Court of Appeals Slip Opinions

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

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Unpublished Opinions
5 February 2025  - Rule 30e - Zip File of Unpublished Opinions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

Anderson v. WMCI Charlotte II, LLC (24-476 - Unpublished)   Author: Judge Tobias Hampson
Residential lease; statute of limitations; personal injury
Cameron v. Newman (23-1120 - Unpublished)   Author: Judge Michael Stading
Partition sale, Rule 59 motion; Rule 8 notice.
In re: A.R.B. (24-515 - Unpublished)   Author: Judge John Arrowood
3.1; termination of parental rights; willful abandonment; best interest determination.
In re: I.G.J. (24-655 - Unpublished)   Author: Judge Julee Flood
clear, cogent, and convincing evidence; findings of fact; binding; unchallenged; at least one ground; N.C.G.S. § 7B-1111(a)(1); neglect; neglected juvenile; prior adjudication; probability; likelihood; repetition; future neglect; case plan; sporadic; sustained
In re: J.L.W. (24-620 - Unpublished)   Author: Judge Jefferson Griffin
Termination of parental rights, disposition, weight of required NCGS 7B-1110 findings
In re: L.-A.S.N.-C. (24-622 - Unpublished)   Author: Judge Jefferson Griffin
No merit; termination of parental rights; neglected and dependent juvenile
In re: L.L.A. (24-560 - Unpublished)   Author: Judge Valerie Zachary
termination of parental rights; willful abandonment; incarceration; findings of fact; best interests; ineffective assistance of counsel
In re: Z.C.H., K.D.A. (24-554 - Unpublished)   Author: Judge Chris Dillon
termination of parental rights, repetition of neglect, case plan
Peter Millar, LLC v. Shaw's Menswear, Inc. (24-370 - Unpublished)   Author: Judge Valerie Zachary
waiver of venue; motion for summary judgment; attorneys' fees; interlocutory appeal
State v. Aguilar (24-457 - Unpublished)   Author: Judge John Tyson
Indecent Liberties; Sexual Offense with a Child; Motive for Cross Examination; Rule 404(b); Plain error;
State v. Clark (23-1156 - Unpublished)   Author: Per Curiam
search warrant, sufficient probable cause, affidavit discrepancies
State v. Davis (24-408 - Unpublished)   Author: Judge Valerie Zachary
motion to suppress; preservation; invited error; ineffective assistance of counsel
State v. Gause (24-576 - Unpublished)   Author: Judge Allegra Collins
Anders briefs; post-conviction DNA testing; no materiality; no justiciable issue; wholly frivolous appeal
State v. Metcalf (24-415 - Unpublished)   Author: Per Curiam
Consecutive Probationary terms; N.C. Gen. Stat. § 15A-1346 (2023); State conceded error; Remand
State v. Ward (24-574 - Unpublished)   Author: Per Curiam
Anders brief
State v. Webb (24-625 - Unpublished)   Author: Per Curiam
indecent liberties with a child, motion to dismiss, sufficient evidence, witness credibility.
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 38 PETITIONS AND 331 MOTIONS.


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

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

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