Court of Appeals Opinions
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Filed: 19 September 2023 Mandate: 9 October 2023 Zip File of Published Opinions Case Title / Description | |
| In re: N.M. (23-100 - Published)
N.C. Gen. Stat. § 75-2501(c); Factors; Written and oral findings | |
| Onnipauper LLC v. Dunston (23-151 - Published)
North Carolina Debt Collections Act; N.C. Gen. Stat. § 75-55(2); N.C. Gen. Stat. § 75-54(4); Landlord; Tenant; Fit Premises; Eviction; Public Utilities. | |
| Pinnacle Health Servs. of N.C. LLC v. N.C. Dep't of Health & Hum. Servs. (22-1042 - Published)
administrative law judge; certificate of need; findings of fact; whole record test | |
| Rook v. Rook (22-902 - Published)
UCCJEA; N.C. Gen. Stat. § 50A-201(a) (2021); Subject Matter Jurisdiction; Home State of Child; Six months prior to filing; Required findings; | |
| State v. Jacobs (22-997 - Published)
Reasonable suspicion; probable cause; unburned marijuana; inherent incredibility; testimonial credibility; deference | |
| State v. Livingston (22-678 - Published)
constructive possession, motion to dismiss, sufficiency of the evidence, possession of a firearm by a felon | |
| State v. Lynn (22-990 - Published)
Voir Dire; Alternate Jurors; Preservation; Ineffective Assistance of Counsel; Jury Instructions; Jury Polling | |
| State v. Singletary (22-1068 - Published)
N.C. Gen. Stat. § 15A-1345(e); Right to confrontation; Right to cross-examination; Sufficiency of the evidence; Probation revocation. | |
| Unpublished Opinions 19 September 2023 - Rule 30e - Zip File of Unpublished Opinions Mandate: 9 October 2023 | |
| Courtney Carter Homes, LLC v. Wynn Constr., Inc. (22-792 - Unpublished)
Summary Judgment; Breach of Contract; Unclean Hands | |
| Elwir v. The Boundary, LLC (22-961 - Unpublished)
Motion to strike affidavit for inconsistency; claims pleaded; existence of oral contract; summary judgment; issues of material fact | |
| In re: D.S.R., A.N.R., K.M.R., I.M.R. (23-344 - Unpublished)
termination of parental rights; No Merit brief; Rule 3.1(e); willful abandonment; neglect; motion to continue; no abuse of discretion. | |
| In re: H.G. (22-807 - Unpublished)
abused, neglected, and dependent juvenile; hearsay statements and circumstantial guarantees of trustworthiness; challenged findings of fact are recitations of witness testimony; ultimate findings must resolve the material conflicts in the evidence | |
| In re: J.L. (23-59 - Unpublished)
termination of parental rights, cessation of reunification efforts, no-merit brief, findings of fact based on clear and convincing evidence | |
| In re: K.R., K.B., L.R. (22-753 - Unpublished)
permanency planning order, neglect, visitation, constitutionally protected status as a parent | |
| In re: M.D.G. (22-875 - Unpublished)
involuntary commitment, record on appeal, file stamp | |
| In re: S.A.B.S. (22-830 - Unpublished)
Permanency Planning, Findings of Fact, Conclusions of Law, Child Custody, Guardian ad litem, Guardianship, Foster Parents, Consent Decree, Evidentiary Hearing | |
| Marecic v. Baker (23-38 - Unpublished)
Attorney’s fees pursuant to N.C. Gen. Stat. 50-13.6 | |
| Messick v. WalMart Stores, Inc. (22-1069 - Unpublished)
Industrial Commission; Injury-by-Accident | |
| Odindo v. Kanyi (23-437 - Unpublished)
interlocutory order; no grounds for immediate appellate review; dismissal | |
| Sloan v. Town of Mocksville (23-121 - Unpublished)
Covid-19; retaliatory discrimination; legitimate nondiscriminatory reason; pretext; summary judgment | |
| State v. Best (22-1050 - Unpublished)
motion to dismiss, second degree forcible sex offense, DNA swab, motion to dismiss, evidence of a sexual act, sufficiency of the evidence, evidence of penetration | |
| State v. Black (23-102 - Unpublished)
appeal dismissed; petition for writ of certiorari; untimely notice of appeal. | |
| State v. Cox (23-31 - Unpublished)
possession of a firearm by felon, motion to dismiss, substantial evidence | |
| State v. Cox (23-405 - Unpublished)
possession of cocaine; N.C. Gen. Stat. 90-95(a)(1) (2021); guilty plea; Anders brief; criminal appeal. | |
| State v. Daley (23-7 - Unpublished)
Sale of illegal drugs; Rejection of plea bargain; Failure to Object or Preserve; Waiver; Presumptive Range Sentences; Abuse of Discretion; | |
| State v. Fenner (23-6 - Unpublished)
N.C. Gen. Stat. § 15A-1242; waiver of counsel; voluntary and knowing; constitutional rights. | |
| State v. Fore (23-231 - Unpublished)
Constitutional question; due process; appropriate procedure; jail-credit | |
| State v. Gibbs (20-591-2 - Unpublished)
N.C. Gen. Stat. § 90-95(h)(4) (2017); N.C. Gen. Stat. § 90-87(18) (2017); Fentanyl; Opiate; Opium; Matter of law. | |
| State v. Hopkins (22-1010 - Unpublished)
Plain error; 206.14 pattern jury instructions; Verdict sheet; Charge conference; First-degree murder; Second-degree murder; Lesser included offense; Acquittal. | |
| State v. Ivey (22-1033 - Unpublished)
attorneys' latitude in closing arguments; no objection by defense counsel; trial court's duty to intervene ex mero motu | |
| State v. Johnson (22-1051 - Unpublished)
Alford plea; Motion to suppress; Writ of certiorari; N.C. Gen. Stat. § 15A-979; Statutory right to appeal. | |
| State v. Link (23-468 - Unpublished)
petition for writ of certiorari, motion to dismiss, acting in concert, larceny, felony habitual larceny | |
| State v. McSpadden (23-247 - Unpublished)
N.C.R. App. P. 4(a); N.C.R. App. P. 21(a)(1); trial court lacked jurisdiction to extend probation under N.C.G.S. 15A-1344(d); no finding of good cause to modify defendant’s probation after the probationary period expired; N.C.G.S. 15A-1344(f) | |
| State v. Moore (23-259 - Unpublished)
motion to suppress, reasonable suspicion, traffic stop, no error | |
| State v. O'Hanlan (23-279 - Unpublished)
motion for post-conviction DNA testing; N.C. Gen. Stat. 15A-269; defendant's burden to demonstrate "materiality" | |
| State v. Pitts (23-70 - Unpublished)
Anders review, Second degree sexual offense, forcible sexual offense, appellate counsel, frivolous issue, good faith argument. | |
| State v. Register (22-437 - Unpublished)
confrontation clause, waiver of counsel, continuance | |
| State v. Stephens (23-280 - Unpublished)
Clerical error; Sufficiency of the evidence; Judgment form dates | |
| State v. Streater (23-302 - Unpublished)
ineffective assistance of counsel, constructive possession, motion to dismiss | |
| State v. Thomas (23-158 - Unpublished)
Right to a unanimous verdict; N.C.G.S. 14-415.1 | |
| Venable v. GREP Se. LLC (23-218 - Unpublished)
settlement agreement, late payment, breach of contract |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 33 PETITIONS AND 195 MOTIONS.
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Filed: 12 September 2023 Mandate: 2 October 2023 Zip File of Published Opinions Case Title / Description | |
| Cohane v. The Home Missioners of Am. (22-143 - Published)
SAFE Child Act, revival provision for N.C. Gen. Stat. 1-52; statutory interpretation | |
| Gray Media Grp., Inc. v. City of Charlotte (23-154 - Published)
Public Records Act, Third-Party Possession, Constructive Possession, Attorney Fees | |
| McKinney v. Goins (22-261 - Published)
Revival of Statute of Limitations, Facial Constitutional Challenge, Law of the Land Clause, Substantive Due Process | |
| State v. Daniels (22-756 - Published)
Probation revocation, probation violation, improper factors | |
| State v. Todd (22-680 - Published)
motion for appropriate relief, ineffective assistance of counsel, fingerprints, sufficiency of the evidence, deficient performance, prejudice, Irick rule | |
| State v. Wright (22-996 - Published)
Writ of Certiorari, Reasonable Suspicion, Trespassing, Probable Cause, Voluntary Consent, Terry frisk. | |
| Clute v. Gosney (22-1074 - Published)
motion to dismiss; breach of contract; specific performance; separation agreement; statute of limitations; child support; attorney's fees | |
| Unpublished Opinions 12 September 2023 - Rule 30e - Zip File of Unpublished Opinions Mandate: 2 October 2023 | |
| Edwards v. Anderson (23-14 - Unpublished)
Abuse of discretion, custody determination, overnight guests | |
| In re: A.E., A.E., B.E., C.E., K.E. (23-28 - Unpublished)
UCCJEA, home state jurisdiction, child custody modification, termination of parental rights | |
| In re: A.F.F. & A.H.A. (23-125 - Unpublished)
Termination of parental rights, mental health treatment, dependency | |
| Michael Taylor v. Piney Grove (22-259 - Unpublished)
Revival of Statute of Limitations, Facial Constitutional Challenge, Law of the Land Clause, Substantive Due Process | |
| Montessori Sch. of Durham v. Fuchs. (22-741 - Unpublished)
breach of contract; summary judgment; nonrefundable tuition provision; frustration of purpose; damages; motion to compel; no abuse of discretion. | |
| State v. Jones (23-404 - Unpublished)
Direct Criminal Contempt, Notice of Appeal, Petition for Writ of Certiorari | |
| State v. Kirk Walter Nunez-Sarraios (23-306 - Unpublished)
Structured Sentencing Act, Date of Offense | |
| State v. LAURA CHRISTIAN GILES (22-1032 - Unpublished)
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| State v. Price (22-1064 - Unpublished)
expert opinion testimony; identity of narcotics; independent evaluation; Confrontation Clause; plain error | |
| State v. Putnam (23-78 - Unpublished)
Grossly improper, closing arguments | |
| State v. Rivers (23-176 - Unpublished)
Attempted First-Degree Murder; Appellate Rules 2 and 10; Double Jeopardy; Prejudicial Error; Assault with a Deadly Weapon with Intent to Kill Inflicting Serious Injury | |
| State v. Russell (22-1059 - Unpublished)
DWI, Substitute Expert Testimony, Confrontation Clause | |
| State v. Sanders (20-428 - Unpublished)
Motion To Suppress, Fourth Amendment, Seizure, N.C.Constitution Art. I Sec. 20 | |
| State v. Sloan (23-272 - Unpublished)
attorneys' fees, opportunity to be heard, writ of certiorari | |
| State v. Smallwood (23-195 - Unpublished)
Prejudicial Error, N.C. Gen. Stat. 15A-1443 | |
| State v. Taylor (22-1020 - Unpublished)
Rule 404(b); Rule 403; Plain Error; Ineffective Assistance of Counsel | |
| State v. Tillman (22-630 - Unpublished)
discharging a weapon into an occupied dwelling; motion to dismiss; felony classification; attorney's fees; certiorari |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 33 PETITIONS AND 195 MOTIONS.
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Filed: 5 September 2023 Mandate: 25 September 2023 Zip File of Published Opinions Case Title / Description | |
| B & D Integrated Health Servs. v. N.C. Dep't of Health & Hum. Servs. (23-44 - Published)
Single State Agency – NCDHHS - Medicaid. - 42 U.S.C. § 1396a(a)(5); Local Management Entity/Managed Care Organization; Review of “Adverse Determination” - N.C. Gen. Stat. § 108C-2(1); OAH Subject Matter Jurisdiction; NCAPA N.C. Gen. Stat. §§ 150B-1 to 52; Necessary or Proper Party; Terms of the Contract; Post Hoc Rationalization; Order not reviewed; | |
| Brown v. Brown (22-870 - Published)
equitable distribution; application; affidavit; equitable estoppel; waiver | |
| Cowperthwait v. Salem Baptist Church, Inc. (22-374 - Published)
failure to prosecute, selection of sanction, abuse of discretion | |
| Diener v. Brown (23-66 - Published)
breached of separation agreement, specific performance, arrearages, military retirement pay | |
| Gantt v. City of Hickory (21-767-2 - Published)
N.C. R. Civ. P. 41; relation back; statute of limitations; voluntary dismissal; standing; rehearing. | |
| Howell v. Cooper (22-571 - Published)
Motion to dismiss; N.C. Gen. Stat. § 1-277; Sovereign Immunity; Least intrusive remedy; N.C. Const. art. I, § 1; N.C. Const. art. I, § 19; Fruits of labor; Law of the land; Substantive due process; Stating a Constitutional claim | |
| In re: C.J.B. (22-853 - Published)
termination of parental rights; willful abandonment; willfulness; restrictive parole conditions; no contact provision. | |
| In re: S.C. (22-965 - Published)
self-incrimination, juvenile, adjudicatory hearing | |
| Jones v. J. Kim Hatcher Ins. Agencies, Inc. (22-1030 - Published)
Agency, fiduciary duties, insurance, negligence, contributory negligence, liability. | |
| Rose v. Powell (23-163 - Published)
12(b)(6); grandparent visitation; grandparent custody; defacto family | |
| State v. Calderon (22-822 - Published)
Indecent liberties with a child; N.C. Gen. Stat. 14-202.1; touching versus sexual act; separate and distinct acts; continuous acts. | |
| State v. Robertson (23-24 - Published)
plea arrangements; plea withdrawal | |
| Unpublished Opinions 5 September 2023 - Rule 30e - Zip File of Unpublished Opinions Mandate: 25 September 2023 | |
| Bank of Am., N.A. v. Lemagni (22-1019 - Unpublished)
judgment renewal; standing | |
| Burns v. Luth (23-251 - Unpublished)
adverse possession; hostility element; planted trees | |
| Casa Advisors, LLC v. Sheets (22-1039 - Unpublished)
Joint venture; interlocutory appeal | |
| Colonial Plaza Phase Two, LLC v. Cherry's Elec. Tax Servs., LLC (23-159 - Unpublished)
N.C. R. App. P. 3(c); Missing file stamp; Notice of appeal; Subject matter jurisdiction. | |
| Deatley v. Deatley (22-1070 - Unpublished)
Equitable Distribution; Findings on Distributional Factors; Sufficiency of the Evidence | |
| Holmes v. Blackmon (23-119 - Unpublished)
landlord liability to a third party; premises liability; dog bite | |
| In re: B.C. (23-75 - Unpublished)
termination of parental rights; best interests of the child; likelihood of future neglect | |
| In re: B.C.B. (23-79 - Unpublished)
PWC; termination of parental rights; abuse, neglect, dependency; | |
| In re: E.I.H. (22-928 - Unpublished)
Terminate his Parental Rights; Failure to pay support of child – six months; N.C. Gen. Stat. § 7B-1111(a)(3) One ground sufficient to terminate; | |
| In re: H.R.M. (23-97 - Unpublished)
Termination of parental rights, clear, cogent and convincing evidence, willful abandonment, ineffective assistance of counsel. | |
| In re: I.M. & I.M. (22-966 - Unpublished)
3.1; Termination of parental rights; neglect; dependency; N.C. Gen. Stat. § 7B-1111(a)(9) | |
| In re: S.R.A. (22-1009 - Unpublished)
Incarceration, Failure to Make Reasonable Progress, Best Interest Determination | |
| In re: Z.H.T. & D.M.T. (22-979 - Unpublished)
Termination of parental rights; unchallenged findings of fact and conclusions of law; no-merit brief; N.C. R. App. P. 3.1(e). | |
| Lakemper v. N.C. Dep't of Pub. Safety (23-87 - Unpublished)
Pro Se; Subject Matter Jurisdiction; Industrial Commission; Negligence; Tort Claims Act | |
| Latham-Hall Techs. v. Vecoplan, LLC (23-286 - Unpublished)
appeal dismissed, compulsory counterclaim under Rule 13(a), breach of contract, quantum meruit, underlying suit no longer pending | |
| Roberts v. Roberts (23-54 - Unpublished)
motion to dismiss; quiet title; unjust enrichment; mootness; statute of limitations | |
| Rosewood Est. I, LP v. Drummond (23-118 - Unpublished)
Lease Agreement; Summary Ejectment; Judgment for Possession | |
| Seymore v. Hartman (23-144 - Unpublished)
Civil Procedure Rule 53 | |
| Shook v. N.C. Dep't of Pub. Safety (22-755 - Unpublished)
Unacceptable personal conduct; Administrative law judge; Dismissal; Inmate; Administrative hearing; Whole record test; De novo; Findings of Fact; Conclusions of Law | |
| State v. Bacot (23-172 - Unpublished)
Anders v. California; State v. Kinch; prejudicial error; mitigating factors; presumptive range; prior record level; calculation | |
| State v. Carver (22-1040 - Unpublished)
Plain error; defense of another; castle doctrine; initial aggressor; attempted voluntary manslaughter; testimony; probable impact; ineffective assistance of counsel | |
| State v. Gatling (22-821 - Unpublished)
self-defense pattern jury instructions; no duty to retreat; stand your ground provision; prejudicial error | |
| State v. Gill (23-50 - Unpublished)
Anders brief; wholly frivolous; no appeal of right under N.C. Gen. Stat. 15A-1444; N.C. Gen. Stat. 15A-979(b); motion to suppress; reasonable suspicion. | |
| State v. Goings (23-128 - Unpublished)
lesser included offenses | |
| State v. Gonzalez (22-1022 - Unpublished)
trial court did not abuse its discretion by not appointing Defendant an interpreter; plain error analysis does not extend beyond issues involving jury instructions or evidentiary matters; defense counsel did not render ineffective assistance of counsel by not requesting an interpreter | |
| State v. Hairston (22-939 - Unpublished)
Rule 702, prejudicial error, expert witness, expert testimony, opinion testimony | |
| State v. Johnson (23-52 - Unpublished)
Plain error; motion to suppress; trial court’s questioning of witnesses | |
| State v. Jordan (23-2 - Unpublished)
Motion for Appropriate Relief; Larceny from a Merchant; PWC; N.C. Gen. Stat. § 14-72.11(2); | |
| State v. Marler (22-964 - Unpublished)
indecent liberties, expert testimony, motion to dismiss, sentencing | |
| State v. Moorer (23-281 - Unpublished)
DWI; Admission of Body Camera Video; Plain Error; | |
| State v. Parker (22-764 - Unpublished)
Case Descriptors: Right to Counsel; Sixth Amendment; Motion to Continue | |
| State v. Parry (23-292 - Unpublished)
Revoke; Probation; Expired; Good cause; Remanded | |
| State v. Pratt (22-937 - Unpublished)
Second Degree Murder; IAC; Motions to Continue; Imperfect self defense; Mitigated sentence; | |
| State v. Pritchett (22-805 - Unpublished)
Child Abuse; Definition of Caretaker; Motion to Dismiss | |
| State v. Rector (22-803 - Unpublished)
First degree murder, voluntary intoxication, motion to suppress, robbery with a dangerous weapon, 5th amendment, 8th amendment | |
| State v. Summers (22-980 - Unpublished)
trial court did not prejudicially err by admitting recorded statement that Defendant had previously shot his cousin; trial court did not plainly err in its limiting instruction to the jury; Defendant's challenge to the denial of his motion for appropriate relief dismissed because Defendant failed to appeal from the order | |
| State v. Thompson (23-61 - Unpublished)
assault; distinct interruption; multiple assault charges | |
| State v. Whitcher (22-871 - Unpublished)
sexual assault on a minor; expert testimony; witness credibility | |
| State v. Williams (22-1015 - Unpublished)
DRE expert testimony; indications of impairment; driving while impaired. | |
| Town of Rural Hall v. Garner (23-185 - Unpublished)
Judgment on the pleadings; De novo; N.C. Gen. Stat. § 159-28; Preaudit certificate; Contract; Void; Sovereign immunity | |
| WR Imaging LLC v. N.C. Dep't of Health & Hum. Servs. (22-1008 - Unpublished)
OAH, Certificate of Need, State Medical Facility Plan |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 33 PETITIONS AND 195 MOTIONS.
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Filed: 15 August 2023 Mandate: 5 September 2023 Zip File of Published Opinions Case Title / Description | |
| Arter v. Orange Cnty. (23-86 - Published)
municipal ordinance; zoning districts; land use; buffers; de novo; statutory interpretation | |
| Edwards v. Town of Louisburg (22-688 - Published)
declaratory judgment; N.C.G.S. 100-2.1; protection of monuments, memorials, and works of art; Open Meetings Law; summary judgment; standing; mootness | |
| In re: A.N.B. (22-934 - Published)
Rule of Appellate Procedure 3.1, willful abandonment, N.C. Gen. Stat. 7B-1111(a)(7) | |
| In re: Inhaber (22-927 - Published)
Court's inherent authority to discipline attorneys; Notice | |
| In re: P.L.E. (22-793 - Published)
Guardianship; Visitation; Kinship placement; Required Findings; | |
| Shepenyuk v. Abdelilah (22-702 - Published)
Marriage license and ceremony; Religious marriage ceremony; Marriage requirements; Full faith and credit clause; Rule 12(b)(6); Post separation support; Alimony; Equitable distribution; Interim distribution; Va. Code Ann. § 20-13; Presumption of marriage; Marriage by estoppel; Virginia law. | |
| State v. Brown (22-525 - Published)
recanted testimony, testimony, verdict, confrontation clause, motion for appropriate relief, evidentiary hearing, alford plea, petition for writ of certiorari, motion to dismiss appeal. | |
| State v. Spera (22-814 - Published)
Mistrial; Larceny; Motion To Dismiss; Intent; Lesser-Included Offense | |
| State v. Wiley (22-899 - Published)
N.C. Gen. Stat. § 15A-1211; juror residency; excused juror | |
| Wilson Cty. Bd. of Educ. v. Ret. Sys. Div. (22-1027 - Published)
contribution cap-factor, retirement allowance, administrative law judge, petition for judicial review, superior court, jurisdiction, impairment of contract, employment contract, sound basic education, retroactivity, motion to dismiss | |
| Unpublished Opinions 15 August 2023 - Rule 30e - Zip File of Unpublished Opinions Mandate: 5 September 2023 | |
| Abbott v. Abernathy (22-901 - Unpublished)
Rule 60(b); standing; default judgment | |
| In re: B.R.C. (23-34 - Unpublished)
N.C. Gen. Stat. § 7B-1111(a)(1), (2), (4), (6), and (7); alternative childcare arrangement | |
| In re: Campbell (22-842 - Unpublished)
Nonjurisdictional Appellate Rules Violation; Rule 28(b)(6); Dismissal | |
| In re: D.A., B.A., C.A. (23-15 - Unpublished)
N.C. Gen. Stat. § 7B-1111; Parental rights; Neglect; Termination of parental rights; Willful failure to make reasonable progress; Domestic violence; Substance abuse; Case plan; Discretion of trial court; drug screens. | |
| In re: G.P.C. (22-913 - Unpublished)
Termination of Parental Rights; Failure to Make Reasonable Progress; Deportation of Parent | |
| In re: I.J.M., M.G.R., O.S.R. (22-1021 - Unpublished)
termination of parental rights without prior adjudication; neglect; dependency | |
| In re: K.H. (22-738 - Unpublished)
involuntary commitment, dangerousness to self, impartial tribunal | |
| In re: M.G.G. (23-84 - Unpublished)
Termination of Parental Rights; ICWA; ICWA Notice Requirements; ICWA Reason To Know; Indian Child | |
| In re: P.W. (22-912 - Unpublished)
3.1; Termination of parental rights; neglect; dependency; N.C. Gen. Stat. § 7B-1111(a)(1); N.C. Gen. Stat. § 7B-1111(a)(2); N.C. Gen. Stat. § 7B-1111(a)(3) | |
| In re: R.D., III (22-826 - Unpublished)
termination of parental rights; N.C.G.S. 7B-1111(a)(2); willful failure to correct the conditions that led to the removal of the juvenile; lack of reasonable progress; best interest of the juvenile; N.C.G.S. 7B-1110(a); absence of an adoptive placement for a juvenile at the time of a termination hearing; required findings supported by competent evidence | |
| In re: R.L.R. (22-995 - Unpublished)
termination of parental rights; neglect; willful abandonment; sufficiency of pleadings | |
| Langtree Dev. v. JRN Dev., LLC (22-1016 - Unpublished)
Contract; Contract interpretation; Conditional language; Descriptive language; Summary judgment; Jury instruction; Issue preservation; N.C. R. App. P. 10(a)(2) | |
| Lowrey v. Choice Hotels Int'l, Inc. (22-837 - Unpublished)
motion to change venue as a matter of right; motion for leave to amend complaint | |
| McLaughlin v. Royal Homes Realty of N.C., LLC (22-941 - Unpublished)
Summary judgment; Arbitration; Interlocutory; Collateral estoppel; Issue preclusion; Fraud; Negligent misrepresentation; UDTPA; Realtor; Contractor; Duty to disclose. | |
| McMurray v. McMurray (22-904 - Unpublished)
attorney fees; separation agreement; QDRO | |
| Monell v. Hubbard (22-1071 - Unpublished)
Domestic Violence Protection Order; Findings of Fact; Due Process. | |
| Oxford Hous. Auth. v. Glenn (22-841 - Unpublished)
24 C.F.R. § 966.4; notice of lease termination; Public Housing Authority | |
| Savage v. N.C. Dep't of Transp. (22-673 - Unpublished)
Dept of Transportation, drivers license, drivers education, program specialist | |
| State v. Beatty (22-948 - Unpublished)
Motion to Suppress; Anonymous Tip; Fourth Amendment Search; Search Warrant; Informant | |
| State v. Bryant (22-876 - Unpublished)
Preservation of error; Flight; Jury instructions; Instructions on flight; N.C. Gen. Stat. § 15A-1443. | |
| State v. Connelly (22-789 - Unpublished)
larceny after breaking or entering, felony breaking or entering, jury instruction, prior bad acts | |
| State v. Grissett (22-200 - Unpublished)
1st degree murder, 2nd degree murder, ineffective assistance of counsel, jury instruction | |
| State v. Martin (22-963 - Unpublished)
N.C. Gen. Stat. § 14-51.2; N.C. Gen. Stat. § 14-51.3; Self-defense; Defense of habitation; Discontinued all efforts to unlawfully and forcefully enter the home; Curtilage; N.C. Gen. Stat. § 7A-455(b); Attorney’s fees | |
| State v. Richard (22-357 - Unpublished)
self-defense, mens rea, and ineffective assistance of counsel. | |
| State v. Rodgers (22-632 - Unpublished)
touch DNA, expert testimony, Rule 702 | |
| Trull v. Chavez (22-729 - Unpublished)
contributory negligence, proper lookout, speeding, N.C. Gen. Stat. 20-1 |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 33 PETITIONS AND 195 MOTIONS.
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Filed: 1 August 2023 Mandate: 21 August 2023 Zip File of Published Opinions Case Title / Description | |
| Crowell v. Crowell (22-737 - Published)
distribution of marital debt, equitable distribution, subject matter jurisdiction, injunction | |
| Fun Arcade, LLC v. City of Hickory (22-557 - Published)
Ocean Fish King; Fish games; N.C. Gen. Stat. § 14-306.4; Gift Surplus LLC; Sweepstakes; Sweepstakes machine; Electronic sweepstakes; Expert affidavit; Chance; Skill; Game of chance; Game of skill; State v. Gupton; Motion to continue; Rule 5(a1); Rule 6(a); Date calculation; Date inclusion; Service; Service deadline. | |
| GreaseOutlet.com, LLC v. MK S. II, LLC (22-648 - Published)
lease, amendment, renewal option, estoppel, ratification | |
| Hinman v. Cornett (22-481 - Published)
Easement; Access easement; Ingress; Egress; Regress; Right of way easement; Chain of title; Prescriptive easement; Adverse possession; Hostile; Adverse possession of easement; OCEAN; Trespass; Nuisance fence; Motion to dismiss; Summary judgment; Statute of Limitations; Mistake. | |
| In re: E.Q.B., M.Q.B., S.R.R.B. (22-736 - Published)
Termination of parental rights, neglect and abandonment, no-contact order | |
| In re: K.B., A.M.H., M.S.H. (22-597 - Published)
home study, visitation, guardianship | |
| State v. Bridges (22-208 - Published)
right to conflict-free counsel, ineffective assistance of counsel, renewed motion to withdraw | |
| State v. McDonald (22-672 - Published)
Prayer for judgment continued, prayer of judgment following similar crime, seven-year delay, indeterminate continuance period, factors for reasonableness | |
| State v. Patton (22-994 - Published)
Interference with a Witness; Intent; Jury Instructions | |
| Unpublished Opinions 1 August 2023 - Rule 30e - Zip File of Unpublished Opinions Mandate: 21 August 2023 | |
| Campbell v. A1A Arc of Dunn, LLC (23-58 - Unpublished)
Discovery Orders; Interlocutory Appeal; Substantial Right; Appellate Jurisdiction | |
| Icenhour v. Icenhour (23-26 - Unpublished)
Alimony Modification; Substantial Change in Circumstances; Contempt | |
| In re: A.M.H., M.P.H., Jr., K.D.H. (23-89 - Unpublished)
termination of parental rights; neglect | |
| In re: B.A.G., M.C.G., Jr., P.D.G. (23-184 - Unpublished)
Termination of parental rights; N.C. Gen. Stat. 7B-1111(a)(1); Neglect; Sufficient evidence; Findings of Fact; Conclusions of Law; Affirmed | |
| In re: D.W., Jr. (22-991 - Unpublished)
termination of parental rights, neglect, failure to make reasonable progress | |
| In re: E.M.E., M.T.E. (22-924 - Unpublished)
Private Termination Action; Willful Abandonment; Incarceration; Best Interest Determination | |
| In re: K.M. & K.M. (23-32 - Unpublished)
Termination of Parental Rights, Failure to Provide Reasonable Support | |
| In re: L.D.M. (22-739 - Unpublished)
guardianship, visitation, reasonable progress | |
| In re: L.S., W.S., Jr., D.S. (22-818 - Unpublished)
neglected juvenile; sexual abuse; challenged findings of fact; clear and convincing evidence; environment injurious to the juvenile’s welfare; abuse or neglect of a sibling; prior abuse and additional risk factors; credibility of the witnesses | |
| In re: W.H.F. (22-947 - Unpublished)
termination of parental rights; grounds for termination; willful abandonment; willfulness; abuse of discretion; best interest of juvenile; guardian ad litem; attorney advocate | |
| Kaplan v. Kaplan (22-923 - Unpublished)
| |
| Kaplan v. Kaplan (23-1 - Unpublished)
alimony, attorney fees, post separation support, arrearages | |
| N.C. Citizens for Transparent Gov't, Inc. v. The Vill. of Pinehurst (23-69 - Unpublished)
statute of limitations, statutory interpretation, time-barred | |
| Olschner v. Goines (22-944 - Unpublished)
exceptions to standing in lawsuits naming an estate; N.C. Gen. Stat. § 28A-13-3(a)(7), (15); interlocutory order | |
| State v. Jordan (22-533 - Unpublished)
discharging a weapon into an occupied dwelling, plain error, lack of prejudice | |
| State v. Lytle (22-968 - Unpublished)
Motion to suppress; possession of controlled substances; plain view; manipulation of property | |
| The N.C. State Bar v. Irek (22-667 - Unpublished)
Motion for Relief from Judgment; Rule 60(b)(6) and Rule 60(b)(4); Disciplinary Hearing | |
| U.S. Acquisition, LLC v. Mouser (22-973 - Unpublished)
confessed judgment, statue of limitations, breach of contract |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 33 PETITIONS AND 195 MOTIONS.
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|
Filed: 18 July 2023 Mandate: 7 August 2023 Zip File of Published Opinions Case Title / Description | |
| In re: A.J., J.C., J.C. (22-522 - Published)
Neglect and dependency; Hearsay Evidence; Residual Exception; Statement of Party Opponent; Corporal Punishment; Parental Prerogatives; Residence and schools; | |
| In re: A.J.L.H., C.A.L.W., M.J.L.H. (20-267-2 - Published)
(View Supreme Court Opinion) Disposition Order; Parental Visitation; Abuse of Discretion; Required Factors to deny visitation; | |
| Reints v. WB Towing Inc. (22-1031 - Published)
Rule 52; Rule 12(b)(7); Motion to Dismiss; Failure to Join Necessary Party. | |
| State v. George (23-62 - Published)
Ineffective Assistance of Counsel; Anders Brief; Pro se Brief; Independent Review | |
| State v. Holliday (22-852 - Published)
trafficking in fentanyl by possession; "absolute impasse" rule; attorney-client relationship; trial tactics | |
| State v. Moua (22-839 - Published)
Motion to Suppress; Voluntary Consent; Fourth Amendment; N.C. Gen. Stat 15A-979(b); Right to Appeal from Denial of Motion to Suppress; PWC | |
| State v. San (22-664 - Published)
Competent Evidence; Traffic Stop; Fourth Amendment; Motion to Suppress; Vehicle Search | |
| State v. Smith (22-880 - Published)
first-degree murder; murder; murder by torture; starvation; sexual assault; felonious child abuse by committing a sexual act; indecent liberties with a child; statutory rape; expert testimony. | |
| Unpublished Opinions 18 July 2023 - Rule 30e - Zip File of Unpublished Opinions Mandate: 7 August 2023 | |
| Blizzard v. Joyner (23-43 - Unpublished)
Child custody; temporary order; reasonable time passed between entry of the temporary order and motion to calendar the matter for hearing; no finding of a substantial change in circumstances; best interests of the child. | |
| In re: A.G.L. (22-891 - Unpublished)
termination of parental rights; conclusions of law; findings of fact; willfulness; willfully left juvenile in foster care for more than 12 months; failed to make reasonable progress to correct conditions that lead to the removal; substance abuse | |
| In re: A.L.C.H. (22-1061 - Unpublished)
no-merit brief; termination of parental rights; N.C.R. App. P. 3.1(e) | |
| In re: D.P. (22-809 - Unpublished)
dependency; neglect; ceased reunification efforts; clear and convincing evidence; substance abuse; care and supervision; environment injurious to juvenile's welfare; newborn; | |
| In re: D.W. (22-849 - Unpublished)
Termination of Parental Rights; Permanency Planning; N.C. Gen. Stat. § 7B-1110(a)(4); visitation | |
| In re: E.J-K., E.J-K., E.J-K. (22-861 - Unpublished)
inadmissible hearsay, unchallenged findings of fact | |
| Manzoeillo v. PulteGroup, Inc. (21-722 - Unpublished)
gross negligence, contributory negligence, and adequate allegation of facts | |
| Mendez v. Mendez (22-647 - Unpublished)
Child custody; Child support; Equitable distribution; Abuse of discretion; Physical abuse; Judicial notice; Best interests of the child; Marital property; N.C. Gen. Stat. § 50-20; Contribution; In-kind distribution. | |
| State v. Banks (22-317 - Unpublished)
Failure to preserve objection; Plain error review; No prejudice; | |
| State v. Belfield (22-769 - Unpublished)
satellite-based monitoring; Static-99; findings of fact; State v. Kilby, 198 N.C. App. 363, 679 S.E.2d 430 (2009); State v. Jones, 234 N.C. App. 239, 758 S.E.2d 444 (2014) | |
| State v. Bonds (22-920 - Unpublished)
First-degree murder; Rule 404(b); Character evidence; Other crimes, wrongs, or acts; Interrogation; Interview; Objection; No Error | |
| State v. Dover (20-362-2 - Unpublished)
motion for mistrial, instructional error, and curative instruction | |
| State v. Hines (22-824 - Unpublished)
satellite-based monitoring; reportable conviction; Appellate Rules violations | |
| State v. Mitchell (22-749 - Unpublished)
Voluntary manslaughter; First-degree murder; Second-degree murder; Jury instruction; Verdict form, Lesser included offense; Harmless error; Prejudicial error; de novo review; State v. Price. | |
| State v. Rasay (22-908 - Unpublished)
preservation; statutory mandate; sentencing | |
| The Roman Catholic Diocese of Brooklyn, N.Y. v. Tighe (22-905 - Unpublished)
motion to dismiss, jurisdiction |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 33 PETITIONS AND 195 MOTIONS.
|
|
Filed: 5 July 2023 Mandate: 25 July 2023 Zip File of Published Opinions Case Title / Description | |
| Boulware v. The Univ. of N.C. Bd. of Governors (22-840 - Published)
Termination of Public Employment; Substantial Evidence – Duty to Report; Misapprehension of Law; The Clery Act 20 U.S.C. § 1092; Post-hoc change in justification; Competent Evidence; | |
| Foxx v. Davis (22-1014 - Published)
paving a road running through an easement did not constitute maintenance or repair, declaratory judgment action, reformation claim barred by statute of limitations, unjust enrichment, breach of contract | |
| Gavia v. Gavia (22-651 - Published)
findings of fact; competent evidence; child support; necessary party; decretal language; amount of child support; consent order; arrears; prospective child support | |
| In re: A.H. (22-683 - Published)
Abuse; Neglect; Adjudication and Disposition; Sufficiency of the Evidence; Unsupported Findings of Fact | |
| In re: N.B. & N.W. (22-796 - Published)
abused, neglected, and dependent juveniles; temporary emergency jurisdiction; home-state jurisdiction; UCCJEA | |
| State v. Burris (22-408 - Published)
driving while impaired, warrantless blood draw, curative instruction, exigent circumstances | |
| State v. Gardner (22-781 - Published)
lesser-included offense; jury instruction; voluntary manslaughter | |
| State v. Hocutt (22-851 - Published)
Plain Error; Hearsay; Rule of Evidence 803(5); New Trial | |
| State v. Legrand (22-586 - Published)
Motion to Dismiss; Attempted Armed Robbery; Attempted Murder; Prior Record Level; Prior Out-of-State Convictions | |
| State v. Taylor (22-788 - Published)
Second-Degree Murder; Prior Charges as Rule 404(b) malice; Rule 702; Reliable Methods; DWI; Defective Indictment; Prior Record Levels; Resentencing; | |
| Zander v. Orange Cnty. (22-691 - Published)
School Impact Fees; Fee Refunds; Summary Judgment; Local Ordinances; Statutory Interpretation; Damages | |
| Unpublished Opinions 5 July 2023 - Rule 30e - Zip File of Unpublished Opinions Mandate: 25 July 2023 | |
| Foxx v. Street (23-71 - Unpublished)
petition for removal of sheriff from public office; subject-matter jurisdiction; motion to dismiss | |
| Foxx v. Street (23-73 - Unpublished)
petition for removal of sheriff from public office; subject-matter jurisdiction; motion to dismiss | |
| In re C.R'M.T., C.L.T., C.R.T., C.W.T. (22-843 - Unpublished)
Parental Rights; Permanency Planning Hearing; Subject Matter Jurisdiction; Clear, Cogent, and Convincing Evidence; Recitation of Testimony; Guardianship; | |
| In re: A.H., D.H., B.H., P.H. (22-833 - Unpublished)
nonsecure custody order; neglect and dependency | |
| In re: A.L., A.L., Jr. (22-916 - Unpublished)
Termination of Parental Rights; N.C. Gen. Stat. § 7B-1111(a)(1)-(2), (7); No-merit brief; N.C. R. App. P. 3.1(e). | |
| In re: A.L.J.W. & P.L.H.W. (22-986 - Unpublished)
Termination of Parental Rights; No Merit Brief; Termination Grounds; Best Interest of Child | |
| In re: A.M.H.B. (22-711 - Unpublished)
Willful abandonment; findings of fact; conclusions of law; no material conflict in evidence; willfulness; no abuse of discretion | |
| In re: Corbett (22-618 - Unpublished)
attorneys’ fees and costs; estate expenses; N.C.G.S. 6-21(2); subject-matter jurisdiction; appellate jurisdiction; N.C.R. App. P. 3(d); reasonableness of attorneys’ fees; locality | |
| In re: Corbett (22-526 - Unpublished)
Will; Trust; Caveat; Sufficient evidence; Jury trial; Testamentary capacity; Undue influence; Devisavit Vel Non; Delusions; Hallucinations; Doctrine of judicial estoppel; Judgment notwithstanding the verdict; Directed verdict; Abuse of discretion; De novo; Rule 59(a)(8); Rule 401; Rule 403 | |
| In re: J.S. (22-878 - Unpublished)
Termination of parental rights; right to counsel; motion to withdraw; substitution of appointed counsel; lack of notice of intent to withdraw; vacate and remand. | |
| In re: K.S. & J.S. (22-942 - Unpublished)
Termination of Parental Rights; Challenged Findings of Facts; Termination Grounds for Neglect; Willful Failure to Make Reasonable Progress | |
| In re: Lance (22-1048 - Unpublished)
N.C. Gen. Stat. 31-3.3; will caveat; trial court's denial of the caveator's motions for direct verdict and motion for judgment notwithstanding the verdict. | |
| In re: M.N-R.S. (22-759 - Unpublished)
7B-906.1(n); Findings to Cease Permanency Hearings; Visitation; 7B-905.1(c); Cost of Visitation | |
| In Re: N.W., A.T., K.T., S.T., & M.T. (22-355 - Unpublished)
abuse; neglect; dependency; abuse of discretion to allow counsel to withdraw at the start of the adjudication hearing | |
| In re: S.G.S. (22-868 - Unpublished)
termination of parental rights; willful abandonment | |
| In re: T.A.C. & I.M.C. (22-857 - Unpublished)
Termination of Parental Rights; Private Action; Willful Abandonment; Neglect; Abuse; Likelihood of Future Abuse and Neglect | |
| In re: Z.A.G. (22-815 - Unpublished)
termination of parental rights, dependency, neglect, willful abandonment | |
| In the Matter of C.L. and C.L. (22-946 - Unpublished)
N.C. Gen. Stat. § 7B-1111(a)(1); TPR; termination of parental rights; standard of proof; clear, cogent, and convincing evidence; neglect; abandonment | |
| Laura Sue Tuel v. Anthony Ryan Tuel (23-20 - Unpublished)
child custody; the mandate rule; inconvenient forum | |
| Mary Betts v. NC Dep't of Health & Human Serv.s--
Cherry Hosp. (22-324 - Unpublished)
claim for extended compensation; N.C.G.S. 97-29(c); disability; total loss of wage-earning capacity; required findings of fact; competent record evidence; causal connection; unchallenged findings | |
| Nancy Monda v. Timothy L. Matthews, Jr., and Kelly Banigan (22-1041 - Unpublished)
N.C. R. Civ. P. 12(b)(6) and N.C. R. Civ. P. 12(c); nuisance per accidens | |
| Rodriguez v. Mabe Steel, Inc. (22-999 - Unpublished)
Industrial Commission opinion and award; Adaptive housing expenses | |
| Sharon Underwood v. Ingles Mkt.s, Inc. (23-42 - Unpublished)
Use of unauthorized physician; Jurisdiction of the Industrial Commission; E-mailed service of Opinion and Waard; Appeal to Full Commission; Excusable Neglect; | |
| Smith v. Piedmont Triad Anesthesia, P.A. (22-464 - Unpublished)
administrative negligence claims; exclusion of expert testimony under Rule 702; medical malpractice | |
| State of N. Carolina v. Harry Junior Ford (23-23 - Unpublished)
NCPI-Crim. 208.41 simple assault; N.C. Gen. Stat. § 7A-455(b); court-appointed attorney’s fees; notice and opportunity to be heard | |
| State of N. Carolina v. Michele Lee Gannon (22-827 - Unpublished)
motion to dismiss; substantial evidence; felony fleeing to elude arrest; aggravating factors; reckless driving; without due caution and circumspection | |
| State v. Dancy (22-1055 - Unpublished)
Lay witness testimony; opinion testimony; Rule 701; closing arguments; ex mero motu. | |
| State v. Garcia (22-791 - Unpublished)
Sentencing; Absolute impasse; Allocution statement; Ineffective assistance of counsel; Mitigating factors; Aggravating factors; Presumptive range; Voluntary manslaughter; Writ of certiorari; N.C. R. App. P. 9(b)(5)(b); Structured Sentencing Act; N.C. Gen. Stat. § 15A-1340.16. | |
| State v. McCarty (22-388 - Unpublished)
no error in denying motion to dismiss; no plain error in admitting challenged evidence; no ineffective assistance of counsel | |
| State v. McCormick (22-690 - Unpublished)
Human trafficking; acting in concert jury instructions; documentary exhibits; lay opinion testimony; cumulative error | |
| State v. Painter (22-864 - Unpublished)
second-degree murder; evidence of malice; prior bad acts | |
| State v. Purvis (22-897 - Unpublished)
duplicative court costs; writ of certiorari | |
| State v. Stokes (22-898 - Unpublished)
disseminating an obscenity; disclosure of private images; motion to dismiss | |
| State v. Thompson (22-682 - Unpublished)
post-conviction DNA testing; court-appointed counsel; rape; kidnapping | |
| Walsh v. Street (23-72 - Unpublished)
petition for removal of sheriff from public office; subject-matter jurisdiction; motion to dismiss |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 33 PETITIONS AND 195 MOTIONS.
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|
Filed: 20 June 2023 Mandate: 10 July 2023 Zip File of Published Opinions Case Title / Description | |
| Mann v. Huber Real Est., Inc. (22-956 - Published)
breach of fiduciary duty, unfair and deceptive trade practices, no genuine issue of material fact regarding whether Realtor called the sales contract a "standard" contract or whether Realtor advised Plaintiff to seek legal advice prior to signing the sales contract. | |
| In re: M.L.C. (22-784 - Published)
Personal Jurisdiction; General Appearance; Ineffective Assistance of Counsel | |
| In re: Chastain (22-649 - Published)
Removal and disqualification of an elected official from N.C. office; N.C. Constitution Articles IV and VI; Clerk of Court; appropriate standard of review; egregious misconduct | |
| Jarman v. Twiddy & Co. of Duck, Inc. (22-422 - Published)
Motion to Change Venue; Third-Party Beneficiaries; Equitable Estoppel; Forum-Selection Clause | |
| Johnson v. Lawing (22-754 - Published)
modify custody order, motion to show cause, child's wishes, best interests | |
| Tillman v. Jenkins (22-531 - Published)
custody action between grandparent and parent; temporary and permanent custody orders; standing | |
| Maynard v. Crook (22-794 - Published)
trial court properly granted motion to dismiss slander of title and invasion of privacy claims under Rule 12(b)(6), but erroneously dismissed claims under Rule 12(c); trial court did not abuse its discretion by denying Rule 59 and 60 motions, but abused its discretion by denying Rule 52 motion | |
| N.C. State Bd. of Educ. v. Minick (22-303 - Published)
service, N.C. Gen. Stat. 150B-46, petition for judicial review | |
| State v. Furtch (22-643 - Published)
motion to suppress, guilty plea, reservation of right to appeal, supporting affidavit, traffic stop, pat-down, K-9 free air sniff, possession of methamphetamine | |
| State v. Minyard (22-962 - Published)
Attempted Sexual Assault; Indecent liberties; Habitual felon; Motion to appropriate relief; Competency to stand trial; Sua Sponte competency hearing; Structural error; Harmless error; | |
| State v. Colt (22-514 - Published)
criminal; motion to dismiss; corpus delicti rule; intent to conceal death of child who did not die by natural causes; substantial evidence; confession; evidence; relevance; confrontation clause; testimonial evidence | |
| State v. Jackson (22-922 - Published)
fleeing to elude arrest; sufficient evidence of specific intent to elude | |
| State v. Miller (22-453 - Published)
invited error; plain error; prior record level calculation | |
| Southland Nat'l Ins. Corp. v. Lindberg (22-1049 - Published)
breach; fraud; fraudulent inducement; main purpose; remedies; severability; compensatory damages; punitive damages; specific performance; cross appeal; judicial notice | |
| Unpublished Opinions 20 June 2023 - Rule 30e - Zip File of Unpublished Opinions Mandate: 10 July 2023 | |
| Aziz v. Heatherstone (22-819 - Unpublished)
Final judgment; Jury trial; Issue of fact; Issue of law; Rule 9; Rule 50; Rule 59; Motion to amend; Motion to dismiss; Motion for sanctions; Declaratory Judgment Act; Abuse of discretion; Homeowners association; functus officio; Notice of appeal | |
| In re A.G. & N.D. (22-656 - Unpublished)
neglected juvenile; abused juvenile; reasonable efforts for reunification | |
| In Re Almanzar (22-911 - Unpublished)
foreclosure; statute of limitations; neutral trustee | |
| In Re J.A.H., B.A.H., B.A.H. (22-945 - Unpublished)
Termination of parental rights; Juvenile; Neglect; N.C. Gen. Stat. 7B-1111(a)(1), (a)(2), (a)(6); Sufficient evidence; Abuse of discretion; Best interests of the child; Reasonable progress; Parental compliance with case plan; Mental illness | |
| In Re L.M., Jr., A.M., J.G.-T., Q.J., Jr. (22-655 - Unpublished)
Adjudication of neglect, non-secure custody of four children, domestic violence, applicability of parents' sexual conduct | |
| In re N.G. (22-722 - Unpublished)
Termination of parental rights; best interest of the child; N.C. Gen. Stat. § 7B-1110; unchallenged findings are binding on appeal; any relevant consideration; disposition; abuse of discretion | |
| In re: A.C. and L.C. (22-709 - Unpublished)
Physical and Legal Custody; Permanency Planning and Review Hearing; Supervised Visitation; Incomplete Transcript; Unsupported Findings of Fact; Conclusions of Law; Scrivener’s Error; | |
| State v. Charles Eubanks (22-451 - Unpublished)
assault with a deadly weapon with intent to kill inflicting serious injury; jury instructions; prejudicial error | |
| State v. Desmon Locklear (22-308 - Unpublished)
plain error, N.C. R. App. P. 10(a)(4), disciplinary hearing | |
| State v. Jermaine Lemont Galloway (22-960 - Unpublished)
ineffective assistance of counsel; Harbison | |
| State v. Kennedy (22-676 - Unpublished)
Rule of Evidence 701; Prior Inconsistent Statement; Review for Plain Error | |
| Steele v. N.C. Department of Pub. Safety (23-77 - Unpublished)
tort claims act; negligence |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 33 PETITIONS AND 195 MOTIONS.
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|
Filed: 6 June 2023 Mandate: 26 June 2023 Zip File of Published Opinions Case Title / Description | |
| Crowell v. Crowell (22-111 - Published)
Law of the Case, Multiple Appeals, Money Judgment | |
| In re: A.R.B. (22-694 - Published)
Termination of parental rights, Rule 60(a), clerical amendment, substantive amendment, clear, cogent, and convincing evidence, adjudicatory stage, standard of proof, amended order, original order. | |
| In re: M.S., L.S., A.S. (22-615 - Published)
Constitutional Parental rights; Care, custody, companionship,and control; Adjudication and disposition; Ceasing DSS reunification efforts; Ceasing visitation; N.C. Gen. Stat. § 7B-906.1; N.C. Gen. Stat. § 7B-905.1; Required findings of fact; | |
| In re: N.T., K.M., & A.C. (22-582 - Published)
ceasing reunification efforts; eliminating reunification as a permanent plan; guardianship; unexplained skull fracture; best interests determination | |
| Jessey Sports, LLC v. The Intercollegiate Men's Lacrosse Coaches Ass'n (22-882 - Published)
Contract; Interlocutory appeal; Interlocutory order; Wage and Hour Act; Unjust enrichment; Jurisdiction; Substantial right; Inconsistent verdicts; Two trials; Alternative pleading; Corporation; Individual; Employee; Person; N.C. Gen. Stat. § 95-25. | |
| Kassel v. Rienth (22-825 - Published)
consent order; specific performance; contract interpretation; time is of the essence; Rule 60 Motion; Rule 11 Sanctions; real property. | |
| Payin v. Foy (22-735 - Published)
failure to cause a summons to be timely issued | |
| Semelka v. The Univ. of N.C. (22-831 - Published)
Collateral estoppel; Whistleblower Action | |
| State v. Smith (22-719 - Published)
first-degree murder; lesser-included instruction; special instruction for minors | |
| State v. Hefner (22-435 - Published)
Habitual felon; Predicate offense; South Carolina; Jury instruction; N.C.P.I.-Crim. 203.10; N.C. Gen. Stat. § 14-7.1; S.C. Code Ann. § 16-13-30; Grand larceny; Indictment; N.C. R. App. P. 10; N.C. R. App. P. 2; N.C. Gen. Stat. § 14-7.3; Statutory amendment. | |
| State v. Gidderon (22-681 - Published)
First-degree murder; Reopen jury voir dire; N.C. Gen. Stat. § 15A-1214(g); Waiver; No Error; | |
| State v. Storm (22-685 - Published)
Bailment, Conversion, and Fungible Assets | |
| Unpublished Opinions 6 June 2023 - Rule 30e - Zip File of Unpublished Opinions Mandate: 26 June 2023 | |
| Christopher G. Chagaris v. Nicholas Shane Harden (22-810 - Unpublished)
alienation of affection, criminal conversation, summary judgment | |
| Clark v. Gillespie (22-535 - Unpublished)
boundary dispute, adverse possession, summary judgment, processioning | |
| ED v. Char-Meck Bd of Educ (23-16 - Unpublished)
expulsion; interlocutory appeal; PWC | |
| Godley v. New Hanover Med. Grp. (22-823 - Unpublished)
Workers' compensation; Parsons presumption; Industrial Commission opinion and award | |
| In re A.N. (22-498 - Unpublished)
Abuse; Neglect; Unfitness; Acting inconsistent with constitutionally protected status; Domestic violence; N.C.Gen. Stat. Sec. 75-906.1(j); Impermissible delegation of judicial requirement to establish minimum outline of visitation; Guardianship; Legal significance of guardianship. | |
| In re D.T. (22-544 - Unpublished)
visitation, N.C. Gen. Stat. 7B-905.1, abuse, neglect, dependency | |
| In re EJR, MJR, EKJR, NRJ, & AEF (22-686 - Unpublished)
Rule 3.1 parental termination; willful abandonment | |
| In re H.K.S. (22-289 - Unpublished)
insufficient findings of fact; findings did not support conclusion that parental rights were subject to termination for either neglect or failure to legitimate | |
| In re J.C.,T.C., J.C. Jr., A.C. (22-799 - Unpublished)
No Merit Brief; N.C. R. App. P. 3.1(e); 7B-1111(a)(1); 7B-1111(a)(2) | |
| In re L.I.C.M., C.E.M. (22-650 - Unpublished)
N.C. Gen. Stat. § 7B-1111(a); neglect and dependency | |
| In re M.J.B. (22-497 - Unpublished)
Permanency planning order; findings that parents are unfit or acted inconsistent with their constitutionally protected parental rights; legal guardianship; insufficient findings regarding the circumstances of juvenile?s injury and parents? culpability. | |
| In re M.N., A.C., L.P., and P.P. (22-472 - Unpublished)
child custody, transfer of venue, reasonable efforts to reunite, dispositional order | |
| In re N.M. (22-674 - Unpublished)
Neglected and dependent; Failure to make reasonable progress; Best Interests; Termination of parental rights; N.C. Gen. Stat. Sec. 7B-1111(a)(1)-(3), (6). | |
| In re T.G. (22-504 - Unpublished)
Juvenile petition; abuse neglect and dependency; subject matter jurisdiction; conflicting evidence; findings of fact; de novo review; petition for writ of certiorari. | |
| In re WJM (22-733 - Unpublished)
Involuntary Commitment; Dangerousness to self or others; Burden of Proof; Incorporating findings of fact; Unsupported conclusions of law; | |
| IN RE: A.H.F., A.M.F. (22-778 - Unpublished)
Termination of Parental Rights; Appropriate, Appropriate Childcare Arrangements; NC Gen Stat. § 7B-1111(a)(6); incarcerated parent; pending criminal charges against parent | |
| In Re: B.S.T., K.M.T., & L.M.T. (22-410 - Unpublished)
findings of fact supported termination of parental rights; neglect | |
| In re: C.A.P. (22-484 - Unpublished)
Adjudication of abuse and neglect; cessation of reunification efforts at initial disposition; N.C. Gen. Stat. 7B-901(c)(1)(f); insufficient findings. | |
| In the Matter of the Estate of Patrick Lee Smith, Deceased (23-17 - Unpublished)
North Carolina Rules of Appellate Procedure; nonjurisdictional requirements; party?s noncompliance; substantial failure; gross violation | |
| N.C. Dep't of Pub. Safety v. Joe T. Locklear (22-890 - Unpublished)
Just cause; Wetherington factors; N.C. Gen. Stat. 126-35(a); burden of proof; N.C. Gen. Stat. 126-34.04(d); N.C. Dep't of Env't & Natural Res. v. Carroll, 358 N.C. 649, 599 S.E.2d 888 (2004); mitigating factors; Wetherington I, 368 N.C. 583, 780 S.E.2d 543 (2015); Wetherington II, 270 N.C. App. 161, 840 S.E.2d 812 (2020) | |
| Nationstar Mtge., LLC dba Mr. Cooper v. Mark P. Melaragno. (22-743 - Unpublished)
Summary judgment, Judicial foreclosure, Allonge, Note, Holder | |
| Richard J. Batten, Jr. and Carinna Batten (22-1052 - Unpublished)
motion to dismiss; 12(b)(6); failure to state a claim; breach of contract; oral contract; fraud in the inducement; unfair and deceptive trade practices; negligent misrepresentation; attorney?s fees. | |
| Roger Skenes v. Ingle, Adm. of Estate of Charles Gates, Jr. (22-459 - Unpublished)
vehicle ownership, title, damages, estate | |
| Rogers v. Wells Fargo Bank, N.A. (22-978 - Unpublished)
Rule 12(b)(6); Res Jurdicata; Preclusive effect; Class action; | |
| Sripathi v. Rayala (22-816 - Unpublished)
final divorce judgment; Rule(6)(b)(1) motion; excusable neglect; mistake | |
| State v. Abee (22-832 - Unpublished)
Defendant appeals from judgment after a jury convicted him of conspiracy to sell and possession of narcotics. On appeal, Defendant argues the trial court erred by: (1) denying Defendant’s motion to dismiss the charges of conspiracy to sell narcotics and possession of narcotics; and (2) not intervening ex mero motu during the State’s cross-examination of Defendant. After careful review, we discern no error. | |
| State v. Amy Jo Crotts (22-697 - Unpublished)
Controlled substance; Evidence suppression; Reasonable articulable suspicion; Issue preservation; Unreasonable searches and seizures; Traffic stop; Totality of the circumstances; Innocent conduct; Double jeopardy; Waiver; Motion to dismiss; Substantial evidence; Sufficiency of evidence; Reasonable inference; N.C. Gen. Stat. § 90-95; N.C. Gen. Stat. § 90-87; Methamphetamine possession; Cocaine possession; Cocaine delivery; Circumstantial evidence; Knowingly possessed; Expert testimony; Plain error; Probable impact; Reliable principles and methods; Reliability test; Rule 702; Chemical analysis; Speculation. | |
| State v. Arsenio DeWayne Curtis (22-596 - Unpublished)
plain error, ineffective assistance of counsel, conflict of interest | |
| State v. Brandon Wayne Morefield (22-470 - Unpublished)
Ineffective assistance of counsel; Motion to dismiss; Constructive possession; Possession of a controlled substance; Other incriminating circumstances; Unavailable witness; Hearsay exception. | |
| State v. DeLeon (22-468 - Unpublished)
Probation Revocation; Absconding; Sufficiency of the Evidence; Abuse of Discretion. | |
| State v. Devonte Cantey (22-693 - Unpublished)
Anders; Probation Revocation | |
| State v. Horton (22-988 - Unpublished)
Notice of appeal; Rule 4; Oral notice - criminal cases; Written notice; Jurisdiction; Dismissal; | |
| State v. Jedidiah Crabtree (22-936 - Unpublished)
jury instruction on proximate cause; felony serious injury by vehicle | |
| State v. Joyner (22-718 - Unpublished)
clerical errors on judgment and commitment form | |
| State v. Kagen Fransward Williams (22-395 - Unpublished)
voluntary intoxication, closing argument, jury instruction | |
| State v. Kenneth Lanord Mills (22-900 - Unpublished)
self defense, jury instructions, first degree murder, reputation testimony | |
| State v. Keon Tekoas Smith (22-774 - Unpublished)
Motion to Dismiss, Sufficiency of the Evidence, Second-Degree Kidnapping | |
| State v. Mark Jones (22-454 - Unpublished)
motion to dismiss, second degree kidnapping, aggravating factor, multiple conspiracies | |
| State v. Sipes (22-604 - Unpublished)
sexual battery, second degree kidnapping, Rule 404(b) | |
| State v. Travon Jhamal Wiggins (22-265 - Unpublished)
foundation; authentication; relevance; Rule 403; unfair prejudice; photographs; illustrative evidence; burglary; robbery with a dangerous weapon. |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 33 PETITIONS AND 195 MOTIONS.
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Filed: 16 May 2023 Mandate: 5 June 2023 Zip File of Published Opinions Case Title / Description | |
| Cullen v. Logan Developers, Inc. (22-223 - Published)
Home Builder, Contributory Negligence, Gross Negligence, Summary Judgment | |
| In re: D.C. & J.C. (22-751 - Published)
Mandate; binding; plain language; clear, cogent, and convincing evidence; N.C. Gen. Stat. Section 7B-1111(a)(2); willfulness; best interests; abuse of discretion; N.C. Gen. Stat. Section 7B-1110(a)(3)-(4) | |
| Devalle v. N.C. Sheriffs' Educ. & Training Standards Comm'n (22-256 - Published)
Good Moral Character Rule, Arbitrary and Capricious, Substantial Evidence, Justice Officer Certification | |
| State v. White (22-369 - Published)
motion to dismiss; larceny; obtaining property by false pretenses; single-taking rule | |
| State v. Gunter (22-669 - Published)
Publish Aiding & Abetting Possession of a Firearm by a Felon; Motion to Dismiss; Fatal Defect; Sufficiency of the Indictment; | |
| State v. Sharpe (22-491 - Published)
Motion to Dismiss for Insufficient Evidence; Constructive Possession; Possession of a Firearm by a Felon | |
| State v. Reber (22-130 - Published)
Rape of a child; Sex offense with a child; Text messages; Rule 404(b); Sexual abuse; Plain error; Character evidence; Closing argument; Ex mero motu. | |
| State v. Mahatha (20-656 - Published)
Harbison error, implicit concession by counsel, statutory duty to disclose | |
| State v. Wilkie (22-94 - Published)
circumstantial evidence, first-degree murder, motion to dismiss | |
| Thiagarajan v. Jaganathan (22-745 - Published)
notice of appeal; Appellate Rule 3(c)(1); computation of time | |
| Unpublished Opinions 16 May 2023 - Rule 30e - Zip File of Unpublished Opinions Mandate: 5 June 2023 | |
| Anderson v. Zhang (22-61 - Unpublished)
interlocutory, preliminary injunction, appellate jurisdiction | |
| In re A.M.B. (22-505 - Unpublished)
Termination of parental rights; Willful failure to make reasonable progress; N.C. Gen. Stat. § 7B-1111; Poverty | |
| In re A.T. and A.T. (22-752 - Unpublished)
termination of parental rights, failure to make reasonable progress, neglect | |
| In re C.P. (22-760 - Unpublished)
Termination of parental rights; Rule 3.1(e); no-merit brief; neglect | |
| In re H.M. (22-552 - Unpublished)
Termination of Parental Rights; Likelihood of Future Neglect; N.C. Gen. Stat. § 7B-1111(a)(1) | |
| In Re J.A.M., K.W.M. & R.L.A. (22-687 - Unpublished)
TPR; Neglect Grounds; Dependency Grounds; Fitness To Parent at Time of Termination Hearing; TPR not sought for all children. | |
| In re JEH and ZMH (22-590 - Unpublished)
permanency planning order; elimination of reunification efforts; N.C. Gen. Stat. § 7B-906.2(d); termination order | |
| In re S.H., C.H. (22-698 - Unpublished)
termination of parental rights; no-merits brief | |
| In re S.Y., A.Y., & K.Y. (22-653 - Unpublished)
Termination of parental rights, due process, effect of new child in same home when no proceedings have been brought regarding new child, neglect, likelihood of repetition of injurious environment | |
| In re. D.M.C. (22-593 - Unpublished)
Termination of Parental rights; Willful abandonment; Finding of Facts; Clear cogent convincing; | |
| In re: J.R., J.R., J.R., Jr. (22-404 - Unpublished)
Rule 3.1; termination of parental rights; adjudication stage; neglect | |
| Matter of R.D.R., K.J.R., & J.E.R. (22-777 - Unpublished)
Termination of Parental Rights; Willful Abandonment; Neglect by Abandonment | |
| Mooney Versus Fastenal Co. (22-940 - Unpublished)
non-jurisdictional defects; N.C.R. App. P. 28(b)(6); N.C.R. App. P. 9, 11; N.C.R. App. P. 3(d) | |
| State of N. Carolina v. Anthony Lamonte Lucas (22-612 - Unpublished)
Alford plea; Motion to Suppress; Petition for Writ of Certiorari | |
| State of N. Carolina v. John D. Canoy (22-1038 - Unpublished)
Anders brief; Guilty plea; Possession of methamphetamine; Possession of drug paraphernalia; Probation violation; Conditional Discharge. | |
| State v. Bryant (22-820 - Unpublished)
petition for writ of certiorari; Alford plea; clerical error | |
| State v. Carlton Harris (22-728 - Unpublished)
first degree murder; motion to suppress; Rule 106 completeness doctrine; ex mero motu | |
| State v. Cephus (22-886 - Unpublished)
Motion to continue; abuse of discretion; prejudice; ineffective assistance of counsel. | |
| State v. Creech (22-679 - Unpublished)
prejudicial error, impeachment value of evidence, assault on a female | |
| State v. Daniel Parker (22-574 - Unpublished)
prejudicial error, motion to continue, failure to intervene | |
| State v. Jordan Alexander Rivera (22-720 - Unpublished)
Sixth Amendment; confrontation; cross-examination; credibility; closing argument; improper remark. | |
| State v. Randy Turner (22-887 - Unpublished)
substitution of an alternate juror after deliberations have begun; N.C.G.S. 15A-1215(a); right to be present at every essential stage of trial; unpreserved constitutional arguments; PWC | |
| State v. Richard Humphrey (22-558 - Unpublished)
plain error; improper character evidence; rule of evidence 404(b); prior acts; motion to suppress; felony drug possession; ineffective assistance of counsel; dismissal without prejudice. | |
| State v. Terrance Brown (22-850 - Unpublished)
Armed robbery; larceny; larceny of a firearm; kidnapping; terrorizing; motion to dismiss; N.C. Gen. Stat. § 14-87; N.C. Gen. Stat. § 14-72; N.C. Gen. Stat. § 14-39; intent; specific intent. | |
| Stephens-Bey v. Duke Univ. Med. Ctr. (22-1017 - Unpublished)
motion to dismiss; Rules of Appellate Procedure; abandoned issues |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 33 PETITIONS AND 195 MOTIONS.
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Filed: 2 May 2023 Mandate: 22 May 2023 Zip File of Published Opinions Case Title / Description | |
| Baker v. Reinhardt (22-744 - Published)
Summary Judgment; Worker's Compensation Act; Subject Matter Jurisdiction; Willful, Wanton and Reckless Negligence. | |
| Brewer v. Rent-A-Ctr. (22-296 - Published)
Compensable injury; Parsons presumption; Competent evidence; Credibility; Weigh evidence; Form 63; Industrial commission; Burden of proof; Burden of production; Expert evidence; Expert testimony; Speculation. | |
| Chahdi v. Mack (22-461 - Published)
Doctrine of sudden emergency; negligence; brake failure; static conditions; jury instructions; immediate action to avoid injury; prejudicial error; prudent man standard; substantial evidence; N.C. R. App. P. Rule 3(d) appellate review; unpreserved; interlocutory Order; final Judgment | |
| Brown v. Brown (22-765 - Published)
equitable distribution; marital property; military pension; bankruptcy discharge; N.C.G.S. 50-19.1 | |
| In re: K.C. (22-396 - Published)
Non-offending parent; Initial removal of child from custody of parent; Parent's paramount constitutional right to custody; Disposition hearing; Socioeconomic factors. | |
| In re: N.D.M. (22-483 - Published)
termination of parental rights; ICWA; active efforts; | |
| Marlow v. TCS Designs, Inc. (22-862 - Published)
interlocutory, substantial right, motion to dismiss, exclusivity provision, Workers' Compensation Act, arising out of employment, motion to stay, Fifth Amendment privilege | |
| Pugh v. Howard (20-533 - Published)
Confederate monuments; Rule 12(b)(1); Rule 12(b)(6); standing | |
| Torres v. City of Raleigh (22-447 - Published)
Governmental immunity, personal jurisdiction, four procedural postures, full evidentiary hearing, proprietary or governmental mission or purpose of employee, mission or purpose determined by duty assigned | |
| State v. Chisholm (22-659 - Published)
felonious speeding to elude arrest; motion to dismiss; substantial evidence; reasonable opportunity to observe speed. | |
| State v. Lamb (22-477 - Published)
motion to suppress; scope of cross-examination; waiver; invited error | |
| State v. Cannon (22-572 - Published)
Motion to suppress; Warrantless blood draw; Exigent circumstances; Motion to dismiss; Totality of the circumstances; Appreciable impairment; Aggravated felony serious injury by vehicle; Impaired driving; N.C. Gen. Stat. § 20-141.4; N.C. Gen. Stat. § 20-138.1. | |
| Welch v. Welch (22-448 - Published)
A motion for a DRO after entry of a distribution award is not barred by the statute of limitations on actions upon judgments; Domestic relations order; Qualified domestic relations order; IRA; ERISA; N.C. Gen. Stat. § 50-20.1; Equitable distribution order; Statute of Limitations; Post-judgment order. | |
| Unpublished Opinions 2 May 2023 - Rule 30e - Zip File of Unpublished Opinions Mandate: 22 May 2023 | |
| Bell Enter.s v. SFI Grp. (22-758 - Unpublished)
Breach of lease contract, unpaid rent, validity of oral agreement as modification or rescission, statute of frauds, recordation, privity of contract, standing, material breach as release of further duties | |
| Gardner., v. Richmond Cnty. (21-600 - Unpublished)
interlocutory, substantial right, appellate jurisdiction | |
| Gittens v. Helms (22-783 - Unpublished)
admission of cellphone records; right to confrontation | |
| Hedgepeths v. Smoky Mountain Country Club Prop. Owners Ass'n, Inc.. (22-773 - Unpublished)
Rule 12(b)(6) motion to dismiss; N.C. Debt Collection Act; N.C. Unfair and Deceptive Trade Practices Act; N.C Planned Community Act | |
| In re CSB (22-1025 - Unpublished)
Anders Brief, Kinch, pro se brief, no meritorious issues identified | |
| In re GRD, GTD, GTD, ELD, MRD (22-637 - Unpublished)
TPR; GAL program; N.C.G.S. 7B-601; N.C.G.S. 7B-1108; dispositional findings; pre-adoptive placements; best interests determination | |
| In re L.R.-A.. (22-519 - Unpublished)
Rule 3.1; TPR; neglect; likelihood of future neglect | |
| Ismael Vidales Vasquez v. Dubai, LLC.. (22-660 - Unpublished)
necessary party; contribution; joint tortfeasor | |
| Jose Figueroa v. Laura St. Clair (22-907 - Unpublished)
Harassment; Specific Intent; N.C. Gen. Stat. Ann. § 50C-1(6); N.C. Gen. Stat. § 14-277.3A(b)(2) | |
| Precision Mach. Design, LLC v. JBD Holdings, Inc. (22-838 - Unpublished)
Enforcability of Non-Compete Agreement; Breach of Non-Compete Agreement; Lack of Transcript or Narrative | |
| State v. Harris (18-952-3 - Unpublished)
Satellite-based monitoring; Fourth Amendment reasonableness; aggravated offender. | |
| State v. Jermaine Stubbs (22-802 - Unpublished)
Motion to set aside bond forfeiture; N.C. Gen. Stat. 15A-544(f); no statutory authority to set aside. | |
| State v. Joshua McRavion (22-631 - Unpublished)
habitual felon; missing exhibit; adequate alternative | |
| State v. Justin Tyler Mizell (22-550 - Unpublished)
special conditions of probation; prosecutor's statements at sentencing | |
| State v. Kevin McRae (22-614 - Unpublished)
Writ of certiorari; Traffic stop; Fourth Amendment; Motion to suppress; N.C. R. App. P. 4; N.C. R. App. P. 21; Plea agreement; Waive right to appeal; N.C. Gen. Stat. § 15A-979; Discretionary review. | |
| State v. Sando (22-508 - Unpublished)
Prior sexual abuse; character evidence; rape shield statute; relevance; pertinent character traits; prior sexual activity | |
| STATE v. SANTOS ANSELMO (22-903 - Unpublished)
Plain error, voluntary intoxication instruction |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 33 PETITIONS AND 195 MOTIONS.
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Filed: 18 April 2023 Mandate: 8 May 2023 Zip File of Published Opinions Case Title / Description | |
| D.W. v. Onslow Cnty. Bd. of Educ. (22-770 - Published)
subject matter jurisdiction, mootness, long term suspension | |
| Fonvielle v. N.C. Coastal Res. Comm'n (22-742 - Published)
N.C. Gen. Stat. § 113A-121.1(b); timeliness; whole record test; substantial evidence; 15A N.C. Admin. Code 07J.0204(b)(5)(B); CAMA minor permit; actual notice; adjacent riparian landowner | |
| In re: B.M.S. (22-701 - Published)
termination of parental rights; neglect; willfully left juvenile in foster care or placement outside of the home for more than 12 months; | |
| In re: Custodial L. Enforcement Agency Recording (22-399 - Published)
subject matter jurisdiction, standing, Section 132-1.4A, AOC form | |
| In re: D.H. (22-639 - Published)
involuntary commitment; N.C. Gen. Stat. 122C-268(j); mental illness; dangerousness to self | |
| In re: K.J.E. (22-591 - Published)
termination of parental rights, willful abandonment, best interest determination, adjudication portion of hearing, new disposition hearing | |
| In re: K.J.M. (22-385 - Published)
neglected juvenile, substantial risk of impairment or harm, lack of caretaker | |
| In re: M.B. (22-462 - Published)
Temporary emergency jurisdiction; N.C. Gen. Stat. 50A-201; UCCJEA; Uniform Child Custody Jurisdiction and Enforcement Act; initial custody determination; home state | |
| PennyMac Loan Servs., LLC v. Johnson (22-629 - Published)
motion to dismiss; amended pleadings; futility of amendment; abuse of discretion; force-placed insurance; reasonable basis. | |
| Read v. Read (22-782 - Published)
Equitable Distribution; Statute of Limitations | |
| State v. Cuthbertson (22-92 - Published)
Batson, remand, step three, susceptibility to racial discrimination | |
| State v. Demick (22-415 - Published)
Aggravating Factors; Ambiguous Verdict; Motion to Dismiss; Serious Bodily Injury; Serious Physical Injury; Verdict Sheet; Felony and Misdemeanor Child Abuse; Lesser-Included Offenses; Jury Instruction; Corporal Punishment; Ineffective Assistance of Counsel. | |
| State v. Johnson (22-363 - Published)
Motion to suppress; Search and seizure; Arrest warrant; Protective sweep; Terry frisk; Search warrant; Plain view; Reasonable suspicion; Probable cause; | |
| State v. King (22-469 - Published)
driving while impaired conviction; aggravating factors not found by a jury; reckless driving conviction | |
| Sturdivant v. N.C. Dep't of Pub. Safety (22-421 - Published)
workers' compensation, temporary total disability benefits, extended benefits | |
| Venters v. Lanier (22-854 - Published)
defective notice of appeal; motion to reconsider summary judgment; motion to amend admissions | |
| Unpublished Opinions 18 April 2023 - Rule 30e - Zip File of Unpublished Opinions Mandate: 8 May 2023 | |
| Foster v. Foster (22-786 - Unpublished)
Equitable distribution | |
| Hager v. Buchanan (22-617 - Unpublished)
Motion to Enforce Settlement Agreement; Summary Judgment | |
| In re A.S. (22-301 - Unpublished)
Termination of parental rights, failure to make reasonable progress, findings of fact. | |
| In re B.M. (22-302 - Unpublished)
Termination of parental rights, repetition of neglect, best interests, bond | |
| In re I.W. (22-540 - Unpublished)
Termination of Parental Rights; Willful Abandonment; Incarceration | |
| In re J.B. (22-304 - Unpublished)
Termination of parental rights, jurisdiction, UCCJEA. | |
| In re J.G. (22-467 - Unpublished)
Statutory Mandate Findings; Section 7B-911; Continued DSS intervention Not Required; Termination of Juvenile Court Jurisdiction; Transfer to Civil Custody Action; Chapter 50; Permanency Planning Pursuant to 7B-906.1(n). | |
| In re L.M. (22-608 - Unpublished)
Termination of parental rights, LEM review, pro se brief. | |
| In re M.B.E. (22-587 - Unpublished)
termination of parental rights; juvenile petition; trial court's finding of fact | |
| In re M.S. (22-401 - Unpublished)
| |
| In re N.P. (22-350 - Unpublished)
Rule 17 GAL appointment; withdrawal of GAL; incompetent parent; termination of parental rights following GAL withdrawal; GAL withdrawal without competency hearing | |
| In re P.C. (22-229 - Unpublished)
termination of parental rights; failure to pay reasonable cost of care; existing child support obligations | |
| In re S.G. (22-506 - Unpublished)
Termination of parental rights; continuance; preservation. | |
| In re S.G. (22-371 - Unpublished)
termination of parental rights; transfer to Chapter 50; child-on-child sexual abuse within the home | |
| In re T.P. (22-652 - Unpublished)
Termination of parental rights; LEM review, Rule 3.1(e). | |
| KCK Res., Inc. v. Schwarz Props., L.L.C. (22-564 - Unpublished)
lease, bailment, conditional sale, security interest | |
| State v. Bracey (21-643 - Unpublished)
Petition for writ of certiorari, ineffective assistance of counsel, summary denial, newly discovered evidence. | |
| State v. Brown (22-892 - Unpublished)
Anders brief; Motion to Dismiss Appeal; N.C. Gen. Stat. 15A-1444(a2); independent review; meritorious issues; guilty plea; sentencing | |
| State v. Bryant (22-626 - Unpublished)
custodial statements, hearsay, record level, resentencing | |
| State v. Collins (22-771 - Unpublished)
Motion to dismiss; sufficiency of the evidence; first-degree murder; identity; premeditation and deliberation; lack of second-degree murder instruction; acting in concert instruction | |
| State v. Edwards (22-706 - Unpublished)
common-law robbery; dog-tracking evidence; pedigree; characteristics and training; reliability in pursuit; identification; weight vs. admissibility; habitual felon status. | |
| State v. Folsom (22-731 - Unpublished)
4th Amendment; Search and Seizure; Automobile exception; Possession of Cocaine; Unreasonable extension; Canine sniff; | |
| State v. Harris (22-566 - Unpublished)
Motion to suppress; failing to report new address as registered sex offender; hearsay. | |
| State v. Poole (22-836 - Unpublished)
substitution of an alternate juror after deliberations have begun; N.C.G.S. 15A-1215; right to a trial by a jury of twelve; Article I, Section 24 of the North Carolina Constitution; constitutional issue; statutory mandate; invited error | |
| State v. Richardson (22-797 - Unpublished)
motion to dismiss; expired registration; insufficient evidence | |
| State v. Simmons (22-642 - Unpublished)
Evidence Rule 701; lay witness testimony regarding investigative process was not comment on defendant's credibility | |
| State v. Wingate (22-641 - Unpublished)
jury instruction; self-defense; defense of habitation; aggressor doctrine; excessive force; proportionality |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 33 PETITIONS AND 195 MOTIONS.
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Filed: 4 April 2023 Mandate: 24 April 2023 Zip File of Published Opinions Case Title / Description | |
| Bartels v. Franklin Operations, LLC (22-746 - Published)
Interlocutory appeal; substantial right; res judicata; collateral estoppel; burden; inconsistent verdicts; grounds for appellate review; Denney v. Wardson Construction, Inc. | |
| Brosnan v. Cramer (22-654 - Published)
interlocutory, interlocutory appeal, postseparation support, petition for writ of certiorari, subject-matter jurisdiction, statutory interpretation. | |
| Stephens v. ADP TotalSource DE IV, Inc. (22-372 - Published)
workers' compensation; Woodson exception; Pleasant exception | |
| Mitchell v. The Univ. of N.C. Bd. of Governors (21-639 - Published)
Due Process; Public Employee; Discharge in Violation of First Amendment Free Speech Rights; Speech on Matter of Public Concern | |
| State v. Collins (22-488 - Published)
statutory rape of a child by an adult, indecent liberties with a child, sex act by a substitute parent or guardian | |
| State v. Jefferson (22-450 - Published)
N.C. Gen. Stat. § 15A-1032, waiver of right to be present at trial, voluntary absence | |
| Watson v. Watson (22-473 - Published)
summary judgment, alimony, discovery | |
| Unpublished Opinions 4 April 2023 - Rule 30e - Zip File of Unpublished Opinions Mandate: 24 April 2023 | |
| Craig v. Town of Huntersville (22-142 - Unpublished)
motion to dismiss; interlocutory; substantial right; sovereign or governmental immunity; road dedication; easement; liability insurance | |
| In re A.K.R. (22-627 - Unpublished)
Termination of parental rights; Failure to Make Reasonable Progress; Challenged Finding of Fact; Strong Bond with Parent; Least Restrictive Disposition; | |
| In re A.R.C. (22-480 - Unpublished)
termination of parental rights; abandonment; neglect by abandonment; findings of fact; willful intent | |
| In re J.D.C. (22-610 - Unpublished)
conflict of interest; imputed conflict; disqualification of counsel | |
| In re M.J.K. (22-592 - Unpublished)
termination of parental rights, abuse of discretion, motion to continue, ineffective assistance of counsel, undue prejudice, due process. | |
| In re P.J.W.W. (22-511 - Unpublished)
termination of parental rights; abandonment; neglect; best interests of child; TPR | |
| Mann v. Vaickus (22-20) - [Withdrawn by order of the Court] | |
| N.C. Farm Bureau Mut. Ins. Co., Inc. v. Mebane (22-708 - Unpublished)
One of the defendants was in a car accident and insured under the driver's policy, issued by the plaintiff, an insurance company, who sued seeking a declaratory judgment stating that the defendant was not covered by its underinsured motorist coverage. The trial court held in favor of the defendant, finding that he was covered, and the plaintiff appealed. The issue involves: insurance coverage and statutory interpretation. | |
| O'Brien v. O'Brien (21-155 - Unpublished)
Rule 11, Rule 37, Local Rules, Rule 1006, competent evidence, frivolous, sanctions, attorney fees. | |
| Selph v. Selph (22-881 - Unpublished)
Consent judgment; Express agreement of parties; Affidavit of consent; Discretionary visitation | |
| State v. Carrasco (22-704 - Unpublished)
Motion to reopen evidence; First-degree rape of a child; Sexual offense against a child by an adult; Abuse of discretion. | |
| State v. Edwards (22-60 - Unpublished)
preservation, involuntary manslaughter, expert qualification | |
| State v. Faggart (22-798 - Unpublished)
Dismissal of unnecessary PWC; first-degree felony murder; discharge of a weapon into an occupied property; jury instructions; no conflicting evidence as to underlying felony; no evidence of lesser-included offenses; sufficient short-form indictment. | |
| State v. Hucks (22-766 - Unpublished)
ineffective assistance of counsel; Rule 408 | |
| State v. Jones (22-700 - Unpublished)
Sufficiency of evidence, carrying a concealed weapon | |
| State v. Patterson (22-606 - Unpublished)
Vacate and remand; prior record level; miscalculation; Rule 4 N.C.R. App | |
| State v. Powers (22-717 - Unpublished)
Second-Degree Murder; PWC; Closing Argument | |
| State v. Ridings (22-594 - Unpublished)
Restitution Worksheet | |
| State v. Tomlin (22-780 - Unpublished)
Motion to Suppress; Fourth Amendment; Search Warrant; Totality of the Circumstances; Confidential Informants; Unauthorized Search; Probable Cause; Search incident to an arrest; Reasonable Suspicion; | |
| Stein v. Cash-Janke (22-726 - Unpublished)
temporary child custody order; Uniform Child-Custody Jurisdiction and Enforcement Act (?UCCJEA?); adoption; exclusive, continuing jurisdiction |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 33 PETITIONS AND 195 MOTIONS.
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Filed: 21 March 2023 Mandate: 10 April 2023 Zip File of Published Opinions Case Title / Description | |
| D&B Marine, LLC v. AIG Prop. Cas. Co. (22-546 - Published)
Rule 15; Jury Instructions; Summary Judgment; Calloway Rule | |
| In re: A.W. (22-489 - Published)
clear, cogent, and convincing evidence to support trial court's findings concerning neglect, dependency, and prior involuntary termination of parental rights; Father continues to deny his role in domestic violence, demonstrates difficulty regulating his emotions, and uses alcohol and marijuana contrary to recommendations | |
| In re: C.T.T. (22-585 - Published)
Termination of Parental Rights; N.C.Gen.Stat. 7B-1106(b)(4); Summons; Notice; Service of Process; Provisional Counsel Listed. | |
| In re: K.M.C. & M.C.C. (22-573 - Published)
Termination of Parental Rights; N.C. Gen. Stat. § 7B-1111(a)(2); Lack of Reasonable Progress; Substance Abuse; Collateral Estoppel; Failure to Preserve; Waiver | |
| In re: S.I.D.-M. (22-503 - Published)
Termination of parental rights, abandonment, N.C. Gen. Stat. 7B-1111(a)(7) | |
| State v. Jones (22-151 - Published)
Rule of Evidence 404(b), prior acts, similarity; Rule of Evidence 403, authentication | |
| Unpublished Opinions 21 March 2023 - Rule 30e - Zip File of Unpublished Opinions Mandate: 10 April 2023 | |
| Apollo Medflight, LLC v. Nelson (22-695 - Unpublished)
motion to dismiss; medical lien; question of fact | |
| Chappell v. Chappell (22-607 - Unpublished)
appellate jurisdiction; Rule 59(e); equitable distribution; findings of fact; accrual of post-judgment interest | |
| Deutsche Bank Nat'l Tr. Co. v. Gaydos (22-661 - Unpublished)
Declaratory Judgment; Partial Summary Judgment; Appellate Jurisdiction; Interlocutory Appeals | |
| Donati v. Donati (22-635 - Unpublished)
Equitable distribution judgment; N.C. Gen. Stat. 50-20(c) factors; unequal distribution is equitable; N.C. Gen. Stat. § 50-20(e); in-kind property distribution is practical and equitable; source of funds theory; no evidence tending to show tracing of separate property. | |
| In re A.D. (22-246 - Unpublished)
termination of parental rights; neglected juvenile; probability of future neglect | |
| In re A.L.O. (22-482 - Unpublished)
termination of parental rights, failure to make reasonable progress, case plan | |
| In re E.G.R. (22-602 - Unpublished)
Termination of parental rights; willful failure to make reasonable progress; best interests of the child; mental health; poverty; special needs; failure to thrive; failure to make adequate progress; N.C. Gen. Stat. § 7B-1111(a); N.C. Gen. Stat. § 7B-1110. | |
| In re E.J.M. (22-334 - Unpublished)
termination of parental rights; no-merit brief; neglected juvenile | |
| In re T.M.P. (22-532 - Unpublished)
N.C. Gen. Stat. § 7B-1111(a)(8), Unchallenged Findings of Fact, Murder or Voluntary Manslaughter of the other parent of the child. | |
| Oakridge 58 Invs. v. Durhill LLC (22-772 - Unpublished)
Mutual Mistake, Involuntary Dismissal, Attorney Fees | |
| Pugh v. Pugh (21-652 - Unpublished)
Alimony, equitable distribution, attorney's fees | |
| Smith v. Greenwald (22-860 - Unpublished)
dismiss; rules of appellate procedure; record; motion for summary judgment. | |
| State v. Campbell (22-634 - Unpublished)
Rules of Evidence 608, 611, and 701; subject-matter jurisdiction. | |
| State v. Connor (22-424 - Unpublished)
aggravating factors, position of trust or confidence, material witness order | |
| State v. Izard (22-312 - Unpublished)
second degree forcible sex offense, crime against nature, jury instruction | |
| State v. Jones (22-723 - Unpublished)
N.C. Gen. Stat. § 15A-1344(f)(3); revocation of probation; clerical errors on the written judgment | |
| State v. Jones (22-712 - Unpublished)
Ineffective assistance of counsel; lesser-included offense | |
| State v. Madrid (22-757 - Unpublished)
Surety, bond, bond forfeiture, bond forfeiture relief, N.C. Gen. Stat. § 544.8, inconvenience to the state and courts, assumption of risk, immigration detainer, extraordinary circumstances, extraordinary cause. | |
| State v. Purcell (22-600 - Unpublished)
conspiracy to commit robbery with a dangerous weapon; jury instruction; fatal variance; unanimous verdict; felony murder; sentencing | |
| State v. Rose (22-619 - Unpublished)
Reckless driving-wanton disregard; N.C. Gen. Stat. § 20-140(a); motion to dismiss; safety statute. | |
| State v. Sawyer (22-397 - Unpublished)
Acting in concert; first-degree murder; conspiracy to commit first-degree murder. | |
| State v. Smith (22-307 - Unpublished)
Batson challenge; proof of purposeful discrimination | |
| Williams v. Maryfield, Inc. (22-785 - Unpublished)
Medical malpractice; Rule 9(j); Motion to amend |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 33 PETITIONS AND 195 MOTIONS.
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|
Filed: 7 March 2023 Mandate: 27 March 2023 Zip File of Published Opinions Case Title / Description | |
| Aman v. Nicholson (22-15 - Published)
Rule 11(c), Child Custody, Expert Witnesses, Rule 26 | |
| Limerick v. Rojo-Limerick (22-568 - Published)
attorney's fees; N.C. Gen. Stat. § 50-13.6; child support | |
| Pope v. Davidson Cnty. (22-466 - Published)
Special use permit; NCGS 160D-1402; PWC. | |
| State v. Buchanan (22-663 - Published)
Unduly prejudicial, unfair prejudice, probative value, Rule 403, probative evidence, character evidence, motion to exclude, prior bad acts. | |
| State v. Christian (22-299 - Published)
Trafficking Methamphetamine; trafficking by possession; trafficking by transporting; acting in concert; actual distance from the scene is not determinative of constructive presence. | |
| State v. Hammond (22-715 - Published)
Notice of Appeal; Petition for Writ of Certiorari; Jury Instruction; Guilty Knowledge; Drug Offense | |
| State v. Morris (22-3 - Published)
eyewitness identification, due process, EIRA, controlled substance sentencing | |
| State v. Norman (22-812 - Published)
Prostitution; Human trafficking an adult victim; N.C. Gen. Stat. 14.43.11(A); Consecutive sentences; Culpability of victim; Prosecutorial discretion; | |
| State v. Wilkinson (22-563 - Published)
Solicitation of child by computer, motion to dismiss, sufficient evidence. | |
| Unpublished Opinions 7 March 2023 - Rule 30e - Zip File of Unpublished Opinions Mandate: 27 March 2023 | |
| Elliott v. Cumberland Cnty. (22-539 - Unpublished)
Reverse; contributory negligence; summary judgment; interlocutory appeal; substantial right; judicial economy. | |
| France v. N.C. Dep't of Pub. Safety (22-707 - Unpublished)
affirm; negligence; tort claims act; intentional acts; North Carolina Department of Public Safety; pro se appellant; personal injury; medical providers; prison | |
| In re D.D.K. (22-413 - Unpublished)
Rule 3.1; TPR; unchallenged findings of fact; willful failure to make reasonable progress; neglect | |
| In re E.D.N. (22-603 - Unpublished)
termination of parental rights; no-merit brief; best interest of the child | |
| In re K.M.K. (22-490 - Unpublished)
termination of parental rights; N.C. Gen. Stat. 7B-1111(a)(1); neglect | |
| Kim v. Washburn (22-248 - Unpublished)
child custody, modification order, best interest of the child | |
| Scott v. Vural (22-611 - Unpublished)
Motion to dismiss for insufficient service of process, evidence of insufficient service, Covid-19 service, incorrect residential address | |
| Staley v. Waterbury Ass'n, Inc. (22-684 - Unpublished)
Affirm; N.C. R. Civ. P. 59(a); N.C.R. App. P. 3; trespass; breach of contract; Motion to Amend; Motion for Leave to Further Amend; abuse of discretion; Motion for Reconsideration | |
| State v. Bobbitt (22-510 - Unpublished)
Probable Cause; Confrontation Clause; Blood Alcohol Content; Character Evidence; Rule 404(b) | |
| State v. Cozart (22-589 - Unpublished)
Preservation; Rule 10(a)(3); State v. Golder; insufficiency of evidence; N.C. Gen. Stat. section 90-95(h); opioid; ineffective assistance of counsel; prejudice | |
| State v. Cumberlander (22-152 - Unpublished)
guilty plea; plea agreement; PWC; discretionary review; Anders | |
| State v. Ellison (22-705 - Unpublished)
Affirm; Anders v. California; reasonable suspicion; specific and articulable facts; N.C. Gen. Stat. § 14-269(a1); carrying a concealed weapon; concealed handgun permit; evidentiary burden | |
| State v. Flores-Contreras (22-189 - Unpublished)
expert testimony, Rule of Evidence 702, preservation, plain error | |
| State v. Maness (22-267 - Unpublished)
voluntary confession; totality of the circumstances; custodial interview | |
| State v. McCall (22-496 - Unpublished)
probation revocation, absconding | |
| State v. Morrison (22-644 - Unpublished)
Fourth amendment, Seizure, Motion to suppress, Totality of the circumstances. | |
| State v. Rabas (22-616 - Unpublished)
DWLR for an impaired driving revocation; motion to dismiss; N.C. Gen. Stat.§ 20-28(a1); actual knowledge; constructive knowledge; closing arguments; jury instruction; entrapment. | |
| State v. Smith (22-313 - Unpublished)
| |
| State v. Williams (22-636 - Unpublished)
| |
| Wheeler v. City of Charlotte (22-570 - Unpublished)
negligence, breach of duty, res ipsa loquitor |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 33 PETITIONS AND 195 MOTIONS.
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|
Filed: 21 February 2023 Mandate: 13 March 2023 Zip File of Published Opinions Case Title / Description | |
| Chociej v. Richburg (22-548 - Published)
domestic violence; DVPO; assault; attempted assault; personal relationship. | |
| First Recovery, LLC v. Unlimited Rec-Rep, LLC (22-495 - Published)
Collateral Estoppel, Summary Judgment | |
| Gilliam v. Foothills Temp. Emp't (22-560 - Published)
appeal dismissed where assignments of error on appeal to IC were not stated with particularity; Opinion and Award vacated and remanded where average weekly wage was calculated based on date of death rather than date Decedent would have ceased working for employer | |
| Guerra v. Harbor Freight Tools (22-351 - Published)
Failure to preserve for appellate review; pro se; N.C. R. App. 10; jurisdictional defect; appellate rule violations. | |
| O'Neal v. Burley (22-624 - Published)
Limited partnership agreement; general partnership; judicial dissolution and wind up; classification, allocation, and distribution of partnership assets; North Carolina Uniform Partnership Act; unchallenged findings of fact; unsupported conclusions of law. | |
| State v. Black (22-426 - Published)
Restitution; N.C. Gen. Stat. § 15A-1340.36(a) | |
| State v. Lytle (22-675 - Published)
probation revocation hearing; N.C.G.S. 15A-1344(f); finding of good cause; reasonable efforts to hold revocation hearing prior to the expiration of probationary term. | |
| State v. Miller (22-561 - Published)
trial court erred by closing courtroom without making sufficient findings of fact and by denying motion to dismiss violation of local ordinance where the charging documents did not include the caption and the ordinance was not proven at trial | |
| State v. Palacio (22-231 - Published)
no new trial where transcript for one day of the proceedings is missing; incest conviction vacated because a niece by affinity is not a niece for purposes of incest as criminalized by N.C. Gen. Stat. § 14-178; trial court did not err by denying motion to suppress; remanded for correction of clerical error where judgment included previously dismissed conviction. | |
| Yves v. Tolentino (22-730 - Published)
Motion to dismiss, Perfecting service, Service of process, Statutes of limitations, Rule 4 | |
| Unpublished Opinions 21 February 2023 - Rule 30e - Zip File of Unpublished Opinions Mandate: 13 March 2023 | |
| Duncan v. Transeau (22-375 - Unpublished)
child custody; constitutionally protected parental rights; waiver; findings of fact; reliance on temporary order | |
| Eller v. Auten (22-577 - Unpublished)
Motion for Summary Judgment; arbitration; amending arbitration award. | |
| Griffing v. Gray, Layton, Kersh, Solomon, Furr & Smith, P.A. (22-576 - Unpublished)
arbitration agreement; findings of fact | |
| In re A.A.C.D. (22-202 - Unpublished)
termination of parental rights; N.C. Gen. Stat. 7B-1111(a)(2); reasonable progress; case plan | |
| In re C.M.S. (22-512 - Unpublished)
TPR, permanent plan, best interests of the child | |
| In re E.P. (22-352 - Unpublished)
termination of parental rights, neglect, failure to make reasonable progress | |
| In re Foreclosure of Lien by Exec. Off. Park of Durham Ass'n, Inc. v. Rock (20-405-2 - Unpublished)
Remand, Non-judicial foreclosure, Default, Power of sale foreclosure, Prior Dismissal | |
| In re L.G.M.W. (22-419 - Unpublished)
termination of parental rights; N.C. Gen. Stat. section 7B-1111(a)(2); reasonable progress; contributing factors; case plan | |
| In re M.G.B. (22-389 - Unpublished)
neglected juvenile; abused juvenile; N.C.G.S. 7B-101(15) | |
| State v. Cass (22-187 - Unpublished)
Relevant Evidence under Rule of Evidence 401, Rule of Evidence 403, ex mero motu, Closing Arguments | |
| State v. Davis (22-645 - Unpublished)
character evidence; ineffective assistance of counsel; plain error | |
| State v. Jones (22-716 - Unpublished)
guilty plea; Anders | |
| State v. Ore (21-693-2 - Unpublished)
PWC; Modification of Probation; Jurisdiction of Appellate Court; Discretionary Review; | |
| State v. Phair (22-445 - Unpublished)
Attorney held in criminal contempt for failure to appear. Superior court jurisdiction, sufficiency of evidence of willful and gross negligence, emergency superior court judge authority to issue rulings. | |
| State v. Speaks (22-499 - Unpublished)
Justification, Reasonable Legal Alternative, Possession of a Firearm by Felon. | |
| State v. Teal (22-336 - Unpublished)
assault inflicting serious injury in the presence of a minor; habitual misdemeanor assault; assault with a deadly weapon with intent to kill inflicting serious injury; statutory interpretation; multiple assault convictions arising from same conduct; N.C. Gen. Stat. 14-33(c) |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 33 PETITIONS AND 195 MOTIONS.
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|
Filed: 7 February 2023 Mandate: 27 February 2023 Zip File of Published Opinions Case Title / Description | |
| Abbott v. Abernathy (22-162 - Published)
easement; abandonment; overburdening; dedication for public use; standing; appellate preservation | |
| Bassiri v. Pilling (22-411 - Published)
motion to dismiss; subject-matter jurisdiction; alienation of affections | |
| In re: A.H.D., V.I.D. (22-382 - Published)
willful failure to pay child support, sufficiency of petition, standard of proof | |
| In re: Custodial L. Enforcement Agency Recordings (22-446 - Published)
Request for release of custodial law enforcement agency recordings under N.C. Gen. Stat. 132-1.4A(g) must file a civil action, not a form petition. | |
| In re: Z.J.W. (22-456 - Published)
Termination of Parental Rights; Ex Parte Communications; Procedural Due Process | |
| Janu Inc v. Mega Hospitality, LLC (22-194 - Published)
Motions to Dismiss; Failure to State a Claim Rule 12(b)(6); Personal Jurisdiction Rule 12(b)(6); Notice; Irregular Judgment; General Appearance; Waiver; Attorney's Fees Prevailing Party; Seeking Affirmative Relief; | |
| JRM, Inc. v. The HJH Cos., Inc. (22-537 - Published)
Arbitration Agreement; Interlocutory Orders; Substantial Right; Burden of Proof; Untimely Affidavit; | |
| State v. Scott (22-326 - Published)
Motion to suppress evidence; Fourth Amendment; traffic stop; weapons frisk; Terry frisk; totality of circumstances; validated gang member; officer's knowledge of prior murder charge; frisk of vehicle; may not raise different theory on appeal; prior record level worksheet; notice of prior record level point for committing a crime while on probation; parole or post-release supervision; waiver of notice of prior record level point. | |
| Unpublished Opinions 7 February 2023 - Rule 30e - Zip File of Unpublished Opinions Mandate: 27 February 2023 | |
| Azevedo v. Onslow Cnty. Dep't of Soc. Servs. (22-376 - Unpublished)
responsible individuals list; abuse; serious emotional damage | |
| Carpenter v. N.C. Dep't of Health & Hum. Servs. (22-170 - Unpublished)
Motion to Dismiss; Statute of Limitations; N.C. Gen. Stat. § 143-299. | |
| Denton v. Baumohl (22-500 - Unpublished)
N.C. R. Civ. P. 11; sanctions; imposition; reasonableness. | |
| Grooms v. Grooms (22-536 - Unpublished)
temporary custody order; interlocutory appeal; motion for summary judgment denied | |
| In re E.D.S. (22-507 - Unpublished)
termination of parental rights; parent willfully left juveniles in foster care or placement outside of the home for more than 12 months without showing reasonable progress in correcting conditions which led to removal; no-merits appeal pursuant to N.C. R. App. P. 3.1(e) | |
| In re L.L.J. (22-386 - Unpublished)
parental termination; N.C.G.S. 1111(a)(2) | |
| In re S.N.B. (22-405 - Unpublished)
Termination of parental rights; Substantive findings by a substitute judge; Vacate & Remand; Retired trial judge; | |
| In re T.H. (22-452 - Unpublished)
No-merit Brief; independent review; parental rights; termination of parental rights; appellate counsel; best interests of the child; general appearance; service of process. | |
| In re T.M.R. (22-367 - Unpublished)
Termination of parental rights, clear and convincing evidence, incarceration, incarceration status, reasonable progress, conditions at time of removal, obstacles in remediating removal conditions, standard of proof, judicial notice, case plan | |
| Jordan Consultants, ASLA, P.A. v. Trinity Consulting & Dev., LLC (22-458 - Unpublished)
interlocutory appeal; motion to dismiss; Unfair and Deceptive Trade Practices Act; learned profession exemption | |
| Knechtges v. N.C. Dep't of Pub. Safety (22-213 - Unpublished)
N.C.R. App. P. 3(d) jurisdictional requirements; Rule 59 and Rule 60(b)(1) and 60(b)(6) Motions | |
| Lira v. Felton (22-666 - Unpublished)
unfair and deceptive trade practices; contractual privity; standing; insurers; third-party beneficiaries; Rule 12(b)(6) | |
| State v. Adams (22-315 - Unpublished)
first-degree murder; evidence of the victim's pain and suffering; PWC | |
| State v. Baskins (22-264 - Unpublished)
motion to strike; prejudicial error; cross-examination | |
| State v. Douglas (22-528 - Unpublished)
custodial statements, motion to suppress, plain error | |
| State v. Flowers (22-534 - Unpublished)
Harbison error; ineffective assistance of counsel | |
| State v. Gary (22-232 - Unpublished)
probation revocation; good cause;Â N.C. Gen. Stat. § 15A-1344(f) | |
| State v. Lively (22-575 - Unpublished)
Anders brief; no merit brief; frivolous appeal. | |
| State v. Martin (22-428 - Unpublished)
search warrant application affidavit; search warrants obtained in other jurisdictions; motion to suppress; oral ruling; no written order; totality of the circumstances test; probable cause; statement against penal interest; reliability of an informant | |
| State v. Minton (22-306 - Unpublished)
Jury instructions; plain error; Section 14-53.1; excessive force; aggressor doctrine; judgment notwithstanding the verdict. | |
| State v. Reavis (22-556 - Unpublished)
Indecent liberties with a child; Plea agreement; Sentencing calculation error; Remand for correction; | |
| State v. Ruff (22-485 - Unpublished)
expert testimony, reliability, preservation, GCMS | |
| State v. Smith (20-692 - Unpublished)
Confrontation Clause; probable cause hearing; no meaningful prior opportunity to cross-examine witness; constitutional error not harmless beyond a reasonable doubt | |
| Water Damage Experts of Hillsborough, LLC v. Miller (22-270 - Unpublished)
| |
| Willis v. N.C. Dep't of State Treasurer (22-373 - Unpublished)
TSERS benefits accrual, estoppel from denial based on employer error |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 33 PETITIONS AND 195 MOTIONS.
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|
Filed: 17 January 2023 Mandate: 6 February 2023 Zip File of Published Opinions Case Title / Description | |
| Dieckhaus v. Bd. of Governors of The Univ. of N.C. (21-797 - Published)
sovereign immunity, implied-in-fact contract, immunity for institutions of higher learning related to COVID-19 | |
| Pelc v. Pham (22-175 - Published)
USCIS Form I-864 Affidavit of Support; Household Size to Determine Financial Support; Sponsored Immigrant's Income; Quasi-Contract; Equitable Damages; Foreign-Money Claims Act, N.C. Gen Stat. 1C-1820-1834; Missing Trial Transcript; Attorney's Fees, N.C. Rev. R. Prof. Conduct 1.5; | |
| SR Auto Transp., Inc. v. Adam's Auto Grp., Inc. (22-463 - Published)
Rule 54(b) certification; substantial right; interlocutory appeal; dismissal | |
| State v. Davis (22-222 - Published)
1st Degree Murder; Attempted First Degree Murder; Arson; Felony Murder; Premeditation and deliberation; Sufficiency of indictment; Rules 401, 402, 403, 404(b); Transferred Intent; Prior Bad Acts; | |
| State v. Duncan (21-794 - Published)
motion to suppress; traffic stop; reasonable suspicion; medically canceled driver's license; search incident to arrest | |
| State v. Graham (22-48 - Published)
Dismissal of unnecessary petition for writ of certiorari; N.C. Gen. Stat. 15A-1222 and 15A-1232; fair and clear jury instructions taken as a whole; DNA and fingerprint evidence; insufficient expert testimony under Rule 702(a)(3); no prejudicial error in admission of expert testimony; habitual breaking and entering status offense as a Class E felony; no clerical error on written judgment. | |
| State v. Massey (22-414 - Published)
Rule 404(b) prior bad act evidence; motion to dismiss N.C.G.S. 90-108(a)(7) | |
| State v. Owens (22-517 - Published)
Indecent liberties; Habitual Felon; Opening Statement; Vouching/bolstering; Plain Error | |
| Unpublished Opinions 17 January 2023 - Rule 30e - Zip File of Unpublished Opinions Mandate: 6 February 2023 | |
| Gilleland v. Adams (21-691 - Unpublished)
Procedure for Standing in child custody hearing, parent and child relationship, unchallenged findings of fact are binding. | |
| Hwang v. Cairns (22-31 - Unpublished)
employment contract; sovereign immunity; public official immunity; summary judgment; Rule 15 | |
| In re M.W. (22-21 - Unpublished)
abused and neglected juvenile; home state of the juvenile; temporary emergency jurisdiction; N.C. Gen. Stat. section 50A-204; caretaker status; preservation; N.C. Gen. Stat. section 7B-903; statutory interpretation | |
| State v. Abrams (22-347 - Unpublished)
Permissible scope of Terry frisk; motion to suppress; armed and dangerous; reasonable suspicion; ?plain feel? doctrine; ?immediately apparent? object; probable cause. | |
| State v. Anderson (22-379 - Unpublished)
plain error review; Rule 403; post-arrest silence; no prejudicial error; in camera review; preservation; appellate record; motion to dismiss | |
| State v. Boykin (22-542 - Unpublished)
resentencing; Anders review | |
| State v. Bryan (22-184 - Unpublished)
Alford plea; restitution; restitution worksheet; contractual nature of plea agreement; prosecutor's statements; N.C. Gen. Stat. Sec.15A-1340.36. | |
| State v. Cox (22-628 - Unpublished)
second-degree murder; Rule 404(b); jury instructions | |
| State v. Messer (22-551 - Unpublished)
Breaking or entering; N.C. Gen. Stat. 14-54(a); felonious larceny; restitution award; definite and certain stipulation; motion to dismiss; sufficiency of the evidence; intent to commit larceny. | |
| State v. Thomas (22-513 - Unpublished)
Confrontation Clause; preservation; general objection | |
| Young v. City of Durham (22-578 - Unpublished)
minor special use permit; quasi-judicial decision; competent, material, and substantial evidence in the record; review factors; sufficient findings of fact; exclusion of witness testimony | |