Court of Appeals Opinions
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Filed: 21 June 2022 Mandate: 11 July 2022 Zip File of Published Opinions Case Title / Description | |
| Cash v. Cash (21-156 - Published)
modification of child custody; best interest of the child; misapprehension of the law | |
| Fore v. The Western N.C. Conf. of the United Methodist Church (21-546 - Published)
NC Gen Stat 132-1.4 Real Party in Interest Interlocutory Appeal SAFE Child Act Jus Tertii Substantial Right Aggrieved Party Non-joined Third Party | |
| Shropshire v. Shropshire (21-332 - Published)
Equitable distribution; divisible property; reopening of evidence sua sponte; insufficient findings of fact; no abuse of discretion. | |
| In re: R.J.P. (21-796 - Published)
Juvenile; Guardianship; Visitation Rights; Visitation Plan; Finding of Fact; Conclusion of Law; De Novo; Permanent Plan; Best Interest; N.C. Gen. Stat. § 7B-905.1(a). | |
| In re: L.M.B. (21-544 - Published)
termination of parental rights; failure to pay a reasonable portion of the cost of care; ?in-kind? contributions; N.C. R. Civ. P. 63; substitute judge | |
| Shebalin v. Shebalin (21-425 - Published)
order for appointment of parenting coordinator; interlocutory; sanctions | |
| K&S Res., LLC v. Gilmore (21-484 - Published)
summary judgment; statute of limitations; renewal of amended judgment; N.C. R. Civ. P. 52(b); N.C. R. Civ. P. 59(e); statutory tolling provisions | |
| Jain v. Jain (21-468 - Published)
Child support, N.C. Gen. Stat. 50-13.4; trial court's findings of fact did not support finding of minor child's reasonable needs or award of permanent child support. | |
| In re: Gerringer (21-556 - Published)
Estates; spousal elective share; property held as joint tenants with right of survivorship; superior court's review on appeal | |
| Singleton . v. NC Dep't of Health and Human Serv.s. (21-558 - Published)
NC Gen Stat 131E-175 Certificate of need Exhaustion of remedies Administrative procedure act Declaratory judgment As applied challenge Failure to exhaust remedies Substantive due process Procedural due process | |
| State of N.C. v. The Chemours Co. FC, LLC (21-225 - Published)
Motion to intervene, N.C. Rule of Civil Procedure 24, trial court did not abuse its discretion by denying motion to intervene as untimely. | |
| State v. Anthony (18-1118-3 - Published)
satellite-based monitoring; aggravated offense | |
| State v. Cholon (21-635 - Published)
MAR; ineffective assistance of counsel; Harbison violation | |
| State v. Grimes (21-663 - Published)
motion to dismiss; sufficiency of the evidence; specific intent; kidnapping; jury instructions; no plain error; assault on a female; N.C. R. App. P. 2 | |
| State v. Sanders (21-358 - Published)
In rem jurisdiction; Civil forfeiture; Criminal forfeiture. | |
| State v. Wright (20-250 - Published)
Sufficiency of indictment, failure to notify the last registering sheriff of a change of address, jury instructions, plain error, motion to dismiss, right to allocution, attorney fees, entry of order. | |
| Unpublished Opinions 21 June 2022 - Rule 30e - Zip File of Unpublished Opinions Mandate: 11 July 2022 | |
| Brookline Homes, LLC v. City of Mount Holly (21-514 - Unpublished)
Rule 60(b)(1); excusable neglect; class action | |
| In re AM (21-657 - Unpublished)
Termination of parental rights; sufficiency of findings of fact; sufficiency of conclusions of law; willful failure to make reasonable progress; N.C. Gen. Stat. § 7B-1111(a)(2); domestic violence; substance abuse; affirmed. | |
| In re N.L.S. (21-625 - Unpublished)
ICWA 25 USC 1912 Termination of parental rights Federally recognized tribe | |
| In re V.S.D. (21-782 - Unpublished)
termination of parental rights, grounds for termination, willful abandonment, best interests of the child | |
| In Re: K.E.M. & L.H.M. (21-594 - Unpublished)
Termination of parental rights; TPR; Willful failure to make reasonable progress; Substance abuse; Inconsistent progress; Neglected juvenile | |
| In Re: K.L. & V.P.L. (21-798 - Unpublished)
trial court's adjudication of neglect was supported by competent evidence of substantial risk of future harm and lack of parental concern where mother murdered father in the presence of her two children | |
| In re: Randolph (21-803 - Unpublished)
interlocutory order | |
| In re: T.K.H., T.L.H. (21-659 - Unpublished)
Termination of Parental Rights, Failure to Make Reasonable Progress, Sufficient Evidence, Addiction | |
| Matters of KS, ES, GA (21-686 - Unpublished)
Residual hearsay exception, unavailability of juvenile declarant, trustworthiness, more probative than other available evidence | |
| Matthew Gleason v. The Charlotte-Mecklenburg Hosp.ity Auth. (21-501 - Unpublished)
summary judgment; hospital facility fees; breach of contract; quantum meruit; EMTALA; motion to strike | |
| Russe v. Youngblood (21-799 - Unpublished)
summary judgment; PWC; public official immunity | |
| State of N. Carolina v. Enrique Martinez Garcia (21-331 - Unpublished)
satellite-based monitoring; State v. Hilton; conflict between trial court's oral ruling and written order | |
| State of N. Carolina v. Khakim Harvey & Kyle McNeil (21-203 - Unpublished)
Murder; robbery with a dangerous weapon; motion to suppress; preservation; waiver; sufficiency of search warrant affidavit; staleness of information in warrant affidavit; exclusion of self-defense evidence as discovery sanction; Hobson's choice dilemma | |
| State v. Brandon Lee (21-13 - Unpublished)
Expert witness; Expert witness testimony; North Carolina Rule of Evidence Rule 702; Daubert factors; North Carolina Rule of Evidence Rule 403; Probative value; First-degree Murder; qEEG assessments; qEEG | |
| State v. Cooper (21-598 - Unpublished)
trial court did not plainly err by not instructing jury on reasonable belief in consent as defense to charge of second-degree forcible sexual offense because this defense is not recognized under North Carolina law; cold record did not reveal that trial counsel was ineffective | |
| State v. James Charles Cole (21-522 - Unpublished)
trial court abused its discretion in concluding the defendant had absconded, thereby violating his probation, in the absence of sufficient evidence that the alleged absconding was willful | |
| State v. Kiquan Freeman (22-17 - Unpublished)
Anders brief; Alford plea; sentencing | |
| State v. O'Kelly (20-693-2 - Unpublished)
satellite-based monitoring; lifetime SBM; | |
| State v. Rhonda Sue Price (22-113 - Unpublished)
clerical error, jail credit, time served | |
| State v. Roach (21-517 - Unpublished)
ineffective assistance of counsel; confrontation clause; statements offered to explain subsequent actions during an investigation | |
| State v. Stacks (21-167 - Unpublished)
mistrial; closing arguments | |
| State v. Trevelle Shade (21-538 - Unpublished)
plea agreement; petition for writ of certiorari; N.C.G.S. 15A-1444 | |
| Stewart v. Goulston Technologies (21-642 - Unpublished)
Workers' Compensation, Arising out of Employment, Idiopathic Condition, Sufficient Evidence, Unexplained Falls | |
| Wright v. Jackson (21-614 - Unpublished)
Living trust; spendthrift trust; revocability; slayer statute |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 18 PETITIONS AND 167 MOTIONS.
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Filed: 7 June 2022 Mandate: 27 June 2022 Zip File of Published Opinions Case Title / Description | |
| Jabari v. Jabari (21-265 - Published)
Rule 60(b); Consent Domestic Violence Protection Order; No Findings of Fact or Conclusions of Law | |
| Dean v. Rousseau (21-518 - Published)
Rule 12(b)(6) motion to dismiss; Service of the complaint and summons on an uninsured motorist carrier; NCGS 20-279.21(b)(3)(a); and statute of limitations | |
| Archie v. Durham Pub. Sch. Bd. of Educ. (21-313 - Published)
summary judgment; plaintiff's recovery barred by contributory negligence; no gross negligence | |
| In re: J.C. (21-666 - Published)
Visitation; length of visitation; virtual visitation; neglect; prejudicial statements from the bench; case plan requirements; motion for review of visitation plan. | |
| In re: S.O.C. (21-681 - Published)
Termination of parental rights, required findings of fact to support adjudication, circumstances at the time of hearing | |
| Violette v. The Town of Cornelius (21-648 - Published)
standing; zoning; action for declaratory judgment; trial court did not err in dismissing complaint for lack of standing where adjacent landowner only supported his allegations of standing with owner's opinion evidence of diminution in value and allegations did not allege how his property was affected by rezoning distinct from the community | |
| State v. Williams (20-633 - Published)
defense of others; jury instruction; disqualifying felony; causal nexus; prejudicial error; motion to dismiss for insufficiency of the evidence. | |
| State v. Ore (21-693 - Published)
probation violation, unchallenged findings & conclusions, no notice of appeal, extension of supervision, direct criminal contempt, PWC, N.C. Gen. Stat. 1347, N.C. Gen. Stat. 5A-11 | |
| Thompson v. Union Cty. (21-220 - Published)
ordinance, zoning, board of adjustment, vested rights | |
| Unpublished Opinions 7 June 2022 - Rule 30e - Zip File of Unpublished Opinions Mandate: 27 June 2022 | |
| Diane Kirby v. Mission Hosp., Inc. (21-606 - Unpublished)
Worker?s Compensation; Competent evidence supported Industrial Commission?s findings of fact; Date of maximum medical improvement; N.C. Gen. Stat. 97-31; Industrial Commission Review of Form 26A, Employer?s Admission of Employee?s Right to Permanent Partial Disability; N.C. Gen. Stat. 97-17; Commission did not err by declining to set aside Form 26A. | |
| In re A.C. (21-769 - Unpublished)
Ceasing reunification efforts, permanency planning order, home and employment, parental fitness,constitutionally protected parental status | |
| In Re B.V. (21-756 - Unpublished)
Termination of parental rights, trial court's unchallenged and properly supported findings of fact supported trial court's conclusion of neglect and probable repetition of neglect such that grounds exist to terminate Respondent?s parental rights underN.C. Gen. Stat. 7B-1111(a)(1), trial court did not abuse its discretion by determining that termination of parental rights was in the child's best interests. | |
| In Re D.G. (21-624 - Unpublished)
Involuntary commitment order; dangerous to herself and others; insufficient findings of fact; right to an impartial tribunal. | |
| In re J.C. (21-658 - Unpublished)
order awarding guardianship, findings of fact | |
| In Re J.M. (21-662 - Unpublished)
Rule 3.1(e), No-Merit Brief, Termination of Parental Rights | |
| In re J.S., III (21-787 - Unpublished)
Adjudication of neglect, dependency | |
| In re N.F., D.F., Z.F., C.F. (21-646 - Unpublished)
termination of parental rights; guardian ad litem; incompetent adult; Rule 17 | |
| In re: K.S. (20-271-2) - [Withdrawn by order of the Court] | |
| In re: P.O & I.O (21-733 - Unpublished)
physical abuse, emotional abuse, one definition satisfies | |
| Johnson v. Nieland (21-649 - Unpublished)
medical malpractice complaint; expert witness; motion to dismiss pursuant to Rule 9(j); affidavit contradicting prior testimony; genuine issue of material fact | |
| Markaj v. Markaj (21-784 - Unpublished)
domestic violence protective order; surrender of firearms; harassment' vacating portion of DVPO | |
| Rainey v. Goodyear (21-454 - Unpublished)
Workers? Compensation, Partial Disability to Hand, Competent Evidence, Overtime Pay | |
| State v. Harris (21-100 - Unpublished)
deprivation of property; restitution; duplicative award; clerical error | |
| State v. Reynolds (21-578 - Unpublished)
In camera review and disclosure of sealed records, substantial basis for review, favorable and material standard for disclosure | |
| State v. Sanders (20-376 - Unpublished)
waiver of counsel; competency to proceed pro se; jury selection; Batson challenge; 404(b) evidence; non-prejudicial error | |
| State v. Slade (21-209 - Unpublished)
Defendant convicted of murder, attempted first-degree murder, and kidnapping over stolen marijuana; North Carolina Rules of Evidence 401, 403, and 901; admissibility of letter and other communications between Defendant and a female accomplice while both were in custody; no improper reference to gang affiliation; trial court did not err in failing to intervene ex mero motu in prosecutor's argument | |
| State v. Walker (21-535 - Unpublished)
Motion for appropriate relief; ineffective assistance of trial counsel; ineffective assistance of appellate counsel; petition for writ of certiorari. | |
| Williams v. Wiley (21-347 - Unpublished)
notice of registration of a foreign support order; motion for judicial notice; service proper at last known, physical mailing address; North Carolina Rule of Civil Procedure 5; Rule 60 motion; no abuse of discretion |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 18 PETITIONS AND 167 MOTIONS.
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Filed: 17 May 2022 Mandate: 6 June 2022 Zip File of Published Opinions Case Title / Description | |
| Fox v. Fox (21-534 - Published)
trusts and estates; North Carolina Uniform Trust Code; trial court did not err in dismissing claims for breach of fiduciary duty, constructive fraud, and civil conspiracy against trustees as individuals because breach of fiduciary duty claim stated time-barred claim challenging the validity of trust, claim for breach of trust against defendants as trustees did not state individual capacity claim, complaint failed to allege special circumstances creating fiduciary relationship as a matter of fact between beneficiary and trustees, and claim for civil conspiracy against trustees as individuals did not state an independent basis of liability; claims for breach of trust against trustees and claims for constructive fraud and civil conspiracy against trustees in their capacity as trustees were legally sufficient and trial court erred in dismissing them | |
| Birchard v. Blue Cross & Blue Shield of N.C., Inc. (21-729 - Published)
Subject Matter Jurisdiction, State Health Plan, Denial of Coverage, External Review Organization, Appeal to Industrial Commission, Sovereign Immunity | |
| Bottoms Towing & Recovery, LLC v. Circle of Seven, LLC (21-513 - Published)
motor vehicle lien; legal possessor; N.C.G.S. 44A | |
| In re: N.L.M., T.R.M. IV, N.S.W., C.M. (21-608 - Published)
findings supported that DSS made reasonable efforts at preventing placement; findings supported that visitation was not in the juveniles' best interest; trial court erred in failing to inform parent of right to a review of visitation plan | |
| In re: Terrell McIlwain (21-434 - Published)
sex offender registration; reportable convictions; whether two offenses are substantially similar; N.C. Gen. Stat. § 14 208.6(4)(b) | |
| Lakins v. The Western N.C. Conf. of the United Methodist Church (21-415 - Published)
interlocutory appeal; motion to dismiss appeal; petition for writ of certiorari; facial or as-applied challenge; transfer of constitutional challenge to three-judge panel; subject-matter jurisdiction; ecclesiastical entanglement | |
| Osborne v. Paris (21-226 - Published)
Motor Vehicle Safety and Financial Responsibility Act; multiple tortfeasors in collision between motorcycle and car, one underinsured and one uninsured; victim covered by two uninsured policies and one combined uninsured/underinsured policy; summary judgment in favor of insurance carrier; carrier not obligated to pay beyond combined limit of policy; carrier not entitled to a credit against its uninsured policy for payment from tortfeasor's liability coverage; bad faith refusal to settle and unfair trade practices | |
| State v. Collins (21-404 - Published)
felonious possession of stolen goods and felony eluding arrest with a motor vehicle; trial court reserved ruling on motion to dismiss and allowed State to recall witness; no judicial partiality; no impropriety in prosecutor's closing argument | |
| State v. Fritsche (21-473 - Published)
sex-offender registration; N.C. Gen. Stat. 14-208.12A(a); equal protection; residency; termination petition | |
| State v. Wilson (20-108 - Published)
Felony murder; unpreserved juror challenge; motion to suppress custodial, noncustodial statements; jury instruction on lesser-included offense, second-degree murder; superior court transfer hearing. | |
| Unpublished Opinions 17 May 2022 - Rule 30e - Zip File of Unpublished Opinions Mandate: 6 June 2022 | |
| Braswell v. The W.ern N.C. Conf. of the United Methodist Church (21-416 - Unpublished)
facial or as-applied constitutional challenge; transfer of constitutional challenge to three-judge panel; subject-matter jurisdiction; ecclesiastical entanglement | |
| Doe GS v. The W.ern N.C. Conf. of the United Methodist Church (21-417 - Unpublished)
facial or as-applied constitutional challenge; transfer of constitutional challenge to three-judge panel; subject-matter jurisdiction; ecclesiastical entanglement | |
| Esrafil Abedi v. Farid Abedi (21-126 - Unpublished)
Interlocutory appeal; preliminary injunction; substantial right; dismissed. | |
| In re A.R., D.R., P.H. (21-678 - Unpublished)
neglected juvenile; adjudication; findings of fact; N.C. Gen. Stat. 7B-101(15) | |
| In re J.B.D. (21-549 - Unpublished)
TPR; § 7B-1108(b); failure to legitimate; abandonment | |
| In re J.W. (21-636 - Unpublished)
fact finding, termination of parental rights, trial court, termination, juvenile, trial court's finding, parental rights, willfully, conclusions of law, custody agreement | |
| In Re J.W.M. (21-617 - Unpublished)
Neglected Juvenile, Adjudication, Disposition Order, Visitation Costs, DSS Case Plan, Delegation, District Court, Best Interest of the Child | |
| In re Phillip Entzminger (21-525 - Unpublished)
Attorney discipline; trial court's inherent authority; judicial recusal; suspension as a disciplinary sanction; affirmed. | |
| In re S.G.A.R.B., H.D.B., T.U.B. (21-727 - Unpublished)
independent review revealed no error in trial court's termination of parental rights in case where counsel filed a no-merit brief under appellate rule 3.1(e) | |
| In re SCS (21-738 - Unpublished)
Termination of parental rights; sufficiency of findings of fact and conclusions of law; dependency; lack of proper care or supervision; lack of appropriate alternative child care arrangement; affirmed. | |
| Jason Fields v. Veronica Fields (20-855 - Unpublished)
Substantial change in circumstances; parent move; information that antedates prior custody order. | |
| Karen Jean Singleton v. David Clinton McNabb, M.D. and Raleigh
Orthopaedic Clinic, P.A. (21-746 - Unpublished)
Interlocutory appeal; and Insufficient Statement of the Grounds for Appellate Review | |
| Larry Dillard v. The W.ern N. Carolina Conference of the United
Methodist Church (21-324 - Unpublished)
facial or as-applied constitutional challenge; transfer of constitutional challenge to three-judge panel; subject-matter jurisdiction; ecclesiastical entanglement | |
| Lisa Miller v. Auria Solutions Ltd. (21-475 - Unpublished)
Workers compensation; degenerative conditions; expert testimony; cross-appeal | |
| Maas v. Walgreens (21-307 - Unpublished)
work-related injury; medical treatment; opioid dependance; Industrial Commission Rule 701; Form 44 | |
| Marell Francis v. Jacqueline Brown (21-466 - Unpublished)
trial court did not err in entering no-contact order where unchallenged findings of fact supported conclusion that defendant harassed plaintiff, thereby engaging in unlawful conduct | |
| Matter of M.M. and J.M. (21-721 - Unpublished)
termination of parental rights; no-merit brief; N.C.R. App. P. 3.1(e) | |
| Matthew Donley v. Chip Ganassi Racing (21-447 - Unpublished)
Workers compensation; wage loss causation by injury; burden of proof | |
| Matthew Mitchell. v. Orange Cnty.. (21-394 - Unpublished)
Standing, rezoning, MPD-CZ, special damages, property | |
| McLane v. Goodwin-McLane (21-528 - Unpublished)
artificial insemination; breach of contract; findings of fact; conclusions of law | |
| Medport, Inc. v. John Hazlehurst (21-695 - Unpublished)
denial of motion for summary judgment; common law negligence; professional malpractice; immunity from suit | |
| Racine v. City of Raleigh (21-406 - Unpublished)
public duty doctrine barred plaintiff's claims for wrongful death and negligent hiring and retention against municipality | |
| Simmons v. Wiles (21-320 - Unpublished)
motion for relief from judgment; Rules 60(b)(4) and 60(b)(6); consent order to dismiss without prejudice not void; Rule 41(a); no procedural blunder by counsel; trial court did not abuse its discretion | |
| Spencer v. Goodyear (21-354 - Unpublished)
Workers Compensation, Injury by Accident, Occupational Disease; Significant Causal Factor | |
| State of N. Carolina v. Eric Wright (21-247 - Unpublished)
motion to suppress | |
| State v. Allen Michael Barstow (21-389 - Unpublished)
Motion to Suppress, Traffic Stop, DWI, Reasonable Suspicion, IAC | |
| State v. Askew (21-502 - Unpublished)
robbery, jury instructions, plain error, property | |
| State v. Calixto Gonzalez Maldonado (21-308 - Unpublished)
trial court's findings and conclusions were sufficient to support the order denying defendant's motion to suppress and probable cause supported search and search incident to arrest | |
| State v. Craig McKee Williams (21-449 - Unpublished)
Motion for appropriate relief; NCGS 15A-1419; Issues were raised or had the opportunity to be raised on previous appeal | |
| State v. Giles (21-645 - Unpublished)
Subject matter jurisdiction, motion to set aside bond forfeiture, conviction, deferred prosecution, probation. | |
| State v. Hahn (21-190 - Unpublished)
Lawful arrest; warrantless arrest; objective probable cause; resisting arrest; assault on a government official; malicious conduct by a prisoner; line of demarcation; motion to dismiss. | |
| State v. Tommy Dotson (21-575 - Unpublished)
Probation Revocation; New Criminal Offense, Clerical Error | |
| Theodore Pittman v. Ricky McCrae Wilkins, . (21-492 - Unpublished)
declaratory judgment, letters of administration, clerk of superior court, will, administration of an estate | |
| Tracey Catherine Briggs v. Sara Marie Markiewicz (21-443 - Unpublished)
summary judgment; negligence; duty of driver to maintain proper lookout; contributory negligence; doctrine of sudden emergency |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 18 PETITIONS AND 167 MOTIONS.
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Filed: 3 May 2022 Mandate: 23 May 2022 Zip File of Published Opinions Case Title / Description | |
| Appalachian Materials, LLC v. Watauga Cty. (21-117 - Published)
permit, educational facility, ordinance, mandate, reverse, vacate | |
| Upchurch v. Harp Builders, Inc. (21-472 - Published)
civil procedure; pleading; counterclaim asserted outside statute of limitations did not relate back to plaintiff's complaint; most recent intermediate appellate court precedent controls over prior inconsistent precedent of same court | |
| Forte v. The Goodyear Tire & Rubber Co. (20-904 - Published)
Workers' compensation; Full Commission's authority to reconsider evidence and amend deputy commissioner's award if good ground be shown; N.C. Gen. Stat. § 97-85; competent evidence standard; Full Commission authority to weigh evidence and reject testimony it disbelieves | |
| In re: S.R. (21-633 - Published)
Termination of parental rights; findings of fact; NCGS 7B-1111(a); failure to pay child support; and judicial discretion | |
| In re: Pub. Records Request to DHHS (21-495 - Published)
public records request; special proceeding; lack of subject matter jurisdiction; lack of authority to initiate action | |
| In re: Moore (21-441 - Published)
N.C. Gen. Stat. § 31-32; will caveats; subject matter jurisdiction; lack of standing to bring caveat; N.C. Gen. Stat. § 29-15; intestate succession; N.C. Gen. Stat. § 29-19(b) | |
| John Doe 1K v. Roman Catholic Diocese of Charlotte (21-254 - Published)
SAFE Child Act; S.B. 199; revival provision; three-judge panel of Wake County Superior Court; motion to transfer; res judicata | |
| John Doe v. Roman Catholic Diocese of Charlotte (21-255 - Published)
SAFE Child Act; S.B. 199; revival provision; three-judge panel of Wake County Superior Court; motion to transfer; res judicata | |
| Johnston v. Pyka (21-452 - Published)
partial summary judgment; breach of contract; specific performance; implied warranty of habitability; summary ejectment; tortious interference with contract; fraud | |
| Kluttz-Ellison v. Noah's Playloft Preschool (21-356 - Published)
worker's compensation; full commission did not abuse its discretion in allowing claimant's motion to submit additional evidence where good grounds existed for granting motion and Form 44 put defendants on notice of material aggravation theory; bariatric surgery was directly related to work injury that required right knee surgery and thus compensable where right knee surgery could not be safely performed before substantial weight loss that would result from bariatric surgery | |
| In re: A.W. & C.W. (21-634 - Published)
Expert testimony on sexual abuse; presumption that judge discerns properness of evidence in bench trial; hearsay in abuse adjudication. | |
| In re: Stanly Solar, LLC (21-188 - Published)
North Carolina Utilities Commission; Commission?s decision prima facie just and reasonable; Deference afforded to Commission?s interpretation of statute | |
| N.C. Farm Bureau Mut. Ins. Co., Inc. v. Hague (21-540 - Published)
Judgment on pleadings; declaratory judgment act; insurance policy; policy exclusions; intentional act; duty to defend/indemnify. | |
| Roark v. Yandle (21-568 - Published)
denial of Rule 60(b) motion; attorney?s fees; void judgment | |
| State v. Ballard (21-202 - Published)
motion for appropriate relief; Brady and Napue claims failed because of lack of probability allegedly wrongfully withheld or intentionally false evidence would have changed result of trial had it not been withheld or introduced; evidentiary hearing was required on ineffective assistance of counsel claim to determine whether failure to investigate key alibi witness prejudiced outcome of trial; gatekeeper order prohibiting the filing of future motions for appropriate relief was erroneous where there was no history of filing successive frivolous motions for appropriate relief | |
| State v. Amator (21-433 - Published)
trafficking, traffic stop, license plate, renewal sticker, Commissioner, DMV, reasonable suspicion, mistake of law, registration card, ambiguous | |
| State v. Darr (21-493 - Published)
Miranda Rights; interrogation; confession; unambiguous request for counsel; motion to suppress; Fifth Amendment | |
| State v. Kitchen (21-297 - Published)
Driving while intoxicated; motion to suppress medical record evidence; Fourth Amendment right to be free from warrantless search and seizure; harmless beyond a reasonable doubt; no prejudicial error. | |
| State v. Conner (21-715 - Published)
Fifth Amendment; custodial interrogation; barricaded suspect; and clerical error | |
| State v. Graham (21-99 - Published)
Jury instructions; mandatory presumption; attorney-client privilege; motion to compel. | |
| State v. Strickland (21-491 - Published)
solicitation; first-degree murder; lesser included offense; improper closing argument | |
| Tutterow v. Hall (21-326 - Published)
Underinsured motorist coverage; Motor Vehicle Safety and Financial Responsibility Act; N.C. Gen. Stat. § 20-279.21(b)(4); calculation of coverage when there are multiple underinsured tortfeasors and multiple applicable UIM policies; statutory construction | |
| Unpublished Opinions 3 May 2022 - Rule 30e - Zip File of Unpublished Opinions Mandate: 23 May 2022 | |
| Cameron Maiwald v. Kristen Maiwald (21-542 - Unpublished)
Interlocutory, substantial right, and appointment of expert appraiser | |
| Campos v. Hausler (21-521 - Unpublished)
Rule 12(b)(6); sufficiency of allegations; negligence; dog bite | |
| Cecil Holcomb Renovations, Inc. v. L. Firm of Wilson & Ratledge, PLLC (21-65-2 - Unpublished)
trial court did not abuse its discretion in disqualifying counsel for violation of Rule 4.2 of the North Carolina Rules of Professional Conduct; trial court had subject matter jurisdiction over law firm's counterclaim for unpaid fees despite failure by law firm to provide notice of North Carolina State Bar's fee dispute resolution program; trial court did not abuse its discretion in excluding certain evidence of law firm's billing practices | |
| Charles Dozier v. Regina Dozier (21-298 - Unpublished)
equitable distribution; modification of a consent order; Rule 60(b) | |
| Craig Johnson v. Toni Gyurisko (21-86 - Unpublished)
Modification of Child Custody; Substantial Change of Circumstances; Findings of Fact; and Pure Legal Custody. | |
| Craige Jenkins Liipfert & Walker, LLP v. Woods (21-95 - Unpublished)
Interlocutory appeal, substantial right, counterclaims. | |
| Davis v. Smartop (21-470 - Unpublished)
Repugnant andcontradictory verdict; election of remedies; jury instruction | |
| Dep't of Transp. v. McLendon Hills Prop. Owners' Ass'n (21-235 - Unpublished)
condemnation; necessary and proper parties to suit; trial court did not err in denying condemned landowner's motion to add easement owners as necessary parties and did not abuse its discretion in denying landowner's motion to add easement owners as proper parties | |
| Fuchs v. Storry (21-719 - Unpublished)
summary judgment was proper in action for specific performance of separation agreement where deposition testimony and affidavit supporting potential defense was inadmissible under Rule 602 of the North Carolina Rules of Evidence | |
| Huffman v. Huffman (21-104 - Unpublished)
equitable distribution, challenges to findings of fact | |
| Hutchins v. CVS Pharmacy (21-345 - Unpublished)
medical malpractice; loss of consortium and spousal services; alias and pluries summons; chain of summonses; statutes of limitation and repose | |
| In re J.H. (21-667 - Unpublished)
termination of parental rights; writ of certiorari; findings of fact insufficient for appellate review | |
| In re K.L.M.F.J. (21-571 - Unpublished)
Adjudication of neglect; sufficiency of findings of fact; history of past neglect; lack of ultimate finding of substantial risk of harm; findings consistent with a substantial risk of future neglect. | |
| In re L.M., K.M., K.M. (21-344 - Unpublished)
consent adjudication order; stipulated facts; neglected juvenile | |
| In Re M.M.G. (21-626 - Unpublished)
N.C. Gen. Stat. 7B-2506 and -2508; Level 3 disposition; extraordinary needs. | |
| In re N.M.M. (21-499 - Unpublished)
Rule 3.1, N.C. Gen. Stat. 7B-905.1(a), visitation, disposition, findings of best interest of child. | |
| In Re PL (21-555 - Unpublished)
3.1; neglect; adjudication; disposition; DSS reasonable efforts. | |
| In re R.C.C.L. (21-640 - Unpublished)
termination of parental rights; N.C.G.S. 7B-1111(a)(6); inability to care for child; lack of alternative child care arrangement | |
| In re: Slok, LLC (21-352 - Unpublished)
nonjudicial foreclosure; claim of lien; conditional order; subject matter jurisdiction; valid debt | |
| Matter of KDH, MKH (21-599 - Unpublished)
Termination of Parental Rights; Guardianship; Best Interest; Abuse of Discretion; N.C. Gen. Stat. § 7B-1110(a); N.C.R. App. P. 28; Department of Social Services; Dispositional Stage; N.C.R. App. P. 42. | |
| McKernan V. E. Carolina Univ. (21-572 - Unpublished)
Nonjurisdictional Appellate Rules Violation; Rule 28(b)(6); dismissal | |
| Phyllis Mills v. Tara Jackson (21-325 - Unpublished)
Motion to Dismiss Appeal; Rule 12(b)(6) Motion to Dismiss; Malicious Prosecution; Abuse of Process; and Probable Cause | |
| State v. Davenport (20-628 - Unpublished)
New trial; Motion to Dismiss; Rule of Evidence 404; Limiting Instructions; and Hearsay | |
| State v. Davis (21-73 - Unpublished)
proof of prior felony conviction; jury instruction; felonious possession of marijuana | |
| State v. Ireland (21-611 - Unpublished)
special condition of probation; abuse of discretion; N.C.G.S. 15A-1343 | |
| State v. Taylor (21-277 - Unpublished)
valid indictment; factual basis for plea; sentencing procedures; ? 15A-1024 | |
| State v. Thomas (21-396 - Unpublished)
| |
| State v. Vann (20-907 - Unpublished)
Jury request, NCGS 15A-1233, and judicial discretion | |
| State v. Williams (21-550 - Unpublished)
Motion to suppress; petition for writ of certiorari; improper notice of appeal; plain error standard; inadequate conclusions of law. | |
| Williams v. Helping Hands Mission (21-424 - Unpublished)
Industrial Commission determination of witness credibility; Commission did not err by concluding that Plaintiff failed to meet his burden of proving a compensable injury. |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 18 PETITIONS AND 167 MOTIONS.
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|
Filed: 19 April 2022 Mandate: 9 May 2022 Zip File of Published Opinions Case Title / Description | |
| In re: A.J.D., Jr. (21-402 - Published)
Involuntary Commitment Order; Sufficiency of Findings of Fact; Expert Witness Testimony; Preservation of Error; Hearsay | |
| In re: J.A.D. (21-228 - Published)
Extortion, material information in charging instruments, physical violence not required for true threats, fatal variance in proof, written findings required under N.C. Gen. Stat. 7B-2411, 7B-2501(c). | |
| Moye-Lyons v. N.C. Dep't of Pub. Instruction (21-486 - Published)
North Carolina Industrial Commission; workers compensation claim; timely filed claim; two-year limitation period; mental incompetency; jurisdiction; subject matter jurisdiction; employment; social security disability claim; representative payee; incompetency adjudication hearing; involuntary commitment; N.C. Gen. Stat. § 97-24(a); N.C. Gen. Stat. § 35A-1101; N.C. Gen. Stat. § 35A-1102; time-barred pursuant to N.C. Gen. Stat. § 97-50; 42 U.S.C. § 416(i). | |
| State v. Ingram (21-687 - Published)
Sufficient evidence of driving while intoxicated, N.C. Gen. Stat. 20-138.1(a) | |
| State v. Benitez (20-766 - Published)
waiver of Miranda for juveniles | |
| State v. Hicks (20-665 - Published)
Aggressor doctrine; self-defense; plain error; jury instructions; exhibits. | |
| State v. Carter (20-885 - Published)
reasonableness of lifetime satellite-based monitoring; recidivist; sex offenses with a child under thirteen; Defendant's Fourth Amendment privacy interests balanced against State's interests and declared efficacy of SBM; totality of circumstances; amendments to SBM laws; Session Law 2021-138, sec. 18(i) and S.L. 2021-182, sec. 2(e) (collectively to be codified at N.C. Gen. Stat. § 14-208.46). | |
| State v. Williamson (16-631 - Published)
motion to dismiss second-degree murder charge; knowingly driving while impaired, when combined with evidence of reckless driving or behavior, may constitute malice; motion for appropriate relief; recanted testimony; privilege against self-incrimination; U.S. Const. Fifth and Sixth Amendments; testimony subject of direct examination as opposed to collateral matters; the trial court may strike testimony in whole or in part or compel witness to testify | |
| Turner v. Oakley (21-274 - Published)
Jurisdiction to modify child custody order; challenged finding of fact supported by substantial evidence; trial court assessed whether a substantial change in circumstances affected the child?s welfare and whether modification of custody was in the child?s best interests; no abuse of discretion in modification of custody. | |
| Unpublished Opinions 19 April 2022 - Rule 30e - Zip File of Unpublished Opinions Mandate: 9 May 2022 | |
| Davidson v. Davidson (21-72 - Unpublished)
alimony modification; substantial change of circumstances; bad faith; earning capacity; N.C. Gen. Stat. 50-16.3A(b) | |
| Hitchcock v. Rupert (21-458 - Unpublished)
domestic violence protective order; legitimate purpose; substantial emotional distress; continued harassment | |
| In re L.B., J.D., and C.D. (21-559 - Unpublished)
Department of Social Services; Guardian ad Litem; N.C. Gen. Stat. § 7B-906.2; Visitation; Competent Evidence; N.C. Gen. Stat. § 7B-906.1; Best Interest; Permanency Planning Hearing; N.C. Gen. Stat. § 7B-905.1; Abuse of Discretion; and Out-of-State | |
| In re S.D. (21-631 - Unpublished)
3.1, neglect, disposition, reunification plan | |
| In Re T.S. (21-342 - Unpublished)
involuntary commitment order, mental illness, dangerous to self, dangerous to others, bodily harm, pandemic | |
| In re: C.L., D.L., E.L. & S.L. (21-560 - Unpublished)
Abuse; neglect; waiver of challenge; best interests of child; clear and cogent evidence. | |
| In re: S.B. and W.J., Jr. (21-532 - Unpublished)
Termination of parental rights; Request to waive counsel; and N.C.G.S. 7B-1101.1(a1) | |
| Julie Klapp v. Randall Buck (21-494 - Unpublished)
negligence, contributory negligence, JNOV, judgment notwithstanding the verdict, motion for directed verdict, damages | |
| Matter of C.M. (21-592 - Unpublished)
Permanency Planning; Legal Guardianship; Legal Custody; Juvenile; Reunification; Concurrent Plan; Due Process Clause; Fourteenth Amendment: Parent?s Constitutionally Protected Status; Guardian ad Litem; Department of Social Services; N.C. Gen. Stat. § 7B-906.1; Finding of Fact; Clear and Convincing Evidence; Conclusion of Law; De Novo; and N.C. Gen. Stat. § 7B-1001. | |
| Southeast Caissons, LLC. v. Choate Constr. Grp. et. al. (21-223 - Unpublished)
Construction Contracts; Contract Formation; Negligence and Duty; Exclusion of Relevant Evidence; Motion in Limine; Preservation of Error; Motion for Directed Verdict; Jury Instructions | |
| State v. Adams (21-504 - Unpublished)
Assault with a deadly weapon intent to kill and inflicting serious injury, NCGS 14-32(a); Assault with a deadly weapon inflicting serious injury, NCGS 14-32(b); motion to dismiss; intent to kill; lesser included offense; possession of weapon of mass destruction; prior record level, NCGS 15A-1340.14(c)(4); date of offense, NCGS 15A-1340.14(c). | |
| Warren Paul Kean v. Amy Delene Kean (21-102 - Unpublished)
motion to dismiss appeal; interlocutory appeal from order compelling discovery; untimely discovery responses; COVID-19 court system filing extensions; Rules 33 and 34 of North Carolina Rules of Civil Procedure; attorney-client and work-product doctrine objections; assertion of privileges affects substantial right | |
| West 4th, LLC v. Brown (21-362 - Unpublished)
Breach of Contract; Summary Judgment; Sale of Real Property |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 18 PETITIONS AND 167 MOTIONS.
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|
Filed: 5 April 2022 Mandate: 25 April 2022 Zip File of Published Opinions Case Title / Description | |
| Bryan v. Kittinger (21-98 - Published)
Chicken, hens, poultry, household pet, restrictive covenant, amended, Planned Community Act, encumbrance, spouse, written agreement, affirmative vote, duly-called meeting, Rule 59 motion, Rule 60 motion. | |
| Bio-Med. v. N.C. Dep't of Health & Hum. Serv. (21-318 - Published)
Certificate of Need; contested case hearing; substantial prejudice. | |
| Osborne v. Redwood Mountain, LLC (21-515 - Published)
Prior appeal; declaratory judgment; prescriptive easement; motions to dismiss, Rules 12(b)(6), 12(g), 12(h)(2); summary judgment, Rule 56, prescriptive easement. | |
| Daedalus, LLC v. City of Charlotte (21-329 - Published)
Local Government; Statutory Authority; Ultra Vires; Interlocutory Appeal; Rule 54(b); Substantial Right; Writ of Certiorari | |
| Foxx v. Foxx (21-346 - Published)
Subsequent appeal, modification of equitable distribution, and findings of fact | |
| Walker v. K&W Cafeterias (21-335 - Published)
Workers' Compensation Act; subrogation; choice of law; distribution of attorneys' fees and costs | |
| Barrington v. Dyer (21-269 - Published)
Will contest; Rule 12(b0(6); res judicata; gatekeeping order factors; attorney's fees factors; award of attorney fees on appeal. | |
| Brady v. Brady (20-827 - Published)
alimony award; amount and duration of alimony; findings supported duration of alimony awarded; findings did not support conclusion of Defendant's ability to pay the amount of alimony awarded; N.C. Gen. Stat. 50-16.3A; equitable distribution; distributive award | |
| Cauley v. Bean (21-219 - Published)
Negligent infliction of emotional distress; NIED; Rule 12(b)(6) motion to dismiss; notice pleading; reasonable foreseeability; severe emotional distress. | |
| Moss v. N.C. Dep't of State Treasurer (21-60 - Published)
Transitional Disability Benefits; Cost of Living Adjustments; Social Security Offset Amount; Rule 12(b)(6); Motion to Dismiss; Administrative Law Judge; De Novo; Rule 12(b)(1); Chapter 135; N.C. Gen. Stat. § 135-112; N.C. Gen. Stat. § 135-9; N.C. Gen. Stat. § 143-64.80; Contract; Judicial Review; N.C. Gen. Stat. § 150B-51; Administrative Agency; Whole Record Standard of Review; Bank Account Statements; Collateral Estoppel | |
| In re: Pop Capitol Towers, LP (21-357 - Published)
property tax commission; appeals to property tax commission were untimely and commission lacked jurisdiction because notices of appeal were not postmarked or received within 30 days after taxpayers' receipt of notices of decision | |
| Preston v. Preston (21-204 - Published)
alimony; interlocutory; substantial right; Rule 11 sanctions; absolute divorce | |
| Rosenthal Furs, Inc. v. Fine (21-403 - Published)
Rule 3.7 of the NC Rules of Professional Conduct; Necessary Witness; Witness-Advocate Rule; Lawyer's right to appear pro se | |
| Russell v. N.C. Dep't of Pub. Safety (21-482 - Published)
Office of Administrative hearings had subject matter jurisdiction over contested case where administrative law judge chose to credit testimony regarding whether grievance was timely filed | |
| Schroeder v. City of Wilmington (21-192 - Published)
Zoning; Land Development Regulation; Statutory Interpretation; Preemption | |
| State v. Bennett (17-1027-2 - Published)
(View Supreme Court Opinion) Batson, jury selection, peremptory strike, step two, step three, race-neutral explanation, burden of proving purposeful discrimination | |
| State v. Bowen (21-43 - Published)
True threat; Extortion; First Amendment; N.C. Gen. Stat. 14-118.4; Unconstitutional; Free Speech Clause | |
| State v. Acker (21-512 - Published)
plain error; jury instructions; second-degree murder; self-defense; manslaughter | |
| State v. Jordan (21-91 - Published)
Motion to suppress evidence gathered following warrantless entry into residence, reasonable expectation of privacy in residence searched, exceptions to the warrant requirement. | |
| State v. Jordan (21-469 - Published)
Motion to Suppress; Reasonable Suspicion; Traffic Stop; Voluntary Consent | |
| State v. Sheffield (19-282 - Published)
Rule 401; Rule 404(b); evidence of sexual materials; plain error; satellite based monitoring; error of law; in camera review of sealed documents. | |
| Hall v. Wilmington Health, PLLC (20-864 - Published)
COVID-19, interlocutory, substantial right, due process, right to retained counsel, moot, preservation | |
| TAC Stafford, LLC v. Town of Mooresville (21-229 - Published)
summary judgment; development approvals; off-site improvements; municipal authority; statutory construction; attorneys' fees; reimbursement; exaction; mandamus; mootness | |
| The Soc'y for the Hist. Pres. of the Twenty-Sixth N.C. Troops, Inc. v. City of Asheville (21-429 - Published)
motion to dismiss; standing; breach of contract | |
| Unpublished Opinions 5 April 2022 - Rule 30e - Zip File of Unpublished Opinions Mandate: 25 April 2022 | |
| Brown v. Wortham Williams & Son, Inc. (21-488 - Unpublished)
Negligence; Appellate Jurisdiction | |
| Carpenter v. Bank of Am. Corp. (21-478 - Unpublished)
Rule 60(b); mistake, inadvertence, surprise, or excusable neglect; newly discovered evidence; fraud; other reasons justifying relief. | |
| Carroll at Bellemeade LLC v. Kabuto, Inc. (21-291 - Unpublished)
trial court did not abuse its discretion in denying motion to set aside judgment of summary ejectment where tenant was served by posting and failed to appear at trial | |
| Corieka Johnson Newton (now Boykin) v. Chauncey L. Newton (21-604 - Unpublished)
Temporary custody order; interlocutory appeal; lack of jurisdiction. | |
| Heather O'Neal & Fletcher O'Neal v. Arleen Burley & Devil Shoal Oyster
and Clam Co., LLP (21-539 - Unpublished)
Partnership dissolution; classification, distribution, and allocation of partnership property; interlocutory appeal; dismissed | |
| Hill v. Grant (21-479 - Unpublished)
Order granting partial summary judgment is an interlocutory order and not immediately appealable. Appellant fails to show a substantial right will be lost absent immediate review. | |
| In re CJO (21-582 - Unpublished)
abuse, neglect, and dependency; trial court's adjudication of neglected was supported by factual findings, which were supported by the evidence | |
| In re K.A.B., L.M.A. (21-413 - Unpublished)
UCCJEA, temporary emergency jurisdiction, visitation | |
| In re K.W. (21-632 - Unpublished)
Appeal from order eliminating reunification; guardian ad litem for a parent; verification of guardians; waiver of constitutionally protected status argument. | |
| In re S.M & D.M. (21-574 - Unpublished)
Findings of fact did not support adjudication of neglect where the adjudication order recited multiple allegations from the juvenile petition verbatim or near-verbatimt, lacked ultimate findings regarding pertinent issues, and included findings unsupported by clear and convincing evidence. | |
| In re W.A. (21-536 - Unpublished)
gag order, civil contempt, criminal contempt, juvenile petition, social media | |
| In re: S.P.B. (21-524 - Unpublished)
Affirming termination of parental rights (TPR); adjudication on ground of willful abandonment; no abuse of discretion; termination in best interests of child. | |
| In the matter of the Last Will and Testament of Alton Gard, Jr. (21-543 - Unpublished)
caveat; extrinsic fraud; statute of limitation; holographic will | |
| Kumaga v. Kumaga (21-341 - Unpublished)
Verified complaint for divorce; one year separation, NCGS 50-6; subject matter jurisdiction; fraudulent service. | |
| Marshall v. Wortham Williams & Son, Inc. (21-489 - Unpublished)
Wrongful death; appellate jurisdiction | |
| Morris v. Morris (21-179 - Unpublished)
child support, postseparation support, divorce, findings of fact, equitable distribution, conclusions of law | |
| NAACP, et. al v. State of N. Carolina, et. al (21-446 - Unpublished)
Facial constitutional challenge of legislative enactment; motion to dismiss based on sovereign immunity; interlocutory appeal; petition for writ of certiorari; lack of standing; vacated | |
| Smith v. Grant (21-67 - Unpublished)
North Carolina Child Support Guidelines; Worksheet A; Worksheet B; Child Support Order; Abuse of Discretion; Primary Physical Custody; Share Custody; Per Year. | |
| Smith v. Smith (21-195 - Unpublished)
Absolute divorce, NCGS 50-6; failure to timely assert post-separation support, NCGS 50-11(c); motion to recuse; failure to timely appeal; N.C. Rule Appellate Procedure 3; NCGS 1A-1, Rule 58. | |
| State v. Clark (21-510 - Unpublished)
jury instruction; flight; assault by strangulation; assault on a female; statutory mandate; sentencing multiple counts of assault | |
| State v. Evans (21-145 - Unpublished)
first-degree murder, kidnapping, felon, drug, heroin, motion for appropriate relief, closing argument, prosecution witness, district attorney, drug trafficking, immunity agreement, substantial assistance, evidentiary hearing, impermissible vouching, severance, joinder, limiting instruction, cross-examination | |
| State v. Green (21-391 - Unpublished)
Harbison Error; Felony Speeding to Elude Arrest; Petition for Writ of Certiorari | |
| State v. Griffin (21-304 - Unpublished)
Petition for writ of habeas corpus under N.C. Gen. Stat. 17-33(2); lawfulness of incarceration during Covid-19 pandemic; affirming summary denial of habeas petition; failure to comply with N.C. Gen. Stat. 17-7. | |
| State v. Hawkins (20-881 - Unpublished)
redacted statement to law enforcement, joint trial, Confrontation Clause, evidence, crime scene photograph, motion to disqualify, first degree murder | |
| State v. Hendricks (21-180 - Unpublished)
motion for appropriate relief; procedural default; N.C. Gen. Stat. 15A-1419 | |
| State v. Horne (21-545 - Unpublished)
Anders brief. | |
| State v. Jordan (21-90 - Unpublished)
Fourth Amendment; motion to suppress; competent evidence supported findings of fact and findings of fact supported conclusions of law; | |
| State v. Lewis (20-912 - Unpublished)
sex offense, indecent liberties, child, witness statement, no objection, DNA, sufficient evidence, Eighth Amendment | |
| State v. Point (21-507 - Unpublished)
robbery with a dangerous weapon; common law robbery; jury instructions; lesser included offense; attorneys' fees; notice and opportunity to be heard | |
| State v. Powell (20-824 - Unpublished)
Rule 404(b); Indecent Liberties with a Child; Similarity of Prior Sexual Assault | |
| State v. Trull (21-464 - Unpublished)
Petition for writ of certiorari; post-conviction DNA testing; materiality; no reasonable probability that the verdict would have been more favorable to Defendant | |
| State v. Turner (21-377 - Unpublished)
Evidence admissible as a recorded recollection, N.C. Gen. Stat. 8C-1, Rule 803(5); Defendant established neither ineffective assistance of counsel nor ineffective assistance of counsel per se; judgment vacated and remanded for resentencing where lack of documentation of defendant?s prior convictions impeded defendant?s right to appeal his sentence. | |
| State v. Whitford (20-725 - Unpublished)
Pretrial Determination of Immunity; Instructional Error; Repetitive or Excessive Evidence. | |
| Stephen Greene v. Christopher D. Lane (21-407 - Unpublished)
interlocutory order; substantial right; attorney disqualification; North Carolina Rules of Professional Conduct; conflict of interest | |
| Valdiviez v. Sup. Maint. Org. (21-2 - Unpublished)
worker?s compensation, findings of fact | |
| Webb v. N.C. State Highway Patrol (21-570 - Unpublished)
Industrial commission; subject matter jurisdiction; claims of negligence; intentional torts; constitutional claims. |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 18 PETITIONS AND 167 MOTIONS.
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|
Filed: 15 March 2022 Mandate: 4 April 2022 Zip File of Published Opinions Case Title / Description | |
| Brewton v. N.C. Dep't of Pub. Safety (21-215 - Published)
Industrial Commission, negligent, loss of use and enjoyment, right to compensation, value | |
| Edwards v. Jessup (21-7 - Published)
DWI, revoke, refused, chemical analysis, reasonable grounds, under the influence, asleep, due process, DMV employee | |
| Fearrington v. City of Greenville (20-877 - Published)
Red light cameras; subject-matter jurisdiction; exhaustion of administrative remedies; adequate state remedy; standing; N.C. Gen. Stat. ?? 89C-23, 10; procedural due process; substantive due process; N.C. Const. Art. IX, ? 7; Fines and Forfeitures Clause. | |
| Est. of Graham v. Lambert (21-15 - Published)
Interlocutory; governmental immunity; public official immunity; and gross negligence | |
| Galloway v. Snell (21-135 - Published)
Reversing and remanding where settlement agreement provision is ambiguous. | |
| In re Godwin Revocable Tr. (21-351 - Published)
Wills and trusts; mental capacity; undue influence; summary judgment; directed verdict; affidavit; petition for attorneys fees. | |
| In re K.W. (21-289 - Published)
Abuse, neglect, and dependency; findings of fact; and affect on the minor child. | |
| Vaitovas v. City of Greenville (20-889 - Published)
Constitutionality of local law concerning traffic cameras; prohibition on local laws relating to health, sanitation and the abatement of nuisances; distinction between material connection and tangential or incidental connection to health | |
| State v. Bradley (20-873 - Published)
Probation Revocation; Possession; Constructive Possession; Actual Possession; Vehicle; Maintain; Abuse of Discretion; Competent Evidence; N.C. Gen. Stat. Section 90-108; N.C. Gen. Stat. Section 15A-1343; and N.C. Gen. Stat. Section 15A-1344. | |
| State v. Porter (21-275 - Published)
Statutory sentencing range, probationary period, specific findings. | |
| State v. Gallion (21-375 - Published)
Sufficient search warrant application; sufficient findings of fact and conclusions of law in suppression order; N.C. Gen. Stat. ? 15-207; suppression of electronic monitoring data; hearsay; firearm identification evidence; sufficient evidence of first degree murder | |
| State v. Mullinax (20-536 - Published)
suppression, seizure, drugs, totality of circumstances, identification, command, walk away, additional officers, search of car, search of person, reasonable person, not free to leave | |
| Town of Midland v. Harrell (21-46 - Published)
Town of Midland; Harrell Land Development Company; dispute over responsibility for maintenance of roads in a development; civil penalties; standing; North Carolina General Statutes, Section 160A-12; Town ordinances; mandatory injunction and order of abatement; Rule 65(d) of North Carolina Rules of Civil Procedure; NCDOT road standards; attorney's fees; North Carolina General Statutes, Section 6-21.7; Town violated unambiguous limits on its authority; North Carolina General Statutes, Section 160A-388(b1) (2017) (recodified as Section 160D-705(b) (2021)). | |
| Unifund CCR Partners v. Young (20-916 - Published)
Action on a judgment; renewal judgment; clerk's jurisdiction to enter default judgment; sum certain jurisdiction; applicability of the Consumer Economic Protection Act; affirmative defense of usury. | |
| Unpublished Opinions 15 March 2022 - Rule 30e - Zip File of Unpublished Opinions Mandate: 4 April 2022 | |
| Bear Wallow Springs at Lake Toxaway Prop. Owners Ass'n v.
Lake Toxaway Cmty. Associat (21-94 - Unpublished)
covenants, residential lot, real property, neighborhood, subdivision, summary judgment, maintenance, assessment, restrictive covenant, ascertainable standard, real covenant | |
| Coates v. Cnty. of Durham (21-281 - Unpublished)
interlocutory appeal; appeal of a superior court's remand to a municipal board for further proceedings is interlocutory; special-use permit; attorney's fees | |
| DCW Classroom Designs, Inc. vs. Swartz . (21-288 - Unpublished)
appellate review, reply brief, summary judgment, abandoned | |
| Divine Purpose Int'l v. Dellinger (21-30 - Unpublished)
sanction, Rule 11, lying, lawful activities. | |
| Hedgecock Lumber Co. v. Willis W. Apple & Willis W. Apple P.A. (21-376 - Unpublished)
Motion to dismiss; discontinuance of summons; preservation. | |
| In Re D.C.F. (21-343 - Unpublished)
involuntary commitment, dangerous to self, counsel, due process, preservation, witness | |
| In Re D.K.B. (21-562 - Unpublished)
juvenile delinquency; trial court did not err in denying motion to suppress where juvenile suspect's furtive movements and officer's personal knowledge of juvenile's prior firearms offenses provided officer with reasonable suspicion to conduct a weapons frisk; testimony regarding comprehensive clinical assessment was not required and assessment qualified as an interdisciplinary evaluation | |
| In re K.L.L. (21-529 - Unpublished)
Termination of parental rights; NCGS 7B-1111(a)97)willful abandonment; NCGS 7B-1111(a)(1) abused or neglected; NCGS 7B-1111(a0(2) failure to make reasonable progress; clear, cogent and convincing evidence; unchallenged findings of fact. | |
| In re MRR (21-520 - Unpublished)
termination of parental rights, neglect, case plan, best interests, juvenile, mental health, parenting, housing, employment, substance abuse, child support, visitation, ultimate findings, permanent plan | |
| In re N.J.D.K. (21-569 - Unpublished)
Termination of parental rights; willful abandonment; single ground sufficient for termination. | |
| John R. Kochilla v. Mattamy Carolina Corp. (21-410 - Unpublished)
Standing to bring SPCA claim; conflict of laws; trespass; nuisance; judgement on the pleadings. | |
| Ocean Isle W. Homeowners Ass'n, Inc. v. Ocean Point Unit Owners Ass'n, Inc. (21-131 - Unpublished)
easement, grant, private road, gate, relocate, HOA, plats. | |
| Patton v. Patton (21-256 - Unpublished)
real property, partition, distribution, equitable, equity | |
| Sarvis v. Cnty. of Durham (21-282 - Unpublished)
interlocutory appeal; appeal of a superior court's remand to a municipal board for further proceedings is interlocutory; special-use permit; attorney's fees | |
| Splawn v. Bradshaw (21-412 - Unpublished)
interlocutory, substantial rights, appellate review, contract | |
| State of N. Carolina v. Jennifer Ann Jackson, State of N. Carolina v. Timothy James Ray (20-694 - Unpublished)
Criminal conspiracy; motion to dismiss; lesser-included offense; imperfect self-defense; admissibility of testifying co-defendant?s statements/admissions; Confrontation Clause; limiting jury instruction. | |
| State of N. Carolina v. Kathleen Jane Hayner (20-784 - Unpublished)
motion to dismiss; neglect of a disabled or elder adult causing serious injury; acting in concert theory; jury instruction. | |
| State of N. Carolina v. Kiyona Lashawn Brown (20-737 - Unpublished)
Castle Doctrine; Possession of a Firearm by a Felon; Pre-trial Determination of Castle Doctrine Immunity; Jury Instructions | |
| State of N. Carolina v. Myleick Shawn Patterson (21-224 - Unpublished)
Prior record level determination; prejudicial error; multiple convictions from single week. | |
| State of N. Carolina v. Robert La'Shaun Holley (20-760 - Unpublished)
First-degree murder, sufficient evidence, deadly weapon, ex mero motu, fundamentally unfair, inadmissible statement | |
| State of N. Carolina v. Tyler Michael Harris (21-103 - Unpublished)
plea agreement, vacate, repudiate | |
| State v. Albert G. Gurkin, Sr. (21-487 - Unpublished)
Anders review; trial court did not err in denying motion for postconviction DNA testing | |
| State v. David Daugherty (21-448 - Unpublished)
Attorney?s fees and colloquy | |
| State v. Harrison (21-197 - Unpublished)
probation, good cause, revocation, jail credit | |
| State v. Robinson (21-382 - Unpublished)
Petition for writ of certiorari granted, Anders review revealed no non-frivolous issues, appeal dismissed. | |
| State v. Stinson (20-890 - Unpublished)
jury instructions, knowledge footnote, deny knowledge, undercover agent, heroin, Fentanyl | |
| State v. Swanson (21-393 - Unpublished)
sentence, probation, trial court, concurrently, judgments, probationary period, imprisonment, clerical error, probation revocation | |
| State v. Wall (20-538 - Unpublished)
Habitual felon; substantive felony; motion for joinder; motion to suppress | |
| State v. Zeenalyn Patricia Williams (21-232 - Unpublished)
pleadings; facial validity; arrest warrant; notice; N.C. Gen. Stat. 50B-4.1; domestic violence; protective order |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 18 PETITIONS AND 167 MOTIONS.
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|
Filed: 1 March 2022 Mandate: 21 March 2022 Zip File of Published Opinions Case Title / Description | |
| Blackwell v. N.C. Dep't of Pub. Instruction (20-829 - Published)
worker?s compensation, lump-sum award, weekly benefits, injury, uncommuted value, mortality table, unusual case | |
| Dismas Charities, Inc. v. City of Fayetteville (20-914 - Published)
special use permit, zoning, halfway house, city council, denial, Standard 7, allows for the protection of property values, competent, material, substantial | |
| Dunhill Holdings, LLC v. Lindberg (20-384 - Published)
discovery sanctions, Rule 37(b)(2), final judgment, mootness, choice of sanctions | |
| Batson v. N.C. Coastal Res. Comm'n (21-110 - Published)
Attorneys' fees; trial court authority to award fees under N.C. Gen. Stat. 6-19.1 in judicial review proceeding challenging agency decision under N.C. Gen. Stat. 113A-121.1; substantial justification for agency decision; sufficiency of findings of fact | |
| In re Magestro (21-306 - Published)
Will Caveat; Declaratory Judgment; Mootness | |
| In re Adoption of C.H.M. (21-196 - Published)
Adoptions NCGS Chapter 48; parental rights; biological father; Due Process; duty to support | |
| Maddukuri v. Chintanippu (20-803 - Published)
Stipulations for settlement and withdrawal of consent. | |
| Parks v. Johnson (21-51 - Published)
declaratory judgment; will interpretation; former spouse; decedent's siblings; North Carolina General Statutes Sections 31-5.4, 31-42(b); testator's intent; unfulfilled condition precedent; residuary devise; intestacy; reversed | |
| Snow Enter., LLC v. Bankers Ins. Co. (21-41 - Published)
bail bonds; quasi-estoppel; unjust enrichment; criminal defendant was estopped from recovering return of bond premium where defendant received the benefit of a re-written bond without notifying surety within a reasonable amount of time that defendant wanted return of bond premium rather than benefit of re-written bond, for which no premium was charged | |
| State v. Guin (21-150 - Published)
Harbison error, implied concession of guilt, admission of facts not whole charges, jury instruction, lesser-included offenses, sufficiency of evidence, kidnapping, evidence of confinement distinct from concurrent assault | |
| State v. Hales (21-121 - Published)
Pro se defendant-appellant; violation of a local ordinance, N.C. Gen. Stat. 14-4; trial court's improper application of statutory sentencing requirements; motion to dismiss for selective prosecution; motion to suppress evidence. | |
| State v. Julius (20-548 - Published)
Motion to suppress, 4th amendment search; identity of driver; probable cause; reasonable suspicion; search incident to arrest; jury instructions. | |
| State v. Graham (21-440 - Published)
Probation revocation; NCGS 15A-1344(a). | |
| State v. Essick (21-134 - Published)
N.C. Gen. Stat. 15A-1340.17(f); statutory sentence enhancements; habitual felon; reportable convictions; sex-offender registry; unauthorized term of imprisonment | |
| State v. Pettiford (21-348 - Published)
Probation; revocation; misdemeanor breaking or entering; competent evidence; and abuse of discretion. | |
| Unpublished Opinions 1 March 2022 - Rule 30e - Zip File of Unpublished Opinions Mandate: 21 March 2022 | |
| Gregory E. Lindberg v. Tisha L. Lindberg (21-283 - Unpublished)
interlocutory appeal; substantial right; arbitration | |
| Harris v. Harris (20-700 - Unpublished)
child custody, contempt, attorney?s fees, consent order, substantial change of circumstances, welfare | |
| Hicks v. Hicks (21-246 - Unpublished)
Rule 60(b)(6); Modifying Consent Order; Mutual Mistake | |
| In re: K.W-M. (21-251 - Unpublished)
denial of visitation; challenged findings of fact; testimony at disposition | |
| In the Matter of T.B. (21-349 - Unpublished)
Involuntary Commitment; Sufficiency of Findings; Impartial Tribunal | |
| Lowrey v. Choice Hotels Int'l, Inc. (21-199 - Unpublished)
Interlocutory appeal; substantial right; discovery order; reconsideration order | |
| Rashunda Harrison v. Richard F. Morris (21-66 - Unpublished)
Motion to dismiss; statute of limitations; and continuing course of treatment doctrine | |
| Smoky Mountain Country Club Prop. Owners Ass'n, Inc. v.
Robert E. Dungan . (21-128 - Unpublished)
legal malpractice; motion to dismiss; statute of limitations; N.C. Gen. Stat. 1-15(c). | |
| State of N. Carolina v. Barry Carnell McCrae (20-847 - Unpublished)
conspiracy to commit murder, motion to dismiss, opinion testimony, jury instructions | |
| State of N. Carolina v. Bobby Johnson (21-241 - Unpublished)
Postconviction DNA testing; NCGS 15A-269(a); law of the case; sworn affidavit; no showing of different result. | |
| State v. Brandon Darryl Murphy (21-244 - Unpublished)
probation, suspended sentence, possession of drug paraphernalia, possession of marijuana drug paraphernalia, new crime, abuse of discretion | |
| State v. Calvin Lindale Kelly, Jr. (21-287 - Unpublished)
Sentencing; out-of-state convictions, substantial similarity to North Carolina offenses | |
| State v. Cochran (21-87 - Unpublished)
prior criminal convictions, sentencing levels, stipulations, substantial similarity | |
| State v. Joseph Murdock (20-547 - Unpublished)
Motion to Suppress; Fourth Amendment; Reasonable Expectation of Privacy; Executing Writ of Possession | |
| State v. Melvin (18-843-2 - Unpublished)
Armed robbery; kidnapping; conspiracy to commit armed robbery; joint trial; denial of motion for severance; conflicting evidence presented by co-defendants; determination of prejudice | |
| State v. Pamela Denise Brooks (21-185 - Unpublished)
Anders Appeal; Probation Revocation; Petition for Writ of Certiorari | |
| State v. Ryan Keith Moore (20-733 - Unpublished)
Plain Error, lesser included offense, State's closing argument | |
| State v. Travis Ray Overcash (21-217 - Unpublished)
Rule of Completeness, Preservation, Prejudice | |
| Vizcaino v. Am. Emerald Transp. Servs., Inc. (21-299 - Unpublished)
Worker's Compensation Act; Insurance Guaranty Act; covered claim; estoppel; N.C. Gen. Stat. 97-19.1; ancillary jurisdiction of the Industrial Commission; reimbursement |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 18 PETITIONS AND 167 MOTIONS.
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|
Filed: 15 February 2022 Mandate: 7 March 2022 Zip File of Published Opinions Case Title / Description | |
| Bryant v. Wake Forest Univ. Baptist Med. Ctr. (21-138 - Published)
medical malpractice; object left in body during surgery; summary judgment was proper on claims for actual and constructive fraud because there was no evidence of deceptive intent or fiduciary relationship between physician and patient; res ipsa loquitor did not apply because elements of both standard of care and breach required expert testimony; summary judgment on medical malpractice claim was proper because four-year rather than ten-year statute of limitations applied because evidence was uncontroverted that object left in body was intended to be left in body permanently for purpose of medical treatment; punitive damages claim failed where all other claims did not withstand summary judgment | |
| Cty. of Mecklenburg v. Ryan (21-205 - Published)
Service of process; notice; due diligence; real property; good faith purchaser; tax lien; tax collector; right of redemption; redemption; disability; email; petition for writ of certiorari; default judgment; confirmation of sale; upset bids; foreclosure; commissioner's deed; N.C. Gen. Stat. ? 105-361; restitution | |
| Dep't of Transp. v. Bloomsbury Est., LLC (21-323 - Published)
Summary judgment; motion to consolidate; expert opinion of valuation; NCGS 47C-117(b); NCGS 47C-1-107; NCGS 1A-1, Rule 42(a); NCGS 136-108. | |
| Dow-Rein v. Sarle (21-267 - Published)
Personal jurisdiction; specific jurisdiction; sufficiency of contacts; purposeful availment | |
| Mahone v. Home Fix Custom Remodeling (21-292 - Published)
Industrial Commission; Workers' Compensation Act; legal standard for determining compensability of injury; attendant care benefits; Workers' Compensation Rule 614; discovery sanctions. | |
| Medina v. Medina (21-157 - Published)
Sua sponte; Rule 60(b)(1); Parenting Coordinator; Writ of Certiorari; de novo; N.C. Gen. Stat. § 50-99, N.C. Gen. Stat. § 50-92. | |
| State v. Green (21-151 - Published)
first-degree murder; voluntary intoxication; admission of real evidence | |
| State v. Shuler (19-967-2 - Published)
(View Supreme Court Opinion) Right to remain silent; defense of duress; constitutional error; remand from Supreme Court; harmless beyond a reasonable doubt; no comment by State during closing. | |
| Walker-Snyder v. Snyder (21-186 - Published)
Domestic violence protective order; subject-matter jurisdiction; civil summons; competent evidence of domestic violence; harassment; substantial emotional distress | |
| Unpublished Opinions 15 February 2022 - Rule 30e - Zip File of Unpublished Opinions Mandate: 7 March 2022 | |
| Abernathy v. Mission Health Sys., Inc. (21-253 - Unpublished)
Summary judgment; elements of Retaliatory Employment Discrimination Act (REDA) claim; employer-employee relationship | |
| Cecil Holcomb Renovations, Inc. v. L. Firm of Wilson & Ratledge, PLLC (21-65 - Unpublished)
trial court did not abuse its discretion in disqualifying counsel based on violation of Rule 4.2 of Rules of Professional conduct; trial court had subject matter jurisdiction over counterclaim for unpaid legal fees despite absence of a notification regarding state bar's fee dispute resolution program; trial court did not err or abuse its discretion by excluding certain evidence of billing practices | |
| Coghill v. Brown (21-361 - Unpublished)
Summary ejectment; summary judgment; month-to-month tenancy | |
| Dow-Rein v. Sarle (21-262 - Unpublished)
Personal jurisdiction; sufficiency of contacts; purposeful availment; mandate rule | |
| Grace Ridge Gateway Terrace Durham, LLC v. Mattress Firm, Inc. (21-334 - Unpublished)
Summary ejectment; waiver; landlord and tenant. | |
| In re E.M. (21-564 - Unpublished)
Child abuse, neglect, and dependency; Subject matter jurisdiction; Juvenile petitions. | |
| In re L.J.J. (21-234 - Unpublished)
Adjudication Order; Controlled Substance; Sufficiency of the Evidence | |
| In re Z.B. (21-405 - Unpublished)
abuse, neglect, and dependency; trial court's adjudication of neglect was based on more than prior adjudications of abuse and neglect of sibling | |
| Jones v. Atlas Distribs., LLC (21-214 - Unpublished)
Personal jurisdiction; Rule 12(b)(2) dismissal; standard of review | |
| Jones v. Brock & Scott, PLLC (20-792 - Unpublished)
Rule 12(b)(6); Motion to Dismiss; Fair Debt Collection Practices Act; North Carolina Debt Collection Act | |
| Nehemiah v. Ameriglide, Inc. (21-122 - Unpublished)
Rule 3, Rule 9, notice of appeal | |
| State v. Bates (21-423 - Unpublished)
Motion to suppress; Fourth Amendment; consent; apparent control | |
| State v. English (20-595 - Unpublished)
trial court did not err in concluding defendant failed to make prima facie Batson challenge; no abuse of discretion by refusal to strike prospective jurors and give curative instruction; no error in overruling relevancy objection to expert's testimony or excluding portion of expert's report | |
| State v. McGill (21-453 - Unpublished)
habitual larceny; essential elements; N.C. Gen. Stat. 14.72; N.C. R. App. P. 4 | |
| State v. Porter (21-237 - Unpublished)
Assault with deadly weapon; denial of motion to dismiss; self-defense; defense of habitation | |
| State v. Thomas (20-814 - Unpublished)
capacity to proceed; competency hearing; ineffective waiver of counsel; structural error | |
| State v. Washington (20-844 - Unpublished)
Sixth Amendment right to counsel; forfeiture of right to counsel; waiver of assigned counsel; pro se defendant; egregious and dilatory conduct; new trial. | |
| State v. Young (20-523 - Unpublished)
indictment, lesser-included offense, swapping horses, Rule 403 | |
| Thomas v. Century Emp. Org., LLC (21-399 - Unpublished)
Workers' compensation; employer-employee relationship; special employee; NCGS 97-51; NCGS 58-48-55(a1). | |
| Utley v. Swann's Mill Homeowners Ass'n (21-166 - Unpublished)
foreclosure sale; third-party bidder from whom plaintiff did not seek to recover damages had standing to move to dismiss plaintiff's complaint; record demonstrated that trial court did not consider outside the pleadings in granting motion to dismiss, thus not converting ruling to summary judgment; plaintiff failed to timely file an upset bid under provisions of emergency COVID-19 orders extending filing times and deadlines | |
| Vanguard Sports Grp., LLC v. Smith (21-420 - Unpublished)
Summary judgment; limited liability company; amendment to operating agreement; ownership interests. | |
| Verdone v. Verdone (20-888 - Unpublished)
Nonjudicial partnership dissolution; Conflict of laws, substance and procedure; Direct and derivative suits. | |
| Williams v. Johnson (21-340 - Unpublished)
Child custody erroneously granted to non-party | |
| Wooten v. Wooten (21-367 - Unpublished)
Separation; Divorce; Alimony; Higher Education Contributions; Fraud; Warranty of Disclosure; Rescission; Ratification; Motion for Summary Judgment; Specific Performance |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 18 PETITIONS AND 167 MOTIONS.
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|
Filed: 1 February 2022 Mandate: 21 February 2022 Zip File of Published Opinions Case Title / Description | |
| Alexander v. NC State Bd. of Elections (21-77 - Published)
district court judicial elections; three-judge panel; attorneys fees; mootness | |
| Guy M. Turner Inc. v. KLO Acquisition LLC (21-118 - Published)
Summary judgment; genuine issues of material fact; N.C. Gen. Stat. ? 1-440.28; garnishment action; assertion of right to setoff; assertion of perfected security interest; no waiver of right to setoff | |
| In re: Chastain (21-127 - Published)
removal, clerk, misconduct, affidavit, official, rule of necessity, recusal, corruption, malpractice, disqualification, willful misconduct, sanction, due process, jurisdiction | |
| Miller v. LG Chem, Ltd. (20-687 - Published)
products liability; lack of specific jurisdiction; NCGS 1-75.4; causal connection; related to; minimum contacts; stream of commerce | |
| Moore v. Trout (20-166 - Published)
Jurisdiction; easement; interlocutory appeal. | |
| Rimmer v. Town of Chapel Hill (20-895 - Published)
Workers' compensation, notice of occupational disease, N.C. Gen. Stat. ? 97-22, timely filing of workers' compensation claim, N.C. Gen. Stat. ? 97-58 | |
| State v. Draughon (21-177 - Published)
motion to suppress; motion to dismiss; motion for judgment notwithstanding the verdict; AWDWIKISI; conspiracy | |
| State v. King (21-93 - Published)
Automatism, unconsciousness, self-serving evidence, sufficient evidence of premeditation and deliberation, voir dire questioning, closing arguments | |
| State v. McKoy (20-805 - Published)
exclusion of evidence; Rule 403; prejudicial error | |
| State v. Robinson (21-137 - Published)
Criminal contempt; summary proceedings | |
| Unpublished Opinions 1 February 2022 - Rule 30e - Zip File of Unpublished Opinions Mandate: 21 February 2022 | |
| Almason v. Southgate on Fairview Condo. Ass'n, Inc. (21-57 - Unpublished)
Declaratory judgement; violation of HOA bylaws | |
| Assoc. MD, LLC v. Metabolic Med., LLC (21-146 - Unpublished)
Breach of contract; denial of motion to set aside entry of default; grant of Rule 60 motion to set aside summary judgment; good cause | |
| Best Choice Prods. v. Hendrick, Bryant, Nerhood, Sanders & Otis, LLP (21-163 - Unpublished)
Motion to dismiss pursuant to Rule 12(b)(6); statute of limitations; N.C. Gen. Stat. § 1-15; legal malpractice claim; cause of action accrual; no bar to recovery on face of complaint | |
| Bossian v. Chica (21-381 - Unpublished)
interlocutory order; risk of inconsistent verdicts; Rule 11 sanctions; Rule 12(b)(6) | |
| Chalileh v. Jenkins (21-327 - Unpublished)
Motion to dismiss; statute of limitations; Rule 41 | |
| Evans v. Myers (20-52 - Unpublished)
Child custody; grandparent standing to intervene; actions inconsistent with constitutionally protected parental status; sufficiency of findings of fact | |
| In re D.A. (21-312 - Unpublished)
Juvenile; assault inflicting serious bodily injury; writ of certiorari; Fifth Amendment; self-incrimination; N.C. Gen. Stat. § 7B-2405; restitution; N.C. Gen. Stat. § 7B-2501; and N.C. Gen. Stat. § 7B-2506. | |
| In re Foreclosure of Noori (20-728 - Unpublished)
Deed of Trust, Equitable Defense, Legal Defense, Rule 9, Necessary Documents, Amend the Record. | |
| Jenkins v. Wells Fargo Bank, NA (21-336 - Unpublished)
Workers' Compensation Act; no compensable injury by accident; preservation of issue; sufficient findings of fact and conclusions of law | |
| N.C. Farm Bureau Mut. Ins. Co., Inc. v. Kerby (20-883 - Unpublished)
Insurance policies; exclusionary clauses; intentional acts. | |
| State v. Adams (20-865 - Unpublished)
Motion to suppress; warrantless search; warrantless seizure; traffic stop; Terry stop; reasonable suspicion; reasonable, articulable suspicion; community caretaking doctrine; Fourth Amendment; Controlled Substances Act; driving with suspended license. | |
| State v. Denny (21-384 - Unpublished)
Anders review, post-conviction DNA testing, petition for writ of certiorari | |
| State v. Faulk (21-55 - Unpublished)
First Degree Murder; Motion to Suppress; Exigent Circumstances; Warrant Requirement | |
| State v. Glasson (20-15 - Unpublished)
aggravating factor, position of trust or confidence, bad acts evidence, disclosure | |
| State v. Largen (21-164 - Unpublished)
Voluntary manslaughter; robbery with dangerous weapon; sufficiency of factual basis; calculation of prior record level | |
| State v. Lewis (21-301 - Unpublished)
Anders brief; wholly frivolous; attorney fees; possession of a firearm by a felon; homicide; suicide; crime scene; defense of accident; second-degree murder; Alford plea; sentencing; prior record level | |
| State v. McCauley (21-266 - Unpublished)
satellite-based monitoring; Fourth Amendment; aggravated offense | |
| State v. Nougier (21-63 - Unpublished)
Attempted first degree murder; sufficiency of evidence of premeditation and deliberation; denial of request for jury instructions; attempted voluntary manslaughter; voluntary intoxication | |
| State v. Parker (21-474 - Unpublished)
N.C. Gen. Stat. ? 15A-1444(a2)(2); guilty plea; court costs imposed across two judgments; alleged violation of N.C. Gen. Stat. ? 7A-304(a); no subject matter jurisdiction; appeal dismissed | |
| State v. Poss (21-365 - Unpublished)
Assault with a deadly weapon inflicting serious injury; deadly weapon per se; overwhelming evidence of guilt; invited error. | |
| State v. Sanford (20-607 - Unpublished)
Motion to dismiss; injury to real property; jury instructions; trespass; damage to real property; lease; reasonable belief; claim of right; motion in limine; preservation; appellate review; plain error; right to present a defense; felony; misdemeanor; intent | |
| State v. Torres (21-69 - Unpublished)
Indecent liberties; admission of corroborative testimony about out of court statements | |
| State v. Viers (20-806 - Unpublished)
Expert Testimony; Impermissible Vouching for Witness Credibility; Preservation; Prejudicial Error | |
| Tuel v. Tuel (21-187 - Unpublished)
child custody; relocation; findings of fact; appellate mandate; Ramirez-Barker v. Barker; abuse of discretion | |
| Wattley v. Wortham-Thomas (20-804 - Unpublished)
interlocutory appeal, substantial right |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 18 PETITIONS AND 167 MOTIONS.
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|
Filed: 18 January 2022 Mandate: 7 February 2022 Zip File of Published Opinions Case Title / Description | |
| Carmichael v. Cordell (21-317 - Published)
Personal jurisdiction; minimum contacts; in personam jurisdiction, NCGS 1-75.4; in rem jurisdiction, NCGS 1-75.8; property located within NC; abuse of discretion. | |
| Dan King Plumbing Heating & Air Conditioning, LLC v. Harrison (20-698 - Published)
unfair and deceptive practices; reliance on false signature could not be shown where party was unaware of the signature; trial court erred in concluding that claims for unfair and deceptive practices failed where party was sold duplicate warranties; remand required to determine the reasonableness of any reliance on duplicate warranties; trial court did not abuse its discretion in refusing to allow amendment of counterclaim during trial; trial court erred by failing to grant motion for directed verdict on defective workmanship claim because no expert testimony supported claim that workmanship was defective, as required; attorney's fees issue was not preserved for appellate review where no ruling was obtained on the request prior to appeal being noticed; trial court did not abuse its discretion in directing the order of closing arguments, if issue was preserved for appellate review | |
| Davis v. Lake Junaluska Assembly, Inc. (21-333 - Published)
Summary judgment; NCGS 47F; NC Planned Community Act; Applicability; Assessments; Disclosure of records; | |
| In re: A.P. (21-310 - Published)
Permanency planning order; reasonable accommodations for respondent-parent; sufficient findings of fact and conclusions of law; visitation order; substantial discretion to guardian over visitation; future review hearings | |
| Monroe v. MV Transp. (21-316 - Published)
North Carolina Industrial Commission; disability benefits; showing of futility; remanded for further findings. | |
| Sprouse v. Mary B. Turner Trucking Co. LLC (20-874 - Published)
Workers compensation; NCGS 97-22; causal relation; timely notice; burden to show lack of prejudice. | |
| State of NC Ex. Rel. Utils. Comm'n v. Friesian Holdings, LLC (20-867 - Published)
North Carolina Utilities Commission; independent solar energy plant; certificate of public convenience and necessity; North Carolina General Statutes Section 62-110.1(a); FERC crediting policy; no federal preemption; levelized cost of transmission test; cost to ratepayers; purchase power agreement; affirm the Commission's denial of application | |
| State v. Brichikov (20-660 - Published)
Lesser included instruction; involuntary manslaughter; culpable negligence; prejudicial error; State v. Debiase. | |
| State v. Cataldo (20-740 - Published)
Motion for Post Conviction Discovery; Motion for Appropriate Relief; law of the case doctrine; scope of discovery order; in camera review; Pennsylvania v. Ritchie | |
| State v. Crew (20-721 - Published)
Motion to dismiss; leading question during direct examination; plain error; restitution; authority to immediately convert restitution award to civil judgment | |
| State v. Guinn (21-153 - Published)
modification of probation; right to counsel; waiver; N.C. Gen. Stat. 15A-1242; subject-matter jurisdiction | |
| State v. Heath (20-715 - Published)
motion to suppress, conflicting material evidence | |
| State v. Steele (20-894 - Published)
embezzlement; fiduciary duty; jury instructions | |
| State v. Ward (21-303 - Published)
Sixth amendment, right to counsel, self-representation, expert witness, bolstering credibility of prosecuting witness, plain error review, ineffective assistance of counsel. | |
| Unpublished Opinions 18 January 2022 - Rule 30e - Zip File of Unpublished Opinions Mandate: 7 February 2022 | |
| Enoch v. Monarch (20-585 - Unpublished)
Workers' compensation; denial of additional treatment; award of attorneys' fees for unfounded litigiousness under N.C. Gen. Stat. 97-88.1 | |
| In re J.B. (21-457 - Unpublished)
Modification of child custody order; substantial change of circumstances; N.C.G.S. 50-13.7 | |
| Kim v. Calloway (21-52 - Unpublished)
Contempt; failure to pay child care expenses under court order; willfulness requirement; insufficient findings of fact | |
| McGirt v. Durham Cnty. Gov't (21-261 - Unpublished)
wrongful death while in custody; interlocutory appeal based on sovereign, governmental, or qualified immunity; trial court correctly granted in part and denied in part motion to dismiss; no immediate appeal of right existed from trial court's denial of claim for temporary or permanent injunction | |
| Miller v. E. Band of Cherokee Indians (21-206 - Unpublished)
Motion to dismiss; sovereign immunity; tribal defendants; Native American tribe; Eastern Band of Cherokee Indians; interlocutory; appellate jurisdiction; real property; easements | |
| Revis v. Schleder (21-360 - Unpublished)
Res ipsa loquitur; negligence; medical negligence; medical malpractice; special pleading requirements; Rule 9(j); Rules of Civil Procedure; motion to dismiss; interlocutory appeal; appellate jurisdiction; and vicarious liability. | |
| Roth v. Roth (21-84 - Unpublished)
modification of child support; calculation of gross income; witness credibility; issue abandoned on appeal | |
| State v. Dawson (21-372 - Unpublished)
Anders brief; prior record level; sentence dispositions; sentence duration | |
| State v. Hugayes (20-756 - Unpublished)
Invited instructional error; indecent liberties; double jeopardy. | |
| State v. Johnson (20-820 - Unpublished)
Ineffective assistance of counsel claim; opening door to inadmissible evidence; sufficiency of evidence of two separate assaults | |
| Woodforest Nat'l Bank v. Edwards Brothers Malloy, Inc. (20-217 - Unpublished)
Right to appeal; motion to intervene; Rule 3; abandonment. |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 18 PETITIONS AND 167 MOTIONS.
|
|
Filed: 4 January 2022 Mandate: 24 January 2022 Zip File of Published Opinions Case Title / Description | |
| Asare v. Asare (20-708 - Published)
alimony, divisible property, unequal distribution | |
| Barus v. Coffey (20-823 - Published)
Rule 12(b)(6), motion to modify child support | |
| In re: K.H. (21-379 - Published)
Trial court did not err in adjudicating juvenile neglected, N.C. Gen. Stat. § 7B-101(15); trial court properly admitted drug test results pursuant to the business records exception to the hearsay rule, N.C. Gen. Stat. § 8C-1, Rule 803(6), trial court did not abuse its discretion in juvenile disposition order. | |
| State v. Hogan (20-795 - Published)
excuse juror for cause; clerical error | |
| State v. Redmond (21-212 - Published)
Fatal variance, special property interest, injury to personal property, restitution, unsold property, market value not speculative | |
| State v. Thompson (20-434 - Published)
Motion to dismiss; fleeing to elude arrest; reasonable articulable suspicion; probable cause; N.C.G.S ? 15A-401. | |
| Unpublished Opinions 4 January 2022 - Rule 30e - Zip File of Unpublished Opinions Mandate: 24 January 2022 | |
| Albright v. Equity Lifestyle Props., Inc. (20-900 - Unpublished)
motion to compel arbitration; arbitration; substantial right; wrongful death; scope of arbitration; validity of arbitration agreement | |
| Dotson v. Barber (21-45 - Unpublished)
untimely notice of appeal | |
| Fleming v. Cedar Mgmt. Grp., LLC (21-213 - Unpublished)
motion to dismiss; transfer fee; Chapter 39A; denial of leave to amend complaint | |
| Hendrixson v. Div. of Soc. Servs. (20-282 - Unpublished)
Medicaid; Medicare; dual eligible; N.C.G.S. § 108A-55.1; unpromulgated rule; Duke Univ. Med. Ctr. v. Bruton. | |
| In re D.B. (21-426 - Unpublished)
Child custody, cessation of reunification as secondary plan | |
| In re K.T.B. (21-435 - Unpublished)
independent review under Anders and In re LEM revealed no meritorious issue where counsel did not argue error in trial proceedings | |
| In re T.C.M. (21-242-2 - Unpublished)
juvenile, caretaker, reunification, visitation, grandfather, mental health, placement, removal parent, dependent, venue, minor, subject matter jurisdiction, standing, social services, DSS, conflict of interest, disposition, adjudication | |
| Lantz v. Lantz (21-168 - Unpublished)
Grandparent custody; standing; consent order; N.C. Gen. Stat. 50-13.1 | |
| Reverse Mortg. Sols., Inc. v. Dufault (21-159 - Unpublished)
Motion to Dismiss; Failure to State a Claim; Quiet Title; Description of Land in Deed | |
| State v. Acklin (21-385 - Unpublished)
Alford plea, sufficiency of indictment, obstruction of justice, essential element, repudiation of plea | |
| State v. Bowens (20-796 - Unpublished)
Dismissed, plea, plea agreement, factual basis, writ of certiorari. | |
| State v. Cox (21-290 - Unpublished)
Pro Se Filing; Motion for Appropriate Relief | |
| State v. Daw (20-842 - Unpublished)
trial court did not err in denying the defendant's motion to dismiss because substantial evidence existed of his deceptive intent | |
| State v. Locklear (20-790 - Unpublished)
First-degree murder, robbery, dangerous weapon, search warrant, plea deal, ineffective assistance of counsel, trial counsel, prejudice, jury | |
| State v. Marion (20-729 - Unpublished)
Equal protection; selective prosecution; racial discrimination; similarly situated; felony murder; accessory after the fact; motion for appropriate relief; post-conviction discovery; findings of fact; conclusions of law; evidentiary hearing; competent evidence; and petition for writ of certiorari. | |
| State v. Miles (20-853 - Unpublished)
| |
| State v. Ruth (20-657 - Unpublished)
Attempted murder; possession of a firearm by a felon; discharging a firearm into an occupied vehicle in operation; attempted murder; felony fleeing to elude arrest; assault with a deadly weapon with intent to kill; jury selection; voir dire; Batson objection; racial discrimination; moot; burden of proof; race-neutral explanation; and assault with a firearm on a law enforcement officer. | |
| State v. Stewart (21-101 - Unpublished)
sexual assault, massage, sexual battery, sexual offense, indictment, essential element, force, purpose, subject matter jurisdiction | |
| Vance v. Laurels Healthcare Holdings (21-198 - Unpublished)
Workers' Compensation Act; injury by accident; extra exertion; insufficient finding of fact and conclusion of law; reversed and remanded | |