Court of Appeals Slip Opinions

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Filed: 16 April 2025
Mandate: 6 May 2025
Zip File of Published Opinions

Case Title / Description
Icenhour v. Icenhour  (24-601 - Published)   Author: Judge April Wood
Modification of alimony; contempt; failure to pay alimony; substantial change; imputing income; and clerical error.
In re: A.D.W.  (24-868 - Published)   Author: Judge April Wood
Adjudication; abuse; neglect; failure to provide medical care; serious physical injury; substantial risk.
In re: K.E.P.  (24-792 - Published)   Author: Judge Valerie Zachary
abused and neglected juvenile; hearsay; business records; child welfare reports; statements for purposes of medical diagnosis or treatment; findings of fact
In re: L.Q.  (24-571 - Published)   Author: Judge Allegra Collins
termination of parental rights; ICWA; ICWA inquiry made at commencement of the proceedings to terminate parental rights; due process; compliance with N.C. Gen. Stat. 7B-1109; writ of mandamus
Oates v. Berger  (24-559 - Published)   Author: Judge John Arrowood
N.C.G.S. § 103-2; facial challenge; summary judgment; rational basis review.
Smith v. Lane  (24-790 - Published)   Author: Judge April Wood
Motion to dismiss; governmental immunity; interlocutory order; waiver of immunity.
State v. Bryant  (24-436 - Published)   Author: Judge Tobias Hampson
Possession of Drug Parapheralia, substantial evidence, motion to dismiss
State v. Peters  (24-475 - Published)   Author: Judge Chris Dillon
implied consent, vehicle search, item on top of vehicle
State v. Walker  (24-615 - Published)   Author: Judge April Wood
N.C. Gen. Stat. § 15A-1380.5; life imprisonment without parole; abuse of discretion; plain and definite meaning.
State v. Watlington  (23-1106 - Published)   Author: Judge Allegra Collins
first-degree felony murder; assault with a deadly weapon inflicting serious injury; jury instructions; voluntary manslaughter; rule of lenity; hit and run; N.C. Gen. Stat. 20-166; motion to dismiss; accessory after the fact; N.C. Gen. Stat. 14-7; fatal variance; ex mero motu
Williams v. Cabrera  (23-826 - Published)   Author: Judge Jeff Carpenter
domestic violence protection order, discretionary relief, abuse of discretion, bodily injury, incorporation, no prejudicial error, affirmed as modified.
Unpublished Opinions
16 April 2025  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 6 May 2025 

In re: M.H.B., J.C.B. (24-533 - Unpublished)   Author: Per Curiam
neglect, findings of fact, conclusions of law, termination of parental rights
Kustra v. Griffing (24-766 - Unpublished)   Author: Judge John Arrowood
interlocutory appeal; inconsistent verdicts; burden to present appropriate grounds. 
Melvin v. N.C. Dep't of the Sec'y of State (24-769 - Unpublished)   Author: Judge Allegra Collins
State Tort Claims Act; Rule 12(b)(6); motion to dismiss; North Carolina Industrial Commission
State v. Boggs (24-470 - Unpublished)   Author: Judge John Arrowood
Felony Murder; Armed Robbery; Possession of a Firearm by a Felon; Motion to Dismiss
State v. Bohl (24-592 - Unpublished)   Author: Judge Chris Dillon
violation of domestic violence protective order, motion to dismiss
State v. Bullock (24-469 - Unpublished)   Author: Judge Tom Murry
Motion for postconviction DNA testing; N.C.G.S. §§ 15A-268, 269; evidence materiality
State v. Drayton (23-1087 - Unpublished)   Author: Judge Jeff Carpenter
petition for writ of certiorari; plea agreement; transcript of plea; ineffective assistance of counsel; motion for appropriate relief; voluntary, knowing, and intelligent plea; dismissed without prejudice. 
State v. Duncan (24-501 - Unpublished)   Author: Judge Valerie Zachary
first-degree murder; hearsay; subsequent conduct of declarant; photo identification lineup; impeachment; failure to show prejudice
State v. Fishback (24-540 - Unpublished)   Author: Judge Jeff Carpenter
PWC; Civil Judgment; Attorneys' Fees; Notice; Opportunity to be Heard
State v. Lotson (24-56 - Unpublished)   Author: Judge Michael Stading
trial court; child abuse; character evidence; open the door; plain error; medical files; expert; testimony; failure to object
State v. Parchment (24-580 - Unpublished)   Author: Judge Allegra Collins
jury instructions; invited error; unpreserved error; plain error; waived appellate review
State v. Proctor (24-891 - Unpublished)   Author: Judge Valerie Zachary
abuse of discretion; expert testimony; impairment; clerical error
State v. Robinson (24-147 - Unpublished)   Author: Judge John Arrowood
PWC; State commentary on failure to refute evidence; Rules of Evidence 403, 404, 602.
State v. Robinson (24-735 - Unpublished)   Author: Judge Tom Murry
Eyewitness Identification Reform Act; photo lineup; lay-testimony admission
State v. Thompson (24-660 - Unpublished)   Author: Judge April Wood
Writ of certiorari; premature notice of appeal; N.C. Gen. Stat. § 15A-1242; pro se defendant.
State v. Walton (24-886 - Unpublished)   Author: Judge Julee Flood
body-worn camera footage, N.C.R. Evid. 403, first degree murder, testimony objection, failure to preserve objection
Stewart v. Brickman (24-710 - Unpublished)   Author: Judge John Tyson
Domestic Relations; Attorney Fees Award; American Rule; N.C. Gen. Stat. § 50-13.6 (2023). Required Findings; N.C. Rev. R. Prof. Conduct 1.5(a)-(b); Amount and Reasonableness of time spent; Failure to file timely affidavit
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 37 PETITIONS AND 223 MOTIONS.


Filed: 4 April 2025
Mandate: 7 April 2025
Zip File of Published Opinions

Case Title / Description
Griffin v. N.C. State Bd. of Elections  (25-181 - Published)   Author: Per Curiam
Election Protests; Notice and Probable Cause; Residence; Eligibility to vote; Voter Identification; Help American Vote Act; Military and Overseas Voters; Curable Deficiency; Remedies;
Unpublished Opinions
4 April 2025  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 7 April 2025 

IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 37 PETITIONS AND 223 MOTIONS.


Filed: 2 April 2025
Mandate: 22 April 2025
Zip File of Published Opinions

Case Title / Description
Arrington v. Arrington  (24-631 - Published)   Author: Judge April Wood
Equitable distribution; distribution award; unequal distribution; N.C. Gen. Stat. Section 50-20(c) factors; classification and valuation of property; marital property; separate property; sufficiency of findings of fact and conclusions of law; abuse of discretion; entry of default.
Bilfinger Inc. v. Cargill, Inc.  (24-320 - Published)   Author: Judge Tobias Hampson
Motion to compel arbitration; interlocutory appeal; substantial right
In re: R.A.X.  (24-743 - Published)   Author: Judge Donna Stroud
termination of parental rights, willful failure to make progress, safe and stable housing
Inscoe v. Ishee  (24-272 - Published)   Author: Judge Donna Stroud
Writ of Mandamus, North Carolina Department of Adult Correction, discretionary authority, separation of prisoners as to sex
Intrepid Direct Ins. Agency v. Amerex Corp.  (24-583 - Published)   Author: Judge Valerie Zachary
pleading; misnomer; subject-matter jurisdiction; motion to dismiss; standing
Richmond Cnty. Bd. of Educ. v. Folwell  (24-827 - Published)   Author: Judge Chris Dillon
sovereign immunity, money judgment, claim for relief
Shomette v. Needham  (24-172 - Published)   Author: Judge Donna Stroud
Domestic Violence Protective Order, findings of fact, ultimate facts, recitations of evidence
State v Capps  (24-653 - Published)   Author: Judge Valerie Zachary
felonious possession of stolen goods; preservation; offer of proof; motion to dismiss; constructive possession; incriminating circumstances
State v. Ervin  (24-650 - Published)   Author: Judge Allegra Collins
motion to dismiss; first-degree murder; premeditation; deliberation; relevancy; Rule 404(b); Rule 403; closing arguments; self-defense; excessive force
Unpublished Opinions
2 April 2025  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 22 April 2025 

Cowee Mountain Improvement Ass'n, Inc. v. Murrah (24-760 - Unpublished)   Author: Judge Julee Flood
summary judgment; genuine issue of material fact; judgment as a matter of law; de novo; substantial evidence; declaratory judgment; setoff; recoupment; restrictive covenants; property; subdivision; association; assessments; maintenance; easement; agreement; implied in fact contract; consolidated case.
Golden v. Argila (24-337 - Unpublished)   Author: Judge Valerie Zachary
civil contempt; issues abandoned on appeal; findings of fact; ability to pay; willful disobedience
Hamilton v. FedEx Ground Package Sys., Inc. (24-727 - Unpublished)   Author: Judge Tom Murry
accord-and-satisfaction defense; Workers’ Compensation Act
In re: J.M. (24-146 - Unpublished)   Author: Per Curiam
No merit brief, termination of parental rights, NC Rules of Appellate procedure 3.1(e)
In re: K.F.M. (23-834 - Unpublished)   Author: Judge Jeff Carpenter
Subject Matter Jurisdiction; Termination of Parental Rights; Notice of Appeal; PWC; Verification; Termination Petition
In re: K.M. & K.M. (24-593 - Unpublished)   Author: Judge John Arrowood
preservation of appeal; constitutional right to parent; reunification efforts.
In re: P.J. (24-155 - Unpublished)   Author: Per Curiam
3.1 case, termination of parental rights, abuse of sibling, N.C.G.S. § 7B-901(c)(1), In re L.N.H., 382 N.C. 536 (2022).
In re: R.A.C. (24-768 - Unpublished)   Author: Judge Michael Stading
Termination of parental rights; best interests; N.C. Gen. Stat. § 7B-1110(a) factors; abuse of discretion.
In re: R.E., C.E., Jr. (24-782 - Unpublished)   Author: Judge Jefferson Griffin
Adjudication of neglect. Assuming challenged findings unsupported, unchallenged findings sufficient to support conclusion of improper discipline, care, supervision and injurious environment.
Murrah v. Cowee Mountain Improvement Ass'n, Inc. (24-761 - Unpublished)   Author: Judge Julee Flood
summary judgment; genuine issue of material fact; judgment as a matter of law; de novo; substantial evidence; declaratory judgment; setoff; recoupment; restrictive covenants; property; subdivision; association; assessments; maintenance; easement; agreement; implied in fact contract; consolidated case.
Roberts v. Roberts (24-354 - Unpublished)   Author: Judge Michael Stading
summary judgment; quiet title claim; latent ambiguity; extrinsic evidence
State v. Bullock (24-94 - Unpublished)   Author: Judge Donna Stroud
Rule 702, plain error, first-degree forcible rape, first-degree forcible sex offense
State v. Garlins (24-374 - Unpublished)   Author: Judge Jeff Carpenter
Restitution Award; Alford Plea; Statutory Right of Appeal; PWC
State v. Hamilton (22-847-2 - Unpublished)   Author: Judge Jeff Carpenter
Remand; Preservation; Plain Error; Jury Instructions; Lesser Included Offense; Robbery with a Dangerous Weapon
State v. Harvell (24-268 - Unpublished)   Author: Judge Tobias Hampson
Motion to dismiss; substantial evidence; Obtain Property by False Pretenses
State v. Harwell (24-492)   Opinion not available
involuntary manslaughter; evidence; clear and positive; lesser-included offense; instructional error; prejudice; malice; intent; intentional; discharge; occupied; automobile; likely; weapon; jury polling; preservation; objection; timely; waive
State v. Hearne (24-998 - Unpublished)   Author: Judge Julee Flood
Probation revocation, absconding, no clerical error.
State v. Johnson (24-682 - Unpublished)   Author: Judge Jefferson Griffin
Sufficient evidence of trespassory taking; fatal variance; excluding testimony; defendant’s right to be heard during sentencing; imposition of attorney fees as a condition of post-release supervision; opportunity to be heard when awarding attorney fees; restitution; ineffective assistance of counsel
State v. McBryde (24-657 - Unpublished)   Author: Judge Jefferson Griffin
Sexual assault of minor; improper expert vouching; characteristics consistent with abuse; sufficient foundation for expert testimony
State v. Roberson (24-392 - Unpublished)   Author: Judge John Arrowood
N.C.G.S. § 15A-1233; Assault by Strangulation; Assault on a Female
State v. Roseman (24-629 - Unpublished)   Author: Judge John Arrowood
prior record level points, petition for judicial notice.
State v. Smith (24-642 - Unpublished)   Author: Judge Jeff Carpenter
right to counsel, voluntary waiver; knowing and intelligent, waiver form, mandatory inquiry, new trial
State v. Stockwell (24-549 - Unpublished)   Author: Per Curiam
motion to suppress, traffic stop, oral findings
State v. Watts (24-641 - Unpublished)   Author: Judge John Arrowood
Improper closing arguments; Improper vouching; Jury requests.
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 37 PETITIONS AND 223 MOTIONS.


Filed: 19 March 2025
Mandate: 8 April 2025
Zip File of Published Opinions

Case Title / Description
Ayala v. Perry  (24-251 - Published)   Author: Judge Jeff Carpenter
class action, motion to dismiss, personal jurisdiction, failure to state a claim, governmental immunity, substantial right, interlocutory appeal, jurisdiction, dismissed
In re: A.J.B.  (24-702 - Published)   Author: Judge Tom Murry
termination of parental rights; N.C.G.S. 7B-1104 compliance; subject-matter jurisdiction
In re: B.C. & I.C.  (23-830 - Published)   Author: Per Curiam
abused and neglected juveniles; appropriate alternative child care arrangement; dependency adjudications vacated
State v. Earley  (24-386 - Published)   Author: Judge Julee Flood
attempted first degree murder; assault with a deadly weapon with intent to kill inflicting serious injury; AWDWIKISI; error; plain error; grossly improper; closing argument; silence; shooting; handgun; Fifth Amendment; Miranda; prejudice; untimely objection; unpreserved error.
State v. Fuller  (24-471 - Published)   Author: Judge Tobias Hampson
Right to counsel; Right to be present in courtroom; substantially similar offenses; Identity Theft
State v. Johnson  (24-816 - Published)   Author: Judge Michael Stading
Anders brief; Prejudicial error; Written arguments; Record; Motion for substitute counsel; Self-representation; Admission of evidence; Speculation; Attorney fees; Notice; Opportunity to be heard.
State v. McGirt  (24-551 - Published)   Author: Judge Julee Flood
Right to counsel, waiver of counsel, N.C.G.S. § 15A-1242, advising defendants on range of punishments, forfeiture of counsel, repeated firing of counsel.
State v. Miller  (24-72 - Published)   Author: Judge Michael Stading
courtroom closure; Waller; threaten witness; discharge firearm in city limits; overriding interest; reasonable alternatives; no broader than necessary; right to a public trial
State v. Parker  (24-230 - Published)   Author: Judge John Tyson
Second Degree Murder; Aggravating factors; Possession of Firearm by a Felon; B1 Sentence; Comments on Silence; IAC Claims; Prejudice;
State v. Rowland  (24-274 - Published)   Author: Judge Allegra Collins
motion to dismiss; keeping or maintaining a dwelling for the keeping or selling of controlled substances; N.C. Gen. Stat. Sec. 90-108(a)(7); substantial evidence to support the element of keeping or maintaining
State v. Wilson  (24-442 - Published)   Author: Judge Chris Dillon
resentencing, prior record level
State v. Windseth  (24-718 - Published)   Author: Judge Tom Murry
Business-records declaration; evidence authentication; lay testimony; ineffective assistance of counsel; N.C.G.S. 8-97; N.C.R.E. 901; N.C.R.E. 803
Weiss v. Cont'l Aerospace Techs., Inc.  (24-701 - Published)   Author: Judge Tobias Hampson
Product liability; Manual as separate product; pleading
Zhang v. Cary Acad.  (24-744 - Published)   Author: Judge Jefferson Griffin
12(b)(6); Pro Se;  Breach of Contract; Parental Bill of Rights; Aiding and Abetting; Tortious Interference with a Contract
Unpublished Opinions
19 March 2025  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 8 April 2025 

Beacon Pointe Owners Ass'n, Inc. v. Corrigan (24-294 - Unpublished)   Author: Judge Donna Stroud
notice of appeal, certificate of service, Rule 3, Rule 26
Fehl v. Appalachian State Univ. (24-845 - Unpublished)   Author: Judge Julee Flood
Office of Administrative Hearings; OAH; Administrative Law Judge; ALJ; interview; career-status employee; priority; back pay; salary range; de novo; whole record; arbitrary; capricious; whimsical; findings of fact; material facts; calculation; damages; abandoned on appeal
In re: A-A.H-T. (24-530 - Unpublished)   Author: Judge April Wood
Disposition order; abuse, neglect, dependency; abuse of discretion; case plan requirements; steps towards reunification; remedying conditions that led to juvenile's adjudication; injurious living environment; medical abuse; best interests of the juvenile.
In re: B.M. & C.M. (24-728 - Unpublished)   Author: Judge Tom Murry
termination of parental rights; neglected juvenile; legal guardianship; understand legal significance of appointment; abuse of discretion
In re: E.B. (24-705 - Unpublished)   Author: Judge Christopher Freeman
juvenile code; best interests; guardianship; visitation; permanency planning; ineffective assistance of counsel
In re: J.F. (24-553 - Unpublished)   Author: Judge John Tyson
Award of custody to a non-parent; Permanency planning order; Required N.C. Gen. Stat. § 7B-906.2(d)(3) (2023) findings; Adequate Resources;
In re: R.X.F., G.T.F., D.R.F. (23-547 - Unpublished)   Author: Per Curiam
termination of parental rights, findings of fact, N.C.G.S. 7B-111(a)(1)
Muse v. Daimler Trucks N. Am. (23-1038 - Unpublished)   Author: Judge Michael Stading
accident; industrial commission; discipline; workplace; inappropriate language; tort; findings of fact; conclusions of law; employee
Sherrill v. Simpson (23-667 - Unpublished)   Author: Judge Donna Stroud
public official immunity, negligence, summary judgment
State v. Bailey (24-324 - Unpublished)   Author: Judge John Tyson
Felony breaking or entering a motor vehicle; Felony larceny; Plain Error; Waiver; Confrontation Clause; Recorded Recollection
State v. Evans (24-774 - Unpublished)   Author: Judge Tom Murry
Anders brief
State v. Hatcher (24-555 - Unpublished)   Author: Judge Tobias Hampson
Trespass; Defense of Right; Ineffective Assistance of Counsel
State v. Jackson (24-421 - Unpublished)   Author: Judge April Wood
First-degree murder; robbery with a dangerous weapon; admissibility of rap lyrics; relevancy; unfair prejudice; probative value; balancing test; Rule 401; Rule 403; closing argument; ex mero motu; evidence to the jury room over objection; no prejudicial error.
State v. Kempton (24-400 - Unpublished)   Author: Judge April Wood
Voluntary manslaughter; motion to dismiss; de novo; perfect self-defense; substantial evidence; excessive force; severity of wounds on the victim; light most favorable to the State; waiver of objection to testimony; failure to object to similar testimony; no error.
State v. Lawrence (24-558 - Unpublished)   Author: Judge Chris Dillon
resentencing jurisdiction, N.C.G.S. 15A-1335
State v. Mejia (24-216 - Unpublished)   Author: Judge Jeff Carpenter
Alford Plea; Petition for Writ of Certiorari; Clerical Errors; Remanded
State v. Murphy (24-182 - Unpublished)   Author: Judge John Tyson
Intentional child abuse causing serious injury; Assault with a deadly weapon inflicting serious injury ; Custodial interrogation
State v. Ollison (24-499 - Unpublished)   Author: Judge Chris Dillon
sua sponte, mistrial, curative instruction, prejudicial testimony
Townsend v. N.C. Dep't of Adult Corr. (24-659 - Unpublished)   Author: Judge Julee Flood
North Carolina Industrial Commission, negligence, subpoenas, evidence credibility.
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 37 PETITIONS AND 223 MOTIONS.


Filed: 5 March 2025
Mandate: 25 March 2025
Zip File of Published Opinions

Case Title / Description
In re C.A.D.  (24-619 - Published)   Author: Judge Valerie Zachary
termination of parental rights hearing; motion to continue; extraordinary circumstances; proper administration of justice
In re: D.E.  (24-289 - Published)   Author: Judge Donna Stroud
parental visitation rights, minimum frequency of visitation, best interests
In re: D.R.W., Jr.  (24-623 - Published)   Author: Judge Allegra Collins
termination of parental rights; findings of fact supported by clear, cogent, and convincing evidence; willful abandonment
In re: Godfrey  (24-100 - Published)   Author: Judge Chris Dillon
non-judicial foreclosure, ratification, equitable arguments
In re: S.W.  (24-737 - Published)   Author: Judge Julee Flood
motion to dismiss, MTD, guardian ad litem, GAL, underlying juvenile case, subject matter jurisdiction, transfer venue, abeyance, prior pending action doctrine, continuing jurisdiction, exclusive jurisdiction, termination of parental rights, TPR, interlocutory appeal, de novo, abuse of discretion, Chapter 7B, Chapter 50, Rules of Civil Procedure, ends of justice, fair trial.
Jay v. Jay  (24-145 - Published)   Author: Judge John Arrowood
DVPO; N.C.G.S 50B-1, 50B-3; findings of fact.
Paradigm Park Holdings, LLC v. Global Growth Holdings, Inc.  (24-482 - Published)   Author: Judge April Wood
Summary judgment; contracts; waiver; unjust enrichment; breach of contract; implied waiver; commercial lease dispute.
State v. Fearns  (23-650 - Published)   Author: Judge Donna Stroud
preservation, Rule 63, motion to dismiss, pre-accusation delay
State v. Griffin  (24-156 - Published)   Author: Judge Michael Stading
Jury selection; Juror; Alternate juror; Prospective juror; Empaneled; Venire; Panel; Jury pool; Statutory error; Prejudicial error; Challenge for cause; Statutory interpretation; Error per se; Structural error; Constitutional right; Fair and impartial jury; Unpreserved; Rule 2; Manifest injustice.
State v. Rojas  (24-690 - Published)   Author: Judge Christopher Freeman
Sentencing; mitigating factors; failure to find mitigating factor; mental or physical condition; N.C.G.S. 15A-1340.16.
State v. Ruffin  (24-276 - Published)   Author: Judge Tobias Hampson
Trafficking; plain error; identification of controlled substance; marijuana and hemp
Ziegler v. Ziegler  (24-536 - Published)   Author: Judge Julee Flood
personal jurisdiction, sufficient minimum contacts, child custody, visitation, domestic violence, nonresident defendant, motion to dismiss for lack of personal jurisdiction. 
Ziegler v. Ziegler  (24-539 - Published)   Author: Judge Julee Flood
personal jurisdiction, sufficient minimum contacts, child custody, visitation, domestic violence, nonresident defendant, motion to dismiss for lack of personal jurisdiction. 
Unpublished Opinions
5 March 2025  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 25 March 2025 

In re: J.C.M. (24-269 - Unpublished)   Author: Per Curiam
continuing jurisdiction, permanency planning, visitation
In re: J.D.T.D., Z.H.D. (24-752 - Unpublished)   Author: Judge Michael Stading
Termination of parental rights; relative placement; best interests of the children; abuse of discretion; Article 9 of the Juvenile Code; Article 11 of the Juvenile.
In re: M.B. (24-694 - Unpublished)   Author: Judge Jefferson Griffin
Jurisdiction over juvenile actions under N.C. Gen. Stat. 7B-200 and 7B-401(b); transfer to Chapter 50 civil action under N.C. Gen. Stat. 7B-911(c)(2)
In re: Ochsner (24-343 - Unpublished)   Author: Judge Chris Dillon
N.C.G.S. 132-1.4, criminal investigation disclosure, public records request
In re: W.G., J.G., H.G. (23-775 - Unpublished)   Author: Judge Jeff Carpenter
Subject Matter Jurisdiction; Standing; UCCJEA; Home State Jurisdiction; Exclusive Continuing Jurisdiction; Verification Requirement; Termination of Parental Rights; Dependency; Ineffective Assistance of Counsel.
Merritt v. S&S Mgmt. Grp., LLC (24-648 - Unpublished)   Author: Judge Jefferson Griffin
Attorney fees; N.C. Gen. Stat 6-21.5, 75-16.1, and 66-154(d); N.C. R. Civ. P. 11(a); findings to support reasonableness of amounts awarded
State v. Dalton (24-662 - Unpublished)   Author: Judge Tom Murry
petition for writ of certiorari; sentencing; clerical error; plea agreement; no error
State v. Dunbar (24-747 - Unpublished)   Author: Judge Julee Flood
felony fleeing to elude arrest; misdemeanor resisting, delaying, or obstructing a police officer; motion to dismiss; Rule 404(b); Rule 403; plain error; prior record level; jury instruction; pursuit; brightly-lit; flashlight; high beams; arrested judgment; preservation; failure to object; substantial evidence; abuse of discretion; indictment; aggravating factors; stipulation.
State v. Fair (24-385 - Unpublished)   Author: Judge Jefferson Griffin
Expert vouching; expert witness use of "disclose" and "victim"; ineffective assistance of counsel
State v. Morgan (24-575 - Unpublished)   Author: Judge Allegra Collins
guilty plea; due process; voluntarily and understandingly; direct consequences; sentencing; personal knowledge
State v. Smith (24-517 - Unpublished)   Author: Judge Valerie Zachary
Anders brief; clerical error; prior record level calculation
State v. Wilson (24-885 - Unpublished)   Author: Per Curiam
sentencing error, calculation of prior convictions, N.C.G.S. § 15A-1340.21(b). 
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 37 PETITIONS AND 223 MOTIONS.


Filed: 19 February 2025
Mandate: 11 March 2025
Zip File of Published Opinions

Case Title / Description
Fish v. Stetina  (23-1115 - Published)   Author: Judge Jeff Carpenter
Alienation of affection, criminal conversation, law-of-the-case doctrine, issue preclusion, claim preclusion, res judicata, voluntary dismissal, punitive damages, summary judgment, out-of-state conduct, preservation, directed verdict
Gardner v. Richmond Cty.  (21-600-2 - Published)   Author: Judge Donna Stroud (View Supreme Court Opinion)
standing, motion to dismiss, declaratory judgment, special damages
Hansley v. Hansley  (24-267 - Published)   Author: Judge Allegra Collins
petition to partition real property; lack of personal jurisdiction; failure to require proof of service of the summons and petition; abuse of discretion in denying Rule 60(b) motion; N.C. Gen. Stat. 1-75.10 and 1-75.11
In re: G.B.G., R.J.W.  (24-473 - Published)   Author: Judge Michael Stading
Abuse, neglect, dependency; interlocutory; temporary disposition order; motion to strike brief of GAL; unsafe conditions; domestic violence; differing neglect adjudications; single petition for two minors
In re: K.J.P.W.  (24-497 - Published)   Author: Judge Julee Flood
Rule 17 guardian appointment, willful abandonment, termination of parental rights. 
In re: X.I.F., J.R.F., C.D.F.  (24-675 - Published)   Author: Judge Christopher Freeman
termination of parental rights, willful abandonment, incarcerated respondent, neglect by abandonment
State v Reaves  (24-663 - Published)   Author: Judge April Wood
Motion to dismiss; sufficiency of evidence; with a deadly weapon inflicting serious injury; serious physical injury; no error; province of the jury.
State v. Belfield  (24-640 - Published)   Author: Judge Julee Flood
satellite-based monitoring; SBM; findings of fact; competent evidence; conclusion of law; legal accuracy; correct application; justify; conclusive; risk; assessment; Static-99; N.C.G.S. § 14-208.40B; additional evidence; additional findings; highest level; supervision; monitoring
State v. Curtis  (24-204 - Published)   Author: Judge Valerie Zachary
petition for writ of certiorari; sentencing; mitigating factor; stipulation; defendant's request for a different judge on remand
State v. Greenfield  (23-597 - Published)   Author: Judge Donna Stroud
felony murder, jury instructions, double jeopardy, collateral estoppel, character evidence, closing arguments, opinion testimony
State v. Nanes  (24-487 - Published)   Author: Judge Jefferson Griffin
Felony possession of a firearm; facial challenge; as-applied challenge; Second Amendment; constitutionality; first-degree murder
State v. Velasco  (24-333 - Published)   Author: Judge John Tyson
First-degree forcible rape; First-degree forcible sexual offense; Sexual servitude of a child victim; Incest; Preserved Objections; Waiver; Plain Error; Flight; Jury Instructions; Aiding & Abetting; DNA Evidence;
Unpublished Opinions
19 February 2025  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 11 March 2025 

In re: A.W. (24-371 - Unpublished)   Author: Judge Tobias Hampson
Juvenile; timely notice of appeal
In re: C.C.B., A.L.B. (24-870 - Unpublished)   Author: Per Curiam
Termination of parental rights; no-merit brief; independent review of the record
In re: J.D.S. (24-569 - Unpublished)   Author: Judge April Wood
Termination of parental rights; cumulative error; grounds for termination; neglect; parental rights terminated as to another child; willful failure to make reasonable progress; proposed placement with relatives
In re: L.M.H. (24-656 - Unpublished)   Author: Judge Michael Stading
termination of parental rights; willful abandonment; incarcerated parent; six-month determinative period; temporary child custody order
In re: R.S.M-M. (24-851 - Unpublished)   Author: Per Curiam
Termination of parental rights; no-merit brief; independent review of the record
Oxford Hous. Auth. v. Church (23-917 - Unpublished)   Author: Judge Donna Stroud
federally subsidized housing, lease termination, notice, and grievance procedures
State v. Barrett (24-597 - Unpublished)   Author: Per Curiam
prior conviction level; harmless error; misdemeanor assault; sentencing calculation; stipulation.
State v. Bell (24-511 - Unpublished)   Author: Judge Fred Gore
plain error review; N.C. R. Evid. 404(b).
State v. Bliss (24-92) - [Withdrawn by order of the Court]
State v. Boles (24-542 - Unpublished)   Author: Judge John Arrowood
Choice of Counsel; Structural Error; Driving While Impaired; Possession of Marijuana.
State v. Brewington (24-327 - Unpublished)   Author: Judge April Wood
Revocation of probation; revocation of probation after probationary period; subject matter jurisdiction; good cause
State v. Carr (24-423 - Unpublished)   Author: Judge John Arrowood
restitution; attorney fees; larceny.
State v. Curl (24-858 - Unpublished)   Author: Per Curiam
Anders, no-contest plea appeal (N.C.G.S. § 15A-1444), AWDWISI
State v. Davis (24-275 - Unpublished)   Author: Judge Fred Gore
Right to counsel; waiver by conduct; N.C.G.S. § 15A-1242 ; plain error review; N.C. R. Evid. 701.
State v. Finger (24-495 - Unpublished)   Author: Judge Valerie Zachary
probation revocation; no abuse of discretion; defrauding a drug test
State v. Grier (24-383 - Unpublished)   Author: Judge April Wood
Motion to dismiss; sufficiency of evidence; intent to defraud; obtaining property by false pretense; financial card theft; no error; evidence at trial sufficient.
State v. Locklear (24-741 - Unpublished)   Author: Per Curiam
Anders; post-conviction DNA testing; no specific facts; no materiality
State v. Long (24-531 - Unpublished)   Author: Judge Jefferson Griffin
First-degree murder; defense of others; sufficient evidence; jury instructions
State v. Moore (24-585 - Unpublished)   Author: Judge John Tyson
Flee to Elude Arrest; Prior Convictions; Rule 404(b); Knowledge, Motive, Scheme,or Plan; Limiting Instructions; Possession of Controlled Substances; No showing of Prejudice;
State v. Noblitt (24-860 - Unpublished)   Author: Per Curiam
Anders; judgment revoking probation; post-conviction proceedings; no prejudicial error; no non-frivolous issues
State v. Pica (24-502 - Unpublished)   Author: Judge Allegra Collins
no plain error; opinion testimony; credibility and guilt; fundamental error; no prejudice; felonious possession; knowingly possessed
State v. Robertson (24-356 - Unpublished)   Author: Judge Julee Flood
motion to suppress; findings of fact; competent evidence; de novo; Fourth Amendment; search warrant; reasonable cause; sufficient particularity; magistrate; practical; common-sense; reasonable inferences; deference; plain error; prejudice; reasonable probability
State v. Shipman (24-167 - Unpublished)   Author: Judge Chris Dillon
motion to suppress evidence, Fourth Amendment, Fifth Amendment, Seizure, custodial interrogation
State v. Washington (24-529 - Unpublished)   Author: Judge April Wood
Abuse of discretion; no error; undisclosed witness; surprise witness; Smith standard; witness list; N.C. Gen. Stat. § 15A-903.
Sullivan v. Pender Cnty. (24-545 - Unpublished)   Author: Per Curiam
legal tender, Rule 60 motion, property taxes
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 37 PETITIONS AND 223 MOTIONS.


Filed: 5 February 2025
Mandate: 25 February 2025
Zip File of Published Opinions

Case Title / Description
In re: D.E-E.Y., L.E.P., T.R.Y.  (24-564 - Published)   Author: Judge Allegra Collins
right to counsel; termination of parental rights; motion to withdraw from representation; notice requirement; N.C. Gen. Stat. 7B-1101.1(a)
In re: N.R.R.N.  (24-403 - Published)   Author: Judge Donna Stroud
neglected juvenile, abused juvenile, prior abuse and neglect, verbatim recitations of petition's allegations
In re: Z.A.N.L.W.C., K.E.N.S., J.J.A.W-S., H.O.J-W.  (24-418 - Published)   Author: Judge Donna Stroud
termination of parental rights, jurisdiction, notice of appeal, proper party
Roy v. Martin  (24-428 - Published)   Author: Judge Julee Flood
Domestic violence protection order, no good cause, no continued legitimate fear, lack of competent evidence.
Se. Pub. Safety Grp., Inc. v. N.C. Dep't of Justice  (24-191 - Published)   Author: Judge Valerie Zachary
administrative law; de novo review; Company Police Act; jurisdiction; I-77 HOT Lanes Project; policing a public highway
State v. Boyd  (24-36 - Published)   Author: Judge April Wood
Right to a speedy trial; motion to dismiss; Barker factors; juror misconduct; jury instructions.
State v. Nobles  (24-458 - Published)   Author: Judge John Arrowood
juror misconduct; first-degree murder; impartial jury; abuse of discretion.
State v. Spry  (24-129 - Published)   Author: Judge John Tyson
Common Law Robbery; Kidnapping of a Minor; Voluntariness of Plea; Post Release Supervision; Sex Offender Registration; Collateral consequences; Direct consequences; MAR; Factual hearing; Remand;
Unpublished Opinions
5 February 2025  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 25 February 2025 

Anderson v. WMCI Charlotte II, LLC (24-476 - Unpublished)   Author: Judge Tobias Hampson
Residential lease; statute of limitations; personal injury
Cameron v. Newman (23-1120 - Unpublished)   Author: Judge Michael Stading
Partition sale, Rule 59 motion; Rule 8 notice.
In re: A.R.B. (24-515 - Unpublished)   Author: Judge John Arrowood
3.1; termination of parental rights; willful abandonment; best interest determination.
In re: I.G.J. (24-655 - Unpublished)   Author: Judge Julee Flood
clear, cogent, and convincing evidence; findings of fact; binding; unchallenged; at least one ground; N.C.G.S. § 7B-1111(a)(1); neglect; neglected juvenile; prior adjudication; probability; likelihood; repetition; future neglect; case plan; sporadic; sustained
In re: J.L.W. (24-620 - Unpublished)   Author: Judge Jefferson Griffin
Termination of parental rights, disposition, weight of required NCGS 7B-1110 findings
In re: L.-A.S.N.-C. (24-622 - Unpublished)   Author: Judge Jefferson Griffin
No merit; termination of parental rights; neglected and dependent juvenile
In re: L.L.A. (24-560 - Unpublished)   Author: Judge Valerie Zachary
termination of parental rights; willful abandonment; incarceration; findings of fact; best interests; ineffective assistance of counsel
In re: Z.C.H., K.D.A. (24-554 - Unpublished)   Author: Judge Chris Dillon
termination of parental rights, repetition of neglect, case plan
Peter Millar, LLC v. Shaw's Menswear, Inc. (24-370 - Unpublished)   Author: Judge Valerie Zachary
waiver of venue; motion for summary judgment; attorneys' fees; interlocutory appeal
State v. Aguilar (24-457 - Unpublished)   Author: Judge John Tyson
Indecent Liberties; Sexual Offense with a Child; Motive for Cross Examination; Rule 404(b); Plain error;
State v. Clark (23-1156 - Unpublished)   Author: Per Curiam
search warrant, sufficient probable cause, affidavit discrepancies
State v. Davis (24-408 - Unpublished)   Author: Judge Valerie Zachary
motion to suppress; preservation; invited error; ineffective assistance of counsel
State v. Gause (24-576 - Unpublished)   Author: Judge Allegra Collins
Anders briefs; post-conviction DNA testing; no materiality; no justiciable issue; wholly frivolous appeal
State v. Metcalf (24-415 - Unpublished)   Author: Per Curiam
Consecutive Probationary terms; N.C. Gen. Stat. § 15A-1346 (2023); State conceded error; Remand
State v. Ward (24-574 - Unpublished)   Author: Per Curiam
Anders brief
State v. Webb (24-625 - Unpublished)   Author: Per Curiam
indecent liberties with a child, motion to dismiss, sufficient evidence, witness credibility.
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 37 PETITIONS AND 223 MOTIONS.


Filed: 15 January 2025
Mandate: 4 February 2025
Zip File of Published Opinions

Case Title / Description
Higgins v. Mendoza  (24-140 - Published)   Author: Judge John Arrowood
gross negligence; summary judgment; N.C.G.S. 20-145; public official immunity
State v. Davenport  (24-330 - Published)   Author: Judge Tobias Hampson
First-degree murder; authentication; relevance
State v. Middleton  (24-252 - Published)   Author: Judge Valerie Zachary
intentional child abuse inflicting serious bodily injury; felony-murder rule; sufficiency of the evidence; "inherently incredible" witness testimony; plain error review
Warren v. Bonner  (24-453 - Published)   Author: Judge Allegra Collins
jury voir dire; jury impanelment; civil litigation; peremptory challenge; judgment notwithstanding the verdicts; lack of jurisdiction; N.C. R. App. P. 3(d)
Unpublished Opinions
15 January 2025  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 4 February 2025 

Clark v. Clark (24-425 - Unpublished)   Author: Judge Tobias Hampson
Premarital Agreement; Standard of proof
In re: B.F., I.F. (24-175 - Unpublished)   Author: Judge Fred Gore
permanency planning order; juvenile's best interests; challenged findings of fact; propensity for violence assessment; conditions of the home; completed components of case plan; no abuse of discretion
In re: Myers (23-943 - Unpublished)   Author: Judge Fred Gore
interlocutory appeal; motion for judicial recusal
In re: P.G. & K.S.G. (23-1039 - Unpublished)   Author: Judge Fred Gore
N.C.G.S. § 7B-1111(a)(1); N.C.G.S. § 7B-1110(a); N.C.G.S. § 7B-601(a).
Myers v. Smoky Mountain Country Club Prop. Owners Ass'n, Inc. (23-854 - Unpublished)   Author: Judge Fred Gore
interlocutory appeal; motion for judicial recusal
Smoky Mountain Country Club Prop. Owners Ass'n, Inc. v. Dungan (24-548 - Unpublished)   Author: Judge John Arrowood
Legal Malpractice; Motion for Summary Judgment; Preservation of Issue on Appeal
State v. King (22-469-2 - Unpublished)   Author: Judge John Arrowood
driving while impaired conviction; aggravating factors not found by a jury; reckless driving conviction; reconvening order.
United Sewing Mach. Sales, LLC v. Digital Cutting Servs., Inc. (24-86 - Unpublished)   Author: Judge Tobias Hampson
Tortious interference with contract; covenants not to compete; directed verdict; hearsay evidence