Court of Appeals Opinions

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Filed: 21 March 2023
Mandate: 10 April 2023
Zip File of Published Opinions

Case Title / Description
D&B Marine, LLC v. AIG Prop. Cas. Co.  (22-546 - Published)   Author: Judge Allison Riggs
Rule 15; Jury Instructions; Summary Judgment; Calloway Rule
In re: C.T.T.  (22-585 - Published)   Author: Judge Allison Riggs
Termination of Parental Rights; N.C.Gen.Stat. 7B-1106(b)(4); Summons; Notice; Service of Process; Provisional Counsel Listed.
In re: S.I.D.-M.  (22-503 - Published)   Author: Judge Donna Stroud
Termination of parental rights, abandonment, N.C. Gen. Stat. 7B-1111(a)(7)
In re: A.W.  (22-489 - Published)   Author: Judge Allegra Collins
clear, cogent, and convincing evidence to support trial court's findings concerning neglect, dependency, and prior involuntary termination of parental rights; Father continues to deny his role in domestic violence, demonstrates difficulty regulating his emotions, and uses alcohol and marijuana contrary to recommendations
In re: K.M.C. & M.C.C.  (22-573 - Published)   Author: Judge John Tyson
Termination of Parental Rights; N.C. Gen. Stat. § 7B-1111(a)(2); Lack of Reasonable Progress; Substance Abuse; Collateral Estoppel; Failure to Preserve; Waiver
Sturdivant v. N.C. Dep't of Pub. Safety  (22-421 - Published)   Author: Judge Chris Dillon
workers' compensation, temporary total disability benefits, extended benefits
State v. Jones  (22-151 - Published)   Author: Judge Donna Stroud
Rule of Evidence 404(b), prior acts, similarity; Rule of Evidence 403, authentication
Unpublished Opinions
21 March 2023  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 10 April 2023 

Apollo Medflight, LLC v. Laqueta Nelson . (22-695 - Unpublished)   Author: Judge Valerie Zachary
motion to dismiss; medical lien; question of fact
Becky Ann Chappell v. John Daniel Chappell (22-607 - Unpublished)   Author: Judge Valerie Zachary
appellate jurisdiction; Rule 59(e); equitable distribution; findings of fact; accrual of post-judgment interest
Deutsche Bank Nat'l Tr. Co., as Tr.ee for Soundview Home Loan Tr. 2006-EQ1 Asset-Back (22-661 - Unpublished)   Author: Judge Allison Riggs
Declaratory Judgment; Partial Summary Judgment; Appellate Jurisdiction; Interlocutory Appeals
Hedgepeths v. Smoky Mountain Country Club Prop. Owners Ass'n, Inc.. (22-773 - Unpublished)   Author: Judge Fred Gore
Dismissal; N.C.R. App. P. 3; timeliness of appeal
In re A.D., B.D. (22-246 - Unpublished)   Author: Per Curiam
termination of parental rights; neglected juvenile; probability of future neglect
In re E.M. (22-334 - Unpublished)   Author: Judge John Arrowood
termination of parental rights; no-merit brief; neglected juvenile
In re EGR, Jr & KIR (22-602 - Unpublished)   Author: Judge April Wood
Termination of parental rights; willful failure to make reasonable progress; best interests of the child; mental health; poverty; special needs; failure to thrive; failure to make adequate progress; N.C. Gen. Stat. § 7B-1111(a); N.C. Gen. Stat. § 7B-1110.
In re T.P., M.P., M.P., T.P. (22-532 - Unpublished)   Author: Judge Tobias Hampson
N.C. Gen. Stat. § 7B-1111(a)(8), Unchallenged Findings of Fact, Murder or Voluntary Manslaughter of the other parent of the child.
IN RE: A.L.O., A.B.O. (22-482 - Unpublished)   Author: Judge Chris Dillon
termination of parental rights, failure to make reasonable progress, case plan
Melba Smith v. Troy Greenwald (22-860 - Unpublished)   Author: Judge Julee Flood
dismiss; rules of appellate procedure; record; motion for summary judgment.
Oakridge 58 Investors v. Durhill (22-772 - Unpublished)   Author: Judge Allison Riggs
Mutual Mistake, Involuntary Dismissal, Attorney Fees
State of N. Carolina v. Angel Marie Sawyer (22-397 - Unpublished)   Author: Judge John Arrowood
Acting in concert; first-degree murder; conspiracy to commit first-degree murder.
State of N. Carolina v. Tiffany Adonnis Campbell (22-634 - Unpublished)   Author: Judge Jeff Carpenter
Rules of Evidence 608, 611, and 701; subject-matter jurisdiction.
State v. Antonio Purcell (22-600 - Unpublished)   Author: Judge Valerie Zachary
conspiracy to commit robbery with a dangerous weapon; jury instruction; fatal variance; unanimous verdict; felony murder; sentencing
State v. Colin Brent Jones Jr (22-712 - Unpublished)   Author: Judge John Arrowood
Ineffective assistance of counsel; lesser-included offense
State v. Daryl Lamont Jones (22-723 - Unpublished)   Author: Judge Fred Gore
N.C. Gen. Stat. § 15A-1344(f)(3); revocation of probation; clerical errors on the written judgment
State v. Johnny Ray Izard (22-312 - Unpublished)   Author: Judge Chris Dillon
second degree forcible sex offense, crime against nature, jury instruction
State v. Madrid (22-757 - Unpublished)   Author: Judge April Wood
Surety, bond, bond forfeiture, bond forfeiture relief, N.C. Gen. Stat. § 544.8, inconvenience to the state and courts, assumption of risk, immigration detainer, extraordinary circumstances, extraordinary cause.
State v. Rose (22-619 - Unpublished)   Author: Judge April Wood
Reckless driving-wanton disregard; N.C. Gen. Stat. § 20-140(a); motion to dismiss; safety statute.
State v. Smith (22-307 - Unpublished)   Author: Judge Tobias Hampson
Batson challenge; proof of purposeful discrimination
State v. Timothy Dewayne Connor (22-424 - Unpublished)   Author: Judge Tobias Hampson
aggravating factors, position of trust or confidence, material witness order
Vernon Pugh v. Magda Pugh (21-652 - Unpublished)   Author: Judge Donna Stroud
Alimony, equitable distribution, attorney's fees
Wesley Donati v. Holly Donati (22-635 - Unpublished)   Author: Judge Jeff Carpenter
Equitable distribution judgment; N.C. Gen. Stat. 50-20(c) factors; unequal distribution is equitable; N.C. Gen. Stat. § 50-20(e); in-kind property distribution is practical and equitable; source of funds theory; no evidence tending to show tracing of separate property.
Williams v. Maryfield, Inc. (22-785 - Unpublished)   Author: Judge John Arrowood
Medical malpractice; Rule 9(j); Motion to amend

Filed: 7 March 2023
Mandate: 27 March 2023
Zip File of Published Opinions

Case Title / Description
Aman v. Nicholson  (22-15 - Published)   Author: Judge Donna Stroud
Rule 11(c), Child Custody, Expert Witnesses, Rule 26
Limerick v. Rojo-Limerick  (22-568 - Published)   Author: Judge Tobias Hampson
attorney's fees; N.C. Gen. Stat. § 50-13.6; child support
Pope v. Davidson Cnty.  (22-466 - Published)   Author: Judge John Arrowood
Special use permit; NCGS 160D-1402; PWC.
State v. Norman  (22-812 - Published)   Author: Judge John Tyson
Prostitution; Human trafficking an adult victim; N.C. Gen. Stat. 14.43.11(A); Consecutive sentences; Culpability of victim; Prosecutorial discretion;
State v. Hammond  (22-715 - Published)   Author: Judge Allison Riggs
Notice of Appeal; Petition for Writ of Certiorari; Jury Instruction; Guilty Knowledge; Drug Offense
State v. Buchanan  (22-663 - Published)   Author: Judge Michael Stading
Unduly prejudicial, unfair prejudice, probative value, Rule 403, probative evidence, character evidence, motion to exclude, prior bad acts.
State v. Christian  (22-299 - Published)   Author: Judge April Wood
Trafficking Methamphetamine; trafficking by possession; trafficking by transporting; acting in concert; actual distance from the scene is not determinative of constructive presence.
State v. Morris  (22-3 - Published)   Author: Judge Donna Stroud
eyewitness identification, due process, EIRA, controlled substance sentencing
State v. Wilkinson  (22-563 - Published)   Author: Judge Jefferson Griffin
Solicitation of child by computer, motion to dismiss, sufficient evidence.
Unpublished Opinions
7 March 2023  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 27 March 2023 

Danielle Wheeler v. (22-570 - Unpublished)   Author: Judge Fred Gore
negligence, breach of duty, res ipsa loquitor
France v. N.C. Dep't of Pub. Safety (22-707 - Unpublished)   Author: Judge Julee Flood
affirm; negligence; tort claims act; intentional acts; North Carolina Department of Public Safety; pro se appellant; personal injury; medical providers; prison
In re D.K. and H.K. (22-413 - Unpublished)   Author: Judge Jeff Carpenter
Rule 3.1; TPR; unchallenged findings of fact; willful failure to make reasonable progress; neglect
In re E.D.N. and D.A.N. (22-603 - Unpublished)   Author: Judge John Arrowood
termination of parental rights; no-merit brief; best interest of the child
In re K.M.K. (22-490 - Unpublished)   Author: Judge Allegra Collins
termination of parental rights; N.C. Gen. Stat. 7B-1111(a)(1); neglect
Justin Emmanuel Elliott v. EDSI and Cape Fear Aviation. (22-539 - Unpublished)   Author: Judge Julee Flood
Reverse; contributory negligence; summary judgment; interlocutory appeal; substantial right; judicial economy.
Kim v. Washburn (22-248 - Unpublished)   Author: Judge Chris Dillon
child custody, modification order, best interest of the child
Shasta Staley v. Waterbury Ass'n, Inc. (22-684 - Unpublished)   Author: Judge Julee Flood
Affirm; N.C. R. Civ. P. 59(a); N.C.R. App. P. 3; trespass; breach of contract; Motion to Amend; Motion for Leave to Further Amend; abuse of discretion; Motion for Reconsideration
State of N. Carolina v. Deon Patrick Bobbitt (22-510 - Unpublished)   Author: Judge Jeff Carpenter
Probable Cause; Confrontation Clause; Blood Alcohol Content; Character Evidence; Rule 404(b)
State of N. Carolina v. Dontray Tyrell Cumberlander (22-152 - Unpublished)   Author: Judge Jeff Carpenter
guilty plea; plea agreement; PWC; discretionary review; Anders
State of N. Carolina v. James Edward Maness (22-267 - Unpublished)   Author: Judge Fred Gore
voluntary confession; totality of the circumstances; custodial interview
State v. Christopher R. Williams (22-636 - Unpublished)   Author: Judge Fred Gore
State v. Hamilton Cozart, Jr. (22-589 - Unpublished)   Author: Judge Julee Flood
Preservation; Rule 10(a)(3); State v. Golder; insufficiency of evidence; N.C. Gen. Stat. section 90-95(h); opioid; ineffective assistance of counsel; prejudice
State v. Hernan Flores-Contreras (22-189 - Unpublished)   Author: Judge Donna Stroud
expert testimony, Rule of Evidence 702, preservation, plain error
State v. Morrison (22-644 - Unpublished)   Author: Judge Jefferson Griffin
Fourth amendment, Seizure, Motion to suppress, Totality of the circumstances.
State v. Shannon McCall (22-496 - Unpublished)   Author: Judge Tobias Hampson
probation revocation, absconding
State v. Smith (22-313 - Unpublished)   Author: Judge Jefferson Griffin
State v. Timothy Rabas (22-616 - Unpublished)   Author: Judge April Wood
DWLR for an impaired driving revocation; motion to dismiss; N.C. Gen. Stat.§ 20-28(a1); actual knowledge; constructive knowledge; closing arguments; jury instruction; entrapment.
State v. William Ellison, Jr. (22-705 - Unpublished)   Author: Judge Julee Flood
Affirm; Anders v. California; reasonable suspicion; specific and articulable facts; N.C. Gen. Stat. § 14-269(a1); carrying a concealed weapon; concealed handgun permit; evidentiary burden
Tamara & Michael Scott v. Mehmi Vural (22-611 - Unpublished)   Author: Judge Jefferson Griffin
Motion to dismiss for insufficient service of process, evidence of insufficient service, Covid-19 service, incorrect residential address

Filed: 21 February 2023
Mandate: 13 March 2023
Zip File of Published Opinions

Case Title / Description
First Recovery, LLC v. Unlimited Rec-Rep, LLC  (22-495 - Published)   Author: Judge Tobias Hampson
Collateral Estoppel, Summary Judgment
Gilliam v. Foothills Temp. Emp't  (22-560 - Published)   Author: Judge Allegra Collins
appeal dismissed where assignments of error on appeal to IC were not stated with particularity; Opinion and Award vacated and remanded where average weekly wage was calculated based on date of death rather than date Decedent would have ceased working for employer
Guerra v. Harbor Freight Tools  (22-351 - Published)   Author: Judge April Wood
Failure to preserve for appellate review; pro se; N.C. R. App. 10; jurisdictional defect; appellate rule violations.
Chociej v. Richburg  (22-548 - Published)   Author: Judge Jeff Carpenter
domestic violence; DVPO; assault; attempted assault; personal relationship.
Yves v. Tolentino  (22-730 - Published)   Author: Judge John Tyson
Motion to dismiss, Perfecting service, Service of process, Statutes of limitations, Rule 4
O'Neal v. Burley  (22-624 - Published)   Author: Judge Jeff Carpenter
Limited partnership agreement; general partnership; judicial dissolution and wind up; classification, allocation, and distribution of partnership assets; North Carolina Uniform Partnership Act; unchallenged findings of fact; unsupported conclusions of law.
State v. Miller  (22-561 - Published)   Author: Judge Allegra Collins
trial court erred by closing courtroom without making sufficient findings of fact and by denying motion to dismiss violation of local ordinance where the charging documents did not include the caption and the ordinance was not proven at trial
State v. Black  (22-426 - Published)   Author: Judge Tobias Hampson
Restitution; N.C. Gen. Stat. § 15A-1340.36(a)
State v. Lytle  (22-675 - Published)   Author: Judge Fred Gore
probation revocation hearing; N.C.G.S. 15A-1344(f); finding of good cause; reasonable efforts to hold revocation hearing prior to the expiration of probationary term.
State v. Palacio  (22-231 - Published)   Author: Judge Allegra Collins
no new trial where transcript for one day of the proceedings is missing; incest conviction vacated because a niece by affinity is not a niece for purposes of incest as criminalized by N.C. Gen. Stat. § 14-178; trial court did not err by denying motion to suppress; remanded for correction of clerical error where judgment included previously dismissed conviction.
Unpublished Opinions
21 February 2023  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 13 March 2023 

Eller v. Auten (22-577 - Unpublished)   Author: Judge John Arrowood
Motion for Summary Judgment; arbitration; amending arbitration award.
Exec. Off. Park of Durham Ass'n, Inc. v. Rock (20-405-2 - Unpublished)   Author: Judge John Tyson
Remand, Non-judicial foreclosure, Default, Power of sale foreclosure, Prior Dismissal
Heather Duncan v. Stefanie Transeau and Kent Duncan (22-375 - Unpublished)   Author: Judge Valerie Zachary
child custody; constitutionally protected parental rights; waiver; findings of fact; reliance on temporary order
In re A.A.C.D (22-202 - Unpublished)   Author: Per Curiam
termination of parental rights; N.C. Gen. Stat. 7B-1111(a)(2); reasonable progress; case plan
In re L.G.M.W. (22-419 - Unpublished)   Author: Judge Valerie Zachary
termination of parental rights; N.C. Gen. Stat. section 7B-1111(a)(2); reasonable progress; contributing factors; case plan
In re M.G.B., T.J.B, H.E.D (22-389 - Unpublished)   Author: Per Curiam
neglected juvenile; abused juvenile; N.C.G.S. 7B-101(15)
In re: C.M.S. (22-512 - Unpublished)   Author: Judge Fred Gore
TPR, permanent plan, best interests of the child
John Griffing v. Gray, Layton, Kersh, Solomon, Furr & Smith, P.A. (22-576 - Unpublished)   Author: Judge Valerie Zachary
arbitration agreement; findings of fact
Matter of E.P., C.P., and J.P. (22-352 - Unpublished)   Author: Judge Chris Dillon
termination of parental rights, neglect, failure to make reasonable progress
State of N. Carolina v. Gregory Alan Davis, Jr. (22-645 - Unpublished)   Author: Judge John Arrowood
character evidence; ineffective assistance of counsel; plain error
State of N. Carolina v. Nicolle Phair (22-445 - Unpublished)   Author: Judge Jefferson Griffin
Attorney held in criminal contempt for failure to appear. Superior court jurisdiction, sufficiency of evidence of willful and gross negligence, emergency superior court judge authority to issue rulings.
State of N. Carolina v. Ronald Matthews Speaks (22-499 - Unpublished)   Author: Judge Hunter Murphy
Justification, Reasonable Legal Alternative, Possession of a Firearm by Felon.
State of N. Carolina v. Tammy Lynette Cass (22-187 - Unpublished)   Author: Judge Tobias Hampson
Relevant Evidence under Rule of Evidence 401, Rule of Evidence 403, ex mero motu, Closing Arguments
State v. Ore (21-693-2 - Unpublished)   Author: Judge John Tyson
PWC; Modification of Probation; Jurisdiction of Appellate Court; Discretionary Review;
State v. Patrick Horatio Jones (22-716 - Unpublished)   Author: Judge Valerie Zachary
guilty plea; Anders
State v. Trayon Teal (22-336 - Unpublished)   Author: Judge Valerie Zachary
assault inflicting serious injury in the presence of a minor; habitual misdemeanor assault; assault with a deadly weapon with intent to kill inflicting serious injury; statutory interpretation; multiple assault convictions arising from same conduct; N.C. Gen. Stat. 14-33(c)

Filed: 7 February 2023
Mandate: 27 February 2023
Zip File of Published Opinions

Case Title / Description
Abbott v. Abernathy  (22-162 - Published)   Author: Judge Valerie Zachary
easement; abandonment; overburdening; dedication for public use; standing; appellate preservation
In re: Custodial L. Enforcement Agency Recordings  (22-446 - Published)   Author: Judge Jefferson Griffin
Request for release of custodial law enforcement agency recordings under N.C. Gen. Stat. 132-1.4A(g) must file a civil action, not a form petition.
In re: A.H.D., V.I.D.  (22-382 - Published)   Author: Judge Donna Stroud
willful failure to pay child support, sufficiency of petition, standard of proof
In re: Z.J.W.  (22-456 - Published)   Author: Judge Tobias Hampson
Termination of Parental Rights; Ex Parte Communications; Procedural Due Process
Janu Inc v. Mega Hospitality, LLC  (22-194 - Published)   Author: Judge John Tyson
Motions to Dismiss; Failure to State a Claim Rule 12(b)(6); Personal Jurisdiction Rule 12(b)(6); Notice; Irregular Judgment; General Appearance; Waiver; Attorney's Fees Prevailing Party; Seeking Affirmative Relief;
JRM, Inc. v. The HJH Cos., Inc.  (22-537 - Published)   Author: Judge John Tyson
Arbitration Agreement; Interlocutory Orders; Substantial Right; Burden of Proof; Untimely Affidavit;
Bassiri v. Pilling  (22-411 - Published)   Author: Judge Valerie Zachary
motion to dismiss; subject-matter jurisdiction; alienation of affections
State v. Scott  (22-326 - Published)   Author: Judge April Wood
Motion to suppress evidence; Fourth Amendment; traffic stop; weapons frisk; Terry frisk; totality of circumstances; validated gang member; officer's knowledge of prior murder charge; frisk of vehicle; may not raise different theory on appeal; prior record level worksheet; notice of prior record level point for committing a crime while on probation; parole or post-release supervision; waiver of notice of prior record level point.
Unpublished Opinions
7 February 2023  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 27 February 2023 

Azevedo v. Onslow Cnty. DSS (22-376 - Unpublished)   Author: Judge Valerie Zachary
responsible individuals list; abuse; serious emotional damage
In re E.S., J.S., M.A. (22-507 - Unpublished)   Author: Judge Allegra Collins
termination of parental rights; parent willfully left juveniles in foster care or placement outside of the home for more than 12 months without showing reasonable progress in correcting conditions which led to removal; no-merits appeal pursuant to N.C. R. App. P. 3.1(e)
In re L. J. (22-386 - Unpublished)   Author: Judge John Arrowood
parental termination; N.C.G.S. 1111(a)(2)
In re S.N.B. (22-405 - Unpublished)   Author: Judge John Tyson
Termination of parental rights; Substantive findings by a substitute judge; Vacate & Remand; Retired trial judge;
In re T.H., R.H., J.P. (22-452 - Unpublished)   Author: Judge April Wood
No-merit Brief; independent review; parental rights; termination of parental rights; appellate counsel; best interests of the child; general appearance; service of process.
In re T.M.R., J.W.R., N.Z.R. (22-367 - Unpublished)   Author: Judge Jefferson Griffin
Termination of parental rights, clear and convincing evidence, incarceration, incarceration status, reasonable progress, conditions at time of removal, obstacles in remediating removal conditions, standard of proof, judicial notice, case plan
JCASLA v. Trinity Consulting (22-458 - Unpublished)   Author: Judge Fred Gore
interlocutory appeal; motion to dismiss; Unfair and Deceptive Trade Practices Act; learned profession exemption
Kimberly Willis v. NCDOST (22-373 - Unpublished)   Author: Judge Jefferson Griffin
TSERS benefits accrual, estoppel from denial based on employer error
Knechtges v. N.C. Dep't of Pub. Safety (22-213 - Unpublished)   Author: Judge Fred Gore
N.C.R. App. P. 3(d) jurisdictional requirements; Rule 59 and Rule 60(b)(1) and 60(b)(6) Motions
Marguerite Grooms v. Jason Grooms (22-536 - Unpublished)   Author: Judge John Arrowood
temporary custody order; interlocutory appeal; motion for summary judgment denied
Marisela Lira v. Nat'l Gen. (22-666 - Unpublished)   Author: Judge Valerie Zachary
unfair and deceptive trade practices; contractual privity; standing; insurers; third-party beneficiaries; Rule 12(b)(6)
Paula Carol Denton v. Steven Louis Baumohl (22-500 - Unpublished)   Author: Judge Jefferson Griffin
N.C. R. Civ. P. 11; sanctions; imposition; reasonableness.
State of N. Carolina v. Gregory C. Baskins (22-264 - Unpublished)   Author: Judge Valerie Zachary
motion to strike; prejudicial error; cross-examination
State v. Adams (22-315 - Unpublished)   Author: Judge John Arrowood
first-degree murder; evidence of the victim's pain and suffering; PWC
State v. Christian Bleu Reavis (22-556 - Unpublished)   Author: Judge John Tyson
Indecent liberties with a child; Plea agreement; Sentencing calculation error; Remand for correction;
State v. Corey Oliver Smith (20-692 - Unpublished)   Author: Judge Valerie Zachary
Confrontation Clause; probable cause hearing; no meaningful prior opportunity to cross-examine witness; constitutional error not harmless beyond a reasonable doubt
State v. Daniel Minton (22-306 - Unpublished)   Author: Judge Jefferson Griffin
Jury instructions; plain error; Section 14-53.1; excessive force; aggressor doctrine; judgment notwithstanding the verdict.
State v. Donny Ruff (22-485 - Unpublished)   Author: Judge Chris Dillon
expert testimony, reliability, preservation, GCMS
State v. Gary (22-232 - Unpublished)   Author: Judge Tobias Hampson
probation revocation; good cause; N.C. Gen. Stat. § 15A-1344(f)
State v. James Elve Flowers (22-534 - Unpublished)   Author: Judge John Arrowood
Harbison error; ineffective assistance of counsel
State v. Jordan Douglas (22-528 - Unpublished)   Author: Judge Chris Dillon
custodial statements, motion to suppress, plain error
State v. Michael Lawrence Martin (22-428 - Unpublished)   Author: Judge Fred Gore
search warrant application affidavit; search warrants obtained in other jurisdictions; motion to suppress; oral ruling; no written order; totality of the circumstances test; probable cause; statement against penal interest; reliability of an informant
State v. Ray Dean Lively (22-575 - Unpublished)   Author: Judge April Wood
Anders brief; no merit brief; frivolous appeal.
Water Damage Experts of Hillsborough, LLC v. Karl W. Miller (22-270 - Unpublished)   Author: Judge Fred Gore
Wendy Carpenter v. NCHHS (22-170 - Unpublished)   Author: Judge Tobias Hampson
Motion to Dismiss; Statute of Limitations; N.C. Gen. Stat. § 143-299.

Filed: 17 January 2023
Mandate: 6 February 2023
Zip File of Published Opinions

Case Title / Description
Dieckhaus v. Bd. of Governors of The Univ. of N.C.  (21-797 - Published)   Author: Judge Donna Stroud
sovereign immunity, implied-in-fact contract, immunity for institutions of higher learning related to COVID-19
Pelc v. Pham  (22-175 - Published)   Author: Judge John Tyson
USCIS Form I-864 Affidavit of Support; Household Size to Determine Financial Support; Sponsored Immigrant's Income; Quasi-Contract; Equitable Damages; Foreign-Money Claims Act, N.C. Gen Stat. 1C-1820-1834; Missing Trial Transcript; Attorney's Fees, N.C. Rev. R. Prof. Conduct 1.5;
SR Auto Transp., Inc. v. Adam's Auto Grp., Inc.  (22-463 - Published)   Author: Judge Tobias Hampson
Rule 54(b) certification; substantial right; interlocutory appeal; dismissal
State v. Duncan  (21-794 - Published)   Author: Judge Valerie Zachary
motion to suppress; traffic stop; reasonable suspicion; medically canceled driver's license; search incident to arrest
State v. Owens  (22-517 - Published)   Author: Judge John Tyson
Indecent liberties; Habitual Felon; Opening Statement; Vouching/bolstering; Plain Error
State v. Graham  (22-48 - Published)   Author: Judge Jeff Carpenter
Dismissal of unnecessary petition for writ of certiorari; N.C. Gen. Stat. 15A-1222 and 15A-1232; fair and clear jury instructions taken as a whole; DNA and fingerprint evidence; insufficient expert testimony under Rule 702(a)(3); no prejudicial error in admission of expert testimony; habitual breaking and entering status offense as a Class E felony; no clerical error on written judgment.
State v. Davis  (22-222 - Published)   Author: Judge John Tyson
1st Degree Murder; Attempted First Degree Murder; Arson; Felony Murder; Premeditation and deliberation; Sufficiency of indictment; Rules 401, 402, 403, 404(b); Transferred Intent; Prior Bad Acts;
State v. Massey  (22-414 - Published)   Author: Judge John Arrowood
Rule 404(b) prior bad act evidence; motion to dismiss N.C.G.S. 90-108(a)(7)
Unpublished Opinions
17 January 2023  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 6 February 2023 

Carolyn Young v. The City of Durham (22-578 - Unpublished)   Author: Judge Fred Gore
minor special use permit; quasi-judicial decision; competent, material, and substantial evidence in the record; review factors; sufficient findings of fact; exclusion of witness testimony
Christopher Gilleland v. Dakota Adams v. Tyler Wurmlinger (21-691 - Unpublished)   Author: Judge Jefferson Griffin
Procedure for Standing in child custody hearing, parent and child relationship, unchallenged findings of fact are binding.
In re M.W. and M.W. (22-21 - Unpublished)   Author: Per Curiam
abused and neglected juvenile; home state of the juvenile; temporary emergency jurisdiction; N.C. Gen. Stat. section 50A-204; caretaker status; preservation; N.C. Gen. Stat. section 7B-903; statutory interpretation
James Hwang, MD v. Bruce Cairns, et. al. (22-31 - Unpublished)   Author: Judge Valerie Zachary
employment contract; sovereign immunity; public official immunity; summary judgment; Rule 15
State of N. Carolina v. Daniel Thomas (22-513 - Unpublished)   Author: Judge Valerie Zachary
Confrontation Clause; preservation; general objection
State of N. Carolina v. Justin Messer (22-551 - Unpublished)   Author: Judge Jeff Carpenter
Breaking or entering; N.C. Gen. Stat. 14-54(a); felonious larceny; restitution award; definite and certain stipulation; motion to dismiss; sufficiency of the evidence; intent to commit larceny.
State of NC v. Dominique Vontario Anderson (22-379 - Unpublished)   Author: Judge Valerie Zachary
plain error review; Rule 403; post-arrest silence; no prejudicial error; in camera review; preservation; appellate record; motion to dismiss
State v. Boykin (22-542 - Unpublished)   Author: Judge Valerie Zachary
resentencing; Anders review
State v. Bryan (22-184 - Unpublished)   Author: Judge April Wood
Alford plea; restitution; restitution worksheet; contractual nature of plea agreement; prosecutor's statements; N.C. Gen. Stat. Sec.15A-1340.36.
State v. Larry Abrams (22-347 - Unpublished)   Author: Judge Jeff Carpenter
Permissible scope of Terry frisk; motion to suppress; armed and dangerous; reasonable suspicion; ?plain feel? doctrine; ?immediately apparent? object; probable cause.
State v. Timothy Cox (22-628 - Unpublished)   Author: Judge Fred Gore
second-degree murder; Rule 404(b); jury instructions