Court of Appeals Opinions

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Filed: 16 June 2020
Mandate: 6 July 2020
Zip File of Published Opinions

Case Title / Description
Connette v. The Charlotte-Mecklenburg Hosp. Auth.  (19-354 - Published)   Author: Judge Richard Dietz
Medical malpractice; nurses; nurse specializations; use of illustrative exhibit; jury instructions
In re: A.B.  (19-422 - Published)   Author: Judge Allegra Collins
clear and convincing evidence supports finding of fact and conclusion of law that juvenile is an abused juvenile;
In re: A.N.T.  (19-690 - Published)   Author: Judge John Tyson
Placement of juvenile; preference for relative; guardianship; parental rights; visitation; changed circumstances.
In re K.L., J.A.  (19-800 - Published)   Author: Judge Christopher Brook
abuse and neglect adjudications; sufficiency of findings to support adjudications of abuse and neglect; absence of evidence supporting inference of probable abuse precluded adjudication of abuse; insufficient findings to support adjudication of neglect
In re: M.M.  (19-870 - Published)   Author: Judge Allegra Collins
adjudication of abuse and neglect of juvenile; civil deposition request; admissibility of expert testimony
State v. Cobb  (19-496 - Published)   Author: Judge Hunter Murphy
Drug Field Test Results; Habitual Felon Enhancement; Waiver to challenge guilty plea
State v. English  (19-518 - Published)   Author: Judge Allegra Collins
substantial evidence of first-degree kidnapping; intent to terrorize; assault; conflicting testimony
State v. Gore  (19-608 - Published)   Author: Judge John Arrowood
motion to suppress - unreasonable search and seizure; historical cell-site location information; N.C. Gen. Stat. § 15A-262 and 15A-263; court order supported by probable cause
State v. Hamer  (19-473 - Published)   Author: Judge Valerie Zachary
waiver of jury trial; N.C. Gen. Stat. 15A-1201
State v. Hutchens  (19-787 - Published)   Author: Judge Lucy Inman
Satellite-based monitoring Reasonable search Special Purpose Recidivism
State v. Johnson  (19-191 - Published)   Author: Judge Chris Dillon
Diminished capacity; bipolar disorder; jailhouse calls; rebuttal evidence; felony murder; armed robbery; psychological evaluation
State v. Smith  (19-790 - Published)   Author: Judge Tobias Hampson
Grounds for setting aside bond forfeiture; Failure to make material findings of fact; Appellate review of written order.
State v. Williamson  (19-692 - Published)   Author: Judge Christopher Brook
robbery with a dangerous weapon; fatal variance argument not preserved for appellate review; evidence of dangerousness required to support submission of robbery with a dangerous weapon charge to jury; evidence that gun was inoperable or non-deadly insufficient on its own to establish dangerousness of gun; absence of evidence of dangerousness of inoperable or non-deadly gun required dismissal of robbery with a dangerous weapon charge; improper judicial comment on the evidence; prejudice showing not met by judicial comment on the evidence; no record of required habitual felon colloquy required remand for habitual felon colloquy or proof of habitual felon status
Monroe v. Rex Hosp., Inc.  (20-27 - Published)   Author: Judge Reuben Young
Medical Malpractice, Summary Judgment
Unpublished Opinions
16 June 2020  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 6 July 2020 

Caymus Constr. Co., Inc. v. Janowiak (19-890 - Unpublished)   Author: Judge Richard Dietz
Breach of contract; defamation; trespass; error preservation rule for challenges to jury instructions; motion to dismiss at trial treated as motion for directed verdict; directed verdict on trespass to real property claim; costs award limited by statute
In re NS (19-711 - Unpublished)   Author: Judge Valerie Zachary
permanency planning order; ceasing reunification efforts; guardianship verification
In the Matter of T.R.B. III (19-764 - Unpublished)   Author: Judge Reuben Young
Visitation, Neglect
State v. Brown (19-452 - Unpublished)   Author: Judge Linda McGee
N.C.G.S. § 15A-1343(b)(3a); Probation Violation; Absconding; Willfulness
State v. Buchanan (19-919 - Unpublished)   Author: Judge Chris Dillon
habitual felon status, obtaining property by false pretense, writ of certiorari, re-sentencing, mandate, vacate
State v. Chavis (19-1101 - Unpublished)   Author: Judge John Arrowood
N.C. Gen. Stat. § 14-34.1(b), discharging firearm into occupied dwelling; motion to dismiss, substantial evidence
State v. Dickens (19-722 - Unpublished)   Author: Judge Richard Dietz
Second degree murder; driving while impaired; admission of prior DWI convictions to prove intent; jury instructions; double jeopardy
State v. Geter (19-846 - Unpublished)   Author: Judge Donna Stroud
probation revocation
State v. Grantham (19-903 - Unpublished)   Author: Judge Tobias Hampson
Review of closing argument where no objection made at trial.
State v. Hardin (19-920 - Unpublished)   Author: Judge Linda McGee
section 15A?1343.2(d)(1), sentencing, remand
State v. House (19-539 - Unpublished)   Author: Judge Wanda Bryant
Anders Brief; write of certiorari; DWI; probation.
State v. Mitchell (20-39 - Unpublished)   Author: Judge Christopher Brook
motion to suppress; unchallenged factual findings are binding on appeal; findings supported denial of motion to suppress absent challenged findings; challenged findings presumed to be supported by competent evidence where record on appeal did not include evidence supporting or undermining them
State v. Shackleford (19-771 - Unpublished)   Author: Judge John Tyson
Petition for writ of certiorari; motion to dismiss; Alford plea; Anders brief.
State v. Swindell (19-527 - Unpublished)   Author: Judge Tobias Hampson
Submitting lesser-included offenses of trafficking in heroin to the jury; Plain error
State v. Tucker (18-1295-2 - Unpublished)   Author: Judge Richard Dietz
Satellite-based monitoring; State's burden to show reasonableness under Fourth Amendment
State v. White (19-1017 - Unpublished)   Author: Judge Wanda Bryant
Witness Testimony; Plain Error; Electronic Monitoring Device.
State v. Wyatt (19-990 - Unpublished)   Author: Judge Allegra Collins
4th Amendment; denial of motion to suppress; specific basis justifying search; reasonable steps taken during search to protect privacy
The Mountain Club Ass'n, Inc. v. The Mountain Club at Cashiers, LLC (19-379 - Unpublished)   Author: Judge Linda McGee
common element, planned community act, appurtenant easement, summary judgment
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 28 PETITIONS AND 149 MOTIONS.


Filed: 2 June 2020
Mandate: 22 June 2020
Zip File of Published Opinions

Case Title / Description
Gary v. Wigley  (19-998 - Published)   Author: Judge John Tyson
Negligence; notice of hearing; motion in limine; summary judgment; 10-day notice
In re: Harris Teeter, LLC  (19-927 - Published)   Author: Judge John Arrowood
NCGS 105-283 true value, ad valorem property tax valuation, depreciation; NCGS 105-290(d2), NCGS 84-2.1, practice of law, scrivener?s exception to practice of law
Keller v. Deerfield Episcopal Ret. Cmty., Inc.  (19-633 - Published)   Author: Judge Valerie Zachary
summary judgment; ratification; negligent supervision and retention; expert testimony
Mucha v. Wagner  (18-1133 - Published)   Author: Judge Richard Dietz
Personal jurisdiction; due process; minimum contacts; telephone calls to the forum state
Richter v. Richter  (19-442 - Published)   Author: Judge Donna Stroud
Equitable Distribution; Life Insurance Proceeds; Marital and Separate Properties
Simmons v. Wiles  (19-786 - Published)   Author: Judge Reuben Young
Battery, Motion for Directed Verdict, Motion to Dismiss, Motion for Judgment Notwithstanding the Verdict, Motion for New Trial, Punitive Damages, Jury Instruction
Sound Rivers, Inc. v. NC Dep't of Envtl. Quality  (18-712 - Published)   Author: Judge Donna Stroud
Wastewater; Swamp Waters; Biological Integrity Standard; Water Quality
State v. Anthony  (19-894 - Published)   Author: Judge John Tyson
Carrying a concealed weapon; possession of a firearm by a felon; possession of weapon on educational property; habitual felon; motion to suppress; failure to preserve; failure to move to strike testimony; ineffective assistance of counsel.
State v. Campbell  (19-865 - Published)   Author: Judge Lucy Inman
evidence of possession methamphetamine
State v. Canady  (20-19 - Published)   Author: Judge John Arrowood
Sentencing - N.C. Gen. Stat. ? 90-95(a)-(b); conviction for sale or delivery of cocaine
State v. High  (19-1170 - Published)   Author: Judge Christopher Brook
plea bargains; recission of plea bargain based on incorrect prior record level determination
State v. Stubbs  (19-454 - Published)   Author: Judge Hunter Murphy
caretaker of elder adult; domestic setting; caretaker neglect; failure to provide care
State v. Weldy  (19-761 - Published)   Author: Judge Allegra Collins
insufficient evidence that vehicle was kept or maintained under N.C. Gen. Stat. 90-108(a)(7); insufficient evidence of keeping or selling controlled substances under N.C. Gen. Stat. 90-108(a)(7);
Unpublished Opinions
2 June 2020  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 22 June 2020 

Devine v. Devine (19-913 - Unpublished)   Author: Judge Phil Berger Jr.
alimony, calculation of income, alimony, child support, attorney's fees
Gaines-Perkins v. McGlynn Restoration, LLC (19-821 - Unpublished)   Author: Judge Richard Dietz
Directed verdict; trespass to personal property; negligence
In Re J.A.T. & M.J.T. (19-635 - Unpublished)   Author: Judge Allegra Collins
juvenile adjudicated dependent and neglected; out-of-state placement; Interstate Compact on the Placement of Children; visitation denied; health and safety of child
Marlow v. N. Hosp. Dist. of Surry Cty. (19-214 - Unpublished)   Author: Judge Linda McGee
negligence, premises liability, legal duty, intentional criminal acts of third persons, foreseeability
State v. Asbury (19-470 - Unpublished)   Author: Per Curiam
Anders; denial of motion for post-conviction DNA testing
State v. Bullock (19-485 - Unpublished)   Author: Judge Wanda Bryant
Anders Review, Prejudicial Error.
State v. Byrd (18-1256 - Unpublished)   Author: Judge Wanda Bryant
Motion to dismiss; felonious common law obstruction of justice.
State v. Gagum (19-83 - Unpublished)   Author: Per Curiam
Habitual impaired driving; denial of motion to continue to obtain private counsel; right to attorney of choice
State v. Gutierrez (19-755 - Unpublished)   Author: Judge John Arrowood
Hit and run; Sixth Amendment right to counsel: invocation, spontaneous statement, deliberate elicitation; N.C.R. Evid. 403; Sixth Amendment Confrontation Clause; Jury Instruction on Flight
State v. Jackson (18-1122 - Unpublished)   Author: Judge Linda McGee
rape shield statute, rule 403, closing argument, SBM
State v. Judd (19-829 - Unpublished)   Author: Per Curiam
Anders; failure to report new address as sex offender; guilty plea; defects in notice of appeal; validity of indictment; ineffective assistance of counsel
State v. Kearney (19-585 - Unpublished)   Author: Judge Tobias Hampson
Pretrial confinement credit; Motion to Dismiss; Motion to Suppress
State v. Lail (19-596 - Unpublished)   Author: Per Curiam
Anders; no prejudicial error; jail credit
State v. McClure (19-1080 - Unpublished)   Author: Judge John Tyson
possession of a firearm by a felon; habitual felon; failure to object; scope of cross-examination; abuse of discretion.
State v. Owens (19-1008 - Unpublished)   Author: Judge Reuben Young
Joinder, 404(b), Motion to Dismiss, Motion to suppress
State v. Perdue (19-480 - Unpublished)   Author: Judge Wanda Bryant
Criminal judgment; court costs; civil judgment; attorneys' fees; attorney-appointment fee; notice.
State v. Silver (19-209 - Unpublished)   Author: Per Curiam
Discharging a weapon into occupied dwelling; assault with a deadly weapon inflicting serious injury; alleged violation of N.C. Gen. Stat. 15A-1222 by trial court expression of opinion on testimony
State v. Spinks (19-937 - Unpublished)   Author: Judge Christopher Brook
use of the term victim not per se error, much less plain error
State v. Taylor (19-21 - Unpublished)   Author: Judge Linda McGee
restitution, sufficient evidence, restitution worksheet
State v. Wilder (19-569 - Unpublished)   Author: Judge John Tyson
Possession of heroin; probation violation; contempt; petition for writ of certiorari; Anders brief.
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 28 PETITIONS AND 149 MOTIONS.


Filed: 19 May 2020
Mandate: 8 June 2020
Zip File of Published Opinions

Case Title / Description
Hamdan v. Freitekh  (19-929 - Published)   Author: Judge Valerie Zachary
UCCJEA; subject-matter jurisdiction
Kidd Constr. Grp., LLC v. Greenville Utils. Comm'n  (19-910 - Published)   Author: Judge Christopher Brook
local government; utility regulation; prospective use charges for water and sewer services in excess of statutory authority
Lippard v. Holleman  (18-873 - Published)   Author: Judge Hunter Murphy
Ecclesiastical Entanglement Doctrine; Defamation; First Amendment
Poovey v. Vista NC Ltd. P'ship  (19-302 - Published)   Author: Judge Donna Stroud
amending declaration; developer; reasonableness; summary judgment
State v. Galloway  (19-610 - Published)   Author: Judge Richard Dietz
Procedural mechanism to build record for challenge to calculation of jail credit
State v. Gantt  (19-995 - Published)   Author: Judge Phil Berger Jr.
probation revocation, notice, absconding
State v. Grappo  (19-734 - Published)   Author: Judge Lucy Inman
jury instruction; statutory violation; prejudicial error
State v. Hauser  (19-313 - Published)   Author: Judge Hunter Murphy
Obtaining Property by False Pretenses; Motion for Mistrial; Clerical Error; Limiting Instruction
State v. Hilton  (19-226 - Published)   Author: Judge Chris Dillon
satellite-based monitoring; SBM; unreasonable search; post-release supervision; de novo; aggravated offense; sexual offense; recidivist; constitutional; as applied; facial challenge; sex crimes; expectation of privacy; Fourth Amendment; reasonableness of a search; warrantless search; totality of the circumstances; sex offenders; ; State supervision; privacy interests; intrusion of privacy interests; legitimate governmental interests; absconding violations; post-release supervision; callback hearing; general warrant
State v. Lynch  (19-358 - Published)   Author: Judge Chris Dillon
life without parole; first-degree murder; robbery with a dangerous weapon; assault with a deadly weapon with the intent to kill inflicting serious injury; involuntary confession; extrajudicial confession; induced hope or fear; totality of the circumstances; question of law; threats; promises; de novo; incriminating statements; Fifth Amendment; voluntariness of a confession; leniency; lesser sentence; constitutional error; harmless beyond a reasonable doubt; accomplice; prejudicial error review
State v. Oldroyd  (19-595 - Published)   Author: Judge Hunter Murphy
fatally defective indictment; attempted armed robbery; repudiating a plea agreement
State v. Perkinson  (19-900 - Published)   Author: Judge Reuben Young
Contempt Judgment
State v. Russell  (19-848 - Published)   Author: Judge Phil Berger Jr.
consent to assault, AISBI, jury instructions
State v. Sasek  (19-770 - Published)   Author: Judge Lucy Inman
Expert testimony, reliable principles and methods, plain error, controlled substances, probation revocation, timeliness of revocation hearing
State v. Sasek  (19-769 - Published)   Author: Judge Lucy Inman
Expert testimony, reliable principles and methods, plain error, controlled substances, probation revocation, timeliness of revocation hearing
Vaitovas v. City of Greenville  (19-732 - Published)   Author: Judge Richard Dietz
Facial constitutional challenge to red-light traffic camera law; interlocutory appeal; judgment not final as to all parties
Unpublished Opinions
19 May 2020  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 8 June 2020 

Brim v. Harris Teeter (19-1044 - Unpublished)   Author: Judge Reuben Young
Workplace Injury, Industrial Commission
Brunson v. Off. Of The Magis. For The 12th Jud'l Dist. (19-216 - Unpublished)   Author: Judge Christopher Brook
subject matter jurisdiction of North Carolina Industrial Commission
In re B.G.M. (19-768 - Unpublished)   Author: Judge Richard Dietz
Juvenile neglect adjudication and disposition; ambiguity in dispositional order; failure to address reunification efforts with respect to respondent-father
In re: B.W.B. (19-924 - Unpublished)   Author: Judge Phil Berger Jr.
Distribution of food with foreign object, juvenile, plain error
In re: Davis (19-1056 - Unpublished)   Author: Judge Lucy Inman
Power of Sale; Non-Judicial Foreclosure; Deed of Trust; Evidentiary Burden
In re: H.B. (19-624 - Unpublished)   Author: Judge Richard Dietz
Juvenile delinquency; sexual battery; sufficient evidence of force; statutory duty of trial court to advise juvenile of right against self-incrimination
Nguyen v. Heller (19-648 - Unpublished)   Author: Judge Valerie Zachary
child custody; reunification therapy; findings of fact
Risen v. Risen (19-342 - Unpublished)   Author: Judge Donna Stroud
child custody, contempt
Sorgi v. Wilkins (19-916 - Unpublished)   Author: Judge Christopher Brook
family law; equitable distribution, alimony, and attorney's fees; sufficiency of findings to support alimony award; sufficiency of findings to support attorney's fee award
Spring Lake Farm, LLC v. Spring Lake Farm Homeowners Ass'n, Inc. (19-892 - Unpublished)   Author: Judge John Arrowood
Declaratory judgment - real property rights; real covenants; contract interpretation; N.C.G.S. 47-F-1-103
State v. Baker (19-1039 - Unpublished)   Author: Judge Phil Berger Jr.
hearsay, best evidence rule, Allen charge, plain error, felony possession of stolen goods
State v. Byers (18-863 - Unpublished)   Author: Judge Linda McGee
N.C.G.S. 15A-1214, jury selection, reopen voir dire
State v. Chamberlain (19-565 - Unpublished)   Author: Judge Richard Dietz
First-degree forcible rape; first-degree forcible sexual offense; sufficiency of evidence of threat to use dangerous weapon; victim's reasonable belief defendant threatened her with deadly weapon; admission of 404(b) evidence of prior sexual assaults; challenge to closing arguments
State v. Clayton (19-401 - Unpublished)   Author: Judge Richard Dietz
Murder; motion to suppress cell phone records; failure to preserve suppression argument by objection at trial; ineffective assistance of counsel claim not suited for review on direct appeal
State v. Douglas (19-320 - Unpublished)   Author: Judge Hunter Murphy
constructive possession; indicia of dominion and control; exclusive possession of premises
State v. Green (19-531 - Unpublished)   Author: Judge Linda McGee
Sentencing Factors, Prior Record Level, Prejudice
State v. Harrison (19-818 - Unpublished)   Author: Judge Chris Dillon
robbery with dangerous weapon, possession of firearm by felon, robbery, electronic monitoring, ankle monitor, text messages, ping, plain error, lay testimony, parole officer
State v. Hartgrove (19-647 - Unpublished)   Author: Judge Tobias Hampson
404(b)evidence; Limiting instruction.
State v. Jackson (19-832 - Unpublished)   Author: Judge Richard Dietz
Possession of methamphetamine; challenge to admission of officer's lay opinion testimony that drugs in defendant's possession
State v. Johnson (19-840 - Unpublished)   Author: Judge Richard Dietz
Assault by strangulation; assault inflicting serious bodily injury; entry of judgment on both charges; evidence of two distinct assaults separated by period of time; defendant's consent to trial strategy involving admission of guilt; Harbison inquiry; ineffective assistance of counsel claim not suited for review on direct appeal; admission of DVPO; plain error
State v. Keller (19-538 - Unpublished)   Author: Judge Wanda Bryant
Capacity hearing, due process, statutory right, indictment, felony child abuse, serious bodily injury.
State v. King (19-1084 - Unpublished)   Author: Judge Allegra Collins
civil judgment awarding attorney's fees; opportunity to be heard; request for continuance; denial of motion to withdraw
State v. Lewis, Jr. (19-994 - Unpublished)   Author: Judge Lucy Inman
Jury unanimity; statutory rape
State v. McGregor (19-1010 - Unpublished)   Author: Judge Lucy Inman
authentication of real evidence, alteration, chain of custody, materially unchanged, larceny by removal of an anti-theft device
State v. McLean (19-904 - Unpublished)   Author: Judge Hunter Murphy
Parole Eligibility; Ripeness; Eighth Amendment
State v. Sanders (19-268 - Unpublished)   Author: Judge Chris Dillon
first-degree murder, robbery with dangerous weapon, conspiracy, , co-conspirator, perjury, plea agreement, due process, plain error
State v. Seagle (19-670 - Unpublished)   Author: Judge Richard Dietz
Larceny; possession of stolen motor vehicle; sufficiency of evidence of ownership and intent to permanently deprive; habitual felon indictment valid; instruction on lesser-included offense of unauthorized use of motor vehicle not required
State v. Watson (18-1254 - Unpublished)   Author: Judge Linda McGee
motion to suppress, motion to dismiss, waiver, preservation, Rule 10(a)(1), N.C.G.S. 15a-1368.6, hearsay, explaining subsequent actions, constitutional challenge waived, plain error
Watauga Cty. Dep't of Soc. Servs. v. Dillard (19-825 - Unpublished)   Author: Judge Chris Dillon
Rule 60 motion; Rule 59 motion; family law; child support; retroactive child support; child?s expenses; gross annual income; abuse of discretion; substantial deference; North Carolina Child Support Guidelines; disparity of incomes; retroactive expenses
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 28 PETITIONS AND 149 MOTIONS.


Filed: 5 May 2020
Mandate: 26 May 2020
Zip File of Published Opinions

Case Title / Description
Best v. Staton  (19-638 - Published)   Author: Judge Chris Dillon
equitable distribution, subject matter jurisdiction, separation, property value, marital property, tax value, competent evidence, retirement plan, valuation
In re: J.M.  (19-421 - Published)   Author: Judge Lucy Inman
Fitness as parent Reunification waiver of review hearings
In re: N.N.B.  (19-261 - Published)   Author: Judge Donna Stroud
TPR
In Re: Wash. Cty. Sheriff's Off.  (18-653 - Published)   Author: Judge Hunter Murphy
Anticipatory Judgment; Giglio disclosures
Lauziere v. Stanley Martin Cmtys., LLC  (18-982 - Published)   Author: Judge Hunter Murphy
Dismiss with prejudice; Lee v. Roses factors; North Carolina Industrial Commission; abuse of discretion
NC Farm Bureau Mut. Ins. Co., Inc. v. Lunsford  (19-458 - Published)   Author: Judge Christopher Brook
insurance coverage; underinsured motorist insurance; stacking of underinsured motorist policies where policies are issued in different states and accident occurs in third state
Padilla v. Whitley de Padilla  (19-478 - Published)   Author: Judge Chris Dillon
child custody; visitation rights; mental health; order for modification; primary physical custody; parental rights; substantial evidence; de novo; substantial and material change; minor children; beneficial circumstances; adverse circumstances; positive change; best interest of the child; children?s welfare; abuse of discretion.
Quackenbush v. Groat  (19-415 - Published)   Author: Judge Donna Stroud
motion to dismiss; Chapter 50B
Register v. Wrightsville Health Holdings, LLC  (19-977 - Published)   Author: Judge Christopher Brook
arbitration and alternative dispute resolution; existence of a contract creating an enforceable right to arbitration; waiver of the right to arbitration
State of NC v. Shkut  (19-601 - Published)   Author: Judge Richard Dietz
Mootness; public importance exception; motion for sanctions; proper grounds for sanctions
State v. Blagg  (18-1117 - Published)   Author: Judge Phil Berger Jr.
PWISD, Motion to Dismiss
State v. Burgess  (19-685 - Published)   Author: Judge Donna Stroud
mistrial, Rule of Evidence 601(b), Intoxicated witness
State v. Lane  (19-877 - Published)   Author: Judge John Arrowood
motion for appropriate relief - ineffective assistance of counsel test and plain error standard; frivolous claims
State v. Prince  (19-338 - Published)   Author: Judge Reuben Young
Assault with a deadly weapon with intent to kill inflicting serious injury, assault by strangulation, single course of conduct, sentencing
State v. Ray  (19-700 - Published)   Author: Judge Valerie Zachary
search and seizure; motion to suppress; fees
State v. Reaves-Smith  (19-932 - Published)   Author: Judge Phil Berger Jr.
North Carolina Eyewitness Identification Reform Act, Show-ups
State v. Ricks  (19-836 - Published)   Author: Judge Christopher Brook
closing arguments; improper remarks during summation; Fifth Amendment right to remain silent; prosecutor's fallacy; satellite based monitoring; hearing and showing required to impose satellite based monitoring
State v. Rucker  (19-418 - Published)   Author: Judge Wanda Bryant
Abscond, willful, avoid supervision, whereabouts unknown, clerical error, probation revocation.
Unpublished Opinions
5 May 2020  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 26 May 2020 

Hill v. Kennedy (19-171 - Unpublished)   Author: Judge Linda McGee
stepfather custody in error when father not unfit
In re: A.G.B. (19-298 - Unpublished)   Author: Judge Chris Dillon
permanency planning order, juvenile, neglect, guardian ad litem, Department of Social Services, witness, custody, guardian
In re: Foster (19-1034 - Unpublished)   Author: Judge John Arrowood
Appeal of order allowing foreclosure dismissed as moot; NCGS 45-21.29A
In re: Whitaker (19-1002 - Unpublished)   Author: Judge John Tyson
Utilities Commission; jurisdiction; Americans with Disabilities Act; NC Persons with Disabilities Act; findings of fact
Lequire v. Se. Constr. & Equip. Co., Inc. (19-603-2 - Unpublished)   Author: Judge Reuben Young
Worker's Compensation
Mejia v. Mejia (19-438 - Unpublished)   Author: Judge Richard Dietz
Separation agreement; Setting aside agreement; Duress; Child custody; Child support
Privette v. NC State Bd. of Dental Exam'rs (19-1048 - Unpublished)   Author: Judge Christopher Brook
professional licensing and North Carolina Administrative Procedure Act; revocation of license to practice dentistry; fraud, deceit, and misrepresentation and standard of care issues
Scroggs v. Tractors On The Creek, LLC (19-828 - Unpublished)   Author: Judge Allegra Collins
motion to set aside default judgment; failure to attack default judgment at trial precludes review on appeal
Smith v. Smith (19-1049 - Unpublished)   Author: Judge Allegra Collins
attorney's fees incurred in child support claim; insufficient means to defray legal expenses; good faith of interested party; refusal to pay adequate child support; insufficient findings to support award of attorney's fees
Spencer v. Aughtry (19-956 - Unpublished)   Author: Judge John Arrowood
trespass/encroachment; boundary dispute; implied dedication of road right-of-way to public; deeds void for vagueness of description
State v. Bernicki (19-649 - Unpublished)   Author: Judge Chris Dillon
first-degree murder; competency; incapacity; abuse of discretion; jury selection; capacity; malingering; jury charge; reading of instructions; clerk; ex mero motu; nonprejudicial; failure to intervene
State v. Bynum (19-933 - Unpublished)   Author: Judge Reuben Young
Waiver of Counsel, Forfeiture of Counsel
State v. Diop (19-200 - Unpublished)   Author: Judge Chris Dillon
first-degree murder; second-degree murder; insufficient evidence; premeditation; deliberation; motion to dismiss; substantial evidence; legal provocation; direct evidence; circumstantial evidence; grossly excessive force; headlock; malice; express hatred; inherently dangerous act; failure to instruct jury; involuntary manslaughter; preservation; Rule 10; custodial statement; pretrial motion
State v. Faulk (19-693 - Unpublished)   Author: Judge Richard Dietz
Robbery with a dangerous weapon; Denial of motion to dismiss; Sufficiency of evidence of use of dangerous weapon; Guilty plea to habitual felon status; Required statutory colloquy under N.C. Gen. Stat. § 15A-1022
State v. Green (19-272 - Unpublished)   Author: Judge Donna Stroud
Jury instructions; actual possession; constructive possession
State v. Greene (19-688 - Unpublished)   Author: Judge Chris Dillon
Drug-trafficking; search and seizure; confidential informant; motion to suppress; reasonable suspicion; probable cause; factors of reliability; search warrant; warrant exception; automobile exception
State v. Higginbotham (19-989 - Unpublished)   Author: Judge John Arrowood
motion to suppress - probable cause; DWI; N.C.G.S. § 20-138.1
State v. Holt (19-477 - Unpublished)   Author: Judge Tobias Hampson
Obtaining property by false pretenses; Jury instruction; Plain error.
State v. McClure (19-562 - Unpublished)   Author: Judge Donna Stroud
ineffective assistance of counsel, necessary defense, voluntary intoxication
State v. McCullen (19-319 - Unpublished)   Author: Judge Donna Stroud
Jury instructions; first degree murder by torture; involuntary manslaughter
State v. McLymore (19-428 - Unpublished)   Author: Judge Phil Berger Jr.
Self-Defense, Rule 404(b)
State v. Moore (19-417 - Unpublished)   Author: Judge Linda McGee
pre-trial waiver of right to counsel, N.C.G.S. 15A-1242, range of permissible punishment
State v. Murray (19-516 - Unpublished)   Author: Judge Wanda Bryant
Waiver, failure to object, plain error review.
State v. Pitts (19-362 - Unpublished)   Author: Judge Donna Stroud
motion to suppress; reasonable suspicion; investigatory stop
State v. Rivera (19-426 - Unpublished)   Author: Judge Richard Dietz
Sex offense; Rule 403; Abuse of discretion standard; Exclusion of evidence victim also reported abuse by another individual
State v. Silver (19-978 - Unpublished)   Author: Judge Allegra Collins
failure to preserve objection to denial of motion to suppress evidence; failure to specifically argue plain error on appeal
State v. Taylor (19-893 - Unpublished)   Author: Judge Lucy Inman
Jury Instruction Guilty Knowledge Plain Error
State v. Williams (19-188 - Unpublished)   Author: Judge Richard Dietz
Drug offenses; Identification of controlled substance; Correction of typographical mistake in indictment
State v. Willis (18-507 - Unpublished)   Author: Judge Linda McGee
SBM, Fourth Amendment Search, Grady III
State v. Zachary (19-915 - Unpublished)   Author: Judge John Arrowood
restitution evidentary support; NCGS 15A-1340.36
Walker v. Surles (19-880 - Unpublished)   Author: Judge Phil Berger Jr.
Child Support, Motion for Contempt, Show Cause, Lack of Jurisdiction
Williams v. Williams (19-484 - Unpublished)   Author: Judge Reuben Young
Alimony, Income Withholding, Jurisdiction
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 28 PETITIONS AND 149 MOTIONS.


Filed: 21 April 2020
Mandate: 11 May 2020
Zip File of Published Opinions

Case Title / Description
Gay v. Saber Healthcare Grp., L.L.C.  (19-964 - Published)   Author: Judge John Arrowood
Interpretation of contracts: ambiguity, arbitration clause versus conflicting clauses
In re: C.N. & A.N.  (18-1031-2 - Published)   Author: Judge John Tyson
Termination of parental rights; remand from Supreme Court; neglect; reasonable progress; findings do not support conclusions
In re: Worley  (19-345 - Published)   Author: Judge Chris Dillon
last will and testament; holographic will; testamentary intent; devisavit vel non; caveat; power of attorney; probate
Kleoudis v. Kleoudis  (19-145 - Published)   Author: Judge Donna Stroud
Child Support
Robinson v. Halifax Reg'l Med. Ctr.  (18-1300 - Published)   Author: Judge Chris Dillon
respondeat superior; Rule 9(j); negligence; wrongful death; res ipsa loquitur; corporate negligence; personal injury; hospital; medical malpractice
State v. Alexander  (19-202 - Published)   Author: Judge Chris Dillon
DNA evidence; DNA testing; fingerprints; post-conviction motion; materiality; murder
State v. Chadwick  (19-271 - Published)   Author: Judge Richard Dietz
Special Probation Condition; Drug Treatment Program; Reasonably Related to Rehabilitation
State v. Coleman  (19-844 - Published)   Author: Judge John Tyson
Petition for writ of certiorari; motion to amend; trafficking in opium; lesser-included instruction ex mero motu; plain error; appellate rule 10(a); mixture establishes total weight of controlled substance.
State v. Diaz-Tomas  (19-777 - Published)   Author: Judge Reuben Young
Certiorari, Abuse of Discretion, Mandamus, Judicial Notice
State v. Lebeau  (19-872 - Published)   Author: Judge Christopher Brook
clerical errors in judgment; trial court's jurisdiction to enter amended judgment to correct error after appeal noticed; defendant's right to be present during sentencing; right to be present not deprived where amended judgment corrected mere clerical error
State v. Lindsey  (19-974 - Published)   Author: Judge Christopher Brook
Sixth Amendment right to counsel; waiver of the right to counsel
State v. Money  (19-1043 - Published)   Author: Judge Christopher Brook
sufficiency of evidence to submit operating motor vehicle while displaying expired registration plate charge to jury; unpreserved challenge to jury instruction on operating motor vehicle while displaying expired registration plate was waived; sentence imposed for operating motor vehicle while displaying expired registration plate was not legally authorized
State v. Stallings  (19-636 - Published)   Author: Judge Lucy Inman
superseding indictment; guilty knowledge
State v. Yarborough  (19-752 - Published)   Author: Judge Lucy Inman
Lay witness; evidence of malice; self defense; jury instruction
Sullivan v. Woody  (19-514 - Published)   Author: Judge Phil Berger Jr.
Intervenors, grandparents, child custody, attorneys' fees
Unpublished Opinions
21 April 2020  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 11 May 2020 

Barrington v. Dyer (19-640 - Unpublished)   Author: Judge Christopher Brook
non-jurisdictional appellate rule violation amounting to substantial failure or gross violation; dismissal for failure to comply with Rule 9(a) of North Carolina Rules of Appellate Procedure
In re: O.L. (19-626 - Unpublished)   Author: Judge Chris Dillon
mentally ill, dangerous to others, involuntary commitment, prima facie presumption, right to confrontation, statutory mandate, hearsay, sua sponte
Martin v. The Landfall Council of Ass'ns, Inc. (19-883 - Unpublished)   Author: Judge Christopher Brook
real property; homeowner's associations; restrictive covenants; fines and injunctive relief for failure to conform to restrictive covenants
State v. Chambers (19-984 - Unpublished)   Author: Judge Phil Berger Jr.
Jury instructions, assault on a law enforcement officer
State v. Cuevas (19-766 - Unpublished)   Author: Judge Tobias Hampson
Termination of Registration Requirements.
State v. Cummings (19-864 - Unpublished)   Author: Judge Richard Dietz
Petition for A Writ of Certiorari; Sentencing Errors; Conceded Error
State v. Fore (19-765 - Unpublished)   Author: Judge Tobias Hampson
Termination of Registration Requirements.
State v. Gaither (19-922 - Unpublished)   Author: Judge John Tyson
Breaking and entering with intent to terrorize or injure; first-degree kidnapping; attempted first-degree forcible rape; restraint inherent in other crime.
State v. Hargett (19-718 - Unpublished)   Author: Judge Lucy Inman
photographs, prejudice, homicide
State v. Hayner (19-397 - Unpublished)   Author: Judge Valerie Zachary
elder abuse; involuntary manslaughter; motion to dismiss; expert testimony; invited error
State v. Hicks (19-645 - Unpublished)   Author: Judge Tobias Hampson
Probation revocation; Jail credit
State v. Johnson (19-767 - Unpublished)   Author: Judge Tobias Hampson
Termination of Registration Requirements.
State v. Johnson (19-757 - Unpublished)   Author: Judge Phil Berger Jr.
habitual felon status, assault with a deadly weapon with intent to kill, prior record level
State v. Johnson (19-529 - Unpublished)   Author: Judge Christopher Brook
Equal Protection Clause of Fourteenth Amendment; Article I, Section 19 of NC Constitution; selective enforcement of law based on race; burden shifts to State to show evidence is admissible after prima facie showing of selective enforcement; absence of showing of prejudice precluded success on ineffective assistance of counsel claim
State v. Jones (19-759 - Unpublished)   Author: Judge John Arrowood
NCGS 15A-1242; dismissal of appeal and denial of PWC.
State v. McCoy (19-99 - Unpublished)   Author: Judge Wanda Bryant
Re-sentencing, thorough inquiry, pro se.
State v. Rice (19-788 - Unpublished)   Author: Judge Tobias Hampson
Motion for post-conviction testing; N.C. Gen. Stat. Section 15A-269.
State v. Stokes (19-684 - Unpublished)   Author: Judge John Tyson
Motion to dismiss; attempted robbery with a dangerous weapon; aiding and abetting; possession of a firearm by a felon; prior record level; motion for appropriate relief.
Woodard v. NC Dep't of Transp. (19-816 - Unpublished)   Author: Judge Tobias Hampson
Tort Claims Act; Subject-matter jurisdiction; Defamation; Negligent infliction of emotional distress.
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 28 PETITIONS AND 149 MOTIONS.


Filed: 7 April 2020
Mandate: 27 April 2020
Zip File of Published Opinions

Case Title / Description
Bauman v. Pasquotank Cty. ABC Bd.  (19-613 - Published)   Author: Judge Lucy Inman
Adverse Possession Under Color of Title; Trusts; Judgment on the Pleadings
Booth v. Hackney Acquisition Co.  (19-602 - Published)   Author: Judge Tobias Hampson
The NC Insurance Guaranty Association; Bar date; Statute of Repose
Curlee v. Johnson  (19-701 - Published)   Author: Judge John Tyson
Keep dangerous animal, dog bite, summary judgment for defendant, shifted burden to plaintiff, prior knowledge of owner, precautions taken.
Graham v. Jones  (19-511 - Published)   Author: Judge Allegra Collins
permanent custody order; custody order awarding visitation to grandparents affected a substantial right of parent; trial court erred when it engaged in a best interest of the child analysis after granting full physical and legal custody, care, and control of minor child to parent; trial court erred when it granted grandparents visitation with minor child when parent was not found to be unfit and had not acted inconsistently with her constitutionally-protected status as a parent;
Hardy v. Hardy  (19-441 - Published)   Author: Judge Tobias Hampson
Civil/criminal contempt; Appellate jurisdiction
McGuine v. Nat'l Copier Logistics, LLC  (19-735 - Published)   Author: Judge Christopher Brook
worker's compensation; implied contract of employment; right to control employee; joint employment
McSwain v. Indus. Com. Sales & Serv., LLC  (19-740 - Published)   Author: Judge Chris Dillon
workers' compensation; arising out of; in the course of; slip and fall; laundry; Industrial Commission; traveling employee; writ of certiorari; abuse of discretion; Workers' Compensation Act; increased risk; personal errand; exclusion of evidence; prejudice; cross-appeal; causal link; scope of employment
Schwarz v. St. Jude Med., Inc.  (19-395 - Published)   Author: Judge Richard Dietz
Wrongful discharge based on public policy of reporting adultery; libel claims against co-workers; tortious interference with contract; summary judgment procedure
State v. Blankenship  (19-678 - Published)   Author: Judge John Tyson
Indecent liberties, multiple victims, factual basis for guilty plea, Satellite Based Monitoring, certiorari, preserved errors, assistance of counsel, civil judgment.
State v. Brown  (19-403 - Published)   Author: Judge Richard Dietz
Second degree murder; trial court refusal to instruct on self-defense; reasonableness in the mind of a person of ordinary firmness
State v. Chavez  (19-400 - Published)   Author: Judge Allegra Collins
attorney's failure to move to dismiss charge of conspiracy to commit murder was not prejudicial because there was sufficient evidence to support the charge; testimonial evidence was not hearsay and thus the trial court did not err in allowing the testimony into evidence; plain error in delivery of jury instruction on charge of conspiracy to commit murder when the indictment, evidence, and jury instruction were not in accord
State v. Dudley  (19-780 - Published)   Author: Judge Allegra Collins
discovery compliance; no sanctions; sufficient evidence of maintaining a vehicle to keep or sell controlled substances
State v. Dudley  (19-542 - Published)   Author: Judge Richard Dietz
Criminal procedure; notice of appeal from district court to superior court; statutory interpretation; meaning of compliance with the judgment
State v. Foreman  (19-738 - Published)   Author: Judge Phil Berger Jr.
assault with a deadly weapon inflicting serious injury, Harrison inquiry, ineffective assistance of counsel
State v. Koiyan  (19-951 - Published)   Author: Judge Allegra Collins
Rule 702; expert testimony; expert opinion; latent fingerprint analysis;
State v. Shuler  (19-967 - Published)   Author: Judge John Tyson
Trafficking in methamphetamine; right to silence; comment on defendant's silence; affirmative defense of duress; prior notice to State; State's case in chief.
Unifund CCR Partners v. Loggins  (19-957 - Published)   Author: Judge Allegra Collins
renewal of default judgment; sum certain; void judgment
Valentine v. Solosko  (19-852 - Published)   Author: Judge Allegra Collins
service of process; trial court discretion to extend time for service; dormant summons; alias or pluries summons
Unpublished Opinions
7 April 2020  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 27 April 2020 

Boyd v. Taylor (19-392 - Unpublished)   Author: Judge Wanda Bryant
Confidential or Fiduciary Relationship; Constructive Trust; Summary Judgment.
Cobb v. Day (19-805 - Unpublished)   Author: Judge Phil Berger Jr.
Undue influence, Trusts and estates
Columbus Cty. DSS v. Norton (18-1198 - Unpublished)   Author: Judge Richard Dietz
Civil contempt; modification of child support; gatekeeping order; stay pending appeal; lack of jurisdiction to rule on issues embraced in pending appeal
Dunhill Holdings, LLC v. Lindberg (18-1112 - Unpublished)   Author: Judge Linda McGee
motion to dismiss, judicial efficiency, mootness, discovery order, interlocutory appeal
Eco Terra Prods., Inc. v. Daystar Holdings, LLC (19-623 - Unpublished)   Author: Judge Reuben Young
Motion to Dismiss, Personal Jurisdiction, Proper Forum, Convenient Forum
Finn v. Finn (19-520 - Unpublished)   Author: Judge Richard Dietz
Alimony; ability to pay; consideration of bonus income in determining ability to pay; appeal after remand in prior appeal; mandate rule
Hoag v. Cty. of Pitt (19-826 - Unpublished)   Author: Judge Lucy Inman
Rezoning Special Damages
Hutcherson v. Cannon (19-199 - Unpublished)   Author: Judge Donna Stroud
Summary judgment, burden of proof, material fact
In re H.V., O.A., N.L. (19-353 - Unpublished)   Author: Judge Richard Dietz
Adjudication of neglect and dependency; sufficiency of findings of fact; Fifth Amendment right against self-incrimination; right to assistance of counsel; residual exception to hearsay rule; error preservation
In re: Harper (19-808 - Unpublished)   Author: Judge Wanda Bryant
Rule violations; Rule 9; Rule 11; Motion to Dismiss
In re: M.J.D. (19-1005 - Unpublished)   Author: Judge Reuben Young
Juvenile Adjudication
In re: Purswani (19-263 - Unpublished)   Author: Judge Tobias Hampson
Appellate jurisdiction; Motion to disqualify counsel; Settlement of decedent's estate.
Isenhour v. Frame (19-654 - Unpublished)   Author: Judge Phil Berger Jr.
Interlocutory appeal, substantial right, trust, real property, motion for sanctions, PWC
Logue v. Logue (19-831 - Unpublished)   Author: Judge Phil Berger Jr.
Business valuation, equitable distribution
Martin v. WakeMed (19-213 - Unpublished)   Author: Judge Wanda Bryant
Workers' Compensation, findings of fact, conclusions of law, Parsons presumption.
Nichols v. Admin. Off. of the Courts (19-1011 - Unpublished)   Author: Judge John Arrowood
Tort claims act - motion to dismiss under Rule 12(b)(6); judicial immunity; gatekeeping order
Sciara v. Edwards (19-854 - Unpublished)   Author: Judge Reuben Young
Judgment on the Pleadings, Protective Covenants, Amendments and Variances, Revocation
State v. Boone (19-560 - Unpublished)   Author: Judge Reuben Young
Evidence, Jury Instruction, Lesser-Included Offense
State v. Boykin (19-806 - Unpublished)   Author: Judge Christopher Brook
illustrative evidence; introduction of mug-shot photos not error, much less plain error; ineffective assistance of counsel; required showing of prejudice not met on IAC claim; required notice and opportunity to be heard on issue of attorney's fees not provided
State v. Brown (19-499 - Unpublished)   Author: Judge Phil Berger Jr.
First-degree murder, murder of an unborn child, motion to sever, prejudicial admission of evidence, jury instructions, motion to dismiss for insufficient evidence
State v. Burton (19-246 - Unpublished)   Author: Judge Richard Dietz
Second-degree rape; second-degree sexual offense; motion to dismiss; evidence of physical or constructive force
State v. Cabral (19-835 - Unpublished)   Author: Judge Reuben Young
Sentencing, Prejudicial Error
State v. Cottrell (19-981 - Unpublished)   Author: Judge John Arrowood
Revocation of probation - absconding from supervision; right to confrontation
State v. Council (19-363 - Unpublished)   Author: Judge Tobias Hampson
Jury instructions; Prejudice
State v. Henry (19-704 - Unpublished)   Author: Judge Chris Dillon
driving while impaired, substantial evidence, appreciable impairment, preservation requirement, plain error
State v. House (19-702 - Unpublished)   Author: Judge Allegra Collins
Rule 401; no plain error in admitting irrelevant evidence; sex offender registration statutes were not void for vagueness; closing argument; general deterrence; specific deterrence
State v. Lanier (19-658 - Unpublished)   Author: Judge John Arrowood
sexual offense with a child victim impact testimony
State v. Laudermilt (19-703 - Unpublished)   Author: Judge Lucy Inman
Prior bad acts Writ of certiorari Grossly improper
State v. Potter (19-898 - Unpublished)   Author: Judge Reuben Young
Restitution
State v. Sprinkle-Surratt (19-775 - Unpublished)   Author: Judge Reuben Young
Motion to Suppress, Motion to Dismiss, Freedom of Travel, Equal Protection, Valid Programmatic Purpose
State v. Thomas (19-570 - Unpublished)   Author: Judge Chris Dillon
indecent liberties, statutory sex offense, specific intent, voluntary intoxication, failure to testify, right to remain silent
State v. Williams (19-540 - Unpublished)   Author: Judge Donna Stroud
PWC, civil judgment for attorney fees
Wiggins v. Wells Fargo Bank, N.A. (19-940 - Unpublished)   Author: Judge Lucy Inman
Arbitration Interlocutory Appeal Attorney's Fees
Yow v. Henry (19-817 - Unpublished)   Author: Judge Phil Berger Jr.
Child custody, change of circumstances
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 28 PETITIONS AND 149 MOTIONS.


Filed: 17 March 2020
Mandate: 6 April 2020
Zip File of Published Opinions

Case Title / Description
Berke v. Fid. Brokerage Servs.  (19-641 - Published)   Author: Judge Christopher Brook
motions for directed verdict and for judgment notwithstanding the verdict under Rule 50 of North Carolina Rules of Civil Procedure; sufficiency of evidence for submission to jury where no evidence was presented during trial that anyone other than named beneficiary of retirement accounts was beneficiary of accounts
Buchanan v. NC Farm Bureau Mut. Ins. Co., Inc.  (19-887 - Published)   Author: Judge John Tyson
Cancellation of insurance policy; breach of contract; unfair and deceptive trade practices; motion in limine; appraisal as condition precedent; directed verdict following denial of summary judgment; exclusion of expert witness; NCGS 58-63-15; grounds for appellate review; sanctions.
Harper v. Vohra Wound Physicians of NY  (18-355 - Published)   Author: Judge Hunter Murphy
Judgment Notwithstanding the Verdict, Calculation of Damages, Amended Counterclaim
In re: K.R.G.  (19-424 - Published)   Author: Judge Hunter Murphy
ICWA, ICWA Notification, Remand
In re: A.K.G.  (18-1222 - Published)   Author: Judge Richard Dietz
Justiciability; Exceptions to Mootness; Collateral Consequences; Public Interest; Capable of Repetition Yet Evading Review
In re: B.S.  (19-789 - Published)   Author: Judge Allegra Collins
sufficient findings of fact to support the conclusion of dangerous to self; entry of a commitment period which exceeded the statutory maximum was impermissible
In re: N.U.  (19-652 - Published)   Author: Judge Allegra Collins
insufficient evidence to support findings of fact; findings of fact failed to support the conclusion that respondent was dangerous to self
State v. Cash  (19-460 - Published)   Author: Judge Allegra Collins
motion to set aside bond forfeiture; unauthorized practice of law within meaning of Section 84-5; sanctions reversed.
State v. Crompton  (19-504 - Published)   Author: Judge Phil Berger Jr.
Probation, willful absconding
State v. Dew  (19-737 - Published)   Author: Judge Phil Berger Jr.
AWDWISI, charge conference, motion to dismiss, deadly weapon
State v. Gordon  (17-1077-2 - Published)   Author: Judge Valerie Zachary
satellite-based monitoring; sex offender; Fourth Amendment; remanded for reconsideration in light of State v. Grady
State v. Graham  (17-1362 - Published)   Author: Judge John Arrowood
Hearsay vs Corroborative evidence: N.C.R. Evid. 801; N.C.R. Evidence 602 - personal knowledge; jury instruction re: defendant's flight; sentencing N.C.G.S. § 15A-1340.14(e) - prior record calculation: substantially similar, N.C.G.S. § 14-27.25(a), satellite-based monitoring N.C.G.S § 14-208.40A; Motion for appropriate relief - material conflict
State v. Nova  (19-462 - Published)   Author: Judge Richard Dietz
Jury Request for Transcript of Witness Testimony During Deliberations; Statutory Requirement that Trial Court Exercise Discretion; Prejudicial Error
State v. Taylor  (18-810 - Published)   Author: Judge Linda McGee
true threat, first amendment, anti-threat statute, ncgs 14-16.7, unprotected speech, jury instructions motion to dismiss, independent appellate review
State v. Wiles  (19-381 - Published)   Author: Judge Valerie Zachary
reasonable suspicion; traffic stop; N.C.R. Evid. 403; horizontal gaze nystagmus testing
Taube v. Hooper  (19-827 - Published)   Author: Judge John Arrowood
defamation per se; NCR Civ P 12(b)(6) dismissal
Topping v. Meyers  (19-618 - Published)   Author: Judge John Tyson
Defamation and libel; defamation as negligence; absolute privilege; immunity from suit; motion to dismiss; quasi-judicial.
Tuel v. Tuel  (19-691 - Published)   Author: Judge John Arrowood
child custody order re: relocation of children w/parent to another state - factors & adequacy of findings; NCGS 50 13.2(a); best interest of child
Unpublished Opinions
17 March 2020  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 6 April 2020 

4000 Piedmont Parkway Assocs., LLC v. E.wood Constr. Co., Inc. (19-669 - Unpublished)   Author: Judge Chris Dillon
Lease agreement; summary judgment; summary ejectment; Motion for Continuance; Rule 56(f); tenant; landlord; option clause; commercial real estate; contract; expiration of lease; typo; time is of the essence
Cheek v. Dancy (19-622 - Unpublished)   Author: Judge Valerie Zachary
adverse possession; motion to dismiss
Hamrick v. Gaston Cty. DSS (19-17 - Unpublished)   Author: Judge Wanda Bryant
Interlocutory appeal; substantial right.
In Re C.A.B. (19-179 - Unpublished)   Author: Judge Linda McGee
termination of parental rights, willful abandonment, meaningful appellate review
In re C.B., B.B. (19-279 - Unpublished)   Author: Judge Chris Dillon
termination of parental rights, methamphetamines, Department of Social Services, neglected, dependent, juvenile, custody, permanency planning hearing, no-merit brief
In re C.R.R. and M.N.H. (19-156 - Unpublished)   Author: Judge John Arrowood
TPR; neglect under NCGS 7B-1111
In Re J.C., L.N.B., Q.J.C., Z.N.W. (19-150 - Unpublished)   Author: Judge Chris Dillon
Neglect; neglected juveniles; dispositional order; custody; DSS; sexual abuse; improper care; improper supervision; substance abuse; dependent juveniles; non-secure custody; adjudicatory hearing; reunification; supervised visitation; no visitation; clear and convincing evidence; guardian ad litem; de novo; specific findings; assault; victim; rape; completed offense; consent; genitals; unsubstantiated claims; competent evidence; credibility of witnesses; unsupervised contact; relinquishment of parental rights; parental rights; recantation; sexual intercourse; penetration; forensic interviews; reasonable inferences; mental impairment; physical impairment; substantial risk of impairment; suspected abuse; abuse of discretion; preservation; appellate review; best interests; statutory rape; indecent liberties; denial of visitation
In re N.J.E. and J.D.E. (19-34 - Unpublished)   Author: Judge Wanda Bryant
Termination of Parental Rights; Neglect.
In re S.R. (19-459 - Unpublished)   Author: Judge Tobias Hampson
Abused juvenile; Ceasing reunification efforts
In re: B.H. (19-411 - Unpublished)   Author: Judge Chris Dillon
dangerous to himself, involuntary commitment, inpatient commitment, manic, physical debilitation, sua sponte, statutory mandate
In re: D.S. (19-322 - Unpublished)   Author: Judge John Arrowood
NCR App P 3.1; NCGS 7B-903(a1), 7B-906.1; guardianship award to other then relative
In re: J.C., J.C., J.C., J.C., J.C., J.C. (19-396 - Unpublished)   Author: Judge Wanda Bryant
Permanency Planning; Right to Appeal; Visitation; Findings of Fact; Conclusions of Law; Best Interest.
In re: X.A.R. (19-584 - Unpublished)   Author: Judge John Arrowood
cessation of reunification; guardianship as sole permanent plan; NCGS 7B-906.2
In the Matter of P.N.K. (19-208 - Unpublished)   Author: Judge Wanda Bryant
Termination of Parental Rights, Father, Paternity, Financial Support or Consistent Care.
State v. Clark (19-634 - Unpublished)   Author: Judge Phil Berger Jr.
State v. Dixon (19-609 - Unpublished)   Author: Judge Allegra Collins
relevant evidence and admissible evidence of prior bad act under Rule 404(b); no abuse of discretion in denying motion for mistrial
State v. Fields (19-822 - Unpublished)   Author: Judge John Arrowood
PWC denial; NCGS 158-1544?; review of guilty plea and terms re: knowing and voluntary/benefit of bargain; forfeiture of counsel by firing series of attorneys
State v. Finley (19-494 - Unpublished)   Author: Judge Phil Berger Jr.
Robbery with a dangerous weapon, Jail phone call, limiting instruction, plain error
State v. Hairston (19-650 - Unpublished)   Author: Judge Reuben Young
Possession of a Firearm by a Felon, Motion to Suppress
State v. Hughes (19-50 - Unpublished)   Author: Judge Chris Dillon
sex offender, satellite-based monitoring, jury instructions, habit, plain error, crime against nature, ambiguous verdict form
State v. Jerry (19-195 - Unpublished)   Author: Judge Wanda Bryant
Judicial disqualification; waiver closing argument.
State v. Odems (19-402 - Unpublished)   Author: Judge John Tyson
Felony larceny; obtaining property by false pretenses; habitual felon; value of stolen property; vacate and remand.
State v. Randall (19-544 - Unpublished)   Author: Judge Richard Dietz
Post-Conviction DNA Testing; Inventory of Biological Evidence
State v. Richardson (19-410 - Unpublished)   Author: Judge Allegra Collins
sufficient temporal proximity and sufficiently similar facts between two crimes to render evidence of one of the crimes admissible under Rule 404(b)
State v. Wells (19-708 - Unpublished)   Author: Judge Christopher Brook
felony sentencing; aggravating factors; evidence to support aggravating factor was not the same as evidence of underlying offense; prior record level determination; substantial similarity of out-of-state conviction; no error where sentence imposed was a legal sentence for the correct prior record level even if it was based on an incorrect prior record level determination
Wallace v. Maxwell (19-291 - Unpublished)   Author: Judge Phil Berger Jr.
Medical malpractice, proximate cause, expert testimony
Zhang v. Rubin (19-682 - Unpublished)   Author: Judge Hunter Murphy
Medical Malpractice; Motion for Summary Judgment; Expert Witness; Familiarity With Experience and Training
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 28 PETITIONS AND 149 MOTIONS.


Filed: 3 March 2020
Mandate: 23 March 2020
Zip File of Published Opinions

Case Title / Description
Cummings v. Carroll  (19-283 - Published)   Author: Judge Allegra Collins
Claims for (1) negligence, (2)negligent misrepresentation, (3) breach of fiduciary duty, (4) unfair and deceptive trade practices within the meaning of N.C. Gen. Stat. 75-1.1, (5) breach of contract, (6) breach of implied covenant of good faith and fair dealing, (7) fraud and fraud in the inducement, (8) fraud by concealment, (9) personal liability in connection with the sale and purchase of a home. Summary judgment.
Green v. Black  (19-661 - Published)   Author: Judge Allegra Collins
Default on promissory note; provision to contract for new note on unspecified terms in event of default set aside as void and severable; summary judgment affirmed
Holdstock v. Duke Univ. Health Sys., Inc.  (18-1312 - Published)   Author: Judge Linda McGee
Facial challenge, three judge panel, N.C.G.S. 1-267.1, N.C.G.S. 1-81.1, N.C.G.S. 1A-1, Rule 42(b)(4)
In re: Giddens  (19-792 - Published)   Author: Judge Lucy Inman
Spousal Year's Allowance; Deficiency Judgment; Estate Administration; Family Settlement Agreements
Long v. Fowler  (19-785 - Published)   Author: Judge Christopher Brook
wrongful death; sufficiency of allegations in complaint; identification of individual and official capacity in caption; sovereign immunity; caption in complaint sufficiently identified individuals in individual and official capacity to survive motions to dismiss pursuant to Rule 12(b)(1), 12(b)(2), and 12(b)(6) of North Carolina Rules of Civil Procedure
Poulos v. Poulos  (19-340 - Published)   Author: Judge Tobias Hampson
Interlocutory; Collateral estoppel; Equitable distribution
State v. Ditenhafer  (16-965-2 - Published)   Author: Judge Linda McGee (View Supreme Court Opinion)
obstruction of justice, N.C.G.S. 14-3(b), denial of access
State v. Leaks  (19-479 - Published)   Author: Judge Tobias Hampson
Jury Instructions; Self-defense
State v. Mangum  (18-850 - Published)   Author: Judge Linda McGee
Criminal Conviction, Civil Judgment, Attorney?s Fees, Jurisdiction, Record on Appeal, N.C. R. App. P. 3(a), Certiorari, N.C. R. App. P. 9, Amending Record on Appeal
State v. Nazzal  (19-552 - Published)   Author: Judge John Arrowood
DWI-insufficient evidence of impairment - NCGS 20-138.1(a)(1); second-degree murder re: reckless driving non-DWI; NCGS 20-146(d)(1) failure to maintain lane control
State v. Neira  (19-653 - Published)   Author: Judge Christopher Brook
expunctions or expungement; eligibility for expunction of offense involving impaired driving
State v. Pratt  (19-435 - Published)   Author: Judge Allegra Collins
Jury instruction on entrapment not warranted where defendant failed to show lack of predisposition to commit crimes charged; error to enter civil judgment for attorney's fees without providing defendant opportunity to be heard thereupon
Unpublished Opinions
3 March 2020  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 23 March 2020 

Cuevas v. Davis (19-631 - Unpublished)   Author: Judge Valerie Zachary
interlocutory appeal; jurisdiction
Cunningham v. Long Term Care, Inc. (18-1275 - Unpublished)   Author: Judge Linda McGee
Workers' compensation, accident, duty to consider all evidence
Gordon v. Hancock (19-712 - Unpublished)   Author: Judge Lucy Inman
Summary Judgment; Verified Pleadings; Affidavits; Admissions
In re S.T. (19-423 - Unpublished)   Author: Judge Phil Berger Jr.
Subject matter jurisdiction, child custody, permanency planning
Indus. Hemp Mfg., LLC v. Am. Hemp Seed Genetic, LLC (19-679 - Unpublished)   Author: Judge Christopher Brook
personal jurisdiction; consent to jurisdiction; dismissal pursuant to Rule 12(b)(2) of North Carolina Rules of Civil Procedure
Seymour v. Orange Cty. Bd. of Educ. (19-334 - Unpublished)   Author: Judge Hunter Murphy
School board immunity, interlocutory appeal, immunity waiver.
State v. Eskridge (19-431 - Unpublished)   Author: Judge Tobias Hampson
Controlled purchase; 404(b) Evidence
State v. Griffin (19-657 - Unpublished)   Author: Judge Lucy Inman
Relevance Gang membership Attorney?s fees
State v. Guarascio (19-486 - Unpublished)   Author: Judge John Arrowood
criminal records request; violation of NCR App P 3
State v. Hodges (19-266 - Unpublished)   Author: Judge Hunter Murphy
Motion to dismiss; Jury Instructions; Lesser-Included Offense
State v. Joyner (19-651 - Unpublished)   Author: Judge Christopher Brook
termination of sex offender registration; reportable offenses requiring sex offender registration; unpreserved reportable offense issue; constitutionality of retroactivity of sex offender registration requirements; Sex Offender Registration and Notification Act
State v. Lemus (19-582 - Unpublished)   Author: Judge Phil Berger Jr.
bail bond forfeiture; motion for sanctions; jurisdiction
State v. McKoy (18-599 - Unpublished)   Author: Judge Linda McGee
Criminal Conviction, Civil Judgment, Attorney?s Fees, Jurisdiction, Record on Appeal
State v. Pocknett (19-744 - Unpublished)   Author: Judge Phil Berger Jr.
sentencing; second-degree muder; Class B2 offense
State v. Scott (19-607 - Unpublished)   Author: Judge Lucy Inman
Polygraph test Rule 403 Mitigating factor Presumptive range
State v. W.brook (19-331 - Unpublished)   Author: Judge Lucy Inman
Discrimination Race-neutral Closing argument Prior record level Ineffective assistance of counsel
State v. White (19-664 - Unpublished)   Author: Judge Allegra Collins
clerical error in judgment; sale and delivery of methamphetamine; arresting judgment
State v. Wilson (19-556 - Unpublished)   Author: Judge Valerie Zachary
hearsay; present sense impression exception; attempted robbery with a dangerous weapon; lesser-included offenses
State v. Yates (19-348 - Unpublished)   Author: Judge John Arrowood
motion to dismiss - substantial evidence; misdemeanor cruelty to animals NCGS 14-360(a); restitution as condition of probation NCGS 1343(d) - aggrieved party; NCGS 19A-70
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 28 PETITIONS AND 149 MOTIONS.


Filed: 18 February 2020
Mandate: 9 March 2020
Zip File of Published Opinions

Case Title / Description
Barnard v. Johnston Health Servs. Corp.  (19-290 - Published)   Author: Judge Wanda Bryant
Assignment; Subrogation; MedPay; Judgment on the Pleadings; Health and Liability Insurance; Automobile Insurance.
Holmes v. Moore  (19-762 - Published)   Author: Judge Tobias Hampson
Voter ID; Preliminary Injunction
Mace v. NC Dep't of Ins.  (19-710 - Published)   Author: Judge Allegra Collins
prayer for judgment continued; conviction under N.C.G.S. 58-2-69; adjudication of guilt
Poindexter v. Everhart  (19-646 - Published)   Author: Judge John Tyson
Military pension division; subject matter jurisdiction; personal jurisdiction; breach of separation agreement; equitable remedy; specific performance; 10 USC 1408; NCGS 7A-244; unincorporated agreement; forum selection clause.
Shepard v. Catawba Coll.  (19-101 - Published)   Author: Judge Donna Stroud
negligence
Starlites Tech Corp. v. Rockingham Cty.  (19-406 - Published)   Author: Judge Valerie Zachary
zoning; land use; change in ownership
State v. Angram  (19-151 - Published)   Author: Judge Donna Stroud
motion to dismiss, robbery with a dangerous weapon
State v. Davis  (19-500 - Published)   Author: Judge Allegra Collins
proper denial of request for limiting instruction; clarification of prior convictions was not impeachment; failure to preserve issue for appeal;
State v. Griffin  (17-386-2 - Published)   Author: Judge Lucy Inman
Satellite-Based Monitoring; Warrantless Search; Fourth Amendment; Post-Release Supervision
State v. Hodge  (19-443 - Published)   Author: Judge Christopher Brook
validity of indictment; jurisdiction to enter sentence; no abuse of discretion granting continuance for issuance of superseding indictment
State v. Kowalski  (19-709 - Published)   Author: Judge John Tyson
Misdemeanor assault on a female; preservation; limitation of cross-examination; impeachment evidence; relevance; jury instructions; invited error.
State v. Mills  (19-597 - Published)   Author: Judge Phil Berger Jr.
Probation, willful absconding
State v. Mitchell  (18-1163 - Published)   Author: Judge Christopher Brook
foundation required for witness to testify to personal knowledge under Rule 602 of North Carolina Rules of Evidence; permissible lay opinion testimony under Rule 701 of North Carolina Rules of Evidence; cellphone technology evidence and cellphone record retention evidence; erroneous evidence of victim's good character not plain error; sufficiency of evidence to support multiple conspiracy counts
State v. Richardson  (19-627 - Published)   Author: Judge Allegra Collins
no reversible error when trial court omitted certain verbiage from final mandate of jury instruction on voluntary manslaughter
Wetherington v. NC Dep't of Pub. Safety  (18-1018 - Published)   Author: Judge Donna Stroud
Just cause; Termination; State Employee; Law of the Case
Unpublished Opinions
18 February 2020  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 9 March 2020 

McGrath RentCorp v. TCI Triangle, Inc. (19-655 - Unpublished)   Author: Judge Reuben Young
Personal Jurisdiction, Purposeful Availment, Judgment on the Pleadings, Interlocutory
McMaster v. McMaster (19-234 - Unpublished)   Author: Judge John Arrowood
child custody; lack of standing; NCGS ? 50-13.1(a); conduct inconsistent with protected parental status
Rezvani v. Carnes (19-491 - Unpublished)   Author: Judge John Arrowood
violations of NCRAP jurisdictional rules, requiring dismissal; NCRAP 9, 25, 34
State v. Boyd (19-543 - Unpublished)   Author: Judge John Tyson
Common law robbery; felony larceny from the person; valid indictment; inchoate crimes; plain error review; lessert-inclunded offense
State v. Clark (19-456 - Unpublished)   Author: Judge Allegra Collins
motion to suppress evidence; search warrant application; probable cause; Franks challenge to veracity of search warrant affidavit
State v. Davis (19-663 - Unpublished)   Author: Judge Reuben Young
Probation Revocation, Subject Matter Jurisdiction, Clerical Error, Abuse of Discretion
State v. Engle (19-488 - Unpublished)   Author: Judge Christopher Brook
evidence of prior crimes, wrongs, or acts under Rule 404(b) of North Carolina Rules of Evidence; probative value of 404(b) evidence not outweighed by danger of unfair prejudice or confusion of jury under Rule 403 of North Carolina Rules of Evidence; no abuse of discretion in determining authenticity of disputed text message communications; review of authentication ruling on motion in limine; no prejudicial error in failing to exclude evidence of victim's good character where no objection raised at trial
State v. Everwine (19-629 - Unpublished)   Author: Judge John Tyson
Possession of stolen vehicle; motion to dismiss; restitution; value of stolen property.
State v. Johnson (19-489 - Unpublished)   Author: Judge Lucy Inman
Substantially similar Violent felony Violent habitual felon
State v. Juarez (19-545 - Unpublished)   Author: Judge John Arrowood
sentencing - improper considerations by trial court; impact of drugs
State v. Lail (19-468 - Unpublished)   Author: Judge John Tyson
Second-degree murder; child abuse; Confrontation Clause; harmless error beyond a reasonable doubt; hearsay; excited utterance; no prejudicial error; closing arguments; cumulative error.
State v. McDaniel (17-856-2 - Unpublished)   Author: Judge Linda McGee
Recent possession, recency, larceny, breaking and entering, extended probation period
State v. Newsuan (19-564 - Unpublished)   Author: Judge Tobias Hampson
Gang-related testimony.
State v. Nyeplu (18-1251 - Unpublished)   Author: Judge Wanda Bryant
Jury voir dire; ineffective assistance of counsel; issue preservation; prejudice.
State v. Robinson (19-405 - Unpublished)   Author: Judge Donna Stroud
robbery with a dangerous weapon
State v. Wheeling (18-1055 - Unpublished)   Author: Judge Wanda Bryant
Jury Instruction; lesser included offenses; motion to dismiss; pretrial release; admissibility of evidence.
The Cherry Cmty. Org. v. Sellars (19-695 - Unpublished)   Author: Judge Phil Berger Jr.
Good faith purchaser, NC Unfair or Deceptive Trade Practices Act, NC Uniform Voidable Transactions Act
Wallace v. Jeter (19-696 - Unpublished)   Author: Judge Reuben Young
Summary Ejectment
Whisnant v. Laurels (19-774 - Unpublished)   Author: Judge John Tyson
Worker's Compensation Act; N.C. Rule of Appellate Procedure 28(b)(6); aggravating injury; unchallenged findings of fact.
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 28 PETITIONS AND 149 MOTIONS.


Filed: 4 February 2020
Mandate: 24 February 2020
Zip File of Published Opinions

Case Title / Description
Ingram v. NC State Bd. of Plumbing, Heating, & Fire Sprinkler Contractors  (19-436 - Published)   Author: Judge Tobias Hampson
Administrative Agency Decision; Licensing Board
Mims v. Parker  (19-317 - Published)   Author: Judge Tobias Hampson
Dog bite; Strict Liability; Negligence
Morris v. Powell  (19-524 - Published)   Author: Judge Lucy Inman
Child Support Emancipation Contempt
State v. Corbett/Martens  (18-714 - Published)   Author: Judge Valerie Zachary
motion for appropriate relief; no-impeachment rule; sufficiency of the evidence; medical diagnosis or treatment exception to hearsay rule; residual exception to hearsay rule; N.C.R. Evid. 702(a); aggressor doctrine; jury instructions; prejudice
State v. Dravis  (18-76-2 - Published)   Author: Judge Chris Dillon
Reconvening order; satellite-based monitoring; reasonable warrantless search; Fourth Amendment; sex offense crimes; sufficient evidence
State v. Goins  (19-288 - Published)   Author: Judge Hunter Murphy
Closing argument; Improper argument; Constitutional Rights; New Trial
State v. Parker  (19-521 - Published)   Author: Judge John Tyson
Possession of firearm by a felon; motion to dismiss for insufficient evidence; habitual felon; circumstantial evidence; non-preservation of a constitutional issue; improper closing argument.
State v. Patterson  (18-1082 - Published)   Author: Judge Hunter Murphy
Plain error; Ineffective assistance of counsel; Attorney Fees
State v. Wilson  (19-184 - Published)   Author: Judge Tobias Hampson
PWISD cocaine; Sufficiency of the evidence; Intent
Wagner v. City of Charlotte  (18-1084 - Published)   Author: Judge Tobias Hampson
Flooding; Inverse condemnation; Negligence; Trespass; Nuisance
Unpublished Opinions
4 February 2020  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 24 February 2020 

B.V. Belk, Jr. v. VRS Magnolia Plaza, LLC (19-563 - Unpublished)   Author: Judge Reuben Young
Easement Implied by Prior Use, Summary Judgment
Calatlantic Grp., Inc. v. Cty. of Union (19-577 - Unpublished)   Author: Judge Lucy Inman
Interlocutory Order; Substantial Right; Petition for Writ of Certiorari; Rule 54(b)
Carrington v. Carolina Day Sch., Inc. (19-666 - Unpublished)   Author: Judge Reuben Young
Employment Contract, Failure to State a Claim
Davidson v. Laws (18-780 - Unpublished)   Author: Judge Wanda Bryant
Statutory Interpretation; child custody; Servicemembers Civil Relief Act.
E.wood Constr. Co., Inc. v. Cty. of Union (19-579 - Unpublished)   Author: Judge Lucy Inman
Interlocutory Order; Substantial Right; Petition for Writ of Certiorari; Rule 54(b)
In re A.J. A-D (19-270 - Unpublished)   Author: Judge Richard Dietz
Termination of parental rights; willful abandonment; statutory two-step process of adjudication and disposition
In the Matter of Z.S. (19-74 - Unpublished)   Author: Judge Richard Dietz
Adjudication of neglect; sufficiency of evidence and findings of fact; exclusion of testimony
Lennar Carolinas, LLC v. Cty. of Union (19-576 - Unpublished)   Author: Judge Lucy Inman
Interlocutory Order; Substantial Right; Petition for Writ of Certiorari; Rule 54(b)
Light v. Prasad (19-720 - Unpublished)   Author: Judge Allegra Collins
consent discovery scheduling order; no abuse of discretion by trial court in granting motion for a protective order; no abuse of discretion by trial court in allowing expert witnesses to testify at trial;
M/I Homes of Charlotte, LLC v. Cty. of Union (19-575 - Unpublished)   Author: Judge Lucy Inman
Interlocutory Order; Substantial Right; Petition for Writ of Certiorari; Rule 54(b)
McInnis Constr. Co., Inc. v. Cty. of Union (19-578 - Unpublished)   Author: Judge Lucy Inman
Interlocutory Order; Substantial Right; Petition for Writ of Certiorari; Rule 54(b)
Novack v. Kosciuszko (19-383 - Unpublished)   Author: Judge Valerie Zachary
premises liability; open and obvious
Pace/Dowd Props. Ltd v. Cty. of Union (19-580 - Unpublished)   Author: Judge Lucy Inman
Interlocutory Order; Substantial Right; Petition for Writ of Certiorari; Rule 54(b)
Powell v. Hamilton (19-325 - Unpublished)   Author: Judge Richard Dietz
Child custody; joint custody; best interests determination
S&S Fam. Bus. Corp. v. Clean Juice Franchising, LLC (19-264 - Unpublished)   Author: Judge Linda McGee
mandatory forum selection clause, contract interpretation
Saunders v. Crystal Springs Park, Inc. (19-526 - Unpublished)   Author: Judge Allegra Collins
failure to cite legal authority; frivolous appeal; dismissal of appeal; N.C.R. App. P. 25(b), 34(b)(1)
Shea Homes, LLC v. Cty. of Union (19-573 - Unpublished)   Author: Judge Lucy Inman
Interlocutory Order; Substantial Right; Petition for Writ of Certiorari; Rule 54(b)
Shops At Chestnut, LLC v. Cty. of Union (19-574 - Unpublished)   Author: Judge Lucy Inman
Interlocutory Order; Substantial Right; Petition for Writ of Certiorari; Rule 54(b)
State v. Elliott (19-123 - Unpublished)   Author: Judge Richard Dietz
Denial of defense counsel's motion to withdraw; denial of motion to suppress; reasonable suspicion for pat-down; probable cause for search of cell phones
State v. Espinosa (19-305 - Unpublished)   Author: Judge Tobias Hampson
Conspiracy; Sufficiency of the evidence; Joinder
State v. Hall (19-110 - Unpublished)   Author: Judge Richard Dietz
Forfeiture of right to counsel; pattern of serious misconduct; use of criminal history to impeach defendant's credibility
State v. Mayfield (19-606 - Unpublished)   Author: Judge Reuben Young
Excusing Witnesses, Voir Dire
State v. McCormick (19-680 - Unpublished)   Author: Judge John Arrowood
awdwikisi - motion to dismiss for insufficient evidence of intent to kill; jury instruction on flight
State v. Sanders (19-248 - Unpublished)   Author: Judge Valerie Zachary
child abuse; mitigating factor; sentencing; guilty plea
State v. Stacy (19-465 - Unpublished)   Author: Judge Richard Dietz
Plain error; hearsay; assessment of costs for related charges; civil judgment for attorneys' fees
State v. Taylor (19-593 - Unpublished)   Author: Judge Christopher Brook
Sixth Amendment challenge not preserved for appellate review; failure to specifically argue plain error in jury instructions did not preserve issue for appellate review
State v. Watson (19-553 - Unpublished)   Author: Judge Allegra Collins
possession of a firearm by a felon; defendant's stipulation to being a convicted felon at the time he was charged with possession of a firearm was sufficient evidence of his status as a convicted felon;
State v. Wilson (19-620 - Unpublished)   Author: Judge Reuben Young
Plain Error, Jury Instruction
True Homes, LLC v. Cty. of Union (19-572 - Unpublished)   Author: Judge Lucy Inman
Interlocutory Order; Substantial Right; Petition for Writ of Certiorari; Rule 54(b)
Zak v. Sweatt (19-440 - Unpublished)   Author: Judge Allegra Collins
Child custody modification; substantial evidence of change in circumstances affecting child's welfare since entry of prior order; denial of motion seeking recusal/reference of recusal motion to different trial judge; no abuse of discretion
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 28 PETITIONS AND 149 MOTIONS.


Filed: 21 January 2020
Mandate: 10 February 2020
Zip File of Published Opinions

Case Title / Description
Common Cause v. Forest  (18-870 - Published)   Author: Judge Richard Dietz
Swiftly enacted state legislation; constitutional challenge; meaning of Right to Instruct Clause
Hampton v. Hearn  (19-378 - Published)   Author: Judge Phil Berger Jr.
medical malpractice; proximate cause; intervening negligence
In re: H.D.H.  (19-490 - Published)   Author: Judge Donna Stroud
Probation, Extension, Written Findings
Lawrence v. Lawrence  (19-668 - Published)   Author: Judge John Tyson
Petition to partition; reimbursement to co-tenant; statutes of limitations: NCGS 1-52(1) and NCGS 1-56; burden on summary judgment; presumption of validity of marriage; laches as an affirmative defense, NCGS 1A-1, Rule 8(c).
Maness v. The Vill. of Pinehurst  (19-157 - Published)   Author: Judge Richard Dietz
Unemployment benefits; ambiguous employee statements or actions; statutory meaning of left work
State v. Campbell  (18-998 - Published)   Author: Judge John Arrowood
sufficiency of evidence for appellate review - motion to dismiss appeal; racial discrimination in use of peremptory challenges in jury selection - prima facie claim - Batson v Kentucky
State v. Jones  (19-281 - Published)   Author: Judge Christopher Brook
probation revocation; probationer's right to confrontation at revocation hearing
State v. Meader  (19-554 - Published)   Author: Judge Reuben Young
Voluntary Intoxication, Jury Instruction
State v. Scott  (19-250 - Published)   Author: Judge John Tyson
Second-degree murder; NCGS 8-53; NCGS 90-21.20B(a1); malice; excessive speed; reckless driving.
Unpublished Opinions
21 January 2020  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 10 February 2020 

Anton v. Anton (19-549 - Unpublished)   Author: Judge Allegra Collins
will caveat; undue influence; interlocutory order does not affect substantial right; risk of inconsistent verdicts
Berens v. Berens (19-306 - Unpublished)   Author: Judge Chris Dillon
child support; post-separation support; alimony; attorneys? fees; imputed income
Clark v. US Airways, Inc. (19-707 - Unpublished)   Author: Judge John Tyson
Temporary total disability; change in conditions; attorney's fees; NCGS 97-88; bad faith.
In re J.N.I., Jr., J.N.I., T.I.I. (19-86 - Unpublished)   Author: Judge Tobias Hampson
Termination of Parental Rights; Ineffective Assistance of Counsel.
In re VT (19-297 - Unpublished)   Author: Judge Tobias Hampson
Visitation; Guardianship; Permanency planning order; Insufficient findings of fact.
In re X.E.R.. (19-233 - Unpublished)   Author: Judge Donna Stroud
termination of parental rights, likelihood of adoption
In re: Rieger (19-304 - Unpublished)   Author: Judge Lucy Inman
Guardian of the Estate Chapter 35A Transfer of venue
In re: Z.S.B. (18-1105 - Unpublished)   Author: Judge Donna Stroud
Termination of parental rights, findings of fact
Lee v. Allen (19-265 - Unpublished)   Author: Judge Christopher Brook
child and spousal support; means to defray expense of defense; findings required for attorney's fee award; necessity of findings regarding litigant's assets or debts
Paez v. Paez (18-1206 - Unpublished)   Author: Judge Hunter Murphy
Separation agreement; Specific performance; Credit
State v. Clyde (19-82 - Unpublished)   Author: Judge John Tyson
Second-degree murder; plain error; hearsay; improper closing argument; IAC; prior consistent statement; defendant's statments after Miranda waiver.
State v. Davis (19-280 - Unpublished)   Author: Judge Allegra Collins
State v. Hall (18-1290 - Unpublished)   Author: Judge Hunter Murphy
Flight instruction; Lesser included offense; Voluntary manslaughter.
State v. Horne (19-249 - Unpublished)   Author: Judge Tobias Hampson
Felony child abuse
State v. Phifer (19-541 - Unpublished)   Author: Judge John Tyson
Illegal sentence; sentence after remand; NCGS 15A-1335.
State v. Shell (19-146 - Unpublished)   Author: Judge Chris Dillon
possession with intent to sell or distribute methamphetamine; motion to suppress; consent to search; search and seizure
State v. Thomas (19-399 - Unpublished)   Author: Judge Phil Berger Jr.
bench trial; confrontation rights; second-degree burglary; sufficiency of the evidence
State v. Washington (19-547 - Unpublished)   Author: Judge Allegra Collins
felony identity theft; name and date of birth; identifying information; In re Civil Penalty
Wrubluski v. Wrubluski (19-467 - Unpublished)   Author: Judge Chris Dillon
child support; post-separation support; attorneys? fees; parenting agreement; child support arrearages
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 28 PETITIONS AND 149 MOTIONS.


Filed: 7 January 2020
Mandate: 27 January 2020
Zip File of Published Opinions

Case Title / Description
Akshar Distribution Co. v. Smoky's Mart, Inc.  (19-316 - Published)   Author: Judge Allegra Collins
Default judgment as Rule 37 discovery sanction; Rule 59 motion tolled period to notice appeal; argument to reverse default judgment unpreserved; retirement of trial judge rendered Rule 59 motion unreviewable below; Rule 59 motion denied
Brown v. Fayetteville State Univ.  (19-13 - Published)   Author: Judge Tobias Hampson
Career State employee; After-acquired-evidence doctrine (McKennon rule); Procedural due process requirements.
Causey v. Cannon Sur., LLC  (19-27 - Published)   Author: Judge Allegra Collins
void confession of judgment; confession of judgment violated seizure order; N.C. Captive Insurance Act; judicial estoppel
Copeland v. Amward Homes Of N.C., Inc.  (18-1021 - Published)   Author: Judge Richard Dietz
Negligence; Construction Equipment Roll-Away; Liability of Real Estate Developer; Theories of Legal Duty
Deanes v. Deanes  (19-120 - Published)   Author: Judge Tobias Hampson
Child custody modification; Child support modification; Civil contempt
Deminski v. The State Bd. Of Educ.  (18-988 - Published)   Author: Judge Donna Stroud
Constitutional right to Education, Leandro, DOT v. Charlotte-Mecklenburg Board of Education
Gen. Fid. Ins. Co. v. WFT, Inc.  (18-1103 - Published)   Author: Judge Valerie Zachary
corporate fraud; fraudulent transfer; piercing the corporate veil; unfair and deceptive trade practices
Griffin v. Absolute Fire Control  (19-461 - Published)   Author: Judge Christopher Brook
workers compensation; disability and suitability of substitute employment; makework
In re: Harper  (19-326 - Published)   Author: Judge Valerie Zachary
standard of review; estate proceedings; special proceedings
In re: Harper  (19-327 - Published)   Author: Judge Valerie Zachary
standard of review; estate proceedings; special proceedings
In re: Lowe's Home Ctrs., LLC  (19-125 - Published)   Author: Judge Hunter Murphy
Property Tax; Revaluation; Misapplication
In re: S.C.  (19-333 - Published)   Author: Judge Christopher Brook
Protection of the Abused, Neglected, or Exploited Disabled Adult Act; petition for protective services; petition contents required
Myers v. Myers  (18-1210 - Published)   Author: Judge Donna Stroud
Expert Testimony, NC Rule of Civil Procedure 26, Alimony
Nanny's Korner Day Care Ctr., Inc. v. NC Dep't of Health & Hum. Servs.  (19-416 - Published)   Author: Judge Allegra Collins
exhaustion of administrative remedies; Tort Claims Act; statute of limitations
Paynich v. Vestal  (19-185 - Published)   Author: Judge Allegra Collins
child custody modification order; access to child's medical, school, and counseling records; supervised visitation in best interest of child
State of NC v. Wasco, LLC  (19-355 - Published)   Author: Judge Christopher Brook
res judicata; law of the case; impossibility of compliance with injunction; failure to join necessary party; untimely appeal from motion for reconsideration
State v. Braswell  (19-434 - Published)   Author: Judge Christopher Brook
sufficiency of prior record level evidence; discretionary writs; certiorari
State v. Carter  (19-44 - Published)   Author: Judge Allegra Collins
identity theft; motion to dismiss for insufficient evidence; jury instruction on false, contradictory, or conflicting statements
State v. Crane  (19-369 - Published)   Author: Judge Allegra Collins
driving while impaired; invited error
State v. Hoque  (19-134 - Published)   Author: Judge Allegra Collins
motion to dismiss for insufficient evidence; driving while impaired; resisting a public officer; possession of open container while driving; motion to suppress blood test results; officers' use of force during blood draw; body-camera recordings
State v. Schalow  (19-215 - Published)   Author: Judge Allegra Collins
Third prosecution arising out of same alleged conduct; presumption of prosecutorial vindictiveness; joinable offenses; dismissal required
Unpublished Opinions
7 January 2020  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 27 January 2020 

Chappell v. Chappell (19-11 - Unpublished)   Author: Judge Valerie Zachary
divorce; equitable distribution; classification; valuation
Clement v. Cumberland Cty. (19-414 - Unpublished)   Author: Judge Phil Berger Jr.
Zoning Ordinance, Bona Fide Farm Exception, Administrative Remedies
Conde v. Jessup (19-16 - Unpublished)   Author: Judge Valerie Zachary
DMV; implied-consent offense; reasonable grounds
Crop Prod. Servs., Inc. v. Pearson (19-260 - Unpublished)   Author: Judge Lucy Inman
Breach of warranty; negligent misrepresentation; summary judgment; expert opinion
In Re D.B. (19-387 - Unpublished)   Author: Judge Allegra Collins
involuntary commitment; dangerous to self; serious physical debilitation
In re: A.D.S. (19-258 - Unpublished)   Author: Judge Allegra Collins
injury to real property; juvenile delinquent adjudication; motion to dismiss for insufficient evidence
In re: Hazelwood (19-121 - Unpublished)   Author: Judge Donna Stroud
Jurisdiction, Indictment
In re: K.A. (19-455 - Unpublished)   Author: Judge Phil Berger Jr.
Juvenile, Adjudication, Right to Cross-examine
Kanish, Inc. v. Taylor (19-482 - Unpublished)   Author: Judge John Tyson
Revocation and purchase contract; no acceptance by buyer; electronic signature statute, NCGS 66-315; jury's verdict; entry of default; jury instruction.
Leftwich v. Morris (19-656 - Unpublished)   Author: Judge John Tyson
Interlocutory appeal; compulsory counterclaim; motion to amend; substantial right.
Martin v. Irwin (19-559 - Unpublished)   Author: Judge John Arrowood
personal jurisdiction; N.C.R. Civ. P. 60(b)(4); N.C.R. Civ. P. 4(j); insufficient service of process and personal jurisdiction
Sikes v. Farrell (19-238 - Unpublished)   Author: Judge Chris Dillon
Medical Malpractice; Rule 9(j); Rule 12(b)(6); North Carolina Rules of Civil Procedure; Rule 41; voluntary dismissal; Rule 15; relation back; motion to amend complaint; statute of limitations; Rule 702; North Carolina Rules of Evidence negligence; standard of care; review by expert
State v. Collier (19-174 - Unpublished)   Author: Judge Tobias Hampson
second-degree murder jury instruction; sentencing classification
State v. Curlee (19-451 - Unpublished)   Author: Judge Phil Berger Jr.
Plain error, voluntary intoxication, malicious conduct by a prisoner
State v. Davis (19-227 - Unpublished)   Author: Judge Lucy Inman
Harmless beyond a reasonable doubt Closing argument Improper Grossly improper
State v. Garcia (19-360 - Unpublished)   Author: Judge Christopher Brook
ineffective assistance of counsel; absence of request for limiting instruction on use of 404(b) evidence; motion for appropriate relief
State v. Hernandez-Gonzalez (19-448 - Unpublished)   Author: Judge John Arrowood
NCGS § 7A-271, 272; NCGS § 15A-641(c); original jurisdiction of superior court to hear misdemeanor by presentment
State v. Herring (19-221 - Unpublished)   Author: Judge John Tyson
Attempted firs-degree murder; prior corroboratory statements; Rule 404(b); contents of cell phone browsing history; sufficiency of indictment.
State v. Hewitt (19-382 - Unpublished)   Author: Judge Christopher Brook
expert opinion of identity of controlled substance; plain error admitting expert testimony; clerical error in judgment
State v. Jones (19-14 - Unpublished)   Author: Judge Donna Stroud
motion to dismiss, trafficking by possession, trafficking by transportation
State v. Litaker (19-189 - Unpublished)   Author: Judge Phil Berger Jr.
Motion to Dismiss, Causal Nexus, Possession of Firearm by Felon
State v. Littlejohn (19-347 - Unpublished)   Author: Judge Hunter Murphy
Dismissal; Preservation; Fatal Variance; Ineffective Assistance of Counsel
State v. Locklear (19-487 - Unpublished)   Author: Judge Christopher Brook
injury to personal property; indictments; facial validity of indictments; fatal variance between indictment and evidence; sufficiency of factual basis for guilty plea
State v. Lofton (17-716-2 - Unpublished)   Author: Judge Linda McGee
motion to dismiss, sufficiency of the evidence, attempt to manufacture controlled substance
State v. Martin (19-130 - Unpublished)   Author: Judge Hunter Murphy
Court costs; Civil Judgment; Incomplete record
State v. McCord (19-517 - Unpublished)   Author: Judge Christopher Brook
probation violation; sufficiency of grounds for revocation of probation; clerical error in judgment
State v. Midgette (19-463 - Unpublished)   Author: Judge John Tyson
First-degree murder; felony murder; robbery with a dangerous weapon; motion to dismiss; limitation of cross-examination; Confrontation Clause, Rule 404(b); plain error review.
State v. Mize (19-161 - Unpublished)   Author: Judge Allegra Collins
statutory rape; jury instruction on impeachment or corroboration by prior statement; no prejudicial error
State v. Moore (19-301 - Unpublished)   Author: Judge Lucy Inman
Sale or Delivery of Marijuana; Arresting Judgment; Prior Record Level Stipulation
State v. Moore (19-183 - Unpublished)   Author: Judge Valerie Zachary
sentencing; remand
State v. Myers (19-173 - Unpublished)   Author: Judge Lucy Inman
Carrying A Concealed Gun; Motion to Dismiss; Insufficiency of the Evidence; Operability; Jury Instruction; Plain Error
State v. Patrick (19-571 - Unpublished)   Author: Judge Christopher Brook
legality of search of probationer; motion to suppress
State v. Phoeun (19-190 - Unpublished)   Author: Judge Valerie Zachary
custodial interrogation; Miranda warnings; motion to suppress
State v. Simmons (19-519 - Unpublished)   Author: Judge Reuben Young
Evidence, Mistrial, Prejudice, Improper Comment, Self Defense, Aggressor Doctrine
State v. Webster (19-257 - Unpublished)   Author: Judge John Arrowood
dismissing and replacing juror after jury has been empaneled; NCGS § 15A-1215(a); lay witness opinion testimony under Rule of Evidence 701
State v. Wheeler (18-1272 - Unpublished)   Author: Judge Wanda Bryant
State v. Whitmire (19-550 - Unpublished)   Author: Judge John Arrowood
absconded from probation; NCGS ? 15A-1343(b)(3a)
State v. Williams (18-1130 - Unpublished)   Author: Judge Linda McGee
willful violation of conditions of probation, aggravating factor, N.C.G.S. 15A-1022.1
Steele-Correll v. Price (19-551 - Unpublished)   Author: Judge John Arrowood
N.C.R. Civ. P 60(b)(4), 4(j), (j2); abuse of discretion; default judgment; service of process; motion for relief from judgment
Summit & Crowne Capital Partners, LLC v. Korth Direct Mortg., LLC (19-413 - Unpublished)   Author: Judge Chris Dillon
Motion to Dismiss; Personal Jurisdiction; Loan broker commission; interlocutory order; substantial right; affidavits; opposing affidavits; verified pleading; parent company; alter ego; minimum contacts; contract formation; contractual relationship
The Tr. For Tradewinds Airlines, Inc. v. Soros Fund Mgmt. LLC (19-356 - Unpublished)   Author: Judge John Tyson
Subject matter jurisdiction; contacts with state; piercing corporate veil; agency; default judgment; motions to dismiss