufficient evidence | |
| In re: Hazelwood (19-121 - Unpublished)
Jurisdiction, Indictment | |
| In re: K.A. (19-455 - Unpublished)
Juvenile, Adjudication, Right to Cross-examine | |
| Kanish, Inc. v. Taylor (19-482 - Unpublished)
Revocation and purchase contract; no acceptance by buyer; electronic signature statute, NCGS 66-315; jury's verdict; entry of default; jury instruction. | |
| Leftwich v. Morris (19-656 - Unpublished)
Interlocutory appeal; compulsory counterclaim; motion to amend; substantial right. | |
| Martin v. Irwin (19-559 - Unpublished)
personal jurisdiction; N.C.R. Civ. P. 60(b)(4); N.C.R. Civ. P. 4(j); insufficient service of process and personal jurisdiction | |
| Sikes v. Farrell (19-238 - Unpublished)
Medical Malpractice; Rule 9(j); Rule 12(b)(6); North Carolina Rules of Civil Procedure; Rule 41; voluntary dismissal; Rule 15; relation back; motion to amend complaint; statute of limitations; Rule 702; North Carolina Rules of Evidence negligence; standard of care; review by expert | |
| State v. Collier (19-174 - Unpublished)
second-degree murder jury instruction; sentencing classification | |
| State v. Curlee (19-451 - Unpublished)
Plain error, voluntary intoxication, malicious conduct by a prisoner | |
| State v. Davis (19-227 - Unpublished)
Harmless beyond a reasonable doubt Closing argument Improper Grossly improper | |
| State v. Garcia (19-360 - Unpublished)
ineffective assistance of counsel; absence of request for limiting instruction on use of 404(b) evidence; motion for appropriate relief | |
| State v. Hernandez-Gonzalez (19-448 - Unpublished)
NCGS § 7A-271, 272; NCGS § 15A-641(c); original jurisdiction of superior court to hear misdemeanor by presentment | |
| State v. Herring (19-221 - Unpublished)
Attempted firs-degree murder; prior corroboratory statements; Rule 404(b); contents of cell phone browsing history; sufficiency of indictment. | |
| State v. Hewitt (19-382 - Unpublished)
expert opinion of identity of controlled substance; plain error admitting expert testimony; clerical error in judgment | |
| State v. Jones (19-14 - Unpublished)
motion to dismiss, trafficking by possession, trafficking by transportation | |
| State v. Litaker (19-189 - Unpublished)
Motion to Dismiss, Causal Nexus, Possession of Firearm by Felon | |
| State v. Littlejohn (19-347 - Unpublished)
Dismissal; Preservation; Fatal Variance; Ineffective Assistance of Counsel | |
| State v. Locklear (19-487 - Unpublished)
injury to personal property; indictments; facial validity of indictments; fatal variance between indictment and evidence; sufficiency of factual basis for guilty plea | |
| State v. Lofton (17-716-2 - Unpublished)
motion to dismiss, sufficiency of the evidence, attempt to manufacture controlled substance | |
| State v. Martin (19-130 - Unpublished)
Court costs; Civil Judgment; Incomplete record | |
| State v. McCord (19-517 - Unpublished)
probation violation; sufficiency of grounds for revocation of probation; clerical error in judgment | |
| State v. Midgette (19-463 - Unpublished)
First-degree murder; felony murder; robbery with a dangerous weapon; motion to dismiss; limitation of cross-examination; Confrontation Clause, Rule 404(b); plain error review. | |
| State v. Mize (19-161 - Unpublished)
statutory rape; jury instruction on impeachment or corroboration by prior statement; no prejudicial error | |
| State v. Moore (19-301 - Unpublished)
Sale or Delivery of Marijuana; Arresting Judgment; Prior Record Level Stipulation | |
| State v. Moore (19-183 - Unpublished)
sentencing; remand | |
| State v. Myers (19-173 - Unpublished)
Carrying A Concealed Gun; Motion to Dismiss; Insufficiency of the Evidence; Operability; Jury Instruction; Plain Error | |
| State v. Patrick (19-571 - Unpublished)
legality of search of probationer; motion to suppress | |
| State v. Phoeun (19-190 - Unpublished)
custodial interrogation; Miranda warnings; motion to suppress | |
| State v. Simmons (19-519 - Unpublished)
Evidence, Mistrial, Prejudice, Improper Comment, Self Defense, Aggressor Doctrine | |
| State v. Webster (19-257 - Unpublished)
dismissing and replacing juror after jury has been empaneled; NCGS § 15A-1215(a); lay witness opinion testimony under Rule of Evidence 701 | |
| State v. Wheeler (18-1272 - Unpublished)
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| State v. Whitmire (19-550 - Unpublished)
absconded from probation; NCGS ? 15A-1343(b)(3a) | |
| State v. Williams (18-1130 - Unpublished)
willful violation of conditions of probation, aggravating factor, N.C.G.S. 15A-1022.1 | |
| Steele-Correll v. Price (19-551 - Unpublished)
N.C.R. Civ. P 60(b)(4), 4(j), (j2); abuse of discretion; default judgment; service of process; motion for relief from judgment | |
| Summit & Crowne Capital Partners, LLC v. Korth Direct Mortg., LLC (19-413 - Unpublished)
Motion to Dismiss; Personal Jurisdiction; Loan broker commission; interlocutory order; substantial right; affidavits; opposing affidavits; verified pleading; parent company; alter ego; minimum contacts; contract formation; contractual relationship | |
| The Tr. For Tradewinds Airlines, Inc. v. Soros Fund Mgmt. LLC (19-356 - Unpublished)
Subject matter jurisdiction; contacts with state; piercing corporate veil; agency; default judgment; motions to dismiss | |