Court of Appeals Opinions

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Filed: 6 November 2018
Mandate: 26 November 2018
Zip File of Published Opinions

Case Title / Description
Appalachian Materials, LLC v. Watauga Cty.  (18-188 - Published)   Author: Judge Mark Davis
High impact land use ordinance; Statutory Construction; Plain meaning; Expressio unius est exclusio alterius canon of construction
Boone Ford, Inc. v. IME Scheduler, Inc.  (16-750-2 - Published)   Author: Judge Rick Elmore (View Supreme Court Opinion)
Civil procedure; waiver; failure to move for directed verdict waived right to move for judgment notwithstanding the verdict (JNOV); failure to move for new trial under Rule 59 waived right to challenge allegedly inconsistent jury findings; directed verdict proper on negligent misrepresentation claim barred under economic loss rule
Carlton v. Burke Cty. Bd. of Educ.  (18-62 - Published)   Author: Judge Robert Hunter Jr.
Negligent infliction of emotional distress.
Chavez v. Carmichael  (18-317 - Published)   Author: Judge John Tyson
writ of habeas corpus; subject matter jurisdiction, mootness-public interest; immigration and customs enforcement detainer requests; 287(g) Agreement, 8 USC sec. 1357; Supremacy Clause, US Const. art VI, cl. 2; Immigration and Naturalization Clause, US Const. art. I, sec. 8, cl. 4.
NationStar Mortg. LLC v. Curry  (18-351 - Published)   Author: Judge John Tyson
Estate sale of real property, commissioner's deed, prior recorded deed of trust, party to special proceeding, receipt of notice, lien, proceeds of judicial sale.
PHG Asheville, LLC v. City of Asheville  (18-251 - Published)   Author: Judge John Tyson
Conditional use permit; prima facie showing; competent substantial material evidence; de novo review of question of law; expert testimony; quasi-judicial standards.
QUB Studios, LLC v. Marsh  (18-205 - Published)   Author: Judge Ann Calabria
Motion to reconsider; Motion for relief; Amended complaint; Relate back; Collateral attack; Motion to dismiss; Judgment on the pleadings; Request for written findings
Rouse v. Forsyth Cty. DSS  (17-884 - Published)   Author: Judge Wanda Bryant
Administrative Procedure; Termination; Just Cause; Due Process; Findings of Fact; Conclusions of Law; Attorney's Fees; Back Pay
State v. Allen  (18-34 - Published)   Author: Judge Valerie Zachary
ineffective assistance of counsel; insufficiency of appellate record
State v. Bennett  (18-294 - Published)   Author: Judge Donna Stroud
MAR. Padilla
State v. Booker  (18-165 - Published)   Author: Judge Mark Davis
N.C. Gen. Stat. § 14-90; Embezzlement indictment; Motion to dismiss; Disjunctive jury instructions; Testimony concerning post-arrest silence; Plain error
State v. Buchanan  (16-697-2 - Published)   Author: Judge Chris Dillon
False Pretenses; Single Taking Rule; Jury Instructions; Double Jeopardy; Plain Error
State v. DeGraffenried  (18-37 - Published)   Author: Judge John Tyson
NCGS 15A-1230(a); trial by jury; improper closing arguments; trial court intervention ex mero motu; prejudice.
State v. Guy  (18-67 - Published)   Author: Judge Phil Berger Jr.
testimonial statements; motion to dismiss and substantial evidence; ex mero motu intervention; acting in concert jury instruction; double jeopardy
State v. Jackson  (18-417 - Published)   Author: Judge Phil Berger Jr.
motion to suppress; traffic stop; reasonable suspicion; probable cause; consent; inevitable discovery
State v. McNeil  (18-175 - Published)   Author: Judge Hunter Murphy
Criminal law, felony sentencing, possession of drug paraphernalia, prior record level
State v. Mitchell  (18-29 - Published)   Author: Judge Rick Elmore
Motion to suppress evidence obtained from search of home; co-tenant consent to entry; motion to suppress in-court and out-of-court identification evidence
State v. Nickens  (18-45 - Published)   Author: Judge Robert Hunter Jr.
Indictment; Motion to Dismiss; Trespass; Ineffective Assistance of Counsel.
Unpublished Opinions
6 November 2018  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 26 November 2018 

Boswell v. Boswell (18-462 - Unpublished)   Author: Judge John Tyson
Alimony, NCGS 15A-16.3; Equitable Distribution; Rule 41(b) involuntary dismissal; bad faith; imputed income; unchallenged findings of fact.
Cable v. Sink (18-271 - Unpublished)   Author: Judge Ann Calabria
Rule 59 Motion; Lack of jurisdiction
Core v. NC Div. of Parks & Recreation (17-1402 - Unpublished)   Author: Judge Linda McGee
Industrial Commission - insufficient findings of fact re: contributory negligence
Cousar v. Martin (18-268 - Unpublished)   Author: Judge Phil Berger Jr.
interlocutory appeal; discovery orders; substantial right
ECMD, Inc. v. Grubbs (18-377 - Unpublished)   Author: Judge Lucy Inman
Interlocutory Appeal; Preliminary Injunction; Substantial Right; Mootness
Everett v. Duke Energy Carolinas, LLC (18-159 - Unpublished)   Author: Judge Robert Hunter Jr.
Summary judgment; Motion to Amend; Wrongful Death; Contributory Negligence.
Fitness Solutions Grp., LLC v. JTG Equip. & Supply Co. (18-313 - Unpublished)   Author: Judge Richard Dietz
Challenge to recognition of foreign judgment; standing; personal jurisdiction; public policy; Full Faith and Credit Clause
Hudson v. Pasquotank Cty. (18-115 - Unpublished)   Author: Judge Lucy Inman
Motion to Dismiss; Governmental Immunity; Public Official Immunity
In re: E.W.P. (18-183 - Unpublished)   Author: Judge Ann Calabria
Recommitment order; Request for privileges
In re: A.P. (18-280 - Unpublished)   Author: Judge Wanda Bryant
Termination of Parental Rights; Neglected Juvenile
In re: D.C., Jr., J.C., D.C. (18-482 - Unpublished)   Author: Judge Wanda Bryant
Reunification Efforts; Disposition Order; Neglected Juvenile: Abused Juvenile
In re: K.K.L-H. (18-598 - Unpublished)   Author: Judge Lucy Inman
Reunification; No Visitation; Neglected Juvenile
In re: N.J.H. (18-381 - Unpublished)   Author: Judge Lucy Inman
Termination of parental rights
Jones v. Boyd (18-198 - Unpublished)   Author: Judge Lucy Inman
Allen Charge; Deadlocked Jury; Motion for Mistrial
Jones v. Wells Fargo Bank, NA (18-245 - Unpublished)   Author: Judge Ann Calabria
Appeal from Rule 60(b) motion.
McCammitt v. Chen (18-480 - Unpublished)   Author: Judge Robert Hunter Jr.
Trial De Novo; Interlocutory; Substantial Right; Arbitration.
Sampson Cty. v. Monroe (18-162 - Unpublished)   Author: Judge Chris Dillon
Past-due child support, arrears, unpaid arrears, vested, modification and reduction, credits
Shen v. McGowan (18-263 - Unpublished)   Author: Judge Linda McGee
N.C. Gen. Stat. Sec. 50B-3; Domestic Violence Protective Order; Renewal
State v. Averette (18-227 - Unpublished)   Author: Judge Rick Elmore
DWI; motion to suppress bold test results; whether administration of blood test complied with N.C. Gen. Stat. 20-16.2 and N.C. Gen. Stat. 20-139.1
State v. Baker (18-70 - Unpublished)   Author: Judge Ann Calabria
Plain error; Prior consistent statements; Prior inconsistent statements.
State v. Bradley (17-1391 - Unpublished)   Author: Judge Valerie Zachary
second-degree murder; character evidence; defendant's burden to show prejudice
State v. Coles (18-357 - Unpublished)   Author: Judge Ann Calabria
Erroneous jury instructions.
State v. Garrison (18-156 - Unpublished)   Author: Judge Phil Berger Jr.
plain error; jury instruction; relevance of physical evidence; ineffective assistance of counsel
State v. Gill (18-191 - Unpublished)   Author: Judge Richard Dietz
Reopening jury examination after jury impaneled; court required to allow defendant to exercise unused peremptory challenge
State v. Hazel (18-266 - Unpublished)   Author: Judge John Tyson
Fourth Amendment, voluntary encounter with police; consent to search; motion to suppress.
State v. Hudson (18-143 - Unpublished)   Author: Judge Chris Dillon
Pre-trial identification, In-court identification, impermissibly suggestive, state action, personal experience
State v. Kewish (18-214 - Unpublished)   Author: Judge Chris Dillon
First Degree Sex Offense; First Degree Sex Offense with a Child; Sex Offender Registration; Satellite-Based Monitoring; Grady hearing; N.C. Gen. Stat. § 15A-1222
State v. Mash (18-68 - Unpublished)   Author: Judge Richard Dietz
Probation revocation; absconding
State v. Matlock (18-101 - Unpublished)   Author: Judge Robert Hunter Jr.
Prior Record Level; Stipulation; Notice.
State v. McKoy (18-152 - Unpublished)   Author: Judge Ann Calabria
Fatal variance; Motion to dismiss for insufficient evidence.
State v. Millhouse (17-1142 - Unpublished)   Author: Judge Chris Dillon
Armed Robbery; Assault; Post-Conviction DNA Testing; Motion to Locate and Preserve Evidence
State v. Ocegueda (18-414 - Unpublished)   Author: Judge John Tyson
Writ of certorari; investigation leading to conviction; controlled buy of narcotics, NCGS 90-95.3(a); restitution, NCGS 7A-304(a)(7).
State v. Pilkington (18-38 - Unpublished)   Author: Judge Ann Calabria
Motion to dismiss; Sufficiency of the evidence
State v. Rawlinson (18-325 - Unpublished)   Author: Judge Rick Elmore
Amount of restitution not supported by evidence adduced at trial or sentencing; appeal following no-contest plea to misdemeanor larceny
State v. Satterwhite (18-249 - Unpublished)   Author: Judge Robert Hunter Jr.
Prior Record Level Point.
State v. Sisk (18-211 - Unpublished)   Author: Judge Rick Elmore
Failure to instruct jury on defense of accident; pain error review
State v. Smith (18-529 - Unpublished)   Author: Judge John Arrowood
plea discussions; motion to dismiss
State v. Whitmire (18-308 - Unpublished)   Author: Judge John Arrowood
Rule 404(b) evidence; opinion on the evidence; sufficiency of indictment; identity theft instruction
State v. Williams (16-684-2 - Unpublished)   Author: Judge Rick Elmore
Jury instructions limiting Rule 404(b) evidence; no plain error
Stonewall Constr. Servs., LLC v. Frosty Parrott Burlington (18-171 - Unpublished)   Author: Judge Richard Dietz
Limited liability companies; summary judgment on claim to pierce the corporate veil; instrumentality rule
Styles v. Styles (18-257 - Unpublished)   Author: Judge Donna Stroud
child support, calculating income, imputing income, gifts
The Grande Villas at the Pres. Condo. Homeowners Ass'n, Inc. v. Indian Beach Acquisition LLC (18-218 - Unpublished)   Author: Judge Richard Dietz
Interlocutory appeal; partial summary judgment; statute of limitations defense
Woodlief v. Canal Wood LLC (18-447 - Unpublished)   Author: Judge John Arrowood
change of venue
Young v. Young (18-335 - Unpublished)   Author: Judge Donna Stroud
unequal distribution, marital debt

Filed: 16 October 2018
Mandate: 5 November 2018
Zip File of Published Opinions

Case Title / Description
Brennan Station 1671, LP v. Borovsky  (18-184 - Published)   Author: Judge John Tyson
Constructive eviction; covenant of quiet enjoyment; lost profits damages; JNOV; required notice; failure to repair.
Cty. of Durham v. Burnette  (17-557 - Published)   Author: Judge Donna Stroud
civil contempt, present ability to pay; purge payments
Everett's Lake Corp. v. Dye  (18-360 - Published)   Author: Judge Chris Dillon
Real Property; Riparian Rights; Easements; Chain of Title
Hamlet H.M.A., LLC v. Hernandez  (17-744 - Published)   Author: Judge Donna Stroud
compromise verdict; damages; employment contract; learned profession exception
In re: D.A., A.A., L.A., L.A.  (18-290 - Published)   Author: Judge Hunter Murphy
Termination of Parental Rights; no merit brief; N.C. Rules of Appellate Procedure
State v. Bennett  (17-1027 - Published)   Author: Judge Donna Stroud
jury selection, Batson motion, peremptory challenges; jury instruction
State v. Hairston  (17-1357 - Published)   Author: Judge Lucy Inman
Preservation of Error; Appellate Rule 10; Timely Objection
State v. Hill  (18-107 - Published)   Author: Judge Chris Dillon
Sex Offenses; Statutory Rape; Second Degree Kidnapping; Indictment; Jury Instruction; Sentencing
State v. Knight  (18-10 - Published)   Author: Judge Phil Berger Jr.
no error; motion to sever; trial court did not abuse its discretion by denying defendant's motion for severance or dismissing a juror; trial court committed harmless error by omitting requested jury instruction; defendant received a fair trial, free from prejudicial error
State v. Perry  (17-1330 - Published)   Author: Judge Rick Elmore
Motion to recuse or disqualify district attorney's office from prosecuting criminal charges; conflict of interest
State v. Yates  (18-158 - Published)   Author: Judge John Arrowood
appellate review; transcript
Town of Apex v. Rubin  (17-955 - Published)   Author: Judge Wanda Bryant
Rule 59 Motion; Condemnation Hearing; Toll; Section 108; Hearing
Mastanduno v. Nat'l Freight Indus.  (17-1058 - Published)   Author: Judge Hunter Murphy
Industrial Commission; workers compensation; privacy
Unpublished Opinions
16 October 2018  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 5 November 2018 

Baker v. The NC Psychology Bd. (18-264 - Unpublished)   Author: Judge Mark Davis
N.C. Gen. Stat. § 90-270.1; Psychology Practice Act; arbitrary and capricious; administrative sanctions
Brown v. NC Dep't of Pub. Safety (17-1220 - Unpublished)   Author: Judge Wanda Bryant
Tort Claims Act; Negligence; Proximate Cause
Frady v. Frady (18-141 - Unpublished)   Author: Judge Rick Elmore
Equitable distribution; miscalculation of distributive award based on mathematical error; issue abandonment; failure to file cross-appeal
In re: M.L. (18-5 - Unpublished)   Author: Judge Mark Davis
Involuntary commitment; N.C. Gen. Stat. § 122C-261; N.C. Gen. Stat. § 122C-3(11); due process
In re: Z.B., A.B., V.T., I.B.L. (18-105 - Unpublished)   Author: Judge Hunter Murphy
Adjudication of Neglect
King Harbor Homeowners Ass'n, Inc. v. Goldman (17-1301 - Unpublished)   Author: Judge Phil Berger Jr.
failure to comply with mandate order; motion for attorney's fees; punitive damages; N.C. Gen. Stat. § 1D-45
State v. Allen (18-195 - Unpublished)   Author: Judge John Tyson
Obtaining property by false pretenses; fatal variance in indictment; variance must be material; attorney's fees; civil judgment.
State v. Barker (18-178 - Unpublished)   Author: Judge Lucy Inman
First-degree murder; Indictment; Sufficiency
State v. Choppy (18-167 - Unpublished)   Author: Judge Linda McGee
Post-conviction DNA Testing; N.C.G.S. Sec. 158-269; Anders Review
State v. Geddie (18-332 - Unpublished)   Author: Judge John Arrowood
State v. Robinson (17-1190 - Unpublished)   Author: Judge Hunter Murphy
Constructive Possession; Possession of a Firearm by a Felon; Motion to Dismiss
State v. Robinson (18-74 - Unpublished)   Author: Judge Mark Davis
First-degree burglary jury instructions; Double jeopardy; Hearsay; Plain error
State v. Turner (17-1400 - Unpublished)   Author: Judge Linda McGee
State v. Webber (17-1015 - Unpublished)   Author: Judge Hunter Murphy
Cruelty to Animals; Malice; Restitution
State v. Williams (17-620 - Unpublished)   Author: Judge Phil Berger Jr.
defendant's indictment for attempted first degree murder was insufficient to confer jurisdiction because it failed to allege the essential element of malice aforethought; vacate defendant's conviction for first degree murder for lack of jurisdiction; trial court did not err in denying defendant's motion to dismiss charge of robbery with a dangerous weapon because State introduced sufficient evidence to support the inference that defendant intended to permanently deprive property

Filed: 2 October 2018
Mandate: 22 October 2018
Zip File of Published Opinions

Case Title / Description
Chavez v. Wadlington  (18-93 - Published)   Author: Judge Ann Calabria
Custody; Standing as an other person pursuant to N.C. Gen. Stat. 50-13.1; Subject matter jurisdiction
Crews v. Paysour  (18-72 - Published)   Author: Judge Donna Stroud
child support
Fairfield v. WakeMed  (18-295 - Published)   Author: Judge Mark Davis
Rule 9(j) certification; Medical malpractice; Expert witness
Grissom v. Cohen  (18-66 - Published)   Author: Judge Donna Stroud
civil contempt; custody; visitation; best interest
Hill v. Hill  (17-576 - Published)   Author: Judge Donna Stroud
alimony, child support, attorney fees, imputing income
In re: Frucella  (18-212 - Published)   Author: Judge Valerie Zachary
non-judicial foreclosure; power of sale; holder of note; enforcement of lost instrument
In re: I.P. & Q.P., Jr.  (18-366 - Published)   Author: Judge Robert Hunter Jr.
Termination of Parental Rights.
In re: L.E.M.  (18-380 - Published)   Author: Judge Robert Hunter Jr.
Termination of Parental Rights.
Lippard v. Diamond Hill Baptist Church  (18-302 - Published)   Author: Judge John Tyson
Subject matter jurisdiction; core ecclesiastical matters; church membership; due process; motion to dismiss.
State v. Bice  (17-1188 - Published)   Author: Judge Phil Berger Jr.
no error in the trial court's admission of hearsay; no fatal variance between indictment for trafficking opium by possession and the State's evidence; no error in the trial court's failure to instruct the jury on the statutory ultimate user exemption; and ineffective assistance of counsel
State v. Dixon  (17-1333 - Published)   Author: Judge Lucy Inman
Motion to Suppress; Findings of Fact and Conclusions of Law; Rule 404 Evidence
State v. Grandy  (18-79 - Published)   Author: Judge Donna Stroud
embezzlement; entrustment; possession; control
State v. Isaacs  (17-1397 - Published)   Author: Judge John Tyson
Set aside bond forfeiture; statutory factors; burden on surety; judicial notice; motion to amend; abuse of discretion.
State v. McQueen  (17-1415 - Published)   Author: Judge Rick Elmore
Ineffective assistance of counsel; failure to correct inaccuracies in witness testimony and prosecutor's closing argument; N.C. Gen. Stat. 15A-1052(c) and 15A-1054; failure to preserve constitutional issue for appellate review.
State v. Osborne  (18-9 - Published)   Author: Judge Richard Dietz
Possession of heroin; motion to dismiss for insufficient evidence; requirement of scientifically valid chemical analysis to identify controlled substance; exception where defendant makes statement identifying controlled substance
State v. Tilghman  (17-1308 - Published)   Author: Judge Robert Hunter Jr.
Post-Conviction DNA Testing.
State v. Vann  (17-1158 - Published)   Author: Judge John Tyson
Assault with a deadly weapon with intent to kill inflicting serious injury; reliability of eye witness identification; jailhouse telephone conversation; Rule of Completeness; Confrontation Clause; failure to preserve.
State v. Wardrett  (17-1418 - Published)   Author: Judge Lucy Inman
Narrative; Improper closing argument
Town of Pinebluff v. Moore Cty.  (17-286 - Published)   Author: Judge Hunter Murphy
Extraterritorial jurisdiction
Watlington v. Dep't of Soc. Servs. Rockingham Cty.  (17-1176 - Published)   Author: Judge Lucy Inman
Just cause; Whole Record Test; Unacceptable Personal Conduct
Unpublished Opinions
2 October 2018  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 22 October 2018 

Biggs v. Brooks (18-192 - Unpublished)   Author: Judge Rick Elmore
Interlocutory appeal; substantial right; possibility of inconsistent jury verdicts; insufficient showing
Block v. Block (18-200 - Unpublished)   Author: Judge Robert Hunter Jr.
Subject Matter Jurisdiction.
Drakeford v. Baez (18-181 - Unpublished)   Author: Judge John Tyson
Child custody; modification; abuse of discretion; substantial change in circumstances; educational opportunities.
Gaines v. Gaines (17-1114 - Unpublished)   Author: Judge Lucy Inman
Alimony; Suppression of Income
Guidotti v. Moore (18-221 - Unpublished)   Author: Judge John Arrowood
motion to set aside default judgment; motion to dismiss
In re: L.L. (18-168 - Unpublished)   Author: Judge Linda McGee
Neglect; Custody; Sufficiency of Findings of Fact; Recitation of DSS report
In re: C.S. (18-450 - Unpublished)   Author: Judge John Arrowood
adjudication of neglect
In re: E.G.B. & B.R.B. (18-329 - Unpublished)   Author: Judge John Arrowood
3.1, cessation of visitation
In re: N.J.Y., Jr., A.Y., C.L. (18-362 - Unpublished)   Author: Judge Linda McGee
Termination of parental rights - neglect
In re: R.S.B. (18-231 - Unpublished)   Author: Judge Robert Hunter Jr.
Ceasing Reunification Efforts.
Pawn & Gifts, Inc. v. Bradley (18-201 - Unpublished)   Author: Judge Chris Dillon
Case description: Contracts; Breach; Accord; Satisfaction
Smith v. Smith (18-59 - Unpublished)   Author: Judge Robert Hunter Jr.
Equitable Distribution; Abuse of Discretion Distributional Factors.
State v. Barnard (18-208 - Unpublished)   Author: Judge Richard Dietz
Breaking or entering a motor vehicle; motion to dismiss for insufficient evidence; intent to commit larceny inside vehicle
State v. Briggs (18-22 - Unpublished)   Author: Judge Richard Dietz
Obtaining property by false pretense; preservation of evidentiary challenge; failure to make timely objection; failure to allege plain error
State v. Brooks (18-64 - Unpublished)   Author: Judge John Tyson
Second degree murder; Crawford v. Washington; Confrontation Clause; Testimonial statements; Harmless beyond a reasonable doubt.
State v. Brown (18-356 - Unpublished)   Author: Judge Richard Dietz
Felony breaking or entering; Anders review; motion to dismiss for insufficient evidence
State v. Combs (18-69 - Unpublished)   Author: Judge John Arrowood
jurisdiction; sufficiency of indictment; waiver of counsel
State v. Crowder (18-185 - Unpublished)   Author: Judge Richard Dietz
Probation revocation; absconding; defendant's admission of probation violation
State v. Davis (17-1340 - Unpublished)   Author: Judge Richard Dietz
Attempted common law robbery; motion to dismiss; element of violence or fear; striking juror for cause; sufficiency of indictment where error in alleged perpetrator's name
State v. Dreher (18-116 - Unpublished)   Author: Judge Valerie Zachary
unauthorized use of a motor vehicle; restitution
State v. Guerrette (18-24 - Unpublished)   Author: Judge Linda McGee
Sex Offender Registration; N.C. Gen. Stat. Sec. 14-202(l); Peeping; Danger to the Community
State v. Helms (18-12 - Unpublished)   Author: Judge John Arrowood
State v. Jordan (17-1315 - Unpublished)   Author: Judge Richard Dietz
Probation revocation; absconding
State v. Killette (18-26 - Unpublished)   Author: Judge John Tyson
Manufacturing methamphetamine; probation offer's search; motion to suppress; preserving right to appeal prior to guilty plea.
State v. LaClaire (17-1122 - Unpublished)   Author: Judge Hunter Murphy
Probation revocation hearing; Confrontation; Clerical error.
State v. Lemm (18-135 - Unpublished)   Author: Judge Chris Dillon
Assault; Deadly Weapon; Felony Hit and Run
State v. Owenby (18-151 - Unpublished)   Author: Judge Valerie Zachary
arson; appellate jurisdiction; writ of certiorari; factual basis for guilty plea
State v. Parker (17-1226 - Unpublished)   Author: Judge Richard Dietz
Sex offender willful failure to register new address; trial court's response to jury's request for further instruction on definition of address; discretionary decisions not subject to plain error review; jury instruction on further deliberations and deadlock
State v. Pole (17-1393 - Unpublished)   Author: Judge Valerie Zachary
sexual offenses with a minor; motion to suppress; validity of search warrant; lay opinion testimony; use of victim to describe witness; ineffective assistance of counsel
State v. Rousseau (18-89 - Unpublished)   Author: Judge Linda McGee
Motion to Suppress
State v. Sanders (17-1399 - Unpublished)   Author: Judge Richard Dietz
Anders review; guilty pleas; consolidated sentence
State v. Spicer (18-80 - Unpublished)   Author: Judge Rick Elmore
Probation violation
State v. Terry (18-259 - Unpublished)   Author: Judge Richard Dietz
Obtaining property by false pretenses; preservation of evidentiary challenge; horse swapping on appeal; motion to dismiss; sufficiency of evidence identifying defendant as perpetrator of offense

Filed: 18 September 2018
Mandate: 8 October 2018
Zip File of Published Opinions

Case Title / Description
Barrett v. Coston  (18-16 - Published)   Author: Judge Chris Dillon
Statute of frauds, deed, will parol evidence, Equitable remedy, Contract
Burton Constr. Cleanup & Landscaping, Inc. v. Outlawed Diesel Performance, LLC  (17-1424 - Published)   Author: Judge Phil Berger Jr.
motion for summary judgement; motion for summary judgment denied for failure to include a copy of the order denying summary judgment in the record on appeal
Cabarrus Cty. Bd. of Educ. v. Dep't of State Treasurer  (17-1017 - Published)   Author: Judge Linda McGee
Administrative Procedures Act; Rule Making; Exemption; N.C.G.S. Sec. 135-5(a3); Teachers' and State Employees' Retirement System; State Agency Adoption of Rules and Regulations
Glover v. The Charlotte-Mecklenburg Hosp. Auth.  (17-1398 - Published)   Author: Judge Robert Hunter Jr.
Statute of Limitations; Medical Malpractice.
Haarhuis v. Cheek  (17-1179 - Published)   Author: Judge Valerie Zachary
Post-Judgment Receivership, Unliquidated Legal Claims, Insurer's Bad Faith, Insolvent Judgment-Debtor, Equity
In re: J.B.  (17-1373 - Published)   Author: Judge Wanda Bryant
Self-incrimination; Juvenile; Adjudication; Reversible Error
Nationstar Mortg., LLC v. Dean  (18-132 - Published)   Author: Judge John Tyson
Summary judgment de novo review; reformation of deed of trust, missing legal description; ten year statute of limitations NCGS 1-47(2); note holder's standing to enforce deed of trust; unclean hands; statute of frauds, NCGS 22-5.
Quevedo-Woolf v. Overholser  (17-675 - Published)   Author: Judge Linda McGee
Child custody; UCCJEA; Jurisdiction; Grandparent; Choice of Law; Full Faith and Credit; Modification; N.C.G.S. Sec. 50A-203; Jurisdiction After appeal; Rule 59 Motion for New Trial
Quevedo-Woolf v. Overholser  (17-1344 - Published)   Author: Judge Linda McGee
Child Custody; UCCJEA; Jurisdiction; Grandparent; Choice of Law; Full Faith and Credit; Modification; N.C.G.S. Sec. 50A-203; Jurisdiction After Appeal; Rule 59 Motion for New Trial
Smith v. NC Dep't of Pub. Instruction  (17-1361 - Published)   Author: Judge Mark Davis
North Carolina Human Resources Act; N.C. Gen. Stat. § 126-35(a); Just cause to dismiss career State employee; Specificity of allegations in employee dismissal letter
Sneed v. Sneed  (17-1169 - Published)   Author: Judge Rick Elmore
Child custody; denial of motion to exclude expert testimony and report of consented to and court-appointed forensic custody evaluator; temporary suspension of parent's visitation rights pursuant to N.C. Gen. Stat. 50-13.5(I)
State v. Edwards  (18-337 - Published)   Author: Judge John Arrowood
cross examination; Rule 106; Rule 611; motion for appropriate relief; aggravating factors
State v. Enoch  (17-1248 - Published)   Author: Judge Robert Hunter Jr.
First Degree Murder; Life Imprisonment Without Parole.
State v. Gray  (17-1162 - Published)   Author: Judge Phil Berger Jr.
motion to dismiss; substantial evidence; sufficiency of evidence; sufficiency of the evidence based on circumstantial evidence; felony murder
State v. White  (17-1355 - Published)   Author: Judge Valerie Zachary
First Degree Rape, Motion to Dismiss, Satellite-Based Monitoring
State v. Williams  (16-178 - Published)   Author: Judge Lucy Inman
life in prison without parole for juvenile offenders; State v. James
The Town of Carrboro v. Slack  (17-864 - Published)   Author: Judge Richard Dietz
Summary Judgment; Express and Implied Easement Claims; Right of Way; Prescriptive Easement; Injunctive Relief
Unpublished Opinions
18 September 2018  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 8 October 2018 

Apperson v. Intracoastal Realty Corp. (18-147 - Unpublished)   Author: Judge Ann Calabria
Summary judgment; Professional malpractice; Justifiable reliance
Blumenschein v. Blumenschein (17-1299 - Unpublished)   Author: Judge Richard Dietz
Child Custody; N.C. Gen. Stat. 50A-207; Declining Jurisdiction as Inconvenient Forum
Cabarrus Cty. Bd. of Educ. v. Bd. of Tr.ees Teachers' & State Emps.' Ret. Sys. (17-1019 - Unpublished)   Author: Judge Linda McGee
Administrative Procedures Act; Rule Making; Exemption; N.C.G.S. Sec. 135-5(a3); Teachers' and State Employees' Retirement System; State Agency Adoption of Rules and Regulations
In re: De Luca (17-1339 - Unpublished)   Author: Judge Robert Hunter Jr.
Public Utility
In re: SDS Invs., LLC (18-133 - Unpublished)   Author: Judge Wanda Bryant
Foreclosure; Deed of Trust; Holders of Debt
In re: V.P.M.A. (17-1386 - Unpublished)   Author: Judge Rick Elmore
Permanency planning order; guardianship; reunification following revocation of voluntary relinquishment.
Johnston Cty. Bd. of Educ. v. Bd. of Tr.ees Teachers' & State Emps.' Ret. Sys. (17-1024 - Unpublished)   Author: Judge Linda McGee
Administrative Procedures Act; Rule Making; Exemption; N.C.G.S. Sec. 135-5(a3); Teachers' and State Employees' Retirement System; State Agency Adoption of Rules and Regulations1
Johnston Cty. Bd. of Educ. v. Dep't of State Treasurer Ret. Sys. Div. (17-1021 - Unpublished)   Author: Judge Linda McGee
Administrative Procedures Act; Rule Making; Exemption; N.C.G.S. Sec. 135-5(a3); Teachers' and State Employees' Retirement System; State Agency Adoption of Rules and Regulations
LeTendre v. Currituck Cty. (18-163 - Unpublished)   Author: Judge Donna Stroud
motion to intervene
Malone v. Hutchison-Malone (18-220 - Unpublished)   Author: Judge Donna Stroud
interlocutory order
Mitman v. Shipley (18-173 - Unpublished)   Author: Judge John Arrowood
domestic violence protection order; attorney's fees
Smith v. NC Bd. of Funeral Serv. (17-996 - Unpublished)   Author: Judge Rick Elmore
Administrative law; superior court petition for judicial review of final agency decision; impermissible collateral attack on prior agency decision; nonjurisdictional appellate rules violations; Rule 34(b) sanctions.
State v. Barnes (18-134 - Unpublished)   Author: Judge Lucy Inman
Jury instruction; disjunctive; motion to dismiss; effective assistance of counsel
State v. Brown (18-52 - Unpublished)   Author: Judge Chris Dillon
Anders v. California, probation revocation, post-conviction proceedings
State v. Bryant (17-1201 - Unpublished)   Author: Judge Donna Stroud
probation revocation
State v. Cataldo (17-1296 - Unpublished)   Author: Judge Ann Calabria
motion for appropriate relief; motion for post-conviction discovery; material and favorable DSS records; in camera review
State v. Eriksen (18-119 - Unpublished)   Author: Judge Donna Stroud
motion to suppress
State v. Fowler (17-723 - Unpublished)   Author: Judge Phil Berger Jr.
motion for appropriate relief; MAR; narrowed scope of appellate review; trial court granted relief requested by Defendant
State v. Gainey (17-1422 - Unpublished)   Author: Judge Chris Dillon
Aggravating Factor, ?very old?, substantial evidence
State v. Hill (18-15 - Unpublished)   Author: Judge Mark Davis
Drug trafficking; motion to suppress; warrantless search of probationer; ineffective assistance of counsel
State v. Hollifield (18-63 - Unpublished)   Author: Judge Rick Elmore
Disclosure of co-prior conviction; jury instruction on acting-in-concert theory of guilt; second degree murder based on depraved-heart malice; sentencing.
State v. Inman (17-1408 - Unpublished)   Author: Judge Wanda Bryant
Joinder of Offenses for Trial
State v. Jilani (18-123 - Unpublished)   Author: Judge Robert Hunter Jr.
Constrictive Possession; Speedy Trial.
State v. Kelly (18-194 - Unpublished)   Author: Judge John Arrowood
motion to dismiss; joinder; jury instructions
State v. Lunsford (17-1187 - Unpublished)   Author: Judge Chris Dillon
Satellite-based monitoring, efficacy, state?s burden of proof
State v. Mazur (17-736 - Unpublished)   Author: Judge Lucy Inman
sufficiency of the evidence; first amendment; felony stalking
State v. McGill (18-33 - Unpublished)   Author: Judge John Arrowood
possession of a firearm by a felon; motion to dismiss
State v. McKoy (17-1025 - Unpublished)   Author: Judge Lucy Inman
State v. Miller (17-1130 - Unpublished)   Author: Judge Wanda Bryant
Motion to Dismiss; Impeachment; Jury Instruction; Voluntary Intoxication; Admissibility of Evidence
State v. Ogles (18-210 - Unpublished)   Author: Judge Mark Davis
Breaking or entering; prior mug shots; closing argument
State v. Rinehart (18-92 - Unpublished)   Author: Judge Donna Stroud
State v. Smith (17-1401 - Unpublished)   Author: Judge Linda McGee
Fourth Amendment; Reasonableness; Searches; Satellite-based Monitoring
State v. Spivey (17-1312 - Unpublished)   Author: Judge Donna Stroud
Rule 2
State v. Thabet (17-1417 - Unpublished)   Author: Judge Valerie Zachary
Driving While Impaired, Motion to Suppress, Pre-Arrest Chemical Analysis, Invocation of Statutory Right
State v. Traub (18-31 - Unpublished)   Author: Judge Lucy Inman
same conduct; greater punishment; benefit of the objection; lost
State v. Vickers (18-35 - Unpublished)   Author: Judge Chris Dillon
Post-conviction DNA testing, Materiality, Moot
State v. White (18-136 - Unpublished)   Author: Judge Ann Calabria
Motion to suppress; Voluntary statement; Plain error; Prejudice; Motion to dismiss
State v. Whitehead (17-1320 - Unpublished)   Author: Judge Richard Dietz
First-Degree Murder; Robbery; Admission of Rule 404(b) Evidence of Another Robbery and Murder Defendant Involved In; Prejudicial Error Standard
Union Cty. Bd. of Educ. v. Bd. of Tr.ees, Teachers' & State Emps.' Ret. Sys. (17-1023 - Unpublished)   Author: Judge Linda McGee
Administrative Procedures Act; Rule Making; Exemption; N.C.G.S. Sec. 135-5(a3); Teachers' and State Employees' Retirement System; State Agency Adoption of Rules and Regulations
Union Cty. Bd. of Educ. v. Dep't of State Treasurer Ret. Sys. Div. (17-1022 - Unpublished)   Author: Judge Linda McGee
Administrative Procedures Act; Rule Making; Exemption; N.C.G.S. Sec. 135-5(a3); Teachers' and State Employees' Retirement System; State Agency Adoption of Rules and Regulations
Wilkes Cty. Bd. of Educ. v. Bd. of Tr.ees Teachers' & State Emps.' Ret. Sys. (17-1018 - Unpublished)   Author: Judge Linda McGee
Administrative Procedures Act; Rule Making; Exemption; N.C.G.S. Sec. 135-5(a3); Teachers' and State Employees' Retirement System; State Agency Adoption of Rules and Regulations
Wilkes Cty. Bd. of Educ. v. Dep't of State Treasurer Ret. Sys. Div. (17-1020 - Unpublished)   Author: Judge Linda McGee
Administrative Procedures Act; Rule Making; Exemption; N.C.G.S. Sec. 135-5(a3); Teachers' and State Employees' Retirement System; State Agency Adoption of Rules and Regulations

Filed: 4 September 2018
Mandate: 24 September 2018
Zip File of Published Opinions

Case Title / Description
De Luca v. Stein  (17-1374 - Published)   Author: Judge John Tyson
NC Const. Article IX, Section 7; Civil Penalty and Forfeiture Fund; summary judgment- de novo review; standing; settlement agreement by Attorney General; method of calculating penalties.
Fagundes v. Ammons Dev. Grp., Inc.  (17-1427 - Published)   Author: Judge Linda McGee
Rule 12(b)(6) motion to dismiss - strict liability ultrahazardous activity claim
Henson v. Henson  (18-110 - Published)   Author: Judge Valerie Zachary
Equitable Distribution
In re: J.M.K.  (18-451 - Published)   Author: Judge Valerie Zachary
Termination of Parental Rights
Khatib v. NC Dep't of Transp.  (17-1430 - Published)   Author: Judge Rick Elmore
Industrial Commission; Tort Claims Act; contributory negligence
NNN Durham Off. Portfolio 1, LLC v. Grubb & Ellis Co.  (17-607 - Published)   Author: Judge Chris Dillon
Summary judgment, appellate jurisdiction, commercial property, foreclosure, investment, securities, settlement agreements
NNN Durham Off. Portfolio 1, LLC v. Highwoods Realty Ltd. P'ship  (17-756 - Published)   Author: Judge John Tyson
Transfer by deed; TIC like-kind exchange; NC Securities Act (NCGS 78A-1, et seq.): primary liability, secondary liability, material aid, justifiable reliance; summary judgment, common law fraud and misrepresentation.
Seguro-Suarez v. Key Risk Ins. Co.  (17-697 - Published)   Author: Judge Lucy Inman
Motion to Dismiss; Subject-Matter Jurisdiction; Workers' Compensation Act; Malicious Prosecution; Privity; Unfair and Deceptive Trade Practices
State v. Ayers  (17-725 - Published)   Author: Judge John Tyson
Self defense, NCGS 14-51.3; duty to retreat, deadly force, required jury instruction; light most favorable to defendant.
State v. Crooms  (17-640 - Published)   Author: Judge Phil Berger Jr.
bond forfeiture; petition for remission; electronic-monitoring device; N.C. Gen. Stat. § 15A-544.8; extraordinary circumstances; plain language of statute; reversed
State v. Degraphenreed  (17-1377 - Published)   Author: Judge John Tyson
Motion to suppress, warrantless vehicle search-narcotics, probable cause-totality of the circumstances, confidential informant, open air dog sniff-failure to preserve.
State v. Gordon  (17-1077 - Published)   Author: Judge Valerie Zachary
Satellite-Based Monitoring, Sex Offender, Fourth Amendment,
State v. Mathis  (17-1302 - Published)   Author: Judge Robert Hunter Jr.
Unlawfully accessing a government computer; obtaining property by false pretenses;selective prosecution.
Thompson v. Bass  (17-1194 - Published)   Author: Judge Rick Elmore
Summary judgment on claims for breach of contract, breach, rescission, unfair and deceptive trade practices, civil conspiracy, and punitive damages arising out of sale of internet sweepstakes business; N.C. Gen. Stat. 14-306.4
Weaver v. NC Dep't of Health & Hum. Servs.  (17-828 - Published)   Author: Judge Donna Stroud
Final decision, Administrative Law Judge; Hearsay, Business Records Exception
Unpublished Opinions
4 September 2018  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 24 September 2018 

Chapman v. Pimentel (18-121 - Unpublished)   Author: Judge John Arrowood
child custody; child support
In re: A.C-M. & F.C-M. (18-154 - Unpublished)   Author: Judge Valerie Zachary
Termination of Parental Rights
In re: D.K. (17-1338 - Unpublished)   Author: Judge Valerie Zachary
Adjudication, Jurisdiction, Writ of Certiorari, Motion to Dismiss
In re: J.D.S. & J.K.S. (18-153 - Unpublished)   Author: Judge Mark Davis
Termination of parental rights; Neglect; No-merit brief
In re: L.J. & L.J. (17-1431 - Unpublished)   Author: Judge Rick Elmore
Termination of parental rights; N.C. Gen. Stat. 7B-1111(a)(1)-3; findings of fact insufficient for meaningful appellate review; mere recitations of evidence do not constitute findings of fact
In re: A.S., N.S., M.S., N.S., E.S., B.S., Jr., N.T. (18-120 - Unpublished)   Author: Per Curiam
No-merit brief; Review under Rule 3.1(d); Abandonment of issues under Rule 28(b)(6)
In re: C-R.D.G. (18-148 - Unpublished)   Author: Judge Linda McGee
Termination of parental rights; Alternative Caregiver; Rule 10, Relevant findings
In re: C.D. (18-288 - Unpublished)   Author: Judge Robert Hunter Jr.
Termination of Parental Rights.
In re: D.D. & J.B. (18-438 - Unpublished)   Author: Judge John Arrowood
TPR; best interests determination; standard of review
In re: F.A.M. (18-284 - Unpublished)   Author: Judge Mark Davis
Neglected juvenile; termination of parental rights; abandonment; incarcerated parent; willfulness
In re: J.E. (17-1345 - Unpublished)   Author: Judge John Tyson
Responsible individual list, NCGS 7B-320; business records exception, Rule 803(6); waiver of argument on appeal.
In re: M.J.J.M. (18-289 - Unpublished)   Author: Judge John Arrowood
TPR; neglect; probability of repetition of neglect
In re: Quattlebaum (17-591 - Unpublished)   Author: Judge Phil Berger Jr.
Will contest; dismissed matter for discovery sanctions; Rule 59 motion for a new trial; dismissed as untimely; tolling notice of appeal; no verbatim transcript
In re: T.E.G. (18-336 - Unpublished)   Author: Judge Linda McGee
Termination of parental rights; Right to counsel
In re: T.L.S., M.J.H., C.D.S, C.A.S. (18-278 - Unpublished)   Author: Judge Rick Elmore
Abuse, neglect, and dependency; insufficient findings to support juvenile neglect adjudications
N. v. McRae (17-698 - Unpublished)   Author: Judge Donna Stroud
summary judgment; interlocutory order; negligence; jurisdiction
Slade v. Petty (17-1276 - Unpublished)   Author: Judge Hunter Murphy
Property, Adverse Possession, Open and Notorious, Hostile
State v. Chisholm (18-23 - Unpublished)   Author: Judge John Tyson
Rule of Evidence 403; Standard of review- abuse of discretion; body-camera footage; defendant's use of racially derogatory terms; malicious conduct by a prisoner, NCGS 14-258.4; assault on an officer, NCGS 14-33(c)(4); resisting arrest, NCGS 14-223; spitting blood and bodily fluids.
State v. Dravis (18-76 - Unpublished)   Author: Judge Mark Davis
Satellite-based monitoring
State v. Hayes (17-1420 - Unpublished)   Author: Judge Ann Calabria
Motion to dismiss; Jury instruction; Invited error
State v. Johnson (17-1306 - Unpublished)   Author: Judge Valerie Zachary
Chain of Custody, Motion to Dismiss
State v. Keels (18-170 - Unpublished)   Author: Judge Phil Berger Jr.
sexual offenses with a child; indecent liberties with a child; waived appeal; dismissed; not preserved at trial; prior allegations of sexual assault; prior bad acts; Rape Shield Law
State v. Locklear (17-1332 - Unpublished)   Author: Judge John Arrowood
motion to dismiss; manufacture methamphetamine; ineffective assistance of counsel
State v. Maldonado (17-643 - Unpublished)   Author: Judge Lucy Inman
Preservation of Error; Rules 403 and 404(b) Evidence; Sentencing
State v. Miller (16-424-2 - Unpublished)   Author: Judge Rick Elmore
Ineffective assistance of counsel
State v. Miller (16-1206-2 - Unpublished)   Author: Judge Richard Dietz
First degree murder; jury instructions on lesser included offense of voluntary manslaughter; plain error; denial of request for special instruction; heat of passion
State v. Perez (17-759 - Unpublished)   Author: Judge Phil Berger Jr.
motion to set aside bond forfeitures; sufficiency of the evidence; N.C. Gen. Stat. ? 15A-544.5; Immigration Customs and Enforcement; ICE; deported; waived appeal; unavailability of verbatim transcript; narration of transcription
State v. Strickland (17-938 - Unpublished)   Author: Judge Phil Berger Jr.
motion to suppress; in-court identification; out-of-court identification; single-photo show-up; plain error; impermissibly suggestive; irreparable misidentification; spousal privilege; peremptory jury instruction; ex mero motu; improper closing remarks
State v. Vallejo (17-1292 - Unpublished)   Author: Judge Wanda Bryant
Fatal Variance; Jury Instructions; Ineffective Assistance of Counsel
State v. Walker (17-1167 - Unpublished)   Author: Judge Rick Elmore
Motion to dismiss charge of second degree murder based on insufficient evidence of acting in concert; common purpose to possess drugs; death as a natural and probable consequence of failed drug deal
State v. Walton (17-1359 - Unpublished)   Author: Judge Robert Hunter Jr.
Probation Violations.
State v. Watson (17-833 - Unpublished)   Author: Judge Donna Stroud
motion to suppress; driving while impaired; indictment; malicious conduct by a prisoner
State v. Westbrook (18-32 - Unpublished)   Author: Judge Mark Davis
Satellite-based monitoring
State v. White (18-39 - Unpublished)   Author: Judge Mark Davis
Satellite-based monitoring
State v. White (18-36 - Unpublished)   Author: Judge Ann Calabria
Jury instructions; Plain error; Closing arguments.

Filed: 21 August 2018
Mandate: 10 September 2018
Zip File of Published Opinions

Case Title / Description
Brady v. Vlaanderen  (18-61 - Published)   Author: Judge John Tyson
Judicial dissolution, abuse of discretion, Meiselman v. Meiselman factors, NCGS 55-14-30
Davis v. Rizzo  (17-1153 - Published)   Author: Judge Rick Elmore
Appellate Procedure Rule 3(c); Civil Procedure Rules 59 and 60(b); Postjudgment motion to amend filed under Rule 59 did not toll the thirty-day limitation for taking appeal
In re: W.H., J.H., J.H. & J.E.H.  (18-8 - Published)   Author: Judge Chris Dillon
Abuse, neglect, dependency, hearsay, residual exception, circumstantial guarantees of trustworthiness, suspension of visitation rights
Shell v. Shell  (17-990 - Published)   Author: Judge Donna Stroud
modification of custody order, substantial change of circumstances, best interest of the children
Smith v. USAA Cas. Ins. Co.  (17-1080 - Published)   Author: Judge Mark Davis
Joinder of Necessary Parties; N.C.G.S. § 20-75.1; Declaratory Judgment Act; Standing
State v. Alonzo  (17-1186 - Published)   Author: Judge Hunter Murphy
Sexual Act; Pattern Jury Instruction; Relevancy
State v. Hobson  (17-1052 - Published)   Author: Judge Rick Elmore
Superior court's subject-matter jurisdiction over misdemeanor charge of stalking; Rules of Evidence 401, 403, and 404(b); motion to dismiss
State v Ledbetter  (15-414-3 - Published)   Author: Judge John Tyson
Writ of certiorari; exercise of discretion; standard of review; secured bond- required findings, NCGS 15A-534; driving while impaired-right to witnesses, NCGS 20-38.4.
State v. Murphy  (17-1287 - Published)   Author: Judge Rick Elmore
Guilty plea; restitution; restitution invalidly ordered as to victims of unconvicted crime, stipulation as to invalid restitution does not warrant setting aside entire plea agreement
Town of Littleton v. Layne Heavy Civ., Inc.  (17-1137 - Published)   Author: Judge Phil Berger Jr.
nullum tempus; governmental function; proprietary function; maintenance of city sewer system; statute of limitation
Watson v. Watson  (17-899 - Published)   Author: Judge Donna Stroud
equitable distribution order; unequal distribution of marital property; classification; valuation
Winkler v. NC State Bd. of Plumbing, Heating & Fire Sprinkler Contractors  (17-873 - Published)   Author: Judge Lucy Inman
Attorneys? fees in disciplinary actions by a licensing board; Statutory interpretation of N.C. Gen. Stat. § 6-19.1
Unpublished Opinions
21 August 2018  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 10 September 2018 

Bond v. Manfredo (17-1425 - Unpublished)   Author: Judge John Arrowood
equitable distribution; martial property; pension plan
Brubach v. Peterson (17-1200 - Unpublished)   Author: Judge Robert Hunter Jr.
Negligence; Motion for New Trial.
Burns v. Kingdom Impact Global Ministries, Inc. (17-928 - Unpublished)   Author: Judge Lucy Inman
Appeal Bond; Stay of Execution of Judgment on Real Property; Costs and Attorneys? Fees
Carter v. Baughman (18-51 - Unpublished)   Author: Judge Ann Calabria
Partial summary judgment; Interlocutory appeal; NC Gen. Stat. 1A-1, Rule 54(b).
Da Silva v. WakeMed (17-820-2 - Unpublished)   Author: Judge Robert Hunter Jr.
Medical Negligence.
Daughtridge v. Tanager Land, LLC (17-554 - Unpublished)   Author: Judge Wanda Bryant
Real Property; Quiet Title; Summary Judgment; Costs
DavFam, LLC v. Davis (18-43 - Unpublished)   Author: Judge Chris Dillon
Rule 60(b), relief from judgment and reconsideration, corrective deed
Emert v. Smith (17-1121 - Unpublished)   Author: Judge Valerie Zachary
Unfair and Deceptive Trade Practices
Gaunt v. Guy M. Beaty & Co., Inc. (17-851 - Unpublished)   Author: Judge Phil Berger Jr.
worker's compensation lien; Section 97-10.2(j) factors; reduce lien to zero
In re: A.H. (18-207 - Unpublished)   Author: Judge Rick Elmore
Child custody; best interests of a child
In re: I.A.B. (18-40 - Unpublished)   Author: Judge Rick Elmore
Termination of parental rights; sufficient evidence to support findings; probability of repetition of neglect
Khaja v. Husna (17-763 - Unpublished)   Author: Judge Chris Dillon
Alimony, attorney?s fees, subject matter jurisdiction, foreign judgments, family law
Kozec v. Murphy (17-919 - Unpublished)   Author: Judge Hunter Murphy
Modifying Custody, Substantial Change of Circumstances, Permanent Custody
NC Ambulatory Surgical Ctr. Ass'n v. NC Indus. Comm'n (17-701 - Unpublished)   Author: Per Curiam
Pura Vida Mgmt. Corp. v. Adio Mgmt. Co., Inc. (17-905 - Unpublished)   Author: Judge Hunter Murphy
Sanctions, Dismissal with Prejudice, Inherent Authority
State v. Aracena (17-1253 - Unpublished)   Author: Judge Valerie Zachary
Common-law Robbery, Assault with a Deadly Weapon Inflicting Serious Injury, Restitution
State v. Bates (17-970 - Unpublished)   Author: Judge Hunter Murphy
Premeditation and Deliberation, Flight Instruction, Double Jeopardy
State v. Charette (17-1238 - Unpublished)   Author: Judge Hunter Murphy
Jury Instruction, Assault, Self-Defense
State v. Cole (17-732 - Unpublished)   Author: Judge Donna Stroud
driving while impaired; motion to dismiss indictment; motions to suppress discovery; sentencing
State v. Collins (17-849 - Unpublished)   Author: Judge Lucy Inman
Plain Error; Confessions; Guilty Plea
State v. Conner (17-1293 - Unpublished)   Author: Judge Ann Calabria
Motion to suppress; Meaningful appellate review; Right to confront witnesses; Non-hearsay; Motion to continue.
State v. Crowder (17-393 - Unpublished)   Author: Judge Phil Berger Jr.
Jury instruction; acting in concert; concerted action; embezzlement; larceny by employee; corporate malfeasance; double jeopardy; ineffective assistance of counsel
State v. Eller (17-1124 - Unpublished)   Author: Judge Donna Stroud
criminal, motion to suppress, reasonable suspicion
State v. Evans (17-976 - Unpublished)   Author: Judge Lucy Inman
Expert testimony; discovery violations; motion to dismiss for insufficient evidence of weight of controlled substance; weight of material outside the scope of the definition of a controlled substance
State v. Heard (17-1242 - Unpublished)   Author: Judge Robert Hunter Jr.
Confidential Informant.
State v. Long (17-1291 - Unpublished)   Author: Judge John Tyson
first degree murder; waiver-constitutional argument; motion to dismiss for insufficient evidence; premeditation and deliberation; prosecutorial statements in closing argument; standard for trial court's intervention ex mero motu.
State v. McMillan (17-1305 - Unpublished)   Author: Judge Phil Berger Jr.
assault by strangulation; motion to dismiss; lesser-included offense jury instruction; strangulation
State v. Sanderlin (17-1363 - Unpublished)   Author: Judge John Tyson
Assault on government official; Alford plea; intoxication in public place; probable cause
State v. Whitfield (17-184 - Unpublished)   Author: Judge Donna Stroud
murder, motion to sever, arrest judgment
State v. Wolfe (17-909 - Unpublished)   Author: Judge Mark Davis
Kidnapping with intent to terrorize; Motion to dismiss; NCGS § 15A-404 jury instruction (citizen's detention)
Whitmore v. Whitmore (17-988 - Unpublished)   Author: Judge Hunter Murphy
Willfulness, Ability to Comply, Child Support, Contempt

Filed: 7 August 2018
Mandate: 13 September 2018
Zip File of Published Opinions

Case Title / Description
AVR Davis Raleigh, LLC v. Triangle Constr. Co., Inc.  (17-958 - Published)   Author: Judge Ann Calabria
Motion to compel arbitration; Existence and scope of arbitration agreement; Construction of contract language.
Berens v. Berens  (17-1189 - Published)   Author: Judge Richard Dietz
Equitable Distribution; 529 Savings Plan as Marital Property; No Court-Created Exceptions to Marital Property Definition
Blair v. Blair  (17-585 - Published)   Author: Judge Donna Stroud
equitable distribution
Burgess v. Smith  (17-1352 - Published)   Author: Judge Rick Elmore
Subject-matter jurisdiction; challenge to superior court's subject-matter jurisdiction after entry of default judgment based on exclusivity provision of our Workers' Compensation Act, N.C. Gen. Stat. 97-10.1; superior court's refusal to resolve subject-matter jurisdiction challenge based on defenses of equitable estoppel and laches
DOT v. Jay Butmataji, LLC  (17-689 - Published)   Author: Judge Donna Stroud
condemnation, parking taking
Eddington v. Lamb  (17-947 - Published)   Author: Judge Rick Elmore
Child custody; temporary custody order becoming permanent by operation of time; sufficiency of findings supporting physical and legal custody awards; joint legal custody award with division of decision-making authority
In re: I.K. & K.M.  (18-94 - Published)   Author: Judge Hunter Murphy
Reunification, Guardianship, Opportunity to Object, Required Findings
In re: A.P.  (16-1010-2 - Published)   Author: Judge John Tyson (View Supreme Court Opinion)
Indian Child Welfare Act; Notice requirements to tribes, 25 U.S.C. 1912(a); Neglect and dependency adjudication.
Press v. AGC Aviation LLC  (17-9 - Published)   Author: Judge Donna Stroud
summary judgment, interpretation of contract, unambiguous language
State v. Alvarez  (17-945 - Published)   Author: Judge Ann Calabria
Maintaining a vehicle for keeping or selling controlled substances; NC Gen. Stat. 90-108(a)(7).
State v. Bartlett  (17-1178 - Published)   Author: Judge Valerie Zachary
Motion to Suppress, Unlawful Search
State v. Baskins  (17-1327 - Published)   Author: Judge Valerie Zachary
Motion for Appropriate Relief, Motion to Suppress, Ineffective Assistance of Counsel,
State v. Bowman  (17-657 - Published)   Author: Judge Lucy Inman
Limitations on cross-examination; pending criminal charges
State v. Buchanan  (17-746 - Published)   Author: Judge Rick Elmore
Jury instructions; failure to object; no request for plain error; self-defense; denial of motion to dismiss; insufficient evidence to support restitution award
State v. Ferrer  (17-655 - Published)   Author: Judge Donna Stroud
motion to dismiss, insurance fraud
State v. Griffin  (17-386 - Published)   Author: Judge Lucy Inman
Satellite-based monitoring; Efficacy; Grady
State v. Lindsey  (17-676 - Published)   Author: Judge Donna Stroud
waiver
State v. Mercer  (17-1279 - Published)   Author: Judge Valerie Zachary
Possession of a Firearm by a Felon, Jury Instruction
State v. Perry  (17-714 - Published)   Author: Judge Chris Dillon
Assault on a child, Pre-Miranda silence, Post-Miranda silence, Cross-examination, Inconsistent statement.
State v. Sims  (17-45 - Published)   Author: Judge Wanda Bryant
Juveniles; Eighth Amendment; Life Imprisonment Without Parole; Miller Factors
State v. Waycaster  (17-1249 - Published)   Author: Judge John Arrowood
business records; habitual felon
State v. Wilson  (17-1317 - Published)   Author: Judge Chris Dillon
Sexual act, sufficiency of evidence, expert testimony, plain error
Unpublished Opinions
7 August 2018  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 13 September 2018 

Awartani v. The Moses H. Cone Mem'l Hosp. Operating Corp. (17-1300 - Unpublished)   Author: Judge Richard Dietz
Court of Appeals Panels Bound By Previous Decisions of the Court; Doctrine of Necessaries; Women's Property Clause
Beasley v. Beasley (18-47 - Unpublished)   Author: Judge Robert Hunter Jr.
Equitable Distribution
Bus. Improvement Techs., Inc. v. World Famous, Inc. (17-1274 - Unpublished)   Author: Judge Hunter Murphy
Challenged Findings, Breach of Contract, Damages
Bybee v. Island Haven, Inc. (17-859 - Unpublished)   Author: Judge Lucy Inman
Motion to dismiss; Fraud; Unfair and Deceptive Trade Practices
Caruthers v. Hann (17-1381 - Unpublished)   Author: Judge Richard Dietz
Adequate Record for Appellate Review; Lack of Transcript or Narrative
DM Tr., LLC v. McCabe & Co. (17-1193 - Unpublished)   Author: Judge Phil Berger Jr.
non-exclusive easement; prescriptive easement; summary judgment
Gersing v. Real Vision, Inc. (17-1382 - Unpublished)   Author: Judge Hunter Murphy
Rule 60, Deficiency Judgment, Affirmative Defense, Excusable Neglect, Abuse of Discretion
Grodner v. Grodner (17-570 - Unpublished)   Author: Judge Linda McGee
COA17-570 Rule 60(b)(4) motion for relief was improper substitute for appeal; order not void. COA17-813 Entry of stay was interlocutory; no substantial right affected
Grodner v. Grodner (17-813 - Unpublished)   Author: Judge Linda McGee
Entry of stay was interlocutory; no substantial right affected
Hardy v. NC Cent. Univ. (17-664 - Unpublished)   Author: Judge Hunter Murphy
Just Cause, Unacceptable Personal Conduct, Demotion of a Career State Employee
Henion v. Cty. of Watauga (17-1107 - Unpublished)   Author: Judge Phil Berger Jr.
high-impact land use permit; standing; N.C. Gen. Stat. § 160A-393; expert v. lay opinion testimony
In re: B.V., B.V., B.V. (18-84 - Unpublished)   Author: Judge John Tyson
Termination of parental rights; no-merit brief; incarcerated father; neglect, NCGS 7B-1111(a).
In re: Byrd (17-1150 - Unpublished)   Author: Judge Wanda Bryant
Foreclosure; Default
In re: C.R.R. & E.K.R. (18-11 - Unpublished)   Author: Judge Richard Dietz
Termination of Parental Rights; Abandonment; Clear and Convincing Evidence Supporting Fact Findings; Best Interests
In re: C.W-J.H., J.G.H., A.L-F.H., J.E-B.H. (18-187 - Unpublished)   Author: Judge Mark Davis
Termination of parental rights; Neglect; NCGS § 7B-1111(a)(1)
In re: Coggins (17-1275 - Unpublished)   Author: Judge Mark Davis
Time limit for appeals from board of equalization and review to NC Property Tax Commission; N.C. Gen. Stat. § 105-290(e)
In re: I.M.P. & A.M.S. (18-256 - Unpublished)   Author: Judge Mark Davis
Termination of parental rights (TPR); insufficient evidence to support neglect; 7B-1111; failure to make reasonable progress; dependency
In re: K.S.C. (18-196 - Unpublished)   Author: Judge Valerie Zachary
Termination of Parental Rights
In re: Smith (17-874 - Unpublished)   Author: Judge Hunter Murphy
Pending Foreclosure, Motion to Dismiss, Abandoned Argument, Moot Appeal.
In re: T.S.B-S., A.A.S., T.S.B. (17-1343 - Unpublished)   Author: Judge Richard Dietz
Termination of Parental Rights; Neglect; Sufficiency of Fact Findings; Bests Interests
In re: G.L.H. (17-1406 - Unpublished)   Author: Judge Richard Dietz
Termination of Parental Rights; Abandonment; Clear and Convincing Evidence Supporting Fact Findings; Credibility Determinations
In re: L.A.G. (18-283 - Unpublished)   Author: Judge Valerie Zachary
Termination of Parental Rights
In re: M.V. & M.V. (18-128 - Unpublished)   Author: Judge John Tyson
Termination of parental rights; no-merit briefs; failure to pay reasonable portion of cost of care, NCGS 7B-1111(a)(3).
Jones v. Wells Fargo Co. (18-96 - Unpublished)   Author: Judge Phil Berger Jr.
N.C. Workers' Compensation Act; exclusivity provision of N.C. Workers' Compensation Act; negligence; negligent infliction of emotional distress; misnomer; motion to dimiss
Kovasala v. Kovasala (17-1084 - Unpublished)   Author: Judge Wanda Bryant
Lane v. Grafton (17-1003 - Unpublished)   Author: Judge Hunter Murphy
Attorney Fees, Unwarranted Refusal to Negotiate or Pay a Claim.
Lassiter v. Keystone Freight Corp. (17-881 - Unpublished)   Author: Judge Lucy Inman
Worker?s Compensation; Expert Testimony; Parsons Presumption
Newton v. Gariepy (17-1175 - Unpublished)   Author: Judge Chris Dillon
Permanent Custody, Temporary custody order, Psychological evaluation, Best interest of the child, Abuse of discretion.
Phifer v. Pasquotank Cty. (17-1155 - Unpublished)   Author: Judge Lucy Inman
Governmental immunity; governmental function
State v. Alfonso (18-75 - Unpublished)   Author: Judge Phil Berger Jr.
possession of cocaine; constructive possession; car owned by third party; motion to dismiss; sufficiency of the evidence
State v. Barnette (17-1082 - Unpublished)   Author: Judge Phil Berger Jr.
Reasonable suspicion; traffic stop; motion to suppress; competent evidence; DWI
State v. Becker (17-1311 - Unpublished)   Author: Judge Phil Berger Jr.
DWI; driving while impaired; drunk driving; impairment at the time of driving; four-wheeler; N.C. Gen. Stat. § 20-138.1; motion to dismiss
State v. Belk (17-1331 - Unpublished)   Author: Judge Phil Berger Jr.
defendant present during all stages of trial; defendant absent from trial; defendant absent during jury charge conference
State v. Black (17-963 - Unpublished)   Author: Judge Donna Stroud
motion to suppress, motion of intent to appeal
State v. Brown (17-1062 - Unpublished)   Author: Judge Phil Berger Jr.
presence at scene; felony murder; discharge weapon into occupied residence; insufficient evidence; motion to dismiss
State v. Cheek (17-829 - Unpublished)   Author: Judge Linda McGee
Anders Brief, Post-conviction DNA testing, Materiality of DNA evidence
State v. Ferguson (17-764 - Unpublished)   Author: Judge Phil Berger Jr.
possession of firearm by felon; constructive possession; insufficient evidence; motion to dismiss
State v. Foor (17-1316 - Unpublished)   Author: Judge Mark Davis
Assault w/ deadly weapon; robbery with dangerous weapon; redacting video interview; relevance of evidence; restitution award
State v. Garcia (17-912 - Unpublished)   Author: Judge Chris Dillon
Traffic stop, Suppressing evidence, Prolonging traffic stop, Probable cause, Reasonable suspicion, Trafficking contraband, Consent, Automobile exception.
State v. Haywood (18-85 - Unpublished)   Author: Judge Phil Berger Jr.
N.C. Gen. Stat. § 90-95(e)(9); possession of controlled substance in penal institution; possession of marijuana; motion to dismiss
State v. McLeod (17-1029 - Unpublished)   Author: Judge Richard Dietz
Assault; Self-Defense
State v. Melgarejo (17-1030 - Unpublished)   Author: Judge Phil Berger Jr.
constructive possession; exclusive control; rented house where drugs were found; constructive possession with roommate
State v. Miller (17-1215 - Unpublished)   Author: Judge Rick Elmore
Maintaining dwelling for keeping or selling cocaine; insufficient evidence of keeping; N.C. Gen. Stat. 90-108(a)(7)
State v. Naranjo (17-742 - Unpublished)   Author: Judge Linda McGee
Anders Brief, Post-conviction DNA testing, Effect of guilty plea, Materiality of DNA evidence
State v. Pless (17-1270 - Unpublished)   Author: Judge Phil Berger Jr.
Rule 404(b); prior drug transaction; intervene ex mero motu
State v. Reaves (18-100 - Unpublished)   Author: Judge Phil Berger Jr.
Anders review
State v. Smith (17-1184 - Unpublished)   Author: Judge Mark Davis
Driving while Impaired; Appreciable Impairment; Motion to Dismiss
State v. Springle (17-652 - Unpublished)   Author: Judge Wanda Bryant
Satellite-based Monitoring; Rules of Appellate Procedure; Petition for Writ of Certiorari
State v. Thomas (17-904 - Unpublished)   Author: Judge Linda McGee
Anders Brief, Post-conviction DNA testing, Effect of guilty plea, Materiality of DNA evidence
State v. Upchurch (17-1372 - Unpublished)   Author: Judge Phil Berger Jr.
DWI; driving while impaired; drunk driving; probable cause; warrantless arrest
State v. Vickers (17-1216 - Unpublished)   Author: Judge Chris Dillon
Post-Conviction DNA testing, Materiality, Physical Evidence, Biological Evidence
State v. Williams (17-913 - Unpublished)   Author: Judge Wanda Bryant
Notice of Appeal; Motion to Dismiss; Sentencing
State v. Young (18-258 - Unpublished)   Author: Judge Phil Berger Jr.
trafficking drugs; weight of drugs for trafficking; obtaining oxycodone by forged perscription; jury instruction for lesser-included offense
The Tractor Place, Inc. v. Bolton (17-878 - Unpublished)   Author: Judge Phil Berger Jr.
motion to continue trial; scheduling conflict; communication between judges regarding scheduling conflict; attorney and defendant absent from trial

Filed: 17 July 2018
Mandate: 6 August 2018
Zip File of Published Opinions

Case Title / Description
Hamby v. Thurman Timber Co., LLC  (17-1371 - Published)   Author: Judge Valerie Zachary
Summary Judgment
In re: B.O.A.  (18-7 - Published)   Author: Judge John Tyson
Petition to terminate parental rights; grounds listed in petition; failure to make reasonable progress to correct conditions leading to removal, NCGS 7B-1111(a)(2).
In re: K.G.  (17-1409 - Published)   Author: Judge Chris Dillon
Child Custody, Dependency Petition, Dependent Juvenile, Delinquent Juvenile
In re: T.T.E.  (17-648 - Published)   Author: Judge Donna Stroud
juvenile, motion to dismiss, disorderly conduct, resisting public officer
LMSP, LLC v. Town of Boone  (17-1241 - Published)   Author: Judge Valerie Zachary
Preliminary Injunction
State v. Hobbs  (17-1255 - Published)   Author: Judge John Tyson
First-degree murder; Batson challenges; failure to make prima facie showing; race-neutral reasons for challenges; proposed jury instructions.
State v. Hoyle  (17-1324 - Published)   Author: Judge John Arrowood
indecent exposure; presence; motion to dismiss; jury instructions
State v. Winchester  (17-1099 - Published)   Author: Judge Rick Elmore
Motion to suppress; sufficiency of search warrant affidavit and application; probable cause; reasonableness of former occupant seizure incident to executing search warrant on premises; motion to suppress custodial responses to police questioning; Miranda.
Stippich v. Reese's Transit, Inc.  (17-997 - Published)   Author: Judge Rick Elmore
Workers? compensation; aggravation of pre-existing conditions; injury causation; ongoing disability; split liability.
Unifund CCR, LLC v. Francois  (18-111 - Published)   Author: Judge Richard Dietz
Statute of Limitations; Authority of Court at Default Judgment Hearing to Raise Statute of Limitations Defense Sua Sponte
Vincoli v. N.C. Dep't of Pub. Safety  (17-618 - Published)   Author: Judge Donna Stroud
contested case hearing, Whistleblower Act
Unpublished Opinions
17 July 2018  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 6 August 2018 

Cosmos Granite & Marble v. Carolina Cabinets & Granite Inc. (18-30 - Unpublished)   Author: Judge Lucy Inman
Issue preservation; Violations of the Rules of Appellate Procedure
Flood v. Crews (17-740 - Unpublished)   Author: Judge Rick Elmore
Summary judgment; gross negligence; governmental and public official immunity.
In re: S.P.R-G. (17-1434 - Unpublished)   Author: Judge Mark Davis
Termination of parental rights; Subject matter jurisdiction; N.C.G.S. § 50A-203
In re: A.R. (18-27 - Unpublished)   Author: Judge Phil Berger Jr.
Termintion of parental rights; neglect
In re: B.H.S. & A.F.S. (18-102 - Unpublished)   Author: Judge Richard Dietz
Neglect; Sufficiency of Evidence
In re: G.N.R-U. & H.J.H-U. (18-49 - Unpublished)   Author: Judge Hunter Murphy
Termination of Parental Rights, Bests Interests of the Child, Parental Bond, Likelihood of Adoption.
In re: S.A.A. & L.M.A. (17-1211 - Unpublished)   Author: Judge Chris Dillon
Termination of parental rights, neglect, possibility of repetition, no merit brief
In re: Blackwell (17-806 - Unpublished)   Author: Judge Hunter Murphy
Foreclosure, power of sale, Chapter 45 and the Rules of Civil Procedure
In re: E.B. & R.B. (17-1384 - Unpublished)   Author: Judge Phil Berger Jr.
Child custody; neglect; suspension of visitation
In re: J.L.P. (17-1375 - Unpublished)   Author: Judge Mark Davis
Neglected juvenile; termination of parental rights; likelihood of repetition of neglect; failure to make reas. progress; failure to pay
Johnson v. E. Carolina Univ. (17-1159 - Unpublished)   Author: Judge Mark Davis
Priority consideration; substantially equal qualifications; career status state employee
Mathis v. Mathis (17-1071 - Unpublished)   Author: Judge Chris Dillon
Child custody order, modification, substantial change of circumstances, findings of fact, best interests of the child
McKenzie v. McKenzie (17-854 - Unpublished)   Author: Judge Donna Stroud
notice of appeal, dismissal
State v. Austin (17-920 - Unpublished)   Author: Judge Ann Calabria
Felonious vs. simple possession of marijuana; NC Gen. Stat. 90-95(d)(4); Failure to instruct the jury on the amount of contraband possessed.
State v. Chisholm (17-797 - Unpublished)   Author: Judge Lucy Inman
Motion to Suppress; Motion to Dismiss for Insufficient Evidence; Show-up Identifications
State v. Coleson (17-1304 - Unpublished)   Author: Judge Chris Dillon
Driving while impaired, alcohol screening test, portable breath test, intoxilyzer, refusal to take tests, admissibility as substantive evidence
State v. Colindres (17-1229 - Unpublished)   Author: Judge Mark Davis
Indecent liberties w/ a child; voluntary intoxication jury instruction
State v. Davis (17-1083 - Unpublished)   Author: Judge Ann Calabria
Motion for speedy trial; N.C. Gen. Stat. 15A-711(c); Sixth Amendment; Barker factors.
State v. Delegge (17-1002 - Unpublished)   Author: Judge Rick Elmore
Probation revocation hearing; motion to continue; subject matter jurisdiction; clerical error; N.C. Gen. Stat. § 15A-1346(b); willful violation of probation; N.C. Gen. Stat. § 1344(f).
State v. Fogleman (17-1358 - Unpublished)   Author: Judge Mark Davis
Plain error; lay opinion testimony that defendant's action raised red flags
State v. Ford (17-1407 - Unpublished)   Author: Judge Mark Davis
Anders brief; petition for writ of certiorari based on defects in notice of appeal
State v. Freeman (17-1066 - Unpublished)   Author: Judge Valerie Zachary
Possession of a firearm by a convicted felon
State v. Howell (18-140 - Unpublished)   Author: Judge Mark Davis
Probation revocation; clerical error; Judicial error
State v. Ivey (17-1266 - Unpublished)   Author: Judge Mark Davis
DVPO violation; Habitual misdemeanor assault; misd. breaking or entering; Motion for mistrial; References to the victim by witnesses & prosecutor
State v. Kirby (17-1076 - Unpublished)   Author: Judge Mark Davis
Robbery with a dangerous weapon; AWDWISI; Indictment variance
State v. Lail (18-125 - Unpublished)   Author: Judge Mark Davis
Anders brief; petition for writ of certiorari based on defects in notice of appeal
State v. Malloy (17-1102 - Unpublished)   Author: Judge Robert Hunter Jr.
Right to Fair Trial.
State v. Morrow (17-1269 - Unpublished)   Author: Judge Mark Davis
Motion to dismiss; Embezzlement; Sufficient evidence of entrustment of property for fiduciary capacity & fraudulent intent
State v. Reed (17-1180 - Unpublished)   Author: Judge John Arrowood
jury instruction; unconsciousness
State v. Southerland (17-1349 - Unpublished)   Author: Judge Mark Davis
Drug trafficking and possession; Rule 401 & 403 challenges to evidence that Defendant was under investigation by drug task force on night of arrest
State v. Wade (17-1111 - Unpublished)   Author: Judge Chris Dillon
Driving while impaired, retrograde extrapolation, expert witness, admissibility
Unifund CCR, LLC v. Tomlinson (18-112 - Unpublished)   Author: Per Curiam
Statute of Limitations; Authority of Court at Default Judgment Hearing to Raise Statute of Limitations Defense Sua Sponte
VR Sys., Inc. v. NC State Bd. of Elections & Ethics Enforcement (18-149 - Unpublished)   Author: Judge Mark Davis
Electronic pollbook licenses; substantial right; interlocutory appeal; final judgment; preliminary injunction in OAH
Yancey Cty. v. Jones (17-1214 - Unpublished)   Author: Judge Valerie Zachary
Child Support Order

Filed: 3 July 2018
Mandate: 23 July 2018
Zip File of Published Opinions

Case Title / Description
Anderson v. Walker  (17-782 - Published)   Author: Judge Ann Calabria
Contract to convey real property; Specific performance; Preemptive right
Garrett v. The Goodyear Tire & Rubber Co.  (17-500 - Published)   Author: Judge Hunter Murphy
Workers' Compensation, law of the case doctrine, disability determination
In re: C.C., A.S.  (18-54 - Published)   Author: Judge Mark Davis
Adjudication of neglect; child not in the care of parent prior to filing of juvenile petition; failure to correct conditions
In re: D.S.  (18-104 - Published)   Author: Judge John Tyson
Relative as guardian; permanency planning order; required findings; NCGS 7B-903(a1); placement with non-relative.
In re: M.N., K.S., A.N.  (18-169 - Published)   Author: Judge Lucy Inman
Appellate Standing; Abuse, Neglect, and Dependency; Juvenile Adjudication and Disposition; Sufficiency of the Evidence
In re: L.V. & A.V.  (18-282 - Published)   Author: Judge Hunter Murphy
Termination of parental rights, no-merit brief, Rule 3.1(d)
Kolczak v. Johnson  (17-329 - Published)   Author: Judge Donna Stroud
civil contempt, custody modification
McDaniel v. Saintsing  (18-88 - Published)   Author: Judge Valerie Zachary
Entry of Default
Scheinert v. Scheinert  (17-1227 - Published)   Author: Judge Richard Dietz
Alimony proceeding; Mandatory transfer under N.C. Gen. Stat. § 50-3; Sufficiency of findings of fact
State v. Baker  (17-1423 - Published)   Author: Judge Phil Berger Jr.
Criminal Contempt; Willfulness; Attorney Fees; Notice and Opportunity to be Heard
State v. Forte  (17-669 - Published)   Author: Judge Robert Hunter Jr.
Larceny of a firearm; breaking and entering.
State v. Gentle  (17-696 - Published)   Author: Judge Ann Calabria
Plain error review of jury instructions; Serious physical injury pursuant to NC Gen. Stat. 14-27.21(a)(2) and 14-27.26(a)(2); Motion to dismiss; Crime against nature, NC Gen. Stat. 14-177; Petition for Writ of Certiorari; SBM Order; Unpreserved constitutional argument.
State v. Kuhns  (17-519 - Published)   Author: Judge Ann Calabria
N.C. Gen. Stat. 14-51.2; Defense of habitation; Jury instructions.
State v. Nobles  (17-516 - Published)   Author: Judge Rick Elmore
Major crimes committed in the Qualla Boundary of the Eastern Band of Cherokee Indians; motion to dismiss for lack of state criminal jurisdiction; Indian Major Crimes Act, 18 U.S.C. Section 1153; whether the defendant qualified as an Indian for criminal jurisdiction purposes.
State v. Perez  (17-1147 - Published)   Author: Judge Richard Dietz
Stipulation to results of forensic laboratory report; Confrontation Clause; No obligation for special trial court colloquy with defendant
State v. Steele  (17-868 - Published)   Author: Judge Phil Berger Jr.
Confrontation Clause; Confidential informant statements; Rule 403; Insufficiency of evidence; Possession of contraband
The City of Charlotte v. Univ. Fin. Props., LLC  (17-388 - Published)   Author: Judge Donna Stroud
condemnation proceeding, motion to amend, voluntary dismissal
Town of Nags Head v. Richardson  (17-498 - Published)   Author: Judge Lucy Inman
JNOV; Eminent Domain; Public Trust Doctrine; Expert Testimony; Rule 702
Unpublished Opinions
3 July 2018  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 23 July 2018 

Baucom v. Vlahos (17-858 - Unpublished)   Author: Judge Linda McGee
Rule 59; modification of child support; scope of modification
Branton v. Branton (17-1207 - Unpublished)   Author: Judge Robert Hunter Jr.
Equitable Distribution
Bryan v. Dailey (17-788 - Unpublished)   Author: Judge Ann Calabria
Modification of existing child custody order; Substantial change in circumstances; N.C. Gen. Stat. 50-13.7(a).
Fife v. Eternal Woodworks, LLC (17-645 - Unpublished)   Author: Judge Lucy Inman
Workers? Compensation Act; Calculation of Average Weekly Wages
Grodensky v. McLendon (17-1258-2 - Unpublished)   Author: Judge Ann Calabria
Directed verdict; Proximate cause; Expert testimony; Medical malpractice
In re: A.M. (17-1257 - Unpublished)   Author: Judge Lucy Inman
Termination of parental rights; Dependency; Adjudicatory findings of fact
In Re: C.A.S. & D.L.A. (18-160 - Unpublished)   Author: Judge Valerie Zachary
Termination of Parental Rights
In re: L.S. & L.S. (18-48 - Unpublished)   Author: Judge Wanda Bryant
Dependency; Child Adjudication
In re: R.W. (18-172 - Unpublished)   Author: Judge Phil Berger Jr.
Adjudication of neglect and abuse; Delegation of authority; Suspension of visitation
In re: Worsham (17-1268 - Unpublished)   Author: Judge Valerie Zachary
Power of Sale Provision, Deed of Trust, Foreclosure
In re: Y.T., H.Y.T., A.T. (18-58 - Unpublished)   Author: Judge John Tyson
NCGS 7B-101(15); standing; abuse and neglect; prior felony child abuse conviction; stipulated facts.
In re: E.A.V. (17-1235 - Unpublished)   Author: Judge Linda McGee
Termination of parental rights; neglect; incarceration of parent
Kennihan v. Kennihan (17-1154 - Unpublished)   Author: Judge Richard Dietz
Interlocutory appeal; Appellate jurisdiction; Insufficient statement of grounds for appellate review
Krause v. RK Motors, LLC (17-1168 - Unpublished)   Author: Judge Ann Calabria
Art. 2 of the Uniform Commercial Code; Parol evidence rule; Exclusion and disclaimer of warranties; Effect of as is contract language; Attorneys' fees; N.C.R. App. P. 3.
McGuire v. Olson (18-44 - Unpublished)   Author: Judge John Tyson
Express easement by deed; descriptions; ambiguity in plat; highway right-of-way; summary judgment.
McNamara v. McNamara (17-1411 - Unpublished)   Author: Judge Valerie Zachary
Civil Contempt
Moch v. A.M. Pappas & Assocs., LLC (17-1126 - Unpublished)   Author: Judge Lucy Inman
Rule 11 Sanctions; Improper Purpose
State v. Beam (17-1232 - Unpublished)   Author: Judge Richard Dietz
Motion to suppress; Statutory requirement to include affidavit with suppression motion; Waiver; Ineffective assistance of counsel
State v. Degand (17-1026 - Unpublished)   Author: Judge Donna Stroud
6th Amendment, public trial
State v. Fuller (17-495 - Unpublished)   Author: Judge Donna Stroud
possession of a firearm by a felon, motion to dismiss
State v. Grady (17-731 - Unpublished)   Author: Judge Lucy Inman
Denial of a motion to suppress, oral findings of fact, adequacy of the verbatim transcript
State v. Johnson (17-634 - Unpublished)   Author: Judge Phil Berger Jr.
Plain error; Corroborating statements; Jury instructions
State v. McKnight (17-1240 - Unpublished)   Author: Judge Valerie Zachary
Motion to Dismiss, Sexual Offense in a Parental Role
State v. McRavion (17-1177 - Unpublished)   Author: Judge Robert Hunter Jr.
Deadly Weapon.
State v. Peterson (17-1336 - Unpublished)   Author: Judge Donna Stroud
probation violation, absconding
State v. Poore (17-1387 - Unpublished)   Author: Judge John Arrowood
MAR; sufficiency of indictment
State v. Porter (17-738 - Unpublished)   Author: Judge Linda McGee
Forfeiture of counsel; failure to object
State v. Reynolds (17-1239 - Unpublished)   Author: Judge Robert Hunter Jr.
Felony Death by Motor Vehicle.
State v. Smith (17-1378 - Unpublished)   Author: Judge Wanda Bryant
Alford Plea; Writ of Certiorari; Guilty Plea
State v. Taylor (17-730 - Unpublished)   Author: Judge Chris Dillon
Driving while impaired, motion to suppress, reconsideration, change in circumstances, jury instructions, alternative theories
Stewart v. Steel Creek Prop. Owners Ass'n (17-1213 - Unpublished)   Author: Judge Robert Hunter Jr.
Covenants; Expert Testimony; North Carolina Debt Collection Act.

Filed: 19 June 2018
Mandate: 9 July 2018
Zip File of Published Opinions

Case Title / Description
Cordaro v. Harrington Bank, FSB  (17-1032 - Published)   Author: Judge Mark Davis
Liability of lender to borrower for inaccurate home appraisal; N.C. Gen. Stat. § 53-244 (SAFE Act); justifiable reliance; breach of contract; unfair and deceptive trade practices
Hunt v. NC Dep't of Pub. Safety  (17-1244 - Published)   Author: Judge Mark Davis
N.C. Gen. Stat. § 126-35; discharge without just cause; authority to accept a resignation; compliance with grievance process; attorneys' fees; appointing authority
In re: J.D.M-J. & O.M.L.J.  (17-1328 - Published)   Author: Judge Mark Davis
Permanency planning order; statutory procedure for terminating proceeding in juvenile court and transferring matter to civil custody action; ICPC; verification of adequate resources and understand legal significance; visitation rights
In re: R.L.G.  (17-1433 - Published)   Author: Judge Mark Davis
Adjudication of neglect; consent adjudication order requirements; pre-adjudication hearing findings
McClease v. Dover Volunteer Fire Dept.  (17-1123 - Published)   Author: Judge Valerie Zachary
Summary Judgment, Negligence, Negligent Infliction of Emotional Distress, Immunity
Russell v. Wofford  (17-1191 - Published)   Author: Judge Donna Stroud
no contact order, Chapter 50C
State v. Cozart  (17-535 - Published)   Author: Judge Phil Berger Jr.
Satellite-based monitoring; Motion to discharge counsel; Ineffective assistance of counsel
State v. Jones  (17-114 - Published)   Author: Judge Donna Stroud
ineffective assistance of counsel claim, self-defense, bench trial, not deficient performance
State v. Orellana  (17-1133 - Published)   Author: Judge Valerie Zachary
Indecent Liberties, Credibility
The Comm. To Elect Dan Forest v. Emps. Political Action Comm.  (17-569 - Published)   Author: Judge Chris Dillon
Standing, Injury in fact, political advertisement, Stand by your ad law, statutory damages
Walker v. Hoke Cty.  (17-341 - Published)   Author: Judge Phil Berger Jr.
Motion to Dismiss; Rule 12(b)(1) of N.C. Rules of Civil Procedure; Taxpayer standing; Amotion
Unpublished Opinions
19 June 2018  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 9 July 2018 

Amelio v. Real Est. By Design, LLC (17-724 - Unpublished)   Author: Judge Rick Elmore
Interlocutory appeal; partial summary judgment order; claimed substantial right to avoid inconsistent jury verdicts; no substantial right demonstrated
Bates v. Gomezjuardo (16-242-2 - Unpublished)   Author: Judge Robert Hunter Jr.
Cabarrus Cty. Dep't of Hum. Servs. v. Morgan (17-487 - Unpublished)   Author: Judge Ann Calabria
Child support; N.C. Gen. Stat. 110-136.4(b); Income withholding; Unsupported findings of fact.
Carroll v. Manville (17-1172 - Unpublished)   Author: Judge Richard Dietz
Denial of Workers' Compensation Claim; Occupational Disease; Asbestosis; N.C. Gen. Stat. 97-57
Daniels v. Daniels (18-73 - Unpublished)   Author: Judge Ann Calabria
Subject matter jurisdiction; Moot
Giusto v. Robertson Ventrues, Inc. (17-1205 - Unpublished)   Author: Judge Rick Elmore
Interlocutory appeal from order denying summary judgment; no substantial right
Homestead At Mills River Prop. Owners Ass'n, Inc. v. Hyder (17-606 - Unpublished)   Author: Judge Linda McGee
Association standing barred by failure to follow corporate bylaws
In re: A.B., C.B., J.B., A.B. (17-1321 - Unpublished)   Author: Judge Chris Dillon
Abuse, neglect, dependency; Termination of parental rights; Adequate housing and employment
In re: A.J., Jr. & P.H. (17-1334 - Unpublished)   Author: Judge Ann Calabria
Subject matter jurisdiction; Emergency judge; Termination of parental rights; Willful abandonment; Clear and convincing evidence
In re: J.R. (18-103 - Unpublished)   Author: Judge John Arrowood
TPR; parental guardian ad litem; competency
In re: K.K-K.C. & K.E.C., II (18-18 - Unpublished)   Author: Judge Phil Berger Jr.
Termination of parental rights; Incapability to properly care for juveniles
In re: S.S. & T.N.S. (17-1383 - Unpublished)   Author: Judge Chris Dillon
In re: T.S.P. (18-118 - Unpublished)   Author: Judge Ann Calabria
Involuntary recommitment order; Not guilty by reason of insanity; Effect of vacated criminal judgment
In re: P.B. (18-83 - Unpublished)   Author: Judge Donna Stroud
TPR, motion to continue
In re: X.A.R., N.L.M., C.L.M. Jr. (17-1346 - Unpublished)   Author: Judge Phil Berger Jr.
Termination of parental rights; Neglect; Entry of adjudicatory order
State v. Bias (17-1236 - Unpublished)   Author: Judge Ann Calabria
Motion to dismiss
State v. Brown (17-1271 - Unpublished)   Author: Judge Ann Calabria
Sentencing; Prior record level; Probation
State v. Burnette (17-847 - Unpublished)   Author: Judge Ann Calabria
Jury instructions; Constructive possession; Variance from indictment
State v. Cole (17-1196 - Unpublished)   Author: Judge Ann Calabria
Criminal contempt
State v. Dail (17-294 - Unpublished)   Author: Judge Donna Stroud
first degree murder, jury instructions, admissibility of evidence
State v. Greene (17-916 - Unpublished)   Author: Judge Ann Calabria
Indigent defendant's attorney's fees; N.C. Gen. Stat. 7A-455; Pretrial confinement credit; N.C. Gen. Stat. 15-196.1.
State v. Hewitt (17-1157 - Unpublished)   Author: Judge Ann Calabria
Batson v. Kentucky; Race-neutral explanation; Juror misconduct; Mistrial
State v. Milligan (18-307 - Unpublished)   Author: Judge Ann Calabria
Probation revocation; New criminal offense; N.C. Gen. Stat. 15A-1345(e)notice requirement.
State v. Mills (17-1350 - Unpublished)   Author: Judge Ann Calabria
Anders; Kinch
State v. Pratt (17-1294 - Unpublished)   Author: Judge Ann Calabria
Indictment; Facially invalid; Motion to amend
State v. Pruitt (17-883 - Unpublished)   Author: Judge Rick Elmore
second-degree sexual offense; motion to dismiss for insufficiency of the evidence on the element of force; jury instructions on the element of force; reliability under Daubert of sexual assault nurse examiner's expert opinion testimony under Rule 702(a); attorneys' fees
State v. Raborn (17-1105 - Unpublished)   Author: Judge Rick Elmore
armed robbery; jury instructions; alleged error in failing to instruct on lesser-included offenses of common law robbery and assault with a deadly weapon
State v. Ramirez (17-1273 - Unpublished)   Author: Judge John Arrowood
probation revocation; motion to suppress; subject matter jurisdiction
State v. Williams (17-518 - Unpublished)   Author: Judge Rick Elmore
Expert testimony; N.C.R. Evid. 702(a); Daubert reliability inquiry; firearm toolmark identification; prior inconsistent statements; plain error review
Wolfe v. Poindexter (17-1366 - Unpublished)   Author: Judge John Arrowood
summons; service of process; personal jurisdiction

Filed: 5 June 2018
Mandate: 25 June 2018
Zip File of Published Opinions

Case Title / Description
Beasley v. Beasley  (17-787 - Published)   Author: Judge Wanda Bryant
Attorney's Fees; Interlocutory Order
Emerson v. Cape Fear Country Club, Inc.  (17-1149 - Published)   Author: Judge Hunter Murphy
Nonprofit Corporation Act, statutory interpretation, termination of membership
French Broad Place, LLC v. Asheville Sav. Bank, S.S.B.  (17-1087 - Published)   Author: Judge John Tyson
1. summary judgment; 2. commercial loan agreement; 3. breach of contract; 4. merger clause; 5. unfair or deceptive trade practices; 6. statute of frauds- commercial loan- N.C.G.S. § 22-5; 6. breach of fiduciary duty; 7. failure to object to materials submitted to trial court on summary judgment
Haulcy v. The Goodyear Tire & Rubber Co.  (17-844 - Published)   Author: Judge Rick Elmore
Workers' compensation; compensability of injury; employer-funded disability payment credit; Industrial Commission's authority to amend deputy commissioner's opinion and award; issue preservation
In re: A.J.C.  (18-41 - Published)   Author: Judge John Arrowood
3.1; TPR; jurisdiction
In re: J.A.M.  (16-563-2 - Published)   Author: Judge John Arrowood (View Supreme Court Opinion)
Neglect adjudication; prior history of termination
Johnson v. Johnson  (17-502 - Published)   Author: Judge Phil Berger Jr.
Motion to set aside separation agreement; Consideration; Reconciliation; Unconscionability
Standridge v. Standridge  (17-493 - Published)   Author: Judge Donna Stroud
family law, equitable distribution order, lack of subject matter jurisdiction
State v. Clapp  (17-1104 - Published)   Author: Judge Phil Berger Jr.
Driving while impaired; motion to suppress; probable cause
State v. Howard  (17-1143 - Published)   Author: Judge John Tyson
Counterfeit merchandise and goods; probable cause for search; nexus between contraband and location to be searched; timeliness of evidence to support search; motion to suppress, required conclusions of law, NCGS 15A-977(f).
State v. Lenoir  (17-943 - Published)   Author: Judge Mark Davis
Insufficient probable cause to support issuance of search warrant; motion to suppress; plain error
State v. Mitchell  (17-212 - Published)   Author: Judge Donna Stroud
felonious stalking, obstruction of justice
State v. Parisi  (17-1221 - Published)   Author: Judge Ann Calabria
Motion to Suppress; Probable Cause
State v. Randall  (17-924 - Published)   Author: Judge Chris Dillon
Motion for post-conviction DNA testing; N.C. Gen. Stat. § 15A-268, N.C. Gen. Stat. § 15A-269; materiality of DNA evidence; inventory of evidence.
State v. Sutton  (17-35 - Published)   Author: Judge Donna Stroud
traffic stop; reasonable suspicion
State v. Teague  (17-1134 - Published)   Author: Judge John Tyson
Motion to suppress; drugs/marijuana; trash search; anonymous tip; staleness; totality of the circumstances test; probable cause
State v. Veney  (17-1323 - Published)   Author: Judge John Tyson
Sixth Amendment Right to Counsel; structural error; critical stage; trial court communicating with jury in counsel's absence; voir dire; harmless error; failure to preserve.
WFC Lynnwood I LLC v. Lee of Raleigh, Inc.  (17-562 - Published)   Author: Judge Ann Calabria
Summary judgment; Liquidated damages; Attorneys' fees
Unpublished Opinions
5 June 2018  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 25 June 2018 

Anderson v. The NC State Bd. of Elections & Ethics Enforcement (17-1370 - Unpublished)   Author: Judge John Tyson
Early voting plan, judicial review of State Board of Elections decisions; mootness- capable of repetition, yet evading review; mootness- public interest exception; lack of subject matter jurisdiction.
Belamy v. Branson (17-666 - Unpublished)   Author: Judge Ann Calabria
N.C. Gen. Stat. Section 1A-1, Rule 41(b); Involuntary dismissal; Failure to prosecute
City of Hickory v. Grimes (17-441 - Unpublished)   Author: Judge Hunter Murphy
Wrongful acts, insurance policy, exclusionary clause, contract interpretation, duty to defend and indemnify
Coffey v. Coffey (17-1243 - Unpublished)   Author: Judge Lucy Inman
Civil Contempt; Purge Conditions; No-Contact Order
Greater Harvest Global Ministries, Inc. v. Blackwell Heating & Air Conditioning, Inc. (17-630 - Unpublished)   Author: Judge Lucy Inman
Rule 37 Sanctions, Dismissal, Discovery violations
In re: C.D.W. (17-352 - Unpublished)   Author: Judge Donna Stroud
involuntary commitment
In re: D.M.O. (17-1342 - Unpublished)   Author: Judge John Arrowood
TPR; evidence on remand
In re: E.L.J. & M.D.J. (17-1138 - Unpublished)   Author: Judge Ann Calabria
Motion to continue; Termination of parental rights; Failure to make reasonable progress
In re: M.D. (17-1198 - Unpublished)   Author: Judge John Arrowood
involuntary commitment; dangerous to self; dangerous to others
In re: M.T. (17-1347 - Unpublished)   Author: Judge Ann Calabria
Termination of parental rights; Neglect
In re: B.A.S. (17-1367 - Unpublished)   Author: Judge Lucy Inman
termination of parental rights; N.C. Gen. Stat. 7B-1111(a)(5)
In re: T.T. (17-985 - Unpublished)   Author: Judge Chris Dillon
Motion to suppress, reasonable suspicion, delinquency history, findings of fact
In re: Z.R., C.R., J.R. (17-950 - Unpublished)   Author: Judge Rick Elmore
Termination of parental rights; failure to make reasonable progress under N.C. Gen. Stat. 7B-1111(a)(2); cessation of reunification efforts
Kaplan v. Kaplan (17-1042 - Unpublished)   Author: Judge Mark Davis
Child support; post-separation support; civil contempt; noncompliance with past orders; failure to appear at contempt hearing
Li v. Chung (17-1069 - Unpublished)   Author: Judge Rick Elmore
Interlocutory appeal from order denying summary judgment; no substantial right
Midgette v. Concepcion (17-1230 - Unpublished)   Author: Judge Richard Dietz
Dismissal for insufficient service of process; Rebuttal of presumption of service; Denial of Rule 52 motion for additional findings of fact
Napoli v. Scottrade, Inc. (17-783 - Unpublished)   Author: Judge Phil Berger Jr.
Motion to dismiss; negligence; U.C.C.; adjudication of incompetency
Preferred Concrete Polishing, Inc. v. Pike (17-1092 - Unpublished)   Author: Judge Richard Dietz
Dismissal of quantum meruit action; Express contract for same services; Denial of motion to amend complaint; Undue delay
Ramirez v. Stuart Pierce Farms, Inc. (17-525 - Unpublished)   Author: Judge Rick Elmore
Workers' compensation; compromise settlement agreement; N.C. Gen. Stat. 97-17; Industrial Commission Rule 502
Robeson Cty. Enforcement Unit v. Harrison (17-558 - Unpublished)   Author: Judge Wanda Bryant
Child Support; Modification; Substantial Change in Circumstances
Round Boys, LLC v. Vill. of Sugar Mountain (17-515 - Unpublished)   Author: Judge Lucy Inman
Review of a Board of Adjustment; Denial of a variance application; Authority of a Board of Adjustment on remand from the Superior Court
Silver v. Chase Props., Inc. (17-1204 - Unpublished)   Author: Judge Mark Davis
Broker's commission; breach of contract; certain and definite term; meeting of the minds; real estate agency
State v. Allen (17-973 - Unpublished)   Author: Judge Wanda Bryant
Waiver; Evidence
State v. Antone (16-1203 - Unpublished)   Author: Judge Lucy Inman
N.C. Gen. Stat. § 15A-1340.19A, et seq.; Ex post facto laws; Juvenile Sentencing
State v. Brawley (17-287-2 - Unpublished)   Author: Judge Chris Dillon
Restitution, valuation, worksheets
State v. Charles (17-937 - Unpublished)   Author: Judge Chris Dillon
First-degree murder; jury instructions; acting in concert.
State v. Cook (17-885 - Unpublished)   Author: Judge Lucy Inman
Direct Criminal Contempt
State v. Corey (17-1031 - Unpublished)   Author: Judge Phil Berger Jr.
Charge conference; Aggravating factor; Substantial similarity out-of-state conviction
State v. Foster (17-989 - Unpublished)   Author: Judge Richard Dietz
First degree rape; Plain error; Admission of gun into evidence; Admission of photographs of victim's injuries
State v. Freeman (17-469 - Unpublished)   Author: Judge Donna Stroud
Rule of Appellate Procedure 2, sentencing B1 and B2
State v. Hicks (17-1109 - Unpublished)   Author: Judge Robert Hunter Jr.
State failed to give expert witness's CV to defendant; No prejudice to defendant.
State v. Hill (17-993 - Unpublished)   Author: Judge Chris Dillon
Video evidence, authentication, serious injury, sufficiency of the evidence, jury decision, consecutive sentencing
State v. Hoppes (17-861 - Unpublished)   Author: Judge Richard Dietz
First degree murder; Standard of review for closing argument where defendant did not object; Ex mero motu intervention by trial court
State v. Lawing (17-231 - Unpublished)   Author: Judge Donna Stroud
first degree murder, motion to continue, motion to dismiss, 404(b)
State v. Lewis (17-1096 - Unpublished)   Author: Judge Richard Dietz
Probation revocation; Committing additional offenses
State v. Murray (17-769 - Unpublished)   Author: Judge Hunter Murphy
Preservation, Right to public trial, flight instruction
State v. Perry (17-1223 - Unpublished)   Author: Judge John Tyson
Cocaine, motion to suppress, no material conflicts in evidence, chain of custody for evidence, habitual felon.
State v. Rucker (17-809 - Unpublished)   Author: Judge Chris Dillon
First-degree murder, first-degree kidnapping, felony breaking or entering, larceny; admissibility of officer testimony regarding truthfulness of a witness; special instruction on kidnapping.
State v. Sanchez (17-1135 - Unpublished)   Author: Judge Lucy Inman
Witness Lists; Voir Dire; Expert Testimony; Confrontation Clause
State v. Scott (17-1181 - Unpublished)   Author: Judge Robert Hunter Jr.
Second-degree Murder.
State v. Simmons (17-952 - Unpublished)   Author: Judge Chris Dillon
Driving while impaired; waiver of counsel; duty to confirm that a defendant understands the range of permissible punishments
State v. Smith (17-1116 - Unpublished)   Author: Judge John Arrowood
speedy trial; motion to dismiss
State v. Surratt (17-1285 - Unpublished)   Author: Judge John Tyson
Failure to register as a sex offender; no fatal variance between indictment and evidence at trial; criminal collateral estoppel; State v. Dial factors; application of sex offender registry.
State v. Taylor (17-545 - Unpublished)   Author: Judge Rick Elmore
Felonious breaking or entering; joinder of charges; denial of motion for mistrial; IAC; victim-impact evidence
State v. Tomlin (17-351 - Unpublished)   Author: Judge Donna Stroud
MAR, waiver of statutory right
State v. Yater (17-390 - Unpublished)   Author: Judge Donna Stroud
admission of evidence, judge's comments not impermissible opinion
Strazzanti v. Dolce (17-1217 - Unpublished)   Author: Judge Chris Dillon
Child custody, clear and convincing evidence, attorney?s fees, sufficient findings of fact
Swan Beach Corolla, L.L.C. v. Cty. of Currituck (17-411 - Unpublished)   Author: Judge Lucy Inman
Entry of Default; Appeal from Rule 60(b) motion; Dismissed as moot
White v. Guest Servs., Inc. (17-1156 - Unpublished)   Author: Judge Wanda Bryant
Workers' Compensation; Injury by Accident

Filed: 15 May 2018
Mandate: 4 June 2018
Zip File of Published Opinions

Case Title / Description
ABC Servs., LLC v. Wheatly Boys, LLC  (17-981 - Published)   Author: Judge Chris Dillon
Local rules, motions practice, littering, litter receptacle, trespass to property, negligence, scope of invitation, motion to dismiss
Brooks v. City of Winston-Salem  (17-1208 - Published)   Author: Judge Mark Davis
Workers' compensation causation; arising out of employment; fall from work truck; blackout
Dep't of Transp. v. Laxmi Hotels of Spring Lake, Inc.  (17-951 - Published)   Author: Judge Valerie Zachary
Rule 60(b)
GEA, Inc. v Luxury Auctions Mktg., Inc.  (17-1055 - Published)   Author: Judge Valerie Zachary
Sanctions, Discovery Order
In re: Hendrix  (17-281 - Published)   Author: Judge Donna Stroud
motion to dismiss; codicil
In re: Menendez  (17-1341 - Published)   Author: Judge Robert Hunter Jr.
Third Party bidder wants to enforce sale even though loan was reinstated.
Jeffries v. Cty. of Harnett  (17-729 - Published)   Author: Judge Rick Elmore
Zoning; statutory farm exemption from countrywide zoning under N.C. gen. Stat. 153A-340(b)(1); bona fide farm purpose of agritourism under N.C. Gen. Stat. 153A-340(b)(2a); failure to comply with N.C. Gen. Stat. 160A-393's requirements in challenging zoning board's decision
Kaiser v. Kaiser  (17-553 - Published)   Author: Judge Richard Dietz
Child Support Guidelines; Required Fact Findings; Calculation of Gross Income; Regular Capital Gains; Dividend Income; Payments by Cohabitant for Household Expenses
LeTendre v. Currituck Cty.  (17-1108 - Published)   Author: Judge Donna Stroud
preliminary injunction; zoning and enabling statutes; unconstitutional - arbitrary & capricious; vague; equal protection; NC Building Code; inverse condemnation; laches; vested right
Mastny v. Mastny  (17-1171 - Published)   Author: Judge John Tyson
modification of child custody; sufficient findings of fact; nexus between changed circumstances and child's welfare; proposed modification and child's best interests; mandate upon remand.
Marsh v. Marsh  (17-457 - Published)   Author: Judge Phil Berger Jr.
Temporary child custody order; Without prejudice
McDonald v. The Bank of N.Y. Mellon Tr. Co.  (17-1310 - Published)   Author: Judge John Tyson
Rule 12(b)(6) motion to dismiss; foreclosure by power of sale; loan modification; breach of contract; Unfair or Deceptive Trade Practices, NCGS 75-1.1; complaint reveals defense to claim.
Moore v. Jordan  (17-577 - Published)   Author: Judge Ann Calabria
Legal malpractice; Equitable distribution; Marital property; Attorney's duty of care
Nationwide Affinity Ins. Co. of Am. v. Bei  (17-1086 - Published)   Author: Judge Robert Hunter Jr.
Under-insured Motorist Coverage.
NC Dep't of Envtl. Quality v. TRK Dev., LLC  (17-882 - Published)   Author: Judge Mark Davis
Equitable estoppel as applied to a government agency; Solid Waste Management Act; NCGS § 130A-291
State v. Courtney  (17-1095 - Published)   Author: Judge Rick Elmore
Double jeopardy; N.C. Gen. Stat. 15A-931 voluntary dismissal; post-jeopardy dismissal of criminal charge bars reprosecution; post-mistrial voluntary dismissal of hung charge bars retrial
State v. Cox  (17-862 - Published)   Author: Judge Linda McGee
Motion to suppress - reasonable suspicion to extend traffic stop
State v. Grady  (17-12 - Published)   Author: Judge Ann Calabria
Satellite-based monitoring (SBM); Recidivist sex offender; Fourth Amendment; Reasonableness of the search
State v. McDaniel  (17-856 - Published)   Author: Judge Linda McGee
Doctrine of recent possession - element of exclusive possession
State v. Sharpe  (17-602 - Published)   Author: Judge Donna Stroud
probation revocation
State v. Shaw  (17-1061 - Published)   Author: Judge Valerie Zachary
Post Conviction DNA Testing and Discovery
State v. Stanley  (17-1000 - Published)   Author: Judge Mark Davis
Knock and talk; warrantless search; officers approaching back door of residence; clearly visible and unobstructed front door
State v. Turnage  (17-803 - Published)   Author: Judge Phil Berger Jr.
Motion to suppress; Seizure; Submission to show of authority; Activation of police vehicle lights
Swauger v. Univ. of NC At Charlotte  (17-1303 - Published)   Author: Judge Lucy Inman
Subject Matter Jurisdiction; Judicial Review; Office of Administrative Hearings; Sovereign Immunity
Unpublished Opinions
15 May 2018  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 4 June 2018 

Bowman v. Bros. Air & Heat, Inc. (17-1203 - Unpublished)   Author: Judge Valerie Zachary
Summary Judgment, Fraud, Negligent Misrepresentation, Unfair and Deceptive Trade Practices, Punitive Damages
Church v. Decker (17-1119 - Unpublished)   Author: Judge Wanda Bryant
Motion to Dismiss; Service; Rule 58, 59, 60
Church v. Decker (17-1120 - Unpublished)   Author: Judge Wanda Bryant
Motion to Dismiss; Service; Rule 58, 59, 60
Dunnigan v. Mack (17-1148 - Unpublished)   Author: Judge Richard Dietz
Unfair and Deceptive Trade Practices Claim; Denial of Request for Attorneys' Fees
Hewitt v. Hewitt (17-791 - Unpublished)   Author: Judge Robert Hunter Jr.
Child Support, Alimony, Equitable Distribution, Attorney's Fees.
Hill v. Hill (17-1125 - Unpublished)   Author: Judge John Arrowood
equitable distribution; appellate mandate; invited error
In re: A.L., N.L., & E.L. (17-1298 - Unpublished)   Author: Judge Lucy Inman
Termination of parental rights; Best interest determination
In re: E.D. (17-1254 - Unpublished)   Author: Judge Lucy Inman
Motion for continuance; Termination of parental rights for willfulness
In re: S.P. (17-616 - Unpublished)   Author: Judge Wanda Bryant
Involuntary Commitment; Dangerous to Others
In re: T.L.B. (17-1326 - Unpublished)   Author: Judge John Arrowood
TPR
In re: Ward (17-454 - Unpublished)   Author: Judge Hunter Murphy
Will caveat, expert testimony, preservation of issues for appeal
In re: J.W. (17-1278 - Unpublished)   Author: Judge John Arrowood
neglected juvenile; adjudication and disposition order
Kish v. Frye Reg'l Med. Ctr. (17-1314 - Unpublished)   Author: Judge John Arrowood
workers' compensation; attorney's fees; sanctions
Prince v. Underground Constr. Co., Inc. (17-1195 - Unpublished)   Author: Judge John Arrowood
attorney's fees; standing
Pryor v. Express Servs. (17-1060 - Unpublished)   Author: Judge Chris Dillon
North Carolina Industrial Commission; workers? compensation claim.
State v. Brown (17-944 - Unpublished)   Author: Judge John Tyson
sexual offense; kidnapping; resentencing after notice of appeal; jurisdiction
State v. Curlee (17-1379 - Unpublished)   Author: Judge John Tyson
larceny from merchant; habitual felon; higher sentence on retrial; NCGS 15 A-1335.
State v. Dancy (17-1103 - Unpublished)   Author: Judge Lucy Inman
Rule 2; Ineffective assistance of counsel
State v. Ford (17-817 - Unpublished)   Author: Judge Ann Calabria
Short form indictment; Lesser included offense; Right to unanimous jury verdict; Plain error
State v. Garland (17-1097 - Unpublished)   Author: Judge Chris Dillon
Attempted robbery; possession of a firearm by a felon; Rules of Evidence 401 and 403; ineffective assistance of counsel.
State v. Gibson (17-1012 - Unpublished)   Author: Judge Richard Dietz
Sex Offense; Preservation of Evidentiary Challenges; Withdrawal of Objection; Failure to Make Offer of Proof; Vouching for Credibility of Victim; Victim's Immigration Status; Petition for Writ of Certiorari for Challenges to Satellite-Based Monitoring
State v. Gladney (17-831 - Unpublished)   Author: Judge Rick Elmore
Motion to suppress evidence
State v. Hines (17-1141 - Unpublished)   Author: Judge Ann Calabria
Motion to dismiss; Unanimous jury verdict
State v. Hunter (17-1256 - Unpublished)   Author: Judge John Tyson
Trafficking marijuana; conspiracy; habitual felon; motion to suppress; warrantless search of home; destruction of evidence; harm to officers.
State v. Jimenez (17-1050 - Unpublished)   Author: Judge John Tyson
constructive possession of schedule II drugs; possession of firearm by felon; habitual felon.
State v. Luker (17-886 - Unpublished)   Author: Judge Donna Stroud
requested jury instruction
State v. Mackins (17-1277 - Unpublished)   Author: Judge John Tyson
larceny from merchant; resisting public officer; habitual felon; flight; improper comment; failure to plead; harmless error.
State v. McClelland (17-1231 - Unpublished)   Author: Judge John Tyson
felony speeding to elude arrest; habitual felon; motion to continue; motion to dismiss; sufficiency of the evidence.
State v. Miller (17-1049 - Unpublished)   Author: Judge John Tyson
probation revocation; continuance to retain counsel; waiver of counsel
State v. Mills (17-747 - Unpublished)   Author: Judge Mark Davis
Rule 404(b)evidence; common plan or scheme motive; plain error; ineffective assistance of appellate counsel; deficient performance; prior bad acts; child sex abuse
State v. Moore (17-1225 - Unpublished)   Author: Judge John Tyson
State v. Payne (17-650 - Unpublished)   Author: Judge Wanda Bryant
Motion to Suppress; Admissibility of Evidence
State v. Pursley (17-830 - Unpublished)   Author: Judge Linda McGee
Motion to suppress evidence - no unlawful extension of traffic stop
State v. Smith (17-925 - Unpublished)   Author: Judge Mark Davis
Plain error; prior consistent statement; habitual felon status; sufficiency of the evidence; offense date for prior felony
State v. Stroup (17-1059 - Unpublished)   Author: Judge John Tyson
motion to suppress; habitual impaired driving; habitual felon; delay in indictment.
State v. Truesdale (18-3 - Unpublished)   Author: Judge John Arrowood
motion to suppress; probable cause to arrest
State v. Twine (17-1094 - Unpublished)   Author: Judge John Tyson
Following too closely; probable cause for stop; IAC; cocaine possession; possession of firearm by felon.
State v. Xiong (17-1185 - Unpublished)   Author: Judge Wanda Bryant
Rule 404(b); Drug Offense; Relevance
Sutton v. Shackley (17-824 - Unpublished)   Author: Judge Chris Dillon
Personal jurisdiction, necessary party, recusal, default judgment, summary judgment
Talley v. Pride Mobility Prods. Corp. (17-896 - Unpublished)   Author: Judge Robert Hunter Jr.
No Products Liability; Negligence in Exploding Chair Case.
Whitman v. Stimpson (17-922 - Unpublished)   Author: Judge Rick Elmore
Negligent entrustment; summary judgment

Filed: 1 May 2018
Mandate: 21 May 2018
Zip File of Published Opinions

Case Title / Description
In re: I.W.P.  (17-94 - Published)   Author: Judge Phil Berger Jr.
Juvenile delinquency; Disorderly conduct; Sufficiency of the evidence; Section 7B-2411; Section 7B-2501(c); Delegation of authority.
Ingram v. Henderson Cty. Hosp. Corp., Inc.  (16-1016 - Published)   Author: Judge Donna Stroud
Medical malpractice, admission of clinical studies, preclusion of testimony regarding standard of care, Rule 9(j) exclusion of evidence,
Lambert v. Town of Sylva  (17-84 - Published)   Author: Judge Donna Stroud
directed verdict, Rule 50, governmental immunity, joinder of necessary parties
Penegar v. United Parcel Serv.  (17-404 - Published)   Author: Judge Lucy Inman
Last injurious exposure; Average weekly wage calculation; North Carolina Full Industrial Commission authority to amend an award
Porter v. Beaverdam Run Condo. Ass'n  (17-793 - Published)   Author: Judge Chris Dillon
Declaratory judgment action; North Carolina Condominium Act; condominium owners? association?s duty to maintain insurance coverage on the common elements of a condominium community
State v. Daniel  (17-974 - Published)   Author: Judge Chris Dillon
Driving while impaired, probable cause, motion to suppress, swerving
State v. Eldred  (17-795 - Published)   Author: Judge Lucy Inman
Motion to Dismiss; Driving while Impaired; Sufficiency of the evidence
State v. Gray  (17-508 - Published)   Author: Judge Hunter Murphy
Rule 702(a), controlled substances, reliability of experts and methods
State v. Hines  (17-968 - Published)   Author: Judge Wanda Bryant
Corpus Delicti Rule; DWI; Motion to Dismiss
State v. Lewis  (17-888 - Published)   Author: Judge Richard Dietz
Search Warrant; Probable Cause; Insufficient Facts in Warrant Application and Affidavit
State v. Locklear  (17-982 - Published)   Author: Judge John Arrowood
jury instructions; flight; variance; plain error
State v. Lofton  (17-716 - Published)   Author: Judge Linda McGee
Indictment; Fatal Defect; Manufacturing a Controlled Substance; Elements; Intent to Distribute
State v. Santillan  (17-251 - Published)   Author: Judge Richard Dietz
Invocation of Right to Counsel; Further Questioning By Law Enforcement; Remand for Further Findings; Admission of Incriminating Rap Lyrics; Plain Error; Conceded Error at Sentencing
State v. Solomon  (17-295 - Published)   Author: Judge Phil Berger Jr.
Second degree murder; Relevant evidence; Testimony regarding purported diagnosed mental disorders
State v. Stroud  (17-762 - Published)   Author: Judge Mark Davis
Sufficiency of Indictment where name, race, and date of birth contain inaccuracies; motion to dismiss conspiracy to commit robbery; due process - compelled witness testimony
Unpublished Opinions
1 May 2018  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 21 May 2018 

Abdeljabar v. Khalil (17-667 - Unpublished)   Author: Judge Wanda Bryant
Equitable Distribution; Findings of Fact; Fraudulent Transfer; Distributive Award
Averitt v. Averitt (17-1206 - Unpublished)   Author: Judge Chris Dillon
Summary judgment; fraud; constructive fraud
Dyer v. Roten (17-671 - Unpublished)   Author: Judge Valerie Zachary
Custody
Grodensky v. McLendon (17-1258 - Unpublished)   Author: Judge Ann Calabria
Medical malpractice; Causation; Expert
Hogue v. Cruz (17-122 - Unpublished)   Author: Judge Donna Stroud
summary judgment, apparent authority
Holcombe v. Oak Island Aircraft Hous., LLC (17-1081 - Unpublished)   Author: Judge Ann Calabria
Summary Judgment; Estoppel; Default; Attorney's Fees
Hopper v. Lakeside Mills, Inc. (17-906 - Unpublished)   Author: Judge Mark Davis
Industrial Commission Rule 701; Form 44; Motion to dismiss
In re: I.G.M. (17-1065 - Unpublished)   Author: Judge Rick Elmore
Termination of parental rights; incarceration and likelihood of future neglect
In re: X.M.C. & S.M.H-C. (17-1057 - Unpublished)   Author: Judge Ann Calabria
Termination of parental rights; Relative placement
In re: E.J.B. (17-1432 - Unpublished)   Author: Judge Robert Hunter Jr.
Abatement; Preservation.
In re: S.W. (17-1297 - Unpublished)   Author: Judge Rick Elmore
Termination of parental rights; failure to make reasonable progress; failure to pay reasonable cost of car; abandonment; insufficient findings of fact as to willfulness for each gound
In Re: T.D.W., H.M.W., A.R.R. (17-1290 - Unpublished)   Author: Judge Ann Calabria
Permanency planning order; Insufficient findings of fact; Termination of parental rights.
Lewis v. Lowe's Home Ctrs., LLC (17-1272 - Unpublished)   Author: Judge John Arrowood
workers' compensation; injury by accident
Madigan v. Madigan (17-468 - Unpublished)   Author: Judge Donna Stroud
child support
Price v. Paschall (17-1146 - Unpublished)   Author: Judge Mark Davis
Petition to sue as indigent form order; removal of magistrate for signing arrest warrant; judicial act; writ of mandamus
Radinger v. Asheville Sch., Inc. (17-1173 - Unpublished)   Author: Judge Hunter Murphy
Contract for private school education, valid consideration, ambiguity, breach, unjust enrichment
Roberson v. Tr. Servs. of Carolina, LLC (17-1152 - Unpublished)   Author: Judge Robert Hunter Jr.
Foreclosure not barred by res judicata.
Ross v. N.C. State Bureau of Investigation (17-794 - Unpublished)   Author: Judge Robert Hunter Jr.
Industrial Commission; Criminal Record in Employee's History.
State v. Bennett (17-986 - Unpublished)   Author: Judge John Tyson
possession of firearm by convicted felon; pre-trial release; officer's testimony regarding witness; insufficient notice of aggravating factor for sentencing; prior record level determination.
State v. Brown (17-1110 - Unpublished)   Author: Judge John Tyson
Common law robbery, motion to dismiss; re-reading jury instructions; hearsay testimony; plain error.
State v. Lewis (17-1051 - Unpublished)   Author: Judge Richard Dietz
Search Warrant; Probable Cause; Insufficient Facts in Warrant Application and Affidavit
State v. McAlister (17-282 - Unpublished)   Author: Judge Donna Stroud
motion to suppress, unpreserved error, jury instructions
State v. Muhammad (17-166 - Unpublished)   Author: Judge Wanda Bryant
Motion to Dismiss; Sufficiency of the Evidence; Preservation; Admissibility of Evidence; Prejudice
State v. Parker (17-1067 - Unpublished)   Author: Judge John Arrowood
PWC; sufficiency of indictment; jurisdiction; habitual misdemeanor assault
State v. Pegues (17-70 - Unpublished)   Author: Judge Donna Stroud
substitution of counsel, ineffective assistance of counsel, capacity to stand trial
State v. Ramirez (17-603 - Unpublished)   Author: Judge Linda McGee
Flight, jury instruction, prejudicial error
Wiley v. Armstrong transfer & Storage Co. (17-850 - Unpublished)   Author: Judge Valerie Zachary
Workers' Compensation

Filed: 17 April 2018
Mandate: 7 May 2018
Zip File of Published Opinions

Case Title / Description
Bluitt v. Wake Forest Univ. Baptist Med. Ctr.  (17-1170 - Published)   Author: Judge John Arrowood
res ipsa loquitur; medial negligence
Chambers v. The Moses H. Cone Mem'l Hosp.  (17-686 - Published)   Author: Judge Wanda Bryant
Class Action; Standing
Cohen v. Franklin Cty. Sch.  (17-1140 - Published)   Author: Judge Mark Davis
Injury by accident; workers' compensation; stroke during meeting with supervisor
Cole v. Bonaparte's Retreat Prop. Owners' Ass'n, Inc.  (17-492 - Published)   Author: Judge Lucy Inman
Adverse Possession; Tacking; Privity; Nonprofit Corporations; Ultra Vires; Civil Procedure, Rule 54
Davis v. Craven Cty. ABC Bd.  (17-908 - Published)   Author: Judge Richard Dietz
Workers' Compensation; Medical Compensation; Non-FDA-Approved Drugs; Role of the Courts in Policy Decisions
DeBruhl v. Mecklenburg Cty. Sheriff's Off.  (17-880 - Published)   Author: Judge Valerie Zachary
Constitutional Law, Procedural Due Process, Concealed Handgun Permit
DTH Media Corp. v. Folt  (17-871 - Published)   Author: Judge John Tyson
Family Educational Rights and Privacy Act (FERPA) 20 U.S.C.§ 1232g; Public Records Act N.C. Gen. Stat. §§ 132-1 to -11; Student disciplinary records; federal pre-emption of state law; congressional intent; mandatory disclosure; policy arguments
Pachas v. NC Dep't of Health & Hum. Servs.  (17-710 - Published)   Author: Judge Richard Dietz
Medicaid; Exhaustion of Administrative Remedies; Limitations on Bypassing Administrative Review and Seeking Immediate Judicial Review
Savage Towing, Inc. v. Town of Cary  (17-1228 - Published)   Author: Judge John Tyson
denial of preliminary injunction; town ordinance on private towing; interlocutory appeal; no substantial right; due process; equal protection; facial challenge
State v. Blankenship  (17-713 - Published)   Author: Judge Robert Hunter Jr.
Hearsay; Corpus Delicti; Ineffective Assistance of Counsel.
State v. Collington  (17-726 - Published)   Author: Judge Valerie Zachary
Ineffective Assistance of Counsel
State v. Crump  (17-488 - Published)   Author: Judge Wanda Bryant
Disqualifying Felony; Self-Defense; Jury Instructions; Voir Dire; Implicit Bias
State v. Fincher  (17-843 - Published)   Author: Judge Wanda Bryant
Motion to Dismiss; DWI; Controlled Substance; Expert Testimony; Rule 702
State v. Frederick  (17-370 - Published)   Author: Judge Phil Berger Jr. (View Supreme Court Opinion)
Motion to suppress; Search warrant; Probable cause
State v. Morgan  (17-428 - Published)   Author: Judge Ann Calabria
N.C. Gen. Stat. Section 15A-1344(f)(3); Good cause; N.C. Gen. Stat. Section 7A-455
State v. Thomas  (17-520 - Published)   Author: Judge Wanda Bryant
Expert Testimony; Aggressor Doctrine; Self-Defense; Restitution
State v. Velasquez-Cardenas  (17-422 - Published)   Author: Judge Linda McGee
Anders brief, DNA testing, Appeal, N.C.G.S. sec. 15A-270.1, Authority of Court of Appeals
Summerville v. Summerville  (17-690 - Published)   Author: Judge Mark Davis
Modification of child custody; trial court's sua sponte modification of child support award; lack of appellate jurisdiction to address criminal contempt finding; attorneys fees for defense of child custody modification; temporary vs. permanent custody orders
Unpublished Opinions
17 April 2018  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 7 May 2018 

Barron v. Rafidi (17-879 - Unpublished)   Author: Judge Rick Elmore
Violation of Appellate Rules; jurisdictional defect; N.C.R. App. P. 3
Chase v. Greif Inc. (17-1005 - Unpublished)   Author: Judge Valerie Zachary
Workers' Compensation
Da Silva v. WakeMed (17-820 - Unpublished)   Author: Judge Robert Hunter Jr.
Expert Testimony.
In re: B.D.A.I., M.B., M.T., B.T. (17-979 - Unpublished)   Author: Judge Robert Hunter Jr.
Neglect; Best Interests.
In re: Cooke (17-948 - Unpublished)   Author: Judge Valerie Zachary
Jurisdiction
In re: J.O. (17-1033 - Unpublished)   Author: Judge Valerie Zachary
Guardianship
In re: J.R. (17-977 - Unpublished)   Author: Judge Rick Elmore
Termination of parental rights; best-interest determination
In re: K.R.R. (18-19 - Unpublished)   Author: Judge Valerie Zachary
Termination of parental rights
In re: R.R. (17-779 - Unpublished)   Author: Judge Wanda Bryant
Danger to Self; Involuntary Commitment Order; Near Future
In re: S.C.N.C. & C.X.D.T. (17-1202 - Unpublished)   Author: Judge Robert Hunter Jr.
Termination of Parental Rights; Repetition of Neglect.
In re: A.C.H., R.B.H., R.D.H., Jr., J.D.G. (17-1063 - Unpublished)   Author: Judge Richard Dietz
Termination of Parental Rights; Neglect; Abuse; Denial of Visitation
In re: C.A.B. (17-1164 - Unpublished)   Author: Judge Robert Hunter Jr.
Willful Abandonment.
In re: C.B.T. (17-1209 - Unpublished)   Author: Judge Valerie Zachary
Termination of parental rights
In re: I.A. & E.L. (17-877 - Unpublished)   Author: Judge Ann Calabria
Cessation of reunification; Mandatory findings; Standard of proof; Custody
In re: J.D.L. (17-1265 - Unpublished)   Author: Judge Valerie Zachary
Neglected and Dependent Juvenile, Visitation
In re: J.M. (17-1413 - Unpublished)   Author: Judge Robert Hunter Jr.
Suspended Visitation; Interlocutory Order.
In re: R.S.O.S. & R.E.O.S. (17-1098 - Unpublished)   Author: Judge Rick Elmore
Termination of parental rights; denial of motion to continue
Kiggins v. Craven (17-910 - Unpublished)   Author: Judge Richard Dietz
Interlocutory Appeal; Substantial Right; Rule 12(b)(6) Motion to Dismiss; Criminal Conversation; Constitutional Challenge
Leonard v. Tojeiro (17-895 - Unpublished)   Author: Judge Valerie Zachary
Default Judgment, Promissory Note
Miller v. Cooke (17-949 - Unpublished)   Author: Judge Valerie Zachary
Jurisdiction
Powell v. O'Reilly Auto Parts, Inc. (17-1006 - Unpublished)   Author: Judge John Arrowood
workers' compensation; compensability; disability
Quiet Reflections Retreat, Inc. v. The Bank of N.Y. Mellon (17-887 - Unpublished)   Author: Judge Lucy Inman
Civil procedure; service of process; entry of default
State v. Audrey (17-1128 - Unpublished)   Author: Judge Rick Elmore
Motion for post-conviction DNA testing; Anders brief
State v. Bittle (17-999 - Unpublished)   Author: Judge Valerie Zachary
Felonious Breaking or Entering, Conspiracy, Habitual Felon Status
State v. Brooks (17-768 - Unpublished)   Author: Judge Richard Dietz
Permissible Scope of License Checkpoint Stop; Denial of Motion to Suppress; Identity Theft
State v. Calabrese (17-1001 - Unpublished)   Author: Judge John Tyson
driving while impaired; objection to closing arguments; references to religion; denial of special jury instruction; motion to reconstruct the record; supplemental affidavits
State v. Clory (17-867 - Unpublished)   Author: Judge Rick Elmore
Motion to dismiss for insufficient evidence of discharging weapon into dwelling
State v. Dick (17-1251 - Unpublished)   Author: Judge Valerie Zachary
Assault with a Deadly Weapon Inflicting Serious Injury, Possession of a Firearm by a Felon
State v. English (17-961 - Unpublished)   Author: Judge Rick Elmore
Failure to define willfully in jury instructions; plain error review
State v. Fields (17-966 - Unpublished)   Author: Judge Rick Elmore
N.C. Gen. Stat. 15A-544-5; motion to set aside bond forfeiture; reduction of bond amount unauthorized
State v. Foy (17-239 - Unpublished)   Author: Judge Phil Berger Jr.
Plain error; Felony death by motor vehicle; Impaired driving; Blood analysis; Sufficient evidence; Disjunctive instruction
State v. Fulghum (17-334 - Unpublished)   Author: Judge Valerie Zachary
Evidence, Other Acts, Insurance Fraud
State v. Giles (17-1068 - Unpublished)   Author: Judge John Arrowood
motion to dismiss; jury instructions; clerical errors
State v. Glover (17-804 - Unpublished)   Author: Judge Robert Hunter Jr.
Relevancy; Rule 403 Unfair Prejudice.
State v. Greene (17-1074 - Unpublished)   Author: Judge Rick Elmore
Sentencing; Anders brief
State v. Harris (17-964 - Unpublished)   Author: Judge Rick Elmore
N.C. Gen. Stat. 15A-544.5; motion to set aside bond forfeiture; reduction of bond amount unauthorized
State v. Henricksen (17-953 - Unpublished)   Author: Judge Valerie Zachary
First-Degree Trespass, Non-felonious Breaking or Entering, Lesser-included Offense, Attorney's Fees
State v. Hovis (17-773 - Unpublished)   Author: Judge Rick Elmore
Satellite-based monitoring; effective date of N.C. Gen. Stat. 14-208.2(2b), (1a)
State v. Jackson (17-939 - Unpublished)   Author: Judge Robert Hunter Jr.
Bill of Particulars; Credibility of a Witness; Relevancy.
State v. Johnson (17-364 - Unpublished)   Author: Judge Phil Berger Jr.
Motion to dismiss; Habitual impaired driving; Substantial similarity; Maintenance of breath analysis machine
State v. Jordan (17-504 - Unpublished)   Author: Judge Lucy Inman
N.C. Gen. Stat. § 15A-928; habitual driving while impaired; formal arraignment
State v. Keatts (17-1260 - Unpublished)   Author: Judge Valerie Zachary
Post-Conviction DNA Testing, First-Degree Statutory Rape, Indecent Liberties
State v. Leath (17-567 - Unpublished)   Author: Judge Mark Davis
Plain error; request for jury instruction on law of abandoned property; felonious breaking or entering; felonious larceny
State v. Lewis (17-965 - Unpublished)   Author: Judge Rick Elmore
N.C. Gen. Stat. 15A-544.5; motion to set aside bond forfeiture; reduction of bond amount unauthorized
State v. McPhaul (17-942 - Unpublished)   Author: Judge Valerie Zachary
Post-conviction DNA Testing, Felony Murder Rule
State v. Richbourg (17-1007 - Unpublished)   Author: Judge Valerie Zachary
Probation Revocation
State v. Robinson (17-839 - Unpublished)   Author: Judge Mark Davis
No prejudicial error; harmless error review; Rule 404(b) evidence of prior bad acts; first-degree murder; robbery with dangerous weapon
State v. Ross (17-442 - Unpublished)   Author: Judge Linda McGee
Anders brief, DNA testing, Appeal, N.C.G.S. sec. 15A-270.1, Authority of Court of Appeals
State v. Ryckeley (17-200 - Unpublished)   Author: Judge Donna Stroud
jury instructions, motion to dismiss
State v. Swain (16-1221 - Unpublished)   Author: Judge Donna Stroud
motion to suppress, need for written order
State v. Tapia (17-471 - Unpublished)   Author: Judge Linda McGee
Anders brief, DNA testing, Appeal, N.C.G.S. sec. 15A-270.1, Authority of Court of Appeals
State v. Van (17-923 - Unpublished)   Author: Judge Richard Dietz
Delay in Appeal After Petition for Writ of Certiorari Allowed; Failure to Hold Indigency Hearing; Loss of Transcript; Second Degree Murder; Stipulation to Aggravating Factors
State v. Wilson (17-917 - Unpublished)   Author: Judge Rick Elmore
Anders brief; N.C. Gen. Stat. 14-72(b)(6); habitual larceny; habitual felon status

Filed: 3 April 2018
Mandate: 23 April 2018
Zip File of Published Opinions

Case Title / Description
Boyce v. NC State Bar  (16-858 - Published)   Author: Judge Robert Hunter Jr.
Standing; N.C. State Bar Discipline.
Christian v. Dep't of Health & Hum. Servs.  (17-605 - Published)   Author: Judge Chris Dillon
Child care license, due process, revocation, Show Compliance, maltreatment, omission
Environmentalee v. N.C. Dep't of Env't & Nat. Res.  (17-907 - Published)   Author: Judge John Arrowood
administrative law; summary judgment; Rule 41(b) involuntary dismissal; CAMA
In re: Sharpe  (17-1151 - Published)   Author: Judge John Tyson
wills and estates; pre-marital agreement; contract interpretation; waiver of spousal elective share; judicial notice; review of clerk's findings.
In re: J.R.S. & Z.L.S.  (17-1101 - Published)   Author: Judge Chris Dillon
Removal of parties from juvenile proceeding; N.C. Gen. Stat. § 7B-401.1; Chapter 50 custody order; Grandparent custody; visitation; Best Interest determination.
IO Moonwalkers, Inc. v. Banc Of Am. Merch. Servs., LLC  (17-703 - Published)   Author: Judge Richard Dietz
Contract; Electronic Review and Signing; Ratification
Peterson v. Caswell Developmental Ctr. Dept. of Health & Hum. Servs.  (17-1139 - Published)   Author: Judge John Tyson
discipline of state employee; unacceptable personal conduct; tardiness and absences; ALJ review of agency decision; just cause for discipline.
Regency Lake Owners' Ass'n, Inc. v. Regency Lake, LLC  (17-1117 - Published)   Author: Judge John Tyson
Subdivision plat; access easement; declaratory relief; denial of preliminary injunction; necessary parties; re-hearing; interlocutory appeal.
State v. Jones  (17-796 - Published)   Author: Judge Mark Davis
Traffic stop; reasonable suspicion; officer's testimony during motion to suppress hearing; crossing double yellow line on highway
State v. Mathis  (17-128 - Published)   Author: Judge Hunter Murphy
Double Jeopardy, mistrial, ineffective assistance of counsel
State v. Shore  (16-1243-2 - Published)   Author: Judge John Arrowood
Rule 702; Daubert Standard; IAC, mistrial; NCGS 15A-1222
State v. Smith  (17-384 - Published)   Author: Judge Lucy Inman
Order Recusing District Attorney; Trial court?s authority to disqualify or recuse a District Attorney
Sullivan v. Pugh  (17-450 - Published)   Author: Judge Phil Berger Jr.
Motion for summary judgment; Agency relationship; Apparent authority
Unpublished Opinions
3 April 2018  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 23 April 2018 

Antico v. NC Dep't of Pub. Safety (17-1085 - Unpublished)   Author: Judge John Arrowood
just cause; unacceptable personal conduct
Connor v. Connor (17-987 - Unpublished)   Author: Judge Richard Dietz
Alimony; Cohabitation; Totality of the Circumstances Test
Doran v. The Fresh Mkt. (17-836 - Unpublished)   Author: Judge Lucy Inman
Workers? Compensation; Injury by Accident; Usual Work Routine
In re: A.S. & A.S. (17-1100 - Unpublished)   Author: Judge Donna Stroud
termination of parental rights; competency hearings; neglect; substantial risk of harm; review hearings
In re: E.M.S. (17-1078 - Unpublished)   Author: Judge Wanda Bryant
Termination of Parental Rights; Neglect; No Merit Appeal
In re: J.A.K., H.K.K., J.B.K. (17-1056 - Unpublished)   Author: Judge Linda McGee
Termination; Failure to pay reasonable cost of care; Professional conduct
In re: P.R., C.R. Jr., A.R. (17-901 - Unpublished)   Author: Judge Linda McGee
Adjudication of neglect - sufficient findings of fact
In re: R.L.H. & Q.C.W. (17-1136 - Unpublished)   Author: Judge Hunter Murphy
3.1, adjudication of neglect, probability of repetition of neglect, clear and convincing evidence
In re: D.M.P. (17-1073 - Unpublished)   Author: Judge Wanda Bryant
Termination of Parental Rights; Neglect; Incarceration; Best Interests of the Child
In re: G.N.R. (17-914 - Unpublished)   Author: Judge Wanda Bryant
Termination of Parental Rights; Jurisdiction
In re: T.D.H. (17-956 - Unpublished)   Author: Judge Donna Stroud
termination of parental rights, neglect, willful abandonment
Lewis v. Lewis (17-790 - Unpublished)   Author: Judge Linda McGee
Interlocutory Appeals; Rule 60 Motion
NC Dep't of Ins. v. Mathis (17-752 - Unpublished)   Author: Judge John Arrowood
whole record review; standard review
Quantum Mortg. Corportation v. Ghelani (17-940 - Unpublished)   Author: Judge Robert Hunter Jr.
Loan Broker Act; Attorney's Fees.
State v. Leonard (17-898 - Unpublished)   Author: Judge Mark Davis
Larceny; motion to dismiss; acting in concert instruction to jury; circumstantial evidence
State v. Ramos (17-808 - Unpublished)   Author: Judge Richard Dietz
Child Sex Offense; Improper Vouching; Plain Error
State v. Richmond (17-87 - Unpublished)   Author: Judge Donna Stroud
motion to dismiss, possession of a firearm by a felon
State v. Smith (17-680 - Unpublished)   Author: Judge Linda McGee
Appellate Jurisdiction; Motion to Dismiss; Sentencing
State v. Spaulding (17-1016 - Unpublished)   Author: Judge John Tyson
probation violation; failure to report; revocation of probation; absconding.
State v. Taylor (17-376 - Unpublished)   Author: Judge Lucy Inman
Best Evidence Rule; Plain Error
State v. Zinna (17-1028 - Unpublished)   Author: Judge John Arrowood
motion for mistrial; Allen charge
Whitley v. Bauguess (17-1047 - Unpublished)   Author: Judge Chris Dillon
Child custody, due process, oral judgment versus written judgments, welfare of the child

Filed: 20 March 2018
Mandate: 9 April 2018
Zip File of Published Opinions

Case Title / Description
Byron v. Synco Props., Inc.  (17-318 - Published)   Author: Judge Lucy Inman
Standing; Declaratory Judgment Act; Facial Constitutional Challenges; Summary Judgment; Zoning
Dep't of Transp. v. Stimpson  (17-596 - Published)   Author: Judge Linda McGee
condemnation, inverse condemnation, Map Act, counterclaim; N.C.G.S. Section 136-103 and 111
Durham Cty. v. Adams  (17-929 - Published)   Author: Judge Robert Hunter Jr.
Child Support Action & Rule 11 Sanction, Attorneys' Fees.
Engility Corp. v. Nell  (17-984 - Published)   Author: Judge John Tyson
Motion to quash, discovery sanctions; interlocutory order; substantial right; review of Rule 60 ruling.
Holton v. Holton  (17-467 - Published)   Author: Judge Rick Elmore
action for equitable distribution and spousal support; Rule 12(b)(1) dismissal for lack of subject matter jurisdiction; Rule 12(b)(6) dismissal of a claim for rescission of separation agreement; scope of appellate review when Rule 12(b)(6) grounds support a Rule 12(b)(1) dismissal; consideration of matters outside pleading
In re: A.A.S., A.A.A.T., J.A.W.  (17-834 - Published)   Author: Judge Linda McGee
Termination of Parental Rights; N.C. Gen. Stat. 7B-1001(a); Review of Permanency Planning Order; Willful Abandonment
In re: Z.D.  (17-876 - Published)   Author: Judge Linda McGee
Private termination of parental rights action; insufficient findings of fact
In re: E.D.  (17-693 - Published)   Author: Judge Mark Davis
Involuntary commitment; violation of statutory mandate; N.C. Gen. Stat. § 122C-266(a)
Jacobs v. Brewington  (17-8 - Published)   Author: Judge Donna Stroud
wills, devise, creditor
Martinez v. Wake Cty. Bd. of Educ.  (17-475 - Published)   Author: Judge Mark Davis
N.C. Gen. Stat. § 143-300.1; Industrial Commission's jurisdiction to hear negligence claims related to the operation of school buses; Tort Claims Act
Piedmont Nat. Gas Co., Inc. v. Kinlaw  (17-619 - Published)   Author: Judge Valerie Zachary
Cross-examination, Impeachment, Easements
State v. Quinones  (17-415 - Published)   Author: Judge Phil Berger Jr.
Jury instruction; incorrect statement of law; element of possession
State v Benitez  (14-542-2 - Published)   Author: Judge Donna Stroud (View Supreme Court Opinion)
NCGS 7B-2101; motion to suppress; guardianship; MAR
State v. Boderick  (17-691 - Published)   Author: Judge Valerie Zachary
Constitutional Law, Right to Trial by Jury, Bench Trial, Structural Error, Forfeiture of Counsel, Child Abuse, Murder
State v. Bursell  (16-1253 - Published)   Author: Judge Rick Elmore
Satellite-based monitoring; preservation of Grady issue; Rule 2
State v. Ditenhafer  (16-965 - Published)   Author: Judge Linda McGee
Felony obstruction of justice by a parent
Unpublished Opinions
20 March 2018  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 9 April 2018 

Atkinson v. Chamberlin-Spencer (17-941 - Unpublished)   Author: Judge Lucy Inman
Modification of child custody order; substantial change in circumstances affecting the welfare of the minor child; best interests of the minor child
Bartlett v. NC Dep't of Pub. Safety (17-935 - Unpublished)   Author: Judge Wanda Bryant
Tort Claims Act; Negligence; Industrial Commission
Creed v. Creed (17-456 - Unpublished)   Author: Judge Hunter Murphy
Liability payment credit, underinsured motorist coverage
Dep't of Transp. v. Chapman (17-597 - Unpublished)   Author: Judge Linda McGee
condemnation, inverse condemnation, Map Act, counterclaim, N.C.G.S. Section 136-103 and 111
Dep't of Transp. v. MDC Invs., LLC (17-598 - Unpublished)   Author: Judge Linda McGee
condemnation, inverse condemnation, Map Act, counterclaim, N.C.G.S. Section 136-103 and 111
Finn v. Finn (17-811 - Unpublished)   Author: Judge Valerie Zachary
Alimony, Attorney fee's, Divorce
Gateway Terrace Partners, LLC v. MJM Gateway Terrace RE, LLC (17-647 - Unpublished)   Author: Judge Mark Davis
Interlocutory appeal; motion for permanent injunction; denial of a substantial right
Hagerman v. Union Cty. Bd. of Adjust. (17-319 - Unpublished)   Author: Judge Rick Elmore
Zoning; interpretation and application of zoning ordinance
In re: A.R., D.G., T.G. (17-1212 - Unpublished)   Author: Judge Phil Berger Jr.
Adjudication of neglect and dependency; substantial risk of harm
In re: I.I.C., Jr. & S.I.C. (17-1127 - Unpublished)   Author: Judge Mark Davis
Termination of parental rights; dependency; neglect; failure to make reasonable progress; lack of clear, cogent, & convincing evidence to support neglect
In re: I.J.A. & I.R.A. (17-845 - Unpublished)   Author: Judge Linda McGee
Motion to terminate parental rights; grounds for termination; employment status
In re: J.N.S. & A.J.S. (17-807 - Unpublished)   Author: Judge Robert Hunter Jr.
Terminate Parental Rights; Medical Diagnosis Hearsay Exception.
In re: J.T.S. (17-1283 - Unpublished)   Author: Judge John Arrowood
TPR, neglect, probability of repetition of neglect
In re: N.D. (17-799 - Unpublished)   Author: Judge Lucy Inman
Findings of fact in disposition order
In re: A.S. & R.S. (17-1129 - Unpublished)   Author: Judge Valerie Zachary
Termination of parental rights, Best interest of the child
In re: A.V.C. & A.D.C. (17-1210 - Unpublished)   Author: Judge John Tyson
Private TPR; incarcerated parent; ineffective assistance of counsel; convenient forum; adequate notice.
In re: C.L., J.L., M.L., Jr., & H.L. (17-1010 - Unpublished)   Author: Judge Linda McGee
Termination of Parental Rights
In re: H.R.M. (17-815 - Unpublished)   Author: Judge Mark Davis
Involuntary commitment order; danger to himself; whether findings of fact demonstrated reasonable probability of future dangerous conduct
Saunders v. Hull Prop. Grp., LLC (17-1115 - Unpublished)   Author: Judge Ann Calabria
Motion to compel discovery; Interlocutory order; Attorney-client privilege; Work-product doctrine
State v. Dent (17-857 - Unpublished)   Author: Judge John Tyson
Rule 404(b); possession of drug buy money; prior record level; change in classification of offense.
State v. Foster (17-64 - Unpublished)   Author: Judge Donna Stroud
jury instructions, failure to preserve arguments, maintaining vehicle for keeping or selling marijuana, flight instruction, clerical error,
State v. Hammonds (17-931 - Unpublished)   Author: Judge Lucy Inman
satellite-based monitoring
State v. Hayes (17-679 - Unpublished)   Author: Judge Lucy Inman
Prejudicial error; Expert Testimony
State v. Holloman (15-1042-2 - Unpublished)   Author: Judge Lucy Inman
Sentencing considerations; Presumptive range
State v. Knight (17-848 - Unpublished)   Author: Judge Lucy Inman
Probation revocation
State v. Kohler (17-660 - Unpublished)   Author: Judge Lucy Inman
Resist, delay, or obstruction of an officer; Plain error
State v. Norman (16-1005-2 - Unpublished)   Author: Per Curiam
prior conviction; State v. Brice; special indictment or separate count, NCGS 15A-828; failure to object waives review.
State v. Robinson (17-971 - Unpublished)   Author: Judge Lucy Inman
Anders brief
State v. Ross (17-930 - Unpublished)   Author: Judge Lucy Inman
Anders Brief
State v. Royster (17-823 - Unpublished)   Author: Judge Lucy Inman
Appeal from guilty plea
State v. Shepherd (17-541 - Unpublished)   Author: Judge Ann Calabria
Plain error; Unrequested jury instruction; Felonious child abuse inflicting serious physical injury; Parent's fundamental right to discipline his child
State v. Terry (17-998 - Unpublished)   Author: Judge Lucy Inman
Alford plea; Probation Violation
State v. Wilds (17-1048 - Unpublished)   Author: Judge Lucy Inman
Anders v. California

Filed: 6 March 2018
Mandate: 26 March 2018
Zip File of Published Opinions

Case Title / Description
Briggs v. Debbie's Staffing, Inc.  (17-778 - Published)   Author: Judge Mark Davis
Workers' compensation benefits; failure to establish plaintiff suffered an occupational disease; lack of expert medical evidence that plaintiff was at increased risk of contracting asthma than general public
Davis v. New Zion Baptist Church  (17-523 - Published)   Author: Judge Richard Dietz
First Amendment, Standing, Contract claims by church members, Review based on neutral principles of law
Fleischhauer v. Town of Topsail Beach  (17-915 - Published)   Author: Judge John Arrowood
ripeness; subject matter jurisdiction; land use
Goins v. Time Warner Cable Se., LLC  (17-531 - Published)   Author: Judge Chris Dillon
Personal Injury, Obstacle in Roadway, Contributory Negligence, JNOV, Last Clear Chance, Jury Instructions
In re: D.A.  (17-819 - Published)   Author: Judge John Tyson
Conduct inconsistent with constitutionally protected status as parent; clear, cogent and convincing evidence standard; ceasing reunification efforts, NCGS 7B-906.2; permanent custody; foster parents.
In re: Hoffman  (17-972 - Published)   Author: Judge John Arrowood
attorney's fees; NCGS §§ 36C-10-1004, 6-21(2)
In re: J.A.K.  (17-574 - Published)   Author: Judge Chris Dillon
Termination of parental rights, appeal from permanency planning order
In re: K.C.  (17-1079 - Published)   Author: Judge Donna Stroud
termination, law of the case
In re: S.J.T.H.  (17-1009 - Published)   Author: Judge Donna Stroud
ajudication order, parental rights
In re: C.P.  (17-639-2 - Published)   Author: Judge Phil Berger Jr.
Neglected and dependent juvenile; Permanent plan of guardianship with relative; Ceasing reunification efforts; Reunification as concurrent permanent plan
Mahaffey v. Boyd  (17-812 - Published)   Author: Judge Chris Dillon
Rule 59 motion for new trial following summary judgment order resolving the case
State v. Allen  (17-661 - Published)   Author: Judge Wanda Bryant
Business Records; Authentication; Felony Breaking and Entering
State v. Campola  (17-354 - Published)   Author: Judge Lucy Inman
Reasonable Suspicion; Fourth Amendment; Traffic Stops; Motion to Suppress
State v. Harding  (17-448 - Published)   Author: Judge Rick Elmore
Jury instructions on unindicted first-degree kidnapping elements; sentences for two assaults allegedly based on the same conduct; motion to dismiss first-degree offense for insufficient evidence of serious personal injury; lifetime registration and SBM; Grady issue
State v. Miller  (17-405 - Published)   Author: Judge Linda McGee
Necessity, Duress, Defense, Instruction
State v. Watson  (17-253 - Published)   Author: Judge Lucy Inman
Motion for Appropriate Relief; Commitment Orders; Judgments and Sentencing; Judicial Notice; Service of Sentence
State v. Webb  (17-612 - Published)   Author: Judge Hunter Murphy
Felonious larceny; jury instructions; breaking or entering; sufficient evidence to support jury finding that defendant personally committed the crime
Unpublished Opinions
6 March 2018  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 26 March 2018 

Amir v. Amir (17-431 - Unpublished)   Author: Judge Chris Dillon
Family law; subject matter jurisdiction over claim for equitable distribution; cash distributive award.
Barnhill v. Farrell (17-402 - Unpublished)   Author: Judge Hunter Murphy
Arbitration dispute; dispute within scope of arbitration agreement; appealing trial court's confirmation of arbitration award
Capps v. McSwain (16-1264 - Unpublished)   Author: Judge Donna Stroud
fraud, Rule 12(b)(6), unfair and deceptive trade practices
Caudill v. Huitt Mills, Inc. (16-1281 - Unpublished)   Author: Judge Phil Berger Jr.
Industrial Commission; Section 97-25; Changing treating physician and treatment plan; Compensable injury
In re: B.L.A. (17-978 - Unpublished)   Author: Judge Donna Stroud
termination, best interests
In re: D.A.C., O.I.C., S.T.A. (17-889 - Unpublished)   Author: Judge Ann Calabria
Abuse; Neglect; Dependency; Cessation of reunification
In re: F.S. (17-959 - Unpublished)   Author: Judge Mark Davis
Adjudication order; neglect; dependency; failure to make findings that juvenile was at substantial risk of harm; lack of evidence that child suffered harm or was at substantial risk of harm.
In re: J.R.G. (17-1106 - Unpublished)   Author: Judge Lucy Inman
Termination of Parental Rights; Subject Matter Jurisdiction; Adoptive Parents; N.C. Gen. Stat. 7B-1103
In re: A.G.D. & L.K.D. (17-719 - Unpublished)   Author: Judge Ann Calabria
Jurisdiction; UCCJEA; Residence; Home state
In re: J.D. (17-954 - Unpublished)   Author: Judge Chris Dillon
Juvenile, Motion to Dismiss, Timely Appeal, Collateral Attack
In re: J.L.S., J.N.S., A.S. (17-994 - Unpublished)   Author: Judge John Tyson
Termination of parental rights; neglect; compliance with case plan; incarcerated father; best interests determination.
In re: J.W.M., Jr. (17-777 - Unpublished)   Author: Judge Mark Davis
Termination of parental rights; best interests of the child
Johnson v. Haynes (17-890 - Unpublished)   Author: Judge Hunter Murphy
Interlocutory appeal of partial summary judgment; right to avoid inconsistent verdicts
Malone v. Hutchison-Malone (17-241 - Unpublished)   Author: Judge Phil Berger Jr.
Termination of child support prior to high school graduation; Section 50-13.4(c)(2)
McCall v. Million (17-403 - Unpublished)   Author: Judge Linda McGee
Grandparent visitation - constitutional rights of parents and statutory best interest test
McGuire v. McGuire (17-432 - Unpublished)   Author: Judge Wanda Bryant
Modification of Child Support; Unequal Distribution; Statutory Factors; Alimony
Nunn v. Baro (17-798 - Unpublished)   Author: Judge Ann Calabria
Exclusion of evidence; Prejudicial error; Motion for new trial; Remittitur
O'Neal v. Fox (17-754 - Unpublished)   Author: Judge Chris Dillon
Motor vehicle , Intersection, Contributory Negligence, JNOV, Last Clear Chance, Pleading Affirmative Defenses, Jury Instructions
Oxendine v. Locklear (17-259 - Unpublished)   Author: Judge Rick Elmore
Workers' compensation; ongoing disability; calculation of average weekly wage
Perez v. Perez (17-512 - Unpublished)   Author: Judge Rick Elmore
Motion to dismiss; Rule 12(b)(6); format and sufficiency of pleading; adequate notice; postseparation support; alimony
State v. Adams (17-601 - Unpublished)   Author: Judge Rick Elmore
Issue preservation; failure to object; no request for plain error; sufficiency of factual basis for acceptance of plea
State v. Cloer (17-23 - Unpublished)   Author: Judge Donna Stroud
sufficiency of indictment, motion to dismiss
State v. Crooms (17-317 - Unpublished)   Author: Judge Robert Hunter Jr.
Accessory before the fact to murder; Indictment.
State v. Davis (17-615 - Unpublished)   Author: Judge Mark Davis
Jury instruction error; failure to instruct on all essential elements; failure to specifically and distinctly assert plain error
State v. Davis (17-385 - Unpublished)   Author: Judge Wanda Bryant
Admissibility of Evidence; Rule 404(b)
State v. Evans (17-840 - Unpublished)   Author: Judge John Arrowood
relevant evidence; impeachment
State v. Fox (17-711 - Unpublished)   Author: Judge Wanda Bryant
Order for Arrest; Motion to Set Aside; Probation; Absconding
State v. Freeman (17-751 - Unpublished)   Author: Judge Ann Calabria
Prior conviction; Substantial similarity; Sexually violent offense; Recidivist; Satellite-based monitoring; Reasonable search
State v. Harrison (17-805 - Unpublished)   Author: Judge John Arrowood
motion to suppress; checkpoint stop
State v. Hill (17-758 - Unpublished)   Author: Judge Robert Hunter Jr.
Alleged Prosecutorial Vindictiveness.
State v. Jefferies (17-775 - Unpublished)   Author: Judge Richard Dietz
Lay witness identification, Relevant evidence, Waiver of Confrontation Clause rights by stipulation
State v. McMannus (17-900 - Unpublished)   Author: Judge Wanda Bryant
Sixth Amendment; Self Representation; Statutory Requirements; Limiting Instruction; Plain Error; Restitution
State v. Russell (17-427 - Unpublished)   Author: Judge Rick Elmore
Second-degree murder; police reports inadmissible under Rule 803(6)'s business-records hearsay exception; Rule 404(b) evidence; motion to dismiss for insufficient evidence of malice; Rule 401 relevancy.
State v. Solomon (17-651 - Unpublished)   Author: Judge Rick Elmore
N.C. Gen. Stat. 14-190.9(a2); indecent exposure on private premises; jury instructions; basis for restitution
Tibbs v. Ford (17-936 - Unpublished)   Author: Judge Ann Calabria
Interim distribution of assets; Interlocutory appeal; Substantial right test

Filed: 20 February 2018
Mandate: 12 March 2018
Zip File of Published Opinions

Case Title / Description
Bickley v. Fordin  (17-185 - Published)   Author: Judge Chris Dillon
Shareholder sale of interest in LLC; unfair and deceptive trade practices act, fraud, constructive fraud, breach of fiduciary duty; compromise verdict.
In re: S.G.V.S. & D.D.R.S.  (17-903 - Published)   Author: Judge John Tyson
Termination of parental rights; scheduling return date of hearing; previously scheduled criminal trial; Rule 59 motion; abuse of discretion.
Lester v. Galambos  (17-83 - Published)   Author: Judge Hunter Murphy
Easements; easements by implication; easement implied by prior use; easement by grant
Neckles v. Harris Teeter  (16-569-2 - Published)   Author: Judge Ann Calabria
N.C. Workers' Compensation Act; Disability; N.C. Gen. Stat. Section 97-2(9)
Rivas v. Fred Smith Constr., Inc.  (16-1187 - Published)   Author: Judge Phil Berger Jr.
Summary judgment; Alter ego; Discovery; Motion to amend complaint; Substitution of party
Shearin v. Reid  (17-514 - Published)   Author: Judge Mark Davis
Rule 59 motion; motion to recuse; N.C.G.S. § 31A-2; requested jury instructions
State v Triplett  (13-1289-2 - Published)   Author: Judge Linda McGee (View Supreme Court Opinion)
Privilege Against Self-incrimination; Right to Remain Silent; Miranda Warnings
State v. Brown  (17-209 - Published)   Author: Judge Rick Elmore
First-degree murder; hearsay; N.C.R. Evid. 803(5); recorded recollection; insufficient recollection; illustrative evidence; limiting instruction
State v. Bullock  (15-731-2 - Published)   Author: Judge Hunter Murphy (View Supreme Court Opinion)
Voluntariness of consent to search; calculation error before guilty plea
State v. Dixon  (17-962 - Published)   Author: Judge John Tyson
Felony child abuse; serious physical injury; serious bodily injury; motion to dismiss; sufficiency of the evidence; scars; re-sentencing
State v. Green  (17-39 - Published)   Author: Judge Hunter Murphy
DWLR; jury instructions; presumption of notice and knowledge
State v. Hillard  (17-437 - Published)   Author: Judge Rick Elmore
Amount of restitution; ability to pay restitution; competent evidence to support restitution award
State v. Jackson  (16-1141 - Published)   Author: Judge Rick Elmore
First-degree murder; alleged discovery violations under N.C. Gen. Stat. 15A-903; late disclosure of expert witness
State v. Krider  (17-272 - Published)   Author: Judge Ann Calabria (View Supreme Court Opinion)
Probation; Probation revocation; Absconding; N.C. Gen. Stat. Section 15A-1343(b)(3a); N.C. Gen. Stat. Section 15A-1344(f); Jurisdiction
State v. Lee  (17-513 - Published)   Author: Judge Lucy Inman
Self-Defense; Aggressor Doctrine
State v. Leonard  (17-266 - Published)   Author: Judge Hunter Murphy
Sentencing guidelines; extraordinary mitigation; abuse of discretion.
State v. Melton  (17-921 - Published)   Author: Judge John Arrowood
probation revocation; absconding
State v. Simmons  (16-1065-2 - Published)   Author: Judge Rick Elmore
On remand from Supreme Court for reconsideration in light of its decision in State v. Brice; alleged indictment-related deficiency under N.C. Gen. Stat. 15A-928 dismissed as unpreserved for appellate review under Brice; remanded for correction of clerical error
State v. Weldon  (17-748 - Published)   Author: Judge Valerie Zachary
Identification Testimony, Abuse of Discretion, Character Evidence, Relevance, Plain Error, Prior Record Level, Out-of-State Offense, Substantial Similarity, Harmless Error
Stokes v. Stokes  (17-440 - Published)   Author: Judge Wanda Bryant
Motion to Change Venue; Responsive Pleadings; Interlocutory Appeal
Taylor v. Wake Cty.  (17-99 - Published)   Author: Judge Lucy Inman
Adequate state remedy; Direct constitutional claims pursuant to Corum v. University of North Carolina; Tort Claims Act
USA Trouser, S.A. de C.V. v. Williams  (17-918 - Published)   Author: Judge John Tyson
Direct action against insurer; creditor as third-party beneficiary; Rule 12(b)(6) motion to dismiss; unfair or deceptive trade practices; bad faith claims settlement; plead fraud with particularity, NC Rule of Civil Proc. 9(b); civil conspiracy.
Unpublished Opinions
20 February 2018  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 12 March 2018 

Adame v. Aerotek (16-1118 - Unpublished)   Author: Judge Donna Stroud
disability, futility
Brown v. Cox (17-436 - Unpublished)   Author: Judge Phil Berger Jr.
Sudden emergency doctrine; Jury instructions; Motion for a new trial
Byrd v. Lowe's Home Ctrs., Inc. (17-841 - Unpublished)   Author: Judge Linda McGee
Worker's Compensation - specific traumatic incident and causation
Cmty. Mgmt. Corp. v. Sarver (17-870 - Unpublished)   Author: Judge John Arrowood
summary ejectment; motion to recuse; summary judgment; motion to dismiss Rule 12(b)(6)
Dass v. Dass (17-702 - Unpublished)   Author: Judge Linda McGee
Plaintiff's testimony sufficient to support finding of domestic violence
In re: A.G. (17-827 - Unpublished)   Author: Judge Hunter Murphy
Neglect adjudication; best interests determination; 3.1
In re: H.W. (17-785 - Unpublished)   Author: Judge Ann Calabria
Neglected juvenile; Consent disposition; Visitation; Insufficient findings
In re: I.V.F. & J.L.F-S. (17-739 - Unpublished)   Author: Judge Mark Davis
No merit brief; termination of parental rights; best interests of the child
In re: J.B. (17-781 - Unpublished)   Author: Judge John Tyson
Termination of parental rights; no merit brief; no response
In re: J.D. (17-709 - Unpublished)   Author: Judge Ann Calabria
Neglected juvenile; Insufficient evidence
In re: K.M. (17-578 - Unpublished)   Author: Judge Hunter Murphy
Reunification; best interests determination; 3.1
In re: R.Z. (17-543 - Unpublished)   Author: Judge Robert Hunter Jr.
No application for voluntary admission into Copestone in record.
In re: T.X.W., L.D.W., M.T.W. (17-855 - Unpublished)   Author: Judge Mark Davis
Adjudication of neglect and dependency; failure to make findings that children were at substantial risk of impairment
In re: L.F. (17-875 - Unpublished)   Author: Judge Robert Hunter Jr.
Informed Plea.
Smith v. Smith (17-753 - Unpublished)   Author: Judge Wanda Bryant
Interlocutory Order; Bankruptcy Proceeding; Nondischargeable Domestic Support Obligation
State v. Adkins (17-715 - Unpublished)   Author: Judge Robert Hunter Jr.
Plea Acceptance; Clerical Errors.
State v. Barbour (17-537 - Unpublished)   Author: Judge Valerie Zachary
Indecent liberties, Sexual offenses, Rape of a child
State v. Battle (17-673 - Unpublished)   Author: Judge Mark Davis
Rule 21 petition for writ of certiorari granted; failure to show exceptional circumstances warrant invocation of Rule 2; prosecutor's closing argument remarks were not grossly improper
State v. Branning (17-771 - Unpublished)   Author: Judge Robert Hunter Jr.
Probation Revocation; Anders Brief.
State v. Brown (17-568 - Unpublished)   Author: Judge Valerie Zachary
Ineffective Assistance of Counsel, Probation Revocation, Absconding, Abuse of Discretion
State v. Harris (17-644 - Unpublished)   Author: Judge Robert Hunter Jr.
Defendant Commits Identity Theft.
State v. Hunt (17-722 - Unpublished)   Author: Judge Robert Hunter Jr.
Sufficiency of Evidence; Kidnapping.
State v. Jones (17-217 - Unpublished)   Author: Judge Linda McGee
Fatal variance; Jury instructions; habitual Misdemeanor Assault
State v. Kornegay (17-632 - Unpublished)   Author: Judge Robert Hunter Jr.
Trial Court did not give coersive instruction.
State v. Littlejohn (17-551 - Unpublished)   Author: Judge Robert Hunter Jr.
Jury Instruction on Lesser-Included Offense.
State v. Moore (17-766 - Unpublished)   Author: Judge Robert Hunter Jr.
Satellite Based Monitoring.
State v. Nichols (17-826 - Unpublished)   Author: Judge Hunter Murphy
State v. Smith (17-687 - Unpublished)   Author: Judge Robert Hunter Jr.
Trial Court Revokes Defendant's Probation.
State v. Thorpe (17-307 - Unpublished)   Author: Judge Hunter Murphy
Conspiracy; agreement; substantial evidence
State v. Wilson (16-1215 - Unpublished)   Author: Judge Donna Stroud
petition for cert., probation revocation hearing, attorney fees

Filed: 6 February 2018
Mandate: 26 February 2018
Zip File of Published Opinions

Case Title / Description
Badin Shores Resort Owners Ass'n, Inc. v. Handy Sanitary Dist.  (17-718 - Published)   Author: Judge Valerie Zachary
Contracts, Civil Procedure, Summary Judgment
Ballard v. Shelley  (17-61 - Published)   Author: Judge Richard Dietz
Interlocutory appeal; substantial right; no waiver of governmental immunity by purchase of excess liability insurance; Rule 12(b)(6) standard; procedural due process claim
Butler v. Scotland Cty. Bd. of Educ.  (17-501 - Published)   Author: Judge Mark Davis
Failure to state exceptions in petition for judicial review of local school board decision; failure to personally serve the Board with petition for judicial review; applicability of N.C. Gen. Stat. § 150B-46 to appeal of local school board decisions
Ford Motor Credit Co. LLC v. McBride  (17-720 - Published)   Author: Judge John Arrowood
12(b)(6) and (7); summary judgment; consumer credit sale; breach of contact; NCGS § 25A-25
Honeycutt v. Weaver  (17-410 - Published)   Author: Judge Rick Elmore
Rule 12(b)(6); motion to dismiss; statute of limitations; standing; breach of fiduciary duty; constructive fraud
In re: D.E.M., Jr.  (17-755 - Published)   Author: Judge Hunter Murphy
Parental Rights, Termination of Parental Rights, Wilful Abandonment, Findings of Fact in Terminating Parental Rights
In re: Lowe's Home Ctrs., LLC  (17-220 - Published)   Author: Judge Phil Berger Jr.
Ad valorem tax assessment; Rebuttable presumption of correctness; Valuation
In re: M.J.S.M.  (17-688 - Published)   Author: Judge Robert Hunter Jr.
Repetition of Neglect; Anders Brief.
In re: Ivey  (17-264 - Published)   Author: Judge Lucy Inman
N.C. Gen. Stat. 48-3-605; Revocation of consent
Martin v. Pope  (17-389 - Published)   Author: Judge Richard Dietz
Obligation to renew motion for directed verdict at close of all evidence; Rule 59 new trial standard of review; Motion to disqualify counsel; Obligation to file appellant's brief in cross-appeal
Norman v. NC Dep't of Admin.  (17-328 - Published)   Author: Judge Rick Elmore
Summary judgment; Title VII; employment discrimination and retaliation; sexual harassment
Plasman v. Decca Furniture (USA), Inc.  (17-151 - Published)   Author: Judge Linda McGee
Rule 8(a)(1); Pleading; Dismissal; Rule 12(b)(6); Sanction; Rule 41(b)
Raymond v. Raymond  (16-1179 - Published)   Author: Judge Donna Stroud
summary judgment
Smith Jamison Constr. v. APAC-Atl., Inc.  (17-761 - Published)   Author: Judge John Tyson
Nonsignatory's motion to compel arbitration, equitable estoppel, subcontractor agreement, common law and statutory claims.
Spoor v. Barth  (17-308 - Published)   Author: Judge Rick Elmore
Rule 12(b)(6) dismissal based on statutes-of-limitation grounds; Rule 15(a) denial of a motion to amend on futility grounds; Rule 41(a) voluntary dismissal; Rule 10(c) incorporation by reference of individual claims to derivative claim; Rule 15(c) relation back; law-of-the-case doctrine
State v Campbell  (13-1404-3 - Published)   Author: Judge Donna Stroud (View Supreme Court Opinion)
Rule 2, fatal variance & indictment, motion to dismiss
State v. Bridges  (17-579 - Published)   Author: Judge Chris Dillon
Possession of Controlled Substances, Evidence of Nature of Controlled Substance, Chemical Analysis, Defendant Admission of the Nature of a Controlled Substance, State's Burden of Proof
State v. Coley  (17-470 - Published)   Author: Judge Mark Davis
PWISD marijuana; motion to dismiss; sufficiency of evidence; 11.5 grams marijuana, digital scale, and sandwich bags; defective notice of appeal; North Carolina Rules of Appellate Procedure 4(a) and 21(a)
State v. Cromartie  (17-350 - Published)   Author: Judge Hunter Murphy
Resisting Public Officer; Sufficiency of Evidence; Double Jeopardy
State v. Golder  (16-987 - Published)   Author: Judge Phil Berger Jr.
Indictment; Sufficient Evidence; Aiding and Abetting; Obtaining Property by False Pretenses; Unlicensed Bail Bonding
State v. Gomola  (17-438 - Published)   Author: Judge Chris Dillon
Involuntary manslaughter conviction based on commission of the ?unlawful act? of affray; jury instructions; defense of others as a defense to an unlawful act; self-defense.
State v. McCaster  (17-816 - Published)   Author: Judge John Tyson
Probation; consent of defendant; failure to process; notice of revocation hearing; subject matter jurisdiction.
State v. Mumma  (17-481 - Published)   Author: Judge Wanda Bryant
Second-Degree Murder; Aggressor Doctrine; Closing Argument
State v. Peed  (17-743 - Published)   Author: Judge Chris Dillon
Probation, Revocation, Voluntary Extensions, Mootness, Adverse Consequences, Medical, Psychological, and/or substance Abuse Treatment
State v. Phachoumphone  (17-247 - Published)   Author: Judge Rick Elmore
Authorization of remote testimony of child victim under N.C.G.S. 15A-1225.1; first-degree sexual offense with a child; indecent liberties with a child; motion to dismiss for insufficient evidence; improper closing argument
State v. Schumann  (17-707 - Published)   Author: Judge Robert Hunter Jr.
Pro Se Defendant; Waiver of Counsel.
State v. Singletary  (17-668 - Published)   Author: Judge Richard Dietz
Mandate from Court of Appeals issues upon transmittal to the lower court, not on receipt by lower court
State v. Terrell  (17-268 - Published)   Author: Judge Rick Elmore
Motion to suppress; Fourth Amendment; applying the private-search exception to the warrant requirement to an electronic storage device; whether a follow-up police search for potential contraband data on a privately searched thumb drive was lawful under the private-search doctrine; whether excising tainted allegations from an application still supplied probable cause to issue the search warrant.
State v. Vetter  (17-524 - Published)   Author: Judge Mark Davis
Domestic criminal trespass; misdemeanor breaking or entering; motion to dismiss; remand for correction of a clerical error
State v. Wilkerson  (17-800 - Published)   Author: Judge John Tyson
Right to a speedy trial, evidentiary hearing, Barker v. Wingo factors, prosecutorial negligence, pretrial incarceration, prejudice.
The Cherry Cmty. Org. v. The City of Charlotte  (16-1292 - Published)   Author: Judge Hunter Murphy
Standing; zoning
The NC State Bar v. Ely  (17-546 - Published)   Author: Judge Mark Davis
Attorney discipline; violation of Rules of Professional conduct; unauthorized practice of law; whether findings of fact in DHC order support conclusions of law; excessive punishment; five-year suspension
Whitehurst v. East Carolina Univ.  (17-629 - Published)   Author: Judge Valerie Zachary
Administrative Law, Just Cause, State Employee
Unpublished Opinions
6 February 2018  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 26 February 2018 

Branch Banking & Tr. Co. v. Surane (17-842 - Unpublished)   Author: Judge Richard Dietz
Appeal from denial of Rule 60(b)(4), Rule 60(b)(6) motion; settlement; confession of judgment
Cook v. Cooks (17-359 - Unpublished)   Author: Judge Mark Davis
Attorneys' fees; child custody and support order; criminal contempt; whether defendant acted in good faith in defending motions
Faircloth v. Faircloth (17-332 - Unpublished)   Author: Judge Wanda Bryant
Child Custody; Substantial Change of Circumstances
Henderson v. Henderson (16-72-2 - Unpublished)   Author: Judge Ann Calabria
Divorce; Classification of assets; Marital debt; Post-separation payments; Divisible property
Hopkins v. Thomas (17-474 - Unpublished)   Author: Judge Valerie Zachary
Reasonable grounds to ask defendant to submit to blood alcohol test
In re: B.M. (17-663 - Unpublished)   Author: Judge Chris Dillon
Neglected juvenile, Finding of neglect, visitation rights, Permanency planning, Reunification
In re: C.C. (17-654 - Unpublished)   Author: Judge Richard Dietz
Involuntary commitment; danger to self; sufficiency of fact findings
In re: G.D.O., T.L.A.G., A.R.O. (17-902 - Unpublished)   Author: Judge Hunter Murphy
In re: K.W. (17-735 - Unpublished)   Author: Judge Chris Dillon
Abuse, Neglect, Dependency; Insufficient findings of fact; Resolution of conflicting evidence
In re: Smith (17-483 - Unpublished)   Author: Judge Chris Dillon
Foreclosure, Default, Pre-foreclosure Notice
In re: S.K.D.M. (17-573 - Unpublished)   Author: Judge Robert Hunter Jr.
Terminate Mother's Custody of Child.
Jacobson v. Padgett (17-192 - Unpublished)   Author: Judge Hunter Murphy
Jenkins v. E.er Seals UCP of N. Carolina & Va., Inc. (17-540 - Unpublished)   Author: Judge Wanda Bryant
Workers' Compensation; Findings of Fact; Competent Evidence
Keena v. Cedar St. Invs., LLC (17-852 - Unpublished)   Author: Judge Ann Calabria
N.C.R. Civ. Procedure 15; Motion to Amend; N.C.R. Civ. Procedure 50; Motion for Directed Verdict; Agency
Kelly v. Polk Cty. N. Carolina (17-832 - Unpublished)   Author: Judge Valerie Zachary
Civil Procedure, Motion to Dismiss, Immunity, Negligence, Wrongful Death, Public Duty Doctrine, Public Official Immunity, Pleadings
Lee v. Cty. of Cumberland (17-446 - Unpublished)   Author: Judge Robert Hunter Jr.
Plaintiff sues County for IIED.
Linker v. Linker (17-894 - Unpublished)   Author: Judge John Tyson
Child custody; permanent custody order; modification; no motion filed; Woodring factors.
Messer v. Pollack (17-582 - Unpublished)   Author: Judge Lucy Inman
Findings of Fact, N.C. Gen. Stat. § 1D-45, Punitive Damages, Frivolous and Malicious
Parsons v. Parsons (17-278 - Unpublished)   Author: Judge Ann Calabria
Oral contract; N.C. Gen. Stat. 52-10; N.C. Gen. Stat. 22-2; Unjust enrichment
SMS Constr., Inc. v. Wittels (16-1081 - Unpublished)   Author: Judge Donna Stroud
State v. Andrews (16-925 - Unpublished)   Author: Judge Donna Stroud
404(b)
State v. Artis (17-478 - Unpublished)   Author: Judge Wanda Bryant
Motion to Dismiss; Sufficiency of Evidence
State v. Brown (17-818 - Unpublished)   Author: Judge Ann Calabria
Batson violation; Peremptory strike; Authentication of evidence; Inadmissible testimony; Curative instruction.
State v. Davis (17-721 - Unpublished)   Author: Judge Chris Dillon
Investigative Stop, Reasonable Suspicion, Contradictory Evidence, Findings of Fact, Reasonable Belief
State v. Dorsey (17-684 - Unpublished)   Author: Judge Richard Dietz
Missing portions of trial transcript; prejudice standard; motion to dismiss; assault with a deadly weapon inflicting serious injury
State v. Ferrell (17-300 - Unpublished)   Author: Judge Mark Davis
Trafficking cocaine; plain error; harmless error; overwhelming evidence of guilt; evidence obtained as a result of warrantless searches
State v. Forney (17-631 - Unpublished)   Author: Judge Hunter Murphy
Miranda, Custodial Interrogation, Criminal Conspiracy, Trafficking Heroin
State v. Gates (17-772 - Unpublished)   Author: Judge John Arrowood
motion to dismiss; kidnapping; jury instructions; post arrest silence
State v. Goins (17-458 - Unpublished)   Author: Judge Wanda Bryant
Ineffective Assistance of Counsel
State v. Herrera (17-695 - Unpublished)   Author: Judge John Arrowood
State v. Jacobs (17-539 - Unpublished)   Author: Judge Wanda Bryant
Satellite-Based Monitoring; Aggravated Offense; Second-Degree Sex Offense; Clerical Error
State v. Johnson (17-412 - Unpublished)   Author: Judge Rick Elmore
Motion to suppress; reasonable suspicion; consensual encounter
State v. Lilly (17-835 - Unpublished)   Author: Judge Wanda Bryant
Frivolous Appeal
State v. Lloyd (17-838 - Unpublished)   Author: Judge Wanda Bryant
Frivolous Appeal; Habitual Felon
State v. Martinez (17-505 - Unpublished)   Author: Judge Chris Dillon
First degree murder; hearsay testimony; flight as evidence of guilt; testimony of detective regarding consistency of other witness testimony
State v. Mazariegos (17-685 - Unpublished)   Author: Judge Wanda Bryant
DWI; Motion to Suppress; Appreciable Impairment
State v. McAllister (17-614 - Unpublished)   Author: Judge Richard Dietz
Violation of domestic violence protective order; denial of motion to dismiss; variance between indictment and evidence; jury instructions
State v. Mitchell (17-706 - Unpublished)   Author: Judge John Arrowood
no contest plea; 404(b) evidence; jury instructions
State v. Riggins (17-571 - Unpublished)   Author: Judge Wanda Bryant
Anders Appeal
State v. Upright (17-678 - Unpublished)   Author: Judge Wanda Bryant
Harbison Violation; Ineffective Assistance of Counsel; Embezzlement
State v. White (17-214 - Unpublished)   Author: Judge Rick Elmore
Motion to suppress; reasonable suspicion; reasonable mistake of fact; traffic stop; vehicle search incident to arrest
State v. White (17-142 - Unpublished)   Author: Judge Mark Davis
Motion to suppress; N.C. Gen. Stat. § 15A-211 Electronic Recording of Interrogations; custodial interrogation; Miranda rights waiver; unpreserved error and failure to allege plain error; plain error review
State v. Whitehead (16-294-2 - Unpublished)   Author: Judge Richard Dietz
On remand from Supreme Court for reconsideration in light of State v. Brice; habitual impaired driving indictment; no error under Brice
State v. Wilson (17-750 - Unpublished)   Author: Judge Richard Dietz
Request for special jury instruction; felony hit and run; failure to remain at scene; excuse of leaving scene to avoid significant risk of injury; N.C. Gen. Stat. 20-166(a)
State v. Womack (17-635 - Unpublished)   Author: Judge Wanda Bryant
Frivolous Appeal; Felony Larceny
Thomson v. Holling (17-734 - Unpublished)   Author: Judge Ann Calabria
Finding of fact; Unsupported; Child support.
Vines v. McKoy (17-555 - Unpublished)   Author: Judge Wanda Bryant
Motion to Dismiss Appeal; Appellate Rules Violations

Filed: 16 January 2018
Mandate: 5 February 2018
Zip File of Published Opinions

Case Title / Description
Adams Creek Assocs. v. Davis  (16-1080 - Published)   Author: Judge Rick Elmore (View Supreme Court Opinion)
Civil contempt; appeal from order denying motion for custodial release; alleged inability to comply
Berry v. Berry  (17-700 - Published)   Author: Judge John Tyson
custody order; abuse of discretion; substantial evidence; allegations of sexual abuse; uncontested findings of fact; weight of expert testimony.
Brown v. Swarn  (17-683 - Published)   Author: Judge Chris Dillon
Service of Judgment, Time to Appeal, Actual Notice of Judgment, Burden of Proof, Modification of Custody Orders, Temporary, Permanent
In re: B.P.  (17-658 - Published)   Author: Judge Robert Hunter Jr.
Adjudication of Neglect; Adjudication of Dependency.
Kabasan v. Kabasan  (17-254 - Published)   Author: Judge Valerie Zachary
Equitable distribution: Expert witness?s valuation of deferred compensation
Lesh v. Lesh  (17-399 - Published)   Author: Judge Mark Davis
Rule 60(b)(6) motion to set aside irregular judgment; Rule 60(b)(4); equitable distribution order; consideration of military disability benefits as income for distributive award; Civil contempt order; present ability to pay; willful violation of order
Powell v. Kent  (17-708 - Published)   Author: Judge John Arrowood
uninsured motorist; summary judgment; statute of limitations; service
Rodriguez v. Lemus  (16-1285 - Published)   Author: Judge Lucy Inman
Criminal conversation; Alienation of Affection; Post-separation conduct; Pre-separation conduct
State v. Briggs  (17-583 - Published)   Author: Judge Valerie Zachary
Appeal and Error, Post-Conviction DNA Testing, Subject Matter Jurisdiction
State v. Forte  (16-513 - Published)   Author: Judge Donna Stroud
constitutional argument not preserved for appeal, motion to suppress
State v. Friend  (17-309 - Published)   Author: Judge Richard Dietz
Criminal Defendant's Right to be Heard Before Entry of Civil Judgment for Court-Appointed Counsel's Fees; Plain Error; Ineffective Assistance of Counsel
State v. Reed  (16-33-2 - Published)   Author: Judge Robert Hunter Jr. (View Supreme Court Opinion)
Reconvening Order; Traffic Stop; Reasonable Suspicion.
State v. Wyrick  (16-1244 - Published)   Author: Judge Phil Berger Jr.
Cross-examination; Post-arrest silence; Impeachment
Unpublished Opinions
16 January 2018  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 5 February 2018 

Cecchettini v. Cecchettini (17-556 - Unpublished)   Author: Judge Wanda Bryant
Interlocutory Order; Partial Summary Judgment; Rule 28(b)(4)
Crazie Overstock Promotions, LLC v. McVicker (16-932-2 - Unpublished)   Author: Judge Chris Dillon
Motion to Dismiss, Gambling, Governmental Immunity, Interlocutory
Dalton v. Dalton (17-622 - Unpublished)   Author: Judge Robert Hunter Jr.
Equitable Distribution.
In re: A.B.K. & H.S.K. (17-792 - Unpublished)   Author: Judge Chris Dillon
Termination of parental rights.
In re: Z.E., J.J., K.T. (17-776 - Unpublished)   Author: Judge Robert Hunter Jr.
Termination of Parental Rights.
IN RE: THE ADOPTION OF S.K.G. (17-638 - Unpublished)   Author: Judge John Arrowood
consent; NCGS § 48-3-601 Due Process
NC Farm Bureau Mut. Ins. Co. v. Lilley (16-998 - Unpublished)   Author: Judge Donna Stroud
Summary judgment venue
Picotte v. Hull (17-786 - Unpublished)   Author: Judge Robert Hunter Jr.
Russell v. Bldg. Materials Mfg. Corp. (16-1273 - Unpublished)   Author: Judge Lucy Inman
Tolling provision of Rule 3 and Rule 59(a) following an order granting summary judgment; Double recovery, damages, and unfair and deceptive trade practices
Sappington v. Sappington (17-127 - Unpublished)   Author: Judge Linda McGee
Child Support and Child Custody - Attorney's Fees and Best Interests
Sargent v. Edwards (17-623 - Unpublished)   Author: Judge Robert Hunter Jr.
Assault; Battery; Negligence; I.I.E.D.
State v. Battle (16-355-2 - Unpublished)   Author: Judge John Arrowood
affirmed pursuant to a remand from the Supreme Court
State v. Devega (16-1302 - Unpublished)   Author: Judge Robert Hunter Jr.
First Degree Murder; Armed Robberies; Sufficiency of Evidence; Victim Impact Evidence.
State v. Johnson (17-244 - Unpublished)   Author: Judge Wanda Bryant
Conspiracy; Robbery with a Dangerous Weapon; Special Jury Instruction
State v. Space (17-774 - Unpublished)   Author: Judge John Arrowood
motion to suppress; vehicle checkpoint

Filed: 2 January 2018
Mandate: 22 January 2018
Zip File of Published Opinions

Case Title / Description
Crowell v. Crowell  (17-164 - Published)   Author: Judge Wanda Bryant
Equitable Distribution; Distributive Award; Uniform Fraudulent Transfer Act
Cty. of Durham v. Hodges  (17-71 - Published)   Author: Judge Donna Stroud
ability to comply, noncompliance not wilful
In re: J.B.  (17-400 - Published)   Author: Judge Ann Calabria
Juvenile delinquency; Entity capable of owning property; Motion to dismiss; Sentencing; Dispositional alternatives
iPayment, Inc. v. Grainger  (16-908 - Published)   Author: Judge Lucy Inman
Waiver of the right to compel arbitration; Standard of review the denial of a motion to compel arbitration
Parker v. Desherbinin  (17-377-2 - Published)   Author: Judge John Tyson
Adverse possession under color of title, NCGS 1-38(a); adverse possession under 20 years continuous use, NCGS 1-40; findings of fact not supported by competent evidence; lappage; conclusions of law de novo review.
Ragsdale v. Whitley  (17-860 - Published)   Author: Judge John Arrowood
summary judgment; statute of limitations; competency
State v. Hendricksen  (16-1019 - Published)   Author: Judge Donna Stroud
robbery with a dangerous weapon, multiple punishments, different offenses, legislative intent
State v. Rankin  (17-396 - Published)   Author: Judge Mark Davis
Facial validity of indictment; essential elements of crime of littering; N.C. Gen. Stat. § 14-399 (a)
State v. Thompson  (17-477 - Published)   Author: Judge Valerie Zachary
Suppression motion
Unpublished Opinions
2 January 2018  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 22 January 2018 

Bost v. Heller (16-1176 - Unpublished)   Author: Judge Lucy Inman
N.C. Gen. Stat. 31-5.5; afterborn child's interest in real property
Hankins v. Hankins (17-186 - Unpublished)   Author: Judge Linda McGee
Pre-nuptial Agreement - Equitable Distribution
In re: A.A.L.D. (17-575 - Unpublished)   Author: Judge John Arrowood
TPR
In re: C.P. (17-639 - Unpublished)   Author: Judge Phil Berger Jr.
Neglected and dependent juvenile; Permanent plan of guardianship with relative; Reunification
In re: I.D.B. (17-780 - Unpublished)   Author: Judge John Arrowood
TPR; no merit brief
In re: A.L.M. & A.L.M. (17-547 - Unpublished)   Author: Judge Rick Elmore
Dependency; lack of appropriate alternative childcare arrangement; best interest; likelihood of adoption.
In re: J.H.S. & G.A.B. (17-628 - Unpublished)   Author: Judge Rick Elmore
termination of parental rights; neglect; Indian Child Welfare Act (ICWA)
In Re: L.C.J. & L.N.J. (17-552 - Unpublished)   Author: Judge Phil Berger Jr.
Termination of parental rights; Willful abandonment
Keels v. Frazier (16-978 - Unpublished)   Author: Judge Lucy Inman
Motion to Dismiss; Rules of Appellate Procedure; Insufficiency of Process; Insufficiency of Service of Process
State v. Baker (17-563 - Unpublished)   Author: Judge Chris Dillon
Constructive possession; sufficiency of evidence to support habitual felon charge.
State v. Boyles (17-348 - Unpublished)   Author: Judge Valerie Zachary
State v. Friday (17-343 - Unpublished)   Author: Judge Richard Dietz
Motion to suppress; Search following drug investigation; Incorrect address in search warrant; Other designations sufficient to identify premises to be searched
State v. Hill (17-529 - Unpublished)   Author: Judge Robert Hunter Jr.
Operating a vehicle to elude arrest; driving with license revoked; resisting public officer; arrest of judgment.
State v. Horton (17-460 - Unpublished)   Author: Judge Ann Calabria
Jury instruction; Impermissible opinion
State v. Liverman (17-394 - Unpublished)   Author: Judge Mark Davis
Rule of Evidence 401; Rule of Evidence 403; Statutory rape; incriminating letters written by defendant from jail
State v. Moore (17-183 - Unpublished)   Author: Judge Rick Elmore
Fourth Amendment; search and seizure; traffic stop; mistaken identity; reasonable suspicion
State v. Norwood (17-301 - Unpublished)   Author: Judge Valerie Zachary
Exploitation of an elder adult, Sufficiency of indictment
State v. Potter (17-677 - Unpublished)   Author: Judge Lucy Inman
Guilty Plea; Writ of Certiorari; Sentencing and Judgment
State v. Smith (17-153 - Unpublished)   Author: Judge Linda McGee
Attempted first-degree rape; Lesser-included offense instruction; Rule 404(b) evidence; extrinsic evidence of prior bad acts
State v. Smith (17-172 - Unpublished)   Author: Judge Wanda Bryant
Reasonable Suspicion; Search Warrant; Mail Stream; Motion to Suppress
State v. Smith (17-496 - Unpublished)   Author: Judge Valerie Zachary
Preservation and Error, Sufficient Evidence, Controlled Substances, Search and Seizure, Jury Instructions
State v. Stacks (17-770 - Unpublished)   Author: Judge John Tyson
Misdemeanor assault with a deadly weapon; self-defense; jury instruction; de novo review.
State v. Stephens-Maddox (17-542 - Unpublished)   Author: Judge Robert Hunter Jr.
Testimony Regarding Witness's Statement to Officer; Fifth Amendment.
State v. Thomas (17-313 - Unpublished)   Author: Judge Ann Calabria
N.C. Gen. Stat. Section 90-95(a)(1); Acting in concert; Sufficiency of the evidence; Multiple convictions and punishments based on same transaction
State v. Waddell (17-681 - Unpublished)   Author: Judge John Tyson
Plain error review; possession of methamphetamine; constructive possession; non-exclusive possession - other incriminating circumstances.
State v. Young (17-712 - Unpublished)   Author: Judge Ann Calabria
Admission of evidence; Prior bad acts; Right to remain silent
Terry v. Harris Teeter Supermarkets, Inc. (17-491 - Unpublished)   Author: Judge Richard Dietz
Workers' compensation; Occupational disease; Pre-existing personal susceptibility
Turnage v. Cunningham (17-222 - Unpublished)   Author: Judge Wanda Bryant
Implied Easement; Summary Judgment; Res Judicata; Collateral Estoppel; Judicial Estoppel