Court of Appeals Opinions

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Filed: 17 March 2020
Mandate: 6 April 2020
Zip File of Published Opinions

Case Title / Description
Berke v. Fid. Brokerage Servs.  (19-641 - Published)   Author: Judge Christopher Brook
motions for directed verdict and for judgment notwithstanding the verdict under Rule 50 of North Carolina Rules of Civil Procedure; sufficiency of evidence for submission to jury where no evidence was presented during trial that anyone other than named beneficiary of retirement accounts was beneficiary of accounts
Buchanan v. NC Farm Bureau Mut. Ins. Co., Inc.  (19-887 - Published)   Author: Judge John Tyson
Cancellation of insurance policy; breach of contract; unfair and deceptive trade practices; motion in limine; appraisal as condition precedent; directed verdict following denial of summary judgment; exclusion of expert witness; NCGS 58-63-15; grounds for appellate review; sanctions.
Harper v. Vohra Wound Physicians of NY  (18-355 - Published)   Author: Judge Hunter Murphy
Judgment Notwithstanding the Verdict, Calculation of Damages, Amended Counterclaim
In re: K.R.G.  (19-424 - Published)   Author: Judge Hunter Murphy
ICWA, ICWA Notification, Remand
In re: A.K.G.  (18-1222 - Published)   Author: Judge Richard Dietz
Justiciability; Exceptions to Mootness; Collateral Consequences; Public Interest; Capable of Repetition Yet Evading Review
In re: B.S.  (19-789 - Published)   Author: Judge Allegra Collins
sufficient findings of fact to support the conclusion of dangerous to self; entry of a commitment period which exceeded the statutory maximum was impermissible
In re: N.U.  (19-652 - Published)   Author: Judge Allegra Collins
insufficient evidence to support findings of fact; findings of fact failed to support the conclusion that respondent was dangerous to self
State v. Cash  (19-460 - Published)   Author: Judge Allegra Collins
motion to set aside bond forfeiture; unauthorized practice of law within meaning of Section 84-5; sanctions reversed.
State v. Dew  (19-737 - Published)   Author: Judge Phil Berger Jr.
AWDWISI, charge conference, motion to dismiss, deadly weapon
State v. Gordon  (17-1077-2 - Published)   Author: Judge Valerie Zachary
satellite-based monitoring; sex offender; Fourth Amendment; remanded for reconsideration in light of State v. Grady
State v. Graham  (17-1362 - Published)   Author: Judge John Arrowood
Hearsay vs Corroborative evidence: N.C.R. Evid. 801; N.C.R. Evidence 602 - personal knowledge; jury instruction re: defendant's flight; sentencing N.C.G.S. § 15A-1340.14(e) - prior record calculation: substantially similar, N.C.G.S. § 14-27.25(a), satellite-based monitoring N.C.G.S § 14-208.40A; Motion for appropriate relief - material conflict
State v. Nova  (19-462 - Published)   Author: Judge Richard Dietz
Jury Request for Transcript of Witness Testimony During Deliberations; Statutory Requirement that Trial Court Exercise Discretion; Prejudicial Error
State v. Taylor  (18-810 - Published)   Author: Judge Linda McGee
true threat, first amendment, anti-threat statute, ncgs 14-16.7, unprotected speech, jury instructions motion to dismiss, independent appellate review
State v. Wiles  (19-381 - Published)   Author: Judge Valerie Zachary
reasonable suspicion; traffic stop; N.C.R. Evid. 403; horizontal gaze nystagmus testing
Taube v. Hooper  (19-827 - Published)   Author: Judge John Arrowood
defamation per se; NCR Civ P 12(b)(6) dismissal
Topping v. Meyers  (19-618 - Published)   Author: Judge John Tyson
Defamation and libel; defamation as negligence; absolute privilege; immunity from suit; motion to dismiss; quasi-judicial.
Tuel v. Tuel  (19-691 - Published)   Author: Judge John Arrowood
child custody order re: relocation of children w/parent to another state - factors & adequacy of findings; NCGS 50 13.2(a); best interest of child
State v. Crompton  (19-504 - Published)   Author: Judge Phil Berger Jr.
Probation, willful absconding
Unpublished Opinions
17 March 2020  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 6 April 2020 

4000 Piedmont Parkway Assocs., LLC v. E.wood Constr. Co., Inc. (19-669 - Unpublished)   Author: Judge Chris Dillon
Lease agreement; summary judgment; summary ejectment; Motion for Continuance; Rule 56(f); tenant; landlord; option clause; commercial real estate; contract; expiration of lease; typo; time is of the essence
Cheek v. Dancy (19-622 - Unpublished)   Author: Judge Valerie Zachary
adverse possession; motion to dismiss
Hamrick v. Gaston Cty. DSS (19-17 - Unpublished)   Author: Judge Wanda Bryant
Interlocutory appeal; substantial right.
In Re C.A.B. (19-179 - Unpublished)   Author: Judge Linda McGee
termination of parental rights, willful abandonment, meaningful appellate review
In re C.B., B.B. (19-279 - Unpublished)   Author: Judge Chris Dillon
termination of parental rights, methamphetamines, Department of Social Services, neglected, dependent, juvenile, custody, permanency planning hearing, no-merit brief
In re C.R.R. and M.N.H. (19-156 - Unpublished)   Author: Judge John Arrowood
TPR; neglect under NCGS 7B-1111
In Re J.C., L.N.B., Q.J.C., Z.N.W. (19-150 - Unpublished)   Author: Judge Chris Dillon
Neglect; neglected juveniles; dispositional order; custody; DSS; sexual abuse; improper care; improper supervision; substance abuse; dependent juveniles; non-secure custody; adjudicatory hearing; reunification; supervised visitation; no visitation; clear and convincing evidence; guardian ad litem; de novo; specific findings; assault; victim; rape; completed offense; consent; genitals; unsubstantiated claims; competent evidence; credibility of witnesses; unsupervised contact; relinquishment of parental rights; parental rights; recantation; sexual intercourse; penetration; forensic interviews; reasonable inferences; mental impairment; physical impairment; substantial risk of impairment; suspected abuse; abuse of discretion; preservation; appellate review; best interests; statutory rape; indecent liberties; denial of visitation
In re N.J.E. and J.D.E. (19-34 - Unpublished)   Author: Judge Wanda Bryant
Termination of Parental Rights; Neglect.
In re S.R. (19-459 - Unpublished)   Author: Judge Tobias Hampson
Abused juvenile; Ceasing reunification efforts
In re: B.H. (19-411 - Unpublished)   Author: Judge Chris Dillon
dangerous to himself, involuntary commitment, inpatient commitment, manic, physical debilitation, sua sponte, statutory mandate
In re: D.S. (19-322 - Unpublished)   Author: Judge John Arrowood
NCR App P 3.1; NCGS 7B-903(a1), 7B-906.1; guardianship award to other then relative
In re: J.C., J.C., J.C., J.C., J.C., J.C. (19-396 - Unpublished)   Author: Judge Wanda Bryant
Permanency Planning; Right to Appeal; Visitation; Findings of Fact; Conclusions of Law; Best Interest.
In re: X.A.R. (19-584 - Unpublished)   Author: Judge John Arrowood
cessation of reunification; guardianship as sole permanent plan; NCGS 7B-906.2
In the Matter of P.N.K. (19-208 - Unpublished)   Author: Judge Wanda Bryant
Termination of Parental Rights, Father, Paternity, Financial Support or Consistent Care.
State v. Clark (19-634 - Unpublished)   Author: Judge Phil Berger Jr.
State v. Dixon (19-609 - Unpublished)   Author: Judge Allegra Collins
relevant evidence and admissible evidence of prior bad act under Rule 404(b); no abuse of discretion in denying motion for mistrial
State v. Fields (19-822 - Unpublished)   Author: Judge John Arrowood
PWC denial; NCGS 158-1544?; review of guilty plea and terms re: knowing and voluntary/benefit of bargain; forfeiture of counsel by firing series of attorneys
State v. Finley (19-494 - Unpublished)   Author: Judge Phil Berger Jr.
Robbery with a dangerous weapon, Jail phone call, limiting instruction, plain error
State v. Hairston (19-650 - Unpublished)   Author: Judge Reuben Young
Possession of a Firearm by a Felon, Motion to Suppress
State v. Hughes (19-50 - Unpublished)   Author: Judge Chris Dillon
sex offender, satellite-based monitoring, jury instructions, habit, plain error, crime against nature, ambiguous verdict form
State v. Jerry (19-195 - Unpublished)   Author: Judge Wanda Bryant
Judicial disqualification; waiver closing argument.
State v. Odems (19-402 - Unpublished)   Author: Judge John Tyson
Felony larceny; obtaining property by false pretenses; habitual felon; value of stolen property; vacate and remand.
State v. Randall (19-544 - Unpublished)   Author: Judge Richard Dietz
Post-Conviction DNA Testing; Inventory of Biological Evidence
State v. Richardson (19-410 - Unpublished)   Author: Judge Allegra Collins
sufficient temporal proximity and sufficiently similar facts between two crimes to render evidence of one of the crimes admissible under Rule 404(b)
State v. Wells (19-708 - Unpublished)   Author: Judge Christopher Brook
felony sentencing; aggravating factors; evidence to support aggravating factor was not the same as evidence of underlying offense; prior record level determination; substantial similarity of out-of-state conviction; no error where sentence imposed was a legal sentence for the correct prior record level even if it was based on an incorrect prior record level determination
Wallace v. Maxwell (19-291 - Unpublished)   Author: Judge Phil Berger Jr.
Medical malpractice, proximate cause, expert testimony
Zhang v. Rubin (19-682 - Unpublished)   Author: Judge Hunter Murphy
Medical Malpractice; Motion for Summary Judgment; Expert Witness; Familiarity With Experience and Training
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 25 PETITIONS AND 200 MOTIONS.


Filed: 3 March 2020
Mandate: 23 March 2020
Zip File of Published Opinions

Case Title / Description
Cummings v. Carroll  (19-283 - Published)   Author: Judge Allegra Collins
Claims for (1) negligence, (2)negligent misrepresentation, (3) breach of fiduciary duty, (4) unfair and deceptive trade practices within the meaning of N.C. Gen. Stat. 75-1.1, (5) breach of contract, (6) breach of implied covenant of good faith and fair dealing, (7) fraud and fraud in the inducement, (8) fraud by concealment, (9) personal liability in connection with the sale and purchase of a home. Summary judgment.
Green v. Black  (19-661 - Published)   Author: Judge Allegra Collins
Default on promissory note; provision to contract for new note on unspecified terms in event of default set aside as void and severable; summary judgment affirmed
Holdstock v. Duke Univ. Health Sys., Inc.  (18-1312 - Published)   Author: Judge Linda McGee
Facial challenge, three judge panel, N.C.G.S. 1-267.1, N.C.G.S. 1-81.1, N.C.G.S. 1A-1, Rule 42(b)(4)
In re: Giddens  (19-792 - Published)   Author: Judge Lucy Inman
Spousal Year's Allowance; Deficiency Judgment; Estate Administration; Family Settlement Agreements
Long v. Fowler  (19-785 - Published)   Author: Judge Christopher Brook
wrongful death; sufficiency of allegations in complaint; identification of individual and official capacity in caption; sovereign immunity; caption in complaint sufficiently identified individuals in individual and official capacity to survive motions to dismiss pursuant to Rule 12(b)(1), 12(b)(2), and 12(b)(6) of North Carolina Rules of Civil Procedure
Poulos v. Poulos  (19-340 - Published)   Author: Judge Tobias Hampson
Interlocutory; Collateral estoppel; Equitable distribution
State v. Ditenhafer  (16-965-2 - Published)   Author: Judge Linda McGee (View Supreme Court Opinion)
obstruction of justice, N.C.G.S. 14-3(b), denial of access
State v. Leaks  (19-479 - Published)   Author: Judge Tobias Hampson
Jury Instructions; Self-defense
State v. Mangum  (18-850 - Published)   Author: Judge Linda McGee
Criminal Conviction, Civil Judgment, Attorney?s Fees, Jurisdiction, Record on Appeal, N.C. R. App. P. 3(a), Certiorari, N.C. R. App. P. 9, Amending Record on Appeal
State v. Nazzal  (19-552 - Published)   Author: Judge John Arrowood
DWI-insufficient evidence of impairment - NCGS 20-138.1(a)(1); second-degree murder re: reckless driving non-DWI; NCGS 20-146(d)(1) failure to maintain lane control
State v. Neira  (19-653 - Published)   Author: Judge Christopher Brook
expunctions or expungement; eligibility for expunction of offense involving impaired driving
State v. Pratt  (19-435 - Published)   Author: Judge Allegra Collins
Jury instruction on entrapment not warranted where defendant failed to show lack of predisposition to commit crimes charged; error to enter civil judgment for attorney's fees without providing defendant opportunity to be heard thereupon
Unpublished Opinions
3 March 2020  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 23 March 2020 

Cuevas v. Davis (19-631 - Unpublished)   Author: Judge Valerie Zachary
interlocutory appeal; jurisdiction
Cunningham v. Long Term Care, Inc. (18-1275 - Unpublished)   Author: Judge Linda McGee
Workers' compensation, accident, duty to consider all evidence
Gordon v. Hancock (19-712 - Unpublished)   Author: Judge Lucy Inman
Summary Judgment; Verified Pleadings; Affidavits; Admissions
In re S.T. (19-423 - Unpublished)   Author: Judge Phil Berger Jr.
Subject matter jurisdiction, child custody, permanency planning
Indus. Hemp Mfg., LLC v. Am. Hemp Seed Genetic, LLC (19-679 - Unpublished)   Author: Judge Christopher Brook
personal jurisdiction; consent to jurisdiction; dismissal pursuant to Rule 12(b)(2) of North Carolina Rules of Civil Procedure
Seymour v. Orange Cty. Bd. of Educ. (19-334 - Unpublished)   Author: Judge Hunter Murphy
School board immunity, interlocutory appeal, immunity waiver.
State v. Eskridge (19-431 - Unpublished)   Author: Judge Tobias Hampson
Controlled purchase; 404(b) Evidence
State v. Griffin (19-657 - Unpublished)   Author: Judge Lucy Inman
Relevance Gang membership Attorney?s fees
State v. Guarascio (19-486 - Unpublished)   Author: Judge John Arrowood
criminal records request; violation of NCR App P 3
State v. Hodges (19-266 - Unpublished)   Author: Judge Hunter Murphy
Motion to dismiss; Jury Instructions; Lesser-Included Offense
State v. Joyner (19-651 - Unpublished)   Author: Judge Christopher Brook
termination of sex offender registration; reportable offenses requiring sex offender registration; unpreserved reportable offense issue; constitutionality of retroactivity of sex offender registration requirements; Sex Offender Registration and Notification Act
State v. Lemus (19-582 - Unpublished)   Author: Judge Phil Berger Jr.
bail bond forfeiture; motion for sanctions; jurisdiction
State v. McKoy (18-599 - Unpublished)   Author: Judge Linda McGee
Criminal Conviction, Civil Judgment, Attorney?s Fees, Jurisdiction, Record on Appeal
State v. Pocknett (19-744 - Unpublished)   Author: Judge Phil Berger Jr.
sentencing; second-degree muder; Class B2 offense
State v. Scott (19-607 - Unpublished)   Author: Judge Lucy Inman
Polygraph test Rule 403 Mitigating factor Presumptive range
State v. W.brook (19-331 - Unpublished)   Author: Judge Lucy Inman
Discrimination Race-neutral Closing argument Prior record level Ineffective assistance of counsel
State v. White (19-664 - Unpublished)   Author: Judge Allegra Collins
clerical error in judgment; sale and delivery of methamphetamine; arresting judgment
State v. Wilson (19-556 - Unpublished)   Author: Judge Valerie Zachary
hearsay; present sense impression exception; attempted robbery with a dangerous weapon; lesser-included offenses
State v. Yates (19-348 - Unpublished)   Author: Judge John Arrowood
motion to dismiss - substantial evidence; misdemeanor cruelty to animals NCGS 14-360(a); restitution as condition of probation NCGS 1343(d) - aggrieved party; NCGS 19A-70
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 25 PETITIONS AND 200 MOTIONS.


Filed: 18 February 2020
Mandate: 9 March 2020
Zip File of Published Opinions

Case Title / Description
Barnard v. Johnston Health Servs. Corp.  (19-290 - Published)   Author: Judge Wanda Bryant
Assignment; Subrogation; MedPay; Judgment on the Pleadings; Health and Liability Insurance; Automobile Insurance.
Holmes v. Moore  (19-762 - Published)   Author: Judge Tobias Hampson
Voter ID; Preliminary Injunction
Mace v. NC Dep't of Ins.  (19-710 - Published)   Author: Judge Allegra Collins
prayer for judgment continued; conviction under N.C.G.S. 58-2-69; adjudication of guilt
Poindexter v. Everhart  (19-646 - Published)   Author: Judge John Tyson
Military pension division; subject matter jurisdiction; personal jurisdiction; breach of separation agreement; equitable remedy; specific performance; 10 USC 1408; NCGS 7A-244; unincorporated agreement; forum selection clause.
Shepard v. Catawba Coll.  (19-101 - Published)   Author: Judge Donna Stroud
negligence
Starlites Tech Corp. v. Rockingham Cty.  (19-406 - Published)   Author: Judge Valerie Zachary
zoning; land use; change in ownership
State v. Angram  (19-151 - Published)   Author: Judge Donna Stroud
motion to dismiss, robbery with a dangerous weapon
State v. Davis  (19-500 - Published)   Author: Judge Allegra Collins
proper denial of request for limiting instruction; clarification of prior convictions was not impeachment; failure to preserve issue for appeal;
State v. Griffin  (17-386-2 - Published)   Author: Judge Lucy Inman
Satellite-Based Monitoring; Warrantless Search; Fourth Amendment; Post-Release Supervision
State v. Hodge  (19-443 - Published)   Author: Judge Christopher Brook
validity of indictment; jurisdiction to enter sentence; no abuse of discretion granting continuance for issuance of superseding indictment
State v. Kowalski  (19-709 - Published)   Author: Judge John Tyson
Misdemeanor assault on a female; preservation; limitation of cross-examination; impeachment evidence; relevance; jury instructions; invited error.
State v. Mills  (19-597 - Published)   Author: Judge Phil Berger Jr.
Probation, willful absconding
State v. Mitchell  (18-1163 - Published)   Author: Judge Christopher Brook
foundation required for witness to testify to personal knowledge under Rule 602 of North Carolina Rules of Evidence; permissible lay opinion testimony under Rule 701 of North Carolina Rules of Evidence; cellphone technology evidence and cellphone record retention evidence; erroneous evidence of victim's good character not plain error; sufficiency of evidence to support multiple conspiracy counts
State v. Richardson  (19-627 - Published)   Author: Judge Allegra Collins
no reversible error when trial court omitted certain verbiage from final mandate of jury instruction on voluntary manslaughter
Wetherington v. NC Dep't of Pub. Safety  (18-1018 - Published)   Author: Judge Donna Stroud
Just cause; Termination; State Employee; Law of the Case
Unpublished Opinions
18 February 2020  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 9 March 2020 

McGrath RentCorp v. TCI Triangle, Inc. (19-655 - Unpublished)   Author: Judge Reuben Young
Personal Jurisdiction, Purposeful Availment, Judgment on the Pleadings, Interlocutory
McMaster v. McMaster (19-234 - Unpublished)   Author: Judge John Arrowood
child custody; lack of standing; NCGS ? 50-13.1(a); conduct inconsistent with protected parental status
Rezvani v. Carnes (19-491 - Unpublished)   Author: Judge John Arrowood
violations of NCRAP jurisdictional rules, requiring dismissal; NCRAP 9, 25, 34
State v. Boyd (19-543 - Unpublished)   Author: Judge John Tyson
Common law robbery; felony larceny from the person; valid indictment; inchoate crimes; plain error review; lessert-inclunded offense
State v. Clark (19-456 - Unpublished)   Author: Judge Allegra Collins
motion to suppress evidence; search warrant application; probable cause; Franks challenge to veracity of search warrant affidavit
State v. Davis (19-663 - Unpublished)   Author: Judge Reuben Young
Probation Revocation, Subject Matter Jurisdiction, Clerical Error, Abuse of Discretion
State v. Engle (19-488 - Unpublished)   Author: Judge Christopher Brook
evidence of prior crimes, wrongs, or acts under Rule 404(b) of North Carolina Rules of Evidence; probative value of 404(b) evidence not outweighed by danger of unfair prejudice or confusion of jury under Rule 403 of North Carolina Rules of Evidence; no abuse of discretion in determining authenticity of disputed text message communications; review of authentication ruling on motion in limine; no prejudicial error in failing to exclude evidence of victim's good character where no objection raised at trial
State v. Everwine (19-629 - Unpublished)   Author: Judge John Tyson
Possession of stolen vehicle; motion to dismiss; restitution; value of stolen property.
State v. Johnson (19-489 - Unpublished)   Author: Judge Lucy Inman
Substantially similar Violent felony Violent habitual felon
State v. Juarez (19-545 - Unpublished)   Author: Judge John Arrowood
sentencing - improper considerations by trial court; impact of drugs
State v. Lail (19-468 - Unpublished)   Author: Judge John Tyson
Second-degree murder; child abuse; Confrontation Clause; harmless error beyond a reasonable doubt; hearsay; excited utterance; no prejudicial error; closing arguments; cumulative error.
State v. McDaniel (17-856-2 - Unpublished)   Author: Judge Linda McGee
Recent possession, recency, larceny, breaking and entering, extended probation period
State v. Newsuan (19-564 - Unpublished)   Author: Judge Tobias Hampson
Gang-related testimony.
State v. Nyeplu (18-1251 - Unpublished)   Author: Judge Wanda Bryant
Jury voir dire; ineffective assistance of counsel; issue preservation; prejudice.
State v. Robinson (19-405 - Unpublished)   Author: Judge Donna Stroud
robbery with a dangerous weapon
State v. Wheeling (18-1055 - Unpublished)   Author: Judge Wanda Bryant
Jury Instruction; lesser included offenses; motion to dismiss; pretrial release; admissibility of evidence.
The Cherry Cmty. Org. v. Sellars (19-695 - Unpublished)   Author: Judge Phil Berger Jr.
Good faith purchaser, NC Unfair or Deceptive Trade Practices Act, NC Uniform Voidable Transactions Act
Wallace v. Jeter (19-696 - Unpublished)   Author: Judge Reuben Young
Summary Ejectment
Whisnant v. Laurels (19-774 - Unpublished)   Author: Judge John Tyson
Worker's Compensation Act; N.C. Rule of Appellate Procedure 28(b)(6); aggravating injury; unchallenged findings of fact.
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 25 PETITIONS AND 200 MOTIONS.


Filed: 4 February 2020
Mandate: 24 February 2020
Zip File of Published Opinions

Case Title / Description
Ingram v. NC State Bd. of Plumbing, Heating, & Fire Sprinkler Contractors  (19-436 - Published)   Author: Judge Tobias Hampson
Administrative Agency Decision; Licensing Board
Mims v. Parker  (19-317 - Published)   Author: Judge Tobias Hampson
Dog bite; Strict Liability; Negligence
Morris v. Powell  (19-524 - Published)   Author: Judge Lucy Inman
Child Support Emancipation Contempt
State v. Corbett/Martens  (18-714 - Published)   Author: Judge Valerie Zachary
motion for appropriate relief; no-impeachment rule; sufficiency of the evidence; medical diagnosis or treatment exception to hearsay rule; residual exception to hearsay rule; N.C.R. Evid. 702(a); aggressor doctrine; jury instructions; prejudice
State v. Dravis  (18-76-2 - Published)   Author: Judge Chris Dillon
Reconvening order; satellite-based monitoring; reasonable warrantless search; Fourth Amendment; sex offense crimes; sufficient evidence
State v. Goins  (19-288 - Published)   Author: Judge Hunter Murphy
Closing argument; Improper argument; Constitutional Rights; New Trial
State v. Parker  (19-521 - Published)   Author: Judge John Tyson
Possession of firearm by a felon; motion to dismiss for insufficient evidence; habitual felon; circumstantial evidence; non-preservation of a constitutional issue; improper closing argument.
State v. Patterson  (18-1082 - Published)   Author: Judge Hunter Murphy
Plain error; Ineffective assistance of counsel; Attorney Fees
State v. Wilson  (19-184 - Published)   Author: Judge Tobias Hampson
PWISD cocaine; Sufficiency of the evidence; Intent
Wagner v. City of Charlotte  (18-1084 - Published)   Author: Judge Tobias Hampson
Flooding; Inverse condemnation; Negligence; Trespass; Nuisance
Unpublished Opinions
4 February 2020  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 24 February 2020 

B.V. Belk, Jr. v. VRS Magnolia Plaza, LLC (19-563 - Unpublished)   Author: Judge Reuben Young
Easement Implied by Prior Use, Summary Judgment
Calatlantic Grp., Inc. v. Cty. of Union (19-577 - Unpublished)   Author: Judge Lucy Inman
Interlocutory Order; Substantial Right; Petition for Writ of Certiorari; Rule 54(b)
Carrington v. Carolina Day Sch., Inc. (19-666 - Unpublished)   Author: Judge Reuben Young
Employment Contract, Failure to State a Claim
Davidson v. Laws (18-780 - Unpublished)   Author: Judge Wanda Bryant
Statutory Interpretation; child custody; Servicemembers Civil Relief Act.
E.wood Constr. Co., Inc. v. Cty. of Union (19-579 - Unpublished)   Author: Judge Lucy Inman
Interlocutory Order; Substantial Right; Petition for Writ of Certiorari; Rule 54(b)
In re A.J. A-D (19-270 - Unpublished)   Author: Judge Richard Dietz
Termination of parental rights; willful abandonment; statutory two-step process of adjudication and disposition
In the Matter of Z.S. (19-74 - Unpublished)   Author: Judge Richard Dietz
Adjudication of neglect; sufficiency of evidence and findings of fact; exclusion of testimony
Lennar Carolinas, LLC v. Cty. of Union (19-576 - Unpublished)   Author: Judge Lucy Inman
Interlocutory Order; Substantial Right; Petition for Writ of Certiorari; Rule 54(b)
Light v. Prasad (19-720 - Unpublished)   Author: Judge Allegra Collins
consent discovery scheduling order; no abuse of discretion by trial court in granting motion for a protective order; no abuse of discretion by trial court in allowing expert witnesses to testify at trial;
M/I Homes of Charlotte, LLC v. Cty. of Union (19-575 - Unpublished)   Author: Judge Lucy Inman
Interlocutory Order; Substantial Right; Petition for Writ of Certiorari; Rule 54(b)
McInnis Constr. Co., Inc. v. Cty. of Union (19-578 - Unpublished)   Author: Judge Lucy Inman
Interlocutory Order; Substantial Right; Petition for Writ of Certiorari; Rule 54(b)
Novack v. Kosciuszko (19-383 - Unpublished)   Author: Judge Valerie Zachary
premises liability; open and obvious
Pace/Dowd Props. Ltd v. Cty. of Union (19-580 - Unpublished)   Author: Judge Lucy Inman
Interlocutory Order; Substantial Right; Petition for Writ of Certiorari; Rule 54(b)
Powell v. Hamilton (19-325 - Unpublished)   Author: Judge Richard Dietz
Child custody; joint custody; best interests determination
S&S Fam. Bus. Corp. v. Clean Juice Franchising, LLC (19-264 - Unpublished)   Author: Judge Linda McGee
mandatory forum selection clause, contract interpretation
Saunders v. Crystal Springs Park, Inc. (19-526 - Unpublished)   Author: Judge Allegra Collins
failure to cite legal authority; frivolous appeal; dismissal of appeal; N.C.R. App. P. 25(b), 34(b)(1)
Shea Homes, LLC v. Cty. of Union (19-573 - Unpublished)   Author: Judge Lucy Inman
Interlocutory Order; Substantial Right; Petition for Writ of Certiorari; Rule 54(b)
Shops At Chestnut, LLC v. Cty. of Union (19-574 - Unpublished)   Author: Judge Lucy Inman
Interlocutory Order; Substantial Right; Petition for Writ of Certiorari; Rule 54(b)
State v. Elliott (19-123 - Unpublished)   Author: Judge Richard Dietz
Denial of defense counsel's motion to withdraw; denial of motion to suppress; reasonable suspicion for pat-down; probable cause for search of cell phones
State v. Espinosa (19-305 - Unpublished)   Author: Judge Tobias Hampson
Conspiracy; Sufficiency of the evidence; Joinder
State v. Hall (19-110 - Unpublished)   Author: Judge Richard Dietz
Forfeiture of right to counsel; pattern of serious misconduct; use of criminal history to impeach defendant's credibility
State v. Mayfield (19-606 - Unpublished)   Author: Judge Reuben Young
Excusing Witnesses, Voir Dire
State v. McCormick (19-680 - Unpublished)   Author: Judge John Arrowood
awdwikisi - motion to dismiss for insufficient evidence of intent to kill; jury instruction on flight
State v. Sanders (19-248 - Unpublished)   Author: Judge Valerie Zachary
child abuse; mitigating factor; sentencing; guilty plea
State v. Stacy (19-465 - Unpublished)   Author: Judge Richard Dietz
Plain error; hearsay; assessment of costs for related charges; civil judgment for attorneys' fees
State v. Taylor (19-593 - Unpublished)   Author: Judge Christopher Brook
Sixth Amendment challenge not preserved for appellate review; failure to specifically argue plain error in jury instructions did not preserve issue for appellate review
State v. Watson (19-553 - Unpublished)   Author: Judge Allegra Collins
possession of a firearm by a felon; defendant's stipulation to being a convicted felon at the time he was charged with possession of a firearm was sufficient evidence of his status as a convicted felon;
State v. Wilson (19-620 - Unpublished)   Author: Judge Reuben Young
Plain Error, Jury Instruction
True Homes, LLC v. Cty. of Union (19-572 - Unpublished)   Author: Judge Lucy Inman
Interlocutory Order; Substantial Right; Petition for Writ of Certiorari; Rule 54(b)
Zak v. Sweatt (19-440 - Unpublished)   Author: Judge Allegra Collins
Child custody modification; substantial evidence of change in circumstances affecting child's welfare since entry of prior order; denial of motion seeking recusal/reference of recusal motion to different trial judge; no abuse of discretion
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 25 PETITIONS AND 200 MOTIONS.


Filed: 21 January 2020
Mandate: 10 February 2020
Zip File of Published Opinions

Case Title / Description
Common Cause v. Forest  (18-870 - Published)   Author: Judge Richard Dietz
Swiftly enacted state legislation; constitutional challenge; meaning of Right to Instruct Clause
Hampton v. Hearn  (19-378 - Published)   Author: Judge Phil Berger Jr.
medical malpractice; proximate cause; intervening negligence
In re: H.D.H.  (19-490 - Published)   Author: Judge Donna Stroud
Probation, Extension, Written Findings
Lawrence v. Lawrence  (19-668 - Published)   Author: Judge John Tyson
Petition to partition; reimbursement to co-tenant; statutes of limitations: NCGS 1-52(1) and NCGS 1-56; burden on summary judgment; presumption of validity of marriage; laches as an affirmative defense, NCGS 1A-1, Rule 8(c).
Maness v. The Vill. of Pinehurst  (19-157 - Published)   Author: Judge Richard Dietz
Unemployment benefits; ambiguous employee statements or actions; statutory meaning of left work
State v. Campbell  (18-998 - Published)   Author: Judge John Arrowood
sufficiency of evidence for appellate review - motion to dismiss appeal; racial discrimination in use of peremptory challenges in jury selection - prima facie claim - Batson v Kentucky
State v. Jones  (19-281 - Published)   Author: Judge Christopher Brook
probation revocation; probationer's right to confrontation at revocation hearing
State v. Meader  (19-554 - Published)   Author: Judge Reuben Young
Voluntary Intoxication, Jury Instruction
State v. Scott  (19-250 - Published)   Author: Judge John Tyson
Second-degree murder; NCGS 8-53; NCGS 90-21.20B(a1); malice; excessive speed; reckless driving.
Unpublished Opinions
21 January 2020  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 10 February 2020 

Anton v. Anton (19-549 - Unpublished)   Author: Judge Allegra Collins
will caveat; undue influence; interlocutory order does not affect substantial right; risk of inconsistent verdicts
Berens v. Berens (19-306 - Unpublished)   Author: Judge Chris Dillon
child support; post-separation support; alimony; attorneys? fees; imputed income
Clark v. US Airways, Inc. (19-707 - Unpublished)   Author: Judge John Tyson
Temporary total disability; change in conditions; attorney's fees; NCGS 97-88; bad faith.
In re J.N.I., Jr., J.N.I., T.I.I. (19-86 - Unpublished)   Author: Judge Tobias Hampson
Termination of Parental Rights; Ineffective Assistance of Counsel.
In re VT (19-297 - Unpublished)   Author: Judge Tobias Hampson
Visitation; Guardianship; Permanency planning order; Insufficient findings of fact.
In re X.E.R.. (19-233 - Unpublished)   Author: Judge Donna Stroud
termination of parental rights, likelihood of adoption
In re: Rieger (19-304 - Unpublished)   Author: Judge Lucy Inman
Guardian of the Estate Chapter 35A Transfer of venue
In re: Z.S.B. (18-1105 - Unpublished)   Author: Judge Donna Stroud
Termination of parental rights, findings of fact
Lee v. Allen (19-265 - Unpublished)   Author: Judge Christopher Brook
child and spousal support; means to defray expense of defense; findings required for attorney's fee award; necessity of findings regarding litigant's assets or debts
Paez v. Paez (18-1206 - Unpublished)   Author: Judge Hunter Murphy
Separation agreement; Specific performance; Credit
State v. Clyde (19-82 - Unpublished)   Author: Judge John Tyson
Second-degree murder; plain error; hearsay; improper closing argument; IAC; prior consistent statement; defendant's statments after Miranda waiver.
State v. Davis (19-280 - Unpublished)   Author: Judge Allegra Collins
State v. Hall (18-1290 - Unpublished)   Author: Judge Hunter Murphy
Flight instruction; Lesser included offense; Voluntary manslaughter.
State v. Horne (19-249 - Unpublished)   Author: Judge Tobias Hampson
Felony child abuse
State v. Phifer (19-541 - Unpublished)   Author: Judge John Tyson
Illegal sentence; sentence after remand; NCGS 15A-1335.
State v. Shell (19-146 - Unpublished)   Author: Judge Chris Dillon
possession with intent to sell or distribute methamphetamine; motion to suppress; consent to search; search and seizure
State v. Thomas (19-399 - Unpublished)   Author: Judge Phil Berger Jr.
bench trial; confrontation rights; second-degree burglary; sufficiency of the evidence
State v. Washington (19-547 - Unpublished)   Author: Judge Allegra Collins
felony identity theft; name and date of birth; identifying information; In re Civil Penalty
Wrubluski v. Wrubluski (19-467 - Unpublished)   Author: Judge Chris Dillon
child support; post-separation support; attorneys? fees; parenting agreement; child support arrearages
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 25 PETITIONS AND 200 MOTIONS.


Filed: 7 January 2020
Mandate: 27 January 2020
Zip File of Published Opinions

Case Title / Description
Akshar Distribution Co. v. Smoky's Mart, Inc.  (19-316 - Published)   Author: Judge Allegra Collins
Default judgment as Rule 37 discovery sanction; Rule 59 motion tolled period to notice appeal; argument to reverse default judgment unpreserved; retirement of trial judge rendered Rule 59 motion unreviewable below; Rule 59 motion denied
Brown v. Fayetteville State Univ.  (19-13 - Published)   Author: Judge Tobias Hampson
Career State employee; After-acquired-evidence doctrine (McKennon rule); Procedural due process requirements.
Causey v. Cannon Sur., LLC  (19-27 - Published)   Author: Judge Allegra Collins
void confession of judgment; confession of judgment violated seizure order; N.C. Captive Insurance Act; judicial estoppel
Copeland v. Amward Homes Of N.C., Inc.  (18-1021 - Published)   Author: Judge Richard Dietz
Negligence; Construction Equipment Roll-Away; Liability of Real Estate Developer; Theories of Legal Duty
Deanes v. Deanes  (19-120 - Published)   Author: Judge Tobias Hampson
Child custody modification; Child support modification; Civil contempt
Deminski v. The State Bd. Of Educ.  (18-988 - Published)   Author: Judge Donna Stroud
Constitutional right to Education, Leandro, DOT v. Charlotte-Mecklenburg Board of Education
Gen. Fid. Ins. Co. v. WFT, Inc.  (18-1103 - Published)   Author: Judge Valerie Zachary
corporate fraud; fraudulent transfer; piercing the corporate veil; unfair and deceptive trade practices
Griffin v. Absolute Fire Control  (19-461 - Published)   Author: Judge Christopher Brook
workers compensation; disability and suitability of substitute employment; makework
In re: Harper  (19-326 - Published)   Author: Judge Valerie Zachary
standard of review; estate proceedings; special proceedings
In re: Harper  (19-327 - Published)   Author: Judge Valerie Zachary
standard of review; estate proceedings; special proceedings
In re: Lowe's Home Ctrs., LLC  (19-125 - Published)   Author: Judge Hunter Murphy
Property Tax; Revaluation; Misapplication
In re: S.C.  (19-333 - Published)   Author: Judge Christopher Brook
Protection of the Abused, Neglected, or Exploited Disabled Adult Act; petition for protective services; petition contents required
Myers v. Myers  (18-1210 - Published)   Author: Judge Donna Stroud
Expert Testimony, NC Rule of Civil Procedure 26, Alimony
Nanny's Korner Day Care Ctr., Inc. v. NC Dep't of Health & Hum. Servs.  (19-416 - Published)   Author: Judge Allegra Collins
exhaustion of administrative remedies; Tort Claims Act; statute of limitations
Paynich v. Vestal  (19-185 - Published)   Author: Judge Allegra Collins
child custody modification order; access to child's medical, school, and counseling records; supervised visitation in best interest of child
State of NC v. Wasco, LLC  (19-355 - Published)   Author: Judge Christopher Brook
res judicata; law of the case; impossibility of compliance with injunction; failure to join necessary party; untimely appeal from motion for reconsideration
State v. Braswell  (19-434 - Published)   Author: Judge Christopher Brook
sufficiency of prior record level evidence; discretionary writs; certiorari
State v. Carter  (19-44 - Published)   Author: Judge Allegra Collins
identity theft; motion to dismiss for insufficient evidence; jury instruction on false, contradictory, or conflicting statements
State v. Crane  (19-369 - Published)   Author: Judge Allegra Collins
driving while impaired; invited error
State v. Hoque  (19-134 - Published)   Author: Judge Allegra Collins
motion to dismiss for insufficient evidence; driving while impaired; resisting a public officer; possession of open container while driving; motion to suppress blood test results; officers' use of force during blood draw; body-camera recordings
State v. Schalow  (19-215 - Published)   Author: Judge Allegra Collins
Third prosecution arising out of same alleged conduct; presumption of prosecutorial vindictiveness; joinable offenses; dismissal required
Unpublished Opinions
7 January 2020  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 27 January 2020 

Chappell v. Chappell (19-11 - Unpublished)   Author: Judge Valerie Zachary
divorce; equitable distribution; classification; valuation
Clement v. Cumberland Cty. (19-414 - Unpublished)   Author: Judge Phil Berger Jr.
Zoning Ordinance, Bona Fide Farm Exception, Administrative Remedies
Conde v. Jessup (19-16 - Unpublished)   Author: Judge Valerie Zachary
DMV; implied-consent offense; reasonable grounds
Crop Prod. Servs., Inc. v. Pearson (19-260 - Unpublished)   Author: Judge Lucy Inman
Breach of warranty; negligent misrepresentation; summary judgment; expert opinion
In Re D.B. (19-387 - Unpublished)   Author: Judge Allegra Collins
involuntary commitment; dangerous to self; serious physical debilitation
In re: A.D.S. (19-258 - Unpublished)   Author: Judge Allegra Collins
injury to real property; juvenile delinquent adjudication; motion to dismiss for insufficient evidence
In re: Hazelwood (19-121 - Unpublished)   Author: Judge Donna Stroud
Jurisdiction, Indictment
In re: K.A. (19-455 - Unpublished)   Author: Judge Phil Berger Jr.
Juvenile, Adjudication, Right to Cross-examine
Kanish, Inc. v. Taylor (19-482 - Unpublished)   Author: Judge John Tyson
Revocation and purchase contract; no acceptance by buyer; electronic signature statute, NCGS 66-315; jury's verdict; entry of default; jury instruction.
Leftwich v. Morris (19-656 - Unpublished)   Author: Judge John Tyson
Interlocutory appeal; compulsory counterclaim; motion to amend; substantial right.
Martin v. Irwin (19-559 - Unpublished)   Author: Judge John Arrowood
personal jurisdiction; N.C.R. Civ. P. 60(b)(4); N.C.R. Civ. P. 4(j); insufficient service of process and personal jurisdiction
Sikes v. Farrell (19-238 - Unpublished)   Author: Judge Chris Dillon
Medical Malpractice; Rule 9(j); Rule 12(b)(6); North Carolina Rules of Civil Procedure; Rule 41; voluntary dismissal; Rule 15; relation back; motion to amend complaint; statute of limitations; Rule 702; North Carolina Rules of Evidence negligence; standard of care; review by expert
State v. Collier (19-174 - Unpublished)   Author: Judge Tobias Hampson
second-degree murder jury instruction; sentencing classification
State v. Curlee (19-451 - Unpublished)   Author: Judge Phil Berger Jr.
Plain error, voluntary intoxication, malicious conduct by a prisoner
State v. Davis (19-227 - Unpublished)   Author: Judge Lucy Inman
Harmless beyond a reasonable doubt Closing argument Improper Grossly improper
State v. Garcia (19-360 - Unpublished)   Author: Judge Christopher Brook
ineffective assistance of counsel; absence of request for limiting instruction on use of 404(b) evidence; motion for appropriate relief
State v. Hernandez-Gonzalez (19-448 - Unpublished)   Author: Judge John Arrowood
NCGS § 7A-271, 272; NCGS § 15A-641(c); original jurisdiction of superior court to hear misdemeanor by presentment
State v. Herring (19-221 - Unpublished)   Author: Judge John Tyson
Attempted firs-degree murder; prior corroboratory statements; Rule 404(b); contents of cell phone browsing history; sufficiency of indictment.
State v. Hewitt (19-382 - Unpublished)   Author: Judge Christopher Brook
expert opinion of identity of controlled substance; plain error admitting expert testimony; clerical error in judgment
State v. Jones (19-14 - Unpublished)   Author: Judge Donna Stroud
motion to dismiss, trafficking by possession, trafficking by transportation
State v. Litaker (19-189 - Unpublished)   Author: Judge Phil Berger Jr.
Motion to Dismiss, Causal Nexus, Possession of Firearm by Felon
State v. Littlejohn (19-347 - Unpublished)   Author: Judge Hunter Murphy
Dismissal; Preservation; Fatal Variance; Ineffective Assistance of Counsel
State v. Locklear (19-487 - Unpublished)   Author: Judge Christopher Brook
injury to personal property; indictments; facial validity of indictments; fatal variance between indictment and evidence; sufficiency of factual basis for guilty plea
State v. Lofton (17-716-2 - Unpublished)   Author: Judge Linda McGee
motion to dismiss, sufficiency of the evidence, attempt to manufacture controlled substance
State v. Martin (19-130 - Unpublished)   Author: Judge Hunter Murphy
Court costs; Civil Judgment; Incomplete record
State v. McCord (19-517 - Unpublished)   Author: Judge Christopher Brook
probation violation; sufficiency of grounds for revocation of probation; clerical error in judgment
State v. Midgette (19-463 - Unpublished)   Author: Judge John Tyson
First-degree murder; felony murder; robbery with a dangerous weapon; motion to dismiss; limitation of cross-examination; Confrontation Clause, Rule 404(b); plain error review.
State v. Mize (19-161 - Unpublished)   Author: Judge Allegra Collins
statutory rape; jury instruction on impeachment or corroboration by prior statement; no prejudicial error
State v. Moore (19-301 - Unpublished)   Author: Judge Lucy Inman
Sale or Delivery of Marijuana; Arresting Judgment; Prior Record Level Stipulation
State v. Moore (19-183 - Unpublished)   Author: Judge Valerie Zachary
sentencing; remand
State v. Myers (19-173 - Unpublished)   Author: Judge Lucy Inman
Carrying A Concealed Gun; Motion to Dismiss; Insufficiency of the Evidence; Operability; Jury Instruction; Plain Error
State v. Patrick (19-571 - Unpublished)   Author: Judge Christopher Brook
legality of search of probationer; motion to suppress
State v. Phoeun (19-190 - Unpublished)   Author: Judge Valerie Zachary
custodial interrogation; Miranda warnings; motion to suppress
State v. Simmons (19-519 - Unpublished)   Author: Judge Reuben Young
Evidence, Mistrial, Prejudice, Improper Comment, Self Defense, Aggressor Doctrine
State v. Webster (19-257 - Unpublished)   Author: Judge John Arrowood
dismissing and replacing juror after jury has been empaneled; NCGS § 15A-1215(a); lay witness opinion testimony under Rule of Evidence 701
State v. Wheeler (18-1272 - Unpublished)   Author: Judge Wanda Bryant
State v. Whitmire (19-550 - Unpublished)   Author: Judge John Arrowood
absconded from probation; NCGS ? 15A-1343(b)(3a)
State v. Williams (18-1130 - Unpublished)   Author: Judge Linda McGee
willful violation of conditions of probation, aggravating factor, N.C.G.S. 15A-1022.1
Steele-Correll v. Price (19-551 - Unpublished)   Author: Judge John Arrowood
N.C.R. Civ. P 60(b)(4), 4(j), (j2); abuse of discretion; default judgment; service of process; motion for relief from judgment
Summit & Crowne Capital Partners, LLC v. Korth Direct Mortg., LLC (19-413 - Unpublished)   Author: Judge Chris Dillon
Motion to Dismiss; Personal Jurisdiction; Loan broker commission; interlocutory order; substantial right; affidavits; opposing affidavits; verified pleading; parent company; alter ego; minimum contacts; contract formation; contractual relationship
The Tr. For Tradewinds Airlines, Inc. v. Soros Fund Mgmt. LLC (19-356 - Unpublished)   Author: Judge John Tyson
Subject matter jurisdiction; contacts with state; piercing corporate veil; agency; default judgment; motions to dismiss