Court of Appeals Opinions

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Filed: 7 September 2021
Mandate: 27 September 2021
Zip File of Published Opinions

Case Title / Description
Bradford v. Bradford  (20-358 - Published)   Author: Judge Donna Stroud
equitable distribution claim, motion in the cause, Rule 41
Bradford v. Bradford  (20-377 - Published)   Author: Judge Donna Stroud
equitable distribution claim, motion in the cause, Rule 41
Isom v. Duncan  (20-320 - Published)   Author: Judge Hunter Murphy
Custody order; parental visitation rights; best interests of the child.
Craig v. Neal  (20-261 - Published)   Author: Judge Chris Dillon
Dedication, appurtenant easement, private easement, right of way, public road, plat, Marketable Title Act, abandonment, adverse use, gravel road.
FMSH LLC v. NC Dep't of Health & Hum. Servs.  (20-102 - Published)   Author: Judge Jefferson Griffin
Certificates of Need, Legacy Medical Care Facility, statutory construction, operate, acquire, reopen
Cohen v. Cont'l Motors, Inc.  (20-418 - Published)   Author: Judge Tobias Hampson
Personal jurisdiction; Purposeful availment; Rule 12(b)(2)
In re: A.L.  (21-245 - Published)   Author: Judge Valerie Zachary
3.1 juvenile case; jurisdiction; N.C. Gen. Stat. 7B-1001(a)(5)(a); permanency planning order
Osborne v. Yadkin Valley Econ. Dev. Dist. Inc.  (20-485 - Published)   Author: Judge April Wood
Negligence; duty of care; sexual assault; Title IX; Section 1983; substantive due process; equal protection; independent contractor; tort law; failure to train and supervise; precedent; education; special-needs; exceptional children; summary judgment; and motion to dismiss
State of NC v. Cube Yadkin Generation LLC  (20-46 - Published)   Author: Judge Jefferson Griffin
Declaratory Judgment Act, actual and justiciable controversy, public utility regulation, landlord/tenant exemption to regulation
State v. Guerrero  (20-722 - Published)   Author: Judge Jefferson Griffin
Jury instructions, statutory mitigating factors, defendant's right to a jury trial
State v. Flanagan  (20-577 - Published)   Author: Judge April Wood
Revocation hearing; waiver of revocation hearing; jurisdiction; superior court; district court; N.C. Gen. Stat. Sec. 15A-1347; petition for writ of certiorari; N.C. R. App. P.4.
State v. Tarlton  (20-100 - Published)   Author: Judge Donna Stroud
Fatal variance, preservation, material element, surplusage
Unpublished Opinions
7 September 2021  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 27 September 2021 

Barrier v. City of Kannapolis (20-592 - Unpublished)   Author: Judge Jefferson Griffin
Workers' compensation; challenged findings of fact; N.C. Gen. Stat. § 97-2(6); compensable injury
EPES LOGISTICS SERVICES, INC. v. ANTHONY DE PIANTE. (20-338 - Unpublished)   Author: Judge Chris Dillon
motion to compel, arbitration, logistics, agreement, contract, solicitation, international, business, employee, signatory, nonsignatory, equitable estoppel, motion to dismiss
In re AP (21-36 - Unpublished)   Author: Judge John Arrowood
permanency planning order; Rule 17 Guardian ad litem
In re D.R. (21-148 - Unpublished)   Author: Judge Allegra Collins
trial court's findings of fact were supported by clear and convincing evidence; trial court's findings of fact supported adjudication of neglect; relevancy of evidence of prior abuse of another juvenile; no-merit brief pursuant to N.C. R. App. P. 3.1(e).
In re H.M., Z.M., S.M. (21-173 - Unpublished)   Author: Judge Tobias Hampson
Dependency; N.C. Gen. Stat. Section 7B-101(9)
In Re L.B. (21-124 - Unpublished)   Author: Judge Valerie Zachary
juvenile delinquency; sufficiency of verdict; possession of a firearm with an altered serial number; interdisciplinary evaluation
In re R.W., A.R. (21-107 - Unpublished)   Author: Judge Jefferson Griffin
Juvenile abuse and neglect; permanency planning; cessation of reunification efforts; guardianship award; visitation order
In re: J.A.H. (20-600 - Unpublished)   Author: Judge Fred Gore
delinquency; adjudication and disposition; limitation on cross-examination; in camera review; improper closing statement; cumulative error
Leslie Julia Zimmerman v. Norman Jude Zimmerman (20-785 - Unpublished)   Author: Judge Hunter Murphy
Equitable distribution; valuation of marital property; oral stipulations.
McCarter v. N.C. Bd. of Licensed Prof'l Couns. (20-584 - Unpublished)   Author: Judge Lucy Inman
Administrative Procedure Act; Petitions for Judicial Review; Contested Cases; Licensing Discipline
Robert McKoy (20-627 - Unpublished)   Author: Judge April Wood
Possession of a firearm by a felon; motion to dismiss; insufficient evidence; constructive possession; knowledge
Smith v. Novant Health, Inc. (19-859 - Unpublished)   Author: Judge Richard Dietz
Medical malpractice; administrative negligence claims; exclusion of expert testimony from hospital administrator under Rule 702; record insufficient for meaningful appellate review; exclusion of evidence under Rule 403
State of N. Carolina v. Tammy Jo Hernandez (20-583 - Unpublished)   Author: Judge Darren Jackson
failure to instruct on lesser-included offense of possession of methamphetamine to charge of trafficking in methamphetamine by possession did not constitute plain error; remand for correction of clerical error in judgment was required where judgment listed incorrect offense
State v. Allen (20-468 - Unpublished)   Author: Judge Chris Dillon
Opportunity to be heard, attorney?s fees, civil judgments
State v. Christopher Chamberlin (20-651 - Unpublished)   Author: Judge Valerie Zachary
relevancy; voluntary statements; N.C.R. Evid. 404(b); domestic violence; N.C. Gen. Stat. 14-32(b)
State v. Davis (20-445 - Unpublished)   Author: Judge Jefferson Griffin
Improper remarks, ex mero motu, prosecutorial misconduct
State v. Derek Sidney Schmidt (20-661 - Unpublished)   Author: Judge Lucy Inman
Defendant convicted of assault on a child under 12 years old and felonious child abuse; fatal defect in arrest warrant; no subject matter jurisdiction; vacate in part; admissibility of portions of jail phone recordings; North Carolina Rule of Evidence 403; hearsay; flight risk; bad character; implied admission; no error in part
State v. Douglas Dontay Peterson (20-571 - Unpublished)   Author: Judge Chris Dillon
first-degree murder, threat, perfect self-defense, imperfect self-defense, defense of others, jury instructions, victim, force, involuntary manslaughter, second-degree murder, aggressor
State v. Essam Allamadani (20-752 - Unpublished)   Author: Judge Richard Dietz
Appeal from civil judgment for court-appointed attorneys' fees; requirement of notice and opportunity to be heard; conflicting order for waiver of fees; unable to determine whether trial court made clerical error
State v. Gary Shuford, Sr. (20-744 - Unpublished)   Author: Judge Valerie Zachary
speeding to elude arrest; sufficiency of the evidence; trial court's failure to recognize and exercise its discretion at sentencing; concurrent v. consecutive sentences
State v. Herr (20-723 - Unpublished)   Author: Judge Tobias Hampson
Motion for Appropriate Relief; Ineffective Assistance of Counsel; N.C. Gen. Stat. Section 15A-1420
State v. Joyner (20-156 - Unpublished)   Author: Judge Lucy Inman
Impartial Tribunal; Appellate Rule 2; N.C. Gen. Stat. s. 15A-1222; Chain of Custody
State v. Larry Moore (20-416 - Unpublished)   Author: Judge Donna Stroud
probation, trial court's exercise of discretion
STATE v. STEPHANIE LYN BECKWITH (20-437 - Unpublished)   Author: Judge April Wood
Duress; sex offense; indecent liberties; imminent harm; ineffective assistance of counsel; plain error; jury instructions
State v. Steven Lamont Nivens (20-344 - Unpublished)   Author: Judge April Wood
Possession of a firearm by a felon; possession of a stolen firearm; guilty knowledge; dishonest purpose; real evidence; and chain of custody
State v. Tyrone Dillard (20-602 - Unpublished)   Author: Judge John Arrowood
court erred by denying motion to dismiss or committed plain error by giving an alleged incomplete jury instruction on felony hit and run, or both
Weller v. Jackson (21-80 - Unpublished)   Author: Judge John Arrowood
civil no-contact order; N.C.G.S. § 50C-1; First Amendment
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 52 PETITIONS AND 169 MOTIONS.


Filed: 17 August 2021
Mandate: 6 September 2021
Zip File of Published Opinions

Case Title / Description
85' & Sunny, LLC v. Currituck Cty.  (20-648 - Published)   Author: Judge Allegra Collins
County zoning board decision was supported by substantial, competent evidence in view of the entire record; trial court's review of county zoning board in nature of certiorari; interpretation of county unified development ordinance.
Gribble v. Bostian  (20-412 - Published)   Author: Judge Chris Dillon
easement, appurtenant, not located, acquiesced, competent evidence, practical location, reasonable way, Dead Man's Statute, Hearsay
State v. McLymore  (20-555 - Published)   Author: Judge Allegra Collins
robbery with a firearm; jury instructions; trial court did not err when it did not designate the victims named in the indictment as the alleged victims of the armed robbery
State v. McDougald  (20-514 - Published)   Author: Judge Jeff Carpenter
motion for a mistrial; Sixth Amendment right to effective assistance of counsel; Eyewitness Identification Reform Act (?EIRA?)
State v. Newborn  (20-411 - Published)   Author: Judge Hunter Murphy
Possession of firearm by felon separate indictment requirement; findings of fact regarding material evidentiary conflict; readily accessible firearm; objective probable cause.
State v. Staton  (20-676 - Published)   Author: Judge Jefferson Griffin
Firearm, motion to dismiss, N.C. Gen. Stat. § 14-34.1, occupied, vehicle
Walter v. Walter  (20-590 - Published)   Author: Judge Donna Stroud
child custody, contempt order, contempt
Waly v. Alkamary  (19-1054 - Published)   Author: Judge Donna Stroud
UCCJEA, motion to stay, domestic violence protective order, full faith and credit
Unpublished Opinions
17 August 2021  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 6 September 2021 

Angela Wilson Freeman v. Tommie L. Glenn (20-478 - Unpublished)   Author: Judge Richard Dietz
Motor vehicle accident; contributory negligence; peremptory instruction on negligence; evidence of seat belt misuse; duplicative evidence; harmless error; motion for judgment notwithstanding verdict
Cassandra Michele Starnes vs. Carrie Elizabeth Starnes (21-26 - Unpublished)   Author: Judge Darren Jackson
child custody; trial court did not err in refusing to admit evidence of infidelity of one spouse; trial court's challenged findings of fact were supported by competent evidence or were recitations of testimony not necessary to support court's ultimate findings of fact and conclusions of law; expert did not engage in improper vouching; court's findings on the ultimate facts resolved all the material issues in controversy
Contaminant Control, Inc. v. Allison Holdings, LLC (20-531 - Unpublished)   Author: Judge Tobias Hampson
Directed Verdict; Fraud; Breach of Contract; Relevant Evidence; Motion to Amend
Erickson v. NC Dep't of Pub. Safety (20-704 - Unpublished)   Author: Judge Jeff Carpenter
Administrative Law Judge; hearsay evidence; dismissal for just cause; career State employee; grossly inefficient job performance; unacceptable personal conduct;
In re: S.R.J.T. (20-29-2 - Unpublished)   Author: Judge Donna Stroud
neglect, dependency, finding of fact, alternative child care arrangement
James Lomick v. N. Carolina Dept. of Pub. Safety (20-587 - Unpublished)   Author: Judge Jefferson Griffin
Order of Industrial Commission; interlocutory appeal; appellate jurisdiction.
Jayson Jackson v. Duke Univ. Health Sys., Inc. (20-670 - Unpublished)   Author: Judge Richard Dietz
Medical malpractice claim; sufficiency of Rule 9(j) certification; dismissal; denial of motion to amend Rule 9(j) certification; futility of amendment
Lowery v. Choice Hotels Int'l, Inc. (20-662 - Unpublished)   Author: Judge Lucy Inman
Proper Venue; Notice and Hearing; Waiver
Lowrey v. Choice Hotels Int'l, Inc. (20-649 - Unpublished)   Author: Judge Lucy Inman
Proper Venue; Notice and Hearing; Waiver
Lowrey v. Choice Hotels Int'l, Inc. (20-782) - [Withdrawn by order of the Court]
Ross v. SBI (20-599 - Unpublished)   Author: Judge Richard Dietz
Industrial Commission; State Tort Claims Act; Rule 60 motion for relief from judgment; Rule 60(b)(3); untimely motion; Rule 60(b)(6); abuse of discretion standard
State v. Forte (19-1157 - Unpublished)   Author: Judge Richard Dietz
N.C. Gen. Stat. 15A-1354(a); discretion to impose consecutive or concurrent sentences; notice and opportunity to be heard before imposition of civil judgment for attorneys' fees; duplicative court costs; fee not supported by evidence
State v. Gavin (20-172 - Unpublished)   Author: Judge Richard Dietz
First degree kidnapping; motion to dismiss; sufficiency of the evidence; intent to terrorize victim
State v. Kisha Joann Welch (20-642 - Unpublished)   Author: Judge Jefferson Griffin
Felony child abuse; motion to dismiss; reliability of expert testimony; motion to continue; sufficient notice of expert testimony; relevant evidence; character evidence; closing arguments.
State v. Lent (20-565 - Unpublished)   Author: Judge Darren Jackson
child sexual abuse; trial court did not err in allowing witness testimony about what victim disclosed; no error or abuse of discretion in admission of evidence of the defendant's masturbation; fact of the defendant's probation was admitted as evidence of flight; defendant did not receive ineffective assistance of counsel
State v. Lindsey (20-609 - Unpublished)   Author: Judge Richard Dietz
Drug offenses; appeal from guilty plea; appellate jurisdiction; petition for writ of certiorari; sufficiency of factual basis; defendant's right to be heard before imposition of court-appointed attorneys' fees
State v. Othello York (20-601 - Unpublished)   Author: Judge Richard Dietz
Drug offenses; challenges to admission of testimony; ineffective assistance of counsel claim; plain error
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 52 PETITIONS AND 169 MOTIONS.


Filed: 3 August 2021
Mandate: 23 August 2021
Zip File of Published Opinions

Case Title / Description
In re: E.A.C., P.A.C., J.M.C., J.C-B.  (20-835 - Published)   Author: Judge John Arrowood
permanency planning; N.C.G.S. § 7B-906.2; reunification efforts; misapprehension of law
In re: A.D. & A.D.  (21-6 - Published)   Author: Judge April Wood
Services needed; substantiated; neglected juveniles; clear and convincing evidence; conclusion of law; and finding of fact.
Putnam v. Putnam  (20-594 - Published)   Author: Judge Hunter Murphy
Equitable distribution; parties? standard of living during the marriage; alimony.
Munoz v. Munoz  (20-193 - Published)   Author: Judge Valerie Zachary
child custody; relocation; potential military deployment; N.C. Gen. Stat. 50-13.2(f); statutory construction
Nielson v. Schmoke  (20-701 - Published)   Author: Judge Tobias Hampson
Enforcement of foreign judgments; UEFJA
Sprinkle v. Johnson  (20-32 - Published)   Author: Judge Fred Gore
alienation of affection and criminal conversation; no notice of trial; due process rights; Rule 2
State v. Abbitt  (20-309 - Published)   Author: Judge John Tyson
First-degree murder; felony murder; assault with a deadly weapon; attempted robbery with a deadly weapon; eyewitness identification, NCGS 15A-284.52(d)(3); implicating third parties; suggestive photo lineup; errors in closing arguments; hearsay and relevant evidence; sufficiency of the indictment; non-capital murder.
State v. Surratt  (20-455 - Published)   Author: Judge Hunter Murphy
Presumed prejudice; ineffective assistance of counsel; motion to continue; incomplete record on appeal.
State v. Dover  (20-362 - Published)   Author: Judge Hunter Murphy
Motion to dismiss; insufficiency of the evidence; speculation; conjecture.
State v. Burns  (20-491 - Published)   Author: Judge April Wood
Statutory sex offense; element of penetration; labia; victim testimony; insufficient evidence; and motion to dismiss.
State v. Swindell  (20-263 - Published)   Author: Judge April Wood
Justification, affirmative defense, jury instruction, possession of a firearm by a felon, and second-degree murder.
State v. Malone-Bullock  (20-334 - Published)   Author: Judge Valerie Zachary
lay-witness opinions; Fifth Amendment right to silence; plain-error review
State v. Teesateskie  (20-190 - Published)   Author: Judge Hunter Murphy
Motion to dismiss; impairment; conflicting evidence; opinion of a law enforcement officer; conduct indicating impairment; Rule 702; prejudice.
Angarita v. Edwards  (20-846 - Published)   Author: Judge Darren Jackson
trial court did not err by paraphrasing witness testimony in factual finding; record did not support allegation that trial judge showed hostility to party; correction of order by trial court amounted to a merely clerical correction because it added no new substantive requirements to order; ordering a mental health evaluation of a party was within the court's discretion as other relief in an action for a no-contact order; trial court did not err in failing to rule on motion to dismiss that was not served on all parties and movant did not raise at the appropriate time
Williams v. Marchelle Isyk Allen, P.A.  (20-724 - Published)   Author: Judge John Tyson
Medical malpractice; Medical Review Committee Privilege; NCGS 90-21.22A; motion to compel; motion to enforce
Unpublished Opinions
3 August 2021  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 23 August 2021 

Goforth v. LR Dev.-Charlotte, LLC (20-558 - Unpublished)   Author: Judge Lucy Inman
real estate financing transactions; North Carolina General Statute Chapter 45, Article 7; future advances; validity v. priority; deed of trust secured by real property; maturity date; record notice; summary judgment; affirmed and modified in part; reversed and remanded in part
In re N.T., K.M., and A.C. (20-891 - Unpublished)   Author: Judge Richard Dietz
Juvenile abuse and neglect; permanency planning; guardianship; trial court's duties under Indian Child Welfare Act
State of N. Carolina v. D'Monte Lamont O'Kelly (20-693 - Unpublished)   Author: Judge Allegra Collins
lifetime satellite-based monitoring an unreasonable warrantless search
State v. Adam Wayne Eller (20-342 - Unpublished)   Author: Judge Lucy Inman
felony larceny of a motor vehicle; insufficient evidence of value of vehicle; vacate in part and remand for resentencing; enter judgment on lesser-included misdemeanor larceny; breaking and entering with intent to commit a felony therein; evidence of intent to commit larceny of car keys at time of entrance into home; no error; remand to correct clerical errors in felony breaking and entering status and class in judgment
State v. Alex Antonio Green (20-456 - Unpublished)   Author: Judge Chris Dillon
Anders, Kinch, own review, sentence imposed, not authorized, prior record level
State v. Brandon Dion Greene (20-598 - Unpublished)   Author: Judge Richard Dietz
Possession with intent to sell or deliver within 1000 feet of a school; motion to dismiss; sufficiency of evidence; constructive possession; intent to sell or deliver; statutory interpretation of within 1000 feet of a school
State v. Brisbon (20-408 - Unpublished)   Author: Judge April Wood
Possession of a firearm by a felon; ineffective assistance of counsel; motion to dismiss; constructive possession; prior convictions
State v. Christopher Gene Crawford (20-502 - Unpublished)   Author: Judge April Wood
Willful failure to appear; motion to dismiss; sufficient evidence; inference; willfulness; habitual felon status
State v. Jayleen Boston (20-674 - Unpublished)   Author: Judge April Wood
Civil judgment; criminal judgment; attorney fees; standby counsel
State v. Martin (20-738 - Unpublished)   Author: Judge Allegra Collins
expert testimony; insufficient foundation; error but no plain error; insufficient evidence of habitual felon status
State v. Pryor (20-363 - Unpublished)   Author: Judge Jeff Carpenter
video authentication; motion to dismiss; plain error; jury instruction; social media account authentication
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 52 PETITIONS AND 169 MOTIONS.


Filed: 20 July 2021
Mandate: 9 August 2021
Zip File of Published Opinions

Case Title / Description
Brown v. Patel  (19-973 - Published)   Author: Judge Donna Stroud
res judicata, small claims action, final judgment
In re: B.R.W. & B.G.W.  (20-675 - Published)   Author: Judge Donna Stroud
Preservation, Acting in a manner inconsistent with constitutionally protected status, best interest of the child standard
In re: C.D.G.  (20-520 - Published)   Author: Judge Tobias Hampson
Involuntary Commitment; Certiorari; Due Process; Findings of Fact
In re: N.Z.B.  (21-4 - Published)   Author: Judge April Wood
Dependency; permanency planning; constitutionally protected status; parental status; clear and convincing evidence; subject matter jurisdiction
In re: Q.J., Jr.  (20-551 - Published)   Author: Judge Tobias Hampson
Involuntary Commitment; Certiorari; Due Process; Findings of Fact
Powell v. Cartret  (20-406 - Published)   Author: Judge Allegra Collins
Error to subject records under N.C. Gen. Stat. 58-10-430 to subpoena; no error to subject records under N.C. Gen. Stat. 58-30-62 to subpoena.
State v. Oglesby  (20-336 - Published)   Author: Judge Darren Jackson
scope of resentencing on remand after sentence of mandatory life without parole (LWOP) for a juvenile is vacated in light of Miller v. Alabama; trial court did not err in failing to disturb unrelated consecutive sentences for armed robbery on remand from vacated LWOP sentence for felony murder; argument regarding propriety of consecutive sentences for unrelated convictions aggregated with vacated LWOP sentence for felony murder was waived where counsel conceded unrelated convictions were not before the court at resentencing; ineffective assistance of counsel claim regarding consecutive sentences for felony murder and kidnapping failed because the defendant could not demonstrate make required showing of prejudice; court declined to address and dismissed without prejudice ineffective assistance of counsel claim regarding Miller's prohibition against disproportionate punishment for juvenile offenders under the Eighth Amendment by imposing LWOP because of conflicting opinions regarding the constitutionality of de facto LWOP sentences for juveniles and pendency of appeal before North Carolina Supreme Court that will resolve this issue
State v. Chambers  (20-238 - Published)   Author: Judge Tobias Hampson
Sufficiency of the Evidence; First-Degree Murder in the Perpetration of a Felony; Felony Child Abuse
State v. Chavis  (20-139 - Published)   Author: Judge Donna Stroud
robbery with a dangerous weapon, dangerous weapon, and contempt
State v. Elder  (20-215 - Published)   Author: Judge Valerie Zachary
motion to dismiss; elements of first-degree rape, first-degree kidnapping, and common-law robbery; expert witness qualifications; admissibility of medical records; admission of medical records; admission of hearsay statements; sentencing for first-degree rape and first-degree kidnapping; attorney's fees - notice and opportunity to be heard
State v. Hemingway  (20-24 - Published)   Author: Judge Hunter Murphy
Probation revocation hearing; confrontation; Justice Reinvestment Act; good cause.
State v. Huckabee  (20-581 - Published)   Author: Judge Jefferson Griffin
Jury instructions; lesser-included offenses; assault with a deadly weapon; serious injury; attorney's fees.
State v. Scott  (20-688 - Published)   Author: Judge Darren Jackson
amendment of indictment was permissible because indictment was facially valid and amendment did not add any previously omitted essential element of the offense charged, resulting in a substantial alteration; proof of sexual activity by a substitute parent or custodian does not require that person who assumed position of a parent reside in the home with the minor victim; consistent distinction between predicate acts for two counts of sexual activity by a substitute parent in jury instructions and verdict sheets demonstrated that jury verdicts were unanimous, though distinguishing between the predicate acts in the verdict sheets was not required; indictment charging multiple counts of a single crime based on distinct predicate acts was not multiplicious; distinct sexual acts occurring during the same sexual encounter can provide the basis for multiple charges of sexual activity by a substitute parent or custodian; trial court did not abuse its discretion by imposing consecutive rather than concurrent sentences
State v. Gaddis  (20-396 - Published)   Author: Judge John Tyson
DWI/DWLR, mistrial, request for transcript, motion for continuance, delay in request, prejudice, prior counsel's testimony.
Wynn v. Frederick  (20-472 - Published)   Author: Judge Fred Gore
Sovereign immunity, judicial immunity, and interlocutory appeal
Unpublished Opinions
20 July 2021  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 9 August 2021 

Arie J. Bird v. EBCI TABCC and NCDOC, DES (20-612 - Unpublished)   Author: Judge Fred Gore
misconduct connected with the work; employment benefits; challenged findings of fact; petition for judicial review; motion to dismiss; COVID-19
Batts v. Ideal Image (20-480 - Unpublished)   Author: Judge Chris Dillon
medical malpractice, ordinary negligence, res ipsa loquitur, clinical judgment, 9(j) Certification, laser hair removal
Desai v. Desai (20-435 - Unpublished)   Author: Judge Jeff Carpenter
Equitable distribution; N.C. Gen. Stat. § 50-20; classification and valuation of property; marital property; separate property; sufficiency of findings of fact and conclusions of law; interim distribution; distributive award.
DLL Fin. LLC v. Warner (20-624 - Unpublished)   Author: Judge Jefferson Griffin
Foreign judgment, forum selection clause, motion to dismiss, N.C. Gen. Stat. § 1-339.71, personal jurisdiction, Rule 6(d), Rule 12(b)(6), Rule 60(b), surprise affidavit, unclean hands
Hedgepeth v. SMCC Clubhouse, LLC and Conley Creek Ltd. P'ship (20-743 - Unpublished)   Author: Judge Chris Dillon
bankruptcy, automatic stay, declaratory judgment, standing, Rule (12)(b)(1), finding of fact, future litigation
In Re E.D.Y. (20-685 - Unpublished)   Author: Judge Chris Dillon
Involuntary commitment, hearing, witness, due process, bipolar disorder, psychiatrist, respondent, medical report, doctor
In re M.F. (20-736 - Unpublished)   Author: Judge Fred Gore
Abuse, neglect, and dependency; permanency planning order; findings of fact; award of guardianship; and statutory findings
In Re R.S. (20-777 - Unpublished)   Author: Judge Chris Dillon
Involuntary commitment, hearing, due process, witness, respondent, doctor, impartial tribunal, psychiatrist, psychosis, hearsay
In re: Harper v. Harper (20-746 - Unpublished)   Author: Judge Valerie Zachary
administration of estate; petition for sale to make assets and pay debts; de novo hearing in superior court; motion to continue; gatekeeper order
In re: C.F. (20-574 - Unpublished)   Author: Judge Chris Dillon
Involuntary commitment, hearing, due process, witness, respondent, doctor, impartial tribunal
In re: L.R.M. (20-913 - Unpublished)   Author: Judge Fred Gore
adjudication and disposition; stipulated facts; N.C. Gen. Stat. § 7B-101(15)?
In re: The Estate of Johnnie E. Harper (20-730 - Unpublished)   Author: Judge Valerie Zachary
administration of estate; petition for sale to make assets and pay debts; de novo hearing in superior court; motion to continue; gatekeeper order
In the Matter of J.R. (20-457 - Unpublished)   Author: Judge Chris Dillon
In re J.R. Involuntary commitment, hearing, witness, due process, inpatient treatment, doctor, impartial tribunal, judge, respondent
Jacobs v. Mann (20-378 - Unpublished)   Author: Judge Tobias Hampson
Expert witnesses; Rule of Evidence 702; N.C. Gen. Stat. Section 90-21.12;
Peay v. S&D Coffee (20-717 - Unpublished)   Author: Judge Chris Dillon
Jury instruction, bifurcate, accident, crash, syncope, damages, ex mero motu, closing argument, bamboozle, fool, workers compensation, sudden incapacitation, motor vehicle
Powell v. Cartret (20-638 - Unpublished)   Author: Judge Allegra Collins
No error ordering the release of medical records.
Rissmann v. Rissmann (20-503 - Unpublished)   Author: Judge Chris Dillon
Marriage, separation, child support, alimony, equitable distribution, attorneys fees, dependent spouse, supporting spouse, standard of living, unreasonable expenses, reasonable expenses
Rodgers v. Law Office of Kenneth T. Davies, P.C. (20-465 - Unpublished)   Author: Judge April Wood
Findings of fact; unclean hands, breach of contract; unauthorized practice of law; conclusions of law; competent evidence
State of N. Carolina v. Brandon Helms (20-553 - Unpublished)   Author: Judge Fred Gore
Petition for writ of certiorari, guilty plea, motion to suppress, sentencing, satellite-based monitoring
State of N. Carolina v. Darren Lynn Johnson (20-732 - Unpublished)   Author: Judge Donna Stroud
Anders brief
State of N. Carolina v. Joe Wesley Carter (20-755 - Unpublished)   Author: Judge Lucy Inman
grant State's motion to dismiss; issue Defendant's writ of certiorari; motion for post-conviction DNA testing; North Carolina General Statute Section 15A-269(a); vacate portion of trial court's order barring similar future motions
State of N. Carolina v. Michael Boone (20-310 - Unpublished)   Author: Judge Hunter Murphy
Rule 404(b), prejudice, motion to dismiss, felony murder, attempted rape, overt act.
State of N. Carolina v. William Matthew Fortney (20-524 - Unpublished)   Author: Judge Chris Dillon
First-degree murder, robbery with dangerous weapon, second-degree murder, jury instruction, acting in concert, common plan, premeditation, deliberation, motion to dismiss, continuous chain of events, predicate felony
State v. Alvin Nathaneal Smith (20-626 - Unpublished)   Author: Judge Valerie Zachary
Batson challenge; facially neutral explanations for juror strikes; proof of purposeful discrimination
State v. Antwan Bernard Parker (20-498 - Unpublished)   Author: Judge Chris Dillon
Fleeing to elude arrest, resisting public officer, possession of marijuana, child abuse, drug dealer, illegal drugs, testimony, character evidence, reasonable suspicion, reputation, motion to dismiss, substantial evidence, substantial risk of injury, reckless driving, close question
State v. Beard (20-773 - Unpublished)   Author: Judge Jeff Carpenter
Admissibility; relevancy; Rule 403; Rule 608(b); witness' specific instances of conduct; impeachment
State v. Blakley (20-239 - Unpublished)   Author: Judge Richard Dietz
Sex offender registration; willful failure to notify of change of address; jury instructions on willfulness element; ex post facto challenge to changes in sex offender registration statutes
State v. Blueford (20-388 - Unpublished)   Author: Judge Donna Stroud
jury instructions
State v. Christman (20-316 - Unpublished)   Author: Judge Chris Dillon
Indecent liberties, statutory sexual offense, statutory sexual offense with a child by an adult, expert witness, disclose, disclosure, vouch, truthfulness, plain error, child sexual abuse, child victim, credibility, penetration, sexual act, labia
State v. Fernando Alvarez (20-611 - Unpublished)   Author: Judge Fred Gore
motion to suppress; constitutionality of checkpoint; primary programmatic purpose; independent reasonable suspicion
State v. Johnson (20-410 - Unpublished)   Author: Judge Lucy Inman
Defendant convicted of possession of a firearm by a felon, possession of a stolen firearm, possession of cocaine, and knowingly maintaining a dwelling to keep a controlled substance; issue writ of certiorari; motions to dismiss for insufficiency of evidence; no substantial evidence that Defendant allowed others to resort to his dwelling to use controlled substances; North Carolina General Statutes Section 90-108(a)(7); reversed and remanded in part; North Carolina Rule of Evidence 702; reliability of expert testimony; no plain error
State v. Ledbetter (19-1155 - Unpublished)   Author: Judge Donna Stroud
termination of sex offender registration
State v. Morrow (20-401 - Unpublished)   Author: Judge Chris Dillon
probable cause, DWI, impaired, HGN Test, breath test, motion to suppress, totality of the circumstances
State v. Powell (20-135 - Unpublished)   Author: Judge Chris Dillon
certiorari, attorney?s fees, restitution order, opportunity to be heard
State v. Takiea Nicole Tull (20-787 - Unpublished)   Author: Judge Darren Jackson
no violation of the right to confrontation occurred during probation violation proceeding; ineffective assistance of counsel claim failed where there was no showing that counsel's performance was deficient; trial court did not abuse its discretion in finding that the defendant willfully failed to pay monies owed as a condition of probation
State v. Torrey Jermaine Grady (20-355 - Unpublished)   Author: Judge Jefferson Griffin
Relevance, undue prejudice, substantially outweighed, improper closing statement, caretaker abuse, manipulation by defendant
State v. Vann (20-182 - Unpublished)   Author: Judge Chris Dillon
first-degree murder, gun, self-defense, defense of another, verbal threats, character evidence, excluded evidence
State v. Williams (20-713 - Unpublished)   Author: Judge Fred Gore
Waiver of right to assistance counsel; N.C. Gen. Stat. ?? 15A-942, 15A-1242; and new trial
Warner v. Sullivan (20-625 - Unpublished)   Author: Judge Jefferson Griffin
Attorney?s fees, attorney charging lien, contingent fee agreement, contingency, levy, liens, personal property, priority
William Matthew Wilson v. Queen City Jump, LLC. (20-479 - Unpublished)   Author: Judge Jefferson Griffin
Interlocutory appeal; substantial right; immunity from suit; release from liability, risk of inconsistent verdicts
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 52 PETITIONS AND 169 MOTIONS.


Filed: 6 July 2021
Mandate: 26 July 2021
Zip File of Published Opinions

Case Title / Description
Anton v. Anton  (20-655 - Published)   Author: Judge Allegra Collins
summary judgment, claim of undue influence over settlor of trust, abandonment of issues on appeal
Barrow v. Sargent  (20-497 - Published)   Author: Judge Allegra Collins
denial of request for special jury instruction proper; jury instructions concerning motor vehicle negligence; no abuse of discretion where trial court required admission of additional deposition excerpts pursuant to N.C. Gen. Stat. § 1A-1, Rule 32(a)(5).
Henderson v. Wittig  (20-924 - Published)   Author: Judge Fred Gore
Modification of child custody, circumstances existing at the time of initial custody order, substantial change of circumstances, effect on the minor child, and findings of fact.
In re: B.H.  (21-27 - Published)   Author: Judge Jeff Carpenter
Permanency planning order; appointment as guardians; N.C. Gen. Stat. § 7B-600(c) (2019); N.C. Gen. Stat. § 7B-906.1(j) (2019); understanding of legal significance; collective understanding; sufficiency of findings
In re: J.D.F. (20-371) - [Withdrawn by order of the Court]
Juvenile interrogation, custodial interrogation, suppression hearing, and findings of fact
In re: H.P., I.S., J.S.  (20-876 - Published)   Author: Judge April Wood
competent evidence; neglect; dependency; adjudication; findings of fact
McElhaney v. Orsbon & Fenninger, LLP  (20-561 - Published)   Author: Judge Allegra Collins
appeal of order denying summary judgment on election of remedies defense dismissed as interlocutory; interlocutory order denying summary judgment on collateral estoppel defense affected a substantial right and was immediately appealable; collateral estoppel did not bar plaintiffs? claims where defendants failed to show that the issue was actually and necessarily decided in the preceding action.
Mobile Imaging Partners of N.C., LLC v. N.C. Dep't of Health & Hum. Servs.  (20-605 - Published)   Author: Judge John Tyson
State Medical Facilities Plan; Certificate of Need Act; Administrative Law Judge; whole record test; agency deference; NCGS sections 131E-175, -176(16)(f1)(8), - 177(4); -183(a)(1), & -188(b); NCGS sections 150B-2(8a)(k), -51.
Pedlow v. Kornegay  (20-747 - Published)   Author: Judge Fred Gore
Promissory note and statute of limitations accrual
State v. Lowery  (20-528 - Published)   Author: Judge Tobias Hampson
Excited Utterance; Lay Opinion
State v. Barnes  (20-597 - Published)   Author: Judge John Arrowood
lifetime satellite-based monitoring; petition for writ of certiorari; Rule 2
State v. Hills  (20-9 - Published)   Author: Judge Donna Stroud
Impermissible opinion, Facial validity of indictment, Essential elements of crime charged
State v. Beck  (20-499 - Published)   Author: Judge John Arrowood
issues are whether trial court erred by failing to dismiss one of two conspiracy charges involving the same criminal plot and whether the court abused its discretion by failing to provide the jury with a copy of the transcript of a trial witness
State v. Gibson  (20-644 - Published)   Author: Judge Darren Jackson
trial court did not err in denying motion to dismiss where driver's license and social security card were competent evidence of defendant's identity; no notice an opportunity to be heard on the issue of attorney's fees is required when payment is required as a condition of probation under State v. Friend
State v. Brantley-Phillips  (20-608 - Published)   Author: Judge Tobias Hampson
Obtaining Property by False Pretense; Sufficiency of Evidence; Fatal Variance of Jury Instructions
State v. Gonzalez  (20-390 - Published)   Author: Judge Fred Gore
Subpoena, telephone service, failure to appear, show cause hearing, and criminal contempt
State v. Medlin  (20-563 - Published)   Author: Judge John Tyson
Felony obtaining property by false pretenses; special conditions of probation, NCGS 15A-1343(b1); conditions related to offense; child visitation; abuse of discretion.
State v. Billings  (20-550 - Published)   Author: Judge Valerie Zachary
satellite-based monitoring; relief under Grady III; subject-matter jurisdiction
State v. Scott  (19-250-2 - Published)   Author: Judge John Tyson (View Supreme Court Opinion)
Second-degree murder; blood evidence of BAC; remand; Fourth Amendment search and seizure; harmless beyond a reasonable doubt.
State v. Logan  (20-650 - Published)   Author: Judge Jeff Carpenter
Motion to suppress; unreasonable search and seizure; probable cause; four corners of search warrant affidavit; nexus between location and illegal activity at the time warrant was executed
Wells Fargo Bank, N.A. v. Orsbon & Fenninger, LLP  (20-560 - Published)   Author: Judge Allegra Collins
appeal of order denying summary judgment on election of remedies defense dismissed as interlocutory; interlocutory order denying summary judgment on collateral estoppel defense affected a substantial right and was immediately appealable; collateral estoppel did not bar plaintiffs? claims where defendants failed to show that the issue was actually and necessarily decided in the preceding action.
Unpublished Opinions
6 July 2021  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 26 July 2021 

Cincinnati Ins. Co., As Subrogee of Van S. reed, Jr. and Susan Reed v. Morgan Bridges Car (20-537 - Unpublished)   Author: Judge Allegra Collins
defendant's actions were not a proximate cause of injuries; no error in granting summary judgment when there was no material issue of fact as to proximate cause
Clemons v. Clemons (20-762 - Unpublished)   Author: Judge Richard Dietz
Equitable distribution; insufficient findings of fact to support unequal distribution; trial court must find that equal distribution is not equitable before ordering unequal distribution
Cristian Ferrera v. Brian V. Robbins, M.D. (20-339 - Unpublished)   Author: Judge Chris Dillon
Rule 12(b)(6), motion to dismiss, mental disorder, involuntary commitment, ordinary negligence, gross negligence, qualified immunity, professional judgment, release, kill
In Re B.A.M.A. (21-176 - Unpublished)   Author: Judge Tobias Hampson
NCGS 7B-911; Subject-matter jurisdiction
In Re D.K. (20-270 - Unpublished)   Author: Judge Chris Dillon
DSS, department of social services, juvenile, delinquent, adjudication, disposition, risk assessment, mental health, needs assessment, mental health services director, developmental disability, referral, PTSD, statutory mandate
In re ER, LR (21-1 - Unpublished)   Author: Judge Darren Jackson
appeal of unamended permanency planning order was properly before the Court despite the trial court's entry of an amended order on the same day appeal was noticed from unamended order; trial court order ceasing reunification efforts contained sufficient findings; denying visitation to respondent-mother did not constitute an abused of discretion
In Re J.U. (20-812 - Unpublished)   Author: Judge Lucy Inman
Juvenile Delinquency; Fatal Defect; Ineffective Assistance of Counsel; Concession of Guilt
In re V.A.M., Jr. (20-826 - Unpublished)   Author: Judge Allegra Collins
constitutional procedural due process argument dismissed for failure to preserve, N.C. R. App. P. 10(a); challenges to permanency planning order dismissed as moot.
In Re: D.A., C.N.A., & T.A. (20-878 - Unpublished)   Author: Judge Lucy Inman
adjudication of neglect; North Carolina General Statutes Section 7B-101(15); children placed in WCHS custody; impairment or substantial risk of impairment at the time of adjudication; voluntary safety plan; clear, cogent, and convincing evidence; trial court's findings of fact support its conclusion of law
JMS Roofing & Sheet Metal, Inc. v. Sullivan Square, Inc. (20-374 - Unpublished)   Author: Judge Richard Dietz
Denial of motion to set aside entry of default; abuse of discretion standard; findings of fact required for award of attorneys' fees under Section 44A-35
State of N. Carolina v. Claude Mordecia Stevens (20-421 - Unpublished)   Author: Judge Lucy Inman
Motion to Dismiss; Sufficiency of the Evidence; Rule 404(b); Rule 403
State of N. Carolina v. Kendrick Allen Brown (20-501 - Unpublished)   Author: Judge Richard Dietz
Challenge to denials of motions to suppress; petition for a writ of certiorari; argument raised on appeal different from basis for motions in trial court; appellate argument not preserved
State v. Allen (18-1150-2 - Unpublished)   Author: Judge Valerie Zachary
motion to dismiss for insufficient evidence of defendant as perpetrator; viewing evidence in the light most favorable to the State; testimony of identity
State v. Bailey (20-658 - Unpublished)   Author: Judge John Tyson
Misdemeanor assault; unlawful seizure without a warrant; motion to dismiss for insufficient evidence-probable cause; misdemeanor committed outside the presence of an officer.
State v. David Anthony Harris (20-735 - Unpublished)   Author: Judge John Tyson
Drug trafficking, ineffective assistance of counsel, Franks v. Delaware hearing, right to speedy appeal, prejudice, concurrent sentences.
State v. Donald Lee Frye (20-705 - Unpublished)   Author: Judge John Arrowood
issues are whether court committed plain error by failing to inform jury of its decision to sustain objection and whether court abused its discretion by admitting alleged inflammatory evidence
STATE v. GEORGE FREEMAN (20-530 - Unpublished)   Author: Judge Fred Gore
kidnapping; restraint for the purpose of inflicting serious bodily harm; sufficiency of the evidence.
State v. Ivan Salazar (20-593 - Unpublished)   Author: Judge Tobias Hampson
Motion to Continue; Forensic Reports; Confrontation Clause
State v. Kearney (20-486 - Unpublished)   Author: Judge Fred Gore
Preservation, jury instructions, and self-defense
State v. Kenneth Laurell Barr (20-754 - Unpublished)   Author: Judge Valerie Zachary
Anders review; guilty plea
State v. Miles (20-118 - Unpublished)   Author: Judge Jeff Carpenter
malicious conduct by prisoner; ineffective assistance of counsel; plain error; lay-opinion testimony; motion to sequester witnesses; calculation of prior record level
State v. Moore (20-53 - Unpublished)   Author: Judge John Tyson
First-degree murder; Evidence Rule 702; fingerprint testimony; right to public trial; preserved objections.
State v. Roger Timothy Best (20-543 - Unpublished)   Author: Judge Tobias Hampson
Motion for Mistrial; Juror Misconduct
State v. Shook (20-887 - Unpublished)   Author: Judge Tobias Hampson
Waiver of counsel; NCGS 15A-1242
Van Kampen v. Garcia (20-439 - Unpublished)   Author: Judge Darren Jackson
professional responsibility; disqualification of counsel based on conflicts of interest between former counsel and counsel associated in practice with former counsel; conflict imputation to lawyers associated in practice; Rules 1.6, 1.9, and 1.10 of the North Carolina Rules of Professional Conduct; no appeal of right exists from the denial of a motion to disqualify opposing counsel; trial court did not err, much less abuse its discretion, in denying motion to disqualify based on imputed conflict between former counsel in the same case who became associated in practice with opposing counsel after representation was terminated
Welch v. Welch (20-535 - Unpublished)   Author: Judge Fred Gore
Civil contempt; Rule 70 motion
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 52 PETITIONS AND 169 MOTIONS.


Filed: 15 June 2021
Mandate: 6 July 2021
Zip File of Published Opinions

Case Title / Description
Benigno v. Sumner Constr., Inc.  (20-321 - Published)   Author: Judge Hunter Murphy
Judgment on the pleadings; statute of limitations; latent defect.
Cline v. James Bane Home Bldg., LLC  (20-422 - Published)   Author: Judge Hunter Murphy
Summary judgment; governmental immunity; public official?s immunity.
In re: K.N.H.  (20-299 - Published)   Author: Judge Jeff Carpenter
Juvenile proceeding; disposition and commitment order; oral condition of probation; N.C. Gen. Stat. ? 7B-2512(a); oral order of disposition; duration of commitment; N.C. Gen. Stat. ? 7B-2513(a4); mootness; prejudicial error
In re: K.P.  (20-797 - Published)   Author: Judge John Arrowood
issues are whether district court erred by eliminating reunification, verifying that custodians understood legal significance of the juvenile's placement, and ceasing further reviews
Kincheloe v. Kincheloe  (20-34 - Published)   Author: Judge Donna Stroud
Deviation from Guidelines; Arrears determination; Insufficient Findings of Fact
Meabon v. Elliott  (20-559 - Published)   Author: Judge John Tyson
Alias and pluries summons; delayed service for years; Rule 41(b) dismissal; Wilder v. Wilder factors; prejudice to defendants.
State v. Atwell  (20-496 - Published)   Author: Judge John Arrowood
domestic violence protective order, indictment validity, forfeiture of right to counsel, N.C.G.S. 15A-1242
State v. Crawford  (20-180 - Published)   Author: Judge Hunter Murphy
Motion to withdraw guilty plea; factual basis; appellate jurisdiction.
State v. Ward  (20-552 - Published)   Author: Judge Tobias Hampson
Probation revocation; Subject-matter jurisdiction; NCGS 15A-1344
State v. Gordon  (20-461 - Published)   Author: Judge Fred Gore
Allen charge; N.C. Gen. Stat. § 15A-1235; jury instructions on further deliberations; statutory right to effective counsel in SBM proceedings
Warren Cty. DSS v. Garrelts  (20-868 - Published)   Author: Judge Darren Jackson
parentage; paternity; assisted reproduction; child support obligation of sperm donor; choice of law; full faith and credit clause; trial court erred in concluding that full faith and credit dictated that North Carolina law applied to claim for child support; North Carolina choice of law rules require that North Carolina court apply Virginia's law of parentage to determine whether sperm donor owes child support to the donee where the insemination and conception occurred in Virginia
Unpublished Opinions
15 June 2021  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 6 July 2021 

Belcher v. NC Dep't of Pub. Safety (20-562 - Unpublished)   Author: Judge Jeff Carpenter
Reverse and remand ALJ decision Respondent North Carolina Highway Patrol had just cause to terminate Petitioner Trooper for alleged violations of Respondent's policy; analysis of Wetherington factors under Warren framework.
Branch Banking & Tr. Co. v. GPAR, FF, LLC et. al (20-707 - Unpublished)   Author: Judge John Arrowood
deed of trust reformation, motion for summary judgment, motion to intervene, Statute of Frauds
In re A.C. (20-508) - [Withdrawn by order of the Court]
In re L.M., T.M. (20-516 - Unpublished)   Author: Judge Fred Gore
Adjudication order; neglect; findings of fact domestic violence; substantial risk of harm
In re. J.F., J.F. (20-231 - Unpublished)   Author: Judge Fred Gore
Juvenile; permanency planning order; statutory findings; grant of guardianship
Joseph Hewett vs Carolina Tractor/Liftone (20-659 - Unpublished)   Author: Judge John Arrowood
Industrial Commission, motion for summary judgment, interlocutory appeal.
Michael Azevedo v. Onslow Cnty. DSS (20-526 - Unpublished)   Author: Judge Valerie Zachary
responsible individuals list; child abuse; sufficient findings of fact
Schaeffer v. Singlecare Holdings, LLC (20-427 - Unpublished)   Author: Judge Jefferson Griffin
Choice of law, contract, nonresident defendant, personal jurisdiction, remote work, specific jurisdiction, telework
State of N. Carolina v. Tameika Rose Douglas (20-214 - Unpublished)   Author: Judge John Arrowood
issue is whether the trial court erred in sentencing juvenile defendant to LWOP and whether the sentence was constitutional
State of N. Carolina v. Terry Louis Little (20-690 - Unpublished)   Author: Judge Fred Gore
Motion to suppress; order entered out of term
State v. David Carl S.ern (20-433 - Unpublished)   Author: Judge John Arrowood
issues include whether trial court committed plain error by failing to strike inadmissible polygraph testimony or give a curative instruction directing jury to disregard the same, or both; and whether defendant was denied effective assistance of counsel
State v. DeMorris Van Cathcart II (20-872 - Unpublished)   Author: Judge Valerie Zachary
sufficiency of indictment to confer subject-matter jurisdiction on trial court; using initials to name victim in indictment charging sex offense; motion for appropriate relief
State v. Kenneth Earl Byrd (20-361 - Unpublished)   Author: Judge Fred Gore
post-conviction DNA testing; N.C. Gen. Stat. § 15A-269(c)
State v. Lonnell Williams (20-432 - Unpublished)   Author: Judge Fred Gore
Plea colloquy; probationary status; and N.C. Gen. Stat. § 15A-1022.1(e).
State v. Tillman (20-734 - Unpublished)   Author: Judge John Tyson
Modification of probation; special conditions of probation; Anders brief; dismiss.
State v. Tirado (20-213 - Unpublished)   Author: Judge John Arrowood
issues include whether trial court's findings of fact are supported by competent evidence; whether the court properly weighed mitigating evidence; whether the court applied the correct legal standard in imposing two consecutive LWOP sentences; and whether said sentences are constitutional
Stephen Lawing v. Chadwick Miller (20-492 - Unpublished)   Author: Judge Fred Gore
attorney?s fees; N.C. Gen. Stat. § 75-16.1
Wilson v. Sweely (20-682 - Unpublished)   Author: Judge Darren Jackson
standing of relative to seek child custody; trial court erred in granting motion to dismiss for lack of standing under Rule 12(b)(6) where allegations in complaint and evidence submitted in support thereof showed that parents were unfit and had acted inconsistently with their constitutionally protected status as parents
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 52 PETITIONS AND 169 MOTIONS.


Filed: 1 June 2021
Mandate: 21 June 2021
Zip File of Published Opinions

Case Title / Description
Craven Cty. v. Hageb  (20-442 - Published)   Author: Judge Valerie Zachary
child support; insufficient findings of fact; computation of gross income; credit for biological child
Fazzari v. New Hanover Reg'l Med. Ctr.  (20-473 - Published)   Author: Judge John Arrowood
trial court properly granted all defendants? motions to exclude plaintiffs? sole standard-of-care expert witness and motions to dismiss pursuant to Rule 9(j) and for summary judgment
In re: K.M.  (20-879 - Published)   Author: Judge Valerie Zachary
temporary suspension of supervised visitation; COVID-19; costs of visitation
NC Farm Bureau Mut. Ins. Co., Inc. v. Lanier L. Grp., P.A.  (19-926 - Published)   Author: Judge John Tyson
Declaratory judgment by insurer; personal injury lawsuits; duty to defend; US Driver's Privacy Projection Act; construing insurance policies; defined terms; plain meaning.
Richardson v. The Goodyear Tire & Rubber Co.  (20-745 - Published)   Author: Judge John Tyson
Worker's Compensation; NCGS 97-25(f); NCGS 97-2(19); NCGS 97-88.1; frivolous appeal; medical compensation; attorney's fees; abuse of discretion; cross appeal.
State v. Lance  (20-273 - Published)   Author: Judge Richard Dietz
Arson; motion to dismiss; application of requirement that defendant burned the dwelling house of another where other inhabitant was co-conspirator in arson plan; admission of expert testimony on fire investigation and cause of fire; Rule 702 reliability determination; jury instructions on insurance fraud; plain error; sufficiency of evidence to support restitution
State v. Gibson  (20-575 - Published)   Author: Judge Allegra Collins
insufficient evidence of every essential element for the offense of breaking or entering a motor vehicle
State v. McKoy  (20-452 - Published)   Author: Judge Allegra Collins
Admissibility of lay witness identifications, Rule of Evidence 701; sufficient evidence of felony larceny; restitution, N.C. Gen. Stat. ? 15A-1340.34, N.C. Gen. Stat. ? 1340.36, review of ability to pay prior to ordering restitution.
Unpublished Opinions
1 June 2021  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 21 June 2021 

Ascendum Mach., Inc. v. Kalebich (20-579 - Unpublished)   Author: Judge Darren Jackson
grant of motion to dismiss was not error where defendant did not sign contract in an individual capacity; trial court's failure to rule on motion to amend or alter judgment was not preserved for appellate review
Cheek-Tarouilly v. Stanhiser (20-150 - Unpublished)   Author: Judge Hunter Murphy
Domestic violence protective order, personal relationship, judicial admission, illustrative evidence, prejudice.
Deborah Lee French-Davis v. The Shops At Cameron Place, LLC (20-664 - Unpublished)   Author: Judge John Arrowood
motion for summary judgment, premises liability
Fam. Innovations, LLC v. Cardinal Innovations Healthcare Solutions (20-681 - Unpublished)   Author: Judge Chris Dillon
healthcare, managed care organization, local management entity, Medicaid, health care provider, contract, administrative law, summary judgment, services, utilization review
In Re A.L.P. (20-629 - Unpublished)   Author: Judge John Tyson
Juvenile delinquency; adjudication and disposition; NCGS 2405(4) privilege against self-incrimination; required findings of fact.
In re N.B., H.B., & L.B. (21-38 - Unpublished)   Author: Judge April Wood
Disposition order; guardianship; abuse of discretion; nonrelative placement; kinship placement; nonsecure custody
In re N.C. (21-54 - Unpublished)   Author: Judge Valerie Zachary
neglect adjudication of newborn; sufficiency of the evidence to support findings of fact; sufficiency of findings to support conclusions of law
In Re N.L.G. (21-56 - Unpublished)   Author: Judge Lucy Inman
? juvenile adjudicated delinquent ? trial court failed to address mandated inquiries before accepting juvenile's admission pursuant to N.C. Gen. Stat. § 7B-2407(a) (2019) ? reversed and remanded
In re W.A. (20-808 - Unpublished)   Author: Judge Allegra Collins
unchallenged findings of fact supported conclusions of law; no abuse of discretion when ceasing reunification efforts with Respondent-Father
Pistone v. Helberg (20-484 - Unpublished)   Author: Judge Richard Dietz
Child support; interlocutory appeal from discovery sanctions; lack of appellate jurisdiction
Postal v. Kayser (20-623 - Unpublished)   Author: Judge Richard Dietz
Challenge to decades-old covenants in residential subdivision; Real Property Marketable Title Act; exception for covenants that are part of a scheme of development and that restrict the property to residential use only, or more narrowly to multi-family or single-family residential use only; statutory construction
Radcliffe v. Avenel Homeowners Ass'n, Inc. (20-123 - Unpublished)   Author: Judge John Tyson
Tortious interference with prospective economic advantage; summary judgment; Rules of Appellate Procedure; substantial and gross violations.
Richard Bradley v. City of Fayetteville (20-525 - Unpublished)   Author: Judge Jefferson Griffin
Governmental immunity, process, service of process, discontinuance, unnamed parties, motion to dismiss
Solomon v. Cundiff (20-489 - Unpublished)   Author: Judge Jeff Carpenter
right to elective share determination proper by clerk of superior court
State of N. Carolina v. Joshua Blake Taylor (20-509 - Unpublished)   Author: Judge John Tyson
Sexual exploitation of a minor; statutory sex offense; lifetime SBM; writ of certiorari; Rule 2; NCGS 7A-451(a)(18); ineffective assistance of counsel.
State of N. Carolina v. Marica Finney (20-354 - Unpublished)   Author: Judge Lucy Inman
DWI, Motion to Suppress; Probable Cause
State v. Antenio Williams (20-424 - Unpublished)   Author: Judge Tobias Hampson
Rule 702 of evidence; Review for plain error; Abuse of discretion; Petition for Writ of Certiorari
State v. Dillard (20-631 - Unpublished)   Author: Judge Valerie Zachary
motion to suppress; probable cause; staleness of information in affidavit; trafficking
State v. Floyd (20-454 - Unpublished)   Author: Judge Valerie Zachary
jury instructions; lesser-included offense; involuntary manslaughter
State v. Jose Milton (20-414 - Unpublished)   Author: Judge Richard Dietz
Cyberstalking; plain error; challenge to admission of evidence excluded by prior ruling on motion in limine; unpreserved challenge to prosecutor's statements during jury selection
State v. Keon LaShawn Phifer (20-630 - Unpublished)   Author: Judge John Arrowood
motion to suppress, petition for writ of certiorari, Fourth Amendment search
State v. McKoy (20-582 - Unpublished)   Author: Judge Lucy Inman
? Motions to dismiss ? First-degree murder; robbery with a dangerous weapon; discharging a firearm within city limits in violation of local ordinance ? Conflicting evidence of self-defense ? Substantial evidence of premeditation and deliberation ? Taking of weapon and murder were so linked in time to constitute a continuous transaction ? Failure to introduce city ordinance in evidence
State v. O'Neal (20-375 - Unpublished)   Author: Judge Darren Jackson
no abuse of discretion where trial court refused to admit evidence of the victim's mental illness because prosecution witness's testimony about victim's mental health was summary and did not open the door to an entirely new line of inquiry on the subject
State v. Preston Spencer Alexander (20-315 - Unpublished)   Author: Judge Richard Dietz
Kidnapping; sufficient evidence of separate confinement or restraint apart from that inherent in underlying assaults; sufficient evidence of each alternative theory of purpose for kidnapping; challenge to instruction that knife was deadly weapon as matter of law; requirement that evidentiary challenges show prejudice
State v. Ramirez (20-504 - Unpublished)   Author: Judge Lucy Inman
Bail forfeiture; voluntary dismissal; sanctions; Rule 41
Williams. v. Reardon. (20-450 - Unpublished)   Author: Judge Richard Dietz
Challenge to decades-old covenants in residential subdivision; Real Property Marketable Title Act; exception for covenants that are part of a scheme of development and that restrict the property to residential use only, or more narrowly to multi-family or single-family residential use only; statutory construction
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 52 PETITIONS AND 169 MOTIONS.


Filed: 18 May 2021
Mandate: 7 June 2021
Zip File of Published Opinions

Case Title / Description
Belmont Ass'n, Inc. v. Farwig  (20-350 - Published)   Author: Judge Fred Gore
N.C. Gen. Stat. § 22B-20; restrictive covenant; summary judgment; statutory interpretation.
Benson v. Prevost  (19-962-2 - Published)   Author: Judge Chris Dillon
easement, map, driveway, boat, deed, parking, conveying, conveyance, depicted, recorded, slips, ingress, parties, egress, attorney's fees, easement rights, reasonable use, trial court, interfere, rights, gate, summary judgment, right to use, purchaser, adjacent, appears, feet
C Invs. 2, LLC v. Auger  (19-976 - Published)   Author: Judge Richard Dietz
Challenge to decades-old covenants in residential subdivision; Real Property Marketable Title Act; exception for covenants that are part of a scheme of development and that restrict the property to residential use only, or more narrowly to multi-family or single-family residential use only; statutory construction
DiPrima v. Vann  (20-545 - Published)   Author: Judge John Arrowood
trial court erred by (1) failing to make findings of defendant's intent before entering no-contact order; (2) considering conduct that did not occur in NC; and (3) basing its order on incidents when defendant was not sixteen years of age
Exec. Off. Park of Durham Ass'n, Inc. v. Rock  (20-405 - Published)   Author: Judge John Tyson
Non-judicial power of sale foreclosure; order of sale; redemption payment; fees, fines and interest; NC Unit Ownership Act NCGS sec. 47A; NC Condominium Act NCGS sec. 47C.
Miller v. Carolina Coast Emer. Physicians, LLC  (20-399 - Published)   Author: Judge Tobias Hampson
Time for filing cross-appeals under Rule of Appellate Procedure 3(c)(3); Motions to Tax Costs and General Appearances; Relation back of defenses; Rule 9(j) Motions to Dismiss; Exclusion of Medical Malpractice Experts under Rule of Evidence 702 and N.C. Gen. Stat. 90-21.12; Summary Judgment
Murray v. Deerfield Mobile Home Park  (20-382 - Published)   Author: Judge John Tyson
Summary judgment; motion to amend counterclaims; severability of land sales contract; option contract; consideration; specified date; statute of frauds; marital interest.
State v. Spinks  (20-541 - Published)   Author: Judge Valerie Zachary
constitutional right to a speedy trial; mistrial based on juror misconduct; statutory right to effective counsel in SBM proceedings
State v. McSwain  (20-343 - Published)   Author: Judge Jeff Carpenter
Motion to dismiss; sufficiency of the evidence; forgery of a check; uttering a false check; falsity element; authority to sign; illustrative evidence
State v. Parker  (20-291 - Published)   Author: Judge Darren Jackson
probable cause supported officer's search of vehicle where officer smelled what he believed was marijuana and passenger admitted smoking marijuana recently and produced marijuana from his person; there was no error in jury instructions stating that Cyclopropylfentanyl and N-ethylpentylone were controlled substances where evidence was contradicted that substances were chemical analogues or derivatives of listed controlled substances
State v. Garrett  (20-326 - Published)   Author: Judge Darren Jackson
indictment alleging possession and transportation of Fentanyl alleged possession and transportation of opiate qualifying as a schedule II controlled substance; no plain error existed where trial court communicated the essence of the deadlocked jury instructions but did not recite statutory language verbatim
State v. Mack  (20-241 - Published)   Author: Judge Tobias Hampson
Rule 404(b); Plain error; Sexually violent offenses; SBM
State v. Washington  (20-199 - Published)   Author: Judge Allegra Collins
Rules 401, 404(b); trial court did not err
Unpublished Opinions
18 May 2021  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 7 June 2021 

In re J.C. (20-345 - Unpublished)   Author: Judge Hunter Murphy
trial court's inquiry into potentially incompetent parent's need for a guardian ad litem; waiver of constitutionally protected parental status issue on appeal; necessary findings regarding supervised visitation costs.
Roderick Miles v. Nanotex, Inc. and Travelers Prop. Cas. Co. of Am. (20-634 - Unpublished)   Author: Judge John Tyson
Workers compensation; res judicata; occupational disease.
State of N. Carolina v. Willie Brook (20-463 - Unpublished)   Author: Judge Jeff Carpenter
no error in trial court's denial of defendant's post-sentencing motion to withdraw Alford plea; manifest injustice standard
State v. Bell (19-953 - Unpublished)   Author: Judge Donna Stroud
jury instructions
State v. Calloway (20-312 - Unpublished)   Author: Judge Hunter Murphy
Attorney fees, State v. Friend, notice and opportunity to be heard, motion to dismiss, possession of a firearm by a felon, circumstantial evidence.
State v. Jumper (20-400 - Unpublished)   Author: Judge John Tyson
Second degree murder; imperfect self defense; jury instructions; plain error review; aggressor; provocation; withdrawal from a fight.
State v. Kevin Bennet Chaudoin (20-340 - Unpublished)   Author: Judge Valerie Zachary
ineffective assistance of counsel; Harbison; petition for writ of certiorari; Rule 2; satellite-based monitoring; duplicative court costs
State v. Morrow (20-679 - Unpublished)   Author: Judge Chris Dillon
driving while impaired, speeding, resisting public officer, felony eluding arrest, right to counsel, forfeiture, counsel, colloquy
State v. Rivera (20-381 - Unpublished)   Author: Judge Tobias Hampson
Certiorari; Plain error; Motions to Dismiss for Insufficient Evidence
Stephen W. Waugh. v. States Res.s Corp.. (20-372 - Unpublished)   Author: Judge Jefferson Griffin
Interlocutory, res judicata, collateral estoppel, substantive right, foreclosure order, consent order, actually litigated
Zhang v. Pearce (20-770 - Unpublished)   Author: Judge John Tyson
Pro se appeal; Rules of Appellate Procedure; gross and substantial violations.
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 52 PETITIONS AND 169 MOTIONS.


Filed: 4 May 2021
Mandate: 24 May 2021
Zip File of Published Opinions

Case Title / Description
Culbreth v. Manning  (20-368 - Published)   Author: Judge Tobias Hampson
Rule 53; Referee's report; De novo review
State v. Sechrest  (20-256 - Published)   Author: Judge Hunter Murphy
indecent liberties with a child, facially valid indictment with minor?s initials, vouching.
State v. Crudup  (20-20 - Published)   Author: Judge John Tyson
Felony larceny; felony breaking and entering; habitual felon; waiver of counsel; abuse of discretion; refusal to participate in trial; standby counsel.
State v. Daw  (20-680 - Published)   Author: Judge Darren Jackson
habeas corpus; petitioner failed to make threshold showing that an act, omission, or event had occurred entitling him to be discharged
State v. Doisey  (20-332 - Published)   Author: Judge Jefferson Griffin
Constitutional right to counsel; waiver; resentencing; motion for appropriate relief
State v. Ezzell  (20-50 - Published)   Author: Judge Allegra Collins
N.C. Gen. Stat. ? 8C-1, Rule 104; N.C. Gen. Stat. ? 8C-1, Rule 1101; N.C. Gen. Stat. ? 8C-1, Rule 702; applicability of rules of evidence to suppression hearings; probable cause of driving while impaired
State v. Flow  (20-534 - Published)   Author: Judge John Tyson
First-degree sexual offense; first-degree rape; DVPO with a firearm; voluntary absence from trial; competency; unanimous jury verdict.
State v. Hensley  (20-330 - Published)   Author: Judge Allegra Collins
indecent liberties with a minor; no error when trial court failed to intervene ex mero motu during closing argument; closing argument remarks not grossly improper
State v. Watson  (20-147 - Published)   Author: Judge Valerie Zachary
felony murder; statutory rape; inconsistent verdicts
State v. Hendricks  (20-718 - Published)   Author: Judge Tobias Hampson
Subject-Matter Jurisdiction; Revocation of Special Probation
Town of Apex v. Rubin  (20-304 - Published)   Author: Judge Lucy Inman
Condemnation; injunctive relief; trespass
Town of Apex v. Rubin  (20-305 - Published)   Author: Judge Lucy Inman
Declaratory Action; preliminary injunction; condemnation
Unpublished Opinions
4 May 2021  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 24 May 2021 

Baldwin v. James (20-307 - Unpublished)   Author: Judge Darren Jackson
child custody; trial court did not err in awarding father primary physical and joint legal custody of child
Gray v. Holiday (20-425 - Unpublished)   Author: Judge Lucy Inman
Custody; grandparents; reliance on DVPO; standard of proof
House v. Rice (20-430 - Unpublished)   Author: Judge Fred Gore
operative words of conveyance; deed; intent of the grantor
In re E.Y.B. & G.E.E.B. (20-576 - Unpublished)   Author: Judge Darren Jackson
abuse, neglect, and dependency; trial court did not abuse its discretion denying motion for continuance; order awarding custody of minors to legal father contained necessary findings; waiver of further reviews was not error; and there was no abuse of discretion in refusing biological father visitation
In re J.P., Jr. (20-771 - Unpublished)   Author: Judge Jeff Carpenter
Neglect; findings of fact; constitutionally-protected parental status; adjudication order; dispositional order; custody granted to a non-parent; improper application of best interest analysis
In re M.Y., N.Y., K.E. & A.E. (20-848 - Unpublished)   Author: Judge Valerie Zachary
waiver of right to counsel; supervised visitation; delegation of judicial function; costs of visitation
Maxwell v. Maxwell (20-161 - Unpublished)   Author: Judge Fred Gore
Civil contempt; motion to show cause; issue preclusion
Ronald Bradley v. Lorraine Tapia (20-453 - Unpublished)   Author: Judge Darren Jackson
summary ejectment; trial court did not err by concluding that insufficient evidence supported defendant's claim that she was plaintiff's partner; supported factual findings supported relevant legal conclusions
State of N. Carolina v. Robert Lee Inman, Jr. (20-652 - Unpublished)   Author: Judge Darren Jackson
Anders brief; independent review revealed no error in trial for possession of methamphetamine and drug paraphernalia
State v. Christopher (19-1009 - Unpublished)   Author: Judge Donna Stroud
Conspiracy to commit burglary, at night element, motion to dismiss
State v. Harrison (20-327 - Unpublished)   Author: Judge April Wood
Probable Cause, Motion to Suppress, Search Incident to Arrest, Warrantless Search, Ineffective Assistance of Counsel
State v. Hood (19-1136 - Unpublished)   Author: Judge Donna Stroud
Jury Instruction, Instruction on Flight; Prejudicial Error
State v. James Edward Watkins, Jr. (20-397 - Unpublished)   Author: Judge Valerie Zachary
plain error; assault with a deadly weapon; jury instructions; lesser-included offense
State v. Killian (20-163 - Unpublished)   Author: Judge April Wood
Retention of evidence; Materiality, Due process, Homicide, Attempted first-degree murder.
State v. Lewis (20-641 - Unpublished)   Author: Judge Jeff Carpenter
State presented evidence sufficient for trial court's denial Defendant's motion to dismiss charges of child abuse by inflicting serious bodily injury and serious physical injury under N.C. Gen. Stat. § 14-318.4(a) (2019) and N.C. Gen. Stat. § 14-318.4(a3) (2019).
State v. Mark Thomas Boger (20-393 - Unpublished)   Author: Judge Fred Gore
Criminal contempt, summary proceedings
State v. Pittman (19-781 - Unpublished)   Author: Judge Donna Stroud
Constitutional right to counsel,waiver of assigned counsel
State v. Vincent King (20-554 - Unpublished)   Author: Judge April Wood
Appellate Rules Violations, Rule 4, Rule 9, Rule 21; Jurisdiction; Attorney Fees Civil penalty; Assault Inflicting Serious Bodily Injury; Domestic Violence
White v. AllState Ins. Co. (20-483 - Unpublished)   Author: Judge Darren Jackson
unfair and deceptive practices; admission of untimely affidavit was not abuse of discretion; pre-suit release did not bar claims against non-party; fact issue existed as to when statute of limitations period on unfair and deceptive practices claim began to run; summary judgment was improper where evidence was sufficient to support claim for unfair and deceptive practices
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 52 PETITIONS AND 169 MOTIONS.


Filed: 20 April 2021
Mandate: 10 May 2021
Zip File of Published Opinions

Case Title / Description
Fecteau v. Spierer  (20-532 - Published)   Author: Judge Jeff Carpenter
Child custody proceeding; consent order; substantial change in circumstances; absence of findings in initial order; findings of fact; conclusions of law; sufficiency of the evidence; N.C. Gen. Stat. § 50-13.7(a)
In re: Unifi Mfg., Inc.  (20-300 - Published)   Author: Judge Fred Gore
N.C. Gen. Stat. 105-283 true value, ad valorem property tax valuation
In re: L.G.A.  (20-148 - Published)   Author: Judge Donna Stroud
motion to continue, custody, cost and ability to pay for professional supervision
In re: D.A.H.  (20-212 - Published)   Author: Judge Darren Jackson
juvenile delinquency; Fifth Amendment protection against self-incrimination at the schoolhouse; Miranda warnings required when juveniles subjected to custodial interrogation at school; trial court erred in denying juvenile's motion to suppress statements made during custodial interrogation at school where no Miranda warnings were given
In re: E.W.P.  (20-181 - Published)   Author: Judge Jeff Carpenter
Trial court?s jurisdiction over NGRI defendant was proper based on the plain language of N.C. Gen. Stat. § 122C-62; physician not entitled to expand parameters of trial court's order
In re: W.M.C.M.  (20-164 - Published)   Author: Judge John Tyson
Juvenile delinquency; escalating conduct; acceptance of plea; abuse of discretion; commitment to YDC; NCGS 7B-2407; NCGS 7B-2411.
Core v. NC Div. of Parks & Recreation  (20-249 - Published)   Author: Judge April Wood
Hidden Danger; Contributory Negligence; Negligence; Competent Evidence
State v. Helms  (20-295 - Published)   Author: Judge Allegra Collins
Defendant's indictment was facially valid.
State v. Womble  (20-364 - Published)   Author: Judge John Tyson
First-degree murder; innocence commission; Law of the Land clause; Due Process; Fourth Amendment; blood draw; DNA sample; ineffective assistance of counsel; inevitable discover; fruit of poisonous tree; coercion.
State v. Carver  (19-1055 - Published)   Author: Judge Richard Dietz
State's appeal from order allowing defendant's motion for appropriate relief; appellate jurisdiction; State's right to appeal grant of new trial based on ineffective assistance of counsel claim
State v. Myrick  (20-689 - Published)   Author: Judge Jefferson Griffin
Capacity, competency, due process, involuntary commitment, not guilty by reason of insanity, plea
State v. Irvins  (20-586 - Published)   Author: Judge Allegra Collins
Attempted larceny conviction not an eligible count of larceny to support an indictment for felony habitual larceny under N.C. Gen. Stat. § 14-72(b)(6)
State v. Jackson  (20-142 - Published)   Author: Judge Richard Dietz
Drug possession; sufficiency of evidence that seized item was controlled substance; authentication of controlled substance; possible contamination of substance; plain error; jury instructions on further deliberations; Allen charge
State v. Posner  (20-462 - Published)   Author: Judge Allegra Collins
Single taking rule; prior record level calculation; prior conviction for possession of marijuana drug paraphernalia; all elements of present offense in prior offense; arrest judgment and new sentencing hearing
State v. Steele  (20-171 - Published)   Author: Judge Darren Jackson
seizure under Fourth Amendment; defendant was seized under Fourth Amendment by officer's display of authority; traffic stop was not a voluntary encounter
State v. Walton  (20-211 - Published)   Author: Judge John Arrowood
motion to suppress, motion to dismiss, reasonable suspicion, offer of proof, police dog reliability
West v. Hoyle's Tire & Axle, LLC  (20-470 - Published)   Author: Judge Jeff Carpenter
decedent-employee's workers' compensation benefits; marital status
Unpublished Opinions
20 April 2021  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 10 May 2021 

Alejandro Asbun v. N. Carolina Dep't of Health and Human Serv.s (20-346 - Unpublished)   Author: Judge John Arrowood
appeal from final agency decision in the OAH dismissing petitioner's Whistleblower claim
Cousin v. Cousin (19-1152 - Unpublished)   Author: Judge John Arrowood
issues include whether court miscalculated defendant's income for computing child support and applied the wrong set of child support guidelines; and whether the court erred by entering an alimony award not based upon the income of the parties as of the date of the entry of the order
In K.R., K.R., K.R. (20-507 - Unpublished)   Author: Judge Jefferson Griffin
Child custody, UCCJEA, jurisdiction to modify foreign custody determination, temporary emergency jurisdiction
In Re S.M. (20-871 - Unpublished)   Author: Judge Jeff Carpenter
Juvenile disposition order; N.C. Gen. Stat. § 7B-2502(c); interdisciplinary evaluation
Isak v. Williams (20-205 - Unpublished)   Author: Judge Fred Gore
Jury instructions; negligence; sudden emergency doctrine
Nichols v. NC Admin. Off. of the Courts (19-430 - Unpublished)   Author: Judge Donna Stroud
Tort Claims Act, Negligence, Judicial Immunity
Robert R. Todd v. Donna Welling Todd (20-481 - Unpublished)   Author: Judge John Arrowood
domestic violence protective order, findings of fact, conclusions of law, G.S. 50B-1(a)
State of N. Carolina v. Kristy Brooks (20-420 - Unpublished)   Author: Judge John Arrowood
felony obstruction of justice, jury instruction, plain error
State of N. Carolina v. Rhasheem McMillian (20-251 - Unpublished)   Author: Judge Fred Gore
Motion for Continuance; Attorney Fee's
State v. Carver (19-555 - Unpublished)   Author: Judge Donna Stroud
Coercing a jury verdict; Plain Error
State v. Christopher Dean Hall (20-331 - Unpublished)   Author: Judge Valerie Zachary
motion to dismiss; plain error review; lay testimony; expert testimony; exhibit not in evidence
State v. Coltrane (20-529 - Unpublished)   Author: Judge Jeff Carpenter
No plain error in trial court's admission of expert witness testimony; no plain error in trial court's allowing reference to drugs, cocaine, etc. based on visual observations of substances.
State v. Elizabeth Ann Hernandez (20-510 - Unpublished)   Author: Judge John Arrowood
motion to dismiss for insufficient evidence, jury instruction, driving while impaired
State v. Garcia (20-380 - Unpublished)   Author: Judge Valerie Zachary
subject-matter jurisdiction; ineffective assistance of counsel; improper opinion; witness vouching
State v. Helton (20-252 - Unpublished)   Author: Judge John Arrowood
issue is whether court erred by denying defendant's motion to dismiss the charge of notarizing a vehicle title without the principal present with the intent to commit fraud in violation of NCGS 10B-60(d); the crux is whether the State presented sufficient evidence to establish that defendant was a notary as plainly required under the aforesaid provision
State v. Hewitt (17-1157-2 - Unpublished)   Author: Judge Tobias Hampson
Batson challenge; Remand to the trial court for further findings in light of State v. Hobbs.
State v. Holland (20-493 - Unpublished)   Author: Judge Jefferson Griffin
Coerced verdict, first-degree murder, N.C. Gen. Stat. § 15A-1235(c), right to unanimous jury verdict, statutory mandate, victim impact evidence
State v. Huneycutt (20-500 - Unpublished)   Author: Judge Jefferson Griffin
Anonymous tip, investigatory stop, Fourth Amendment, hunting, motion to suppress, N.C. Gen. Stat. § 113-136, reasonable suspicion, search, seizure, Wildlife Resources Commission
State v. James (20-73 - Unpublished)   Author: Judge Valerie Zachary
plain error review; irrelevant evidence; failure to demonstrate prejudice
State v. Jeffrey Braxton Broadway (20-318 - Unpublished)   Author: Judge Jeff Carpenter
Hearsay; exceptions; excited utterance; lack of spontaneity; motive to fabricate
State v. Lee J. Burns (20-259 - Unpublished)   Author: Judge Tobias Hampson
Motion to Suppress; Out-of-court identification; No error
State v. McDougal (20-474 - Unpublished)   Author: Judge Jeff Carpenter
Writ of certiorari; notice of appeal; motion to dismiss; uttering a forged instrument; obtaining property by false pretenses; intent element; knowledge element; sufficiency of evidence; preservation of issues
State v. Richmond (20-615 - Unpublished)   Author: Judge Jeff Carpenter
This Court cannot properly assess ineffective assistance of counsel issue on direct appeal.
State v. Tommy Lovett (20-539 - Unpublished)   Author: Judge Lucy Inman
Motion to suppress; trafficking; possession; probable cause; affidavit; sufficient nexus
Vonhall v. Vonhall (20-466 - Unpublished)   Author: Judge Valerie Zachary
divorce; equitable distribution; division of property as marital or separate; Rule 52(b) motion for additional findings
W.land Grp., Inc. v. Ascentium Capital, LLC (20-356 - Unpublished)   Author: Judge Jeff Carpenter
Summary judgment; guaranty contract; mutual mistake; parol evidence
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 52 PETITIONS AND 169 MOTIONS.


Filed: 6 April 2021
Mandate: 26 April 2021
Zip File of Published Opinions

Case Title / Description
Lunsford v. Teasley  (20-436 - Published)   Author: Judge Hunter Murphy
Statute of limitations for voluntary dismissal, commencement of a civil action, Rule 3 North Carolina Rules of Civil Procedure, and issuance of a summons.
Carolyn Louise Gunn Testamentary Tr. v. Bumgardner  (20-308 - Published)   Author: Judge Richard Dietz
Content of permanent injunction order; Rule 65; interlocutory appeal; injunction pending appeal; Rule 62(c)
Hovey v. Sand Dollar Shores Homeowner's Ass'n, Inc.  (20-423 - Published)   Author: Judge Lucy Inman
Public Dedication; Declaratory Judgment; Summary Judgment
In re: S.R.J.T.  (20-29 - Published)   Author: Judge Donna Stroud
Adjudication, Disposition, Guardianship
In re: J.M. & N.M.  (20-677 - Published)   Author: Judge April Wood
Permanency Planning Hearings; Reunification; Reasonable Efforts; Judicial Notice
In re: S.D.  (20-636 - Published)   Author: Judge April Wood
Reunification; Permanency Planning Review Hearings; Constitutionally Protected Parental Status
Jackson v. Home Depot U.S.A., Inc.  (20-313 - Published)   Author: Judge Valerie Zachary
arbitration; interlocutory appeal; third-party beneficiary of a contract; equitable estoppel; sufficient findings of fact; novation
Woody v. Vickrey  (20-337 - Published)   Author: Judge Jeff Carpenter
Interlocutory appeal; substantial rights; inconsistent verdicts; right to jury trial; N.C. Const., Art. I, § 25; quiet title; conversion; cancellation and rescission; mental incapacity; undue influence; critical preliminary issues; declaratory judgment; permanent injunction; partial summary judgment
State v. Swain  (20-232 - Published)   Author: Judge Donna Stroud
Motion to suppress, entry of a written order
State v. Baldwin  (20-17 - Published)   Author: Judge John Tyson
First-dgree murder, attempted first-degree murder; felony conspiracy to commit first degree murder; firing into an occupied operating vehicle; lying in wait; acting in concert; conspiracy.
State v. Knight  (20-403 - Published)   Author: Judge Darren Jackson
unilateral withdrawal of plea agreement by prosecutor; trial court erred by imposing sentence contrary to plea agreement where defendant performed under agreement; specific performance of plea agreement is appropriate remedy for breach of agreement by the state
State v. Geter  (20-706 - Published)   Author: Judge Jefferson Griffin
Probation revocation, good cause, N.C. Gen. Stat. § 15A-1344(f)
State v. Kennedy  (20-140 - Published)   Author: Judge Fred Gore
Possession of a Firearm by a Felon; Constructive Possession; Motion to dismiss for insufficient evidence.
State v. Waugh  (20-191 - Published)   Author: Judge Allegra Collins
Rape of a child, indecent liberties with a child, and sexual offense with a child; admission of testimony that the minor child?s symptoms were consistent with sexual abuse; no plain error
State v. Wynn  (18-536-2 - Published)   Author: Judge Donna Stroud
possession of a firearm by a felon; constructive possession of a controlled substance
Sullivan v. Pugh  (20-351 - Published)   Author: Judge Allegra Collins
N.C. Gen. Stat. 1A-1, Rule 42(a); consolidation; consolidated for trial; no requirement to serve voluntary dismissal on a nonparty; voluntary dismissal deprived trial court of jurisdiction to enter further orders;
Unpublished Opinions
6 April 2021  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 26 April 2021 

Alba v. Blue Cross & Blue Shield of NC (20-512 - Unpublished)   Author: Judge Valerie Zachary
motion to dismiss; health insurance; wrongful death; negligence; duty of due care
Bost Realty Co., Inc. v. City of Concord (19-309-2 - Unpublished)   Author: Judge Lucy Inman
Czech v. Cole (19-1165 - Unpublished)   Author: Judge Richard Dietz
Summary judgment; sale of real estate; fraud; negligent misrepresentation; negligence; disclosures; As Is clause
In re K.S., K.N.S. (20-31 - Unpublished)   Author: Judge Hunter Murphy
Ceasing reunification efforts, permanency planning, custody of juveniles.
In re: B.M.P. (20-794 - Unpublished)   Author: Judge Darren Jackson
Anders brief in child neglect case; independent review of the record disclosed no prejudicial error
Journey Capital, LLC v. City of Concord (19-310-2 - Unpublished)   Author: Judge Lucy Inman
Lewis v. Lawson (20-329 - Unpublished)   Author: Judge Jefferson Griffin
Interlocutory order, motion to dismiss, substantial right
Metro Dev. Grp., LLC v. City of Concord (19-311-2 - Unpublished)   Author: Judge Lucy Inman
State of N. Carolina v. Reginald Malker (20-449 - Unpublished)   Author: Judge Darren Jackson
sufficiency of evidence of actual or constructive possession of firearm to submit charge of possession of firearm by felon to jury; evidence supported trial court's instructions on flight
State v. Abel (20-174 - Unpublished)   Author: Judge Lucy Inman
Warrants; Probable Cause; Preservation; Confrontation Clause; Prejudicial Error; Jury Instruction; Improper Statements of Counsel
State v. Corey Joseph Greenfield (20-360 - Unpublished)   Author: Judge Tobias Hampson
Statutory Sexual Offense; Indictments; Verdicts
State v. Crandle (20-407 - Unpublished)   Author: Judge Valerie Zachary
appellate jurisdiction; felony sentencing; probation; restitution
State v. Cruz (20-352 - Unpublished)   Author: Judge Richard Dietz
Possession and sale of cocaine; plain error; structural error; jury instructions on reasonable doubt standard and option to return not guilty verdict; incorrect offense dates on judgment forms
State v. Davis (20-144 - Unpublished)   Author: Judge Richard Dietz
Serious injury by vehicle; hit and run with injury; impaired driving; defense of necessity; officer testimony on HGN test; officer testimony on BAC based on HGN test; plain error; sufficiency of evidence of serious injury
State v. Etters (20-208 - Unpublished)   Author: Judge Richard Dietz
Robbery with a dangerous weapon; jury instructions; friend exception to mere presence rule
State v. Jaime Luis Torres (20-477 - Unpublished)   Author: Judge Lucy Inman
first-degree murder, armed robbery, conspiracy challenge to authentication of recorded jail calls admitted under the business record exception no plain error grant petition for writ of certiorari no unreasonable delay in seeking review civil judgment of attorney's fees vacated and remanded
State v. Johnathan Tyler Autry (20-341 - Unpublished)   Author: Judge Tobias Hampson
Oral motion to recuse.
State v. Johnson (20-549 - Unpublished)   Author: Judge Darren Jackson
Anders brief; independent review of the record revealed no prejudicial error
State v. Keith Lavoris Hall (20-349 - Unpublished)   Author: Judge April Wood
1st degree murder conviction; Post-conviction DNA testing
State v. Laquia Black (20-415 - Unpublished)   Author: Judge Tobias Hampson
Probation revocation; Activation of suspended sentence after expiration of a defendant's probationary period.
State v. McCain (19-1069 - Unpublished)   Author: Judge Hunter Murphy
Notice of aggravating factor, Driving while impaired, Ineffective assistance of counsel, Plain error
State v. Nelson (20-370 - Unpublished)   Author: Judge Jefferson Griffin
Prior convictions; prior record level; sentencing error
State v. Patricia Kirley (20-451 - Unpublished)   Author: Judge Jeff Carpenter
Jury instruction; automatism defense; sufficiency of evidence; judgment; sentencing error; clerical error; remand.
State v. Waldrop (19-1146 - Unpublished)   Author: Judge Richard Dietz
Sex offenses; challenges to closing argument
State v. Williams (20-184 - Unpublished)   Author: Judge Valerie Zachary
probation revocation; absconding
Suazo v. Gutierrez-Bojorquez (19-1079 - Unpublished)   Author: Judge Hunter Murphy
Workers? Compensation Act, statutory employer, affirmative defenses.
Thomas and Metcon, Inc. et. al vs. Gerome Chavis (20-258 - Unpublished)   Author: Judge Valerie Zachary
civil procedure; default judgment; motion for relief from judgment
U.S. Bank Tr. v. Rogers (20-506 - Unpublished)   Author: Judge John Tyson
Reformation of description; mutual mistake; deed of trust; third-party complaint; interlocutory appeal; joinder; necessary party/permissive party.
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 52 PETITIONS AND 169 MOTIONS.


Filed: 16 March 2021
Mandate: 5 April 2021
Zip File of Published Opinions

Case Title / Description
Alexander v. Alexander  (19-391 - Published)   Author: Judge Chris Dillon
custody, consent order, visitation, parent, grandparent, intervene, status quo, attorney?s fees, child, children, unfit, paramount, welfare, custodial
Caroline-A-Contracting, LLC v. J. Scott Campbell Constr. Co., Inc.  (20-60 - Published)   Author: Judge Lucy Inman
negligence counterclaim construction project dispute general contractor and independent subcontractor collateral source rule offset/credit
Erie Ins. Exch. v. Smith  (20-246 - Published)   Author: Judge Tobias Hampson
Conditional delivery of a motor vehicle; Declaratory judgment; Liability insurance coverage.
In re J.C.-B.  (20-458 - Published)   Author: Judge John Tyson
Permanency planning order; disposition; unfitness; conduct inconsistent with parental rights; clear and convincing evidence; cease reunification; adequate resources of legal custodian; GAL duties; terminating jurisdiction.
In re R.P.  (20-311 - Published)   Author: Judge John Tyson
Adjudication and disposition hearing; stipulated facts; resignation of trial judge; N.C.G.S. 1A-1, Rule 63; ministerial act; N.C.G.S. 7B-805.
State v. Macke  (20-293 - Published)   Author: Judge John Tyson
Traffic checkpoint; DWI; programmatic purpose; State's police power; fundamental right to travel; 14th Amendment challenges.
State v. Copley  (18-895-2 - Published)   Author: Judge John Arrowood (View Supreme Court Opinion)
habitation defense; self-defense; laying in wait; first-degree murder
State v. Walters  (20-440 - Published)   Author: Judge John Tyson
Trafficking in heroin by possession and transportation, motion to dismiss, preservation of issue for appeal, constructive possession, sufficiency of the evidence, mere suspicion, other incriminating circumstances.
State v. Gibson  (20-219 - Published)   Author: Judge Allegra Collins
Felony hit and run; sufficient evidence; jury instruction on flight
State v. Stokley  (20-177 - Published)   Author: Judge John Tyson
Second-degree kidnapping; robbery with a dangerous weapon; asportation; motion to dismiss; greater danger; jury instruction; disjunctive elements; restraint or removal; plain error.
State v. Bannerman  (20-495 - Published)   Author: Judge Allegra Collins
Defendant clearly and unequivocally waived his right to counsel, and his waiver was knowing, intelligent, and voluntary.
Unpublished Opinions
16 March 2021  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 5 April 2021 

Crawford v. Summerfield (20-328 - Unpublished)   Author: Judge Jefferson Griffin
Failure to allege standing, motion to amend complaint, Rule 15, Rules 12(b)(1) and 12(b)(6) motions to dismiss, quo warranto action
Crosland v. Patrick (19-713-2 - Unpublished)   Author: Judge Hunter Murphy
Statute of limitations bars claims of fraud, duress, or undue influence after three years. An alleged unilateral revocation of a prenuptial agreement argued in pleadings has no legal significance.
Darrell Nichols v. United Painting Serv.s (20-443 - Unpublished)   Author: Judge John Arrowood
issue is whether the NC Industrial Commission erred by declining to consider two suitable employment opportunities supposedly offered to plaintiff following the hearing before the Deputy Commissioner because they had not been approved by plaintiff's physician as of the date of the initial hearing
In re B.T. (20-366 - Unpublished)   Author: Judge Darren Jackson
abuse and neglect; relative placement priority; necessity of findings to support conclusion that placement of juvenile with non-relatives was in the best interest of juvenile
In re S.O. (20-348 - Unpublished)   Author: Judge John Arrowood
issues include whether the court had jurisdiction to enter permanency order awarding permanent guardianship of juvenile to foster parents; whether findings of fact support court's conclusion that parents are unfit and acted inconsistently with their constitutionally protected status; whether trial court erred by failing to notify appellants-parents of the right to file a motion for review; and whether evidence supported court's reunification findings and conclusions
In the Matter of J.N. & L.N. (20-296 - Unpublished)   Author: Judge Chris Dillon
juvenile, father, permanency planning order, hearing, abuse, neglect, child, custody, DSS, grandparents, guardianship, guardian ad litem, parent
State v. Benner (19-879 - Unpublished)   Author: Judge Allegra Collins
no error in declining to give N.C.P.I Crim. 308.10 instruction; no invited error; no plain error in failing to instruct jury on mistake of fact; failure to comply with N.C. R. App. P. 3 and properly notice appeal
State v. George Green (20-394 - Unpublished)   Author: Judge Lucy Inman
Sexual battery, inadequate record
State v. Harris (19-1124 - Unpublished)   Author: Judge Chris Dillon
incest, statutory rape, indecent liberties with a child, first-degree kidnapping, subject matter jurisdiction, sovereign citizen, standby counsel, victim, child, pregnancy, relinquishment of parental rights, pediatrician, hearsay, confrontation, competency, incompetent
State v. Miller (20-225 - Unpublished)   Author: Judge Valerie Zachary
motion to dismiss; misdemeanor child abuse; substantial risk of physical injury
State v. Nelson Avila (20-297 - Unpublished)   Author: Judge Jefferson Griffin
Fourth Amendment, consent, coercion, motion to suppress, search, seizure
State v. Riley Kennington (20-419 - Unpublished)   Author: Judge John Arrowood
probation condition, N.C. Gen. Stat. § 15A-1343, abuse of discretion
State v. Robinson (20-429 - Unpublished)   Author: Judge Chris Dillon
strangulation, assault on a female, airway, detective, testimony, injury
State v. Shepard (19-1012 - Unpublished)   Author: Judge Tobias Hampson
Evidence in criminal trials; Plain error
State v. Watts (20-158 - Unpublished)   Author: Judge Lucy Inman
Plain Error; Prejudice; Certiorari; Ineffective Assistance of Counsel
Taylor v. Taylor (20-426 - Unpublished)   Author: Judge Valerie Zachary
divorce; alimony; dependent spouse
United Cmty. Bank v. Wakefield Missionary Baptist Church (20-335 - Unpublished)   Author: Judge Lucy Inman
grant of interpleader, church dispute over access to bank accounts, ecclesiastical entanglement, substantial right, subject matter jurisdiction, appeal dismissed as interlocutory
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 52 PETITIONS AND 169 MOTIONS.


Filed: 2 March 2021
Mandate: 22 March 2021
Zip File of Published Opinions

Case Title / Description
Farmer v. Troy Univ.  (19-1015 - Published)   Author: Judge Valerie Zachary
motion to dismiss; interstate sovereign immunity; Franchise Tax Board v. Hyatt; waiver of immunity; retroactive application; state constitutional claims
Halterman v. Halterman  (19-912 - Published)   Author: Judge Donna Stroud
foreign custody order; foreign child support order; registration; motion to dismiss
Hicks v. KMD Inv. Sols., LLC  (20-71 - Published)   Author: Judge Hunter Murphy
Judgment notwithstanding the verdict, directed verdict, constructive notice, breach of duty
In re J.S.G.  (20-82 - Published)   Author: Judge Donna Stroud
juvenile petition
Porters Neck Ltd., LLC v. Porters Neck Cty. Club, Inc.  (19-537 - Published)   Author: Judge John Tyson
Interlocutory appeal; sanctions; attorney's fees; discovery violations; customary fees in market; untimely appeal; retention of jurisdiction.
State v. Perdomo  (20-243 - Published)   Author: Judge Valerie Zachary
plain error review; vouching for credibility of child-victim; closing the courtroom; ineffective assistance of counsel
State v. Arnett  (20-324 - Published)   Author: Judge John Tyson
Assault with deadly weapon inflicting serious injury; habitual felon; general intent; specific intent; involuntary intoxication defense; Harbison violation; ineffective assistance of counsel.
State v. Carpenter  (19-1006 - Published)   Author: Judge John Tyson
First-degree sex offense; first-degree kidnapping; aiding or abetting; lesser included offense; jury instructions.
State v. Harris  (19-617 - Published)   Author: Judge Donna Stroud
spousal privilege
Unpublished Opinions
2 March 2021  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 22 March 2021 

Counts v. Counts (20-12 - Unpublished)   Author: Judge Chris Dillon
divorce, military pension, pension, debt, marital debt, equitable distribution, life expectancy, spouse, marital estate, student loans
Davis v. Davis (20-303 - Unpublished)   Author: Judge Lucy Inman
Child support modification, sanctions,
Fish v. Fish (20-203 - Unpublished)   Author: Judge Allegra Collins
divorce, date of separation, cohabitation
Gupton v. NC Dep't of Pub. Safety (20-357 - Unpublished)   Author: Judge Jefferson Griffin
N.C. Gen. Stat. ? 150B-51(b), contested case hearing, administrative hearing, constitutional claims, appellate jurisdiction
In re N.T., A.T. (20-247 - Unpublished)   Author: Judge Donna Stroud
Constitutionally protected parental status, relative placement
Inrock Drilling Sys., Inc. v. CMP Techs., Inc. (20-167 - Unpublished)   Author: Judge Jeff Carpenter
Motion to enforce judgment; insufficient service of process
John J. Callahan, Adm'r of Meggan Callahan's Estate v. N. Carolina Dep't of Pub. S (20-269 - Unpublished)   Author: Judge John Arrowood
issues include (1) whether the appeal is interlocutory and thus should be dismissed; (2) if not, whether plaintiff can assert a Corum claim under the NC Constitution when she has other adequate state remedies; and relatedly (3) whether the trial court erred in denying defendant's MTD the Corum claim
Pfouts v. NC Div. of Emp't Sec. (20-75 - Unpublished)   Author: Judge Tobias Hampson
Denial of Unemployment Benefits; Statutory Requirements for Judicial Review
State of N. Carolina v. Jonathan Hayes (20-275 - Unpublished)   Author: Judge John Arrowood
Rule 403, abuse of discretion, autopsy photographs
State v. Henry Frederick Saulpaugh (20-301 - Unpublished)   Author: Judge Jefferson Griffin
Probation, revocation, revoke. cross-examine, adverse witness, confrontation, good cause, abscond
State v. Johnson (20-110 - Unpublished)   Author: Judge Jefferson Griffin
Expert testimony regarding evidence of sexual assault, evidence of prior bad acts, relevance, character evidence, some other proper purpose, statutory sex offenses with a minor
State v. Moore (20-85 - Unpublished)   Author: Judge John Arrowood
appeal of first-degree murder conviction on evidentiary and jury instruction grounds; appeal of denial of motion to dismiss
State v. Owen (20-210 - Unpublished)   Author: Judge Jeff Carpenter
Motion to dismiss; sufficiency of evidence; jury instructions; defense of accident
State v. Rhynes (19-386 - Unpublished)   Author: Judge Donna Stroud
Anders
State v. Rollinson (20-42 - Unpublished)   Author: Judge Jeff Carpenter
Right to waiver of jury trial; sentencing error
State v. W. (20-57 - Unpublished)   Author: Judge Richard Dietz
Motion to suppress; reasonable suspicion for brief safety frisk; reasonable suspicion for full investigatory stop and search of vehicle; argument preservation
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 52 PETITIONS AND 169 MOTIONS.


Filed: 16 February 2021
Mandate: 8 March 2021
Zip File of Published Opinions

Case Title / Description
King v. Duke Energy Progress, LLC  (20-292 - Published)   Author: Judge Darren Jackson
trespass to timber; measure of damages where trees are ornamental and have little or no commercial value after being cut; replacement cost constitutes competent evidence of diminution in value of real estate owned for personal use
State v. Corpening  (19-1063 - Published)   Author: Judge Lucy Inman
? jurisdictional defect under North Carolina Rule of Appellate Procedure 3(d) ? motion to dismiss allowed ? petition for writ of certiorari granted ? attorney's fees
State v. Edwards  (19-615 - Published)   Author: Judge Richard Dietz
First degree murder; jury instruction on lack of flight; harmless error
Unpublished Opinions
16 February 2021  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 8 March 2021 

Bresnahan v. Kirk (20-207 - Unpublished)   Author: Judge John Arrowood
whether appeal should be dismissed as interlocutory and, if not, whether the trial court properly imposed Rule 11 sanctions on plaintiffs for discovery violations
In re S.P-H. (20-229 - Unpublished)   Author: Judge Jefferson Griffin
Involuntary commitment, split commitment, dangerous to self, dangerous to others, mentally ill, aggression, physical debilitation, serious bodily harm, near future
Klaver v. Klaver (19-860 - Unpublished)   Author: Judge Donna Stroud
Alimony
Poulos v. Poulos (20-365 - Unpublished)   Author: Judge John Arrowood
motion to dismiss, interlocutory appeal, res judicata
State v. Bridges (19-838 - Unpublished)   Author: Judge Valerie Zachary
hearsay; N.C. Evid. R. 803(3); declarant's then-existing state of mind; closing arguments; trial court's failure to intervene ex mero motu; law of self-defense
State v. DiPietro (20-8 - Unpublished)   Author: Judge Valerie Zachary
motion to continue; effective assistance of counsel; failure to show prejudice
State v. Eakes (19-745 - Unpublished)   Author: Judge Chris Dillon
False Pretense, misrepresentation, ineffective assistance of counsel, indictment, evidence at trial, jury instructions, fatal variance
State v. Gaddy (20-286 - Unpublished)   Author: Judge Darren Jackson
trial court lacked subject matter jurisdiction where indictment charging perjury lacked the allegedly false statement
State v. Harris (20-62 - Unpublished)   Author: Judge Tobias Hampson
No error; Motion to dismiss; Lesser-included offense instruction; Sentencing; Remand for clerical error.
State v. Howie (20-284 - Unpublished)   Author: Judge John Arrowood
motion to dismiss for insufficient evidence, N.C. Gen. Stat. § 14-208.7
State v. Jones (20-281 - Unpublished)   Author: Judge Hunter Murphy
reasonable articulable suspicion, abandoned argument, no prejudicial error
State v. Lindsey (20-91 - Unpublished)   Author: Judge Darren Jackson
jury instructions on charge of failure to register as a sex offender; any error in misplacing the word willfully in the instructions did not constitute plain error
State v. McSpadden (20-109 - Unpublished)   Author: Judge Chris Dillon
common law robbery, resisting public officer, assault on government official, surveillance video, limiting instruction, ex mero motu, opening statement, closing argument, jury argument
State v. Silvernale (20-55 - Unpublished)   Author: Judge Allegra Collins
Anders v. California, 386 U.S. 738 (1967); appeal wholly frivolous; appeal dismissed
State v. Tabb (20-131 - Unpublished)   Author: Judge John Tyson
Possession of cocaine and marijuana; unchallenged findings of fact; motion to suppress; 4th amendment seizure of driver and occupants.
Wilmington Sav. Fund Soc'y, FSB v. Hall (20-176 - Unpublished)   Author: Judge Valerie Zachary
summary judgment; negotiable instruments; ratification
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 52 PETITIONS AND 169 MOTIONS.


Filed: 2 February 2021
Mandate: 22 February 2021
Zip File of Published Opinions

Case Title / Description
In re: K.M.  (20-482 - Published)   Author: Judge John Arrowood
juvenile disposition order, N.C. Gen. Stat. § 7B-2502(c)
Shearin v. Brown  (20-389 - Published)   Author: Judge Lucy Inman
Equitable adoption
State v. Black  (19-1125 - Published)   Author: Judge Lucy Inman
Substantially similar offenses; Attorney's fees
State v. Grays  (19-1140 - Published)   Author: Judge Tobias Hampson
Mistrial; Manifest Necessity; Double Jeopardy
Unpublished Opinions
2 February 2021  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 22 February 2021 

Est. of Seymour v. Orange Cnty. Bd. of Educ. (19-334-2 - Unpublished)   Author: Judge Hunter Murphy
school board immunity; immunity waiver; insurance contract interpretation
Gasper v. Brady Trane Serv., Inc. (20-280 - Unpublished)   Author: Judge John Tyson
Rule of Civil Procedure 12(c); fraud; quantum meruit; quasi contract; express agreement; Rule of Civil Procedure 9(b); judgment on the pleadings.
In re A.S. (20-77 - Unpublished)   Author: Judge Richard Dietz
Permanency planning hearing; judge who presided over hearing must sign order; conceded error
In re J.J. (20-264 - Unpublished)   Author: Judge Richard Dietz
Juvenile proceeding; abuse and neglect; challenge to review order
State v. Avery (19-992 - Unpublished)   Author: Judge Richard Dietz
Post-conviction DNA testing; Anders review
State v. Chambers (20-196 - Unpublished)   Author: Judge Richard Dietz
Expert testimony; plain error; conceded error at sentencing
State v. Evans (19-1121 - Unpublished)   Author: Judge John Tyson
Habitual misdemeanor larceny; guilty plea; sentence in presumptive range; Anders brief.
State v. Koehn (20-33 - Unpublished)   Author: Judge John Arrowood
whether trial court erred by imposing two judgments for two separate convictions of the statute prohibiting persons from possessing a controlled substance on jail premises; defendant was convicted of two counts under this statute as she possessed two different controlled substances on jail premises (following arrest for DWI)
State v. Murrell (20-314 - Unpublished)   Author: Judge Allegra Collins
Failure to follow mandate of N.C. Gen. Stat. s. 15A-1242; waiver of counsel not knowing, intelligent, and voluntary; Sixth Amendment violation
State v. Swino (20-302 - Unpublished)   Author: Judge John Arrowood
Rule 901, Rule 803(17), Kelley Blue Book report, plain error