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)   Author: Judge April Wood
N.C. Gen. Stat. § 75-2501(c); Factors; Written and oral findings
Onnipauper LLC v. Dunston  (23-151 - Published)   Author: Judge Jeff Carpenter
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)   Author: Judge Julee Flood
administrative law judge; certificate of need; findings of fact; whole record test
Rook v. Rook  (22-902 - Published)   Author: Judge John Tyson
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)   Author: Judge Julee Flood
Reasonable suspicion; probable cause; unburned marijuana; inherent incredibility; testimonial credibility; deference
State v. Livingston  (22-678 - Published)   Author: Judge Donna Stroud
constructive possession, motion to dismiss, sufficiency of the evidence, possession of a firearm by a felon
State v. Lynn  (22-990 - Published)   Author: Judge Jeff Carpenter
Voir Dire; Alternate Jurors; Preservation; Ineffective Assistance of Counsel; Jury Instructions; Jury Polling
State v. Singletary  (22-1068 - Published)   Author: Judge April Wood
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Unpublished Opinions
19 September 2023  - Rule 30e - Zip File of Unpublished Opinions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Courtney Carter Homes, LLC v. Wynn Constr., Inc. (22-792 - Unpublished)   Author: Judge Tobias Hampson
Summary Judgment; Breach of Contract; Unclean Hands
Elwir v. The Boundary, LLC (22-961 - Unpublished)   Author: Judge Jefferson Griffin
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In re: D.S.R., A.N.R., K.M.R., I.M.R. (23-344 - Unpublished)   Author: Per Curiam
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In re: H.G. (22-807 - Unpublished)   Author: Judge Fred Gore
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)   Author: Per Curiam
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)   Author: Judge Donna Stroud
permanency planning order, neglect, visitation, constitutionally protected status as a parent
In re: M.D.G. (22-875 - Unpublished)   Author: Judge Chris Dillon
involuntary commitment, record on appeal, file stamp
In re: S.A.B.S. (22-830 - Unpublished)   Author: Judge Michael Stading
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)   Author: Judge John Arrowood
Attorney’s fees pursuant to N.C. Gen. Stat. 50-13.6
Messick v. WalMart Stores, Inc. (22-1069 - Unpublished)   Author: Judge Tobias Hampson
Industrial Commission; Injury-by-Accident
Odindo v. Kanyi (23-437 - Unpublished)   Author: Per Curiam
interlocutory order; no grounds for immediate appellate review; dismissal
Sloan v. Town of Mocksville (23-121 - Unpublished)   Author: Judge Julee Flood
Covid-19; retaliatory discrimination; legitimate nondiscriminatory reason; pretext; summary judgment
State v. Best (22-1050 - Unpublished)   Author: Judge Donna Stroud
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)   Author: Per Curiam
appeal dismissed; petition for writ of certiorari; untimely notice of appeal.
State v. Cox (23-31 - Unpublished)   Author: Judge Chris Dillon
possession of a firearm by felon, motion to dismiss, substantial evidence
State v. Cox (23-405 - Unpublished)   Author: Per Curiam
possession of cocaine; N.C. Gen. Stat. 90-95(a)(1) (2021); guilty plea; Anders brief; criminal appeal.
State v. Daley (23-7 - Unpublished)   Author: Judge John Tyson
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)   Author: Judge Julee Flood
N.C. Gen. Stat. § 15A-1242; waiver of counsel; voluntary and knowing; constitutional rights.
State v. Fore (23-231 - Unpublished)   Author: Per Curiam
Constitutional question; due process; appropriate procedure; jail-credit
State v. Gibbs (20-591-2 - Unpublished)   Author: Judge April Wood
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)   Author: Judge April Wood
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)   Author: Per Curiam
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)   Author: Per Curiam
Alford plea; Motion to suppress; Writ of certiorari; N.C. Gen. Stat. § 15A-979; Statutory right to appeal.
State v. Link (23-468 - Unpublished)   Author: Per Curiam
petition for writ of certiorari, motion to dismiss, acting in concert, larceny, felony habitual larceny
State v. McSpadden (23-247 - Unpublished)   Author: Per Curiam
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)   Author: Per Curiam
motion to suppress, reasonable suspicion, traffic stop, no error
State v. O'Hanlan (23-279 - Unpublished)   Author: Per Curiam
motion for post-conviction DNA testing; N.C. Gen. Stat. 15A-269; defendant's burden to demonstrate "materiality"
State v. Pitts (23-70 - Unpublished)   Author: Judge Michael Stading
Anders review, Second degree sexual offense, forcible sexual offense, appellate counsel, frivolous issue, good faith argument.
State v. Register (22-437 - Unpublished)   Author: Judge Chris Dillon
confrontation clause, waiver of counsel, continuance
State v. Stephens (23-280 - Unpublished)   Author: Per Curiam
Clerical error; Sufficiency of the evidence; Judgment form dates
State v. Streater (23-302 - Unpublished)   Author: Per Curiam
ineffective assistance of counsel, constructive possession, motion to dismiss
State v. Thomas (23-158 - Unpublished)   Author: Per Curiam
Right to a unanimous verdict; N.C.G.S. 14-415.1
Venable v. GREP Se. LLC (23-218 - Unpublished)   Author: Judge Chris Dillon
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.


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)   Author: Judge Fred Gore
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)   Author: Judge Allison Riggs
Public Records Act, Third-Party Possession, Constructive Possession, Attorney Fees
McKinney v. Goins  (22-261 - Published)   Author: Judge Allison Riggs
Revival of Statute of Limitations, Facial Constitutional Challenge, Law of the Land Clause, Substantive Due Process
State v. Daniels  (22-756 - Published)   Author: Judge Hunter Murphy
Probation revocation, probation violation, improper factors
State v. Todd  (22-680 - Published)   Author: Judge Donna Stroud
motion for appropriate relief, ineffective assistance of counsel, fingerprints, sufficiency of the evidence, deficient performance, prejudice, Irick rule
State v. Wright  (22-996 - Published)   Author: Judge Allison Riggs
Writ of Certiorari, Reasonable Suspicion, Trespassing, Probable Cause, Voluntary Consent, Terry frisk.
Clute v. Gosney  (22-1074 - Published)   Author: Judge Valerie Zachary
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)   Author: Judge Hunter Murphy
Abuse of discretion, custody determination, overnight guests
In re: A.E., A.E., B.E., C.E., K.E. (23-28 - Unpublished)   Author: Judge Chris Dillon
UCCJEA, home state jurisdiction, child custody modification, termination of parental rights
In re: A.F.F. & A.H.A. (23-125 - Unpublished)   Author: Judge Hunter Murphy
Termination of parental rights, mental health treatment, dependency
Michael Taylor v. Piney Grove (22-259 - Unpublished)   Author: Judge Allison Riggs
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)   Author: Judge Jeff Carpenter
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)   Author: Per Curiam
Direct Criminal Contempt, Notice of Appeal, Petition for Writ of Certiorari
State v. Kirk Walter Nunez-Sarraios (23-306 - Unpublished)   Author: Per Curiam
Structured Sentencing Act, Date of Offense
State v. LAURA CHRISTIAN GILES (22-1032 - Unpublished)   Author: Per Curiam
State v. Price (22-1064 - Unpublished)   Author: Judge Valerie Zachary
expert opinion testimony; identity of narcotics; independent evaluation; Confrontation Clause; plain error
State v. Putnam (23-78 - Unpublished)   Author: Per Curiam
Grossly improper, closing arguments
State v. Rivers (23-176 - Unpublished)   Author: Judge Allison Riggs
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)   Author: Judge Allison Riggs
DWI, Substitute Expert Testimony, Confrontation Clause
State v. Sanders (20-428 - Unpublished)   Author: Judge Allison Riggs
Motion To Suppress, Fourth Amendment, Seizure, N.C.Constitution Art. I Sec. 20
State v. Sloan (23-272 - Unpublished)   Author: Per Curiam
attorneys' fees, opportunity to be heard, writ of certiorari
State v. Smallwood (23-195 - Unpublished)   Author: Per Curiam
Prejudicial Error, N.C. Gen. Stat. 15A-1443
State v. Taylor (22-1020 - Unpublished)   Author: Judge Allison Riggs
Rule 404(b); Rule 403; Plain Error; Ineffective Assistance of Counsel
State v. Tillman (22-630 - Unpublished)   Author: Judge Valerie Zachary
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.


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)   Author: Judge John Tyson
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)   Author: Judge Valerie Zachary
equitable distribution; application; affidavit; equitable estoppel; waiver
Cowperthwait v. Salem Baptist Church, Inc.  (22-374 - Published)   Author: Judge Hunter Murphy
failure to prosecute, selection of sanction, abuse of discretion
Diener v. Brown  (23-66 - Published)   Author: Judge Allegra Collins
breached of separation agreement, specific performance, arrearages, military retirement pay
Gantt v. City of Hickory  (21-767-2 - Published)   Author: Judge Jeff Carpenter
N.C. R. Civ. P. 41; relation back; statute of limitations; voluntary dismissal; standing; rehearing.
Howell v. Cooper  (22-571 - Published)   Author: Judge April Wood
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)   Author: Judge Jeff Carpenter
termination of parental rights; willful abandonment; willfulness; restrictive parole conditions; no contact provision.
In re: S.C.  (22-965 - Published)   Author: Judge Hunter Murphy
self-incrimination, juvenile, adjudicatory hearing
Jones v. J. Kim Hatcher Ins. Agencies, Inc.  (22-1030 - Published)   Author: Judge Michael Stading
Agency, fiduciary duties, insurance, negligence, contributory negligence, liability.
Rose v. Powell  (23-163 - Published)   Author: Judge Julee Flood
12(b)(6); grandparent visitation; grandparent custody; defacto family
State v. Calderon  (22-822 - Published)   Author: Judge Jeff Carpenter
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)   Author: Judge Allegra Collins
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)   Author: Judge Allegra Collins
judgment renewal; standing
Burns v. Luth (23-251 - Unpublished)   Author: Judge John Arrowood
adverse possession; hostility element; planted trees
Casa Advisors, LLC v. Sheets (22-1039 - Unpublished)   Author: Judge John Arrowood
Joint venture; interlocutory appeal
Colonial Plaza Phase Two, LLC v. Cherry's Elec. Tax Servs., LLC (23-159 - Unpublished)   Author: Judge April Wood
N.C. R. App. P. 3(c); Missing file stamp; Notice of appeal; Subject matter jurisdiction.
Deatley v. Deatley (22-1070 - Unpublished)   Author: Judge Allison Riggs
Equitable Distribution; Findings on Distributional Factors; Sufficiency of the Evidence
Holmes v. Blackmon (23-119 - Unpublished)   Author: Judge John Arrowood
landlord liability to a third party; premises liability; dog bite
In re: B.C. (23-75 - Unpublished)   Author: Judge Tobias Hampson
termination of parental rights; best interests of the child; likelihood of future neglect
In re: B.C.B. (23-79 - Unpublished)   Author: Judge Julee Flood
PWC; termination of parental rights; abuse, neglect, dependency;
In re: E.I.H. (22-928 - Unpublished)   Author: Judge John Tyson
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)   Author: Judge Michael Stading
Termination of parental rights, clear, cogent and convincing evidence, willful abandonment, ineffective assistance of counsel.
In re: I.M. & I.M. (22-966 - Unpublished)   Author: Judge Julee Flood
3.1; Termination of parental rights; neglect; dependency; N.C. Gen. Stat. § 7B-1111(a)(9)
In re: S.R.A. (22-1009 - Unpublished)   Author: Judge Allison Riggs
Incarceration, Failure to Make Reasonable Progress, Best Interest Determination
In re: Z.H.T. & D.M.T. (22-979 - Unpublished)   Author: Judge Jeff Carpenter
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)   Author: Judge Jefferson Griffin
Pro Se; Subject Matter Jurisdiction; Industrial Commission; Negligence; Tort Claims Act
Latham-Hall Techs. v. Vecoplan, LLC (23-286 - Unpublished)   Author: Judge Allegra Collins
appeal dismissed, compulsory counterclaim under Rule 13(a), breach of contract, quantum meruit, underlying suit no longer pending
Roberts v. Roberts (23-54 - Unpublished)   Author: Judge Valerie Zachary
motion to dismiss; quiet title; unjust enrichment; mootness; statute of limitations
Rosewood Est. I, LP v. Drummond (23-118 - Unpublished)   Author: Judge Tobias Hampson
Lease Agreement; Summary Ejectment; Judgment for Possession
Seymore v. Hartman (23-144 - Unpublished)   Author: Judge Allegra Collins
Civil Procedure Rule 53
Shook v. N.C. Dep't of Pub. Safety (22-755 - Unpublished)   Author: Judge Jefferson Griffin
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)   Author: Judge Julee Flood
Anders v. California; State v. Kinch; prejudicial error; mitigating factors; presumptive range; prior record level; calculation
State v. Carver (22-1040 - Unpublished)   Author: Judge Julee Flood
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)   Author: Judge Fred Gore
self-defense pattern jury instructions; no duty to retreat; stand your ground provision; prejudicial error
State v. Gill (23-50 - Unpublished)   Author: Judge Jeff Carpenter
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)   Author: Judge Allegra Collins
lesser included offenses
State v. Gonzalez (22-1022 - Unpublished)   Author: Judge Allegra Collins
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)   Author: Judge Allison Riggs
Rule 702, prejudicial error, expert witness, expert testimony, opinion testimony
State v. Johnson (23-52 - Unpublished)   Author: Judge John Arrowood
Plain error; motion to suppress; trial court’s questioning of witnesses
State v. Jordan (23-2 - Unpublished)   Author: Judge John Tyson
Motion for Appropriate Relief; Larceny from a Merchant; PWC; N.C. Gen. Stat. § 14-72.11(2);
State v. Marler (22-964 - Unpublished)   Author: Judge Chris Dillon
indecent liberties, expert testimony, motion to dismiss, sentencing
State v. Moorer (23-281 - Unpublished)   Author: Per Curiam
DWI; Admission of Body Camera Video; Plain Error;
State v. Parker (22-764 - Unpublished)   Author: Judge Tobias Hampson
Case Descriptors: Right to Counsel; Sixth Amendment; Motion to Continue
State v. Parry (23-292 - Unpublished)   Author: Judge Jefferson Griffin
Revoke; Probation; Expired; Good cause; Remanded
State v. Pratt (22-937 - Unpublished)   Author: Judge John Tyson
Second Degree Murder; IAC; Motions to Continue; Imperfect self defense; Mitigated sentence;
State v. Pritchett (22-805 - Unpublished)   Author: Judge Jefferson Griffin
Child Abuse; Definition of Caretaker; Motion to Dismiss
State v. Rector (22-803 - Unpublished)   Author: Judge Chris Dillon
First degree murder, voluntary intoxication, motion to suppress, robbery with a dangerous weapon, 5th amendment, 8th amendment
State v. Summers (22-980 - Unpublished)   Author: Judge Allegra Collins
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)   Author: Judge John Arrowood
assault; distinct interruption; multiple assault charges
State v. Whitcher (22-871 - Unpublished)   Author: Judge John Arrowood
sexual assault on a minor; expert testimony; witness credibility
State v. Williams (22-1015 - Unpublished)   Author: Judge John Arrowood
DRE expert testimony; indications of impairment; driving while impaired.
Town of Rural Hall v. Garner (23-185 - Unpublished)   Author: Judge Jefferson Griffin
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)   Author: Judge Chris Dillon
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.


Filed: 15 August 2023
Mandate: 5 September 2023
Zip File of Published Opinions

Case Title / Description
Arter v. Orange Cnty.  (23-86 - Published)   Author: Judge Fred Gore
municipal ordinance; zoning districts; land use; buffers; de novo; statutory interpretation
Edwards v. Town of Louisburg  (22-688 - Published)   Author: Judge Fred Gore
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)   Author: Judge Donna Stroud
Rule of Appellate Procedure 3.1, willful abandonment, N.C. Gen. Stat. 7B-1111(a)(7)
In re: Inhaber  (22-927 - Published)   Author: Judge Allison Riggs
Court's inherent authority to discipline attorneys; Notice
In re: P.L.E.  (22-793 - Published)   Author: Judge John Tyson
Guardianship; Visitation; Kinship placement; Required Findings;
Shepenyuk v. Abdelilah  (22-702 - Published)   Author: Judge April Wood
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)   Author: Judge Michael Stading
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)   Author: Judge Allison Riggs
Mistrial; Larceny; Motion To Dismiss; Intent; Lesser-Included Offense
State v. Wiley  (22-899 - Published)   Author: Judge Tobias Hampson
N.C. Gen. Stat. § 15A-1211; juror residency; excused juror
Wilson Cty. Bd. of Educ. v. Ret. Sys. Div.  (22-1027 - Published)   Author: Judge Allegra Collins
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)   Author: Judge Valerie Zachary
Rule 60(b); standing; default judgment
In re: B.R.C. (23-34 - Unpublished)   Author: Judge Fred Gore
N.C. Gen. Stat. § 7B-1111(a)(1), (2), (4), (6), and (7); alternative childcare arrangement
In re: Campbell (22-842 - Unpublished)   Author: Judge Tobias Hampson
Nonjurisdictional Appellate Rules Violation; Rule 28(b)(6); Dismissal
In re: D.A., B.A., C.A. (23-15 - Unpublished)   Author: Judge April Wood
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)   Author: Judge Allison Riggs
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)   Author: Judge John Arrowood
termination of parental rights without prior adjudication; neglect; dependency
In re: K.H. (22-738 - Unpublished)   Author: Judge Donna Stroud
involuntary commitment, dangerousness to self, impartial tribunal
In re: M.G.G. (23-84 - Unpublished)   Author: Judge Allison Riggs
Termination of Parental Rights; ICWA; ICWA Notice Requirements; ICWA Reason To Know; Indian Child
In re: P.W. (22-912 - Unpublished)   Author: Judge Julee Flood
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)   Author: Judge Fred Gore
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)   Author: Judge Valerie Zachary
termination of parental rights; neglect; willful abandonment; sufficiency of pleadings
Langtree Dev. v. JRN Dev., LLC (22-1016 - Unpublished)   Author: Judge April Wood
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)   Author: Judge Valerie Zachary
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)   Author: Judge April Wood
Summary judgment; Arbitration; Interlocutory; Collateral estoppel; Issue preclusion; Fraud; Negligent misrepresentation; UDTPA; Realtor; Contractor; Duty to disclose.
McMurray v. McMurray (22-904 - Unpublished)   Author: Judge Tobias Hampson
attorney fees; separation agreement; QDRO
Monell v. Hubbard (22-1071 - Unpublished)   Author: Judge Allison Riggs
Domestic Violence Protection Order; Findings of Fact; Due Process.
Oxford Hous. Auth. v. Glenn (22-841 - Unpublished)   Author: Judge Fred Gore
24 C.F.R. § 966.4; notice of lease termination; Public Housing Authority
Savage v. N.C. Dep't of Transp. (22-673 - Unpublished)   Author: Judge Chris Dillon
Dept of Transportation, drivers license, drivers education, program specialist
State v. Beatty (22-948 - Unpublished)   Author: Judge Jefferson Griffin
Motion to Suppress; Anonymous Tip; Fourth Amendment Search; Search Warrant; Informant
State v. Bryant (22-876 - Unpublished)   Author: Judge April Wood
Preservation of error; Flight; Jury instructions; Instructions on flight; N.C. Gen. Stat. § 15A-1443.
State v. Connelly (22-789 - Unpublished)   Author: Judge Chris Dillon
larceny after breaking or entering, felony breaking or entering, jury instruction, prior bad acts
State v. Grissett (22-200 - Unpublished)   Author: Judge Chris Dillon
1st degree murder, 2nd degree murder, ineffective assistance of counsel, jury instruction
State v. Martin (22-963 - Unpublished)   Author: Judge April Wood
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)   Author: Judge Hunter Murphy
self-defense, mens rea, and ineffective assistance of counsel.
State v. Rodgers (22-632 - Unpublished)   Author: Judge Chris Dillon
touch DNA, expert testimony, Rule 702
Trull v. Chavez (22-729 - Unpublished)   Author: Judge Donna Stroud
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.


Filed: 1 August 2023
Mandate: 21 August 2023
Zip File of Published Opinions

Case Title / Description
Crowell v. Crowell  (22-737 - Published)   Author: Judge Hunter Murphy
distribution of marital debt, equitable distribution, subject matter jurisdiction, injunction
Fun Arcade, LLC v. City of Hickory  (22-557 - Published)   Author: Judge April Wood
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)   Author: Judge Chris Dillon
lease, amendment, renewal option, estoppel, ratification
Hinman v. Cornett  (22-481 - Published)   Author: Judge April Wood
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)   Author: Judge Hunter Murphy
Termination of parental rights, neglect and abandonment, no-contact order
In re: K.B., A.M.H., M.S.H.  (22-597 - Published)   Author: Judge Chris Dillon
home study, visitation, guardianship
State v. Bridges  (22-208 - Published)   Author: Judge Hunter Murphy
right to conflict-free counsel, ineffective assistance of counsel, renewed motion to withdraw
State v. McDonald  (22-672 - Published)   Author: Judge Jefferson Griffin
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)   Author: Judge Allison Riggs
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)   Author: Judge Allison Riggs
Discovery Orders; Interlocutory Appeal; Substantial Right; Appellate Jurisdiction
Icenhour v. Icenhour (23-26 - Unpublished)   Author: Judge Allison Riggs
Alimony Modification; Substantial Change in Circumstances; Contempt
In re: A.M.H., M.P.H., Jr., K.D.H. (23-89 - Unpublished)   Author: Judge Allegra Collins
termination of parental rights; neglect
In re: B.A.G., M.C.G., Jr., P.D.G. (23-184 - Unpublished)   Author: Judge Jefferson Griffin
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)   Author: Judge Chris Dillon
termination of parental rights, neglect, failure to make reasonable progress
In re: E.M.E., M.T.E. (22-924 - Unpublished)   Author: Judge Allison Riggs
Private Termination Action; Willful Abandonment; Incarceration; Best Interest Determination
In re: K.M. & K.M. (23-32 - Unpublished)   Author: Judge John Tyson
Termination of Parental Rights, Failure to Provide Reasonable Support
In re: L.D.M. (22-739 - Unpublished)   Author: Judge Chris Dillon
guardianship, visitation, reasonable progress
In re: L.S., W.S., Jr., D.S. (22-818 - Unpublished)   Author: Judge Fred Gore
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)   Author: Judge Michael Stading
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)   Author: Judge Chris Dillon
Kaplan v. Kaplan (23-1 - Unpublished)   Author: Judge Chris Dillon
alimony, attorney fees, post separation support, arrearages
N.C. Citizens for Transparent Gov't, Inc. v. The Vill. of Pinehurst (23-69 - Unpublished)   Author: Judge Hunter Murphy
statute of limitations, statutory interpretation, time-barred
Olschner v. Goines (22-944 - Unpublished)   Author: Judge Fred Gore
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)   Author: Judge Donna Stroud
discharging a weapon into an occupied dwelling, plain error, lack of prejudice
State v. Lytle (22-968 - Unpublished)   Author: Judge Jefferson Griffin
Motion to suppress; possession of controlled substances; plain view; manipulation of property
The N.C. State Bar v. Irek (22-667 - Unpublished)   Author: Judge Tobias Hampson
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)   Author: Judge Chris Dillon
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.


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)   Author: Judge John Tyson
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)   Author: Judge John Tyson (View Supreme Court Opinion)
Disposition Order; Parental Visitation; Abuse of Discretion; Required Factors to deny visitation;
Reints v. WB Towing Inc.  (22-1031 - Published)   Author: Judge Allison Riggs
Rule 52; Rule 12(b)(7); Motion to Dismiss; Failure to Join Necessary Party.
State v. George  (23-62 - Published)   Author: Judge Tobias Hampson
Ineffective Assistance of Counsel; Anders Brief; Pro se Brief; Independent Review
State v. Holliday  (22-852 - Published)   Author: Judge Valerie Zachary
trafficking in fentanyl by possession; "absolute impasse" rule; attorney-client relationship; trial tactics
State v. Moua  (22-839 - Published)   Author: Judge Allison Riggs
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)   Author: Judge Tobias Hampson
Competent Evidence; Traffic Stop; Fourth Amendment; Motion to Suppress; Vehicle Search
State v. Smith  (22-880 - Published)   Author: Judge Julee Flood
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)   Author: Judge Jeff Carpenter
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)   Author: Judge Michael Stading
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)   Author: Judge Tobias Hampson
no-merit brief; termination of parental rights; N.C.R. App. P. 3.1(e)
In re: D.P. (22-809 - Unpublished)   Author: Judge Michael Stading
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)   Author: Judge Julee Flood
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)   Author: Judge Hunter Murphy
inadmissible hearsay, unchallenged findings of fact
Manzoeillo v. PulteGroup, Inc. (21-722 - Unpublished)   Author: Judge Hunter Murphy
gross negligence, contributory negligence, and adequate allegation of facts
Mendez v. Mendez (22-647 - Unpublished)   Author: Judge April Wood
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)   Author: Per Curiam
Failure to preserve objection; Plain error review; No prejudice;
State v. Belfield (22-769 - Unpublished)   Author: Judge Julee Flood
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)   Author: Judge Jefferson Griffin
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)   Author: Judge Hunter Murphy
motion for mistrial, instructional error, and curative instruction
State v. Hines (22-824 - Unpublished)   Author: Judge Valerie Zachary
satellite-based monitoring; reportable conviction; Appellate Rules violations
State v. Mitchell (22-749 - Unpublished)   Author: Judge April Wood
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)   Author: Judge Allegra Collins
preservation; statutory mandate; sentencing
The Roman Catholic Diocese of Brooklyn, N.Y. v. Tighe (22-905 - Unpublished)   Author: Judge Chris Dillon
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)   Author: Judge John Tyson
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)   Author: Judge Allegra Collins
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)   Author: Judge Michael Stading
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)   Author: Judge Allison Riggs
Abuse; Neglect; Adjudication and Disposition; Sufficiency of the Evidence; Unsupported Findings of Fact
In re: N.B. & N.W.  (22-796 - Published)   Author: Judge Valerie Zachary
abused, neglected, and dependent juveniles; temporary emergency jurisdiction; home-state jurisdiction; UCCJEA
State v. Burris  (22-408 - Published)   Author: Judge Chris Dillon
driving while impaired, warrantless blood draw, curative instruction, exigent circumstances
State v. Gardner  (22-781 - Published)   Author: Judge Allegra Collins
lesser-included offense; jury instruction; voluntary manslaughter
State v. Hocutt  (22-851 - Published)   Author: Judge Allison Riggs
Plain Error; Hearsay; Rule of Evidence 803(5); New Trial
State v. Legrand  (22-586 - Published)   Author: Judge Allison Riggs
Motion to Dismiss; Attempted Armed Robbery; Attempted Murder; Prior Record Level; Prior Out-of-State Convictions
State v. Taylor  (22-788 - Published)   Author: Judge John Tyson
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)   Author: Judge Allison Riggs
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)   Author: Judge Valerie Zachary
petition for removal of sheriff from public office; subject-matter jurisdiction; motion to dismiss
Foxx v. Street (23-73 - Unpublished)   Author: Judge Valerie Zachary
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)   Author: Judge John Tyson
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)   Author: Judge John Arrowood
nonsecure custody order; neglect and dependency
In re: A.L., A.L., Jr. (22-916 - Unpublished)   Author: Judge April Wood
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)   Author: Judge Allison Riggs
Termination of Parental Rights; No Merit Brief; Termination Grounds; Best Interest of Child
In re: A.M.H.B. (22-711 - Unpublished)   Author: Judge Michael Stading
Willful abandonment; findings of fact; conclusions of law; no material conflict in evidence; willfulness; no abuse of discretion
In re: Corbett (22-618 - Unpublished)   Author: Judge Fred Gore
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)   Author: Judge Jefferson Griffin
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)   Author: Per Curiam
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)   Author: Judge Allison Riggs
Termination of Parental Rights; Challenged Findings of Facts; Termination Grounds for Neglect; Willful Failure to Make Reasonable Progress
In re: Lance (22-1048 - Unpublished)   Author: Judge Jeff Carpenter
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)   Author: Judge Allison Riggs
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)   Author: Per Curiam
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)   Author: Judge Allegra Collins
termination of parental rights; willful abandonment
In re: T.A.C. & I.M.C. (22-857 - Unpublished)   Author: Judge Allison Riggs
Termination of Parental Rights; Private Action; Willful Abandonment; Neglect; Abuse; Likelihood of Future Abuse and Neglect
In re: Z.A.G. (22-815 - Unpublished)   Author: Judge Chris Dillon
termination of parental rights, dependency, neglect, willful abandonment
In the Matter of C.L. and C.L. (22-946 - Unpublished)   Author: Judge Julee Flood
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)   Author: Judge John Arrowood
child custody; the mandate rule; inconvenient forum
Mary Betts v. NC Dep't of Health & Human Serv.s-- Cherry Hosp. (22-324 - Unpublished)   Author: Judge Fred Gore
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)   Author: Judge Fred Gore
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)   Author: Judge John Arrowood
Industrial Commission opinion and award; Adaptive housing expenses
Sharon Underwood v. Ingles Mkt.s, Inc. (23-42 - Unpublished)   Author: Judge John Tyson
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)   Author: Judge Tobias Hampson
administrative negligence claims; exclusion of expert testimony under Rule 702; medical malpractice
State of N. Carolina v. Harry Junior Ford (23-23 - Unpublished)   Author: Judge Fred Gore
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)   Author: Judge Fred Gore
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)   Author: Judge Allison Riggs
Lay witness testimony; opinion testimony; Rule 701; closing arguments; ex mero motu.
State v. Garcia (22-791 - Unpublished)   Author: Judge April Wood
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)   Author: Judge Allegra Collins
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)   Author: Judge John Arrowood
Human trafficking; acting in concert jury instructions; documentary exhibits; lay opinion testimony; cumulative error
State v. Painter (22-864 - Unpublished)   Author: Judge John Arrowood
second-degree murder; evidence of malice; prior bad acts
State v. Purvis (22-897 - Unpublished)   Author: Judge Tobias Hampson
duplicative court costs; writ of certiorari
State v. Stokes (22-898 - Unpublished)   Author: Judge John Arrowood
disseminating an obscenity; disclosure of private images; motion to dismiss
State v. Thompson (22-682 - Unpublished)   Author: Judge Valerie Zachary
post-conviction DNA testing; court-appointed counsel; rape; kidnapping
Walsh v. Street (23-72 - Unpublished)   Author: Judge Valerie Zachary
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.


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)   Author: Judge Allegra Collins
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)   Author: Judge Tobias Hampson
Personal Jurisdiction; General Appearance; Ineffective Assistance of Counsel
In re: Chastain  (22-649 - Published)   Author: Judge Jefferson Griffin
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)   Author: Judge Tobias Hampson
Motion to Change Venue; Third-Party Beneficiaries; Equitable Estoppel; Forum-Selection Clause
Johnson v. Lawing  (22-754 - Published)   Author: Judge Allegra Collins
modify custody order, motion to show cause, child's wishes, best interests
Tillman v. Jenkins  (22-531 - Published)   Author: Judge Allegra Collins
custody action between grandparent and parent; temporary and permanent custody orders; standing
Maynard v. Crook  (22-794 - Published)   Author: Judge Allegra Collins
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)   Author: Judge Donna Stroud
service, N.C. Gen. Stat. 150B-46, petition for judicial review
State v. Furtch  (22-643 - Published)   Author: Judge Allegra Collins
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)   Author: Judge John Tyson
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)   Author: Judge Julee Flood
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)   Author: Judge Allegra Collins
fleeing to elude arrest; sufficient evidence of specific intent to elude
State v. Miller  (22-453 - Published)   Author: Judge Allegra Collins
invited error; plain error; prior record level calculation
Southland Nat'l Ins. Corp. v. Lindberg  (22-1049 - Published)   Author: Judge Julee Flood
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)   Author: Judge Jefferson Griffin
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)   Author: Judge John Arrowood
neglected juvenile; abused juvenile; reasonable efforts for reunification
In Re Almanzar (22-911 - Unpublished)   Author: Judge John Arrowood
foreclosure; statute of limitations; neutral trustee
In Re J.A.H., B.A.H., B.A.H. (22-945 - Unpublished)   Author: Judge Jefferson Griffin
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)   Author: Judge Jefferson Griffin
Adjudication of neglect, non-secure custody of four children, domestic violence, applicability of parents' sexual conduct
In re N.G. (22-722 - Unpublished)   Author: Judge April Wood
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)   Author: Judge John Tyson
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)   Author: Judge Valerie Zachary
assault with a deadly weapon with intent to kill inflicting serious injury; jury instructions; prejudicial error
State v. Desmon Locklear (22-308 - Unpublished)   Author: Judge Donna Stroud
plain error, N.C. R. App. P. 10(a)(4), disciplinary hearing
State v. Jermaine Lemont Galloway (22-960 - Unpublished)   Author: Judge Allegra Collins
ineffective assistance of counsel; Harbison
State v. Kennedy (22-676 - Unpublished)   Author: Judge Tobias Hampson
Rule of Evidence 701; Prior Inconsistent Statement; Review for Plain Error
Steele v. N.C. Department of Pub. Safety (23-77 - Unpublished)   Author: Judge Allegra Collins
tort claims act; negligence
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 33 PETITIONS AND 195 MOTIONS.


Filed: 6 June 2023
Mandate: 26 June 2023
Zip File of Published Opinions

Case Title / Description
Crowell v. Crowell  (22-111 - Published)   Author: Judge Hunter Murphy
Law of the Case, Multiple Appeals, Money Judgment
In re: A.R.B.  (22-694 - Published)   Author: Judge Michael Stading
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)   Author: Judge John Tyson
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)   Author: Judge Allegra Collins
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)   Author: Judge April Wood
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)   Author: Judge Julee Flood
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)   Author: Judge Allegra Collins
failure to cause a summons to be timely issued
Semelka v. The Univ. of N.C.  (22-831 - Published)   Author: Judge John Arrowood
Collateral estoppel; Whistleblower Action
State v. Smith  (22-719 - Published)   Author: Judge John Arrowood
first-degree murder; lesser-included instruction; special instruction for minors
State v. Hefner  (22-435 - Published)   Author: Judge April Wood
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)   Author: Judge John Tyson
First-degree murder; Reopen jury voir dire; N.C. Gen. Stat. § 15A-1214(g); Waiver; No Error;
State v. Storm  (22-685 - Published)   Author: Judge Hunter Murphy
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)   Author: Judge Hunter Murphy
alienation of affection, criminal conversation, summary judgment
Clark v. Gillespie (22-535 - Unpublished)   Author: Judge Chris Dillon
boundary dispute, adverse possession, summary judgment, processioning
ED v. Char-Meck Bd of Educ (23-16 - Unpublished)   Author: Judge John Arrowood
expulsion; interlocutory appeal; PWC
Godley v. New Hanover Med. Grp. (22-823 - Unpublished)   Author: Judge Allegra Collins
Workers' compensation; Parsons presumption; Industrial Commission opinion and award
In re A.N. (22-498 - Unpublished)   Author: Judge April Wood
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)   Author: Judge Donna Stroud
visitation, N.C. Gen. Stat. 7B-905.1, abuse, neglect, dependency
In re EJR, MJR, EKJR, NRJ, & AEF (22-686 - Unpublished)   Author: Judge John Arrowood
Rule 3.1 parental termination; willful abandonment
In re H.K.S. (22-289 - Unpublished)   Author: Per Curiam
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)   Author: Judge Allison Riggs
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)   Author: Judge Fred Gore
N.C. Gen. Stat. § 7B-1111(a); neglect and dependency
In re M.J.B. (22-497 - Unpublished)   Author: Per Curiam
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)   Author: Judge Chris Dillon
child custody, transfer of venue, reasonable efforts to reunite, dispositional order
In re N.M. (22-674 - Unpublished)   Author: Judge April Wood
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)   Author: Judge Julee Flood
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)   Author: Judge John Tyson
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)   Author: Judge Jefferson Griffin
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)   Author: Judge Allegra Collins
findings of fact supported termination of parental rights; neglect
In re: C.A.P. (22-484 - Unpublished)   Author: Per Curiam
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)   Author: Judge Fred Gore
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)   Author: Judge Julee Flood
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)   Author: Judge Jefferson Griffin
Summary judgment, Judicial foreclosure, Allonge, Note, Holder
Richard J. Batten, Jr. and Carinna Batten (22-1052 - Unpublished)   Author: Judge Julee Flood
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)   Author: Judge Chris Dillon
vehicle ownership, title, damages, estate
Rogers v. Wells Fargo Bank, N.A. (22-978 - Unpublished)   Author: Judge John Tyson
Rule 12(b)(6); Res Jurdicata; Preclusive effect; Class action;
Sripathi v. Rayala (22-816 - Unpublished)   Author: Judge John Arrowood
final divorce judgment; Rule(6)(b)(1) motion; excusable neglect; mistake
State v. Abee (22-832 - Unpublished)   Author: Judge Jeff Carpenter
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)   Author: Judge April Wood
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)   Author: Judge Chris Dillon
plain error, ineffective assistance of counsel, conflict of interest
State v. Brandon Wayne Morefield (22-470 - Unpublished)   Author: Judge April Wood
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)   Author: Judge Allison Riggs
Probation Revocation; Absconding; Sufficiency of the Evidence; Abuse of Discretion.
State v. Devonte Cantey (22-693 - Unpublished)   Author: Judge Allegra Collins
Anders; Probation Revocation
State v. Horton (22-988 - Unpublished)   Author: Judge John Tyson
Notice of appeal; Rule 4; Oral notice - criminal cases; Written notice; Jurisdiction; Dismissal;
State v. Jedidiah Crabtree (22-936 - Unpublished)   Author: Judge John Arrowood
jury instruction on proximate cause; felony serious injury by vehicle
State v. Joyner (22-718 - Unpublished)   Author: Judge Allegra Collins
clerical errors on judgment and commitment form
State v. Kagen Fransward Williams (22-395 - Unpublished)   Author: Judge Donna Stroud
voluntary intoxication, closing argument, jury instruction
State v. Kenneth Lanord Mills (22-900 - Unpublished)   Author: Judge Chris Dillon
self defense, jury instructions, first degree murder, reputation testimony
State v. Keon Tekoas Smith (22-774 - Unpublished)   Author: Judge Tobias Hampson
Motion to Dismiss, Sufficiency of the Evidence, Second-Degree Kidnapping
State v. Mark Jones (22-454 - Unpublished)   Author: Judge Chris Dillon
motion to dismiss, second degree kidnapping, aggravating factor, multiple conspiracies
State v. Sipes (22-604 - Unpublished)   Author: Judge Chris Dillon
sexual battery, second degree kidnapping, Rule 404(b)
State v. Travon Jhamal Wiggins (22-265 - Unpublished)   Author: Judge Jeff Carpenter
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.


Filed: 16 May 2023
Mandate: 5 June 2023
Zip File of Published Opinions

Case Title / Description
Cullen v. Logan Developers, Inc.  (22-223 - Published)   Author: Judge Hunter Murphy
Home Builder, Contributory Negligence, Gross Negligence, Summary Judgment
In re: D.C. & J.C.  (22-751 - Published)   Author: Judge Julee Flood
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)   Author: Judge Hunter Murphy
Good Moral Character Rule, Arbitrary and Capricious, Substantial Evidence, Justice Officer Certification
State v. White  (22-369 - Published)   Author: Judge Valerie Zachary
motion to dismiss; larceny; obtaining property by false pretenses; single-taking rule
State v. Gunter  (22-669 - Published)   Author: Judge John Tyson
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)   Author: Judge Tobias Hampson
Motion to Dismiss for Insufficient Evidence; Constructive Possession; Possession of a Firearm by a Felon
State v. Reber  (22-130 - Published)   Author: Judge April Wood
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)   Author: Judge Hunter Murphy
Harbison error, implicit concession by counsel, statutory duty to disclose
State v. Wilkie  (22-94 - Published)   Author: Judge Donna Stroud
circumstantial evidence, first-degree murder, motion to dismiss
Thiagarajan v. Jaganathan  (22-745 - Published)   Author: Judge Valerie Zachary
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)   Author: Judge Donna Stroud
interlocutory, preliminary injunction, appellate jurisdiction
In re A.M.B. (22-505 - Unpublished)   Author: Judge April Wood
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)   Author: Judge Chris Dillon
termination of parental rights, failure to make reasonable progress, neglect
In re C.P. (22-760 - Unpublished)   Author: Judge Jeff Carpenter
Termination of parental rights; Rule 3.1(e); no-merit brief; neglect
In re H.M. (22-552 - Unpublished)   Author: Judge Tobias Hampson
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)   Author: Judge Allison Riggs
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)   Author: Judge Fred Gore
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)   Author: Judge Valerie Zachary
termination of parental rights; no-merits brief
In re S.Y., A.Y., & K.Y. (22-653 - Unpublished)   Author: Judge Jefferson Griffin
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)   Author: Judge John Tyson
Termination of Parental rights; Willful abandonment; Finding of Facts; Clear cogent convincing;
In re: J.R., J.R., J.R., Jr. (22-404 - Unpublished)   Author: Judge Jeff Carpenter
Rule 3.1; termination of parental rights; adjudication stage; neglect
Matter of R.D.R., K.J.R., & J.E.R. (22-777 - Unpublished)   Author: Judge Allegra Collins
Termination of Parental Rights; Willful Abandonment; Neglect by Abandonment
Mooney Versus Fastenal Co. (22-940 - Unpublished)   Author: Judge Fred Gore
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)   Author: Judge Tobias Hampson
Alford plea; Motion to Suppress; Petition for Writ of Certiorari
State of N. Carolina v. John D. Canoy (22-1038 - Unpublished)   Author: Judge April Wood
Anders brief; Guilty plea; Possession of methamphetamine; Possession of drug paraphernalia; Probation violation; Conditional Discharge.
State v. Bryant (22-820 - Unpublished)   Author: Judge Valerie Zachary
petition for writ of certiorari; Alford plea; clerical error
State v. Carlton Harris (22-728 - Unpublished)   Author: Judge Fred Gore
first degree murder; motion to suppress; Rule 106 completeness doctrine; ex mero motu
State v. Cephus (22-886 - Unpublished)   Author: Judge Julee Flood
Motion to continue; abuse of discretion; prejudice; ineffective assistance of counsel.
State v. Creech (22-679 - Unpublished)   Author: Judge Hunter Murphy
prejudicial error, impeachment value of evidence, assault on a female
State v. Daniel Parker (22-574 - Unpublished)   Author: Judge Hunter Murphy
prejudicial error, motion to continue, failure to intervene
State v. Jordan Alexander Rivera (22-720 - Unpublished)   Author: Judge Fred Gore
Sixth Amendment; confrontation; cross-examination; credibility; closing argument; improper remark.
State v. Randy Turner (22-887 - Unpublished)   Author: Judge Fred Gore
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)   Author: Judge Michael Stading
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)   Author: Judge April Wood
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)   Author: Judge Valerie Zachary
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.


Filed: 2 May 2023
Mandate: 22 May 2023
Zip File of Published Opinions

Case Title / Description
Baker v. Reinhardt  (22-744 - Published)   Author: Judge Allison Riggs
Summary Judgment; Worker's Compensation Act; Subject Matter Jurisdiction; Willful, Wanton and Reckless Negligence.
Brewer v. Rent-A-Ctr.  (22-296 - Published)   Author: Judge April Wood
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)   Author: Judge Jefferson Griffin
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)   Author: Judge Fred Gore
equitable distribution; marital property; military pension; bankruptcy discharge; N.C.G.S. 50-19.1
In re: K.C.  (22-396 - Published)   Author: Judge April Wood
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)   Author: Judge Allegra Collins
termination of parental rights; ICWA; active efforts;
Marlow v. TCS Designs, Inc.  (22-862 - Published)   Author: Judge Allegra Collins
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)   Author: Judge Valerie Zachary
Confederate monuments; Rule 12(b)(1); Rule 12(b)(6); standing
Torres v. City of Raleigh  (22-447 - Published)   Author: Judge Jefferson Griffin
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)   Author: Judge Jeff Carpenter
felonious speeding to elude arrest; motion to dismiss; substantial evidence; reasonable opportunity to observe speed.
State v. Lamb  (22-477 - Published)   Author: Judge Valerie Zachary
motion to suppress; scope of cross-examination; waiver; invited error
State v. Cannon  (22-572 - Published)   Author: Judge April Wood
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)   Author: Judge April Wood
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)   Author: Judge Jefferson Griffin
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)   Author: Judge Donna Stroud
interlocutory, substantial right, appellate jurisdiction
Gittens v. Helms (22-783 - Unpublished)   Author: Judge John Arrowood
admission of cellphone records; right to confrontation
Hedgepeths v. Smoky Mountain Country Club Prop. Owners Ass'n, Inc.. (22-773 - Unpublished)   Author: Judge Fred Gore
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)   Author: Judge Jefferson Griffin
Anders Brief, Kinch, pro se brief, no meritorious issues identified
In re GRD, GTD, GTD, ELD, MRD (22-637 - Unpublished)   Author: Judge Fred Gore
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)   Author: Judge Jeff Carpenter
Rule 3.1; TPR; neglect; likelihood of future neglect
Ismael Vidales Vasquez v. Dubai, LLC.. (22-660 - Unpublished)   Author: Judge John Arrowood
necessary party; contribution; joint tortfeasor
Jose Figueroa v. Laura St. Clair (22-907 - Unpublished)   Author: Judge Julee Flood
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)   Author: Judge Tobias Hampson
Enforcability of Non-Compete Agreement; Breach of Non-Compete Agreement; Lack of Transcript or Narrative
State v. Harris (18-952-3 - Unpublished)   Author: Judge Jeff Carpenter
Satellite-based monitoring; Fourth Amendment reasonableness; aggravated offender.
State v. Jermaine Stubbs (22-802 - Unpublished)   Author: Judge Jeff Carpenter
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)   Author: Judge John Arrowood
habitual felon; missing exhibit; adequate alternative
State v. Justin Tyler Mizell (22-550 - Unpublished)   Author: Judge Tobias Hampson
special conditions of probation; prosecutor's statements at sentencing
State v. Kevin McRae (22-614 - Unpublished)   Author: Judge April Wood
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)   Author: Judge Jefferson Griffin
Prior sexual abuse; character evidence; rape shield statute; relevance; pertinent character traits; prior sexual activity
STATE v. SANTOS ANSELMO (22-903 - Unpublished)   Author: Judge Fred Gore
Plain error, voluntary intoxication instruction
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 33 PETITIONS AND 195 MOTIONS.


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)   Author: Judge Donna Stroud
subject matter jurisdiction, mootness, long term suspension
Fonvielle v. N.C. Coastal Res. Comm'n  (22-742 - Published)   Author: Judge Julee Flood
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)   Author: Judge Allegra Collins
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)   Author: Judge Donna Stroud
subject matter jurisdiction, standing, Section 132-1.4A, AOC form
In re: D.H.  (22-639 - Published)   Author: Judge Valerie Zachary
involuntary commitment; N.C. Gen. Stat. 122C-268(j); mental illness; dangerousness to self
In re: K.J.E.  (22-591 - Published)   Author: Judge Chris Dillon
termination of parental rights, willful abandonment, best interest determination, adjudication portion of hearing, new disposition hearing
In re: K.J.M.  (22-385 - Published)   Author: Judge Donna Stroud
neglected juvenile, substantial risk of impairment or harm, lack of caretaker
In re: M.B.  (22-462 - Published)   Author: Judge Julee Flood
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)   Author: Judge Julee Flood
motion to dismiss; amended pleadings; futility of amendment; abuse of discretion; force-placed insurance; reasonable basis.
Read v. Read  (22-782 - Published)   Author: Judge Allison Riggs
Equitable Distribution; Statute of Limitations
State v. Cuthbertson  (22-92 - Published)   Author: Judge Donna Stroud
Batson, remand, step three, susceptibility to racial discrimination
State v. Demick  (22-415 - Published)   Author: Judge Allison Riggs
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)   Author: Judge John Tyson
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)   Author: Judge John Arrowood
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)   Author: Judge Chris Dillon
workers' compensation, temporary total disability benefits, extended benefits
Venters v. Lanier  (22-854 - Published)   Author: Judge John Arrowood
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)   Author: Judge John Arrowood
Equitable distribution
Hager v. Buchanan (22-617 - Unpublished)   Author: Judge Tobias Hampson
Motion to Enforce Settlement Agreement; Summary Judgment
In re A.S. (22-301 - Unpublished)   Author: Judge Hunter Murphy
Termination of parental rights, failure to make reasonable progress, findings of fact.
In re B.M. (22-302 - Unpublished)   Author: Per Curiam
Termination of parental rights, repetition of neglect, best interests, bond
In re I.W. (22-540 - Unpublished)   Author: Judge Tobias Hampson
Termination of Parental Rights; Willful Abandonment; Incarceration
In re J.B. (22-304 - Unpublished)   Author: Per Curiam
Termination of parental rights, jurisdiction, UCCJEA.
In re J.G. (22-467 - Unpublished)   Author: Judge Allison Riggs
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)   Author: Judge Hunter Murphy
Termination of parental rights, LEM review, pro se brief.
In re M.B.E. (22-587 - Unpublished)   Author: Judge John Arrowood
termination of parental rights; juvenile petition; trial court's finding of fact
In re M.S. (22-401 - Unpublished)   Author: Judge Allison Riggs
In re N.P. (22-350 - Unpublished)   Author: Judge Jefferson Griffin
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)   Author: Per Curiam
termination of parental rights; failure to pay reasonable cost of care; existing child support obligations
In re S.G. (22-506 - Unpublished)   Author: Judge Hunter Murphy
Termination of parental rights; continuance; preservation.
In re S.G. (22-371 - Unpublished)   Author: Per Curiam
termination of parental rights; transfer to Chapter 50; child-on-child sexual abuse within the home
In re T.P. (22-652 - Unpublished)   Author: Judge Hunter Murphy
Termination of parental rights; LEM review, Rule 3.1(e).
KCK Res., Inc. v. Schwarz Props., L.L.C. (22-564 - Unpublished)   Author: Judge Chris Dillon
lease, bailment, conditional sale, security interest
State v. Bracey (21-643 - Unpublished)   Author: Judge Hunter Murphy
Petition for writ of certiorari, ineffective assistance of counsel, summary denial, newly discovered evidence.
State v. Brown (22-892 - Unpublished)   Author: Judge Jefferson Griffin
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)   Author: Judge Chris Dillon
custodial statements, hearsay, record level, resentencing
State v. Collins (22-771 - Unpublished)   Author: Judge Jefferson Griffin
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)   Author: Judge Jeff Carpenter
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)   Author: Judge John Tyson
4th Amendment; Search and Seizure; Automobile exception; Possession of Cocaine; Unreasonable extension; Canine sniff;
State v. Harris (22-566 - Unpublished)   Author: Judge John Arrowood
Motion to suppress; failing to report new address as registered sex offender; hearsay.
State v. Poole (22-836 - Unpublished)   Author: Judge Fred Gore
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)   Author: Judge John Arrowood
motion to dismiss; expired registration; insufficient evidence
State v. Simmons (22-642 - Unpublished)   Author: Judge Allegra Collins
Evidence Rule 701; lay witness testimony regarding investigative process was not comment on defendant's credibility
State v. Wingate (22-641 - Unpublished)   Author: Judge Fred Gore
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.


Filed: 4 April 2023
Mandate: 24 April 2023
Zip File of Published Opinions

Case Title / Description
Bartels v. Franklin Operations, LLC  (22-746 - Published)   Author: Judge Julee Flood
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)   Author: Judge Michael Stading
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)   Author: Judge Allegra Collins
workers' compensation; Woodson exception; Pleasant exception
Mitchell v. The Univ. of N.C. Bd. of Governors  (21-639 - Published)   Author: Judge Tobias Hampson
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)   Author: Judge Chris Dillon
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)   Author: Judge Tobias Hampson
N.C. Gen. Stat. § 15A-1032, waiver of right to be present at trial, voluntary absence
Watson v. Watson  (22-473 - Published)   Author: Judge Chris Dillon
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)   Author: Judge Fred Gore
motion to dismiss; interlocutory; substantial right; sovereign or governmental immunity; road dedication; easement; liability insurance
In re A.K.R. (22-627 - Unpublished)   Author: Judge John Tyson
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)   Author: Judge Valerie Zachary
termination of parental rights; abandonment; neglect by abandonment; findings of fact; willful intent
In re J.D.C. (22-610 - Unpublished)   Author: Judge Valerie Zachary
conflict of interest; imputed conflict; disqualification of counsel
In re M.J.K. (22-592 - Unpublished)   Author: Judge Michael Stading
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)   Author: Judge Julee Flood
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)   Author: Judge Jeff Carpenter
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)   Author: Judge Hunter Murphy
Rule 11, Rule 37, Local Rules, Rule 1006, competent evidence, frivolous, sanctions, attorney fees.
Selph v. Selph (22-881 - Unpublished)   Author: Judge John Tyson
Consent judgment; Express agreement of parties; Affidavit of consent; Discretionary visitation
State v. Carrasco (22-704 - Unpublished)   Author: Judge Jefferson Griffin
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)   Author: Judge Chris Dillon
preservation, involuntary manslaughter, expert qualification
State v. Faggart (22-798 - Unpublished)   Author: Judge Jeff Carpenter
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)   Author: Judge Valerie Zachary
ineffective assistance of counsel; Rule 408
State v. Jones (22-700 - Unpublished)   Author: Judge Allegra Collins
Sufficiency of evidence, carrying a concealed weapon
State v. Patterson (22-606 - Unpublished)   Author: Judge Julee Flood
Vacate and remand; prior record level; miscalculation; Rule 4 N.C.R. App
State v. Powers (22-717 - Unpublished)   Author: Judge Allison Riggs
Second-Degree Murder; PWC; Closing Argument
State v. Ridings (22-594 - Unpublished)   Author: Judge Allison Riggs
Restitution Worksheet
State v. Tomlin (22-780 - Unpublished)   Author: Judge John Tyson
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)   Author: Judge Fred Gore
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.


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)   Author: Judge Allison Riggs
Rule 15; Jury Instructions; Summary Judgment; Calloway Rule
In re: A.W.  (22-489 - Published)   Author: Judge Allegra Collins
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)   Author: Judge Allison Riggs
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)   Author: Judge John Tyson
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)   Author: Judge Donna Stroud
Termination of parental rights, abandonment, N.C. Gen. Stat. 7B-1111(a)(7)
State v. Jones  (22-151 - Published)   Author: Judge Donna Stroud
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)   Author: Judge Valerie Zachary
motion to dismiss; medical lien; question of fact
Chappell v. Chappell (22-607 - Unpublished)   Author: Judge Valerie Zachary
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)   Author: Judge Allison Riggs
Declaratory Judgment; Partial Summary Judgment; Appellate Jurisdiction; Interlocutory Appeals
Donati v. Donati (22-635 - Unpublished)   Author: Judge Jeff Carpenter
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)   Author: Per Curiam
termination of parental rights; neglected juvenile; probability of future neglect
In re A.L.O. (22-482 - Unpublished)   Author: Judge Chris Dillon
termination of parental rights, failure to make reasonable progress, case plan
In re E.G.R. (22-602 - Unpublished)   Author: Judge April Wood
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)   Author: Judge John Arrowood
termination of parental rights; no-merit brief; neglected juvenile
In re T.M.P. (22-532 - Unpublished)   Author: Judge Tobias Hampson
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)   Author: Judge Allison Riggs
Mutual Mistake, Involuntary Dismissal, Attorney Fees
Pugh v. Pugh (21-652 - Unpublished)   Author: Judge Donna Stroud
Alimony, equitable distribution, attorney's fees
Smith v. Greenwald (22-860 - Unpublished)   Author: Judge Julee Flood
dismiss; rules of appellate procedure; record; motion for summary judgment.
State v. Campbell (22-634 - Unpublished)   Author: Judge Jeff Carpenter
Rules of Evidence 608, 611, and 701; subject-matter jurisdiction.
State v. Connor (22-424 - Unpublished)   Author: Judge Tobias Hampson
aggravating factors, position of trust or confidence, material witness order
State v. Izard (22-312 - Unpublished)   Author: Judge Chris Dillon
second degree forcible sex offense, crime against nature, jury instruction
State v. Jones (22-723 - Unpublished)   Author: Judge Fred Gore
N.C. Gen. Stat. § 15A-1344(f)(3); revocation of probation; clerical errors on the written judgment
State v. Jones (22-712 - Unpublished)   Author: Judge John Arrowood
Ineffective assistance of counsel; lesser-included offense
State v. Madrid (22-757 - Unpublished)   Author: Judge April Wood
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)   Author: Judge Valerie Zachary
conspiracy to commit robbery with a dangerous weapon; jury instruction; fatal variance; unanimous verdict; felony murder; sentencing
State v. Rose (22-619 - Unpublished)   Author: Judge April Wood
Reckless driving-wanton disregard; N.C. Gen. Stat. § 20-140(a); motion to dismiss; safety statute.
State v. Sawyer (22-397 - Unpublished)   Author: Judge John Arrowood
Acting in concert; first-degree murder; conspiracy to commit first-degree murder.
State v. Smith (22-307 - Unpublished)   Author: Judge Tobias Hampson
Batson challenge; proof of purposeful discrimination
Williams v. Maryfield, Inc. (22-785 - Unpublished)   Author: Judge John Arrowood
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.


Filed: 7 March 2023
Mandate: 27 March 2023
Zip File of Published Opinions

Case Title / Description
Aman v. Nicholson  (22-15 - Published)   Author: Judge Donna Stroud
Rule 11(c), Child Custody, Expert Witnesses, Rule 26
Limerick v. Rojo-Limerick  (22-568 - Published)   Author: Judge Tobias Hampson
attorney's fees; N.C. Gen. Stat. § 50-13.6; child support
Pope v. Davidson Cnty.  (22-466 - Published)   Author: Judge John Arrowood
Special use permit; NCGS 160D-1402; PWC.
State v. Buchanan  (22-663 - Published)   Author: Judge Michael Stading
Unduly prejudicial, unfair prejudice, probative value, Rule 403, probative evidence, character evidence, motion to exclude, prior bad acts.
State v. Christian  (22-299 - Published)   Author: Judge April Wood
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)   Author: Judge Allison Riggs
Notice of Appeal; Petition for Writ of Certiorari; Jury Instruction; Guilty Knowledge; Drug Offense
State v. Morris  (22-3 - Published)   Author: Judge Donna Stroud
eyewitness identification, due process, EIRA, controlled substance sentencing
State v. Norman  (22-812 - Published)   Author: Judge John Tyson
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)   Author: Judge Jefferson Griffin
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)   Author: Judge Julee Flood
Reverse; contributory negligence; summary judgment; interlocutory appeal; substantial right; judicial economy.
France v. N.C. Dep't of Pub. Safety (22-707 - Unpublished)   Author: Judge Julee Flood
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)   Author: Judge Jeff Carpenter
Rule 3.1; TPR; unchallenged findings of fact; willful failure to make reasonable progress; neglect
In re E.D.N. (22-603 - Unpublished)   Author: Judge John Arrowood
termination of parental rights; no-merit brief; best interest of the child
In re K.M.K. (22-490 - Unpublished)   Author: Judge Allegra Collins
termination of parental rights; N.C. Gen. Stat. 7B-1111(a)(1); neglect
Kim v. Washburn (22-248 - Unpublished)   Author: Judge Chris Dillon
child custody, modification order, best interest of the child
Scott v. Vural (22-611 - Unpublished)   Author: Judge Jefferson Griffin
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)   Author: Judge Julee Flood
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)   Author: Judge Jeff Carpenter
Probable Cause; Confrontation Clause; Blood Alcohol Content; Character Evidence; Rule 404(b)
State v. Cozart (22-589 - Unpublished)   Author: Judge Julee Flood
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)   Author: Judge Jeff Carpenter
guilty plea; plea agreement; PWC; discretionary review; Anders
State v. Ellison (22-705 - Unpublished)   Author: Judge Julee Flood
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)   Author: Judge Donna Stroud
expert testimony, Rule of Evidence 702, preservation, plain error
State v. Maness (22-267 - Unpublished)   Author: Judge Fred Gore
voluntary confession; totality of the circumstances; custodial interview
State v. McCall (22-496 - Unpublished)   Author: Judge Tobias Hampson
probation revocation, absconding
State v. Morrison (22-644 - Unpublished)   Author: Judge Jefferson Griffin
Fourth amendment, Seizure, Motion to suppress, Totality of the circumstances.
State v. Rabas (22-616 - Unpublished)   Author: Judge April Wood
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)   Author: Judge Jefferson Griffin
State v. Williams (22-636 - Unpublished)   Author: Judge Fred Gore
Wheeler v. City of Charlotte (22-570 - Unpublished)   Author: Judge Fred Gore
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.


Filed: 21 February 2023
Mandate: 13 March 2023
Zip File of Published Opinions

Case Title / Description
Chociej v. Richburg  (22-548 - Published)   Author: Judge Jeff Carpenter
domestic violence; DVPO; assault; attempted assault; personal relationship.
First Recovery, LLC v. Unlimited Rec-Rep, LLC  (22-495 - Published)   Author: Judge Tobias Hampson
Collateral Estoppel, Summary Judgment
Gilliam v. Foothills Temp. Emp't  (22-560 - Published)   Author: Judge Allegra Collins
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)   Author: Judge April Wood
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)   Author: Judge Jeff Carpenter
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)   Author: Judge Tobias Hampson
Restitution; N.C. Gen. Stat. § 15A-1340.36(a)
State v. Lytle  (22-675 - Published)   Author: Judge Fred Gore
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)   Author: Judge Allegra Collins
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)   Author: Judge Allegra Collins
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)   Author: Judge John Tyson
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)   Author: Judge Valerie Zachary
child custody; constitutionally protected parental rights; waiver; findings of fact; reliance on temporary order
Eller v. Auten (22-577 - Unpublished)   Author: Judge John Arrowood
Motion for Summary Judgment; arbitration; amending arbitration award.
Griffing v. Gray, Layton, Kersh, Solomon, Furr & Smith, P.A. (22-576 - Unpublished)   Author: Judge Valerie Zachary
arbitration agreement; findings of fact
In re A.A.C.D. (22-202 - Unpublished)   Author: Per Curiam
termination of parental rights; N.C. Gen. Stat. 7B-1111(a)(2); reasonable progress; case plan
In re C.M.S. (22-512 - Unpublished)   Author: Judge Fred Gore
TPR, permanent plan, best interests of the child
In re E.P. (22-352 - Unpublished)   Author: Judge Chris Dillon
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)   Author: Judge John Tyson
Remand, Non-judicial foreclosure, Default, Power of sale foreclosure, Prior Dismissal
In re L.G.M.W. (22-419 - Unpublished)   Author: Judge Valerie Zachary
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)   Author: Per Curiam
neglected juvenile; abused juvenile; N.C.G.S. 7B-101(15)
State v. Cass (22-187 - Unpublished)   Author: Judge Tobias Hampson
Relevant Evidence under Rule of Evidence 401, Rule of Evidence 403, ex mero motu, Closing Arguments
State v. Davis (22-645 - Unpublished)   Author: Judge John Arrowood
character evidence; ineffective assistance of counsel; plain error
State v. Jones (22-716 - Unpublished)   Author: Judge Valerie Zachary
guilty plea; Anders
State v. Ore (21-693-2 - Unpublished)   Author: Judge John Tyson
PWC; Modification of Probation; Jurisdiction of Appellate Court; Discretionary Review;
State v. Phair (22-445 - Unpublished)   Author: Judge Jefferson Griffin
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)   Author: Judge Hunter Murphy
Justification, Reasonable Legal Alternative, Possession of a Firearm by Felon.
State v. Teal (22-336 - Unpublished)   Author: Judge Valerie Zachary
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.


Filed: 7 February 2023
Mandate: 27 February 2023
Zip File of Published Opinions

Case Title / Description
Abbott v. Abernathy  (22-162 - Published)   Author: Judge Valerie Zachary
easement; abandonment; overburdening; dedication for public use; standing; appellate preservation
Bassiri v. Pilling  (22-411 - Published)   Author: Judge Valerie Zachary
motion to dismiss; subject-matter jurisdiction; alienation of affections
In re: A.H.D., V.I.D.  (22-382 - Published)   Author: Judge Donna Stroud
willful failure to pay child support, sufficiency of petition, standard of proof
In re: Custodial L. Enforcement Agency Recordings  (22-446 - Published)   Author: Judge Jefferson Griffin
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)   Author: Judge Tobias Hampson
Termination of Parental Rights; Ex Parte Communications; Procedural Due Process
Janu Inc v. Mega Hospitality, LLC  (22-194 - Published)   Author: Judge John Tyson
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)   Author: Judge John Tyson
Arbitration Agreement; Interlocutory Orders; Substantial Right; Burden of Proof; Untimely Affidavit;
State v. Scott  (22-326 - Published)   Author: Judge April Wood
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)   Author: Judge Valerie Zachary
responsible individuals list; abuse; serious emotional damage
Carpenter v. N.C. Dep't of Health & Hum. Servs. (22-170 - Unpublished)   Author: Judge Tobias Hampson
Motion to Dismiss; Statute of Limitations; N.C. Gen. Stat. § 143-299.
Denton v. Baumohl (22-500 - Unpublished)   Author: Judge Jefferson Griffin
N.C. R. Civ. P. 11; sanctions; imposition; reasonableness.
Grooms v. Grooms (22-536 - Unpublished)   Author: Judge John Arrowood
temporary custody order; interlocutory appeal; motion for summary judgment denied
In re E.D.S. (22-507 - Unpublished)   Author: Judge Allegra Collins
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)   Author: Judge John Arrowood
parental termination; N.C.G.S. 1111(a)(2)
In re S.N.B. (22-405 - Unpublished)   Author: Judge John Tyson
Termination of parental rights; Substantive findings by a substitute judge; Vacate & Remand; Retired trial judge;
In re T.H. (22-452 - Unpublished)   Author: Judge April Wood
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)   Author: Judge Jefferson Griffin
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)   Author: Judge Fred Gore
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)   Author: Judge Fred Gore
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)   Author: Judge Valerie Zachary
unfair and deceptive trade practices; contractual privity; standing; insurers; third-party beneficiaries; Rule 12(b)(6)
State v. Adams (22-315 - Unpublished)   Author: Judge John Arrowood
first-degree murder; evidence of the victim's pain and suffering; PWC
State v. Baskins (22-264 - Unpublished)   Author: Judge Valerie Zachary
motion to strike; prejudicial error; cross-examination
State v. Douglas (22-528 - Unpublished)   Author: Judge Chris Dillon
custodial statements, motion to suppress, plain error
State v. Flowers (22-534 - Unpublished)   Author: Judge John Arrowood
Harbison error; ineffective assistance of counsel
State v. Gary (22-232 - Unpublished)   Author: Judge Tobias Hampson
probation revocation; good cause; N.C. Gen. Stat. § 15A-1344(f)
State v. Lively (22-575 - Unpublished)   Author: Judge April Wood
Anders brief; no merit brief; frivolous appeal.
State v. Martin (22-428 - Unpublished)   Author: Judge Fred Gore
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)   Author: Judge Jefferson Griffin
Jury instructions; plain error; Section 14-53.1; excessive force; aggressor doctrine; judgment notwithstanding the verdict.
State v. Reavis (22-556 - Unpublished)   Author: Judge John Tyson
Indecent liberties with a child; Plea agreement; Sentencing calculation error; Remand for correction;
State v. Ruff (22-485 - Unpublished)   Author: Judge Chris Dillon
expert testimony, reliability, preservation, GCMS
State v. Smith (20-692 - Unpublished)   Author: Judge Valerie Zachary
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)   Author: Judge Fred Gore
Willis v. N.C. Dep't of State Treasurer (22-373 - Unpublished)   Author: Judge Jefferson Griffin
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.


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)   Author: Judge Donna Stroud
sovereign immunity, implied-in-fact contract, immunity for institutions of higher learning related to COVID-19
Pelc v. Pham  (22-175 - Published)   Author: Judge John Tyson
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)   Author: Judge Tobias Hampson
Rule 54(b) certification; substantial right; interlocutory appeal; dismissal
State v. Davis  (22-222 - Published)   Author: Judge John Tyson
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)   Author: Judge Valerie Zachary
motion to suppress; traffic stop; reasonable suspicion; medically canceled driver's license; search incident to arrest
State v. Graham  (22-48 - Published)   Author: Judge Jeff Carpenter
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)   Author: Judge John Arrowood
Rule 404(b) prior bad act evidence; motion to dismiss N.C.G.S. 90-108(a)(7)
State v. Owens  (22-517 - Published)   Author: Judge John Tyson
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)   Author: Judge Jefferson Griffin
Procedure for Standing in child custody hearing, parent and child relationship, unchallenged findings of fact are binding.
Hwang v. Cairns (22-31 - Unpublished)   Author: Judge Valerie Zachary
employment contract; sovereign immunity; public official immunity; summary judgment; Rule 15
In re M.W. (22-21 - Unpublished)   Author: Per Curiam
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)   Author: Judge Jeff Carpenter
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)   Author: Judge Valerie Zachary
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)   Author: Judge Valerie Zachary
resentencing; Anders review
State v. Bryan (22-184 - Unpublished)   Author: Judge April Wood
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)   Author: Judge Fred Gore
second-degree murder; Rule 404(b); jury instructions
State v. Messer (22-551 - Unpublished)   Author: Judge Jeff Carpenter
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)   Author: Judge Valerie Zachary
Confrontation Clause; preservation; general objection
Young v. City of Durham (22-578 - Unpublished)   Author: Judge Fred Gore
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