Court of Appeals Slip Opinions

Signup For Email Notification  Supreme Court Opinions  Case Summaries/Headnotes
Filed: 1 October 2024
Mandate: 21 October 2024
Zip File of Published Opinions

Case Title / Description
Crenshaw v. Crenshaw  (23-799 - Published)   Author: Judge Donna Stroud
protective order, child support modification, gross income, reasonable needs of the child, attorney fees
Devonwood-Loch Lomond Lake Ass'n, Inc. v. City of Fayetteville  (23-768 - Published)   Author: Judge Hunter Murphy
statute of limitations, motion to dismiss, trespass and nuisance.
In re: M.B.S.  (24-237 - Published)   Author: Judge Valerie Zachary
termination of parental rights; factual allegations; preservation; ineffective assistance of counsel
K.H. v. Dixon  (23-878 - Published)   Author: Judge Carolyn Thompson
Tort claims; violation of student's constitutional right to sound basic education
Kaylor v. Kaylor  (23-1138 - Published)   Author: Judge Allegra Collins
equitable distribution; unequal distribution; classification of property
State v. Jackson  (23-637 - Published)   Author: Judge Jeff Carpenter
Trespass; Fourth Amendment; Terry Stop; Reasonable Suspicion; Search; Seizure, Consent; No Error.
State v. Jenkins  (23-1107 - Published)   Author: Judge Michael Stading
Indecent liberties; Justice Reinvestment Act; N.C. Gen. Stat. § 15A-1340.17
State v. Reber  (22-130-2 - Published)   Author: Judge April Wood (View Supreme Court Opinion)
Ineffective assistance of counsel; Motion to suppress; Search warrant; Probable cause; No structural constitutional error; Jury selection; Jury selection process; No structural error; Use of peremptory strikes; Failure to challenge for cause; Failure to preserve issue on appeal; Appellate Rule 2.
State v. Schiene  (23-682 - Published)   Author: Per Curiam
Denial of Motion to Suppress; Probable Cause; Smell of unburnt Marijuana; Legalization of Industrial Hemp; Totality of the Circumstances;
State v. Villarreal  (23-186 - Published)   Author: Judge Michael Stading
Accessory after the fact; motion to dismiss; restitution.
State v. Washington  (23-1095 - Published)   Author: Judge Carolyn Thompson
Domestic violence
Taylor v. Southland Indus., Inc.  (24-247 - Published)   Author: Judge John Tyson
Workers Compensation; N.C. Gen. Stat. § 97-2(5) (2023); Less than 52 weeks employment; Average weekly wage; Methods of computation; Unchallenged Findings;
Unpublished Opinions
1 October 2024  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 21 October 2024 

Hadley v. Rollingwood Homeowners Ass'n (24-193 - Unpublished)   Author: Per Curiam
N.C. Gen. Stat. Section 6-21.5; attorney's fees; reasonable; justiciable issue; final judgment; collateral
In re: I.W. (24-83 - Unpublished)   Author: Judge Chris Dillon
termination of parental rights, neglect
In re: J.B., R.B., G.B., R.B., R.B., R.B. (23-1053 - Unpublished)   Author: Judge Julee Flood
Rule 3.1(e); no-merit; independent review; potential merit; arguably support appeal; Rule 28; Rule 28(b)(6); meaningful appellate review; In re L.E.M., 372 N.C. 396, 831 S.E.2d 341 (2019)
In re: K.H. (24-315 - Unpublished)   Author: Judge April Wood
Termination of parental rights, Willful failure to make reasonable progress, Probability of future neglect, Continued DSS custody, Permanency planning, Child's best interest.
In re: K.J.M. (24-213 - Unpublished)   Author: Judge Julee Flood
TPR, termination of parental rights, neglect, abandonment, failure to pay costs of care, best interests of the child, incarceration, adoption, GAL, guardian ad litem.
In re: L.R.M. (24-154 - Unpublished)   Author: Judge Hunter Murphy
termination of parental rights, burden of proof, willful abandonment, failure to pay
Mastanduno v. Nat'l Freight Indus. (23-981 - Unpublished)   Author: Per Curiam
worker’s compensation, burden of proof, industrial commission review.
Moorhead v. Moorhead (23-679 - Unpublished)   Author: Judge Donna Stroud
domestic violence protective order, harassment, surrender of firearms, threats to commit suicide
Patterson v. Patterson (23-1145 - Unpublished)   Author: Judge Julee Flood
Child custody, motion to modify child custody, lack of nexus between the substantial change and welfare of the minor child.
Salyer v. Salyer (24-37 - Unpublished)   Author: Judge Julee Flood
Alimony, N.C. Gen. Stat. § 50–16.3A (2023), attorney's fees, equitable distribution, N.C. Gen. Stat. § 50-20 (2023), failure to make sufficient findings of fact.
State v. Collins (24-57 - Unpublished)   Author: Judge Hunter Murphy
clerical error, habitual felon, sentencing
State v. Edwards (21-778 - Unpublished)   Author: Per Curiam
summary denial, habeas corpus
State v. Gray (23-1131 - Unpublished)   Author: Judge Hunter Murphy
affirmative defense of necessity, plain error, contradictory testimony.
State v. Hines (22-824-2 - Unpublished)   Author: Judge John Tyson
SMB; Bring Back Hearing; Post release Supervision; New crimes; Sexual offender;
State v. Jacobs (23-1152 - Unpublished)   Author: Per Curiam
Anders v. California; State v. Kinch; merit; independent review; record; prejudicial error; wholly frivolous
State v. O'Neil (24-105 - Unpublished)   Author: Judge April Wood
Guilty plea; Anders brief; Anders review; Wholly frivolous; Petition for writ of certiorari; No prejudicial error; Rule 4; Untimely notice of appeal; Timeliness; Fourteen-day period; No issues of arguable merit.
State v. Powell (23-1009 - Unpublished)   Author: Judge Julee Flood
motion to dismiss; sufficiency of evidence; substantial evidence; reasonable mind; circumstantial; jury; light most favorable to the State; actual possession; constructive possession; totality of the circumstances; Chekanow factors; request; new counsel; Constitution; Sixth Amendment; Fourteenth Amendment; satisfy; competent assistance; conflict
State v. Rice (24-101 - Unpublished)   Author: Judge John Arrowood
first-degree murder, Confrontation Clause, Business Records Exception
State v. Roberts (24-142 - Unpublished)   Author: Judge John Arrowood
victim impact testimony, right to confrontation, pertinent trait.
State v. Smith (24-203 - Unpublished)   Author: Per Curiam
N.C. R. App. P. Rule 4; Petition for Writ Certiorari; Corroborative Evidence; Limiting instruction; No merit or error committed below;
State v. Vass (24-409 - Unpublished)   Author: Per Curiam
PWC; petition for writ of certiorari; clerical error; inadvertent; minor discrepancies
State v. Warner (23-477 - Unpublished)   Author: Judge Michael Stading
Felonious restraint, false imprisonment, lesser-included offense, sentencing, mitigating factors, presumptive range.
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 33 PETITIONS AND 224 MOTIONS.


Filed: 17 September 2024
Mandate: 7 October 2024
Zip File of Published Opinions

Case Title / Description
Duke Univ. Health Sys., Inc. v. N.C. Dep't of Health & Hum. Servs.  (23-1070 - Published)   Author: Judge Hunter Murphy
certificate of need, public hearing, waiver and estoppel.
In re: B.A.J.  (24-254 - Published)   Author: Judge Allegra Collins
termination of parental rights; judicial notice of prior orders; neglect;
In re: K.B.C., A.G.S.C., J.N.C.  (24-296 - Published)   Author: Judge Tobias Hampson
Termination of parental rights; incarceration; dependency
Kinlaw v. N.C. Dept. of Health & Hum. Servs.  (23-1101 - Published)   Author: Judge Julee Flood
Procedural due process, liberty interest, adequate notice, thirty-day notice, Krishnan v. N.C. Dep’t of Health & Hum. Servs., statute of limitations, doctrine of equitable estoppel, subject matter jurisdiction, tolling of a statute of limitations.
Millsaps v. Hager  (23-1028 - Published)   Author: Judge Michael Stading
Joint and several liability; motion to enforce settlement agreement; issue preservation;
State of N.C. v. Envtl. Working Grp.  (23-760 - Published)   Author: Judge Hunter Murphy
net energy metering, customer-sited generation, revised rates, investigation of costs and benefits
State v. Evans  (23-1160 - Published)   Author: Judge Allegra Collins
larceny by an employee; motion to dismiss; prior record level; breach of plea agreement
State v. Goldberg  (23-1015 - Published)   Author: Judge Tobias Hampson
Petition for removal from sex offender registry, residency, jurisdiction
State v. McCord  (23-915 - Published)   Author: Judge Chris Dillon
Life without parole, Miller v Alabama, N.C.G.S. 15A-1340, 19A et.seq., Witness credibility determination by judge based on trial transcript, mitigating factors
State v. Nova  (23-883 - Published)   Author: Judge Michael Stading
Indecent liberties with a child; Rule 404(b) evidence; evidence of a prior crime; Rule 403 balancing test
State v. Wilkins  (23-839 - Published)   Author: Judge Tobias Hampson
Obtaining property by false pretenses; obstruction of justice; indictment
Unpublished Opinions
17 September 2024  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 7 October 2024 

Biggs v. Erie Ins. Exch. (23-1167 - Unpublished)   Author: Judge April Wood
Interlocutory order; Failure to show grounds for appellate review; Appellate jurisdiction; Substantial right; Collateral estoppel, Res judicata.
Campbell v. Warren (23-1011 - Unpublished)   Author: Judge Jefferson Griffin
Subject Matter Jurisdiction; Child Custody; Third-Party Intervenor; Juvenile Petition; Termination of Jurisdiction; Reversed
Hands v. Hands (24-19 - Unpublished)   Author: Judge Tobias Hampson
Child support; contempt; motion to change venue; motion to reopen judgment
In re: B-L.K. (24-188 - Unpublished)   Author: Judge John Arrowood
termination of parental rights, 3.1, willful abandonment, N.C.G.S. § 7B-1111
In re: P.Z.R., P.W.R. (24-402 - Unpublished)   Author: Per Curiam
termination of parental rights, no-merit brief, N.C.Rule of Appellate Procedure 3.1(e)
In re: R.A.S., A.N.S., H.N.S. (24-150 - Unpublished)   Author: Judge Jefferson Griffin
Termination of parental rights; appropriate standard of review announced; affirming adjudication of neglect under N.C. Gen. Stat. 7B-1111(a)(1)
Kotsias v. Fla. Health Care Props. (23-1029 - Unpublished)   Author: Judge Tobias Hampson
Workers compensation; sanctions; appellate rules
Smith v. Smith (24-245 - Unpublished)   Author: Per Curiam
interlocutory order; order not certified for immediate review;
State v. Abernathy (24-232 - Unpublished)   Author: Per Curiam
Failure to intervene ex mero motu; Ex mero motu; Prosecutors closing argument; Not grossly improper; Failure to object.
State v. Bailey (24-485 - Unpublished)   Author: Judge April Wood
Guilty plea; Anders brief; Anders review; Wholly frivolous; Alford plea; Sentencing; Prior record level; No prejudicial error; No error.
State v. Bradshaw (23-797 - Unpublished)   Author: Judge Michael Stading
Anders brief; Anders v. California; State v. Kinch
State v. Davis (23-1088 - Unpublished)   Author: Per Curiam
notice and opportunity to be heard, criminal contempt, N.C.G.S. § 5A-12
State v. Dumas (24-76 - Unpublished)   Author: Per Curiam
second degree kidnapping, child abduction, defendant's pre-arrest silence, plain error
State v. Ellison (24-53 - Unpublished)   Author: Per Curiam
civil judgment for court-appointed attorney fees; petition for writ of certiorari; right to be heard
State v. Henderson (23-553 - Unpublished)   Author: Judge Donna Stroud
kidnapping, jury instructions, separate and independent act, plain error
State v. Jones (23-991 - Unpublished)   Author: Judge John Arrowood
lesser-included jury instructions, motions to dismiss, order of closing arguments, aggravating factors
State v. Jones (24-49 - Unpublished)   Author: Per Curiam
post conviction DNA testing, N.C.G.S. 15A-269, material
State v. Moody (24-61 - Unpublished)   Author: Judge Julee Flood
Substantial evidence; circumstantial evidence; reasonable mind; reasonable juror; fingerprint; State v. Irick; State v. Scott; description; ineffective assistance of counsel; IAC; moot
State v. Parker (24-432 - Unpublished)   Author: Per Curiam
Anders brief, no error
State v. Patterson (23-730 - Unpublished)   Author: Per Curiam
Motion to withdraw; absolute impasse; motion for mistrial
State v. Pena (23-537 - Unpublished)   Author: Judge Donna Stroud
involuntary intoxication, jury instruction, authentication, motion to dismiss
State v. Rawson (23-610 - Unpublished)   Author: Judge Hunter Murphy
exclusion of evidence, character evidence, motion to dismiss charges.
State v. Rollinson (23-992 - Unpublished)   Author: Judge Julee Flood
criminal; first-degree murder; motion to dismiss; intent; intoxication; sufficiency of evidence; jury issue.
State v. Slade (23-1157 - Unpublished)   Author: Per Curiam
N.C.G.S.15A-1340.19A, et.seq., State v Kelliher, oral finding, de facto life sentence
State v. Suggs (23-4 - Unpublished)   Author: Judge Donna Stroud
preservation, plain error, motion to dismiss, acting in concert
State v. Taft (24-430 - Unpublished)   Author: Per Curiam
Assault and battery; error by trial court in probationary term
State v. Warren (24-164 - Unpublished)   Author: Per Curiam
jury instruction; constructive possession; NC Pattern Jury Instructions
Stephens v. Lunnermon (24-243 - Unpublished)   Author: Per Curiam
arbitration, breach of contract, abuse of discretion
Tadlock v. Moretz (23-561 - Unpublished)   Author: Judge Donna Stroud
restrictive covenants, equitable servitude, standing, general plan of development
Teasley v. Harris Teeter, LLC (24-537 - Unpublished)   Author: Per Curiam
motion to dismiss, interlocutory appeal, substantial right
Wells Fargo Bank, NA v. George (23-1002 - Unpublished)   Author: Per Curiam
Motion to Dismiss; 12(b)(1); 12(b)(2); Personal Jurisdiction; Subject Matter Jurisdiction; Affirmed
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 33 PETITIONS AND 224 MOTIONS.


Filed: 3 September 2024
Mandate: 23 September 2024
Zip File of Published Opinions

Case Title / Description
Durham Cnty. Dep't of Soc. Servs. v. Wallace  (23-96 - Published)   Author: Judge Michael Stading
No-contact order; Workplace Violence Prevention Act; harassment; knowing conduct; specific person; directed at; legitimate purpose; free speech; content-neutral restriction; time place manner regulation
Harney v. Harney  (23-364 - Published)   Author: Judge Donna Stroud
Uniform Child Custody and Enforcement Act, appellate rules, temporary child custody order, permanent child custody order
In re: A.D.H.  (23-168 - Published)   Author: Judge Hunter Murphy
collateral estoppel, juvenile abuse, burdens of proof.
In re: R.H.  (23-1060 - Published)   Author: Judge Michael Stading
neglected juvenile; future neglect; past neglect; probability of repetition of neglect;
Kerslake v. Kerslake  (23-995 - Published)   Author: Judge John Tyson
Equitable distribution; Abuse of Discretion; Unequal distribution; Marital property; Separate property; Allocation of marital debt;
Reynolds v. Burks  (24-75 - Published)   Author: Judge Tobias Hampson
Interlocutory appeal, substantial right, venue
State v. Galbreath  (24-48 - Published)   Author: Judge Tobias Hampson
Juror misconduct; trial court investigation; abuse of discretion;
State v. Hahn  (23-238 - Published)   Author: Judge Michael Stading
Emergency order; emergency directives; COVID-19 order; criminal contempt; contemptuous act; willfulness of contempt
State v. Little  (23-410 - Published)   Author: Judge Donna Stroud
Fourth Amendment, warrantless search, plain smell, probable cause, motion to suppress, industrial hemp
State v. Pierce  (23-348 - Published)   Author: Judge John Tyson
Sex offenses; Waiver of Indictment; Waiver of Counsel; Stand by Counsel; Bill of Information; N.C. Gen. Stat. § 15A-642; Proceeding Pro Se; Plea agreement; Waiver of costs and fees;
State v. Thomas  (23-210 - Published)   Author: Judge Donna Stroud
second-degree murder, juror substitution, warrantless search, electronic monitoring, Fourth Amendment
Tuminski v. Norlin  (24-15 - Published)   Author: Judge John Tyson
Default Judgment of Divorce; Service of Process; Appointed agent; Rule 4; Failure to appear; Motion in the Cause; Collateral attack; No Rule 11 Motion;
Unpublished Opinions
3 September 2024  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 23 September 2024 

Bryan v. Firefly Mountain Props., LLC (24-28 - Unpublished)   Author: Per Curiam
interlocutory order, appellate jurisdiction
In re: A.J., L.J., A.V. (24-141 - Unpublished)   Author: Per Curiam
Termination of Parental Rights; No Merit Brief;
In re: G.R.R. (24-131 - Unpublished)   Author: Per Curiam
Termination of Parental Rights; No Merit Brief;
In re: J.A. (24-161 - Unpublished)   Author: Per Curiam
Termination of Parental Rights; No Merit Brief;
Redevelopment Comm'n of Greensboro v. Meridian Conventions, LLC (23-941 - Unpublished)   Author: Judge Carolyn Thompson
Real property; quiet title
State v. Brooks (23-1072 - Unpublished)   Author: Judge John Tyson
First-degree murder, robbery with a dangerous weapon, conspiracy to commit RDW; Sua Sponte Mistrial; Plain Error Review; Ineffective Assistance of Counsel; No prejudice shown;
State v. Bynum (23-1102 - Unpublished)   Author: Per Curiam
in-court identification, inherently incredible testimony
State v. Davis (23-953 - Unpublished)   Author: Per Curiam
Canine sniff, probable cause to search vehicle
State v. Diaz (24-104 - Unpublished)   Author: Per Curiam
Sixth Amendment, right to confrontation, Non-testimonial statement
State v. Givens (23-500 - Unpublished)   Author: Per Curiam
satellite-based monitoring, petition for writ of certiorari, recidivism.
State v. Higgs (24-45 - Unpublished)   Author: Per Curiam
Civil Judgment for Attorney's fees; Notice of Opportunity to be heard;
State v. Karamikian (23-895 - Unpublished)   Author: Judge Allegra Collins
petition for writ of certiorari; unpreserved constitutional error; ineffective assistance of counsel; motion for appropriate relief; notice of appeal
State v. Maddox (24-148 - Unpublished)   Author: Judge April Wood
Satellite-based monitoring order; Sufficiency of the findings; Additional findings; No contact order; Average risk; Level of supervision; Risk assessment; Competent record evidence; N.C.G.S. 14-208.40A; Guilty plea.
State v. McCollum (23-1144 - Unpublished)   Author: Judge Carolyn Thompson
Assault with a deadly weapon inflicting serious injury
State v. Parry (24-229 - Unpublished)   Author: Per Curiam
revocation of probation, good cause shown
State v. Robinson (24-290 - Unpublished)   Author: Per Curiam
Untimely notice of appeal; Writ of certiorari;
State v. Saldana (24-9 - Unpublished)   Author: Judge Valerie Zachary
Certiorari; motion to suppress; findings of fact; odor of marijuana; probable cause
State v. Satterfield (23-857 - Unpublished)   Author: Judge Valerie Zachary
Capacity to stand trial; capacity to contribute to defense; preservation of issues
State v. Smith (24-231 - Unpublished)   Author: Per Curiam
guilty plea, Anders review
State v. Summers (24-317 - Unpublished)   Author: Per Curiam
Statutory sex offense; Sufficiency of the evidence;
State v. Thomas (23-558 - Unpublished)   Author: Judge Valerie Zachary
Discharging a weapon into occupied property causing serious injury; indictment; motion to dismiss
State v. Valentine (23-520 - Unpublished)   Author: Judge Carolyn Thompson
Warrantless search; drug possession; possession of firearm by felon
State v. Womble (24-118 - Unpublished)   Author: Per Curiam
post conviction DNA testing, Anders-type review
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 33 PETITIONS AND 224 MOTIONS.


Filed: 20 August 2024
Mandate: 9 September 2024
Zip File of Published Opinions

Case Title / Description
Ajayi v. Seaman  (23-1084 - Published)   Author: Judge Jefferson Griffin
Sanctions of Dismissal and Attorney's Fees; record evidence trial court considered lesser sanctions; insufficient evidence to support amount of fees; trial judge's ability to interrupt, question, and comment on proceedings
Askew v. City of Kinston  (22-407-2 - Published)   Author: Judge Allegra Collins (View Supreme Court Opinion)
Corum claims; summary judgment; substantive due process; equal protection
Federowicz v. N.C. Bd. of Chiropractic Exam'rs  (23-955 - Published)   Author: Judge Valerie Zachary
Administrative Procedure Act; agency jurisdiction; scope of agency discipline; costs
Hill v. Ewing  (23-982 - Published)   Author: Judge Chris Dillon
Rule 12(b)(6), champerty, maintenance, slander of title, special damages
In re: D.R.J.  (23-671 - Published)   Author: Judge Valerie Zachary
Juvenile Petition; Sexual Battery; Forcible Rape; Incest; Motion to Dismiss; Ineffective Assistance of Counsel; Specific Instances of Conduct; Offer of Proof
In re: K.C.  (24-112 - Published)   Author: Judge Jeff Carpenter
Neglect; Substantial Risk of Future Neglect; Clear and Convincing Evidence; Substance Abuse; Health Assessments; Necessary Medical Care; Affirmed.
Long v. Fowler  (23-629 - Published)   Author: Judge Jefferson Griffin
Negligence; Contributory Negligence; Summary Judgment; Proximate Cause; Foreseeability; 12(b)(6)
State v. Hague  (23-734 - Published)   Author: Judge April Wood
First-degree murder; Motion to dismiss; Substantial evidence; Premeditation and deliberation; Insufficient evidence; Totality of the circumstances; Jury instructions; Stand your ground; Self-defense; Proportionality; 404(b) evidence; Admissibility.
State v. Om Shree Hemakash Corp.  (23-1171 - Published)   Author: Judge Valerie Zachary
Rule 37 sanctions; striking of answer; default judgment
State v. Plotz  (23-749 - Published)   Author: Judge Tobias Hampson
Stalking; Jury Instructions; Invited Error; Variance
State v. Simpson  (23-618 - Published)   Author: Judge Valerie Zachary
Forgery of Endorsement; Uttering a Forged Endorsement; Motion to Dismiss; Indictment; Eyewitness Identification Reform Act; Due Process; Rule 2; Ineffective Assistance of Counsel; Clerical Error
Unpublished Opinions
20 August 2024  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 9 September 2024 

2120 Arlington Place Tr. v. Jones (24-39 - Unpublished)   Author: Judge Jefferson Griffin
Eviction of holdover tenant; validity of transfer of deed to a trust alone; Defendants' pleadings stricken as sanction; unpreserved arguments
Bailey v. S. Lithoplate, Inc. (24-55 - Unpublished)   Author: Judge Valerie Zachary
Workers' Compensation; disability; diminished wage-earning capacity; findings of fact
Chavez v. Logan (23-528 - Unpublished)   Author: Judge Michael Stading
Negligence; directed verdict; proximate cause.
Dykers v. Town of Carrboro (23-638 - Unpublished)   Author: Judge Michael Stading
Board of adjustment; land use ordinance; use variance; N.C. Gen. Stat. § 160D-705(d)
Reiss v. Reiss (23-950 - Unpublished)   Author: Judge Valerie Zachary
Involuntary dismissal; Rule 41(b); waiver
State v. Bell (23-967 - Unpublished)   Author: Judge Jeff Carpenter
Jury Instructions; Preservation; Plain Error Review; Opium Trafficking; Lesser Included Charges; No Error
State v. Davis (22-938 - Unpublished)   Author: Judge Hunter Murphy
limiting instruction, no plain error, sex offender registration
State v. Holder (23-395 - Unpublished)   Author: Per Curiam
Sufficient foundation for expert witness; fingerprint identification; Rule 702(a)
State v. Jordan (24-1 - Unpublished)   Author: Judge Chris Dillon
jury selection, Rule 401, Rule 403, Rule 702, "Round trip time" cell phone location data
State v. Knight (23-67 - Unpublished)   Author: Judge Donna Stroud
Authentication, preservation, motion to dismiss, jury instructions
State v. Legette (23-1153 - Unpublished)   Author: Judge Valerie Zachary
Motion to Suppress; vehicle search; custodial interrogation
State v. McLaughlin (23-929 - Unpublished)   Author: Judge Jeff Carpenter
motion to dismiss; de novo; armed robbery; dangerous weapon; capable of endangering or threatening a life; permissive inference; substantial evidence; jury instructions; no error.
State v. Sisk (23-803 - Unpublished)   Author: Per Curiam
misdemeanor communicating threats conviction, motion for continuance, Constitutional right to prepare a defense
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 33 PETITIONS AND 224 MOTIONS.


Filed: 6 August 2024
Mandate: 26 August 2024
Zip File of Published Opinions

Case Title / Description
Anhui Omi Vinyl Co., Ltd. v. USA Opel Flooring, Inc.  (23-993 - Published)   Author: Judge Valerie Zachary
Uniform Voidable Transactions Act; badges of fraud; good-faith exception
Chappell v. Webb  (24-23 - Published)   Author: Judge Chris Dillon
drunk driving, wrongful death lawsuit, judgment notwithstanding the verdict (JNOV), motion for new trial, negligent entrustment, compensatory damages, punitive damages
Duke Univ. Health Sys. Inc. v. N.C. Dep't of Health & Hum. Servs.  (23-351 - Published)   Author: Judge Hunter Murphy
certificate of need, CON criteria, competitive review.
Flomeh-Mawutor v. City of Winston-Salem  (23-809 - Published)   Author: Judge Valerie Zachary
governmental immunity; negligence; breach of contract; no waiver of immunity
Henderson Cnty. Hosp. Corp. v. N.C. Dep't of Health & Hum. Servs.  (23-1037 - Published)   Author: Judge Hunter Murphy
certificate of need, public hearing, substantial prejudice.
In re: A.K., L.K.  (23-898 - Published)   Author: Judge Donna Stroud
adjudication and disposition, neglect, guardian ad litem, substitution of counsel
In re: J.B.P. (23-269) - [Withdrawn by order of the Court]
Fourth Amendment; Search; Probable Cause; Marijuana; Hemp; Motion to Suppress; Reversed.
Madison v. Gonzalez-Madison  (23-1032 - Published)   Author: Judge Chris Dillon
custody order, best interest determination, self-executing modification provision, future change in circumstances, abuse of discretion
MR Entm't v. The City of Asheville  (23-1109 - Published)   Author: Judge John Tyson
Sign Ordinance Violation; Notice; Right to Cure; Abatement; Mootness;
Shannon v. Rouse Builders, Inc.  (23-318 - Published)   Author: Judge Jeff Carpenter
Summary Judgment; Interlocutory Order; Substantial Right; Unfair or Deceptive Trade Practices; Affirmed.
State of N.C. v. Anson Cnty.  (23-1069 - Published)   Author: Judge Julee Flood
quo warranto; board of county commissioners; judgment on the pleadings; open meetings law; quorum; remote participation; emergency meeting
State v. Anderson  (23-821 - Published)   Author: Judge Jeff Carpenter
Hearsay; Hearsay Exceptions; Medical Diagnosis; Corroboration; Closing Argument; Rule 404(b); No Prejudicial Error.
State v. Barton  (23-1148 - Published)   Author: Judge Jeff Carpenter
Plea Arrangements; Satellite Based Monitoring; Post-Release Supervision; Probation; Statutory Interpretation; Reversed; Vacated; Remanded.
State v. Corrothers  (23-865 - Published)   Author: Judge Valerie Zachary
First-Degree Murder; Plain Error; Ineffective Assistance of Counsel; Motion to Dismiss; Motion to Set Aside Jury Verdict; Dismissed in Part; No Error
State v. Dawson  (23-801 - Published)   Author: Judge Chris Dillon
life without parole (LWOP) sentence, resident superior court judge review, right to appeal, insufficient findings, abuse of discretion, recommendation to parole commission, N.C.Gen Stat.15A-1380.5
State v. Freeman  (24-120 - Published)   Author: Judge April Wood
Felony child abuse; Evidence of serious injury; Request for lesser-included offense; Jury instructions; Unpreserved issues; Plain error review; Motion to dismiss; Sufficiency of the evidence; Lawful corporal punishment; Lack of in loco parentis status.
State v. Hollis  (23-838 - Published)   Author: Judge Tobias Hampson
Authentication, affidavit, embezzlement, business records
State v. Jones  (23-1062 - Published)   Author: Judge Chris Dillon
relevance, constructive possession, cross examination, prior conviction
State v. Lopez  (23-726 - Published)   Author: Judge Valerie Zachary
Rule 404(b); Rule 403; Prior Sexual Acts; Statutory Rape; Sex Offense with a Child; Rape of a Child; Indecent Liberties with a Child; Motion to Dismiss; Alleged Offense Dates; No Error
State v. Maye  (24-77 - Published)   Author: Judge Jeff Carpenter
Bond Forfeiture; Motion to Set Aside; Failure to Appear; Reversed.
State v. McLean  (23-1100 - Published)   Author: Judge April Wood
Oral notice of appeal; Notice of appeal at time of trial; Timely notice of appeal; Petition for writ of certiorari; Same session of court; Judgment in fieri; Sine die; Sufficient to confer jurisdiction; Assault inflicting physical injury; State employee; Request for lesser-included offense; Jury instructions; Sufficiency of evidence.
State v. Siler  (23-474 - Published)   Author: Judge Chris Dillon
probable cause, probationer, reasonable suspicion, warrentless search
State v. Thomas  (23-774 - Published)   Author: Judge Valerie Zachary
breaking or entering a motor vehicle; larceny; motion to dismiss; lack of consent of the owner; lay opinion testimony; plain error review; sentencing upon remand; prior record level
Unpublished Opinions
6 August 2024  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 26 August 2024 

Adventure Trail of Cherokee, Inc. v. Owens (23-1043 - Unpublished)   Author: Judge Michael Stading
lease; survivor of the lease; breach of contract; scrivener's error; parol evidence
Bilbro v. ECU Health (23-1172 - Unpublished)   Author: Judge Carolyn Thompson
Defamation, libel, civil tort
City of Asheville v. MR Entm't, LLC (23-1110 - Unpublished)   Author: Per Curiam
Sign Ordinance Violation; Notice; Right to Cure; Abatement; Mootness; Judgement on the Pleadings;
In re: K.C. (23-1136 - Unpublished)   Author: Per Curiam
N.C.R. App. P. 3.1(e); N.C.G.S. § 7B-1111(a)(1), (a)(2); N.C.G.S. § 7B-1110(a)
J.Z. v. CCR Mooresville Wellness, LLC (23-789 - Unpublished)   Author: Per Curiam
Rule 60(b), voluntary dismissal with prejudice, abuse of discretion
McDougald v. White Oak Plantation Homeowners Ass'n, Inc. (23-756 - Unpublished)   Author: Judge Michael Stading
restrictive covenants; North Carolina Planned Community Act
Pub. Serv. Co. of N. Carolina, Inc. v. SEN-Asheville I, LLC (23-1116 - Unpublished)   Author: Judge Jeff Carpenter
Easement; Declaratory Judgment; Summary Judgment; Jurisdiction; Motion to Dismiss; Dismissed.
State v. Fogelman (23-1124 - Unpublished)   Author: Judge Carolyn Thompson
Indecent liberties
State v. Gatling (23-746 - Unpublished)   Author: Judge Donna Stroud
superseding indictments, clerical error
State v. Lemley (23-1135 - Unpublished)   Author: Judge Valerie Zachary
Pro Se; Reversed; Failure to Advise of Minimum Fine; New Trial
State v. Price (23-361 - Unpublished)   Author: Judge Donna Stroud
first-degree murder, felony murder, robbery with a dangerous weapon, motion to dismiss, closing arguments, jury instructions
State v. Rape (23-1023 - Unpublished)   Author: Judge Jefferson Griffin
Constructive possession; non-exclusive control; sufficient other incriminating circumstances
State v. Rey (23-847 - Unpublished)   Author: Judge Michael Stading
Probation revocation; willfully absconding.
State v. Sackman (23-872 - Unpublished)   Author: Judge Jeff Carpenter
Anders brief; wholly frivolous; guilty plea; sentencing; N.C. Gen. Stat. § 15A-1444(a2); substantial assistance; N.C. Gen. Stat. § 90-95(h)(5); dismissed.
State v. St. Onge (23-1047 - Unpublished)   Author: Judge April Wood
Motions to dismiss; Castle Doctrine; N.C. Gen. Stat. § 14-51.2; Excessive force; Defense of habitation; Immunity from prosecution; Jury instructions; Plain error; N.C. R. App. P. 10(a)(4); Flight instruction
State v. Stidham (23-823 - Unpublished)   Author: Judge Donna Stroud
constructive possession, jury instructions
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 33 PETITIONS AND 224 MOTIONS.


Filed: 16 July 2024
Mandate: 5 August 2024
Zip File of Published Opinions

Case Title / Description
Atlantech Distribution, Inc. v. Land Coast Insulation, Inc.  (23-751 - Published)   Author: Judge Tobias Hampson
summary judgment; partial lien waiver; subrogation lien
Bradley Home, Caring for Wake Cmty. & the Carolinas, Inc. v. N.C. Dep't of Health & Hum. Servs.  (24-107 - Published)   Author: Judge Jefferson Griffin
Rule 6(e); N.C. Gen. Stat. 150B-23(f); Mailbox Rule; explicit language regarding responsive filing deadlines; administrative contested case; Administrative Procedure Act
Epcon Homestead, LLC v. Town of Chapel Hill  (23-1048 - Published)   Author: Judge Jeff Carpenter
Real Property; Zoning; Statutes of Limitations; Continuing Wrong Doctrine; Motion to Dismiss; Rule 12(b)(6); Affirmed.
In re: Ashley Furniture Indus., Inc.  (23-969 - Published)   Author: Judge Allegra Collins
Property Tax Commission, final decision, appraisal report, valuation methods, income approach, capitalization rate, sales comparison approach, cost approach, depreciation, obsolescence
In re: Hayes  (22-1058 - Published)   Author: Judge Donna Stroud
decedent's estate, elective share, waiver of elective share, summary judgment
Mata v. N.C. Dep't of Transp.  (23-1140 - Published)   Author: Judge John Tyson
NCDOT Map Act; Inverse condemnation; Temporary Taking; Diminution in value; Tax benefits provided;
Patel v. Patel  (23-924 - Published)   Author: Judge Jefferson Griffin
Transfer of judgment owed to a debtor is a legal satisfaction and extinguishment of the judgment; renewal of enforceability of judgment; judgment on the pleadings
State v. Smith  (23-997 - Published)   Author: Judge Allegra Collins
felony stalking; harassment; substantial emotional distress;
Wright v. Wood  (24-7 - Published)   Author: Judge Tobias Hampson
venue; North Carolina Rule of Civil Procedure 12(b)(3); Motion for Change of Venue
Unpublished Opinions
16 July 2024  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 5 August 2024 

Clayton v. Wirth (23-1117 - Unpublished)   Author: Judge Allegra Collins
declaratory judgment counterclaim; statute of limitations; capital contributions; no fiduciary relationship; fiduciary duty; constructive fraud
Colgate v. Global Growth Partners, Inc. (23-527 - Unpublished)   Author: Judge Tobias Hampson
breach of contract; tortious interference with contract; North Carolina Rule of Civil Procedure 60(b)(1).
DeBerry v. N.C. Dep't of Pub. Safety (24-115 - Unpublished)   Author: Judge April Wood
Industrial Commission; Full Commission; N.C. Gen. Stat. § 143-291; Tort Claims Act; Negligence claim; Element of damages; Nature of damages; Rule 12(b)(6); Failure to state a claim; Sentence Begin Date; nunc pro tunc.
In re: A.D. (24-13 - Unpublished)   Author: Judge John Tyson
Termination of parental rights; Motion to continue; Motion to withdrawal; Waiver; Abuse of discretion;
In re: J.N.B., T.T.B., B.L.S., I.F.B.S. (23-690 - Unpublished)   Author: Judge Michael Stading
termination of parental rights; ultimate findings of fact; abuse and neglect
in re: K. R. H., Jr. (23-791 - Unpublished)   Author: Judge Julee Flood
TPR; abuse neglect dependency; termination of parental rights
In re: L.D. & A.W. (24-21 - Unpublished)   Author: Judge Carolyn Thompson
Abuse and neglect of minors
In re: N.V. (23-1081 - Unpublished)   Author: Judge Jeff Carpenter
Termination of Parental Rights; Indian Child Welfare Act; De Novo; Affirmed.
N.C. Farm Bureau Mut. Ins. Co., Inc. v. Mebane (22-708-2 - Unpublished)   Author: Judge Jeff Carpenter
Automotive Insurance; Underinsured Motorist Coverage; Stacking; Multiple Claimant Exception; Summary Judgment; Reversed.
State v. Barnes (23-998 - Unpublished)   Author: Judge April Wood
Discharging weapon into occupied vehicle; Multiple shots; Rule 403 analysis; Admissibility of evidence; Self-defense; Jury instructions; Lesser-included offense; Aggressor doctrine; Castle Doctrine instruction; Plain error review.
State v. Bell (24-110 - Unpublished)   Author: Judge Jefferson Griffin
Intimidating a witness; sufficiency of the evidence; intent; circumstantial evidence
State v. Clark (23-798 - Unpublished)   Author: Per Curiam
Alford plea, Motion for Appropriate Relief, Manifest injustice
State v. Colquitt (23-921 - Unpublished)   Author: Per Curiam
traffic stop, vehicle search, probable cause, K-9, dog sniff
State v. Metcalf (23-1119 - Unpublished)   Author: Per Curiam
Injury to personal property, Hit and Run, No liability insurance, Motion to Dismiss
State v. White (24-25 - Unpublished)   Author: Judge Tobias Hampson
motion to dismiss; assault on a law enforcement officer with a deadly weapon
State v. Winters (23-970 - Unpublished)   Author: Per Curiam
aggravated sentence, probation revocation, clerical error
Wonder Day P'ship v. N.C. Dep't of Transp. (23-1141 - Unpublished)   Author: Judge John Tyson
NCDOT Map Act; Inverse condemnation; Temporary Taking; Diminution in value; Tax benefits provided;
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 33 PETITIONS AND 224 MOTIONS.


Filed: 2 July 2024
Mandate: 22 July 2024
Zip File of Published Opinions

Case Title / Description
Baer v. Baer  (23-868 - Published)   Author: Judge John Tyson
DVPO- N.C Gen Stat. § 50B-1; Separation Agreement; Mediation; Validity of Agreement; Ratification; Duress; Summary Judgment; Issues of Fact;
Jessey Sports, LLC v. Intercollegiate Men's Lacrosse Coaches Ass'n, Inc.  (23-938 - Published)   Author: Judge April Wood
Motion to compel; Motion for sanctions; Abuse of discretion; Subject matter jurisdiction; Stay of trial proceedings pending appeal; N.C. Gen. Stat. § 1-294; N.C. R. Civ. P. 26; N.C. R. Civ. P. 33; N.C. R. Civ. P. 34; N.C. R. Civ. P. 37; Certificate to confer; Requirement to confer; Failure to comply with discovery order.
L.I.C. Assocs. I v. Brown  (22-1012 - Published)   Author: Judge Donna Stroud
mootness, summary ejectment, summary judgment, lease agreement, termination notice, Violence Against Women AcT
State v. Andrews  (23-675 - Published)   Author: Judge Carolyn Thompson
Attempted robbery w/a firearm; attempted discharge of firearm into occupied vehicle; first-degree kidnapping
State v. Barker  (23-1090 - Published)   Author: Judge Chris Dillon
involuntary manslaughter, misdemeanor death by vehicle, N.C. Gen. Stat. 20-145, culpable negligence, gross negligence, affirmative defense, Estate of Graham v. Lambert
State v. Duran-Rivas  (23-743 - Published)   Author: Judge John Tyson
Statutory rape of a child; Statutory sexual offense with a child; Indecent liberties with a child; Sexual exploitation of a minor; Motion to Suppress; Voluntariness Factors; Cell Phone Seizure; Imminent Destruction of Evidence; Letter of Apology;
State v. Horton  (24-29 - Published)   Author: Judge Jefferson Griffin
Obtaining property by false pretenses; sufficiency of the indictment; sufficiency of the evidence; evidence more than breach of contract; circumstantial evidence of intent
State v. Walston  (24-58 - Published)   Author: Judge Allegra Collins
petition for writ of certiorari, plea agreement, indecent liberties with a child, recidivist, sex-offender registration, prior conviction, due process, constitutional argument, Rule 2
Unpublished Opinions
2 July 2024  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 22 July 2024 

Darroux v. Novant Health, Inc. (23-947 - Unpublished)   Author: Judge Jefferson Griffin
Facility fee; Breach of contract; Notice; No error
Fairley v. Matelski (23-1166 - Unpublished)   Author: Judge April Wood
Custody action; Child custody; Legal custody; Physical custody; Challenged findings of fact; Child custody hearing; Sufficiency of the findings; Best interests standard; Best interest of child; Full legal custody to father; Substantial evidence.
French-Brown v. Alpha Modus Ventures, LLC (23-290 - Unpublished)   Author: Judge Michael Stading
Personal jurisdiction, minimum contacts, purposeful availment, due process.
Hasz v. Brittain (23-548 - Unpublished)   Author: Judge Chris Dillon
parental alienation, findings of fact, substantial change in circumstances, custody, NC Gen Stat. 50-13.7
In re: Jackson (23-386 - Unpublished)   Author: Judge Michael Stading
Estate contest; elective share; spouse's waiver of rights to brokerage account; transfer on death agreements; named beneficiaries.
Nadendla v. WakeMed (23-940 - Unpublished)   Author: Judge John Arrowood
N.C.G.S. 131E-95, motion to compel, motion to strike, in camera review, interlocutory discovery order
Otto v. Cooper (23-968 - Unpublished)   Author: Judge Allegra Collins
restrictive covenants; contract interpretation; review of summary judgment after a jury verdict
Pierson v. Sw. Airlines (23-526 - Unpublished)   Author: Judge Donna Stroud
Workers Compensation, North Carolina Industrial Commission, Parsons Presumption, Temporary Total Disability
Saintsing v. Johnson (23-1150 - Unpublished)   Author: Judge April Wood
Motion for summary judgment; Genuine issues of material fact; Licensed general contractor; Degree of control; Construction project; N.C. Gen. Stat. § 87-1(a); N.C. Gen. Stat. § 87-13.
State v. Barrett (23-1065 - Unpublished)   Author: Judge April Wood
Constructive possession; Motion to dismiss; Admission of evidence; N.C. Gen. Stat. § 15A-1226.
State v. Bowlin (23-99 - Unpublished)   Author: Per Curiam
felony breaking or entering, felony larceny, conspiracy to break or enter with intent to commit a felony therein, habitual felon status, restitution, petition for writ of certiorari
State v. Gizzi (23-733 - Unpublished)   Author: Judge John Tyson
First-degree arson; Larceny of a Motor Vehicle; Robbery with a Dangerous Weapon; Identity theft; Concealment of Human Death; Cruelty to Animals; Jury Instructions; Plain Error; Accident Defense Instruction; Ineffective Assistance of Counsel; Dismissed w/o Prejudice;
State v. Hardy (23-421 - Unpublished)   Author: Judge Michael Stading
Direct contempt of court; willfulness of contempt; court disruption; perjury on affidavit of indigency.
State v. Jamison (23-1064 - Unpublished)   Author: Judge Carolyn Thompson
Appeal from civil judgment in criminal case re: court costs/attorney fees
State v. Locklear (23-1044 - Unpublished)   Author: Judge Julee Flood
Bond forfeiture; motion to set aside; failure to appear.
State v. Mingo (23-1125 - Unpublished)   Author: Judge John Tyson
Conspiracy to commit robbery with a dangerous weapon; Jury's request to review exhibits; Jury instuctions;
State v. Richmond (24-71 - Unpublished)   Author: Judge Valerie Zachary
second-degree trespass; Anders brief; no error
State v. Strauss (23-92 - Unpublished)   Author: Judge Michael Stading
Motion to suppress; extension of traffic stop; pretrial statements; motion to dismiss; sufficiency of habitual felon indictments.
State v. White (23-1025 - Unpublished)   Author: Judge Allegra Collins
conditional discharge; probation revocation; motion to suppress; warrantless search
State v. Wolfington (23-737 - Unpublished)   Author: Judge Jefferson Griffin
Closing Arguments; Expert Vouching; No Error; Dismissed in Part; Reasonable Doubt; Abusive Statement.
Wilson v. Butterball, LLC (23-1113 - Unpublished)   Author: Judge Carolyn Thompson
Assault, workers' comp, denial of Rule 12(b)(1) and 12(b)(6) motions
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 33 PETITIONS AND 224 MOTIONS.


Filed: 18 June 2024
Mandate: 8 July 2024
Zip File of Published Opinions

Case Title / Description
Hale v. MacLeod  (23-285 - Published)   Author: Judge April Wood
Rule 12(b)(6) motion to dismiss; Fraud; Particularity requirement; N.C. R. Civ. P. (9); Unfair and deceptive trade practices; N.C. Gen. Stat. § 75-1.1; Breach of contract; Convertible Promissory Note; Securities fraud; N.C. Gen. Stat. § 78A-56; Securities exemptions; Private offering exemption.
Halikierra Cmty. Servs., LLC v. N.C. Dep't of Health & Hum. Servs.  (23-897 - Published)   Author: Judge Tobias Hampson
administrative law judge; Medicaid; Administrative Procedure Act
Lawrence v. Lawrence  (23-892 - Published)   Author: Judge April Wood
Temporary custody order; Operation of time; Acquiescence; Conversion into permanent custody order; Modification of custody.
Myers v. Broome-Edwards  (23-1027 - Published)   Author: Judge Carolyn Thompson
Violation of UDPA; self-help eviction
Sapia v. Sapia  (23-295 - Published)   Author: Judge Donna Stroud
equitable distribution, classification of property, marital property, separate property, distributive award
State v. Bruer  (23-604 - Published)   Author: Judge Allegra Collins
jury selection; motion for mistrial; N.C. Gen. Stat. 15A-1061; motion to dismiss; possession of firearm by a felon; constructive possession; shackling; N.C. Gen. Stat. 15A-1031; invited error; failure to preserve issue for appeal
State v. Cable  (23-192 - Published)   Author: Judge Jefferson Griffin
Improper storage; N.C. Gen. Stat. § 14-315.1; Involuntary manslaughter; N.C. Gen. Stat. § 14-18; Motion to dismiss; Insufficient evidence; In a condition that the firearm can be discharged; Discharged; Fire; Dry fire; Ambiguous; Rule of lenity; Statutory construction; Preservation; Rule 2; Rule 10; De novo; Underlying misdemeanor; Loaded; Unloaded; Safety mechanism; Reversed; Vacated
State v. Carpio  (23-987 - Published)   Author: Judge Julee Flood
subject matter jurisdiction; criminal pleading; indictment; misdemeanor; citation; timely objection; preservation; derivative; variance; fatal variance; Rule 10(a)(1); plain error; prejudice; reckless driving; form; substance
State v. Norris  (23-889 - Published)   Author: Judge John Tyson
Possession of firearm by a felon; Motions to Dismiss; Constructive Possession; Totality of Circumstances
State v. Rager  (23-848 - Published)   Author: Judge Allegra Collins
district court, jurisdiction, intoxicated and disruptive in public, making harassing phone calls, superior court, jury trial waiver, prejudice, sufficiency of the evidence
State v. Saddler  (22-989 - Published)   Author: Judge Chris Dillon
jailhouse phone calls, implied admission, alleged prosecutorial misconduct
State v. Watlington  (22-972 - Published)   Author: Judge Donna Stroud
State v. Chambers, juror substitution, N.C. Gen. Stat. 15-In re Civil Penalty
State v. Young  (23-608 - Published)   Author: Judge April Wood
Special jury instructions; N.C. Gen. Stat. § 1-181(a); N.C. R. Civ. P. 51(b); Submit in writing; Fingerprint evidence; Pretrial identification; Impermissibly suggestive; High likelihood of irreparable misidentification; Closing argument; Intervene ex mero motu; No prejudicial error.
The N.C. State Bar v. Key  (23-866 - Published)   Author: Judge Allegra Collins
order of discipline, misconduct, Rules of Professional Conduct, findings of fact, conclusions of law, substantial evidence, tax withholding, income taxes, trust accounting, client ledger, entrusted funds, mistrial, confidentiality, mortgage fraud, grievance process, letter of notice, discipline, suspension, disbarment, commission of felony, bad faith obstruction of the disciplinary process
Unpublished Opinions
18 June 2024  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 8 July 2024 

Arnold v. Tradewind Flight Servs., Inc. (23-1041 - Unpublished)   Author: Judge Chris Dillon
jurisdiction, federal court, prior action pending doctrine, Rule 60 motion
Consol. Distribution Corp. v. Harkins Builders, Inc. (23-914 - Unpublished)   Author: Judge Jefferson Griffin
Contact; Subcontract; Enforcement; Findings of Fact; Pass; ADA; Conformance; Affirmed
Horner v. IPP, LLC (23-1051 - Unpublished)   Author: Judge John Tyson
Express Easement; Predecessors in Title; Abandonment; Parol evidence;
In re: A.A., Jr. (23-1127 - Unpublished)   Author: Per Curiam
Right to counsel; N.C.G.S. 7B-602; critical stage; N.C.G.S. 7A-451; jurisdiction.
In re: A.M.D. (23-1085 - Unpublished)   Author: Per Curiam
intervention by caretaker, NC Gen Stat 7B-1103(b). NC Gen Stat 7B-401.1(e)
In re: A.Z. & L.Z. (23-1151 - Unpublished)   Author: Judge Julee Flood
Termination of parental rights; abuse; neglect; dependency
In re: C.J.S. (23-1056 - Unpublished)   Author: Judge Allegra Collins
termination of parental rights; no-merit brief; Rule 3.1(e)
In re: C.L., C.L., H.L. (23-1080 - Unpublished)   Author: Per Curiam
neglected juvenile, reunification efforts, NC Gen Stat 7B-901(c)
In re: D.J.N. (24-82 - Unpublished)   Author: Judge Valerie Zachary
termination of parental rights; UCCJEA; subject-matter jurisdiction; temporary emergency jurisdiction; willfully leaving the juvenile in foster care for 12 months; best interests of the juvenile
In re: E.H.J. (23-1146 - Unpublished)   Author: Judge Allegra Collins
Termination of Parental Rights; Neglect
In re: G.L.B. (24-97 - Unpublished)   Author: Judge Tobias Hampson
termination of parental rights; neglect; no-merit brief
In re: J.G., J.G. (23-1163 - Unpublished)   Author: Per Curiam
Termination of Parental Rights; No Merit Brief
In re: K.R.M-A. (23-769 - Unpublished)   Author: Judge Jefferson Griffin
Adjudication; Abused and neglected; No merit brief; Pro se brief; Affirmed
In re: Q.L-M.Y. (23-698 - Unpublished)   Author: Judge Jeff Carpenter
Termination of Parental Rights, Failure to Legitimate Paternity; Affirmed.
In re: Z.M.C.B. (23-1024 - Unpublished)   Author: Judge Jefferson Griffin
Termination of Parental Rights; N.C.G.S. 7B-1111(a)(3); willful failure to pay child support to petitioner agency; parent employed and able to pay; evidence of ability to pay unnecessary
Khouri v. Affordable Auto Prot., LLC (23-284 - Unpublished)   Author: Judge Michael Stading
Personal jurisdiction; minimum contacts
Scott v. Radeas LLC (23-1121 - Unpublished)   Author: Judge John Arrowood
summary judgment, employment, wrongful termination in violation of public policy
Smith v. Smith (23-653 - Unpublished)   Author: Judge Tobias Hampson
Custody modification; civil contempt; attorney fees
State v. Bryant (23-988 - Unpublished)   Author: Judge Allegra Collins
first-degree arson, testimony, plain error review, personal knowledge, hearsay, excited utterance, overwhelming evidence of guilt, sentencing testimony, mitigating factors
State v. Hegwood (23-1040 - Unpublished)   Author: Judge Carolyn Thompson
Assault inflicting serious bodily injury
State v. Ingram (23-748 - Unpublished)   Author: Judge Hunter Murphy
post-deliberation juror substitution, conflict between statute and constitution, new trial
State v. Morton (23-677 - Unpublished)   Author: Per Curiam
Rule 403, Rule 404(b), prior conviction, sex offenses
State v. Moseley (23-1021 - Unpublished)   Author: Judge April Wood
Taking indecent liberties with a child; N.C. Gen. Stat. § 14-202.1(a)(2); For the purpose of arousing or gratifying sexual desire; Upon the body; Motion to dismiss.
State v. Noriega (23-724 - Unpublished)   Author: Judge Carolyn Thompson
Evidence/jury instruction errors by trial court in drug possession case
State v. Potter (23-1112 - Unpublished)   Author: Judge John Arrowood
motion to suppress, probable cause, automobile exception, constructive possession, anticipatory bond
State v. Potts (23-699 - Unpublished)   Author: Judge Allegra Collins
motion to suppress; warrantless searches and seizures; probable cause; motion to dismiss; trafficking in cocaine by transportation
State v. Simmons (23-1019 - Unpublished)   Author: Judge Tobias Hampson
Self-defense, jury instruction, defense of others
State v. Sinclair (24-85 - Unpublished)   Author: Per Curiam
Alford Plea Prior Record Level Anders Brief
State v. Strickland (23-812 - Unpublished)   Author: Per Curiam
remand for resentencing, NC Gen Stat 20-179
State v. Teasley (23-600 - Unpublished)   Author: Judge Tobias Hampson
Motion to Dismiss; Witness Drug Impairment, Attorney Fees
State v. Tilghman (23-1149 - Unpublished)   Author: Judge Jeff Carpenter
Probation Revocation; Probation Violation Report; Willful Violation; New Criminal Offense; Clerical Error; Affirmed & Remanded.
State v. Williams (22-1035 - Unpublished)   Author: Judge Michael Stading
limitation of cross-examination; motion to dismiss for insufficiency of evidence; kidnapping and robbery; double jeopardy; felony larceny; and fair market value of stolen items; stipulation of prior record; notice of intent to prove sentencing point; waiver of notice; inquiry under Blakely Act.
Wolf v. Swift (23-1137 - Unpublished)   Author: Per Curiam
motion for summary judgment, interlocutory, Rule 54(b).
Woody v. Vickrey (22-776 - Unpublished)   Author: Judge Hunter Murphy
appeals from interlocutory orders, review of sanctions orders, representation of multiple persons.
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 33 PETITIONS AND 224 MOTIONS.


Filed: 4 June 2024
Mandate: 24 June 2024
Zip File of Published Opinions

Case Title / Description
Dixon v. N.C. Dep't of Health & Hum. Servs.  (24-79 - Published)   Author: Judge John Arrowood
Summary judgment; demotion; N.C.G.S. 126-35; pending discovery.
In re: E.E., S.M.E., H.L., C.L.  (23-974 - Published)   Author: Judge Tobias Hampson
motion to remove party; legal custodian; abuse and neglect
In re: E.H. & R.H.  (23-864 - Published)   Author: Judge John Tyson
Abuse and Neglect; Initial Adjudication; Unexplained injuries; Unsupported findings; Removal from home;
In re: Howell  (23-1050 - Published)   Author: Judge Jeff Carpenter
Caveat; Will; Undue Influence; Bond; Rule 41; Dismissal; No Abuse of Discretion.
RM Contractors, LLC v. Wiggins  (23-978 - Published)   Author: Judge Jeff Carpenter
Interlocutory Order; Substantial Right; Claim of Lien; Perfection, Priority; Breach of Contract; Summary Judgment.
State v. Ditty  (23-141 - Published)   Author: Judge Hunter Murphy
order rendered, order entered, enforcement of withdrawn plea agreement, detrimental reliance
State v. Guzman  (23-412 - Published)   Author: Judge Fred Gore
N.C.G.S. § 15A-291(c); N.C.G.S. §§ 15A-262 and 15A-263; judicial recusal; wiretap orders; ping orders
State v. Lail  (23-845 - Published)   Author: Judge Jeff Carpenter
Rule 403 Balancing; Substantially More Prejudicial Than Probative; Abuse of Discretion; Wrongful Exclusion of Impeachment Evidence; Credibility; Jury Question; Prejudice; New Trial.
State v. McNeil  (23-977 - Published)   Author: Judge April Wood
Possession; Constructive possession; Close juxtaposition; Controlled delivery; Power to control; Lesser-included offense; Methamphetamine; Other incriminating circumstances; Motion to dismiss.
State v. Montanino  (23-409 - Published)   Author: Judge Chris Dillon
felony murder, felonious larceny, misdemeanor larceny, misdemeanor manslaughter, involuntary manslaughter
State v. Primm  (23-949 - Published)   Author: Judge April Wood
Solicitation of a child by computer or other electronic device; N.C. Gen. Stat. § 14-202.3(a); Knowingly solicited; Motion to dismiss; Substantial evidence; Contradictions and discrepancies are for the jury to resolve.
State v. Robinson  (23-564 - Published)   Author: Judge Julee Flood
N.C. Gen. Stat. 15A-534; N.C. Gen. Stat. 15A-1431; right to a jury trial; right to be free from unreasonable seizures; secured bond; unsecured bond; modification of pretrial release conditions
State v. Scott  (23-936 - Published)   Author: Judge Jefferson Griffin
Withdrawal of guilty plea; Handy factors; fair and just reason; petition for certiorari
Sunshine v. Sunshine  (23-559 - Published)   Author: Judge Allegra Collins
alimony, depression of income, imputation of income, accustomed standard of living, savings
White v. Brave Quest Corp.  (23-928 - Published)   Author: Judge Julee Flood
sanctions; interlocutory appeal; Rule 3; discovery order
Unpublished Opinions
4 June 2024  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 24 June 2024 

Beck v. DePaolo (23-764 - Unpublished)   Author: Judge April Wood
Interlocutory appeal; Possibility of inconsistent verdicts; Medical malpractice; Proximate causation; Plaintiff’s burden of proof in a medical malpractice claim; Expert witness testimony; N.C. R. Civ. P. 9(j)(1).
Brooks v. Cunningham (23-1074 - Unpublished)   Author: Judge Julee Flood
attorneys fees; contempt; motion to strike; motion to amend
Hoffman v. Curry (23-398 - Unpublished)   Author: Judge Michael Stading
child custody; civil contempt; interlocutory appeal; final judgment; substantial right; child's best interests; willfulness
In re: E.C., M.S., M.S., L.C., M.S., M.S., A.C. (23-1128 - Unpublished)   Author: Per Curiam
Termination of parental rights
In re: H.D.B., R.B., & R.B. (23-893 - Unpublished)   Author: Judge John Tyson
Termination of parental rights; Subject Matter Jurisdiction; Home state of juvenile; Change in permanent plan; Best interests determination; Likelihood of Adoption;
In re: I.F., B.F., M.F. (23-888 - Unpublished)   Author: Per Curiam
juvenile petitions; dependency; neglect; motion to strike brief; guardian ad litem; notice of appeal; certiorari
In re: J.R.S. (23-976 - Unpublished)   Author: Judge Fred Gore
termination of parental rights; substance abuse treatment; failure to make reasonable progress under the circumstances; N.C.G.S. § 7B-1111(a)(2); extremely limited progress; dependency; N.C.G.S. § 7B-1111(a)(6); challenged findings of fact.
In re: K.E.L. & V.P.L. (23-972 - Unpublished)   Author: Per Curiam
Rule 3.1; Juveniles; Neglect; Termination of Parental Rights; Clear Cogent and Convincing Evidence; Affirmed.
In re: K.S. (24-65 - Unpublished)   Author: Judge Fred Gore
juvenile level 3 disposition and commitment order; violation of probation; predisposition report; N.C.G.S. § 7B-2413; comprehensive clinical assessment; N.C.G.S. § 7B-2502(a4); consideration of all relevant statutory factors; N.C.G.S. § 7B-2501(c).
In re: White Oak Missionary Baptist Church (23-441 - Unpublished)   Author: Judge Chris Dillon
appointment of receiver, affidavit, Civ. Pro. R. 6(d), N.C. Gen. Stat. 1-507.24(e)
Mashburn v. Chandler (23-1042 - Unpublished)   Author: Judge John Arrowood
evidentiary challenges, quiet title, placing property "on the ground", Marketable Title Act, failure to plead issue
Raper v. Raper (23-922 - Unpublished)   Author: Judge Jefferson Griffin
Motion to dismiss; Third-party complaint; Equitable distribution; Interlocutory; Dismissed
Robbins v. Robbins (23-860 - Unpublished)   Author: Judge John Tyson
Separation Agreement; N.C. R. App. P. 3; Appellate Jurisdiction; Appeal from wrong number; Untimely Notice of Appeal;
State v. Alston (23-999 - Unpublished)   Author: Judge Fred Gore
assault with a deadly weapon; discharging a firearm into an occupied vehicle; aggressor doctrine; jury instruction supported by the evidence.
State v. Bannister (24-66 - Unpublished)   Author: Judge John Arrowood
N.C.G.S. 14.190; indecent exposure; public place.
State v. Davis (23-795 - Unpublished)   Author: Judge April Wood
Driving while impaired; DWI; Appreciable impairment; Motion to dismiss; N.C. Gen. Stat. § 20-138.1(a).
State v. Durner (22-545 - Unpublished)   Author: Judge Jeff Carpenter
Second-Degree Murder; Motions to Dismiss; Malice; Self-Defense; Hearsay; Residual Exception; Character Evidence; Modus Operandi; Affidavits; Foundation; Personal Knowledge; Unavailable Declarants; No Ineffective Assistance of Counsel.
State v. Frizzell (23-237 - Unpublished)   Author: Judge Jeff Carpenter
Indecent Liberties; Expert Testimony; Vouching; Redaction; Preservation; Charge Conference; Aggravating Factors; Abuse of Position of Trust or Confidence.
State v. Gomez (23-1129 - Unpublished)   Author: Judge Fred Gore
trafficking in fentanyl by possession and transportation; jury instruction; footnote 6 to N.C.P.I. (Crim) 260.17 and 260.30; plain error review; mental state; element of knowledge; determinative issue of fact; defendant’s evidence.
State v. Green (23-475 - Unpublished)   Author: Judge Jeff Carpenter
Warrantless Search; Consent; Motion to Suppress; Preservation; N.C. R. App. P. 10; Dismissed.
State v. Hinton (23-673 - Unpublished)   Author: Per Curiam
no-merit brief, prejudicial error, full review of the record
State v. McDuffie (23-836 - Unpublished)   Author: Judge Fred Gore
second-degree murder; lesser-included offense jury instruction; involuntary manslaughter
State v. McNair (23-541 - Unpublished)   Author: Judge Valerie Zachary
second-degree burglary; motion to dismiss; substantial evidence; reasonable inference; restitution; competent evidence
State v. Morales (23-708 - Unpublished)   Author: Judge Jeff Carpenter
Driving While Impaired; Speeding; Allen Charge; Jury Instructions; No Error.
State v. Palmer (23-901 - Unpublished)   Author: Judge Allegra Collins
waiver of counsel; lesser included offenses
State v. Price (22-915 - Unpublished)   Author: Judge Hunter Murphy
Anders brief review, no meritorious issues, no prejudicial error
State v. Rangel (23-966 - Unpublished)   Author: Judge John Arrowood
PWC, Anders brief, petition for DNA testing
State v. Talley (23-804 - Unpublished)   Author: Judge Tobias Hampson
motion to dismiss; larceny; conspiracy; sufficiency of evidence
State v. Webster (23-956 - Unpublished)   Author: Judge John Arrowood
plain error in jury instruction for constructive possession, failure to intervene ex mero motu in closing argument
Weiss v. Cont'l Aerospace Techs., Inc. (23-907 - Unpublished)   Author: Judge Tobias Hampson
Interlocutory, Final Judgment, Statute of Repose, Product liability
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 33 PETITIONS AND 224 MOTIONS.


Filed: 21 May 2024
Mandate: 10 June 2024
Zip File of Published Opinions

Case Title / Description
Alderete v. Sunbelt Furniture Xpress, Inc.  (23-896 - Published)   Author: Judge Carolyn Thompson
Workers' compensation
Brown v. Caruso Homes, Inc.  (23-1014 - Published)   Author: Judge Julee Flood
attorney’s fees; abuse of discretion; reasonableness; findings of fact; North Carolina Wage and Hour Act
Cottle v. Mankin  (22-633 - Published)   Author: Judge Chris Dillon
negligent retention, medical malpractice, summary judgment, statute of repose, NCGS 90-21.11
Deanes v. Deanes  (23-56 - Published)   Author: Judge Donna Stroud
third party standing, child custody, intervention, constitutionally protected status
In re: B.L.M-S.  (23-960 - Published)   Author: Judge John Arrowood
abused and neglected juvenile; visitation; reunification efforts; no-contact order
In re: T.R.W., T.D.Y.J.W., & T.Z.A.M.W.  (23-1007 - Published)   Author: Judge Allegra Collins
termination of parental rights; neglect; lack of progress; guardianship; permanency;
State v. Juran  (23-881 - Published)   Author: Judge Jefferson Griffin
Assault on an emergency personnel; Error; Plain error; Unanimous jury verdict; Jury instruction; Verdict sheet; Evidence; Fatal variance; Indictment; PWC; Motion to dismiss; Sufficient evidence; Substantial evidence; Preservation of fatal variance issue; Object at trial; Motion to dismiss at the close of all evidence; No error
State v. Melton  (23-411 - Published)   Author: Judge Jefferson Griffin
Structural error; Motion to withdraw; Motion for continuance; Court-appointed counsel; Private counsel; Substitution; Sixth Amendment; Ineffective assistance of counsel; Balancing test; Prejudice; Judicial economy; No error
State v. Radomski  (23-340 - Published)   Author: Judge Hunter Murphy
second amendment, as-applied challenge, mens rea, educational property.
Unpublished Opinions
21 May 2024  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 10 June 2024 

Coggin v. Brennan (23-802 - Unpublished)   Author: Judge John Arrowood
Child custody modification; substantial change in circumstances; effect on the minor child; final decision-making authority.
Cox v. Sadovnikov (23-657 - Unpublished)   Author: Judge Chris Dillon
custody dispute, UCCJEA, non-parent third party standing, home state jurisdiction, clear & convincing evidence, biological parents constitutional protections
In re: A.D. (23-1143 - Unpublished)   Author: Judge Julee Flood
termination of parental rights; neglect; incarceration; findings of fact; clear, cogent, and convincing evidence.
In re: A.S.C. (23-1018 - Unpublished)   Author: Judge April Wood
Indian Child Welfare Act; ICWA; Reason to know; 25 U.S.C. § 1911; 25 U.S.C. § 1912; Indian Tribe; Cherokee Tribe; Notice requirement; Work with members of the Indian Tribe; 25 C.F.R. § 23.111; ICWA burden.
In re: B.B.P. (23-1086 - Unpublished)   Author: Judge Michael Stading
termination of parental rights; denial of motion to continue; challenged findings of fact; neglected juvenile; best interests
In re: D.B.R. (23-985 - Unpublished)   Author: Judge Tobias Hampson
Involuntary commitment, outpatient, findings of fact, form order
In re: G.H. (23-939 - Unpublished)   Author: Judge Fred Gore
juvenile delinquency petitions; State’s limited statutory right to appeal in delinquency cases; N.C.G.S. § 7B-2604(b); motion to dismiss appeal granted; petition for writ of certiorari denied.
In re: J.H. (23-543 - Unpublished)   Author: Judge Chris Dillon
neglected juvenile, physical discipline, incomplete transcript, parental psychological evaluation
In re: K.L.D. (23-903 - Unpublished)   Author: Judge Donna Stroud
permanency planning order, visitation, guardianship, motion to continue
In re: M.R., M.R., K.R. (23-904 - Unpublished)   Author: Judge Jefferson Griffin
Adjudication; disposition; dependency; custody; visitation; subject matter jurisdiction; juvenile petition
State v. Anderson (22-970 - Unpublished)   Author: Judge Donna Stroud
second-degree murder, motion to dismiss, proximate cause, jury instructions, closing arguments
State v. Brown (23-393 - Unpublished)   Author: Judge Jeff Carpenter
Batson Challenge; Jury Selection; United States Constitution; Equal Protection Clause; North Carolina Constitution; Article I, Section 26; No Clear Error.
State v. Burgess (23-846 - Unpublished)   Author: Judge Carolyn Thompson
Revocation of probation
State v. Cochran (22-885 - Unpublished)   Author: Judge Hunter Murphy
prolonged stop, preservation of suppression arguments, trafficking by possession.
State v. Davis (23-931 - Unpublished)   Author: Judge Chris Dillon
jury instruction misplaced word, sex offender registration
State v. Gilmore (23-300 - Unpublished)   Author: Judge Donna Stroud
indictment, fatal variance, larceny
State v. Jackson (22-982 - Unpublished)   Author: Judge Michael Stading
Alford plea; motion to withdraw plea; ineffective assistance of counsel; Handy factors
State v. Love (23-1123 - Unpublished)   Author: Judge Fred Gore
no statutory authority to set aside bond forfeiture under N.C.G.S. § 15A-544.5(f); defendant failed to appear on two or more prior occasions in the case for which the bond was executed; clearly marked release order; actual notice.
State v. MacKay (23-718 - Unpublished)   Author: Judge Donna Stroud
use of the word "victim," plain error review
State v. Pica (23-873 - Unpublished)   Author: Judge Jefferson Griffin
Possession of firearm by felon; actual possession; constructive possession; incriminating circumstances; sufficiency of evidence; motion to dismiss
State v. Thomas (23-736 - Unpublished)   Author: Judge April Wood
Petition for Writ of Certiorari; Satellite-based Monitoring orders; Failure to include order in notice of appeal; Sufficiency of the findings; 404(b) evidence; Prior conviction of a similar nature; Common scheme or plan; Level of supervision; Risk assessment; Static-99R form; Competent evidence to support trial court’s additional findings of fact; Above average risk.
State v. Watrous (23-668 - Unpublished)   Author: Judge Jeff Carpenter
Motion to Dismiss; N.C. Gen. Stat. § 90-108(a)(7); Methamphetamine; Paraphernalia; Possession; Constructive Possession; Lay Testimony; No Plain Error.
State v. Wilson (23-525 - Unpublished)   Author: Judge April Wood
Second-degree kidnapping; N.C. Gen. Stat. § 14-39; Acting in concert; Facilitating the commission of any felony or facilitating flight of any person following the commission of a felony; N.C. Gen. Stat. § 20-166; Felony hit and run; Motion to dismiss; N.C. R. Evid. 403(b).
State v. Young (23-952 - Unpublished)   Author: Judge John Arrowood
motion to suppress, Rule 404(b), undisclosed state's witness, conditional discharge
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 33 PETITIONS AND 224 MOTIONS.


Filed: 7 May 2024
Mandate: 28 May 2024
Zip File of Published Opinions

Case Title / Description
Aguilar v. Mayen  (23-700 - Published)   Author: Judge April Wood
Child custody; Best interests; Findings of fact must support conclusions of law; Sufficiency of the trial court's findings; Consider all relevant factors; N.C. Gen. Stat. § 50-13.2.
Carballo v. Carballo  (23-796 - Published)   Author: Judge Allegra Collins
modification of child custody, best interest, visitation, findings of fact, delegation of judicial authority
Gabbidon Builders, LLC v N.C. Licensing Bd. for Gen. Contractors  (23-1010 - Published)   Author: Judge Valerie Zachary
administrative law; due process; subpoena; virtual testimony
Haythe v. Haythe  (23-792 - Published)   Author: Judge John Arrowood
alimony, attorney's fees, contempt, holding equitable distribution in trust.
Hoaglin v. Duke Univ. Health Sys., Inc.  (23-546 - Published)   Author: Judge Jeff Carpenter
Summary Judgment; Contracts; Americans with Disabilities Act; Discrimination; Failure to Accommodate; Retaliation; Rule 37; Attorneys’ Fees.
In re: Bartko  (23-980 - Published)   Author: Judge John Tyson
Reinstatement of Law License; Disciplinary Hearing Commission; Completion of Sentence; Payment of Restitution; Restoration of Citizenship; State Bar Council appellate jurisdiction;
In re: D.J.Y.  (23-1079 - Published)   Author: Judge April Wood
Subject matter jurisdiction; Court counselor; Approve a petition for filing; Adjudication and disposition; Orders void ab initio; N.C. Gen. Stat. § 7B-1706(a); N.C. Gen. Stat. § 7B-1703(b).
In re: D.R.F. Jr.  (23-473 - Published)   Author: Judge Tobias Hampson
Juvenile Adjudication Order; Secure Custody; Motion to Dismiss
In re: J.O.  (23-744 - Published)   Author: Judge Donna Stroud
guardianship, permanency planning order, visitation, preservation
In re: M.G.B., T.J.B., H.E.D.  (23-853 - Published)   Author: Judge Tobias Hampson
Permanency planning, reunification, factual findings, DSS reasonable efforts, guardian ad litem, sexual abuse, burden of proof
Jones v. Corn  (23-927 - Published)   Author: Judge Jeff Carpenter
Estate Planning; Deeds; Undue Influence; Capacity; Conversion; Reformation; JNOV; New trial; Affirmed.
Jones v. N.C. Dep't of Pub. Safety  (23-591 - Published)   Author: Judge Allegra Collins
inmate, assault, Tort Claims Act, negligence, notice, Industrial Commission, notice of appeal, cross-appeal
McMillan v. Faulk  (23-827 - Published)   Author: Judge Allegra Collins
interlocutory appeals; collateral estoppel
Real Time Resolutions, Inc. v. Cole  (23-464 - Published)   Author: Judge Fred Gore
oreclosure; N.C.G.S. § 1-47(3); statute of limitations; home equity credit line agreement; acceleration of the note; clerical error.
Scott v. Scott  (23-263 - Published)   Author: Judge Donna Stroud
jurisdiction of trial court to modify custody
Sneed v. Johnston  (23-446 - Published)   Author: Judge Tobias Hampson
equitable distribution; motion to reopen evidence; business valuation
State v. Boyd  (23-984 - Published)   Author: Judge John Tyson
Anticipatory Search Warrant; Trafficking cocaine & marijuana; Guilty Plea; Motion to Suppress preserved; Totality of the Circumstances;
State v. Buck  (23-606 - Published)   Author: Judge Jeff Carpenter
Statutory Interpretation; “Crash”; Motion to Arrest Judgment; Motion to Dismiss; Jury Instructions; Clerical Error.
State v. Crowder  (23-833 - Published)   Author: Judge Chris Dillon
short form indictments, second degree forcible sex offense, N.C. Gen. Stat. 15-144.2(c)
State v. Doherty  (23-820 - Published)   Author: Judge Julee Flood
motion to dismiss; felony cruelty to animals; cruelly beat; statutory interpretation; plain language; dictionary definition; invited error; plain error; lesser included offense
State v. Fernanders  (23-837 - Published)   Author: Judge Fred Gore
N.C. R. Evid. 404(b) prejudicial error review; N.C. R. Evid. 701 prejudicial error review; N.C. R. Evid. 403; motion to sever charges; N.C. R. Evid. 702(a)(1), (a)(3).
State v. Gibbs  (23-566 - Published)   Author: Judge Tobias Hampson
fatal variance; motion to dismiss; jury instructions; consecutive sentences
State v. Groat  (23-703 - Published)   Author: Judge Jeff Carpenter
Motion to Sever; Unpreserved; Motion to Dismiss; Attempted First Degree Kidnapping; No Error.
State v. Heyne  (23-224 - Published)   Author: Judge Allegra Collins
expert testimony; lay opinion testimony; improper jury arguments
State v. Montgomery  (23-720 - Published)   Author: Judge Hunter Murphy
requested replay of evidence, actual and constructive possession, motion to dismiss.
State v. Norman  (23-471 - Published)   Author: Judge John Tyson
Injury to real property; Safecracking; Breaking and entering; Larceny after breaking and intering; Injury to personal property; Probable cause; Inevitable discovery; Knock and talk; Securing the scene; 4th Amendment;
State v. Ramirez  (23-965 - Published)   Author: Judge Allegra Collins
preservation, appellate review, offer of proof, dismiss, exclusion of testimony, prejudice, overwhelming evidence of guilt, clerical errors, written judgment, remand
State v. Simpson  (23-676 - Published)   Author: Judge Carolyn Thompson
TC erred by not giving notice to or engaging in colloquy with defendant regarding attorney's fees.
State v. Vaughn  (23-337 - Published)   Author: Judge Allegra Collins
first-degree murder, possession of a weapon of mass death and destruction, jury instructions, stand-your-ground provision, defense of habitation, defense of justification, causal nexus requirement, prejudicial error
Warren v. Cielo Ventures, Inc.  (22-926 - Published)   Author: Judge Michael Stading
Unfair and Deceptive Trade Practices Act; N.C. Gen. Stat. Sec. 75-1.1; statute of limitations; limitations of liability clause
Wenninger v. Wenninger  (23-741 - Published)   Author: Judge Valerie Zachary
equitable distribution; property in trust; jurisdiction; joinder of necessary parties
White v. N.C. Dep't of Health & Hum. Servs.  (23-529 - Published)   Author: Judge Valerie Zachary
adoption assistance benefits; administrative law; standard of review
Wilson Ratledge, PLLC v. JJJ Fam., LP  (23-959 - Published)   Author: Judge John Arrowood
personal jurisdiction, general and specific jurisdiction.
Unpublished Opinions
7 May 2024  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 28 May 2024 

Arnold v. Sweyer & Assocs., Inc. (23-640 - Unpublished)   Author: Judge Valerie Zachary
restrictive covenants; summary judgment; involuntary dismissal
Blackmon v. Blackmon (23-538 - Unpublished)   Author: Judge Chris Dillon
equitable distribution, sanctions, mixed assets, marital fault
DiMuzio v. DiMuzio (23-494 - Unpublished)   Author: Judge Jefferson Griffin
Alimony determination; amount and duration; competent evidence; prior post-separation support findings not binding on alimony award; statutorily required findings for N.C. Gen. Stat. § 50-16.3A(b)(8)
Hanson v. Marten Transp., Ltd. (23-843 - Unpublished)   Author: Judge Valerie Zachary
workers' compensation; findings of fact; compensable injury; causation; credibility of witnesses
Hurd v. Priority Auto. Huntersville, Inc. (23-1104 - Unpublished)   Author: Judge Jefferson Griffin
Motion to dismiss, N.C. R. Civ. P. 12(b)(6), Failure to state a claim, sufficiency of complaint, Unfair and deceptive trade practice, fraud, fraudulent concealment, automobile dealership, reversed and remanded
In re: A.F.L. & M.R.L.L. (23-1059 - Unpublished)   Author: Judge Julee Flood
termination of parental rights; best interests; abuse of discretion; reweigh; unchallenged findings; binding; N.C. Gen. Stat. Section 7B-1110(a); adoption; bond; wishes of the juvenile
In re: C.D.G., H.J.G. (23-894 - Unpublished)   Author: Judge April Wood
N.C. Gen. Stat. § 7B-1110(a); Dispositional factors; Best interest of the child; Consideration of statutory factors; Bond between child and parent; Likelihood of adoption; Lack of proposed adoptive placement.
In re: M.K.P-C. (23-1075 - Unpublished)   Author: Judge Carolyn Thompson
Termination of parental rights
In re: Z.M., L.M., H.M. (23-829 - Unpublished)   Author: Judge John Arrowood
subject matter jurisdiction; nonsecure custody orders; permanency planning orders; eliminating reunification from permanency plan; reasonable efforts.
In re: Z.S. & J.C.M. (23-850 - Unpublished)   Author: Judge Allegra Collins
adjudication, neglect, substantial risk of impairment
Jones v. Corn (23-935 - Unpublished)   Author: Judge Jeff Carpenter
Estate Planning; Deeds; Undue Influence; Capacity; Conversion; Reformation; JNOV; New trial; Affirmed.
Kent v. Johnson (22-1060 - Unpublished)   Author: Judge Michael Stading
subject matter jurisdiction; temporary child custody order; natural parent's paramount status; non-parent custody
Kustom U.S., Inc. v. Bryant (23-370 - Unpublished)   Author: Judge Hunter Murphy
breach of contract, discovery sanctions, admissions
Norman v. Allstate Ins. Co. (23-1111 - Unpublished)   Author: Judge Julee Flood
12(b)(6); allegations; sufficient; unfair and deceptive trade practices; third party; claimant; insurer; adverse party
State v. Afzal (23-800 - Unpublished)   Author: Judge Jeff Carpenter
Subject Matter Jurisdiction; Indictment; Essential Element; Kidnapping; Felonious Restraint; Vacated.
State v. Allen (23-831 - Unpublished)   Author: Judge Tobias Hampson
plain error; leading question; hearsay
State v. Anderson (23-169 - Unpublished)   Author: Judge Michael Stading
motion for appropriate relief; verdict impeachment; confrontation clause; hearsay
State v. Arold (23-1076 - Unpublished)   Author: Judge Jefferson Griffin
Right to presence; Sixth and Fourteenth amendments; Jury question; N.C. R. App. P. 10(a)(1); Objection; Failure to preserve; Dismissed
State v. Best (22-856 - Unpublished)   Author: Judge Donna Stroud
self defense, aggressor doctrine, jury instructions
State v. Bullock (23-818 - Unpublished)   Author: Judge Valerie Zachary
motion to dismiss; discharging a firearm into a vehicle; muzzle velocity; jury instructions; flight
State v. Carpenter (23-867 - Unpublished)   Author: Judge Valerie Zachary
certiorari; revocation of probation; findings of fact; good cause
State v. Chinnas (23-706 - Unpublished)   Author: Judge Valerie Zachary
cruelty to animals; motion to dismiss; special condition of probation; Rule 2
State v. El (23-745 - Unpublished)   Author: Judge Chris Dillon
reasonable search, roadside search, intrusive means
State v. Frank (23-695 - Unpublished)   Author: Judge Jefferson Griffin
Petition for writ of certiorari, N.C. R. Evid. 404(b), N.C. R. Evid. 403, Sentencing, Statutory mandate, evidence, indecent liberties with a child, indecent liberties with a minor, first-degree sexual offense
State v. Fraser (23-670 - Unpublished)   Author: Judge Jefferson Griffin
Motion to dismiss, sufficiency of the evidence, discharging a weapon into an occupied vehicle, hearsay, identity, common scheme or plan, intent
State v. Glendening (23-366 - Unpublished)   Author: Judge Tobias Hampson
Rule 404(b); prior acts evidence; Rule 403
State v. Greer (23-926 - Unpublished)   Author: Judge Allegra Collins
stipulation to prior convictions; record level worksheet; stipulation to out-of-state felony conviction; sentencing; NC Gen Stat 15A-1340.14(e)
State v. Grice (23-1058 - Unpublished)   Author: Judge Jeff Carpenter
Clerical Error; Judgment; Rule 4; PWC; Remanded.
State v. Hammond (23-1118 - Unpublished)   Author: Judge Julee Flood
jurisdictional defect; designate; serve; probation; revocation; hearing; reasonably satisfy; willful; violated; abuse of discretion; abscond; notice; finding; good cause; remand
State v. Hemingway (23-275 - Unpublished)   Author: Judge Hunter Murphy
probation revocation, right to confrontation, abuse of discretion.
State v. Hill (23-910 - Unpublished)   Author: Judge John Arrowood
Probation revocation; right to confrontation; N.C.G.S. § 15A-1345(e); finding of good cause; non-revocable violations; clerical error.
State v. Jackson (23-1054 - Unpublished)   Author: Judge Jefferson Griffin
Anders brief; possible issues of sentencing, indictment sufficiency, sex offender registration; no meritorious issues; wholly frivolous
State v. Kelliher (23-691 - Unpublished)   Author: Judge Hunter Murphy
Miller resentencing, appellate mandate, limited remand
State v. Kuers (23-486 - Unpublished)   Author: Judge Chris Dillon
possession of a firearm by a felon, defendant's choice not to testify, motion to fire appointed counsel
State v. O'Buckley (23-1034 - Unpublished)   Author: Judge Fred Gore
motion for a mistrial; N.C.G.S. § 14-7.5; pending indictment; habitual felon status; substantial prior criminal record; curative instruction; no abuse of discretion; no substantial or irreparable prejudice to defendant’s case.
State v. Saunders (23-916 - Unpublished)   Author: Judge Julee Flood
license and registration checkpoint; driving while under the influence; motion to suppress; preservation; constitutional law; findings of fact.
State v. Shepard (23-824 - Unpublished)   Author: Judge John Tyson
Rape of a child by adult N.C. Gen. Stat. § 14-27.23; Cross examination; Prior inconsistent statement; Rule 412 - Rape Shield; Unpreserved objections; Rule 403; Delayed Reporting; Victim Impact Evidence; Plain error;
State v. Smith (22-621 - Unpublished)   Author: Judge Michael Stading
Driving While Impaired; Motion for Appropriate Relief; Petition for Writ of Certiorari; Withdrawal of Plea; Voluntary Plea; Collateral Consequences of Plea
State v. Speight (23-815 - Unpublished)   Author: Judge April Wood
Anders brief; N.C. Gen. Stat. § 15A-1444; Guilty plea; Frivolous appeal
State v. Whitaker (23-569 - Unpublished)   Author: Judge April Wood
Self-defense; Stand Your Ground Doctrine; N.C. Gen. Stat. § 14-51.3; Castle Doctrine presumption; N.C. Gen. Stat. § 14-51.2; Curtilage.
State v. Wynne (23-586 - Unpublished)   Author: Judge Carolyn Thompson
Statutory sex offense with a child by an adult
Williams v. N.C. Dep't of Adult Corr. (23-876 - Unpublished)   Author: Judge April Wood
Industrial Commission; Full Commission Order; Negligence; Causation; Proximate Cause; Expert medical testimony; Tort Claims Act; Pain and suffering.
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 33 PETITIONS AND 224 MOTIONS.


Filed: 16 April 2024
Mandate: 6 May 2024
Zip File of Published Opinions

Case Title / Description
Bost v. Brown  (23-855 - Published)   Author: Judge Julee Flood
Interlocutory; summary judgment; issue of material fact; issue of law; deed; conveyance; ambiguous deed; inconsistent clauses; effect; intent; N.C. Gen. Stat. Section 39-1.1(a); deed construction; tenancy by the entirety; intestacy; heirs; estate; interest
Hernandez v. Hajoca Corp.  (23-1001 - Published)   Author: Judge John Tyson
Jurisdiction Industrial Commission; Jurisdiction of Superior Court; Third-Party Complaint; Exclusivity Provision of Workers Compensation Act; Indemnification and Contribution;
In re: L.C.  (23-759 - Published)   Author: Judge Julee Flood
Child care; termination of parental rights; neglect; adjudication; jurisdiction; parent; parentage; definition; legal status; rights; impairment
N.C. Bar & Tavern Ass'n v. Cooper  (22-725 - Published)   Author: Judge April Wood
COVID-19; Executive Orders; Closure of businesses; Closures of bars; Fruits of Labor Clause; N.C. Const. art. I, § 1; Equal Protection; N.C. Const. art. I, § 19; Emergency Management Act; N.C. Gen. Stat. § 166A-19.73; Public Records Act; N.C. Gen. Stat. § 132-9; N.C. Gen. Stat. § 7A-38.3E; Takings clause; Fifth Amendment; Regulatory taking; Compensation; Attorneys’ fees.
Schroeder v. The Oak Grove Farm Homeowners Ass'n  (22-919 - Published)   Author: Judge Donna Stroud
restrictive covenants, directed verdict, judgment notwithstanding the verdict, household pets, commercial purpose
State v. Dobson  (23-568 - Published)   Author: Judge Valerie Zachary
motion to suppress; vehicle search; industrial hemp; odor of marijuana; probable cause
State v. Grant  (23-656 - Published)   Author: Judge Allegra Collins
Fifth Amendment; N.C. Const. art. I, section 23; N.C. Gen. Stat. section 8-54; right not to testify; improper comment; closing argument;
T.H. v. SHL Health Two, Inc.  (23-665 - Published)   Author: Judge Jeff Carpenter
Motion to Dismiss; Voluntary Dismissal with Prejudice; Rule 60(b)(1); Rule 60(b)(6); Affirmed.
Unpublished Opinions
16 April 2024  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 6 May 2024 

Adams v. Hajoca Corp. (23-1006 - Unpublished)   Author: Per Curiam
Worker's Compensation; Indemnification; Civil suit; Subject matter jurisdiction;
D.D. v. SHL Health Four, Inc. (23-666 - Unpublished)   Author: Judge Jeff Carpenter
Motion to Dismiss; Voluntary Dismissal with Prejudice; Rule 60(b)(1); Rule 60(b)(6); Affirmed.
In re: A.R.D., A.R.S. (23-658 - Unpublished)   Author: Per Curiam
Termination of parental rights
In re: A.Z.R. (23-908 - Unpublished)   Author: Judge Michael Stading
Termination of parental rights; no-merit brief; rule 3.1.(e)
In re: K.F.C. (23-971 - Unpublished)   Author: Per Curiam
termination of parental rights; N.C.R. App. P. 3.1(e); no-merit brief
In re: L.R., C.M., W.M. (23-705 - Unpublished)   Author: Per Curiam
adjudication; neglect; case plan requirements
In re: M.J.M., E.K.M. (23-732 - Unpublished)   Author: Judge Donna Stroud
termination of parental rights, withdrawal of counsel, motion to withdraw
In re: M.M. (23-623 - Unpublished)   Author: Per Curiam
Permanency Planning Hearing; Competent Evidence; Findings of Fact; Reunification; Dispositional Choice; No Abuse of Discretion.
In re: N.F.P-C. & E.S.P-C. (23-851 - Unpublished)   Author: Judge Carolyn Thompson
Termination of parental rights
In re: P.H., A.H., I.H., L.H., N.H., F.H., H.H. (23-39 - Unpublished)   Author: Per Curiam
neglect, injurious environment, placement outside of home
In re: P.N.F. (23-912 - Unpublished)   Author: Judge Julee Flood
Termination of parental rights; findings of fact; TPR; abuse; neglect; dependency.
In re: P.R., Z.R., M.V., Z.C., C.R. (23-763 - Unpublished)   Author: Judge Valerie Zachary
abused and neglected juveniles; cessation of reunification efforts; petitions for writ of certiorari; failure to make adequate progress on case plans
Jones v. N.C. Dep't of Transp. (23-757 - Unpublished)   Author: Judge Tobias Hampson
notice of appeal; Tort Claims Act; Tort Claims Rules
Luxeyard, Inc. v. Klinek (23-555 - Unpublished)   Author: Judge Jefferson Griffin
Service of process; N.C. R. Civ. P. 4(j)(1)(c); affidavit showing reception "in fact" and return receipt; Covid-19 contactless service, no signature, insufficient for certified mail
Newell v. Newell (23-669 - Unpublished)   Author: Judge Jeff Carpenter
N.C. Gen. Stat. § 50-16.3A; Alimony; Arrears; Child Support; Abuse of Discretion; Conclusions of Law
Sanchez v. Hajoca Corp. (23-1003 - Unpublished)   Author: Per Curiam
Worker's Compensation; Indemnification; Civil suit; Subject matter jurisdiction;
Singleton v. McNabb (23-309 - Unpublished)   Author: Judge Tobias Hampson
Discovery violations, sanctions, interlocutory appeal
State of N.C. v. Buchanan (23-762 - Unpublished)   Author: Judge Chris Dillon
sealed records, sui generis, disciplinary proceedings
State v. Avery (23-750 - Unpublished)   Author: Judge Valerie Zachary
appellate jurisdiction; Rule 4; no prejudice; merits of appeal; revocation of probation; subject-matter jurisdiction; expiration of probationary term; remand for clerical error
State v. Blount (23-1016 - Unpublished)   Author: Judge Carolyn Thompson
Anders brief re: criminal conviction
State v. Chandler (23-634 - Unpublished)   Author: Judge John Arrowood
motion to suppress, reasonable suspicion to conduct traffic stop
State v. Cozart (23-1022 - Unpublished)   Author: Per Curiam
Direct criminal contempt; opportunity to respond; N.C. Gen. Stat. Section 5A-14
State v. Earnell (23-498 - Unpublished)   Author: Judge Fred Gore
Rule 803(4) medical diagnosis or treatment hearsay exception; confrontation clause; harmless error; Harbison error; arrested judgment
State v. Green (23-900 - Unpublished)   Author: Judge Carolyn Thompson
Amendment of indictment
State v. Hawthorne (23-906 - Unpublished)   Author: Judge Fred Gore
Alford plea; factual basis; N.C.R. App. P. 10(a)(1); lack of jurisdiction
State v. Johnson-Bryant (23-887 - Unpublished)   Author: Judge John Arrowood
Intent to appeal readily inferred; lesser-included offense instruction not prejudicial; mistrial ex mero motu; curative instructions; ineffective assistance of counsel.
State v. Long (23-462 - Unpublished)   Author: Judge Hunter Murphy
motion to continue, discovery, evidence of value
State v. Murdock (23-948 - Unpublished)   Author: Judge Carolyn Thompson
Probation revocation
State v. Rudisill (23-334 - Unpublished)   Author: Judge Tobias Hampson
motion to dismiss; fatal variance; sufficiency of indictment
State v. Tamba (23-813 - Unpublished)   Author: Judge Julee Flood
Pro se; waiver of counsel; written; N.C. Gen. Sat. Section 15A-1242(3); inquiry; permissible range of punishments; knowing, intelligent, and voluntary; certified; presumption; State v. Wall, 184 N.C. App. 280, 645 S.E.2d 829 (2007); State v. Frederick, 222 N.C. App. 576, 730 S.E.2d 275 (2012)
State v. Young (23-722 - Unpublished)   Author: Judge John Arrowood
relevance and prejudicial effect of evidence, expert testimony, ex mero motu intervention in closing argument
Thomas v. Thomas (23-859 - Unpublished)   Author: Judge Fred Gore
interim distribution order; interlocutory appeal; bare assertion of substantial right
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 33 PETITIONS AND 224 MOTIONS.


Filed: 2 April 2024
Mandate: 22 April 2024
Zip File of Published Opinions

Case Title / Description
Ayers v. Currituck Cnty. Dep't of Soc. Servs.  (23-420 - Published)   Author: Judge Hunter Murphy
office of administrative hearings review, just cause, and unacceptable personal conduct.
Dan King Plumbing Heating & Air, LLC v. Harrison  (23-752 - Published)   Author: Judge April Wood
Order granting a new trial; Appeal as of right; UDTP (unfair and deceptive trade practices); Remand; Conform to appellate opinion; N.C. Gen. Stat. § 7A-53; N.C. R. Civ. P. 63; Entry of judgment.
Garland v. Orange Cnty.  (23-588 - Published)   Author: Judge John Arrowood
motion to partially dismiss appeal, motion to dismiss cross-appeal, PWC, enforcement of settlement agreement, motion to dismiss on untimely complaint.
Griffing v. Gray, Layton, Kersh, Solomon, Furr & Smith, P.A.  (23-710 - Published)   Author: Judge Valerie Zachary
interlocutory jurisdiction; substantial right; arbitration; no valid agreement to arbitrate; equitable estoppel; third-party beneficiary
Hunter Haven Farms, LLC v. City of Greenville Bd. of Adjustment  (23-662 - Published)   Author: Judge Allegra Collins
N.C. Gen. Stat. 160D-1402; quasi-judicial decision; petition for writ of certiorari; participation in proceedings;
Knuckles v. Simpson  (23-257 - Published)   Author: Judge Tobias Hampson
Petition for determination of abandonment, willful abandonment, factual findings supported by sufficient evidence, credibility and weight of evidence
N.C. Cemetery Comm'n v. Smoky Mountain Mem'l Parks, Inc.  (23-761 - Published)   Author: Judge Carolyn Thompson
Unauthorized transfer of land designated as cemetery in violation of NC Cemetery Act
State v. Hernandez  (23-832 - Published)   Author: Judge Julee Flood
PWC; merit; plain error; de novo; magistrate; great deference; substantial basis; probable cause; nexus; reasonable cause; incriminating evidence; reasonable inference; prudent; practical; purely conclusory; underlying circumstances; training and experience; IAC; prejudice; double jeopardy; sole basis
State v. Taylor  (23-423 - Published)   Author: Judge April Wood
DWI, Highway collision, Inhalants, Preservation of constitutional issues, N.C. R. App. P. 10(a)(4), Sixth Amendment, Expert witness, Right to confrontation, Rule of Evidence 404(b), Rule of Evidence 403, Evidence of malice.
State v. Walker  (23-319 - Published)   Author: Judge April Wood
N.C. Gen. Stat. § 14-190.16(a)(1); First-degree sexual exploitation of a minor; N.C. Gen. Stat. § 14-190.17(a)(2); Second-degree sexual exploitation of a minor; Lesser-included offense; Witness improperly instructing the jury; Misnaming the charged offense; Curative Instruction
Turpin v. Charlotte Latin Schs., Inc.  (23-252 - Published)   Author: Judge Carolyn Thompson
Appeal by plaintiffs from TC's granting in part/denying in part defendants' 12(b)(6) motion to dismiss nine claims of plaintiffs re: fraud, UDTP, negligent misrepresentation, negligent infliction of emotional distress, negligent supervision and retention, slander, libel, breach of contract, breach of implied covenant of good faith and fair dealing
Unpublished Opinions
2 April 2024  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 22 April 2024 

603 Glenwood, Inc. v. 616 Glenwood, LLC (22-943 - Unpublished)   Author: Judge Donna Stroud
contract formation, motion to enforce settlement agreement, summary judgment, statute of frauds
Baxter v. N.C. State Highway Patrol Troop F Dist. V (23-605 - Unpublished)   Author: Judge Tobias Hampson
Industrial commission, intentional tort, subject matter jurisdiction
Edens v. City of Hamlet (23-773 - Unpublished)   Author: Judge April Wood
N.C. R. Civ. P. 12(b)(1); Subject matter jurisdiction; Failure to exhaust administrative remedies; City ordinance; Order to demolish; Housing code.
Guarascio v. Guarascio (23-616 - Unpublished)   Author: Judge John Tyson
Order of sale; Judicial partition; Abandonment of arguments; Waiver of appellate review;
Hunter v. Hunter (23-937 - Unpublished)   Author: Judge Jefferson Griffin
Domestic Violence Protection Order; Competency of Evidence; Evidentiary Weight; Findings of Fact; Conclusions of Law; Self-Defense; Aggressor Doctrine
In re: A.J.C.R. & C.A.S. (23-973 - Unpublished)   Author: Judge April Wood
Neglect; N.C. Gen. Stat. § 7B-1111(a)(1); N.C. Gen. Stat. § 7B-101(15)(a); Failure to make progress in completing a case plan; Mental health; Medication management; Likelihood of the repetition of neglect.
In re: B.L., Jr. (23-861 - Unpublished)   Author: Judge Carolyn Thompson
Termination of parental rights
In re: E.M. (23-884 - Unpublished)   Author: Judge Carolyn Thompson
Adjudication of delinquent juvenile; incorrect disposition order level; failure of court to make FoF re: restitution
In re: E.P. (23-709 - Unpublished)   Author: Per Curiam
Motion to Dismiss Appeal, Mootness, Adverse Collateral Consequence Exception, Age of Majority, Dismissed.
In re: H.A.M. (23-852 - Unpublished)   Author: Judge Allegra Collins
termination of parental rights; willful abandonment; best interests determination
In re: J.F., T.F., S.F., K.F. (23-777 - Unpublished)   Author: Judge Tobias Hampson
Termination of parental rights, best interest, likelihood of adoption, relevant consideration, relative placement
In re: K-G.L.S. (23-869 - Unpublished)   Author: Judge Michael Stading
termination of parental rights; willful abandonment; best interests
In re: K.D. (23-805 - Unpublished)   Author: Judge John Arrowood
Termination of parental rights; N.C.G.S. 7B-1111(a)(3); willful failure to pay a reasonable portion of the cost of care; sporadic provision of gifts; occasional small payments.
In re: K.P. (23-701 - Unpublished)   Author: Judge Hunter Murphy
Termination of parental rights, burden of proof, willfulness
In re: K.R., E.R., A.A., Jr. (23-532 - Unpublished)   Author: Per Curiam
Adjudication, neglected juvenile, abused juvenile, findings of fact, abuse of another child
In re: M.C.L., C.J.L., J.H.L., IV (23-784 - Unpublished)   Author: Judge Carolyn Thompson
Termination of parental rights
In re: M.G.B., T.J.B., H.E.D. (23-877 - Unpublished)   Author: Judge Tobias Hampson
no-merit brief; termination of parental rights; Fifth Amendment
In re: M.J.W., K.E.W. (23-717 - Unpublished)   Author: Judge Donna Stroud
termination of parental rights, willful abandonment, findings of fact
In re: M.M.D. (23-934 - Unpublished)   Author: Per Curiam
Termination of parental rights
In re: M.R.B. (23-825 - Unpublished)   Author: Judge Michael Stading
placement; trial court; juvenile; best interest; substance abuse; foster; visitation; neglect; willful; abandonment; dependency.
In re: R.S.W. (23-482 - Unpublished)   Author: Per Curiam
termination of parental rights; neglect; best interests of the child
In re: S.M.V. (23-958 - Unpublished)   Author: Judge Michael Stading
termination of parental rights; amended petition; willful abandonment; best interests of the juvenile
In re: Z.A. & M.P. (23-782 - Unpublished)   Author: Judge April Wood
Termination of parental rights; Willful failure to make reasonable progress; N.C. Gen. Stat. § 7B-1111(a)(2); Opioid use disorder; Substance abuse; Mental health; Entering numerous treatment facilities without obtaining and maintaining sobriety does not equate to reasonable efforts.
Lawing v. Miller (23-858 - Unpublished)   Author: Judge Tobias Hampson
collateral attack; order designating exempt property; judgment debtor
Risueno v. Purdue Pharma L.P. (23-842 - Unpublished)   Author: Judge Jefferson Griffin
Motion to dismiss; Subject matter jurisdiction; Petition for judicial review; Appeals decision; Higher authority decision; Lack of service; Jurisdiction; PWC; N.C. Gen. Stat. § 96-15(h)
State v. Cornwell (23-36 - Unpublished)   Author: Judge Hunter Murphy
continuing criminal enterprise, sufficiency of the indictment, subject matter jurisdiction.
State v. Davidson (23-258 - Unpublished)   Author: Judge Tobias Hampson
1st degree Murder; Motion to Dismiss; Motion to Suppress; Ineffective Assistance of Counsel; Unanimous Jury Verdict
State v. Harrell (23-583 - Unpublished)   Author: Judge Tobias Hampson
driver’s license checkpoint; ineffective assistance of counsel; plain error
State v. Johnson (23-874 - Unpublished)   Author: Per Curiam
sentencing; prior record level
State v. Sweat (23-609 - Unpublished)   Author: Judge John Arrowood
Plea arrangement; no right to appeal; petition for writ of certiorari; restitution worksheet; victims; aggrieved parties; clerical error.
State v. Thompson (23-643 - Unpublished)   Author: Judge Julee Flood
motion to dismiss; substantial evidence; essential elements; perpetrator; sufficiency; possession of a firearm by a felon; constructive possession; totality of the circumstances; plain error; prejudice; probable impact; Rule 901(a); substantive evidence; illustrate; testimony; video; Rule 401; relevancy; tendency; more probable or less probable; prior felony; IAC; reasonable probability
State v. Walker (23-963 - Unpublished)   Author: Judge Jefferson Griffin
Trafficking; Methamphetamine; Anders Brief; Meritorious Issue; Independent Review; Wholly Frivolous
State v. White (23-596 - Unpublished)   Author: Judge John Tyson
Robbery with a dangerous weapon, possession of a firearm by a felon, juror exclusion
Taksa v. Crull (23-753 - Unpublished)   Author: Judge Allegra Collins
motion to compel arbitration; scope of arbitration agreement
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 33 PETITIONS AND 224 MOTIONS.


Filed: 19 March 2024
Mandate: 8 April 2024
Zip File of Published Opinions

Case Title / Description
Builders Mut. Ins. Co. v. Neibel  (23-240 - Published)   Author: Judge Tobias Hampson
summary judgment; service by publication; due diligence
Costanzo v. Currituck Cnty.  (22-699 - Published)   Author: Judge Michael Stading
ultra vires; occupancy taxes; judgment; discretion; summary judgment; general public services; statutory construction; legislative intent; plain meaning; declaratory judgment.
eDealer Servs., LLC v. N.C. Dep't of Transp.  (23-680 - Published)   Author: Judge Julee Flood
administrative law; standards of review; findings of fact; administrative procedures act; information technology contracts
Fletcher Hosp. Inc. v. N.C. Dep't of Health & Hum. Servs.  (23-672 - Published)   Author: Judge Fred Gore
summary judgment; certificate of need; N.C.G.S. § 131E-185(a1)(2); public hearing requirement; COVID-19 pandemic; public policy concerns; N.C.G.S. § 150B-23(a); contested case hearing; agency error; substantial prejudice; discrete requirements; no automatic prejudice
Green v. Carter  (22-494 - Published)   Author: Judge Donna Stroud
child support, statutory interpretation, collateral estoppel, primary liability, secondary liability, in loco parentis
Hudson v. Hudson  (22-1000 - Published)   Author: Judge Donna Stroud
child support, alimony, recusal, Rule 63
In re: Oak Meadows Cmty. Ass'n  (23-728 - Published)   Author: Judge Valerie Zachary
property tax exemption; 'provide housing'; statutory interpretation
In re: X.M., M.M., M.M., P.C.  (23-655 - Published)   Author: Judge John Tyson
Termination of Parental Rights; N.C. Gen. Stat § 7B-1111(a)(2); Substance Abuse; Transcription Error; Failure to Support;
N.C. State Conf. of the NAACP v. Alamance Cnty.  (23-262 - Published)   Author: Judge Chris Dillon
Confederate monument, open courts clause, equal protection clause, NC Constitution
Perryman v. Town of Summerfield  (23-40 - Published)   Author: Judge Tobias Hampson
N.C.G.S. 1-521; taxpayer standing; N.C. R Civ P 12(b)(1); N.C. R Civ P 12(b)(6); quo warranto; collateral attack; res judicata; collateral estoppel.
State v. Bivins  (23-550 - Published)   Author: Judge John Tyson
Possession of Methamphetamine; Prior Record Level; Obtaining Habitual Felon Status; Plea Agreement; State conceded sentencing error;
State v. Jackson  (23-636 - Published)   Author: Judge Tobias Hampson
felony murder; motion to dismiss; plain error; jury instructions; defense of necessity
State v. Jackson  (23-727 - Published)   Author: Judge John Arrowood
Motion to suppress; plain feel doctrine; pill bottles; probable cause; totality of the circumstances; inevitable discovery; material conflict in the evidence; inferred findings of fact.
State v. McLawhon  (23-814 - Published)   Author: Judge Allegra Collins
statutory sexual offense with a child by an adult, sexual act by a substitute parent or custodian, indecent liberties with a child, plain error, testimony, pre-arrest silence, cross-examination
State v. Shelton  (23-729 - Published)   Author: Judge Jefferson Griffin
Sexual exploitation of a minor; sufficiency of circumstantial evidence; sexual activity; lascivious depiction of pubic area; photographs not admitted at trial
State v. Templeton  (23-443 - Published)   Author: Judge Tobias Hampson
defense of necessity; jury instruction; affirmative defense
Sternola v. Aljian  (23-266 - Published)   Author: Judge John Tyson
Custody order; Taking Judicial Notice; Adjudicative Facts; Imputed Income; Delayed Entry of Order;
Warren v. Snowshoe LTC Grp., LLC  (22-595 - Published)   Author: Judge Tobias Hampson
N.C.R. Civ. P. 6(b), N.C.R. Civ. P. 41(a), statute of limitations, appellate rules violations, certiorari
Unpublished Opinions
19 March 2024  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 8 April 2024 

Burleson v. Burleson (23-187 - Unpublished)   Author: Judge Michael Stading
Rule 11; award; attorney's fees; separation; mediation; frivolous claim; divorce; summary judgment.
Est. of Barry v. Blue (23-599 - Unpublished)   Author: Judge April Wood
N.C. R. Civ. P. 59; N.C. R. Civ. P. 60; Motion to amend judgment; Motion to conform judgment; N.C. R. App. P. 10(a)(1)–(2); tortious interference with inheritance.
In re A.G.C. (23-355 - Unpublished)   Author: Per Curiam
termination of parental rights; N.C. Gen. Stat. 7B-1111(a)(7); willful abandonment
In re A.Z.M.M. (23-539 - Unpublished)   Author: Per Curiam
notary, expiration, judicial notice
In re C.W.M. (23-702 - Unpublished)   Author: Judge Donna Stroud
termination of parental rights, willful failure to make reasonable progress, findings of fact
In re D.G.E. (23-622 - Unpublished)   Author: Judge Chris Dillon
termination of parental rights, incarceration, reasonable progress
In re E.D-A. (22-1002 - Unpublished)   Author: Judge Hunter Murphy
termination of parental rights, residing in the home, motion for recusal
In re E.G.C. (23-683 - Unpublished)   Author: Judge Fred Gore
Rule 803(4); Fifth Amendment privilege against self-incrimination; N.C.G.S. § 7B-1111(a)(1)
In re K.M.S. (23-787 - Unpublished)   Author: Judge Michael Stading
placement; trial court; juvenile; best interest; ad litem; injuries; foster; visitation; no merit.
In re L.L. (23-273 - Unpublished)   Author: Per Curiam
Rule 3.1; Juvenile Abuse Neglect Dependency Proceeding; Permanency Plan; Guardianship; No Abuse of Discretion, Competent Evidence, Clear and Convincing; Affirmed
In re M.G.W. (23-271) - [Withdrawn by order of the Court]
In re S.C. (23-615 - Unpublished)   Author: Judge Hunter Murphy
appeal timeframes, motion to dismiss, provision providing greater punishment
In re S.D.Z. (23-828 - Unpublished)   Author: Judge Valerie Zachary
termination of parental rights; willful abandonment; private petition; best interests determination
In re S.M.B. (23-862 - Unpublished)   Author: Judge Allegra Collins
adjudication order, neglect, N.C. R. App. P. 3.1(e), no-merit brief
In re Z.C. (23-835 - Unpublished)   Author: Judge Jefferson Griffin
Termination of parental rights; Adjudication; Disposition; N.C. Gen. Stat. § 7B-1111(a)(1); Neglect; Findings of Fact; Conclusions of law; Grounds for termination; Clear, cogent, and convincing evidence
Kean v. Kean (23-46 - Unpublished)   Author: Judge Allegra Collins
summary judgment; breach of contract; specific performance; contract interpretation
State v. Allison (23-635 - Unpublished)   Author: Judge Chris Dillon
castle doctrine, plain error, presumption of reasonableness, rebuttable
State v. Bennett (23-461 - Unpublished)   Author: Judge Valerie Zachary
larceny of a firearm; assault with a deadly weapon; habitual felon; admissibility of felony conviction; intent
State v. Boyce (23-779 - Unpublished)   Author: Judge Jeff Carpenter
Jury Instructions; Flight; Ineffective Assistance of Counsel Claim; No Error.
State v. Burnette (23-162 - Unpublished)   Author: Judge Tobias Hampson
Motion for Mistrial, Prior Record Level Determination
State v. Calderon (23-400 - Unpublished)   Author: Judge John Tyson
First Degree Murder; Premeditation and Deliberation; Motion to dismiss; Lack of Provocation;
State v. Conner (23-470 - Unpublished)   Author: Judge April Wood
N.C. Gen. Stat. § 15A-1340.19B(a)(2); Life with the possibility of parole for juvenile offenders; 40-year bright-line rule; Defacto life without parole; Law of the case; N.C. Gen. Stat. § 15A-1354(a) (2023).
State v. Covington (23-480 - Unpublished)   Author: Per Curiam
motion for appropriate relief; Anders v. California; State v. Kinch; possible prejudicial error; wholly frivolous
State v. Crump (23-53 - Unpublished)   Author: Judge Donna Stroud
unauthorized use of a motor vehicle, reasonable suspicion, motion to suppress
State v. Hancock (23-758 - Unpublished)   Author: Judge Fred Gore
Motion to Dismiss; N.C.G.S. § 90-95(a)(1)
State v. Jones (23-687 - Unpublished)   Author: Per Curiam
probation revocation; commission of a new criminal offense; no abuse of discretion
State v. Leggette (23-849 - Unpublished)   Author: Judge Valerie Zachary
probation revocation; revocation post-expiration of probationary term; no finding of "good cause"; remand for findings
State v. Lewis (23-644 - Unpublished)   Author: Judge Valerie Zachary
Alford plea; Anders brief; remand for correction of clerical errors
State v. Melvin (22-859 - Unpublished)   Author: Judge Donna Stroud
assault with deadly weapon inflicting serious injury, assault inflicting serious injury, deadly weapon
State v. Pate (23-738 - Unpublished)   Author: Judge Fred Gore
Hearsay; clerical error
State v. Price (23-367 - Unpublished)   Author: Judge John Tyson
Restitution award; Remand for a new award; State conceded error;
State v. Rick (23-10 - Unpublished)   Author: Judge Donna Stroud
first degree murder, opinion testimony, testimony regarding truthfulness
State v. Swain (23-807 - Unpublished)   Author: Judge Jefferson Griffin
Anders brief; No meritorious issue; Dismissed
State v. Walker (23-681 - Unpublished)   Author: Judge Valerie Zachary
attempted first-degree murder; robbery with a dangerous weapon; pro se defendant; waiver of the right to counsel; failure to sua sponte declare a mistrial; no error
Stroupe v. Wood (23-127 - Unpublished)   Author: Judge Hunter Murphy
contributory negligence, directed verdict, jury instructions
Venters v. Lanier (23-870 - Unpublished)   Author: Judge John Arrowood
interlocutory appeal; order allowing motion to amend request for admissions and to reconsider summary judgment does not affect a substantial right.
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 33 PETITIONS AND 224 MOTIONS.


Filed: 5 March 2024
Mandate: 25 March 2024
Zip File of Published Opinions

Case Title / Description
Causey v. Southland Nat'l Ins. Corp.  (23-725 - Published)   Author: Judge Julee Flood
Liquidation; Rehabilitation; intervention; intervenor; standing; permissive intervention; intervention of right
Happel v. Guilford Cnty. Bd. of Educ.  (23-487 - Published)   Author: Judge April Wood
42 U.S.C. § 247d-6d; PREP Act; COVID liability immunity; Federal preemption; N.C. Gen. Stat. § 90-21.5(a1); COVID vaccination.
In re: R.G.  (23-625 - Published)   Author: Judge John Arrowood
permanency planning order; UCCJEA; reunification; NCGS 7B-1001; foreign court order.
In re: R.G.  (23-790 - Published)   Author: Judge John Arrowood
permanency planning order; UCCJEA; reunification; NCGS 7B-1001; foreign court order.
Robinson v. Halifax Reg'l Med. Ctr.  (23-641 - Published)   Author: Judge Fred Gore
expert witness; qualify; discovery; reasonable expectation; N.C. R. Civ. P. 9(j); N.C. R. Evid. 702; certification; motion to dismiss; malpractice claim; wrongful death claim
State v. Aguilar  (23-556 - Published)   Author: Judge Tobias Hampson
Rule of evidence 701; lay opinion testimony; error preservation; rule of evidence 608(a)
State v. George  (22-958 - Published)   Author: Judge Michael Stading
trial court; reasonable suspicion; CBD; dog sniff; open air sniff; controlled substance; law enforcement officer; implicate; Hemp Act; motion to suppress; habitual felon; trafficking; heroin; possession; reasonable stop; marijuana residue; destroying evidence; resisting a public officer.
State v. Jackson  (22-280 - Published)   Author: Judge Jefferson Griffin
Second-degree forcible sex offense; Second-degree forcible rape; First-degree kidnapping; Assault on a female; Interfering emergency communication; Assault with a deadly weapon; Assault inflicting serious injury; Habitual misdemeanor assault; Sixth Amendment; Ineffective assistance of counsel; Structural error; Jurisdiction; Absolute impasse; Harbison error; Admit guilt; Closing argument; Physical injury; Serious injury; N.C. Gen. Stat. § 14-33.2; Indictment; Facial validity; No error.
State v. Lindsay  (23-563 - Published)   Author: Judge John Arrowood
Hearsay; prior consistent statements; corroborative evidence; closing arguments; ex mero motu; plain error; bench trial; presumption that the trial judge ignored inadmissible evidence.
State v. Smith  (23-645 - Published)   Author: Judge Allegra Collins
driving while impaired, notice of appeal, petition for writ of certiorari, motion to dismiss, ineffective assistance of counsel, substantial evidence
State v. Smith  (23-575 - Published)   Author: Judge Julee Flood
contempt; right to counsel; forfeiture
Unpublished Opinions
5 March 2024  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 25 March 2024 

Blackwell v. N.C. Dep't of Pub. Instruction/Buncombe Cnty. Schs. (23-418 - Unpublished)   Author: Judge Chris Dillon
lump sum payment, disability, unusual case, best interest of the employee
C.J. Chadwick & Assocs., LLC v. Chadwick (23-515 - Unpublished)   Author: Judge John Arrowood
preliminary injunction; adverse possession; irreparable harm; competent evidence.
Curlings v. Ireland (23-767 - Unpublished)   Author: Judge Fred Gore
motor vehicle collision; opinion of law enforcement officer; N.C. R. Evid. 702; cross-examination; “opening the door;” evidentiary ruling; abuse of discretion standard
Fenty v. Wake Cnty. Pub. Sch. Sys./N.C. Dep't of Pub. Instruction (23-696 - Unpublished)   Author: Judge John Arrowood
Industrial Commission, worker’s compensation, disability
Heijmen v. Heijmen (23-509 - Unpublished)   Author: Judge Chris Dillon
motion to compel discovery, child custody
In re A.A.G. (23-766 - Unpublished)   Author: Judge Jefferson Griffin
Adjudication and disposition; Termination of parental rights; N.C. Gen. Stat. § 7B-1111(a)(9); Conclusion of law; Ultimate finding
In re A.W. (23-455 - Unpublished)   Author: Per Curiam
termination of parental rights, insufficient findings of fact, neglected juvenile, remand
In re B.L.J. (23-582 - Unpublished)   Author: Per Curiam
Termination of parental rights
In re D.J.W. (23-347 - Unpublished)   Author: Judge Donna Stroud
Termination of Parental Rights, Motion to Dismiss
In re E.C. (23-143 - Unpublished)   Author: Per Curiam
permanency planning; child custody; N.C. Gen. Stat. section 7B-911
In re K.E. (23-570 - Unpublished)   Author: Judge Fred Gore
3.1 TPR; N.C.G.S. § 7B-1111(a)(1);
In re L.E. (23-191 - Unpublished)   Author: Judge Jeff Carpenter
Juvenile Adjudication and Disposition; Right to Counsel, Waiver of Counsel, Knowing and Voluntary Waiver, Gatekeeping Order, Modification of Visitation, De Novo, Abuse of Discretion; Vacated; Remanded.
In re R.V.D. (23-613 - Unpublished)   Author: Judge John Tyson
Termination of Parental Rights; N.C. Gen. Stat. § 7B-1111(a)(6); Dependency; Appropriate Child Care Arrangement; Care and Supervision;
In re V.W. (23-649 - Unpublished)   Author: Per Curiam
no-merit brief, termination of parental rights, independent appellate review
Keenan v. Fed. Express Corp. (23-723 - Unpublished)   Author: Judge Jefferson Griffin
Workers' Compensation; expert testimony; medical diagnosis; causation of injuries; sufficiency of evidence
Miller v. Soudrette (23-493 - Unpublished)   Author: Judge Fred Gore
12(b)(6) motion to dismiss; N.C.G.S. § 47G-2(b);
State v. Bennett (23-502 - Unpublished)   Author: Judge Jefferson Griffin
Jury trial; Trafficking cocaine; Possession with intent to sell or deliver cocaine; Cocaine; Rule 702; Expert witness; Expert testimony; Foundation; IAC; Jury instruction; Plain Error; Methodology; Baseless speculation; Chemical analysis
State v. Corpening (23-707 - Unpublished)   Author: Judge April Wood
N.C. R. App. P. 21(a)(1); Treat an appeal as a petition for writ of certiorari; Direct criminal contempt; N.C. Gen. Stat. § 5A-11.
State v. Freeman (23-731 - Unpublished)   Author: Judge John Arrowood
plain error, Rule 609 evidence, flee to elude arrest
State v. Hudson (23-336 - Unpublished)   Author: Judge Michael Stading
firearm; constructive possession; passenger; seat; felon; trial court; front passenger seat; jury; prejudicial statement; guilty; totality of the circumstances; jury instructions.
State v. Lawson (23-611 - Unpublished)   Author: Judge Fred Gore
hearsay; plain error; ineffective assistance of counsel
State v. McDowell (23-277 - Unpublished)   Author: Judge Jefferson Griffin
first-degree murder; prior statements as corroborative evidence; additional facts adding weight and credibility; custodial interrogation of a minor; age of majority for minors; co-inmate not an agent of the State
State v. McKinley (23-442 - Unpublished)   Author: Judge Chris Dillon
impeachment evidence, self-defense instruction, cumulative error
State v. Ospina (23-454 - Unpublished)   Author: Judge Julee Flood
Indecent Liberties with a Minor; PWC; writ of certiorari; sexual gratification; arousal
Strickland v. Strickland (23-353 - Unpublished)   Author: Judge Allegra Collins
equitable distribution order; service of process; joinder; failure to join a necessary party;
Webster v. Devane-Webster (22-975 - Unpublished)   Author: Judge Michael Stading
trial court; postseparation support; contempt; parenting coordinator; purge; permanent child support; attorney's fees.
Webster v. Devane-Webster (22-976 - Unpublished)   Author: Judge Michael Stading
trial court; postseparation support; contempt; parenting coordinator; purge; permanent child support; attorney's fees.
Webster v. Devane-Webster (22-977 - Unpublished)   Author: Judge Michael Stading
trial court; postseparation support; contempt; parenting coordinator; purge; permanent child support; attorney's fees.
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 33 PETITIONS AND 224 MOTIONS.


Filed: 20 February 2024
Mandate: 11 March 2024
Zip File of Published Opinions

Case Title / Description
Cape Homeowners Ass'n, Inc. v. S. Destiny, LLC  (23-593 - Published)   Author: Judge Allegra Collins
interlocutory, lack of appellate jurisdiction, substantial right, motion to intervene, property rights, statement of the grounds for appellate review
Durbin v. Durbin  (23-308 - Published)   Author: Judge Hunter Murphy
modification of child custody, parenting coordinator, substantial change in circumstances.
In re: Jones  (23-594 - Published)   Author: Judge Valerie Zachary
reverse mortgage; valid debt; credit-counseling provision; equitable defenses
In re: Laliveres  (23-742 - Published)   Author: Judge April Wood
Sex offender registration; Substantially similar offense; Reportable offense; Out-of-State offense; N.C. Gen. Stat. § 14-27.22; N.C. Gen. Stat. § 14-208.12B(c); Sex Offender and Public Protection Registration Program; N.C. Gen. Stat. § 14-208.7(a).
Longphre v. KT Fin., LLC  (23-660 - Published)   Author: Judge John Tyson
Promissory Note; Entity Borrower; Plain and Unambiguous Terms; Accrual of Interest; N.C. Gen. Stat. § 24-3(1)(2023); Statutory Attorney's Fees; Prior Notice to Seek; N.C. Gen. Stat. § 6-21.2(1)-(2)(2023);
The N.C. State Bar v. DeMayo  (23-391 - Published)   Author: Judge Tobias Hampson
Rules of Professional Responsibility; Rule 8.4(c); Order of Discipline
Smith v. Smith  (23-339 - Published)   Author: Judge April Wood
Equitable distribution; Unequal distribution; N.C. Gen. Stat. § 50-20(c)
State v. Chambers  (22-1063 - Published)   Author: Judge Chris Dillon
juror substitution, jury deliberations, properly constituted jury, NC Constitution, Article 1, Section 24, NC Gen Stat. 15A-1215 (a)
State v. Coffey  (22-883 - Published)   Author: Judge Tobias Hampson
sufficiency of indictment; common law obstruction of justice; motion to dismiss
State v. Cox  (23-260 - Published)   Author: Judge Tobias Hampson
plain error; expert witness qualification; Rule of Evidence 702; expert testimony
State v. Hair  (22-987 - Published)   Author: Judge Donna Stroud
jury instruction, sever, joinder, plain error
State v. Jones  (23-647 - Published)   Author: Judge John Tyson
Felon Fleeing to Elude Arrest; Assault on Law Enforcement Officer; Waiver and/or Forfeiture of Counsel; N.C. Gen. Stat. 15A-1242; Expert Witness; Rule 702; Plain Rule;
State v. Martin  (23-190 - Published)   Author: Judge Allegra Collins
no error in failing to dismiss charges for insufficient evidence; no error in admitting Rule 404(b) evidence; no error in failing to intervene ex mero motu in opening statement and closing argument; dismissal of ineffective assistance of counsel claim without prejudice
State v. Miller  (22-689 - Published)   Author: Judge Jeff Carpenter
Statutory Interpretation; N.C. Gen. Stat. § 90-95(h)(4); Stare Decisis; Motion to Dismiss; Jury Instructions; Sentencing Factors.
State v. Simpson  (23-562 - Published)   Author: Judge April Wood
Jury selection; Judge excusing jurors for cause without challenge by party; Excusing for cause; Motion to dismiss; DWI.
Williams v. Charlotte-Mecklenburg Sch. Bd. of Educ.  (22-893-2 - Published)   Author: Judge Jeff Carpenter
Tort Claims Act; Emergency Management Act; Negligence; Industrial Commission; Sovereign Immunity; Summary Judgment.
Unpublished Opinions
20 February 2024  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 11 March 2024 

C.P. v. Parker (23-170 - Unpublished)   Author: Judge Chris Dillon
domestic violence, subject matter jurisdiction, AOC forms
Davis v. Crews (23-571 - Unpublished)   Author: Judge Carolyn Thompson
Enforcement of real property settlement agreement
Glinsky v. Kuester Mgmt. Grp., LLC (23-208 - Unpublished)   Author: Judge Michael Stading
interlocutory; motion to compel; discovery; privilege log; unfair and deceptive trade practices; damages; substantial right; interrogatories.
In re I.S. (23-519 - Unpublished)   Author: Per Curiam
termination of parental rights; neglect;
In re N.L.N. (23-630 - Unpublished)   Author: Per Curiam
Termination of Parental Rights, Abuse of Neglect
Jhang v. Templeton Univ. (22-869 - Unpublished)   Author: Judge Michael Stading
full faith and credit; represented by counsel; foreign judgment; motion; service; motion for enforcement of a judgment; service of process.
Maymead, Inc. v. Alexander Cnty. Bd. of Educ. (22-953-2 - Unpublished)   Author: Judge Jeff Carpenter
Tort Claims Act; Emergency Management Act; Negligence; Industrial Commission; Sovereign Immunity; Summary Judgment.
Mileview LLC v. Rsrv. II at Sugar Mountain Condo. Owner's Ass'n (23-603 - Unpublished)   Author: Judge Hunter Murphy
action by homeowner’s association, reasonableness of amendment, jurisdiction of trial court pending appeal.
Nelson v. Oakley (23-840 - Unpublished)   Author: Judge Julee Flood
Abuse of discretion; expert testimony; helpful to the jury; admissible; causation; possible causation; exclusion of evidence; Rule 403; relevant; probative value; prejudice
Phillips v. Phillips (23-504 - Unpublished)   Author: Judge Chris Dillon
subject matter jurisdiction, oral notice, consent to voluntary dismissal
State v. Blacksheare (23-572 - Unpublished)   Author: Judge Jefferson Griffin
Trafficking heroin; Transportation; Possession; Motion to dismiss; Substantial evidence; Essential elements; Actual possession; Constructive possession; Proximity to the substance; Suspicious behavior; No Error
State v. Caldwell (23-126 - Unpublished)   Author: Judge Tobias Hampson
Motion to Dismiss; Possession with Intent to Sell or Deliver
State v. Clinton (23-463 - Unpublished)   Author: Judge Michael Stading
attempted first degree murder; assault with a deadly weapon with intent to kill; possession of a firearm by a felon; clerical error; aggravating factors.
State v. Davis (23-557 - Unpublished)   Author: Judge Julee Flood
criminal law; plea negotiations; ineffective assistance of counsel; motion for appropriate relief; conclusion of law; sentencing; out-of-state offense; substantially similar
State v. Harris (23-607 - Unpublished)   Author: Judge Hunter Murphy
probation revocation, subject matter jurisdiction, no abuse of discretion.
State v. Holmes (23-601 - Unpublished)   Author: Judge Chris Dillon
statutory rape, statutory sexual offense, indecent liberties, resentencing
State v. Lipscomb (23-407 - Unpublished)   Author: Judge Jeff Carpenter
Rule 702(a); expert testimony; reliability requirement; DNA analysis; partial-major DNA profile; statistical analysis; no plain error.
State v. Lockett (23-713 - Unpublished)   Author: Judge Julee Flood
criminal law; motion to dismiss; speeding to elude arrest; reasonable suspicion; traffic stop; imputed reasonable suspicion
State v. Marroquin (23-111 - Unpublished)   Author: Judge Jefferson Griffin
Witness testimony; accident reconstruction, expert testimony required; implicit admission as an expert; prior acts evidence under Rule 404(b); malice evidence; no prejudicial error
State v. Martin (23-47 - Unpublished)   Author: Judge Tobias Hampson
Shackling; 404(b) evidence; Rule 403; Motion to Dismiss; hearsay
State v. Moore (23-380 - Unpublished)   Author: Judge Valerie Zachary
assault with a deadly weapon; assault on a female; intent; motion to dismiss; jury instruction on flight
State v. Perry (23-375 - Unpublished)   Author: Judge Hunter Murphy
robbery with a dangerous weapon, reasonable inference, circumstantial evidence
State v. Stewart (23-291 - Unpublished)   Author: Judge Tobias Hampson
Closing arguments; Harbison inquiry
State v. Tate (23-11 - Unpublished)   Author: Judge Michael Stading
double jeopardy; sufficiency of evidence; indecent liberties; statutory rape; fifth amendment.
State v. Walker (23-585 - Unpublished)   Author: Judge John Tyson
Habitual Larceny; Habitual Felon; Video Surveillance; Identification of a defendant; Lay opinion testimony; Limiting Instruction;
Torres v. Kidd (23-209 - Unpublished)   Author: Judge Chris Dillon
physical custody, legal custody, findings of fact, decision making authority
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 33 PETITIONS AND 224 MOTIONS.


Filed: 6 February 2024
Mandate: 26 February 2024
Zip File of Published Opinions

Case Title / Description
Hanson v. Charlotte-Mecklenburg Bd. of Educ.  (22-1044 - Published)   Author: Judge Tobias Hampson
Special Separation Allowance; Supplemental Retirement Income Plan; Local Government Employees' Retirement System
In re: K.C. & M.A.  (23-612 - Published)   Author: Judge April Wood
A/N/D petition; Dismissal of juvenile petition ends jurisdiction; Subject matter jurisdiction; Void judgments; N.C. Gen. Stat. §§ 7B-201 and 7B-807; Rule 59 and Rule 60 motions are not substitutes for appeal.
Land v. Whitley  (23-250 - Published)   Author: Judge April Wood
COVID-19; The Emergency or Disaster Treatment Protection Act; Health care; Limited immunity; Statutory immunity; Medical malpractice; Gross negligence; Duty of care; Surgical complications; N.C. Gen. Stat. § 90-21.133(a); Rule 12(b)(1); Rule 12(b)(2); Rule 12(b)(6); Rule 9(j).
Moseley v. Hendricks  (23-576 - Published)   Author: Judge John Arrowood
summary judgment; contributory negligence; last clear chance defense; punitive damages.
Silwal v. Akshar Lenoir, Inc.  (23-589 - Published)   Author: Judge Hunter Murphy
summary ejectment, abuse of discretion, memorandum of lease
State v. Bowman  (23-82 - Published)   Author: Judge Jeff Carpenter
Jury Instructions; Plain Error; Forcible Sexual Offense; Unanimous Verdict; Clerical Errors; Reverse; Remand.
State v. Buchanan  (23-517 - Published)   Author: Judge Allegra Collins
motion to dismiss, felony child abuse inflicting serious bodily injury, expert witness testimony, jury instructions, defense of accident, lesser-included offenses, plain error
State v. Golphin  (22-713 - Published)   Author: Judge Donna Stroud
life imprisonment without the possibility of parole, Miller, first-degree murder, N.C. Gen. Stat. Section 15A-1340.19B
State v. Guerrero  (23-377 - Published)   Author: Judge Julee Flood
motion to suppress; probable cause; canine-sniff; search and seizure; Fourth Amendment; legalization of hemp; trafficking; possession; lesser included offense.
State v. Mincey  (23-447 - Published)   Author: Judge April Wood
Guilty plea; Factual basis; N.C. Gen. Stat. § 15A-1022(c); Habitual felon status.
State v. Robinson  (23-365 - Published)   Author: Judge Jeff Carpenter
No Preservation; Plain Error Review; Issue Abandonment; Fair Cross Section Challenge; Sixth Amendment.
True Homes, LLC v. City of Greensboro  (23-48 - Published)   Author: Judge Chris Dillon
municipal authority, public water and sewer system development fee act, motion to strike evidence, N.C. Gen Stat 160A-314(a)
Unpublished Opinions
6 February 2024  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 26 February 2024 

Cashion v. Cashion (23-327 - Unpublished)   Author: Judge Valerie Zachary
interlocutory jurisdiction; substantial right; preliminary injunction
Connette v. The Charlotte-Mecklenburg Hosp. Auth. (23-460 - Unpublished)   Author: Judge Valerie Zachary
law of the case; remand; mandate
In re J.M.M.M. (23-540 - Unpublished)   Author: Judge Donna Stroud
termination of parental rights, notice, insufficient findings of fact
In re K.J.B.H. (23-632 - Unpublished)   Author: Judge Julee Flood
Delinquent; sexual battery; sexual arousal; sexual gratification; maturity, intent, and experience; age disparity; control by the juvenile; secretive nature; attitude; third-party witness
Miller v. E. Band of Cherokee Indians (23-278 - Unpublished)   Author: Judge April Wood
Sovereign immunity; Contract rescission; Voluntary dismissal; Restitution; Valid remedy; Moot; Property; Necessary party; Valid judgment.
Odindo v. Kanyi (23-794 - Unpublished)   Author: Judge Carolyn Thompson
Domestic violence; child custody
Payne v. Raynor (23-780 - Unpublished)   Author: Judge John Arrowood
lease contract; setoff defense; findings of fact; conclusions of law; competent evidence.
Phillips v. Extra Space Mgmt., Inc. (23-303 - Unpublished)   Author: Judge Jefferson Griffin
Motion for directed verdict; Motion for new trial; Breach of contract; Fraudulent inducement and fraudulent misrepresentation; Breach of the implied covenant of good faith and fair dealing; Unfair and deceptive trade practice; Negligent misrepresentation; Gross negligence; Sufficient evidence; Jury verdict; No error.
Porter v. Goodyear Tire & Rubber Co. (23-631 - Unpublished)   Author: Judge Carolyn Thompson
Worker's compensation
Sanders v. N.C. Dep't of Transp. (22-440 - Unpublished)   Author: Judge Hunter Murphy
map act, definite takings, interlocutory appeals
State v. Alvarado (23-385 - Unpublished)   Author: Judge Jefferson Griffin
Motion in limine; Sexual Assault; North Carolina Rules of Evidence; North Carolina Rule of Evidence 412; Rape-Shield Statute; Ineffective Assistance of Counsel; Issue Preservation; Exclusion of Evidence; Voire Dire; No error.
State v. Armstrong (23-220 - Unpublished)   Author: Judge April Wood
Assault by strangulation; Habitual misdemeanor assault; Predicate assault; N.C. Gen. Stat. § 14-33(c); Sentencing error; N.C. Gen. Stat. § 14-32.4(b); N.C. Gen. Stat. § 14-33.2; Distinct interruption; Intervening event.
State v. Barnes (23-239 - Unpublished)   Author: Judge Chris Dillon
ex mero motu, expert testimony, plain error
State v. Benbow (23-315 - Unpublished)   Author: Judge Tobias Hampson
jury instructions; self-defense; stand your ground
State v. Boynton (23-484 - Unpublished)   Author: Judge Jefferson Griffin
Motion in limine; First Degree Murder; North Carolina Rules of Evidence; North Carolina Rule of Evidence 404(b); North Carolina Rule of Evidence 403; Character Evidence; Prior bad acts; Other Purposes; Testimony Admissibility; Jury Instructions; Ineffective Assistance of Counsel; Plain Error; No error.
State v. Cooper (22-662 - Unpublished)   Author: Judge Tobias Hampson
first-degree murder; motion to suppress; cell site location information; Rules of Evidence 404(a), 404(b), and 403.
State v. Hill (23-264 - Unpublished)   Author: Judge Jefferson Griffin
Motion to dismiss; first-degree murder; evidence of malice, premeditation, and deliberation; juror challenge for cause; plain error; jury instructions; second-degree murder
State v. Huntley (23-346 - Unpublished)   Author: Judge John Tyson
Absolute impasse; State v. Ali, 329 N.C. 394, 407 S.E.2d 183 (1991); Same events, joined charges; Prior record level calculation; Conceded errors;
State v. Ingram (23-207 - Unpublished)   Author: Judge Chris Dillon
drug trafficking, investigatory stop, motion to suppress
State v. Jones (22-981 - Unpublished)   Author: Judge Michael Stading
first-degree rape, first-degree kidnapping, first-degree sexual offense, first-degree burglary, motion to dismiss, insufficiency of evidence, substantial evidence, separate and distinct acts.
State v. Kirkpatrick (23-449 - Unpublished)   Author: Judge Carolyn Thompson
IAC, TC error in PWISD methamphetamine case
State v. McCants (23-511 - Unpublished)   Author: Judge Valerie Zachary
waiver of right to be present at trial; preservation; Rule 2
State v. McCoy (23-329 - Unpublished)   Author: Judge John Arrowood
Ineffective assistance of counsel; motion to suppress; search warrant application; motion for appropriate relief; dismissal without prejudice.
State v. McKinnon (22-813 - Unpublished)   Author: Judge Michael Stading
Speedy trial, speedy appeal, sixth amendment, article I, section 18, SBM, lifetime SBM, satellite based monitoring, delayed appeal, unperfected appeal, motion for appropriate relief.
State v. Mertes (23-512 - Unpublished)   Author: Judge April Wood
Writ of certiorari; Untimely appeal; Motion for appropriate relief; MAR; N.C. Gen. Stat. § 15A-1444; N.C. R. App. P. 4(a)(1) and (2); N.C. R. App. P. 21(a)(1).
State v. Pratt (23-822 - Unpublished)   Author: Judge John Tyson
Revocation of Probation; Hearing after Probation expired; Finding of good cause; N.C. Gen. Stat. § 15A-1344; Unexplained delays; State conceded error;
State v. Roberts (23-501 - Unpublished)   Author: Judge John Arrowood
revocation of probation, right to confrontation, revocation after expiration of probationary period.
State v. Roebuck (23-335 - Unpublished)   Author: Judge Valerie Zachary
sexual activity by custodian; meaning of "custody"; issue precluded by precedent; preserving challenge for further appeal
State v. Spruill (23-12 - Unpublished)   Author: Judge Jeff Carpenter
Curative Instructions; Stricken Testimony; Sua Sponte; Rule 404; Vouching; No Plain Error.
State v. Velasquez (23-368 - Unpublished)   Author: Judge John Tyson
Second Degree Rape; Second Degree Forcible Sex Offense; Motion to Dismiss; Expert Witness; Closing Argument; Plain Error;
State v. Velez (23-199 - Unpublished)   Author: Judge Hunter Murphy
accessory after the fact, aggravated sentence, right to jury trial
State v. Williams (23-628 - Unpublished)   Author: Judge Julee Flood
United States v. Rodriguez; suppression; probable cause; reasonable suspicion
The Venable Grp., LLC v. Snow (23-483 - Unpublished)   Author: Judge John Arrowood
breach of contract, summary judgment, attorney’s fees.
Troutt v. Watson (23-535 - Unpublished)   Author: Judge April Wood
Interlocutory; N.C. Gen. Stat. § 1-277; Substantial right; Inconsistent verdicts; LLC; N.C. Gen. Stat. § 57D-6-02(2); Dissolution; N.C. Gen. Stat. § 57D-6-03(d); Forced sale.
Virmani v. Prof'l Sec. Ins. Co. (23-580 - Unpublished)   Author: Judge Chris Dillon
insurance policy interpretation, NC Medical Board investigation, claims made and reported policy
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 33 PETITIONS AND 224 MOTIONS.


Filed: 16 January 2024
Mandate: 5 February 2024
Zip File of Published Opinions

Case Title / Description
Ennis v. Haswell  (23-534 - Published)   Author: Judge Valerie Zachary
underinsured motorist insurance; subrogation; advancement; statutory interpretation
Hill v. The Div. of Soc. Servs.  (23-197 - Published)   Author: Judge Valerie Zachary
Medicaid; caretaker relative; regulatory interpretation; irreconcilable conflict
Maness v. Kornegay  (23-301 - Published)   Author: Judge Carolyn Thompson
Child custody
Smith Debnam Narron Drake Saintsing & Myers, LLP v. Muntjan  (23-324 - Published)   Author: Judge Jeff Carpenter
Contract; Guaranty; Statute of Frauds; Main Purpose Rule; Signed Memorandum; Quantum Meruit; Reversed
State v. Ball  (22-1029 - Published)   Author: Judge April Wood
Kidnapping; Rape; Sexual assault; Motion to dismiss; SANE exam report; Expert witness testimony; Confrontation Clause; Plain error; Closing argument; ex mero motu.
State v. Forney  (23-338 - Published)   Author: Judge Carolyn Thompson
DWI
State v. Guffey  (22-1043 - Published)   Author: Judge Hunter Murphy
essential elements, continuing criminal enterprise, fatal ambiguity
State v. Hagaman  (22-434 - Published)   Author: Judge Donna Stroud
motion to suppress, indecent liberties with a child, search warrant
State v. Springs  (23-9 - Published)   Author: Judge Tobias Hampson
State's appeal of trial court order granting defendant's motion to suppress evidence; appellate rules violations
Unpublished Opinions
16 January 2024  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 5 February 2024 

Horsey v. Goodyear Tire & Rubber Co. (23-107 - Unpublished)   Author: Judge April Wood
Industrial commission; Workers compensation; Temporary disability benefits; Change in treating physician; Functional capacity evaluation; Maximum medical improvement; N.C. Gen. Stat. § 97-25(a); N.C. Gen. Stat. § 97-2(9)
In re Est. of Blue (23-505 - Unpublished)   Author: Judge John Tyson
Will Contest; Summary Judgement; Undue Influence; Testator's Intent;
In re P.C. (23-253 - Unpublished)   Author: Judge Hunter Murphy
Reasonable efforts, visitation, guardianship
In re Z.M. (23-45 - Unpublished)   Author: Per Curiam
3.1; child custody; adjudication of neglect and dependency
Jonna v. Yaramada (22-954 - Unpublished)   Author: Judge Valerie Zachary
child support; findings of fact; mandate; sanctions
MAXISIQ, LLC v. Howard (23-478 - Unpublished)   Author: Judge Carolyn Thompson
Error by TC in granting summary judgment
Milford v. Milford (23-379 - Unpublished)   Author: Judge Carolyn Thompson
Equitable distribution
Munn v. N.C. Dep't of Pub. Safety (23-299 - Unpublished)   Author: Judge Jeff Carpenter
North Carolina Industrial Commission, Tort Claims Act, Negligence, North Carolina Department of Public Safety, State Actor, Duty of Care, Foreseeable Harm, Inmate, Findings of Fact, Competent Evidence, Conclusions of Law, De Novo; Affirmed.
Nlend v. Nlend (23-516 - Unpublished)   Author: Judge Valerie Zachary
absolute divorce; motion to stay proceedings; foreign jurisdiction; interlocutory jurisdiction; petition for writ of certiorari; findings of fact; absence of transcript or narrative from appellate record
Peele v. Peele (23-614 - Unpublished)   Author: Per Curiam
jurisdiction, child custody, permanent custody order
Perez v. Perez (23-371 - Unpublished)   Author: Judge Valerie Zachary
proper venue; residency; equitable distribution; separation and support; service of order; timeliness of appeal
State v. Gill (23-381 - Unpublished)   Author: Judge April Wood
Ineffective assistance of counsel; Restitution; Search warrant; Affidavit; Probable cause; Fourth Amendment; Totality of circumstances; Application for search warrant; Motion to suppress; Trial strategy; Crime Lab; N.C. Gen. Stat. § 7A-304(a)(7).
State v. Glenn (23-201 - Unpublished)   Author: Judge Michael Stading
Anders, Anders brief, motion to suppress, reasonable articulable suspicion.
State v. Hall (23-320 - Unpublished)   Author: Judge Valerie Zachary
ineffective assistance of counsel; motion for appropriate relief; motion to suppress; attempted robbery; exigent circumstances; probable cause; consent to search
State v. Hollis (22-817 - Unpublished)   Author: Judge Michael Stading
pattern jury instructions, defense of accident, murder, discharging of a firearm into occupied property, plain error, NCPI 307.10, NCPI 307.11.
State v. Steele (23-425 - Unpublished)   Author: Judge Valerie Zachary
larceny of motor vehicle; fleeing to elude arrest; resisting public officer; flight instruction
State v. Willoughby (23-3 - Unpublished)   Author: Judge Valerie Zachary
defense of habitation; second-degree murder; statutory presumption; jury instructions on involuntary manslaughter; redacting and striking of testimony; relevance; hearsay
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 33 PETITIONS AND 224 MOTIONS.


Filed: 2 January 2024
Mandate: 22 January 2024
Zip File of Published Opinions

Case Title / Description
Bates v. Charlotte-Mecklenburg Historic Landmarks Comm'n  (23-57 - Published)   Author: Judge Carolyn Thompson
Interlocutory appeal from two failed real estate transactions
Culpepper v. N.C. Off. of Admin. Hearings  (23-236 - Published)   Author: Judge April Wood
N.C. Gen. Stat. § 126-5(c1)(27); Political affiliation discrimination; Job classification designation; Human Resources Act.
In re: B.M.T.  (22-377-2 - Published)   Author: Judge Tobias Hampson
Consent for Adoption; Biological Father; financial support under N.C. Gen. Stat. § 48-3-601, warrantless search
Meeker v. Meeker  (22-931 - Published)   Author: Judge Chris Dillon
separation agreement, spousal support, cohabitation, specific performance, civil contempt
N.C. Dep't of Health & Hum. Servs. v. Peace  (22-918 - Published)   Author: Judge Carolyn Thompson
Error by ALJ and trial court in review of administrative agency decision
State v. Borlase  (22-985 - Published)   Author: Judge Chris Dillon
life without parole, Juvenile offender, N.C. Gen Stat SS 15A-1340.19b
State v. Thompson  (22-1036 - Published)   Author: Judge Tobias Hampson
Motion for Mistrial; Abuse of Discretion; Intoxicated Witness
The Town of Forest City v. Florence Redevelopment Partners, LLC  (23-401 - Published)   Author: Judge Allegra Collins
summary judgment; contracts; pre-audit certificate requirement; waiver; governmental immunity; unjust enrichment
Town of La Grange v. Cnty. of Lenoir  (23-495 - Published)   Author: Judge Julee Flood
Planning Board; de novo; whole record test; in pari materia;
Unpublished Opinions
2 January 2024  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 22 January 2024 

Davis v. Hayes Hofler, P.A. (22-1028 - Unpublished)   Author: Judge Michael Stading
motion to dismiss, 12(b)(6), negligence, negligent representation, Rule 60, "last act", "last wrongful act", statute of limitations, continued representation, conclusion of law, date of discovery, tolling.
In re B.O.R. (23-434 - Unpublished)   Author: Per Curiam
Guardianship award to foster parents; Standard of Proof finding required for parental rights; Visitation; Cessation of Reunification Efforts
In re C.H. (22-476-2 - Unpublished)   Author: Judge Julee Flood
involuntary commitment; confrontation right; preservation; findings of fact; clear, cogent, and convincing evidence; prejudice
In re C.L.S. (23-507 - Unpublished)   Author: Per Curiam
writ of certiorari, kinship placement, timely appeal
In re E.O.N. (23-352 - Unpublished)   Author: Judge April Wood
Guardianship; Neglect; Dependency; Permanency planning hearing; Costs of supervised visitation; Parent's ability to pay; N.C. Gen. Stat. § 7B-906.1; Guardian's financial resources; Written findings of fact; N.C. Gen. Stat. § 7B-905.1(c).
In re E.T.P. (23-394 - Unpublished)   Author: Judge Michael Stading
termination of parental rights, continuance, right to counsel, waiver of counsel, forfeiture of counsel.
In re G.J.W.L. (23-458 - Unpublished)   Author: Judge Jeff Carpenter
Juvenile Delinquency; Adjudication; Disposition; Motion to Dismiss, Unpreserved, Rule 2; Sixth Amendment; Testifying Defendant; Self-Incrimination; De Novo; Reversed & Remanded.
In re J.U. (20-812-2 - Unpublished)   Author: Judge Julee Flood
motion to dismiss; preservation; appellate rule 2; sufficiency of evidence; juvenile petition; sexual battery.
In re N.R.W. (23-440 - Unpublished)   Author: Judge Jeff Carpenter
Rule 3.1; termination of parental rights; adjudication; termination grounds; neglect; willful failure to make reasonable progress; willful failure to contribute to the cost of the juveniles’ care.
In re R.B. (23-426 - Unpublished)   Author: Judge Jefferson Griffin
Child abuse and dependency adjudication, sufficiency of evidentiary findings of fact to support ultimate findings and conclusions of law
In re S.C.M. (23-678 - Unpublished)   Author: Judge Michael Stading
termination of parental rights, best interests, private action, adoption.
In re S.W. (23-160 - Unpublished)   Author: Per Curiam
dependent, reunification, visitation
Johnson v. Butler (23-692 - Unpublished)   Author: Judge John Arrowood
summary judgment, breach of fiduciary duty, constructive fraud, trustee.
Johnson v. Butler (23-693 - Unpublished)   Author: Judge John Arrowood
summary judgment, breach of fiduciary duty, constructive fraud, trustee.
Johnson v. Butler (23-694 - Unpublished)   Author: Judge John Arrowood
summary judgment, breach of fiduciary duty, constructive fraud, trustee.
Lowe v. Lowe (23-80 - Unpublished)   Author: Judge Jefferson Griffin
Competent evidence; Findings of fact; Attorney fees; Motion to dismiss; Waived
Poimboeuf v. Merritt (23-229 - Unpublished)   Author: Judge John Tyson
Motion for Judgment Notwithstanding the Verdict; Slander per se; Punitive damages; N.C. Gen. Stat. § ID-15;
Shay v. Shay (23-330 - Unpublished)   Author: Judge Jefferson Griffin
Domestic violence order of protection; DVPO; Competent evidence; NC Appellate Pro Bono Program; Motion to supplement; Findings of fact; Conclusions of law; Affirmed
Spencer v. Goodyear Tire & Rubber Co. (23-430 - Unpublished)   Author: Judge Fred Gore
opinion and award on remand; compensable occupational disease; causation; weight and credibility of the evidence; limited standard of review
State v. Ford (23-374 - Unpublished)   Author: Judge Carolyn Thompson
Felony obstruction of justice; felony cruelty to animals
State v. Forrest (22-1005 - Unpublished)   Author: Judge Carolyn Thompson
Trial court error in denial of motion to dismiss and in jury instruction in murder case
State v. Parsons (23-200 - Unpublished)   Author: Judge Allegra Collins
indecent liberties with a child; hearsay; harmless error
State v. Revels (23-148 - Unpublished)   Author: Judge Valerie Zachary
voluntary manslaughter; calculation of prior record level; sentencing points; stipulation; evidence of prior convictions; prior record level worksheet; joinable offenses; federal conviction
State v. Williams (23-408 - Unpublished)   Author: Judge Chris Dillon
waiver of counsel, writ of certiorari, pro se
Tanger Props. Ltd. P'ship v. Legacy Libations Corp. (23-415 - Unpublished)   Author: Judge Michael Stading
subject matter jurisdiction, small claims, summons, rule 4, magistrate, general civil action, small claims action, summary ejectment, de novo.