Court of Appeals Slip Opinions
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Filed: 19 November 2024 Mandate: 9 December 2024 Zip File of Published Opinions Case Title / Description | |
| Culpepper v. Off. of Admin. Hearings (24-811 - Published)
interlocutory, Office of Administrative Hearings | |
| Dobson v. Sears (24-277 - Published)
Nurse Medical Malpractice; Expert Witness Testimony; Statutory Standard of Care; Same or Similar Community; Rule 9(j); Contradictory Affidavit; Rule 702(e); Summary Judgment; | |
| East Bay Co., Ltd. v. Baxley (23-639 - Published)
Statute of Limitations; Tolling; Automatic Stay; Renew a Judgment; 11 U.S.C. § 108(c)(2018); Bankruptcy; N.C. Gen. Stat. 1-23; | |
| Exum v. St. Andrews-Covenant Presbyterian Church, Inc. (24-126 - Published)
interlocutory order; rule 12(b)(1) motion to dismiss; first amendment; ecclesiastical entanglement | |
| Ferris v. N.C. Bd. of Architecture (24-303 - Published)
administrative law; petition for judicial review; service of process; motion for extension of time | |
| Hughes v. Bd. of Trustees Teachers' & State Emps.' Ret. Sys. (24-263 - Published)
Retired State Employees; Class Action Suit Sovereign Immunity; Interlocutory appeal; Substantial Right; Cost of Living Allowances; Contractual Right; N.C. Gen. Stat. § Sec. 135-5; | |
| In re: L.B. & A.B. (24-380 - Published)
Abuse, neglect, and dependency | |
| Pocoroba v. Gregor (24-219 - Published)
civil contempt, 50C order, criminal contempt | |
| State v. Jones (24-241 - Published)
petition for writ of certiorari; competency hearing; sua sponte; due process; substantial evidence; bona fide doubt | |
| State v. Lancaster (24-152 - Published)
direct criminal contempt; N.C. Gen. Stat. 5A-11(a); statutory interpretation | |
| State v. Myers (24-435 - Published)
Attempted first degree murder; Discharging a weapon into an occupied property; Assault with a deadly weapon inflicting serious injury; Self Defense; Jury Instructions; Preserved Objections; | |
| State v. Teel (24-233 - Published)
instruction; invited error; object; participate; craft; request; consent; pattern; plain error; prejudice; voluntary manslaughter; first degree murder; not guilty; mandate; verdict sheet; hearsay; excited utterance; reasonable probability; startling; spontaneous; reflection; time; lapse; extreme stress; chaotic; shooting; cumulative error | |
| Taylor-Coleman v. N.C. Dep't of Health & Hum. Servs. Div. of Child Dev. & Early Educ. (24-387 - Published)
Child Maltreatment Registry; final agency decision; scope of review by superior court; whole-record review; revocation of childcare license; rational basis; sufficiency of the evidence; role of General Assembly. | |
| Unpublished Opinions 19 November 2024 - Rule 30e - Zip File of Unpublished Opinions Mandate: 9 December 2024 | |
| Brooks v. Brooks (23-1139 - Unpublished)
child custody; hearsay testimony; statements made for medical diagnosis; admission of prior conviction; bench trial. | |
| Colonial Plaza Phase Two, LLC v. Cherry's Elec. Tax Servs., LLC (23-159-2 - Unpublished)
Motion to transfer; District Court; jurisdiction; concurrent original jurisdiction; waiver of objection to the division; trial recording requirement; no court reporter present; trial unrecorded; failure to record not prejudicial; preservation of issue; failure to object. | |
| In re: A.C., V.S. (24-464 - Unpublished)
termination; parental; rights; neglect; future neglect; relapse; substance abuse; case plan | |
| In re: A.L.S.R., C.N.S.R., A.S.S.R. (24-472 - Unpublished)
termination of parental rights, reasonable progress, unchallenged findings | |
| In re: B.R.H. (24-215 - Unpublished)
Termination of Parental Rights; Disposition; Potential Relative Placement; Best Interest of the Child; No Abuse of Discretion; Affirmed. | |
| In re: Bald Head Island Transp., Inc. (24-127 - Unpublished)
N.C. Utilities Commission, N.C.G.S.62-111, transfer of utilities | |
| In re: K.F., F.S., A.B., M.H., A.S. (24-270 - Unpublished)
3.1; Neglect; Dependency | |
| State v. Adams (24-341 - Unpublished)
probation revocation, absconding, supervision, clerical error | |
| State v. Arellano (23-620 - Unpublished)
Statutory rape/indecent liberties; trial court erred in sentencing | |
| State v. Audrey (24-634 - Unpublished)
Probation; Revocation; Absconding; Relevant Evidence; Willful Evasion; Affirmed | |
| State v. Coats (24-350 - Unpublished)
constructive possession, curative instruction, improper expression of judicial opinion | |
| State v. Colquitt (24-187 - Unpublished)
motion for mistrial, deadlocked jury, "Allen" instruction, N.C.G.S.15A-1235(c) | |
| State v. Deans (24-377 - Unpublished)
motion to dismiss for insufficient evidence, identity of perpetrator, substantial evidence | |
| State v. Finger (24-367 - Unpublished)
felony assault by strangulation, sufficiency of the evidence, de novo | |
| State v. Garner (24-310 - Unpublished)
child abuse, jury instruction, proposed modification | |
| State v. Hutslar (24-14 - Unpublished)
plain error review, abuse of discretion review, dicta | |
| State v. Jordan (24-208 - Unpublished)
Probation Revocation; Probation Violation Report; Willful Violation; No Abuse of Discretion; Affirmed | |
| State v. McKinney (24-151 - Unpublished)
Statutory sex offense; Statutory rape; Indecent liberties with a child; Felony child abuse; Incest; Hearsay; Rule 803(4); Confrontation Clause; Ineffective Assistance of Counsel; | |
| State v. Norman (23-697 - Unpublished)
resisting, delaying, or obstructing an officer; self-defense instruction; lawful police conduct instruction; motion for mistrial; motion to dismiss | |
| State v. Perry (24-635 - Unpublished)
subject matter jurisdiction, appellate record | |
| State v. Pridgen (24-528 - Unpublished)
motion for DNA testing, appointment of counsel, Anders | |
| State v. Smith (23-1073 - Unpublished)
plain error, ineffective assistance of counsel, felony bar to self-defense | |
| State v. Sturdivant (24-67 - Unpublished)
motion to suppress evidence, industrial hemp, marijuana, State v Little 905 S.E.2d 907 (N.C.Ct.App.2024) | |
| State v. Walker (24-630 - Unpublished)
independent review, Anders brief, possession of methamphetamine, wholly frivolous | |
| Sunrise Rentals, LLC v. Popowich (24-397 - Unpublished)
Repossession of personal property; Breach of contract; Absence of Evidence; Incomplete order; | |
| West v. Greve (24-210 - Unpublished)
notice of appeal; motion to reconsider; Rule 59 | |
| Zanchelli v. Dep't of Health & Hum. Servs. (24-60 - Unpublished)
just cause for dismissal; unacceptable personal conduct; office of administrative hearings; N.C. Gen. Stat. 126-35; directed verdict |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 35 PETITIONS AND 244 MOTIONS.
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Filed: 5 November 2024 Mandate: 25 November 2024 Zip File of Published Opinions Case Title / Description | |
| Face v. Face (23-1126 - Published)
subject matter jurisdiction, equitable distribution, alimony, Rule 60, revocable trust, stipulations, abuse of discretion, clerical error | |
| Farrington v. WV Invs., LLC (23-416 - Published)
trespass; nuisance; competent evidence supports finding of fact; ambiguity; damages; injunctive relief; | |
| Hawhee v. Wake Cnty. (24-165 - Published)
Subject matter jurisdiction, administrative law, North Carolina Human Resources Act, State employee, local entity under the North Carolina Human Resources Act, improper appeal procedure. | |
| In re: A.K.H. (24-143 - Published)
Termination of parental rights; Waiver of Right to counsel; N.C. Gen. Stat. § 7B-1111(a)(2); Failure to make reasonable progress; Failure to Support; | |
| In re: B.E., L.E., L.E., C.W., F.W., B.W. (24-416 - Published)
subject matter jurisdiction, UCCJEA, N.C. Gen. Stat. § 50A-201, home state, transferring to Chapter 50, N.C. Gen. Stat. § 7B-911(c), In re H.S.F., 182 N.C. App. 739, 645 S.E.2d 383, (2007). | |
| In re: J.M.V., Jr. & S.M.Z. (23-1105 - Published)
Termination of parental rights; Failure to object to hearsay; Disregard unsupported findings; Changed conditions; Neglect; Failure to make reasonable progress; | |
| In re: S.D.H., D.W.H. (23-1099 - Published)
Termination of Parental Rights; Disposition; Best Interests; Guardian ad Litem; Pretrial Investigation; Attorney Advocate; Dual Roles; Abuse of Discretion. | |
| Jones v. Catholic Charities of the Diocese of Raleigh, Inc. (23-146 - Published)
Safe Child Act; Rule 4; Delay in service; Failure to Prosecute; Rule 41 Dismissal; | |
| Simpson v. Silver (23-1094 - Published)
competent evidence, preservation, DVPO | |
| State v. Graves (24-308 - Published)
Headings; First-degree murder; Hearsay; Business Record Exception; Custodian of Records; Certificate under penalty of perjury; Confrontation Clause; Non testimonial admission; | |
| State v. Little (23-1067 - Published)
Misdemeanor child abuse; theory not alleged in indictment; jury instructions; separate offenses; constructive possession; acknowledgement of possession. | |
| Fitzgerald v. Fortner (24-24 - Published)
Child custody; jurisdiction of juvenile court | |
| Unpublished Opinions 5 November 2024 - Rule 30e - Zip File of Unpublished Opinions Mandate: 25 November 2024 | |
| Bonet v. Costa (23-626 - Unpublished)
jurisdiction, file stamp, order | |
| Brown v. Rodriguez (24-449 - Unpublished)
domestic violence protective order; N.C. Gen. Stat. § 50B, sufficient findings of fact to support the denial of domestic violence protective order; fear of imminent serious bodily injury or continued harassment that rose to the level of substantial emotional distress | |
| Bunce v. Rex Healthcare, Inc. (24-271 - Unpublished)
Motion to amend complaint, necessary party, state agency, sovereign immunity, fraudulent concealment, attorneys' fees | |
| Cagle v. The Charlotte-Mecklenburg Hosp. Auth. (24-242 - Unpublished)
Summary judgment; liability for tortious acts of third party; failure to show the defendant's knowledge of dangerous propensities | |
| In re: A.H., B.H. (24-157 - Unpublished)
Appellate jurisdiction; 3.1; permanency planning order; visitation; guardianship; discretion to guardian over visitation; future review hearings; failure to make adequate progress on case plans. | |
| In re: E.H. (24-375 - Unpublished)
N.C. Gen. Stat. 7B-101(1); abuse; exclusive care of parent | |
| In re: J.M.T., J.D.T., J.I.T. (24-212 - Unpublished)
Neglect; Abuse; Adjudication; Disposition; Non-Secure Custody; Affirmed; Findings of Fact; Conclusions of Law | |
| In re: L.W.G. (24-394 - Unpublished)
Adjudication of neglect; probability of future neglect; not currently residing with parent; substantial risk of future neglect; failure to remedy; sufficiency of evidence. | |
| In re: R.S.P., J.R.P., Jr., D.M.P., N.B.J.P. (24-170 - Unpublished)
termination of parental rights, unsanitary home environment, willful failure to make reasonable progress, N.C.G.S. 7B-111(a)(2) | |
| Lee v. Lee (24-202 - Unpublished)
Contempt; Subject Matter Jurisdiction: Protective Order: Consent Order; Child Custody; Discovery; Medical Records | |
| Lineman v. McElhaney (24-78 - Unpublished)
divorce; alimony; contempt of court | |
| Murshed v. Hufton (23-627 - Unpublished)
jurisdiction, file stamp, order | |
| Pope v. iVueCars, LLC (23-1071 - Unpublished)
bench trial; findings of fact; Rule 52 | |
| Roorda v. Hukill (23-1055 - Unpublished)
Civil contempt; willfulness; purge conditions; substantial change of circumstances | |
| Sahana v. Fiscus (23-1068 - Unpublished)
Child support; subject matter jurisdiction; issue preservation | |
| State v. Arnold (24-189 - Unpublished)
Plain error review; instructional and evidentiary errors; jury instructions; preservation of issues; Sexual offense with a child by an adult; prior sexual act; admissibility of testimony; no plain error. | |
| State v. Ayala (22-1046 - Unpublished)
Attempted act of incest; completed act of incest; motion to dismiss; jury instructions; plain error; admission of improper opinion testimony | |
| State v. Chadwick (24-6 - Unpublished)
reversible error; jury instruction; actual/constructive possession | |
| State v. Danzy (24-607 - Unpublished)
fleeing to elude arrest; Anders Brief; Plea Argument; Pro Se Appeal | |
| State v. Dekeyser (23-899 - Unpublished)
substantial evidence; larceny; dash-cam footage; ineffective assistance of counsel | |
| State v. Freeman (23-740 - Unpublished)
forfeiture by wrongdoing, confrontation clause, unavailable witness | |
| State v. Hayes (24-325 - Unpublished)
Post-Release Supervision, Confrontation Clause, Ankle Monitor | |
| State v. Hill (24-159 - Unpublished)
kidnapping, assault, acting-in-concert, jury instructions | |
| State v. Hopkins (23-316 - Unpublished)
competency hearing, condition of probation, sentencing outside statutory mandate | |
| State v. Isenhour (24-8 - Unpublished)
Joinder; Motion to Sever; Pretrial; Renew; Waiver; Possession of firearm by felon; Drug-related charges; Abuse of discretion; No Ineffective Assistance of Counsel; Affirmed. | |
| State v. Ivey (24-250 - Unpublished)
order entered, out of session and out of term, consent | |
| State v. Jefferson (24-116 - Unpublished)
Plain error review; preservation of issues; 404(b) evidence; prior assaults of same victim; domestic assaults; chain of circumstances; limiting instruction; second-degree murder; malice; no prejudicial error. | |
| State v. Keyes (24-326 - Unpublished)
Ineffective Assistance of Counsel, Possession of Marijuana, Motion to Dismiss, Clerical Error in Judgment | |
| State v. Lewis (24-401 - Unpublished)
N.C.G.S. 14-415.1(a), Rule 2, constitutional issue raised for the first time on appeal | |
| State v. May (24-137 - Unpublished)
DWI; unlawful seizure; lawful traffic stop | |
| State v. Mills (23-1098 - Unpublished)
Rape; Sexual Assault; Mental Disability; Force; Jury instructions; Invited Error; Forensic evidence; Unanimous verdicts; | |
| State v. Turner (24-390 - Unpublished)
Speeding to flee/elude arrest; Assault on a law enforcement officer; Felonious restraint; Anders Brief; Plea Agreement; | |
| State v. Waheed (24-87 - Unpublished)
AWDWIKISI, corroboration, prejudice. | |
| Stubbs & Perdue, P.A. v. MacGregor (24-139 - Unpublished)
Unpaid attorney fees; tc's denial of motion for sanctions | |
| Web 4 Half LLC v. Rowlette (23-755 - Unpublished)
specific personal jurisdiction, minimum contacts, tortious conduct, purposeful availment | |
| Williams v. Hooks (22-671 - Unpublished)
habeas corpus; State v. Daw | |
| Williams v. Schaefer Sys., LLC (23-1035 - Unpublished)
Workers' Compensation Act, summary judgment, special employer, implied contract, Woodson exception, Pleasant exception |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 35 PETITIONS AND 244 MOTIONS.
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Filed: 15 October 2024 Mandate: 4 November 2024 Zip File of Published Opinions Case Title / Description | |
| In re: N.N. (24-43 - Published)
reunification, ineffective assistance of counsel, adjudication, disposition | |
| In re: Q.J.P., M.P., K.L. (23-721 - Published)
permanency planning order, reunification, right to appeal, required findings of fact | |
| Lail v. Tuck (24-179 - Published)
Recission of Deed; Intrinsic Fraud; Pattern Jury Instruction Civil 850.30; Grossly Inadequate consideration; Other contributing factors; Closing Attorney’s Duty to Seller; | |
| State v. Ellison (24-30 - Published)
Warrant; Redaction; Magistrate; Motion to Suppress; Denied; Breaking and Entering; Probable Cause | |
| State v. Hunt (23-890 - Published)
AWDWISI without intent to kill; injury to personal property; lay witness not qualified to give expert opinion | |
| State v. Mills (23-1097 - Published)
sentencing; trial court's statements; defendant's decision to have a jury trial | |
| State v. Moore (23-816 - Published)
inevitable discovery doctrine, double jeopardy, kidnapping, first degree murder | |
| State v. Rowdy (24-64 - Published)
Traffic stop; Probable cause; Sight and smell of marijuana; Legalization of hemp irrelevant; Sufficiency of findings and conclusions; Similarity to hemp; Totality of the circumstances; Vehicle search; Odor of marijuana; Hemp versus Marijuana; Fourth Amendment search; Identity of the substance; Warrantless search; Terry frisk; Reasonable belief. | |
| State v. Sandefur (23-1012 - Published)
prior record level, out-of-state convictions, substantial similarity analysis | |
| State v. Tanner (24-166 - Published)
Writ of Certiorari; Probation revocation; Absconding; Failure to Submit to Supervision; Making Whereabouts unknown; | |
| Vill. of Bald Head Island v. Bald Head Island Transp., Inc. (23-424 - Published)
justiciable controversy, declaratory relief, Utilities Commission jurisdiction, effect on rates or service, parent and subsidiary | |
| Unpublished Opinions 15 October 2024 - Rule 30e - Zip File of Unpublished Opinions Mandate: 4 November 2024 | |
| Adams v. Adams (23-1049 - Unpublished)
alimony; substitute judge; Rule 63 | |
| Adams v. Harrison (24-279 - Unpublished)
Lease Agreement, Non-Joinder of Co-Tenants, Res Judicata | |
| Guzman v. Triple P Roofing (24-42 - Unpublished)
insurance subcontractor, worker's compensation, notice of appeal, Rule 60 motion | |
| Huffstickler v. Duke Energy Carolinas, LLC (23-856 - Unpublished)
Negligence; electricity-related professions; professional negligence; expert testimony of standard of care; insufficient evidence to prove arguments; N.C. R. App. P. 28(b) requirement to brief arguments; appeal divests trial court of jurisdiction to rule on post-judgment motions | |
| In re: C.B. (24-498 - Unpublished)
Neglected and dependent juvenile; No Merit Brief; N.C. R. App. P. 3.1(e). | |
| In re: Clark (24-117 - Unpublished)
BAR reinstatement, Disciplinary Hearing Commission, sexual misconduct | |
| In re: G.I.S. (24-133 - Unpublished)
termination of parental rights; challenged findings; no harassment provision in custody order; ultimate findings; willful intent | |
| In re: H.K.S. (24-70 - Unpublished)
TPR, termination of parental rights, adjudication of neglect, findings of fact, future neglect, incarceration. | |
| In re: K.G. (24-3 - Unpublished)
termination of parental rights; sufficiency of findings of fact; judicial notice of conclusions of proceeding; adjudication of neglect | |
| In re: T.J.A. & E.M.A. (23-1033 - Unpublished)
TPR, termination of parental rights, neglect, findings of fact, children's best interest, grounds for termination | |
| In re: T.O.C. (24-218 - Unpublished)
Delinquent juvenile; simple assault; insufficient evidence of self-defense; remand for N.C. Gen. Stat. 7B-2501(c) required findings of fact; insufficient findings of fact to alter custody in disposition | |
| In re: Y.D.W., C.V.W., Jr. & J.S.W. (24-293 - Unpublished)
Termination of parental rights | |
| Sheppard v. Sheppard (24-228 - Unpublished)
Competent evidence; conclusive; contrary; unchallenged findings; constitutional argument; unpreserved; waived; abandoned; personal representative; estate; clerk; superior court; best interest | |
| State v. Berry (24-174 - Unpublished)
ineffective assistance of counsel; IAC; prejudice; Strickland v. Washington; reasonable probability; cold record; merits | |
| State v. Burnette (24-80 - Unpublished)
clerical error, concedes, sentencing | |
| State v. Carmichael (23-886 - Unpublished)
Rule 404(b); Rule 403; evidence of uncharged acts; corroborative testimony; plain error review; ineffective assistance of counsel; mandatory minimum sentencing | |
| State v. Estrada (24-54 - Unpublished)
Harbison Error; Ineffective Assistance of Counsel; No Error; Second-Degree Rape; No Prejudice | |
| State v. Forney (24-617 - Unpublished)
Anders brief; Wholly frivolous; Trafficking in Heroin; Post-conviction DNA testing. | |
| State v. Gordon (23-990 - Unpublished)
constructive possession, marijuana identification, Fifth Amendment | |
| State v. Grant (23-964 - Unpublished)
Defendant’s Waiver of Counsel; N.C. Gen. Stat. § 15A-1242 (2023); Maximum theoretical sentence; | |
| State v. Guess (24-264 - Unpublished)
Criminal Contempt; Civil Party; Settlement; Indirect Contempt; Direct Contempt; Improper Communication with Juror | |
| State v. Keeter (24-160 - Unpublished)
Possession of a firearm by a felon, motion to dismiss, jury instructions, improper closing arguments | |
| State v. Martin (24-44 - Unpublished)
Statutory rape; impermissible vouching; IAC | |
| State v. Merritt (23-510 - Unpublished)
preservation, first-degree murder, rule of evidence 403, probative value, prejudicial effect | |
| State v. Santiago Cortez (23-1063 - Unpublished)
ex mero motu; racial prejudice; mistrial; character evidence; statutory discovery; original jurisdiction | |
| State v. Southers (24-41 - Unpublished)
Second-degree murder; Possession of Firearm by a Felon; Breaking and Entering; Dangerous Instrument; Accident; Lay Witness Opinion; | |
| State v. Stephany (23-863 - Unpublished)
Anders; Kinch; DWI; Prior Record Level; Sentencing; Motion to Suppress; Wholly Frivolous; Dismissed. | |
| State v. Tate (23-1093 - Unpublished)
Motion to suppress; denied; search and seizure; findings of fact; conclusions of law; competent evidence; fire-arm possession; automatic weapon | |
| State v. Wilson (23-485 - Unpublished)
probation violation, revocation, constructive possession, clerical errors | |
| State v. Younger (23-1155 - Unpublished)
Statutory rape; indecent liberties; SBM | |
| Westling v. Gravitt (24-205 - Unpublished)
Domestic violence protective order; Insufficient findings of fact; Sufficiency of evidence; Fear of continued harassment; Substantial emotional distress; Insufficient findings to support conclusion of domestic violence; Remand for additional findings. | |
| White v. White (24-109 - Unpublished)
equitable distribution, unequal distribution, sanctions, attorney fees, NCGS 50-20(c). |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 35 PETITIONS AND 244 MOTIONS.
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Filed: 1 October 2024 Mandate: 21 October 2024 Zip File of Published Opinions Case Title / Description | |
| Crenshaw v. Crenshaw (23-799 - Published)
protective order, child support modification, gross income, reasonable needs of the child, attorney fees | |
| Devonwood-Loch Lomond Lake Ass'n, Inc. v. City of Fayetteville (23-768 - Published)
statute of limitations, motion to dismiss, trespass and nuisance. | |
| In re: M.B.S. (24-237 - Published)
termination of parental rights; factual allegations; preservation; ineffective assistance of counsel | |
| K.H. v. Dixon (23-878 - Published)
Tort claims; violation of student's constitutional right to sound basic education | |
| Kaylor v. Kaylor (23-1138 - Published)
equitable distribution; unequal distribution; classification of property | |
| Moorhead v. Moorhead (23-679 - Published)
domestic violence protective order, harassment, surrender of firearms, threats to commit suicide | |
| State v. Jackson (23-637 - Published)
Trespass; Fourth Amendment; Terry Stop; Reasonable Suspicion; Search; Seizure, Consent; No Error. | |
| State v. Jenkins (23-1107 - Published)
Indecent liberties; Justice Reinvestment Act; N.C. Gen. Stat. § 15A-1340.17 | |
| State v. Reber (22-130-2 - Published)
(View Supreme Court Opinion) Ineffective assistance of counsel; Motion to suppress; Search warrant; Probable cause; No structural constitutional error; Jury selection; Jury selection process; No structural error; Use of peremptory strikes; Failure to challenge for cause; Failure to preserve issue on appeal; Appellate Rule 2. | |
| State v. Schiene (23-682 - Published)
Denial of Motion to Suppress; Probable Cause; Smell of unburnt Marijuana; Legalization of Industrial Hemp; Totality of the Circumstances; | |
| State v. Villarreal (23-186 - Published)
Accessory after the fact; motion to dismiss; restitution. | |
| State v. Washington (23-1095 - Published)
Domestic violence | |
| Taylor v. Southland Indus., Inc. (24-247 - Published)
Workers Compensation; N.C. Gen. Stat. § 97-2(5) (2023); Less than 52 weeks employment; Average weekly wage; Methods of computation; Unchallenged Findings; | |
| Unpublished Opinions 1 October 2024 - Rule 30e - Zip File of Unpublished Opinions Mandate: 21 October 2024 | |
| Hadley v. Rollingwood Homeowners Ass'n (24-193 - Unpublished)
N.C. Gen. Stat. Section 6-21.5; attorney's fees; reasonable; justiciable issue; final judgment; collateral | |
| In re: I.W. (24-83 - Unpublished)
termination of parental rights, neglect | |
| In re: J.B., R.B., G.B., R.B., R.B., R.B. (23-1053 - Unpublished)
Rule 3.1(e); no-merit; independent review; potential merit; arguably support appeal; Rule 28; Rule 28(b)(6); meaningful appellate review; In re L.E.M., 372 N.C. 396, 831 S.E.2d 341 (2019) | |
| In re: K.H. (24-315 - Unpublished)
Termination of parental rights, Willful failure to make reasonable progress, Probability of future neglect, Continued DSS custody, Permanency planning, Child's best interest. | |
| In re: K.J.M. (24-213 - Unpublished)
TPR, termination of parental rights, neglect, abandonment, failure to pay costs of care, best interests of the child, incarceration, adoption, GAL, guardian ad litem. | |
| In re: L.R.M. (24-154 - Unpublished)
termination of parental rights, burden of proof, willful abandonment, failure to pay | |
| Mastanduno v. Nat'l Freight Indus. (23-981 - Unpublished)
worker’s compensation, burden of proof, industrial commission review. | |
| Patterson v. Patterson (23-1145 - Unpublished)
Child custody, motion to modify child custody, lack of nexus between the substantial change and welfare of the minor child. | |
| Salyer v. Salyer (24-37 - Unpublished)
Alimony, N.C. Gen. Stat. § 50–16.3A (2023), attorney's fees, equitable distribution, N.C. Gen. Stat. § 50-20 (2023), failure to make sufficient findings of fact. | |
| State v. Collins (24-57 - Unpublished)
clerical error, habitual felon, sentencing | |
| State v. Edwards (21-778 - Unpublished)
summary denial, habeas corpus | |
| State v. Gray (23-1131 - Unpublished)
affirmative defense of necessity, plain error, contradictory testimony. | |
| State v. Hines (22-824-2 - Unpublished)
SMB; Bring Back Hearing; Post release Supervision; New crimes; Sexual offender; | |
| State v. Jacobs (23-1152 - Unpublished)
Anders v. California; State v. Kinch; merit; independent review; record; prejudicial error; wholly frivolous | |
| State v. O'Neil (24-105 - Unpublished)
Guilty plea; Anders brief; Anders review; Wholly frivolous; Petition for writ of certiorari; No prejudicial error; Rule 4; Untimely notice of appeal; Timeliness; Fourteen-day period; No issues of arguable merit. | |
| State v. Powell (23-1009 - Unpublished)
motion to dismiss; sufficiency of evidence; substantial evidence; reasonable mind; circumstantial; jury; light most favorable to the State; actual possession; constructive possession; totality of the circumstances; Chekanow factors; request; new counsel; Constitution; Sixth Amendment; Fourteenth Amendment; satisfy; competent assistance; conflict | |
| State v. Rice (24-101 - Unpublished)
first-degree murder, Confrontation Clause, Business Records Exception | |
| State v. Roberts (24-142 - Unpublished)
victim impact testimony, right to confrontation, pertinent trait. | |
| State v. Smith (24-203 - Unpublished)
N.C. R. App. P. Rule 4; Petition for Writ Certiorari; Corroborative Evidence; Limiting instruction; No merit or error committed below; | |
| State v. Vass (24-409 - Unpublished)
PWC; petition for writ of certiorari; clerical error; inadvertent; minor discrepancies | |
| State v. Warner (23-477 - Unpublished)
Felonious restraint, false imprisonment, lesser-included offense, sentencing, mitigating factors, presumptive range. |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 35 PETITIONS AND 244 MOTIONS.
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Filed: 17 September 2024 Mandate: 7 October 2024 Zip File of Published Opinions Case Title / Description | |
| Duke Univ. Health Sys., Inc. v. N.C. Dep't of Health & Hum. Servs. (23-1070 - Published)
certificate of need, public hearing, waiver and estoppel. | |
| In re: B.A.J. (24-254 - Published)
termination of parental rights; judicial notice of prior orders; neglect; | |
| In re: K.B.C., A.G.S.C., J.N.C. (24-296 - Published)
Termination of parental rights; incarceration; dependency | |
| Kinlaw v. N.C. Dept. of Health & Hum. Servs. (23-1101 - Published)
Procedural due process, liberty interest, adequate notice, thirty-day notice, Krishnan v. N.C. Dep’t of Health & Hum. Servs., statute of limitations, doctrine of equitable estoppel, subject matter jurisdiction, tolling of a statute of limitations. | |
| Millsaps v. Hager (23-1028 - Published)
Joint and several liability; motion to enforce settlement agreement; issue preservation; | |
| State of N.C. v. Envtl. Working Grp. (23-760 - Published)
net energy metering, customer-sited generation, revised rates, investigation of costs and benefits | |
| State v. Evans (23-1160 - Published)
larceny by an employee; motion to dismiss; prior record level; breach of plea agreement | |
| State v. Goldberg (23-1015 - Published)
Petition for removal from sex offender registry, residency, jurisdiction | |
| State v. McCord (23-915 - Published)
Life without parole, Miller v Alabama, N.C.G.S. 15A-1340, 19A et.seq., Witness credibility determination by judge based on trial transcript, mitigating factors | |
| State v. Nova (23-883 - Published)
Indecent liberties with a child; Rule 404(b) evidence; evidence of a prior crime; Rule 403 balancing test | |
| State v. Wilkins (23-839 - Published)
Obtaining property by false pretenses; obstruction of justice; indictment | |
| Unpublished Opinions 17 September 2024 - Rule 30e - Zip File of Unpublished Opinions Mandate: 7 October 2024 | |
| Biggs v. Erie Ins. Exch. (23-1167 - Unpublished)
Interlocutory order; Failure to show grounds for appellate review; Appellate jurisdiction; Substantial right; Collateral estoppel, Res judicata. | |
| Campbell v. Warren (23-1011 - Unpublished)
Subject Matter Jurisdiction; Child Custody; Third-Party Intervenor; Juvenile Petition; Termination of Jurisdiction; Reversed | |
| Hands v. Hands (24-19 - Unpublished)
Child support; contempt; motion to change venue; motion to reopen judgment | |
| In re: B-L.K. (24-188 - Unpublished)
termination of parental rights, 3.1, willful abandonment, N.C.G.S. § 7B-1111 | |
| In re: P.Z.R., P.W.R. (24-402 - Unpublished)
termination of parental rights, no-merit brief, N.C.Rule of Appellate Procedure 3.1(e) | |
| In re: R.A.S., A.N.S., H.N.S. (24-150 - Unpublished)
Termination of parental rights; appropriate standard of review announced; affirming adjudication of neglect under N.C. Gen. Stat. 7B-1111(a)(1) | |
| Kotsias v. Fla. Health Care Props. (23-1029 - Unpublished)
Workers compensation; sanctions; appellate rules | |
| Smith v. Smith (24-245 - Unpublished)
interlocutory order; order not certified for immediate review; | |
| State v. Abernathy (24-232 - Unpublished)
Failure to intervene ex mero motu; Ex mero motu; Prosecutors closing argument; Not grossly improper; Failure to object. | |
| State v. Bailey (24-485 - Unpublished)
Guilty plea; Anders brief; Anders review; Wholly frivolous; Alford plea; Sentencing; Prior record level; No prejudicial error; No error. | |
| State v. Bradshaw (23-797 - Unpublished)
Anders brief; Anders v. California; State v. Kinch | |
| State v. Davis (23-1088 - Unpublished)
notice and opportunity to be heard, criminal contempt, N.C.G.S. § 5A-12 | |
| State v. Dumas (24-76 - Unpublished)
second degree kidnapping, child abduction, defendant's pre-arrest silence, plain error | |
| State v. Ellison (24-53 - Unpublished)
civil judgment for court-appointed attorney fees; petition for writ of certiorari; right to be heard | |
| State v. Henderson (23-553 - Unpublished)
kidnapping, jury instructions, separate and independent act, plain error | |
| State v. Jones (23-991 - Unpublished)
lesser-included jury instructions, motions to dismiss, order of closing arguments, aggravating factors | |
| State v. Jones (24-49 - Unpublished)
post conviction DNA testing, N.C.G.S. 15A-269, material | |
| State v. Moody (24-61 - Unpublished)
Substantial evidence; circumstantial evidence; reasonable mind; reasonable juror; fingerprint; State v. Irick; State v. Scott; description; ineffective assistance of counsel; IAC; moot | |
| State v. Parker (24-432 - Unpublished)
Anders brief, no error | |
| State v. Patterson (23-730 - Unpublished)
Motion to withdraw; absolute impasse; motion for mistrial | |
| State v. Pena (23-537 - Unpublished)
involuntary intoxication, jury instruction, authentication, motion to dismiss | |
| State v. Rawson (23-610 - Unpublished)
exclusion of evidence, character evidence, motion to dismiss charges. | |
| State v. Rollinson (23-992 - Unpublished)
criminal; first-degree murder; motion to dismiss; intent; intoxication; sufficiency of evidence; jury issue. | |
| State v. Slade (23-1157 - Unpublished)
N.C.G.S.15A-1340.19A, et.seq., State v Kelliher, oral finding, de facto life sentence | |
| State v. Suggs (23-4 - Unpublished)
preservation, plain error, motion to dismiss, acting in concert | |
| State v. Taft (24-430 - Unpublished)
Assault and battery; error by trial court in probationary term | |
| State v. Warren (24-164 - Unpublished)
jury instruction; constructive possession; NC Pattern Jury Instructions | |
| Stephens v. Lunnermon (24-243 - Unpublished)
arbitration, breach of contract, abuse of discretion | |
| Tadlock v. Moretz (23-561 - Unpublished)
restrictive covenants, equitable servitude, standing, general plan of development | |
| Teasley v. Harris Teeter, LLC (24-537 - Unpublished)
motion to dismiss, interlocutory appeal, substantial right | |
| Wells Fargo Bank, NA v. George (23-1002 - Unpublished)
Motion to Dismiss; 12(b)(1); 12(b)(2); Personal Jurisdiction; Subject Matter Jurisdiction; Affirmed |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 35 PETITIONS AND 244 MOTIONS.
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Filed: 3 September 2024 Mandate: 23 September 2024 Zip File of Published Opinions Case Title / Description | |
| Durham Cnty. Dep't of Soc. Servs. v. Wallace (23-96 - Published)
No-contact order; Workplace Violence Prevention Act; harassment; knowing conduct; specific person; directed at; legitimate purpose; free speech; content-neutral restriction; time place manner regulation | |
| Harney v. Harney (23-364 - Published)
Uniform Child Custody and Enforcement Act, appellate rules, temporary child custody order, permanent child custody order | |
| In re: A.D.H. (23-168 - Published)
collateral estoppel, juvenile abuse, burdens of proof. | |
| In re: R.H. (23-1060 - Published)
neglected juvenile; future neglect; past neglect; probability of repetition of neglect; | |
| Kerslake v. Kerslake (23-995 - Published)
Equitable distribution; Abuse of Discretion; Unequal distribution; Marital property; Separate property; Allocation of marital debt; | |
| Reynolds v. Burks (24-75 - Published)
Interlocutory appeal, substantial right, venue | |
| State v. Galbreath (24-48 - Published)
Juror misconduct; trial court investigation; abuse of discretion; | |
| State v. Hahn (23-238 - Published)
Emergency order; emergency directives; COVID-19 order; criminal contempt; contemptuous act; willfulness of contempt | |
| State v. Little (23-410 - Published)
Fourth Amendment, warrantless search, plain smell, probable cause, motion to suppress, industrial hemp | |
| State v. Pierce (23-348 - Published)
Sex offenses; Waiver of Indictment; Waiver of Counsel; Stand by Counsel; Bill of Information; N.C. Gen. Stat. § 15A-642; Proceeding Pro Se; Plea agreement; Waiver of costs and fees; | |
| State v. Thomas (23-210 - Published)
second-degree murder, juror substitution, warrantless search, electronic monitoring, Fourth Amendment | |
| Tuminski v. Norlin (24-15 - Published)
Default Judgment of Divorce; Service of Process; Appointed agent; Rule 4; Failure to appear; Motion in the Cause; Collateral attack; No Rule 11 Motion; | |
| Unpublished Opinions 3 September 2024 - Rule 30e - Zip File of Unpublished Opinions Mandate: 23 September 2024 | |
| Bryan v. Firefly Mountain Props., LLC (24-28 - Unpublished)
interlocutory order, appellate jurisdiction | |
| In re: A.J., L.J., A.V. (24-141 - Unpublished)
Termination of Parental Rights; No Merit Brief; | |
| In re: G.R.R. (24-131 - Unpublished)
Termination of Parental Rights; No Merit Brief; | |
| In re: J.A. (24-161 - Unpublished)
Termination of Parental Rights; No Merit Brief; | |
| Redevelopment Comm'n of Greensboro v. Meridian Conventions, LLC (23-941 - Unpublished)
Real property; quiet title | |
| State v. Brooks (23-1072 - Unpublished)
First-degree murder, robbery with a dangerous weapon, conspiracy to commit RDW; Sua Sponte Mistrial; Plain Error Review; Ineffective Assistance of Counsel; No prejudice shown; | |
| State v. Bynum (23-1102 - Unpublished)
in-court identification, inherently incredible testimony | |
| State v. Davis (23-953 - Unpublished)
Canine sniff, probable cause to search vehicle | |
| State v. Diaz (24-104 - Unpublished)
Sixth Amendment, right to confrontation, Non-testimonial statement | |
| State v. Givens (23-500 - Unpublished)
satellite-based monitoring, petition for writ of certiorari, recidivism. | |
| State v. Higgs (24-45 - Unpublished)
Civil Judgment for Attorney's fees; Notice of Opportunity to be heard; | |
| State v. Karamikian (23-895 - Unpublished)
petition for writ of certiorari; unpreserved constitutional error; ineffective assistance of counsel; motion for appropriate relief; notice of appeal | |
| State v. Maddox (24-148 - Unpublished)
Satellite-based monitoring order; Sufficiency of the findings; Additional findings; No contact order; Average risk; Level of supervision; Risk assessment; Competent record evidence; N.C.G.S. 14-208.40A; Guilty plea. | |
| State v. McCollum (23-1144 - Unpublished)
Assault with a deadly weapon inflicting serious injury | |
| State v. Parry (24-229 - Unpublished)
revocation of probation, good cause shown | |
| State v. Robinson (24-290 - Unpublished)
Untimely notice of appeal; Writ of certiorari; | |
| State v. Saldana (24-9 - Unpublished)
Certiorari; motion to suppress; findings of fact; odor of marijuana; probable cause | |
| State v. Satterfield (23-857 - Unpublished)
Capacity to stand trial; capacity to contribute to defense; preservation of issues | |
| State v. Smith (24-231 - Unpublished)
guilty plea, Anders review | |
| State v. Summers (24-317 - Unpublished)
Statutory sex offense; Sufficiency of the evidence; | |
| State v. Thomas (23-558 - Unpublished)
Discharging a weapon into occupied property causing serious injury; indictment; motion to dismiss | |
| State v. Valentine (23-520 - Unpublished)
Warrantless search; drug possession; possession of firearm by felon | |
| State v. Womble (24-118 - Unpublished)
post conviction DNA testing, Anders-type review |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 35 PETITIONS AND 244 MOTIONS.
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Filed: 20 August 2024 Mandate: 9 September 2024 Zip File of Published Opinions Case Title / Description | |
| Ajayi v. Seaman (23-1084 - Published)
Sanctions of Dismissal and Attorney's Fees; record evidence trial court considered lesser sanctions; insufficient evidence to support amount of fees; trial judge's ability to interrupt, question, and comment on proceedings | |
| Askew v. City of Kinston (22-407-2 - Published)
(View Supreme Court Opinion) Corum claims; summary judgment; substantive due process; equal protection | |
| Federowicz v. N.C. Bd. of Chiropractic Exam'rs (23-955 - Published)
Administrative Procedure Act; agency jurisdiction; scope of agency discipline; costs | |
| Hill v. Ewing (23-982 - Published)
Rule 12(b)(6), champerty, maintenance, slander of title, special damages | |
| In re: D.R.J. (23-671 - Published)
Juvenile Petition; Sexual Battery; Forcible Rape; Incest; Motion to Dismiss; Ineffective Assistance of Counsel; Specific Instances of Conduct; Offer of Proof | |
| In re: K.C. (24-112 - Published)
Neglect; Substantial Risk of Future Neglect; Clear and Convincing Evidence; Substance Abuse; Health Assessments; Necessary Medical Care; Affirmed. | |
| Long v. Fowler (23-629 - Published)
Negligence; Contributory Negligence; Summary Judgment; Proximate Cause; Foreseeability; 12(b)(6) | |
| State v. Hague (23-734 - Published)
First-degree murder; Motion to dismiss; Substantial evidence; Premeditation and deliberation; Insufficient evidence; Totality of the circumstances; Jury instructions; Stand your ground; Self-defense; Proportionality; 404(b) evidence; Admissibility. | |
| State v. Om Shree Hemakash Corp. (23-1171 - Published)
Rule 37 sanctions; striking of answer; default judgment | |
| State v. Plotz (23-749 - Published)
Stalking; Jury Instructions; Invited Error; Variance | |
| State v. Simpson (23-618 - Published)
Forgery of Endorsement; Uttering a Forged Endorsement; Motion to Dismiss; Indictment; Eyewitness Identification Reform Act; Due Process; Rule 2; Ineffective Assistance of Counsel; Clerical Error | |
| Unpublished Opinions 20 August 2024 - Rule 30e - Zip File of Unpublished Opinions Mandate: 9 September 2024 | |
| 2120 Arlington Place Tr. v. Jones (24-39 - Unpublished)
Eviction of holdover tenant; validity of transfer of deed to a trust alone; Defendants' pleadings stricken as sanction; unpreserved arguments | |
| Bailey v. S. Lithoplate, Inc. (24-55 - Unpublished)
Workers' Compensation; disability; diminished wage-earning capacity; findings of fact | |
| Chavez v. Logan (23-528 - Unpublished)
Negligence; directed verdict; proximate cause. | |
| Dykers v. Town of Carrboro (23-638 - Unpublished)
Board of adjustment; land use ordinance; use variance; N.C. Gen. Stat. § 160D-705(d) | |
| Reiss v. Reiss (23-950 - Unpublished)
Involuntary dismissal; Rule 41(b); waiver | |
| State v. Bell (23-967 - Unpublished)
Jury Instructions; Preservation; Plain Error Review; Opium Trafficking; Lesser Included Charges; No Error | |
| State v. Davis (22-938 - Unpublished)
limiting instruction, no plain error, sex offender registration | |
| State v. Holder (23-395 - Unpublished)
Sufficient foundation for expert witness; fingerprint identification; Rule 702(a) | |
| State v. Jordan (24-1 - Unpublished)
jury selection, Rule 401, Rule 403, Rule 702, "Round trip time" cell phone location data | |
| State v. Knight (23-67 - Unpublished)
Authentication, preservation, motion to dismiss, jury instructions | |
| State v. Legette (23-1153 - Unpublished)
Motion to Suppress; vehicle search; custodial interrogation | |
| State v. McLaughlin (23-929 - Unpublished)
motion to dismiss; de novo; armed robbery; dangerous weapon; capable of endangering or threatening a life; permissive inference; substantial evidence; jury instructions; no error. | |
| State v. Sisk (23-803 - Unpublished)
misdemeanor communicating threats conviction, motion for continuance, Constitutional right to prepare a defense |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 35 PETITIONS AND 244 MOTIONS.
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Filed: 6 August 2024 Mandate: 26 August 2024 Zip File of Published Opinions Case Title / Description | |
| Anhui Omi Vinyl Co., Ltd. v. USA Opel Flooring, Inc. (23-993 - Published)
Uniform Voidable Transactions Act; badges of fraud; good-faith exception | |
| Chappell v. Webb (24-23 - Published)
drunk driving, wrongful death lawsuit, judgment notwithstanding the verdict (JNOV), motion for new trial, negligent entrustment, compensatory damages, punitive damages | |
| Duke Univ. Health Sys. Inc. v. N.C. Dep't of Health & Hum. Servs. (23-351 - Published)
certificate of need, CON criteria, competitive review. | |
| Flomeh-Mawutor v. City of Winston-Salem (23-809 - Published)
governmental immunity; negligence; breach of contract; no waiver of immunity | |
| Henderson Cnty. Hosp. Corp. v. N.C. Dep't of Health & Hum. Servs. (23-1037 - Published)
certificate of need, public hearing, substantial prejudice. | |
| In re: A.K., L.K. (23-898 - Published)
adjudication and disposition, neglect, guardian ad litem, substitution of counsel | |
| In re: J.B.P. (23-269) - [Withdrawn by order of the Court] Fourth Amendment; Search; Probable Cause; Marijuana; Hemp; Motion to Suppress; Reversed. | |
| Madison v. Gonzalez-Madison (23-1032 - Published)
custody order, best interest determination, self-executing modification provision, future change in circumstances, abuse of discretion | |
| MR Entm't v. The City of Asheville (23-1109 - Published)
Sign Ordinance Violation; Notice; Right to Cure; Abatement; Mootness; | |
| Shannon v. Rouse Builders, Inc. (23-318 - Published)
Summary Judgment; Interlocutory Order; Substantial Right; Unfair or Deceptive Trade Practices; Affirmed. | |
| State of N.C. v. Anson Cnty. (23-1069 - Published)
quo warranto; board of county commissioners; judgment on the pleadings; open meetings law; quorum; remote participation; emergency meeting | |
| State v. Anderson (23-821 - Published)
Hearsay; Hearsay Exceptions; Medical Diagnosis; Corroboration; Closing Argument; Rule 404(b); No Prejudicial Error. | |
| State v. Barton (23-1148 - Published)
Plea Arrangements; Satellite Based Monitoring; Post-Release Supervision; Probation; Statutory Interpretation; Reversed; Vacated; Remanded. | |
| State v. Corrothers (23-865 - Published)
First-Degree Murder; Plain Error; Ineffective Assistance of Counsel; Motion to Dismiss; Motion to Set Aside Jury Verdict; Dismissed in Part; No Error | |
| State v. Dawson (23-801 - Published)
life without parole (LWOP) sentence, resident superior court judge review, right to appeal, insufficient findings, abuse of discretion, recommendation to parole commission, N.C.Gen Stat.15A-1380.5 | |
| State v. Freeman (24-120 - Published)
Felony child abuse; Evidence of serious injury; Request for lesser-included offense; Jury instructions; Unpreserved issues; Plain error review; Motion to dismiss; Sufficiency of the evidence; Lawful corporal punishment; Lack of in loco parentis status. | |
| State v. Hollis (23-838 - Published)
Authentication, affidavit, embezzlement, business records | |
| State v. Jones (23-1062 - Published)
relevance, constructive possession, cross examination, prior conviction | |
| State v. Lopez (23-726 - Published)
Rule 404(b); Rule 403; Prior Sexual Acts; Statutory Rape; Sex Offense with a Child; Rape of a Child; Indecent Liberties with a Child; Motion to Dismiss; Alleged Offense Dates; No Error | |
| State v. Maye (24-77 - Published)
Bond Forfeiture; Motion to Set Aside; Failure to Appear; Reversed. | |
| State v. McLean (23-1100 - Published)
Oral notice of appeal; Notice of appeal at time of trial; Timely notice of appeal; Petition for writ of certiorari; Same session of court; Judgment in fieri; Sine die; Sufficient to confer jurisdiction; Assault inflicting physical injury; State employee; Request for lesser-included offense; Jury instructions; Sufficiency of evidence. | |
| State v. Siler (23-474 - Published)
probable cause, probationer, reasonable suspicion, warrentless search | |
| State v. Thomas (23-774 - Published)
breaking or entering a motor vehicle; larceny; motion to dismiss; lack of consent of the owner; lay opinion testimony; plain error review; sentencing upon remand; prior record level | |
| Unpublished Opinions 6 August 2024 - Rule 30e - Zip File of Unpublished Opinions Mandate: 26 August 2024 | |
| Adventure Trail of Cherokee, Inc. v. Owens (23-1043 - Unpublished)
lease; survivor of the lease; breach of contract; scrivener's error; parol evidence | |
| Bilbro v. ECU Health (23-1172 - Unpublished)
Defamation, libel, civil tort | |
| City of Asheville v. MR Entm't, LLC (23-1110 - Unpublished)
Sign Ordinance Violation; Notice; Right to Cure; Abatement; Mootness; Judgement on the Pleadings; | |
| In re: K.C. (23-1136 - Unpublished)
N.C.R. App. P. 3.1(e); N.C.G.S. § 7B-1111(a)(1), (a)(2); N.C.G.S. § 7B-1110(a) | |
| J.Z. v. CCR Mooresville Wellness, LLC (23-789 - Unpublished)
Rule 60(b), voluntary dismissal with prejudice, abuse of discretion | |
| McDougald v. White Oak Plantation Homeowners Ass'n, Inc. (23-756 - Unpublished)
restrictive covenants; North Carolina Planned Community Act | |
| Pub. Serv. Co. of N. Carolina, Inc. v. SEN-Asheville I, LLC (23-1116 - Unpublished)
Easement; Declaratory Judgment; Summary Judgment; Jurisdiction; Motion to Dismiss; Dismissed. | |
| State v. Fogelman (23-1124 - Unpublished)
Indecent liberties | |
| State v. Gatling (23-746 - Unpublished)
superseding indictments, clerical error | |
| State v. Lemley (23-1135 - Unpublished)
Pro Se; Reversed; Failure to Advise of Minimum Fine; New Trial | |
| State v. Price (23-361 - Unpublished)
first-degree murder, felony murder, robbery with a dangerous weapon, motion to dismiss, closing arguments, jury instructions | |
| State v. Rape (23-1023 - Unpublished)
Constructive possession; non-exclusive control; sufficient other incriminating circumstances | |
| State v. Rey (23-847 - Unpublished)
Probation revocation; willfully absconding. | |
| State v. Sackman (23-872 - Unpublished)
Anders brief; wholly frivolous; guilty plea; sentencing; N.C. Gen. Stat. § 15A-1444(a2); substantial assistance; N.C. Gen. Stat. § 90-95(h)(5); dismissed. | |
| State v. St. Onge (23-1047 - Unpublished)
Motions to dismiss; Castle Doctrine; N.C. Gen. Stat. § 14-51.2; Excessive force; Defense of habitation; Immunity from prosecution; Jury instructions; Plain error; N.C. R. App. P. 10(a)(4); Flight instruction | |
| State v. Stidham (23-823 - Unpublished)
constructive possession, jury instructions |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 35 PETITIONS AND 244 MOTIONS.
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Filed: 16 July 2024 Mandate: 5 August 2024 Zip File of Published Opinions Case Title / Description | |
| Atlantech Distribution, Inc. v. Land Coast Insulation, Inc. (23-751 - Published)
summary judgment; partial lien waiver; subrogation lien | |
| Bradley Home, Caring for Wake Cmty. & the Carolinas, Inc. v. N.C. Dep't of Health & Hum. Servs. (24-107 - Published)
Rule 6(e); N.C. Gen. Stat. 150B-23(f); Mailbox Rule; explicit language regarding responsive filing deadlines; administrative contested case; Administrative Procedure Act | |
| Epcon Homestead, LLC v. Town of Chapel Hill (23-1048 - Published)
Real Property; Zoning; Statutes of Limitations; Continuing Wrong Doctrine; Motion to Dismiss; Rule 12(b)(6); Affirmed. | |
| In re: Ashley Furniture Indus., Inc. (23-969 - Published)
Property Tax Commission, final decision, appraisal report, valuation methods, income approach, capitalization rate, sales comparison approach, cost approach, depreciation, obsolescence | |
| In re: Hayes (22-1058 - Published)
decedent's estate, elective share, waiver of elective share, summary judgment | |
| Mata v. N.C. Dep't of Transp. (23-1140 - Published)
NCDOT Map Act; Inverse condemnation; Temporary Taking; Diminution in value; Tax benefits provided; | |
| Patel v. Patel (23-924 - Published)
Transfer of judgment owed to a debtor is a legal satisfaction and extinguishment of the judgment; renewal of enforceability of judgment; judgment on the pleadings | |
| State v. Smith (23-997 - Published)
felony stalking; harassment; substantial emotional distress; | |
| Wright v. Wood (24-7 - Published)
venue; North Carolina Rule of Civil Procedure 12(b)(3); Motion for Change of Venue | |
| Unpublished Opinions 16 July 2024 - Rule 30e - Zip File of Unpublished Opinions Mandate: 5 August 2024 | |
| Clayton v. Wirth (23-1117 - Unpublished)
declaratory judgment counterclaim; statute of limitations; capital contributions; no fiduciary relationship; fiduciary duty; constructive fraud | |
| Colgate v. Global Growth Partners, Inc. (23-527 - Unpublished)
breach of contract; tortious interference with contract; North Carolina Rule of Civil Procedure 60(b)(1). | |
| DeBerry v. N.C. Dep't of Pub. Safety (24-115 - Unpublished)
Industrial Commission; Full Commission; N.C. Gen. Stat. § 143-291; Tort Claims Act; Negligence claim; Element of damages; Nature of damages; Rule 12(b)(6); Failure to state a claim; Sentence Begin Date; nunc pro tunc. | |
| In re: A.D. (24-13 - Unpublished)
Termination of parental rights; Motion to continue; Motion to withdrawal; Waiver; Abuse of discretion; | |
| In re: J.N.B., T.T.B., B.L.S., I.F.B.S. (23-690 - Unpublished)
termination of parental rights; ultimate findings of fact; abuse and neglect | |
| in re: K. R. H., Jr. (23-791 - Unpublished)
TPR; abuse neglect dependency; termination of parental rights | |
| In re: L.D. & A.W. (24-21 - Unpublished)
Abuse and neglect of minors | |
| In re: N.V. (23-1081 - Unpublished)
Termination of Parental Rights; Indian Child Welfare Act; De Novo; Affirmed. | |
| N.C. Farm Bureau Mut. Ins. Co., Inc. v. Mebane (22-708-2 - Unpublished)
Automotive Insurance; Underinsured Motorist Coverage; Stacking; Multiple Claimant Exception; Summary Judgment; Reversed. | |
| State v. Barnes (23-998 - Unpublished)
Discharging weapon into occupied vehicle; Multiple shots; Rule 403 analysis; Admissibility of evidence; Self-defense; Jury instructions; Lesser-included offense; Aggressor doctrine; Castle Doctrine instruction; Plain error review. | |
| State v. Bell (24-110 - Unpublished)
Intimidating a witness; sufficiency of the evidence; intent; circumstantial evidence | |
| State v. Clark (23-798 - Unpublished)
Alford plea, Motion for Appropriate Relief, Manifest injustice | |
| State v. Colquitt (23-921 - Unpublished)
traffic stop, vehicle search, probable cause, K-9, dog sniff | |
| State v. Metcalf (23-1119 - Unpublished)
Injury to personal property, Hit and Run, No liability insurance, Motion to Dismiss | |
| State v. White (24-25 - Unpublished)
motion to dismiss; assault on a law enforcement officer with a deadly weapon | |
| State v. Winters (23-970 - Unpublished)
aggravated sentence, probation revocation, clerical error | |
| Wonder Day P'ship v. N.C. Dep't of Transp. (23-1141 - Unpublished)
NCDOT Map Act; Inverse condemnation; Temporary Taking; Diminution in value; Tax benefits provided; |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 35 PETITIONS AND 244 MOTIONS.
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Filed: 2 July 2024 Mandate: 22 July 2024 Zip File of Published Opinions Case Title / Description | |
| Baer v. Baer (23-868 - Published)
DVPO- N.C Gen Stat. § 50B-1; Separation Agreement; Mediation; Validity of Agreement; Ratification; Duress; Summary Judgment; Issues of Fact; | |
| Jessey Sports, LLC v. Intercollegiate Men's Lacrosse Coaches Ass'n, Inc. (23-938 - Published)
Motion to compel; Motion for sanctions; Abuse of discretion; Subject matter jurisdiction; Stay of trial proceedings pending appeal; N.C. Gen. Stat. § 1-294; N.C. R. Civ. P. 26; N.C. R. Civ. P. 33; N.C. R. Civ. P. 34; N.C. R. Civ. P. 37; Certificate to confer; Requirement to confer; Failure to comply with discovery order. | |
| L.I.C. Assocs. I v. Brown (22-1012 - Published)
mootness, summary ejectment, summary judgment, lease agreement, termination notice, Violence Against Women AcT | |
| State v. Andrews (23-675 - Published)
Attempted robbery w/a firearm; attempted discharge of firearm into occupied vehicle; first-degree kidnapping | |
| State v. Barker (23-1090 - Published)
involuntary manslaughter, misdemeanor death by vehicle, N.C. Gen. Stat. 20-145, culpable negligence, gross negligence, affirmative defense, Estate of Graham v. Lambert | |
| State v. Duran-Rivas (23-743 - Published)
Statutory rape of a child; Statutory sexual offense with a child; Indecent liberties with a child; Sexual exploitation of a minor; Motion to Suppress; Voluntariness Factors; Cell Phone Seizure; Imminent Destruction of Evidence; Letter of Apology; | |
| State v. Horton (24-29 - Published)
Obtaining property by false pretenses; sufficiency of the indictment; sufficiency of the evidence; evidence more than breach of contract; circumstantial evidence of intent | |
| State v. Walston (24-58 - Published)
petition for writ of certiorari, plea agreement, indecent liberties with a child, recidivist, sex-offender registration, prior conviction, due process, constitutional argument, Rule 2 | |
| Unpublished Opinions 2 July 2024 - Rule 30e - Zip File of Unpublished Opinions Mandate: 22 July 2024 | |
| Darroux v. Novant Health, Inc. (23-947 - Unpublished)
Facility fee; Breach of contract; Notice; No error | |
| Fairley v. Matelski (23-1166 - Unpublished)
Custody action; Child custody; Legal custody; Physical custody; Challenged findings of fact; Child custody hearing; Sufficiency of the findings; Best interests standard; Best interest of child; Full legal custody to father; Substantial evidence. | |
| French-Brown v. Alpha Modus Ventures, LLC (23-290 - Unpublished)
Personal jurisdiction, minimum contacts, purposeful availment, due process. | |
| Hasz v. Brittain (23-548 - Unpublished)
parental alienation, findings of fact, substantial change in circumstances, custody, NC Gen Stat. 50-13.7 | |
| In re: Jackson (23-386 - Unpublished)
Estate contest; elective share; spouse's waiver of rights to brokerage account; transfer on death agreements; named beneficiaries. | |
| Nadendla v. WakeMed (23-940 - Unpublished)
N.C.G.S. 131E-95, motion to compel, motion to strike, in camera review, interlocutory discovery order | |
| Otto v. Cooper (23-968 - Unpublished)
restrictive covenants; contract interpretation; review of summary judgment after a jury verdict | |
| Pierson v. Sw. Airlines (23-526 - Unpublished)
Workers Compensation, North Carolina Industrial Commission, Parsons Presumption, Temporary Total Disability | |
| Saintsing v. Johnson (23-1150 - Unpublished)
Motion for summary judgment; Genuine issues of material fact; Licensed general contractor; Degree of control; Construction project; N.C. Gen. Stat. § 87-1(a); N.C. Gen. Stat. § 87-13. | |
| State v. Barrett (23-1065 - Unpublished)
Constructive possession; Motion to dismiss; Admission of evidence; N.C. Gen. Stat. § 15A-1226. | |
| State v. Bowlin (23-99 - Unpublished)
felony breaking or entering, felony larceny, conspiracy to break or enter with intent to commit a felony therein, habitual felon status, restitution, petition for writ of certiorari | |
| State v. Gizzi (23-733 - Unpublished)
First-degree arson; Larceny of a Motor Vehicle; Robbery with a Dangerous Weapon; Identity theft; Concealment of Human Death; Cruelty to Animals; Jury Instructions; Plain Error; Accident Defense Instruction; Ineffective Assistance of Counsel; Dismissed w/o Prejudice; | |
| State v. Hardy (23-421 - Unpublished)
Direct contempt of court; willfulness of contempt; court disruption; perjury on affidavit of indigency. | |
| State v. Jamison (23-1064 - Unpublished)
Appeal from civil judgment in criminal case re: court costs/attorney fees | |
| State v. Locklear (23-1044 - Unpublished)
Bond forfeiture; motion to set aside; failure to appear. | |
| State v. Mingo (23-1125 - Unpublished)
Conspiracy to commit robbery with a dangerous weapon; Jury's request to review exhibits; Jury instuctions; | |
| State v. Richmond (24-71 - Unpublished)
second-degree trespass; Anders brief; no error | |
| State v. Strauss (23-92 - Unpublished)
Motion to suppress; extension of traffic stop; pretrial statements; motion to dismiss; sufficiency of habitual felon indictments. | |
| State v. White (23-1025 - Unpublished)
conditional discharge; probation revocation; motion to suppress; warrantless search | |
| State v. Wolfington (23-737 - Unpublished)
Closing Arguments; Expert Vouching; No Error; Dismissed in Part; Reasonable Doubt; Abusive Statement. | |
| Wilson v. Butterball, LLC (23-1113 - Unpublished)
Assault, workers' comp, denial of Rule 12(b)(1) and 12(b)(6) motions |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 35 PETITIONS AND 244 MOTIONS.
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Filed: 18 June 2024 Mandate: 8 July 2024 Zip File of Published Opinions Case Title / Description | |
| Hale v. MacLeod (23-285 - Published)
Rule 12(b)(6) motion to dismiss; Fraud; Particularity requirement; N.C. R. Civ. P. (9); Unfair and deceptive trade practices; N.C. Gen. Stat. § 75-1.1; Breach of contract; Convertible Promissory Note; Securities fraud; N.C. Gen. Stat. § 78A-56; Securities exemptions; Private offering exemption. | |
| Halikierra Cmty. Servs., LLC v. N.C. Dep't of Health & Hum. Servs. (23-897 - Published)
administrative law judge; Medicaid; Administrative Procedure Act | |
| Lawrence v. Lawrence (23-892 - Published)
Temporary custody order; Operation of time; Acquiescence; Conversion into permanent custody order; Modification of custody. | |
| Myers v. Broome-Edwards (23-1027 - Published)
Violation of UDPA; self-help eviction | |
| Sapia v. Sapia (23-295 - Published)
equitable distribution, classification of property, marital property, separate property, distributive award | |
| State v. Bruer (23-604 - Published)
jury selection; motion for mistrial; N.C. Gen. Stat. 15A-1061; motion to dismiss; possession of firearm by a felon; constructive possession; shackling; N.C. Gen. Stat. 15A-1031; invited error; failure to preserve issue for appeal | |
| State v. Cable (23-192 - Published)
Improper storage; N.C. Gen. Stat. § 14-315.1; Involuntary manslaughter; N.C. Gen. Stat. § 14-18; Motion to dismiss; Insufficient evidence; In a condition that the firearm can be discharged; Discharged; Fire; Dry fire; Ambiguous; Rule of lenity; Statutory construction; Preservation; Rule 2; Rule 10; De novo; Underlying misdemeanor; Loaded; Unloaded; Safety mechanism; Reversed; Vacated | |
| State v. Carpio (23-987 - Published)
subject matter jurisdiction; criminal pleading; indictment; misdemeanor; citation; timely objection; preservation; derivative; variance; fatal variance; Rule 10(a)(1); plain error; prejudice; reckless driving; form; substance | |
| State v. Norris (23-889 - Published)
Possession of firearm by a felon; Motions to Dismiss; Constructive Possession; Totality of Circumstances | |
| State v. Rager (23-848 - Published)
district court, jurisdiction, intoxicated and disruptive in public, making harassing phone calls, superior court, jury trial waiver, prejudice, sufficiency of the evidence | |
| State v. Saddler (22-989 - Published)
jailhouse phone calls, implied admission, alleged prosecutorial misconduct | |
| State v. Watlington (22-972 - Published)
State v. Chambers, juror substitution, N.C. Gen. Stat. 15-In re Civil Penalty | |
| State v. Young (23-608 - Published)
Special jury instructions; N.C. Gen. Stat. § 1-181(a); N.C. R. Civ. P. 51(b); Submit in writing; Fingerprint evidence; Pretrial identification; Impermissibly suggestive; High likelihood of irreparable misidentification; Closing argument; Intervene ex mero motu; No prejudicial error. | |
| The N.C. State Bar v. Key (23-866 - Published)
order of discipline, misconduct, Rules of Professional Conduct, findings of fact, conclusions of law, substantial evidence, tax withholding, income taxes, trust accounting, client ledger, entrusted funds, mistrial, confidentiality, mortgage fraud, grievance process, letter of notice, discipline, suspension, disbarment, commission of felony, bad faith obstruction of the disciplinary process | |
| Unpublished Opinions 18 June 2024 - Rule 30e - Zip File of Unpublished Opinions Mandate: 8 July 2024 | |
| Arnold v. Tradewind Flight Servs., Inc. (23-1041 - Unpublished)
jurisdiction, federal court, prior action pending doctrine, Rule 60 motion | |
| Consol. Distribution Corp. v. Harkins Builders, Inc. (23-914 - Unpublished)
Contact; Subcontract; Enforcement; Findings of Fact; Pass; ADA; Conformance; Affirmed | |
| Horner v. IPP, LLC (23-1051 - Unpublished)
Express Easement; Predecessors in Title; Abandonment; Parol evidence; | |
| In re: A.A., Jr. (23-1127 - Unpublished)
Right to counsel; N.C.G.S. 7B-602; critical stage; N.C.G.S. 7A-451; jurisdiction. | |
| In re: A.M.D. (23-1085 - Unpublished)
intervention by caretaker, NC Gen Stat 7B-1103(b). NC Gen Stat 7B-401.1(e) | |
| In re: A.Z. & L.Z. (23-1151 - Unpublished)
Termination of parental rights; abuse; neglect; dependency | |
| In re: C.J.S. (23-1056 - Unpublished)
termination of parental rights; no-merit brief; Rule 3.1(e) | |
| In re: C.L., C.L., H.L. (23-1080 - Unpublished)
neglected juvenile, reunification efforts, NC Gen Stat 7B-901(c) | |
| In re: D.J.N. (24-82 - Unpublished)
termination of parental rights; UCCJEA; subject-matter jurisdiction; temporary emergency jurisdiction; willfully leaving the juvenile in foster care for 12 months; best interests of the juvenile | |
| In re: E.H.J. (23-1146 - Unpublished)
Termination of Parental Rights; Neglect | |
| In re: G.L.B. (24-97 - Unpublished)
termination of parental rights; neglect; no-merit brief | |
| In re: J.G., J.G. (23-1163 - Unpublished)
Termination of Parental Rights; No Merit Brief | |
| In re: K.R.M-A. (23-769 - Unpublished)
Adjudication; Abused and neglected; No merit brief; Pro se brief; Affirmed | |
| In re: Q.L-M.Y. (23-698 - Unpublished)
Termination of Parental Rights, Failure to Legitimate Paternity; Affirmed. | |
| In re: Z.M.C.B. (23-1024 - Unpublished)
Termination of Parental Rights; N.C.G.S. 7B-1111(a)(3); willful failure to pay child support to petitioner agency; parent employed and able to pay; evidence of ability to pay unnecessary | |
| Khouri v. Affordable Auto Prot., LLC (23-284 - Unpublished)
Personal jurisdiction; minimum contacts | |
| Scott v. Radeas LLC (23-1121 - Unpublished)
summary judgment, employment, wrongful termination in violation of public policy | |
| Smith v. Smith (23-653 - Unpublished)
Custody modification; civil contempt; attorney fees | |
| State v. Bryant (23-988 - Unpublished)
first-degree arson, testimony, plain error review, personal knowledge, hearsay, excited utterance, overwhelming evidence of guilt, sentencing testimony, mitigating factors | |
| State v. Hegwood (23-1040 - Unpublished)
Assault inflicting serious bodily injury | |
| State v. Ingram (23-748 - Unpublished)
post-deliberation juror substitution, conflict between statute and constitution, new trial | |
| State v. Morton (23-677 - Unpublished)
Rule 403, Rule 404(b), prior conviction, sex offenses | |
| State v. Moseley (23-1021 - Unpublished)
Taking indecent liberties with a child; N.C. Gen. Stat. § 14-202.1(a)(2); For the purpose of arousing or gratifying sexual desire; Upon the body; Motion to dismiss. | |
| State v. Noriega (23-724 - Unpublished)
Evidence/jury instruction errors by trial court in drug possession case | |
| State v. Potter (23-1112 - Unpublished)
motion to suppress, probable cause, automobile exception, constructive possession, anticipatory bond | |
| State v. Potts (23-699 - Unpublished)
motion to suppress; warrantless searches and seizures; probable cause; motion to dismiss; trafficking in cocaine by transportation | |
| State v. Simmons (23-1019 - Unpublished)
Self-defense, jury instruction, defense of others | |
| State v. Sinclair (24-85 - Unpublished)
Alford Plea Prior Record Level Anders Brief | |
| State v. Strickland (23-812 - Unpublished)
remand for resentencing, NC Gen Stat 20-179 | |
| State v. Teasley (23-600 - Unpublished)
Motion to Dismiss; Witness Drug Impairment, Attorney Fees | |
| State v. Tilghman (23-1149 - Unpublished)
Probation Revocation; Probation Violation Report; Willful Violation; New Criminal Offense; Clerical Error; Affirmed & Remanded. | |
| State v. Williams (22-1035 - Unpublished)
limitation of cross-examination; motion to dismiss for insufficiency of evidence; kidnapping and robbery; double jeopardy; felony larceny; and fair market value of stolen items; stipulation of prior record; notice of intent to prove sentencing point; waiver of notice; inquiry under Blakely Act. | |
| Wolf v. Swift (23-1137 - Unpublished)
motion for summary judgment, interlocutory, Rule 54(b). | |
| Woody v. Vickrey (22-776 - Unpublished)
appeals from interlocutory orders, review of sanctions orders, representation of multiple persons. |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 35 PETITIONS AND 244 MOTIONS.
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|
Filed: 4 June 2024 Mandate: 24 June 2024 Zip File of Published Opinions Case Title / Description | |
| Dixon v. N.C. Dep't of Health & Hum. Servs. (24-79 - Published)
Summary judgment; demotion; N.C.G.S. 126-35; pending discovery. | |
| In re: E.E., S.M.E., H.L., C.L. (23-974 - Published)
motion to remove party; legal custodian; abuse and neglect | |
| In re: E.H. & R.H. (23-864 - Published)
Abuse and Neglect; Initial Adjudication; Unexplained injuries; Unsupported findings; Removal from home; | |
| In re: Howell (23-1050 - Published)
Caveat; Will; Undue Influence; Bond; Rule 41; Dismissal; No Abuse of Discretion. | |
| RM Contractors, LLC v. Wiggins (23-978 - Published)
Interlocutory Order; Substantial Right; Claim of Lien; Perfection, Priority; Breach of Contract; Summary Judgment. | |
| State v. Ditty (23-141 - Published)
order rendered, order entered, enforcement of withdrawn plea agreement, detrimental reliance | |
| State v. Guzman (23-412 - Published)
N.C.G.S. § 15A-291(c); N.C.G.S. §§ 15A-262 and 15A-263; judicial recusal; wiretap orders; ping orders | |
| State v. Lail (23-845 - Published)
Rule 403 Balancing; Substantially More Prejudicial Than Probative; Abuse of Discretion; Wrongful Exclusion of Impeachment Evidence; Credibility; Jury Question; Prejudice; New Trial. | |
| State v. McNeil (23-977 - Published)
Possession; Constructive possession; Close juxtaposition; Controlled delivery; Power to control; Lesser-included offense; Methamphetamine; Other incriminating circumstances; Motion to dismiss. | |
| State v. Montanino (23-409 - Published)
felony murder, felonious larceny, misdemeanor larceny, misdemeanor manslaughter, involuntary manslaughter | |
| State v. Primm (23-949 - Published)
Solicitation of a child by computer or other electronic device; N.C. Gen. Stat. § 14-202.3(a); Knowingly solicited; Motion to dismiss; Substantial evidence; Contradictions and discrepancies are for the jury to resolve. | |
| State v. Robinson (23-564 - Published)
N.C. Gen. Stat. 15A-534; N.C. Gen. Stat. 15A-1431; right to a jury trial; right to be free from unreasonable seizures; secured bond; unsecured bond; modification of pretrial release conditions | |
| State v. Scott (23-936 - Published)
Withdrawal of guilty plea; Handy factors; fair and just reason; petition for certiorari | |
| Sunshine v. Sunshine (23-559 - Published)
alimony, depression of income, imputation of income, accustomed standard of living, savings | |
| White v. Brave Quest Corp. (23-928 - Published)
sanctions; interlocutory appeal; Rule 3; discovery order | |
| Unpublished Opinions 4 June 2024 - Rule 30e - Zip File of Unpublished Opinions Mandate: 24 June 2024 | |
| Beck v. DePaolo (23-764 - Unpublished)
Interlocutory appeal; Possibility of inconsistent verdicts; Medical malpractice; Proximate causation; Plaintiff’s burden of proof in a medical malpractice claim; Expert witness testimony; N.C. R. Civ. P. 9(j)(1). | |
| Brooks v. Cunningham (23-1074 - Unpublished)
attorneys fees; contempt; motion to strike; motion to amend | |
| Hoffman v. Curry (23-398 - Unpublished)
child custody; civil contempt; interlocutory appeal; final judgment; substantial right; child's best interests; willfulness | |
| In re: E.C., M.S., M.S., L.C., M.S., M.S., A.C. (23-1128 - Unpublished)
Termination of parental rights | |
| In re: H.D.B., R.B., & R.B. (23-893 - Unpublished)
Termination of parental rights; Subject Matter Jurisdiction; Home state of juvenile; Change in permanent plan; Best interests determination; Likelihood of Adoption; | |
| In re: I.F., B.F., M.F. (23-888 - Unpublished)
juvenile petitions; dependency; neglect; motion to strike brief; guardian ad litem; notice of appeal; certiorari | |
| In re: J.R.S. (23-976 - Unpublished)
termination of parental rights; substance abuse treatment; failure to make reasonable progress under the circumstances; N.C.G.S. § 7B-1111(a)(2); extremely limited progress; dependency; N.C.G.S. § 7B-1111(a)(6); challenged findings of fact. | |
| In re: K.E.L. & V.P.L. (23-972 - Unpublished)
Rule 3.1; Juveniles; Neglect; Termination of Parental Rights; Clear Cogent and Convincing Evidence; Affirmed. | |
| In re: K.S. (24-65 - Unpublished)
juvenile level 3 disposition and commitment order; violation of probation; predisposition report; N.C.G.S. § 7B-2413; comprehensive clinical assessment; N.C.G.S. § 7B-2502(a4); consideration of all relevant statutory factors; N.C.G.S. § 7B-2501(c). | |
| In re: White Oak Missionary Baptist Church (23-441 - Unpublished)
appointment of receiver, affidavit, Civ. Pro. R. 6(d), N.C. Gen. Stat. 1-507.24(e) | |
| Mashburn v. Chandler (23-1042 - Unpublished)
evidentiary challenges, quiet title, placing property "on the ground", Marketable Title Act, failure to plead issue | |
| Raper v. Raper (23-922 - Unpublished)
Motion to dismiss; Third-party complaint; Equitable distribution; Interlocutory; Dismissed | |
| Robbins v. Robbins (23-860 - Unpublished)
Separation Agreement; N.C. R. App. P. 3; Appellate Jurisdiction; Appeal from wrong number; Untimely Notice of Appeal; | |
| State v. Alston (23-999 - Unpublished)
assault with a deadly weapon; discharging a firearm into an occupied vehicle; aggressor doctrine; jury instruction supported by the evidence. | |
| State v. Bannister (24-66 - Unpublished)
N.C.G.S. 14.190; indecent exposure; public place. | |
| State v. Davis (23-795 - Unpublished)
Driving while impaired; DWI; Appreciable impairment; Motion to dismiss; N.C. Gen. Stat. § 20-138.1(a). | |
| State v. Durner (22-545 - Unpublished)
Second-Degree Murder; Motions to Dismiss; Malice; Self-Defense; Hearsay; Residual Exception; Character Evidence; Modus Operandi; Affidavits; Foundation; Personal Knowledge; Unavailable Declarants; No Ineffective Assistance of Counsel. | |
| State v. Frizzell (23-237 - Unpublished)
Indecent Liberties; Expert Testimony; Vouching; Redaction; Preservation; Charge Conference; Aggravating Factors; Abuse of Position of Trust or Confidence. | |
| State v. Gomez (23-1129 - Unpublished)
trafficking in fentanyl by possession and transportation; jury instruction; footnote 6 to N.C.P.I. (Crim) 260.17 and 260.30; plain error review; mental state; element of knowledge; determinative issue of fact; defendant’s evidence. | |
| State v. Green (23-475 - Unpublished)
Warrantless Search; Consent; Motion to Suppress; Preservation; N.C. R. App. P. 10; Dismissed. | |
| State v. Hinton (23-673 - Unpublished)
no-merit brief, prejudicial error, full review of the record | |
| State v. McDuffie (23-836 - Unpublished)
second-degree murder; lesser-included offense jury instruction; involuntary manslaughter | |
| State v. McNair (23-541 - Unpublished)
second-degree burglary; motion to dismiss; substantial evidence; reasonable inference; restitution; competent evidence | |
| State v. Morales (23-708 - Unpublished)
Driving While Impaired; Speeding; Allen Charge; Jury Instructions; No Error. | |
| State v. Palmer (23-901 - Unpublished)
waiver of counsel; lesser included offenses | |
| State v. Price (22-915 - Unpublished)
Anders brief review, no meritorious issues, no prejudicial error | |
| State v. Rangel (23-966 - Unpublished)
PWC, Anders brief, petition for DNA testing | |
| State v. Talley (23-804 - Unpublished)
motion to dismiss; larceny; conspiracy; sufficiency of evidence | |
| State v. Webster (23-956 - Unpublished)
plain error in jury instruction for constructive possession, failure to intervene ex mero motu in closing argument | |
| Weiss v. Cont'l Aerospace Techs., Inc. (23-907 - Unpublished)
Interlocutory, Final Judgment, Statute of Repose, Product liability |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 35 PETITIONS AND 244 MOTIONS.
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Filed: 21 May 2024 Mandate: 10 June 2024 Zip File of Published Opinions Case Title / Description | |
| Alderete v. Sunbelt Furniture Xpress, Inc. (23-896 - Published)
Workers' compensation | |
| Brown v. Caruso Homes, Inc. (23-1014 - Published)
attorney’s fees; abuse of discretion; reasonableness; findings of fact; North Carolina Wage and Hour Act | |
| Cottle v. Mankin (22-633 - Published)
negligent retention, medical malpractice, summary judgment, statute of repose, NCGS 90-21.11 | |
| Deanes v. Deanes (23-56 - Published)
third party standing, child custody, intervention, constitutionally protected status | |
| In re: B.L.M-S. (23-960 - Published)
abused and neglected juvenile; visitation; reunification efforts; no-contact order | |
| In re: T.R.W., T.D.Y.J.W., & T.Z.A.M.W. (23-1007 - Published)
termination of parental rights; neglect; lack of progress; guardianship; permanency; | |
| State v. Juran (23-881 - Published)
Assault on an emergency personnel; Error; Plain error; Unanimous jury verdict; Jury instruction; Verdict sheet; Evidence; Fatal variance; Indictment; PWC; Motion to dismiss; Sufficient evidence; Substantial evidence; Preservation of fatal variance issue; Object at trial; Motion to dismiss at the close of all evidence; No error | |
| State v. Melton (23-411 - Published)
Structural error; Motion to withdraw; Motion for continuance; Court-appointed counsel; Private counsel; Substitution; Sixth Amendment; Ineffective assistance of counsel; Balancing test; Prejudice; Judicial economy; No error | |
| State v. Radomski (23-340 - Published)
second amendment, as-applied challenge, mens rea, educational property. | |
| Unpublished Opinions 21 May 2024 - Rule 30e - Zip File of Unpublished Opinions Mandate: 10 June 2024 | |
| Coggin v. Brennan (23-802 - Unpublished)
Child custody modification; substantial change in circumstances; effect on the minor child; final decision-making authority. | |
| Cox v. Sadovnikov (23-657 - Unpublished)
custody dispute, UCCJEA, non-parent third party standing, home state jurisdiction, clear & convincing evidence, biological parents constitutional protections | |
| In re A.D. (23-1143 - Unpublished)
termination of parental rights; neglect; incarceration; findings of fact; clear, cogent, and convincing evidence. | |
| In re A.S.C. (23-1018 - Unpublished)
Indian Child Welfare Act; ICWA; Reason to know; 25 U.S.C. § 1911; 25 U.S.C. § 1912; Indian Tribe; Cherokee Tribe; Notice requirement; Work with members of the Indian Tribe; 25 C.F.R. § 23.111; ICWA burden. | |
| In re B.B.P. (23-1086 - Unpublished)
termination of parental rights; denial of motion to continue; challenged findings of fact; neglected juvenile; best interests | |
| In re D.B.R. (23-985 - Unpublished)
Involuntary commitment, outpatient, findings of fact, form order | |
| In re G.H. (23-939 - Unpublished)
juvenile delinquency petitions; State’s limited statutory right to appeal in delinquency cases; N.C.G.S. § 7B-2604(b); motion to dismiss appeal granted; petition for writ of certiorari denied. | |
| In re J.H. (23-543 - Unpublished)
neglected juvenile, physical discipline, incomplete transcript, parental psychological evaluation | |
| In re K.L.D. (23-903 - Unpublished)
permanency planning order, visitation, guardianship, motion to continue | |
| In re M.R. (23-904 - Unpublished)
Adjudication; disposition; dependency; custody; visitation; subject matter jurisdiction; juvenile petition | |
| State v. Anderson (22-970 - Unpublished)
second-degree murder, motion to dismiss, proximate cause, jury instructions, closing arguments | |
| State v. Brown (23-393 - Unpublished)
Batson Challenge; Jury Selection; United States Constitution; Equal Protection Clause; North Carolina Constitution; Article I, Section 26; No Clear Error. | |
| State v. Burgess (23-846 - Unpublished)
Revocation of probation | |
| State v. Cochran (22-885 - Unpublished)
prolonged stop, preservation of suppression arguments, trafficking by possession. | |
| State v. Davis (23-931 - Unpublished)
jury instruction misplaced word, sex offender registration | |
| State v. Gilmore (23-300 - Unpublished)
indictment, fatal variance, larceny | |
| State v. Jackson (22-982 - Unpublished)
Alford plea; motion to withdraw plea; ineffective assistance of counsel; Handy factors | |
| State v. Love (23-1123 - Unpublished)
no statutory authority to set aside bond forfeiture under N.C.G.S. § 15A-544.5(f); defendant failed to appear on two or more prior occasions in the case for which the bond was executed; clearly marked release order; actual notice. | |
| State v. MacKay (23-718 - Unpublished)
use of the word "victim," plain error review | |
| State v. Pica (23-873 - Unpublished)
Possession of firearm by felon; actual possession; constructive possession; incriminating circumstances; sufficiency of evidence; motion to dismiss | |
| State v. Thomas (23-736 - Unpublished)
Petition for Writ of Certiorari; Satellite-based Monitoring orders; Failure to include order in notice of appeal; Sufficiency of the findings; 404(b) evidence; Prior conviction of a similar nature; Common scheme or plan; Level of supervision; Risk assessment; Static-99R form; Competent evidence to support trial court’s additional findings of fact; Above average risk. | |
| State v. Watrous (23-668 - Unpublished)
Motion to Dismiss; N.C. Gen. Stat. § 90-108(a)(7); Methamphetamine; Paraphernalia; Possession; Constructive Possession; Lay Testimony; No Plain Error. | |
| State v. Wilson (23-525 - Unpublished)
Second-degree kidnapping; N.C. Gen. Stat. § 14-39; Acting in concert; Facilitating the commission of any felony or facilitating flight of any person following the commission of a felony; N.C. Gen. Stat. § 20-166; Felony hit and run; Motion to dismiss; N.C. R. Evid. 403(b). | |
| State v. Young (23-952 - Unpublished)
motion to suppress, Rule 404(b), undisclosed state's witness, conditional discharge |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 35 PETITIONS AND 244 MOTIONS.
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|
Filed: 7 May 2024 Mandate: 28 May 2024 Zip File of Published Opinions Case Title / Description | |
| Aguilar v. Mayen (23-700 - Published)
Child custody; Best interests; Findings of fact must support conclusions of law; Sufficiency of the trial court's findings; Consider all relevant factors; N.C. Gen. Stat. § 50-13.2. | |
| Carballo v. Carballo (23-796 - Published)
modification of child custody, best interest, visitation, findings of fact, delegation of judicial authority | |
| Gabbidon Builders, LLC v N.C. Licensing Bd. for Gen. Contractors (23-1010 - Published)
administrative law; due process; subpoena; virtual testimony | |
| Haythe v. Haythe (23-792 - Published)
alimony, attorney's fees, contempt, holding equitable distribution in trust. | |
| Hoaglin v. Duke Univ. Health Sys., Inc. (23-546 - Published)
Summary Judgment; Contracts; Americans with Disabilities Act; Discrimination; Failure to Accommodate; Retaliation; Rule 37; Attorneys’ Fees. | |
| In re: Bartko (23-980 - Published)
Reinstatement of Law License; Disciplinary Hearing Commission; Completion of Sentence; Payment of Restitution; Restoration of Citizenship; State Bar Council appellate jurisdiction; | |
| In re: D.J.Y. (23-1079 - Published)
Subject matter jurisdiction; Court counselor; Approve a petition for filing; Adjudication and disposition; Orders void ab initio; N.C. Gen. Stat. § 7B-1706(a); N.C. Gen. Stat. § 7B-1703(b). | |
| In re: D.R.F. Jr. (23-473 - Published)
Juvenile Adjudication Order; Secure Custody; Motion to Dismiss | |
| In re: J.O. (23-744 - Published)
guardianship, permanency planning order, visitation, preservation | |
| In re: M.G.B., T.J.B., H.E.D. (23-853 - Published)
Permanency planning, reunification, factual findings, DSS reasonable efforts, guardian ad litem, sexual abuse, burden of proof | |
| Jones v. Corn (23-927 - Published)
Estate Planning; Deeds; Undue Influence; Capacity; Conversion; Reformation; JNOV; New trial; Affirmed. | |
| Jones v. N.C. Dep't of Pub. Safety (23-591 - Published)
inmate, assault, Tort Claims Act, negligence, notice, Industrial Commission, notice of appeal, cross-appeal | |
| McMillan v. Faulk (23-827 - Published)
interlocutory appeals; collateral estoppel | |
| Real Time Resolutions, Inc. v. Cole (23-464 - Published)
foreclosure; N.C.G.S. 1-47(3); statute of limitations; home equity credit line agreement; acceleration of the note; clerical error. | |
| Scott v. Scott (23-263 - Published)
jurisdiction of trial court to modify custody | |
| Sneed v. Johnston (23-446 - Published)
equitable distribution; motion to reopen evidence; business valuation | |
| State v. Boyd (23-984 - Published)
Anticipatory Search Warrant; Trafficking cocaine & marijuana; Guilty Plea; Motion to Suppress preserved; Totality of the Circumstances; | |
| State v. Buck (23-606 - Published)
Statutory Interpretation; “Crash”; Motion to Arrest Judgment; Motion to Dismiss; Jury Instructions; Clerical Error. | |
| State v. Crowder (23-833 - Published)
short form indictments, second degree forcible sex offense, N.C. Gen. Stat. 15-144.2(c) | |
| State v. Doherty (23-820 - Published)
motion to dismiss; felony cruelty to animals; cruelly beat; statutory interpretation; plain language; dictionary definition; invited error; plain error; lesser included offense | |
| State v. Fernanders (23-837 - Published)
N.C. R. Evid. 404(b) prejudicial error review; N.C. R. Evid. 701 prejudicial error review; N.C. R. Evid. 403; motion to sever charges; N.C. R. Evid. 702(a)(1), (a)(3). | |
| State v. Gibbs (23-566 - Published)
fatal variance; motion to dismiss; jury instructions; consecutive sentences | |
| State v. Groat (23-703 - Published)
Motion to Sever; Unpreserved; Motion to Dismiss; Attempted First Degree Kidnapping; No Error. | |
| State v. Heyne (23-224 - Published)
expert testimony; lay opinion testimony; improper jury arguments | |
| State v. Montgomery (23-720 - Published)
requested replay of evidence, actual and constructive possession, motion to dismiss. | |
| State v. Norman (23-471 - Published)
Injury to real property; Safecracking; Breaking and entering; Larceny after breaking and intering; Injury to personal property; Probable cause; Inevitable discovery; Knock and talk; Securing the scene; 4th Amendment; | |
| State v. Ramirez (23-965 - Published)
preservation, appellate review, offer of proof, dismiss, exclusion of testimony, prejudice, overwhelming evidence of guilt, clerical errors, written judgment, remand | |
| State v. Simpson (23-676 - Published)
TC erred by not giving notice to or engaging in colloquy with defendant regarding attorney's fees. | |
| State v. Vaughn (23-337 - Published)
first-degree murder, possession of a weapon of mass death and destruction, jury instructions, stand-your-ground provision, defense of habitation, defense of justification, causal nexus requirement, prejudicial error | |
| Warren v. Cielo Ventures, Inc. (22-926 - Published)
Unfair and Deceptive Trade Practices Act; N.C. Gen. Stat. Sec. 75-1.1; statute of limitations; limitations of liability clause | |
| Wenninger v. Wenninger (23-741 - Published)
equitable distribution; property in trust; jurisdiction; joinder of necessary parties | |
| White v. N.C. Dep't of Health & Hum. Servs. (23-529 - Published)
adoption assistance benefits; administrative law; standard of review | |
| Wilson Ratledge, PLLC v. JJJ Fam., LP (23-959 - Published)
personal jurisdiction, general and specific jurisdiction. | |
| Unpublished Opinions 7 May 2024 - Rule 30e - Zip File of Unpublished Opinions Mandate: 28 May 2024 | |
| Arnold v. Sweyer & Assocs., Inc. (23-640 - Unpublished)
restrictive covenants; summary judgment; involuntary dismissal | |
| Blackmon v. Blackmon (23-538 - Unpublished)
equitable distribution, sanctions, mixed assets, marital fault | |
| DiMuzio v. DiMuzio (23-494 - Unpublished)
Alimony determination; amount and duration; competent evidence; prior post-separation support findings not binding on alimony award; statutorily required findings for N.C. Gen. Stat. § 50-16.3A(b)(8) | |
| Hanson v. Marten Transp., Ltd. (23-843 - Unpublished)
workers' compensation; findings of fact; compensable injury; causation; credibility of witnesses | |
| Hurd v. Priority Auto. Huntersville, Inc. (23-1104 - Unpublished)
Motion to dismiss, N.C. R. Civ. P. 12(b)(6), Failure to state a claim, sufficiency of complaint, Unfair and deceptive trade practice, fraud, fraudulent concealment, automobile dealership, reversed and remanded | |
| In re A.F.L. (23-1059 - Unpublished)
termination of parental rights; best interests; abuse of discretion; reweigh; unchallenged findings; binding; N.C. Gen. Stat. Section 7B-1110(a); adoption; bond; wishes of the juvenile | |
| In re C.D.G. (23-894 - Unpublished)
N.C. Gen. Stat. § 7B-1110(a); Dispositional factors; Best interest of the child; Consideration of statutory factors; Bond between child and parent; Likelihood of adoption; Lack of proposed adoptive placement. | |
| In re M.K.P-C. (23-1075 - Unpublished)
Termination of parental rights | |
| In re Z.M. (23-829 - Unpublished)
subject matter jurisdiction; nonsecure custody orders; permanency planning orders; eliminating reunification from permanency plan; reasonable efforts. | |
| In re Z.S. (23-850 - Unpublished)
adjudication, neglect, substantial risk of impairment | |
| Jones v. Corn (23-935 - Unpublished)
Estate Planning; Deeds; Undue Influence; Capacity; Conversion; Reformation; JNOV; New trial; Affirmed. | |
| Kent v. Johnson (22-1060 - Unpublished)
subject matter jurisdiction; temporary child custody order; natural parent's paramount status; non-parent custody | |
| Kustom U.S., Inc. v. Bryant (23-370 - Unpublished)
breach of contract, discovery sanctions, admissions | |
| Norman v. Allstate Ins. Co. (23-1111 - Unpublished)
12(b)(6); allegations; sufficient; unfair and deceptive trade practices; third party; claimant; insurer; adverse party | |
| State v. Afzal (23-800 - Unpublished)
Subject Matter Jurisdiction; Indictment; Essential Element; Kidnapping; Felonious Restraint; Vacated. | |
| State v. Allen (23-831 - Unpublished)
plain error; leading question; hearsay | |
| State v. Anderson (23-169 - Unpublished)
motion for appropriate relief; verdict impeachment; confrontation clause; hearsay | |
| State v. Arold (23-1076 - Unpublished)
Right to presence; Sixth and Fourteenth amendments; Jury question; N.C. R. App. P. 10(a)(1); Objection; Failure to preserve; Dismissed | |
| State v. Best (22-856 - Unpublished)
self defense, aggressor doctrine, jury instructions | |
| State v. Bullock (23-818 - Unpublished)
motion to dismiss; discharging a firearm into a vehicle; muzzle velocity; jury instructions; flight | |
| State v. Carpenter (23-867 - Unpublished)
certiorari; revocation of probation; findings of fact; good cause | |
| State v. Chinnas (23-706 - Unpublished)
cruelty to animals; motion to dismiss; special condition of probation; Rule 2 | |
| State v. El (23-745 - Unpublished)
reasonable search, roadside search, intrusive means | |
| State v. Frank (23-695 - Unpublished)
Petition for writ of certiorari, N.C. R. Evid. 404(b), N.C. R. Evid. 403, Sentencing, Statutory mandate, evidence, indecent liberties with a child, indecent liberties with a minor, first-degree sexual offense | |
| State v. Fraser (23-670 - Unpublished)
Motion to dismiss, sufficiency of the evidence, discharging a weapon into an occupied vehicle, hearsay, identity, common scheme or plan, intent | |
| State v. Glendening (23-366 - Unpublished)
Rule 404(b); prior acts evidence; Rule 403 | |
| State v. Greer (23-926 - Unpublished)
stipulation to prior convictions; record level worksheet; stipulation to out-of-state felony conviction; sentencing; NC Gen Stat 15A-1340.14(e) | |
| State v. Grice (23-1058 - Unpublished)
Clerical Error; Judgment; Rule 4; PWC; Remanded. | |
| State v. Hammond (23-1118 - Unpublished)
jurisdictional defect; designate; serve; probation; revocation; hearing; reasonably satisfy; willful; violated; abuse of discretion; abscond; notice; finding; good cause; remand | |
| State v. Hemingway (23-275 - Unpublished)
probation revocation, right to confrontation, abuse of discretion. | |
| State v. Hill (23-910 - Unpublished)
Probation revocation; right to confrontation; N.C.G.S. § 15A-1345(e); finding of good cause; non-revocable violations; clerical error. | |
| State v. Jackson (23-1054 - Unpublished)
Anders brief; possible issues of sentencing, indictment sufficiency, sex offender registration; no meritorious issues; wholly frivolous | |
| State v. Kelliher (23-691 - Unpublished)
Miller resentencing, appellate mandate, limited remand | |
| State v. Kuers (23-486 - Unpublished)
possession of a firearm by a felon, defendant's choice not to testify, motion to fire appointed counsel | |
| State v. O'Buckley (23-1034 - Unpublished)
motion for a mistrial; N.C.G.S. § 14-7.5; pending indictment; habitual felon status; substantial prior criminal record; curative instruction; no abuse of discretion; no substantial or irreparable prejudice to defendant’s case. | |
| State v. Saunders (23-916 - Unpublished)
license and registration checkpoint; driving while under the influence; motion to suppress; preservation; constitutional law; findings of fact. | |
| State v. Shepard (23-824 - Unpublished)
Rape of a child by adult N.C. Gen. Stat. § 14-27.23; Cross examination; Prior inconsistent statement; Rule 412 - Rape Shield; Unpreserved objections; Rule 403; Delayed Reporting; Victim Impact Evidence; Plain error; | |
| State v. Smith (22-621 - Unpublished)
Driving While Impaired; Motion for Appropriate Relief; Petition for Writ of Certiorari; Withdrawal of Plea; Voluntary Plea; Collateral Consequences of Plea | |
| State v. Speight (23-815 - Unpublished)
Anders brief; N.C. Gen. Stat. § 15A-1444; Guilty plea; Frivolous appeal | |
| State v. Whitaker (23-569 - Unpublished)
Self-defense; Stand Your Ground Doctrine; N.C. Gen. Stat. § 14-51.3; Castle Doctrine presumption; N.C. Gen. Stat. § 14-51.2; Curtilage. | |
| State v. Wynne (23-586 - Unpublished)
Statutory sex offense with a child by an adult | |
| Williams v. N.C. Dep't of Adult Corr. (23-876 - Unpublished)
Industrial Commission; Full Commission Order; Negligence; Causation; Proximate Cause; Expert medical testimony; Tort Claims Act; Pain and suffering. |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 35 PETITIONS AND 244 MOTIONS.
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Filed: 16 April 2024 Mandate: 6 May 2024 Zip File of Published Opinions Case Title / Description | |
| Bost v. Brown (23-855 - Published)
Interlocutory; summary judgment; issue of material fact; issue of law; deed; conveyance; ambiguous deed; inconsistent clauses; effect; intent; N.C. Gen. Stat. Section 39-1.1(a); deed construction; tenancy by the entirety; intestacy; heirs; estate; interest | |
| Hernandez v. Hajoca Corp. (23-1001 - Published)
Jurisdiction Industrial Commission; Jurisdiction of Superior Court; Third-Party Complaint; Exclusivity Provision of Workers Compensation Act; Indemnification and Contribution; | |
| In re: L.C. (23-759 - Published)
Child care; termination of parental rights; neglect; adjudication; jurisdiction; parent; parentage; definition; legal status; rights; impairment | |
| N.C. Bar & Tavern Ass'n v. Cooper (22-725 - Published)
COVID-19; Executive Orders; Closure of businesses; Closures of bars; Fruits of Labor Clause; N.C. Const. art. I, § 1; Equal Protection; N.C. Const. art. I, § 19; Emergency Management Act; N.C. Gen. Stat. § 166A-19.73; Public Records Act; N.C. Gen. Stat. § 132-9; N.C. Gen. Stat. § 7A-38.3E; Takings clause; Fifth Amendment; Regulatory taking; Compensation; Attorneys’ fees. | |
| Schroeder v. The Oak Grove Farm Homeowners Ass'n (22-919 - Published)
restrictive covenants, directed verdict, judgment notwithstanding the verdict, household pets, commercial purpose | |
| State v. Dobson (23-568 - Published)
motion to suppress; vehicle search; industrial hemp; odor of marijuana; probable cause | |
| State v. Grant (23-656 - Published)
Fifth Amendment; N.C. Const. art. I, section 23; N.C. Gen. Stat. section 8-54; right not to testify; improper comment; closing argument; | |
| T.H. v. SHL Health Two, Inc. (23-665 - Published)
Motion to Dismiss; Voluntary Dismissal with Prejudice; Rule 60(b)(1); Rule 60(b)(6); Affirmed. | |
| Unpublished Opinions 16 April 2024 - Rule 30e - Zip File of Unpublished Opinions Mandate: 6 May 2024 | |
| Adams v. Hajoca Corp. (23-1006 - Unpublished)
Worker's Compensation; Indemnification; Civil suit; Subject matter jurisdiction; | |
| D.D. v. SHL Health Four, Inc. (23-666 - Unpublished)
Motion to Dismiss; Voluntary Dismissal with Prejudice; Rule 60(b)(1); Rule 60(b)(6); Affirmed. | |
| In re A.R.D. (23-658 - Unpublished)
Termination of parental rights | |
| In re A.Z.R. (23-908 - Unpublished)
Termination of parental rights; no-merit brief; rule 3.1.(e) | |
| In re K.F.C. (23-971 - Unpublished)
termination of parental rights; N.C.R. App. P. 3.1(e); no-merit brief | |
| In re L.D.R. (23-705 - Unpublished)
adjudication; neglect; case plan requirements | |
| In re M.J.M. (23-732 - Unpublished)
termination of parental rights, withdrawal of counsel, motion to withdraw | |
| In re M.M. (23-623 - Unpublished)
Permanency Planning Hearing; Competent Evidence; Findings of Fact; Reunification; Dispositional Choice; No Abuse of Discretion. | |
| In re N.F.P-C. (23-851 - Unpublished)
Termination of parental rights | |
| In re P.H. (23-39 - Unpublished)
neglect, injurious environment, placement outside of home | |
| In re P.N.F. (23-912 - Unpublished)
Termination of parental rights; findings of fact; TPR; abuse; neglect; dependency. | |
| In re P.R. (23-763 - Unpublished)
abused and neglected juveniles; cessation of reunification efforts; petitions for writ of certiorari; failure to make adequate progress on case plans | |
| Jones v. N.C. Dep't of Transp. (23-757 - Unpublished)
notice of appeal; Tort Claims Act; Tort Claims Rules | |
| Luxeyard, Inc. v. Klinek (23-555 - Unpublished)
Service of process; N.C. R. Civ. P. 4(j)(1)(c); affidavit showing reception "in fact" and return receipt; Covid-19 contactless service, no signature, insufficient for certified mail | |
| Newell v. Newell (23-669 - Unpublished)
N.C. Gen. Stat. § 50-16.3A; Alimony; Arrears; Child Support; Abuse of Discretion; Conclusions of Law | |
| Sanchez v. Hajoca Corp. (23-1003 - Unpublished)
Worker's Compensation; Indemnification; Civil suit; Subject matter jurisdiction; | |
| Singleton v. McNabb (23-309 - Unpublished)
Discovery violations, sanctions, interlocutory appeal | |
| State ex rel. Horner v. Buchanan (23-762 - Unpublished)
sealed records, sui generis, disciplinary proceedings | |
| State v. Avery (23-750 - Unpublished)
appellate jurisdiction; Rule 4; no prejudice; merits of appeal; revocation of probation; subject-matter jurisdiction; expiration of probationary term; remand for clerical error | |
| State v. Blount (23-1016 - Unpublished)
Anders brief re: criminal conviction | |
| State v. Chandler (23-634 - Unpublished)
motion to suppress, reasonable suspicion to conduct traffic stop | |
| State v. Cozart (23-1022 - Unpublished)
Direct criminal contempt; opportunity to respond; N.C. Gen. Stat. Section 5A-14 | |
| State v. Earnell (23-498 - Unpublished)
Rule 803(4) medical diagnosis or treatment hearsay exception; confrontation clause; harmless error; Harbison error; arrested judgment | |
| State v. Green (23-900 - Unpublished)
Amendment of indictment | |
| State v. Hawthorne (23-906 - Unpublished)
Alford plea; factual basis; N.C.R. App. P. 10(a)(1); lack of jurisdiction | |
| State v. Johnson-Bryant (23-887 - Unpublished)
Intent to appeal readily inferred; lesser-included offense instruction not prejudicial; mistrial ex mero motu; curative instructions; ineffective assistance of counsel. | |
| State v. Long (23-462 - Unpublished)
motion to continue, discovery, evidence of value | |
| State v. Murdock (23-948 - Unpublished)
Probation revocation | |
| State v. Rudisill (23-334 - Unpublished)
motion to dismiss; fatal variance; sufficiency of indictment | |
| State v. Tamba (23-813 - Unpublished)
Pro se; waiver of counsel; written; N.C. Gen. Sat. Section 15A-1242(3); inquiry; permissible range of punishments; knowing, intelligent, and voluntary; certified; presumption; State v. Wall, 184 N.C. App. 280, 645 S.E.2d 829 (2007); State v. Frederick, 222 N.C. App. 576, 730 S.E.2d 275 (2012) | |
| State v. Young (23-722 - Unpublished)
relevance and prejudicial effect of evidence, expert testimony, ex mero motu intervention in closing argument | |
| Thomas v. Thomas (23-859 - Unpublished)
interim distribution order; interlocutory appeal; bare assertion of substantial right |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 35 PETITIONS AND 244 MOTIONS.
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Filed: 2 April 2024 Mandate: 22 April 2024 Zip File of Published Opinions Case Title / Description | |
| Ayers v. Currituck Cnty. Dep't of Soc. Servs. (23-420 - Published)
office of administrative hearings review, just cause, and unacceptable personal conduct. | |
| Dan King Plumbing Heating & Air, LLC v. Harrison (23-752 - Published)
Order granting a new trial; Appeal as of right; UDTP (unfair and deceptive trade practices); Remand; Conform to appellate opinion; N.C. Gen. Stat. § 7A-53; N.C. R. Civ. P. 63; Entry of judgment. | |
| Garland v. Orange Cnty. (23-588 - Published)
motion to partially dismiss appeal, motion to dismiss cross-appeal, PWC, enforcement of settlement agreement, motion to dismiss on untimely complaint. | |
| Griffing v. Gray, Layton, Kersh, Solomon, Furr & Smith, P.A. (23-710 - Published)
interlocutory jurisdiction; substantial right; arbitration; no valid agreement to arbitrate; equitable estoppel; third-party beneficiary | |
| Hunter Haven Farms, LLC v. The City of Greenville Bd. of Adjustment (23-662 - Published)
N.C. Gen. Stat. 160D-1402; quasi-judicial decision; petition for writ of certiorari; participation in proceedings; | |
| Knuckles v. Simpson (23-257 - Published)
Petition for determination of abandonment, willful abandonment, factual findings supported by sufficient evidence, credibility and weight of evidence | |
| N.C. Cemetery Comm'n v. Smoky Mountain Mem'l Parks, Inc. (23-761 - Published)
Unauthorized transfer of land designated as cemetery in violation of NC Cemetery Act | |
| State v. Hernandez (23-832 - Published)
PWC; merit; plain error; de novo; magistrate; great deference; substantial basis; probable cause; nexus; reasonable cause; incriminating evidence; reasonable inference; prudent; practical; purely conclusory; underlying circumstances; training and experience; IAC; prejudice; double jeopardy; sole basis | |
| State v. Taylor (23-423 - Published)
DWI, Highway collision, Inhalants, Preservation of constitutional issues, N.C. R. App. P. 10(a)(4), Sixth Amendment, Expert witness, Right to confrontation, Rule of Evidence 404(b), Rule of Evidence 403, Evidence of malice. | |
| State v. Walker (23-319 - Published)
N.C. Gen. Stat. § 14-190.16(a)(1); First-degree sexual exploitation of a minor; N.C. Gen. Stat. § 14-190.17(a)(2); Second-degree sexual exploitation of a minor; Lesser-included offense; Witness improperly instructing the jury; Misnaming the charged offense; Curative Instruction | |
| Turpin v. Charlotte Latin Sch., Inc. (23-252 - Published)
Appeal by plaintiffs from TC's granting in part/denying in part defendants' 12(b)(6) motion to dismiss nine claims of plaintiffs re: fraud, UDTP, negligent misrepresentation, negligent infliction of emotional distress, negligent supervision and retention, slander, libel, breach of contract, breach of implied covenant of good faith and fair dealing | |
| Unpublished Opinions 2 April 2024 - Rule 30e - Zip File of Unpublished Opinions Mandate: 22 April 2024 | |
| 603 Glenwood, Inc. v. 616 Glenwood, LLC (22-943 - Unpublished)
contract formation, motion to enforce settlement agreement, summary judgment, statute of frauds | |
| Baxter v. N.C. State Highway Patrol Troop F Dist. V (23-605 - Unpublished)
Industrial commission, intentional tort, subject matter jurisdiction | |
| Edens v. City of Hamlet (23-773 - Unpublished)
N.C. R. Civ. P. 12(b)(1); Subject matter jurisdiction; Failure to exhaust administrative remedies; City ordinance; Order to demolish; Housing code. | |
| Guarascio v. Guarascio (23-616 - Unpublished)
Order of sale; Judicial partition; Abandonment of arguments; Waiver of appellate review; | |
| Hunter v. Hunter (23-937 - Unpublished)
Domestic Violence Protection Order; Competency of Evidence; Evidentiary Weight; Findings of Fact; Conclusions of Law; Self-Defense; Aggressor Doctrine | |
| In re A.J.C.R. (23-973 - Unpublished)
Neglect; N.C. Gen. Stat. § 7B-1111(a)(1); N.C. Gen. Stat. § 7B-101(15)(a); Failure to make progress in completing a case plan; Mental health; Medication management; Likelihood of the repetition of neglect. | |
| In re B.L. (23-861 - Unpublished)
Termination of parental rights | |
| In re E.M. (23-884 - Unpublished)
Adjudication of delinquent juvenile; incorrect disposition order level; failure of court to make FoF re: restitution | |
| In re E.P. (23-709 - Unpublished)
Motion to Dismiss Appeal, Mootness, Adverse Collateral Consequence Exception, Age of Majority, Dismissed. | |
| In re H.A.M. (23-852 - Unpublished)
termination of parental rights; willful abandonment; best interests determination | |
| In re J.F. (23-777 - Unpublished)
Termination of parental rights, best interest, likelihood of adoption, relevant consideration, relative placement | |
| In re K.-G.L.S. (23-869 - Unpublished)
termination of parental rights; willful abandonment; best interests | |
| In re K.D. (23-805 - Unpublished)
Termination of parental rights; N.C.G.S. 7B-1111(a)(3); willful failure to pay a reasonable portion of the cost of care; sporadic provision of gifts; occasional small payments. | |
| In re K.P. (23-701 - Unpublished)
Termination of parental rights, burden of proof, willfulness | |
| In re K.R. (23-532 - Unpublished)
Adjudication, neglected juvenile, abused juvenile, findings of fact, abuse of another child | |
| In re M.C.L. (23-784 - Unpublished)
Termination of parental rights | |
| In re M.G.B. (23-877 - Unpublished)
no-merit brief; termination of parental rights; Fifth Amendment | |
| In re M.J.W. (23-717 - Unpublished)
termination of parental rights, willful abandonment, findings of fact | |
| In re M.M.D. (23-934 - Unpublished)
Termination of parental rights | |
| In re M.R.B. (23-825 - Unpublished)
placement; trial court; juvenile; best interest; substance abuse; foster; visitation; neglect; willful; abandonment; dependency. | |
| In re R.S.W. (23-482 - Unpublished)
termination of parental rights; neglect; best interests of the child | |
| In re S.M.V. (23-958 - Unpublished)
termination of parental rights; amended petition; willful abandonment; best interests of the juvenile | |
| In re Z.A. (23-782 - Unpublished)
Termination of parental rights; Willful failure to make reasonable progress; N.C. Gen. Stat. § 7B-1111(a)(2); Opioid use disorder; Substance abuse; Mental health; Entering numerous treatment facilities without obtaining and maintaining sobriety does not equate to reasonable efforts. | |
| Lawing v. Miller (23-858 - Unpublished)
collateral attack; order designating exempt property; judgment debtor | |
| Risueno v. Purdue Pharma, Inc. (23-842 - Unpublished)
Motion to dismiss; Subject matter jurisdiction; Petition for judicial review; Appeals decision; Higher authority decision; Lack of service; Jurisdiction; PWC; N.C. Gen. Stat. § 96-15(h) | |
| State v. Cornwell (23-36 - Unpublished)
continuing criminal enterprise, sufficiency of the indictment, subject matter jurisdiction. | |
| State v. Davidson (23-258 - Unpublished)
1st degree Murder; Motion to Dismiss; Motion to Suppress; Ineffective Assistance of Counsel; Unanimous Jury Verdict | |
| State v. Harrell (23-583 - Unpublished)
driver’s license checkpoint; ineffective assistance of counsel; plain error | |
| State v. Johnson (23-874 - Unpublished)
sentencing; prior record level | |
| State v. Sweat (23-609 - Unpublished)
Plea arrangement; no right to appeal; petition for writ of certiorari; restitution worksheet; victims; aggrieved parties; clerical error. | |
| State v. Thompson (23-643 - Unpublished)
motion to dismiss; substantial evidence; essential elements; perpetrator; sufficiency; possession of a firearm by a felon; constructive possession; totality of the circumstances; plain error; prejudice; probable impact; Rule 901(a); substantive evidence; illustrate; testimony; video; Rule 401; relevancy; tendency; more probable or less probable; prior felony; IAC; reasonable probability | |
| State v. Walker (23-963 - Unpublished)
Trafficking; Methamphetamine; Anders Brief; Meritorious Issue; Independent Review; Wholly Frivolous | |
| State v. White (23-596 - Unpublished)
Robbery with a dangerous weapon, possession of a firearm by a felon, juror exclusion | |
| Taksa v. Crull (23-753 - Unpublished)
motion to compel arbitration; scope of arbitration agreement |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 35 PETITIONS AND 244 MOTIONS.
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Filed: 19 March 2024 Mandate: 8 April 2024 Zip File of Published Opinions Case Title / Description | |
| Builders Mut. Ins. Co. v. Neibel (23-240 - Published)
summary judgment; service by publication; due diligence | |
| Costanzo v. Currituck Cnty. (22-699 - Published)
ultra vires; occupancy taxes; judgment; discretion; summary judgment; general public services; statutory construction; legislative intent; plain meaning; declaratory judgment. | |
| eDealer Servs., LLC v. N.C. Dep't of Transp. (23-680 - Published)
administrative law; standards of review; findings of fact; administrative procedures act; information technology contracts | |
| Fletcher Hosp. Inc. v. N.C. Dep't of Health & Hum. Servs. (23-672 - Published)
summary judgment; certificate of need; N.C.G.S. § 131E-185(a1)(2); public hearing requirement; COVID-19 pandemic; public policy concerns; N.C.G.S. § 150B-23(a); contested case hearing; agency error; substantial prejudice; discrete requirements; no automatic prejudice | |
| Green v. Carter (22-494 - Published)
child support, statutory interpretation, collateral estoppel, primary liability, secondary liability, in loco parentis | |
| Hudson v. Hudson (22-1000 - Published)
child support, alimony, recusal, Rule 63 | |
| In re: Oak Meadows Cmty. Ass'n (23-728 - Published)
property tax exemption; 'provide housing'; statutory interpretation | |
| In re: X.M., M.M., M.M., P.C. (23-655 - Published)
Termination of Parental Rights; N.C. Gen. Stat § 7B-1111(a)(2); Substance Abuse; Transcription Error; Failure to Support; | |
| N.C. State Conf. of the NAACP v. Alamance Cnty. (23-262 - Published)
Confederate monument, open courts clause, equal protection clause, NC Constitution | |
| Perryman v. Town of Summerfield (23-40 - Published)
N.C.G.S. 1-521; taxpayer standing; N.C. R Civ P 12(b)(1); N.C. R Civ P 12(b)(6); quo warranto; collateral attack; res judicata; collateral estoppel. | |
| State v. Bivins (23-550 - Published)
Possession of Methamphetamine; Prior Record Level; Obtaining Habitual Felon Status; Plea Agreement; State conceded sentencing error; | |
| State v. Jackson (23-636 - Published)
felony murder; motion to dismiss; plain error; jury instructions; defense of necessity | |
| State v. Jackson (23-727 - Published)
Motion to suppress; plain feel doctrine; pill bottles; probable cause; totality of the circumstances; inevitable discovery; material conflict in the evidence; inferred findings of fact. | |
| State v. McLawhon (23-814 - Published)
statutory sexual offense with a child by an adult, sexual act by a substitute parent or custodian, indecent liberties with a child, plain error, testimony, pre-arrest silence, cross-examination | |
| State v. Shelton (23-729 - Published)
Sexual exploitation of a minor; sufficiency of circumstantial evidence; sexual activity; lascivious depiction of pubic area; photographs not admitted at trial | |
| State v. Templeton (23-443 - Published)
defense of necessity; jury instruction; affirmative defense | |
| Sternola v. Aljian (23-266 - Published)
Custody order; Taking Judicial Notice; Adjudicative Facts; Imputed Income; Delayed Entry of Order; | |
| Warren v. Snowshoe LTC Grp., LLC (22-595 - Published)
N.C.R. Civ. P. 6(b), N.C.R. Civ. P. 41(a), statute of limitations, appellate rules violations, certiorari | |
| Unpublished Opinions 19 March 2024 - Rule 30e - Zip File of Unpublished Opinions Mandate: 8 April 2024 | |
| Burleson v. Burleson (23-187 - Unpublished)
Rule 11; award; attorney's fees; separation; mediation; frivolous claim; divorce; summary judgment. | |
| Est. of Barry v. Blue (23-599 - Unpublished)
N.C. R. Civ. P. 59; N.C. R. Civ. P. 60; Motion to amend judgment; Motion to conform judgment; N.C. R. App. P. 10(a)(1)–(2); tortious interference with inheritance. | |
| In re A.G.C. (23-355 - Unpublished)
termination of parental rights; N.C. Gen. Stat. 7B-1111(a)(7); willful abandonment | |
| In re A.Z.M.M. (23-539 - Unpublished)
notary, expiration, judicial notice | |
| In re C.W.M. (23-702 - Unpublished)
termination of parental rights, willful failure to make reasonable progress, findings of fact | |
| In re D.G.E. (23-622 - Unpublished)
termination of parental rights, incarceration, reasonable progress | |
| In re E.D-A. (22-1002 - Unpublished)
termination of parental rights, residing in the home, motion for recusal | |
| In re E.G.C. (23-683 - Unpublished)
Rule 803(4); Fifth Amendment privilege against self-incrimination; N.C.G.S. § 7B-1111(a)(1) | |
| In re K.M.S. (23-787 - Unpublished)
placement; trial court; juvenile; best interest; ad litem; injuries; foster; visitation; no merit. | |
| In re L.L. (23-273 - Unpublished)
Rule 3.1; Juvenile Abuse Neglect Dependency Proceeding; Permanency Plan; Guardianship; No Abuse of Discretion, Competent Evidence, Clear and Convincing; Affirmed | |
| In re M.G.W. (23-271) - [Withdrawn by order of the Court] | |
| In re S.C. (23-615 - Unpublished)
appeal timeframes, motion to dismiss, provision providing greater punishment | |
| In re S.D.Z. (23-828 - Unpublished)
termination of parental rights; willful abandonment; private petition; best interests determination | |
| In re S.M.B. (23-862 - Unpublished)
adjudication order, neglect, N.C. R. App. P. 3.1(e), no-merit brief | |
| In re Z.C. (23-835 - Unpublished)
Termination of parental rights; Adjudication; Disposition; N.C. Gen. Stat. § 7B-1111(a)(1); Neglect; Findings of Fact; Conclusions of law; Grounds for termination; Clear, cogent, and convincing evidence | |
| Kean v. Kean (23-46 - Unpublished)
summary judgment; breach of contract; specific performance; contract interpretation | |
| State v. Allison (23-635 - Unpublished)
castle doctrine, plain error, presumption of reasonableness, rebuttable | |
| State v. Bennett (23-461 - Unpublished)
larceny of a firearm; assault with a deadly weapon; habitual felon; admissibility of felony conviction; intent | |
| State v. Boyce (23-779 - Unpublished)
Jury Instructions; Flight; Ineffective Assistance of Counsel Claim; No Error. | |
| State v. Burnette (23-162 - Unpublished)
Motion for Mistrial, Prior Record Level Determination | |
| State v. Calderon (23-400 - Unpublished)
First Degree Murder; Premeditation and Deliberation; Motion to dismiss; Lack of Provocation; | |
| State v. Conner (23-470 - Unpublished)
N.C. Gen. Stat. § 15A-1340.19B(a)(2); Life with the possibility of parole for juvenile offenders; 40-year bright-line rule; Defacto life without parole; Law of the case; N.C. Gen. Stat. § 15A-1354(a) (2023). | |
| State v. Covington (23-480 - Unpublished)
motion for appropriate relief; Anders v. California; State v. Kinch; possible prejudicial error; wholly frivolous | |
| State v. Crump (23-53 - Unpublished)
unauthorized use of a motor vehicle, reasonable suspicion, motion to suppress | |
| State v. Hancock (23-758 - Unpublished)
Motion to Dismiss; N.C.G.S. § 90-95(a)(1) | |
| State v. Jones (23-687 - Unpublished)
probation revocation; commission of a new criminal offense; no abuse of discretion | |
| State v. Leggette (23-849 - Unpublished)
probation revocation; revocation post-expiration of probationary term; no finding of "good cause"; remand for findings | |
| State v. Lewis (23-644 - Unpublished)
Alford plea; Anders brief; remand for correction of clerical errors | |
| State v. Melvin (22-859 - Unpublished)
assault with deadly weapon inflicting serious injury, assault inflicting serious injury, deadly weapon | |
| State v. Pate (23-738 - Unpublished)
Hearsay; clerical error | |
| State v. Price (23-367 - Unpublished)
Restitution award; Remand for a new award; State conceded error; | |
| State v. Rick (23-10 - Unpublished)
first degree murder, opinion testimony, testimony regarding truthfulness | |
| State v. Swain (23-807 - Unpublished)
Anders brief; No meritorious issue; Dismissed | |
| State v. Walker (23-681 - Unpublished)
attempted first-degree murder; robbery with a dangerous weapon; pro se defendant; waiver of the right to counsel; failure to sua sponte declare a mistrial; no error | |
| Stroupe v. Wood (23-127 - Unpublished)
contributory negligence, directed verdict, jury instructions | |
| Venters v. Lanier (23-870 - Unpublished)
interlocutory appeal; order allowing motion to amend request for admissions and to reconsider summary judgment does not affect a substantial right. |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 35 PETITIONS AND 244 MOTIONS.
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Filed: 5 March 2024 Mandate: 25 March 2024 Zip File of Published Opinions Case Title / Description | |
| Causey v. Southland Nat'l Ins. Corp. (23-725 - Published)
Liquidation; Rehabilitation; intervention; intervenor; standing; permissive intervention; intervention of right | |
| Happel v. Guilford Cnty. Bd. of Educ. (23-487 - Published)
42 U.S.C. § 247d-6d; PREP Act; COVID liability immunity; Federal preemption; N.C. Gen. Stat. § 90-21.5(a1); COVID vaccination. | |
| In re: R.G. (23-625 - Published)
permanency planning order; UCCJEA; reunification; NCGS 7B-1001; foreign court order. | |
| In re: R.G. (23-790 - Published)
permanency planning order; UCCJEA; reunification; NCGS 7B-1001; foreign court order. | |
| Robinson v. Halifax Reg'l Med. Ctr. (23-641 - Published)
expert witness; qualify; discovery; reasonable expectation; N.C. R. Civ. P. 9(j); N.C. R. Evid. 702; certification; motion to dismiss; malpractice claim; wrongful death claim | |
| State v. Aguilar (23-556 - Published)
Rule of evidence 701; lay opinion testimony; error preservation; rule of evidence 608(a) | |
| State v. George (22-958 - Published)
trial court; reasonable suspicion; CBD; dog sniff; open air sniff; controlled substance; law enforcement officer; implicate; Hemp Act; motion to suppress; habitual felon; trafficking; heroin; possession; reasonable stop; marijuana residue; destroying evidence; resisting a public officer. | |
| State v. Jackson (22-280 - Published)
Second-degree forcible sex offense; Second-degree forcible rape; First-degree kidnapping; Assault on a female; Interfering emergency communication; Assault with a deadly weapon; Assault inflicting serious injury; Habitual misdemeanor assault; Sixth Amendment; Ineffective assistance of counsel; Structural error; Jurisdiction; Absolute impasse; Harbison error; Admit guilt; Closing argument; Physical injury; Serious injury; N.C. Gen. Stat. § 14-33.2; Indictment; Facial validity; No error. | |
| State v. Lindsay (23-563 - Published)
Hearsay; prior consistent statements; corroborative evidence; closing arguments; ex mero motu; plain error; bench trial; presumption that the trial judge ignored inadmissible evidence. | |
| State v. Smith (23-645 - Published)
driving while impaired, notice of appeal, petition for writ of certiorari, motion to dismiss, ineffective assistance of counsel, substantial evidence | |
| State v. Smith (23-575 - Published)
contempt; right to counsel; forfeiture | |
| Unpublished Opinions 5 March 2024 - Rule 30e - Zip File of Unpublished Opinions Mandate: 25 March 2024 | |
| Blackwell v. N.C. Dep't of Pub. Instruction/Buncombe Cnty. Schs. (23-418 - Unpublished)
lump sum payment, disability, unusual case, best interest of the employee | |
| C.J. Chadwick & Assocs., LLC v. Chadwick (23-515 - Unpublished)
preliminary injunction; adverse possession; irreparable harm; competent evidence. | |
| Curlings v. Ireland (23-767 - Unpublished)
motor vehicle collision; opinion of law enforcement officer; N.C. R. Evid. 702; cross-examination; “opening the door;” evidentiary ruling; abuse of discretion standard | |
| Fenty v. Wake Cnty. Pub. Sch. Sys./N.C. Dep't of Pub. Instruction (23-696 - Unpublished)
Industrial Commission, worker’s compensation, disability | |
| Heijmen v. Heijmen (23-509 - Unpublished)
motion to compel discovery, child custody | |
| In re A.A.G. (23-766 - Unpublished)
Adjudication and disposition; Termination of parental rights; N.C. Gen. Stat. § 7B-1111(a)(9); Conclusion of law; Ultimate finding | |
| In re A.W. (23-455 - Unpublished)
termination of parental rights, insufficient findings of fact, neglected juvenile, remand | |
| In re B.L.J. (23-582 - Unpublished)
Termination of parental rights | |
| In re D.J.W. (23-347 - Unpublished)
Termination of Parental Rights, Motion to Dismiss | |
| In re E.C. (23-143 - Unpublished)
permanency planning; child custody; N.C. Gen. Stat. section 7B-911 | |
| In re K.E. (23-570 - Unpublished)
3.1 TPR; N.C.G.S. § 7B-1111(a)(1); | |
| In re L.E. (23-191 - Unpublished)
Juvenile Adjudication and Disposition; Right to Counsel, Waiver of Counsel, Knowing and Voluntary Waiver, Gatekeeping Order, Modification of Visitation, De Novo, Abuse of Discretion; Vacated; Remanded. | |
| In re R.V.D. (23-613 - Unpublished)
Termination of Parental Rights; N.C. Gen. Stat. § 7B-1111(a)(6); Dependency; Appropriate Child Care Arrangement; Care and Supervision; | |
| In re V.W. (23-649 - Unpublished)
no-merit brief, termination of parental rights, independent appellate review | |
| Keenan v. Fed. Express Corp. (23-723 - Unpublished)
Workers' Compensation; expert testimony; medical diagnosis; causation of injuries; sufficiency of evidence | |
| Miller v. Soudrette (23-493 - Unpublished)
12(b)(6) motion to dismiss; N.C.G.S. § 47G-2(b); | |
| State v. Bennett (23-502 - Unpublished)
Jury trial; Trafficking cocaine; Possession with intent to sell or deliver cocaine; Cocaine; Rule 702; Expert witness; Expert testimony; Foundation; IAC; Jury instruction; Plain Error; Methodology; Baseless speculation; Chemical analysis | |
| State v. Corpening (23-707 - Unpublished)
N.C. R. App. P. 21(a)(1); Treat an appeal as a petition for writ of certiorari; Direct criminal contempt; N.C. Gen. Stat. § 5A-11. | |
| State v. Freeman (23-731 - Unpublished)
plain error, Rule 609 evidence, flee to elude arrest | |
| State v. Hudson (23-336 - Unpublished)
firearm; constructive possession; passenger; seat; felon; trial court; front passenger seat; jury; prejudicial statement; guilty; totality of the circumstances; jury instructions. | |
| State v. Lawson (23-611 - Unpublished)
hearsay; plain error; ineffective assistance of counsel | |
| State v. McDowell (23-277 - Unpublished)
first-degree murder; prior statements as corroborative evidence; additional facts adding weight and credibility; custodial interrogation of a minor; age of majority for minors; co-inmate not an agent of the State | |
| State v. McKinley (23-442 - Unpublished)
impeachment evidence, self-defense instruction, cumulative error | |
| State v. Ospina (23-454 - Unpublished)
Indecent Liberties with a Minor; PWC; writ of certiorari; sexual gratification; arousal | |
| Strickland v. Strickland (23-353 - Unpublished)
equitable distribution order; service of process; joinder; failure to join a necessary party; | |
| Webster v. Devane-Webster (22-975 - Unpublished)
trial court; postseparation support; contempt; parenting coordinator; purge; permanent child support; attorney's fees. | |
| Webster v. Devane-Webster (22-976 - Unpublished)
trial court; postseparation support; contempt; parenting coordinator; purge; permanent child support; attorney's fees. | |
| Webster v. Devane-Webster (22-977 - Unpublished)
trial court; postseparation support; contempt; parenting coordinator; purge; permanent child support; attorney's fees. |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 35 PETITIONS AND 244 MOTIONS.
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Filed: 20 February 2024 Mandate: 11 March 2024 Zip File of Published Opinions Case Title / Description | |
| Cape Homeowners Ass'n, Inc. v. S. Destiny, LLC (23-593 - Published)
interlocutory, lack of appellate jurisdiction, substantial right, motion to intervene, property rights, statement of the grounds for appellate review | |
| Durbin v. Durbin (23-308 - Published)
modification of child custody, parenting coordinator, substantial change in circumstances. | |
| In re: Jones (23-594 - Published)
reverse mortgage; valid debt; credit-counseling provision; equitable defenses | |
| In re: Laliveres (23-742 - Published)
Sex offender registration; Substantially similar offense; Reportable offense; Out-of-State offense; N.C. Gen. Stat. § 14-27.22; N.C. Gen. Stat. § 14-208.12B(c); Sex Offender and Public Protection Registration Program; N.C. Gen. Stat. § 14-208.7(a). | |
| Longphre v. KT Fin., LLC (23-660 - Published)
Promissory Note; Entity Borrower; Plain and Unambiguous Terms; Accrual of Interest; N.C. Gen. Stat. § 24-3(1)(2023); Statutory Attorney's Fees; Prior Notice to Seek; N.C. Gen. Stat. § 6-21.2(1)-(2)(2023); | |
| The N.C. State Bar v. DeMayo (23-391 - Published)
Rules of Professional Responsibility; Rule 8.4(c); Order of Discipline | |
| Smith v. Smith (23-339 - Published)
Equitable distribution; Unequal distribution; N.C. Gen. Stat. § 50-20(c) | |
| State v. Chambers (22-1063 - Published)
juror substitution, jury deliberations, properly constituted jury, NC Constitution, Article 1, Section 24, NC Gen Stat. 15A-1215 (a) | |
| State v. Coffey (22-883 - Published)
sufficiency of indictment; common law obstruction of justice; motion to dismiss | |
| State v. Cox (23-260 - Published)
plain error; expert witness qualification; Rule of Evidence 702; expert testimony | |
| State v. Hair (22-987 - Published)
jury instruction, sever, joinder, plain error | |
| State v. Jones (23-647 - Published)
Felon Fleeing to Elude Arrest; Assault on Law Enforcement Officer; Waiver and/or Forfeiture of Counsel; N.C. Gen. Stat. 15A-1242; Expert Witness; Rule 702; Plain Rule; | |
| State v. Martin (23-190 - Published)
no error in failing to dismiss charges for insufficient evidence; no error in admitting Rule 404(b) evidence; no error in failing to intervene ex mero motu in opening statement and closing argument; dismissal of ineffective assistance of counsel claim without prejudice | |
| State v. Miller (22-689 - Published)
Statutory Interpretation; N.C. Gen. Stat. § 90-95(h)(4); Stare Decisis; Motion to Dismiss; Jury Instructions; Sentencing Factors. | |
| State v. Simpson (23-562 - Published)
Jury selection; Judge excusing jurors for cause without challenge by party; Excusing for cause; Motion to dismiss; DWI. | |
| Williams v. Charlotte-Mecklenburg Sch. Bd. of Educ. (22-893-2 - Published)
Tort Claims Act; Emergency Management Act; Negligence; Industrial Commission; Sovereign Immunity; Summary Judgment. | |
| Unpublished Opinions 20 February 2024 - Rule 30e - Zip File of Unpublished Opinions Mandate: 11 March 2024 | |
| C.P. v. Parker (23-170 - Unpublished)
domestic violence, subject matter jurisdiction, AOC forms | |
| Davis v. Crews (23-571 - Unpublished)
Enforcement of real property settlement agreement | |
| Glinsky v. Kuester Mgmt. Grp., LLC (23-208 - Unpublished)
interlocutory; motion to compel; discovery; privilege log; unfair and deceptive trade practices; damages; substantial right; interrogatories. | |
| In re I.S. (23-519 - Unpublished)
termination of parental rights; neglect; | |
| In re N.L.N. (23-630 - Unpublished)
Termination of Parental Rights, Abuse of Neglect | |
| Jhang v. Templeton Univ. (22-869 - Unpublished)
full faith and credit; represented by counsel; foreign judgment; motion; service; motion for enforcement of a judgment; service of process. | |
| Maymead, Inc. v. Alexander Cnty. Bd. of Educ. (22-953-2 - Unpublished)
Tort Claims Act; Emergency Management Act; Negligence; Industrial Commission; Sovereign Immunity; Summary Judgment. | |
| Mileview LLC v. Rsrv. II at Sugar Mountain Condo. Owner's Ass'n (23-603 - Unpublished)
action by homeowner’s association, reasonableness of amendment, jurisdiction of trial court pending appeal. | |
| Nelson v. Oakley (23-840 - Unpublished)
Abuse of discretion; expert testimony; helpful to the jury; admissible; causation; possible causation; exclusion of evidence; Rule 403; relevant; probative value; prejudice | |
| Phillips v. Phillips (23-504 - Unpublished)
subject matter jurisdiction, oral notice, consent to voluntary dismissal | |
| State v. Blacksheare (23-572 - Unpublished)
Trafficking heroin; Transportation; Possession; Motion to dismiss; Substantial evidence; Essential elements; Actual possession; Constructive possession; Proximity to the substance; Suspicious behavior; No Error | |
| State v. Caldwell (23-126 - Unpublished)
Motion to Dismiss; Possession with Intent to Sell or Deliver | |
| State v. Clinton (23-463 - Unpublished)
attempted first degree murder; assault with a deadly weapon with intent to kill; possession of a firearm by a felon; clerical error; aggravating factors. | |
| State v. Davis (23-557 - Unpublished)
criminal law; plea negotiations; ineffective assistance of counsel; motion for appropriate relief; conclusion of law; sentencing; out-of-state offense; substantially similar | |
| State v. Harris (23-607 - Unpublished)
probation revocation, subject matter jurisdiction, no abuse of discretion. | |
| State v. Holmes (23-601 - Unpublished)
statutory rape, statutory sexual offense, indecent liberties, resentencing | |
| State v. Lipscomb (23-407 - Unpublished)
Rule 702(a); expert testimony; reliability requirement; DNA analysis; partial-major DNA profile; statistical analysis; no plain error. | |
| State v. Lockett (23-713 - Unpublished)
criminal law; motion to dismiss; speeding to elude arrest; reasonable suspicion; traffic stop; imputed reasonable suspicion | |
| State v. Marroquin (23-111 - Unpublished)
Witness testimony; accident reconstruction, expert testimony required; implicit admission as an expert; prior acts evidence under Rule 404(b); malice evidence; no prejudicial error | |
| State v. Martin (23-47 - Unpublished)
Shackling; 404(b) evidence; Rule 403; Motion to Dismiss; hearsay | |
| State v. Moore (23-380 - Unpublished)
assault with a deadly weapon; assault on a female; intent; motion to dismiss; jury instruction on flight | |
| State v. Perry (23-375 - Unpublished)
robbery with a dangerous weapon, reasonable inference, circumstantial evidence | |
| State v. Stewart (23-291 - Unpublished)
Closing arguments; Harbison inquiry | |
| State v. Tate (23-11 - Unpublished)
double jeopardy; sufficiency of evidence; indecent liberties; statutory rape; fifth amendment. | |
| State v. Walker (23-585 - Unpublished)
Habitual Larceny; Habitual Felon; Video Surveillance; Identification of a defendant; Lay opinion testimony; Limiting Instruction; | |
| Torres v. Kidd (23-209 - Unpublished)
physical custody, legal custody, findings of fact, decision making authority |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 35 PETITIONS AND 244 MOTIONS.
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|
Filed: 6 February 2024 Mandate: 26 February 2024 Zip File of Published Opinions Case Title / Description | |
| Hanson v. Charlotte-Mecklenburg Bd. of Educ. (22-1044 - Published)
Special Separation Allowance; Supplemental Retirement Income Plan; Local Government Employees' Retirement System | |
| In re: K.C. & M.A. (23-612 - Published)
A/N/D petition; Dismissal of juvenile petition ends jurisdiction; Subject matter jurisdiction; Void judgments; N.C. Gen. Stat. §§ 7B-201 and 7B-807; Rule 59 and Rule 60 motions are not substitutes for appeal. | |
| Land v. Whitley (23-250 - Published)
COVID-19; The Emergency or Disaster Treatment Protection Act; Health care; Limited immunity; Statutory immunity; Medical malpractice; Gross negligence; Duty of care; Surgical complications; N.C. Gen. Stat. § 90-21.133(a); Rule 12(b)(1); Rule 12(b)(2); Rule 12(b)(6); Rule 9(j). | |
| Moseley v. Hendricks (23-576 - Published)
summary judgment; contributory negligence; last clear chance defense; punitive damages. | |
| Silwal v. Akshar Lenoir, Inc. (23-589 - Published)
summary ejectment, abuse of discretion, memorandum of lease | |
| State v. Bowman (23-82 - Published)
Jury Instructions; Plain Error; Forcible Sexual Offense; Unanimous Verdict; Clerical Errors; Reverse; Remand. | |
| State v. Buchanan (23-517 - Published)
motion to dismiss, felony child abuse inflicting serious bodily injury, expert witness testimony, jury instructions, defense of accident, lesser-included offenses, plain error | |
| State v. Golphin (22-713 - Published)
life imprisonment without the possibility of parole, Miller, first-degree murder, N.C. Gen. Stat. Section 15A-1340.19B | |
| State v. Guerrero (23-377 - Published)
motion to suppress; probable cause; canine-sniff; search and seizure; Fourth Amendment; legalization of hemp; trafficking; possession; lesser included offense. | |
| State v. Mincey (23-447 - Published)
Guilty plea; Factual basis; N.C. Gen. Stat. § 15A-1022(c); Habitual felon status. | |
| State v. Robinson (23-365 - Published)
No Preservation; Plain Error Review; Issue Abandonment; Fair Cross Section Challenge; Sixth Amendment. | |
| True Homes, LLC v. City of Greensboro (23-48 - Published)
municipal authority, public water and sewer system development fee act, motion to strike evidence, N.C. Gen Stat 160A-314(a) | |
| Unpublished Opinions 6 February 2024 - Rule 30e - Zip File of Unpublished Opinions Mandate: 26 February 2024 | |
| Cashion v. Cashion (23-327 - Unpublished)
interlocutory jurisdiction; substantial right; preliminary injunction | |
| Connette v. The Charlotte-Mecklenburg Hosp. Auth. (23-460 - Unpublished)
law of the case; remand; mandate | |
| In re J.M.M.M. (23-540 - Unpublished)
termination of parental rights, notice, insufficient findings of fact | |
| In re K.J.B.H. (23-632 - Unpublished)
Delinquent; sexual battery; sexual arousal; sexual gratification; maturity, intent, and experience; age disparity; control by the juvenile; secretive nature; attitude; third-party witness | |
| Miller v. E. Band of Cherokee Indians (23-278 - Unpublished)
Sovereign immunity; Contract rescission; Voluntary dismissal; Restitution; Valid remedy; Moot; Property; Necessary party; Valid judgment. | |
| Odindo v. Kanyi (23-794 - Unpublished)
Domestic violence; child custody | |
| Payne v. Raynor (23-780 - Unpublished)
lease contract; setoff defense; findings of fact; conclusions of law; competent evidence. | |
| Phillips v. Extra Space Mgmt., Inc. (23-303 - Unpublished)
Motion for directed verdict; Motion for new trial; Breach of contract; Fraudulent inducement and fraudulent misrepresentation; Breach of the implied covenant of good faith and fair dealing; Unfair and deceptive trade practice; Negligent misrepresentation; Gross negligence; Sufficient evidence; Jury verdict; No error. | |
| Porter v. Goodyear Tire & Rubber Co. (23-631 - Unpublished)
Worker's compensation | |
| Sanders v. N.C. Dep't of Transp. (22-440 - Unpublished)
map act, definite takings, interlocutory appeals | |
| State v. Alvarado (23-385 - Unpublished)
Motion in limine; Sexual Assault; North Carolina Rules of Evidence; North Carolina Rule of Evidence 412; Rape-Shield Statute; Ineffective Assistance of Counsel; Issue Preservation; Exclusion of Evidence; Voire Dire; No error. | |
| State v. Armstrong (23-220 - Unpublished)
Assault by strangulation; Habitual misdemeanor assault; Predicate assault; N.C. Gen. Stat. § 14-33(c); Sentencing error; N.C. Gen. Stat. § 14-32.4(b); N.C. Gen. Stat. § 14-33.2; Distinct interruption; Intervening event. | |
| State v. Barnes (23-239 - Unpublished)
ex mero motu, expert testimony, plain error | |
| State v. Benbow (23-315 - Unpublished)
jury instructions; self-defense; stand your ground | |
| State v. Boynton (23-484 - Unpublished)
Motion in limine; First Degree Murder; North Carolina Rules of Evidence; North Carolina Rule of Evidence 404(b); North Carolina Rule of Evidence 403; Character Evidence; Prior bad acts; Other Purposes; Testimony Admissibility; Jury Instructions; Ineffective Assistance of Counsel; Plain Error; No error. | |
| State v. Cooper (22-662 - Unpublished)
first-degree murder; motion to suppress; cell site location information; Rules of Evidence 404(a), 404(b), and 403. | |
| State v. Hill (23-264 - Unpublished)
Motion to dismiss; first-degree murder; evidence of malice, premeditation, and deliberation; juror challenge for cause; plain error; jury instructions; second-degree murder | |
| State v. Huntley (23-346 - Unpublished)
Absolute impasse; State v. Ali, 329 N.C. 394, 407 S.E.2d 183 (1991); Same events, joined charges; Prior record level calculation; Conceded errors; | |
| State v. Ingram (23-207 - Unpublished)
drug trafficking, investigatory stop, motion to suppress | |
| State v. Jones (22-981 - Unpublished)
first-degree rape, first-degree kidnapping, first-degree sexual offense, first-degree burglary, motion to dismiss, insufficiency of evidence, substantial evidence, separate and distinct acts. | |
| State v. Kirkpatrick (23-449 - Unpublished)
IAC, TC error in PWISD methamphetamine case | |
| State v. McCants (23-511 - Unpublished)
waiver of right to be present at trial; preservation; Rule 2 | |
| State v. McCoy (23-329 - Unpublished)
Ineffective assistance of counsel; motion to suppress; search warrant application; motion for appropriate relief; dismissal without prejudice. | |
| State v. McKinnon (22-813 - Unpublished)
Speedy trial, speedy appeal, sixth amendment, article I, section 18, SBM, lifetime SBM, satellite based monitoring, delayed appeal, unperfected appeal, motion for appropriate relief. | |
| State v. Mertes (23-512 - Unpublished)
Writ of certiorari; Untimely appeal; Motion for appropriate relief; MAR; N.C. Gen. Stat. § 15A-1444; N.C. R. App. P. 4(a)(1) and (2); N.C. R. App. P. 21(a)(1). | |
| State v. Pratt (23-822 - Unpublished)
Revocation of Probation; Hearing after Probation expired; Finding of good cause; N.C. Gen. Stat. § 15A-1344; Unexplained delays; State conceded error; | |
| State v. Roberts (23-501 - Unpublished)
revocation of probation, right to confrontation, revocation after expiration of probationary period. | |
| State v. Roebuck (23-335 - Unpublished)
sexual activity by custodian; meaning of "custody"; issue precluded by precedent; preserving challenge for further appeal | |
| State v. Spruill (23-12 - Unpublished)
Curative Instructions; Stricken Testimony; Sua Sponte; Rule 404; Vouching; No Plain Error. | |
| State v. Velasquez (23-368 - Unpublished)
Second Degree Rape; Second Degree Forcible Sex Offense; Motion to Dismiss; Expert Witness; Closing Argument; Plain Error; | |
| State v. Velez (23-199 - Unpublished)
accessory after the fact, aggravated sentence, right to jury trial | |
| State v. Williams (23-628 - Unpublished)
United States v. Rodriguez; suppression; probable cause; reasonable suspicion | |
| The Venable Grp., LLC v. Snow (23-483 - Unpublished)
breach of contract, summary judgment, attorney’s fees. | |
| Troutt v. Watson (23-535 - Unpublished)
Interlocutory; N.C. Gen. Stat. § 1-277; Substantial right; Inconsistent verdicts; LLC; N.C. Gen. Stat. § 57D-6-02(2); Dissolution; N.C. Gen. Stat. § 57D-6-03(d); Forced sale. | |
| Virmani v. Prof'l Sec. Ins. Co. (23-580 - Unpublished)
insurance policy interpretation, NC Medical Board investigation, claims made and reported policy |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 35 PETITIONS AND 244 MOTIONS.
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Filed: 16 January 2024 Mandate: 5 February 2024 Zip File of Published Opinions Case Title / Description | |
| Ennis v. Haswell (23-534 - Published)
underinsured motorist insurance; subrogation; advancement; statutory interpretation | |
| Hill v. The Div. of Soc. Servs. (23-197 - Published)
Medicaid; caretaker relative; regulatory interpretation; irreconcilable conflict | |
| Maness v. Kornegay (23-301 - Published)
Child custody | |
| Smith Debnam Narron Drake Saintsing & Myers, LLP v. Muntjan (23-324 - Published)
Contract; Guaranty; Statute of Frauds; Main Purpose Rule; Signed Memorandum; Quantum Meruit; Reversed | |
| State v. Ball (22-1029 - Published)
Kidnapping; Rape; Sexual assault; Motion to dismiss; SANE exam report; Expert witness testimony; Confrontation Clause; Plain error; Closing argument; ex mero motu. | |
| State v. Forney (23-338 - Published)
DWI | |
| State v. Guffey (22-1043 - Published)
essential elements, continuing criminal enterprise, fatal ambiguity | |
| State v. Hagaman (22-434 - Published)
motion to suppress, indecent liberties with a child, search warrant | |
| State v. Springs (23-9 - Published)
State's appeal of trial court order granting defendant's motion to suppress evidence; appellate rules violations | |
| Unpublished Opinions 16 January 2024 - Rule 30e - Zip File of Unpublished Opinions Mandate: 5 February 2024 | |
| Horsey v. Goodyear Tire & Rubber Co. (23-107 - Unpublished)
Industrial commission; Workers compensation; Temporary disability benefits; Change in treating physician; Functional capacity evaluation; Maximum medical improvement; N.C. Gen. Stat. § 97-25(a); N.C. Gen. Stat. § 97-2(9) | |
| In re Est. of Blue (23-505 - Unpublished)
Will Contest; Summary Judgement; Undue Influence; Testator's Intent; | |
| In re P.C. (23-253 - Unpublished)
Reasonable efforts, visitation, guardianship | |
| In re Z.M. (23-45 - Unpublished)
3.1; child custody; adjudication of neglect and dependency | |
| Jonna v. Yaramada (22-954 - Unpublished)
child support; findings of fact; mandate; sanctions | |
| MAXISIQ, LLC v. Howard (23-478 - Unpublished)
Error by TC in granting summary judgment | |
| Milford v. Milford (23-379 - Unpublished)
Equitable distribution | |
| Munn v. N.C. Dep't of Pub. Safety (23-299 - Unpublished)
North Carolina Industrial Commission, Tort Claims Act, Negligence, North Carolina Department of Public Safety, State Actor, Duty of Care, Foreseeable Harm, Inmate, Findings of Fact, Competent Evidence, Conclusions of Law, De Novo; Affirmed. | |
| Nlend v. Nlend (23-516 - Unpublished)
absolute divorce; motion to stay proceedings; foreign jurisdiction; interlocutory jurisdiction; petition for writ of certiorari; findings of fact; absence of transcript or narrative from appellate record | |
| Peele v. Peele (23-614 - Unpublished)
jurisdiction, child custody, permanent custody order | |
| Perez v. Perez (23-371 - Unpublished)
proper venue; residency; equitable distribution; separation and support; service of order; timeliness of appeal | |
| State v. Gill (23-381 - Unpublished)
Ineffective assistance of counsel; Restitution; Search warrant; Affidavit; Probable cause; Fourth Amendment; Totality of circumstances; Application for search warrant; Motion to suppress; Trial strategy; Crime Lab; N.C. Gen. Stat. § 7A-304(a)(7). | |
| State v. Glenn (23-201 - Unpublished)
Anders, Anders brief, motion to suppress, reasonable articulable suspicion. | |
| State v. Hall (23-320 - Unpublished)
ineffective assistance of counsel; motion for appropriate relief; motion to suppress; attempted robbery; exigent circumstances; probable cause; consent to search | |
| State v. Hollis (22-817 - Unpublished)
pattern jury instructions, defense of accident, murder, discharging of a firearm into occupied property, plain error, NCPI 307.10, NCPI 307.11. | |
| State v. Steele (23-425 - Unpublished)
larceny of motor vehicle; fleeing to elude arrest; resisting public officer; flight instruction | |
| State v. Willoughby (23-3 - Unpublished)
defense of habitation; second-degree murder; statutory presumption; jury instructions on involuntary manslaughter; redacting and striking of testimony; relevance; hearsay |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 35 PETITIONS AND 244 MOTIONS.
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Filed: 2 January 2024 Mandate: 22 January 2024 Zip File of Published Opinions Case Title / Description | |
| Bates v. Charlotte-Mecklenburg Historic Landmarks Comm'n (23-57 - Published)
Interlocutory appeal from two failed real estate transactions | |
| Culpepper v. N.C. Off. of Admin. Hearings (23-236 - Published)
N.C. Gen. Stat. § 126-5(c1)(27); Political affiliation discrimination; Job classification designation; Human Resources Act. | |
| In re: B.M.T. (22-377-2 - Published)
Consent for Adoption; Biological Father; financial support under N.C. Gen. Stat. § 48-3-601, warrantless search | |
| Meeker v. Meeker (22-931 - Published)
separation agreement, spousal support, cohabitation, specific performance, civil contempt | |
| N.C. Dep't of Health & Hum. Servs. v. Peace (22-918 - Published)
Error by ALJ and trial court in review of administrative agency decision | |
| State v. Borlase (22-985 - Published)
life without parole, Juvenile offender, N.C. Gen Stat SS 15A-1340.19b | |
| State v. Thompson (22-1036 - Published)
Motion for Mistrial; Abuse of Discretion; Intoxicated Witness | |
| The Town of Forest City v. Florence Redevelopment Partners, LLC (23-401 - Published)
summary judgment; contracts; pre-audit certificate requirement; waiver; governmental immunity; unjust enrichment | |
| Town of La Grange v. Cnty. of Lenoir (23-495 - Published)
Planning Board; de novo; whole record test; in pari materia; | |
| Unpublished Opinions 2 January 2024 - Rule 30e - Zip File of Unpublished Opinions Mandate: 22 January 2024 | |
| Davis v. Hayes Hofler, P.A. (22-1028 - Unpublished)
motion to dismiss, 12(b)(6), negligence, negligent representation, Rule 60, "last act", "last wrongful act", statute of limitations, continued representation, conclusion of law, date of discovery, tolling. | |
| In re B.O.R. (23-434 - Unpublished)
Guardianship award to foster parents; Standard of Proof finding required for parental rights; Visitation; Cessation of Reunification Efforts | |
| In re C.H. (22-476-2 - Unpublished)
involuntary commitment; confrontation right; preservation; findings of fact; clear, cogent, and convincing evidence; prejudice | |
| In re C.L.S. (23-507 - Unpublished)
writ of certiorari, kinship placement, timely appeal | |
| In re E.O.N. (23-352 - Unpublished)
Guardianship; Neglect; Dependency; Permanency planning hearing; Costs of supervised visitation; Parent's ability to pay; N.C. Gen. Stat. § 7B-906.1; Guardian's financial resources; Written findings of fact; N.C. Gen. Stat. § 7B-905.1(c). | |
| In re E.T.P. (23-394 - Unpublished)
termination of parental rights, continuance, right to counsel, waiver of counsel, forfeiture of counsel. | |
| In re G.J.W.L. (23-458 - Unpublished)
Juvenile Delinquency; Adjudication; Disposition; Motion to Dismiss, Unpreserved, Rule 2; Sixth Amendment; Testifying Defendant; Self-Incrimination; De Novo; Reversed & Remanded. | |
| In re J.U. (20-812-2 - Unpublished)
motion to dismiss; preservation; appellate rule 2; sufficiency of evidence; juvenile petition; sexual battery. | |
| In re N.R.W. (23-440 - Unpublished)
Rule 3.1; termination of parental rights; adjudication; termination grounds; neglect; willful failure to make reasonable progress; willful failure to contribute to the cost of the juveniles’ care. | |
| In re R.B. (23-426 - Unpublished)
Child abuse and dependency adjudication, sufficiency of evidentiary findings of fact to support ultimate findings and conclusions of law | |
| In re S.C.M. (23-678 - Unpublished)
termination of parental rights, best interests, private action, adoption. | |
| In re S.W. (23-160 - Unpublished)
dependent, reunification, visitation | |
| Johnson v. Butler (23-692 - Unpublished)
summary judgment, breach of fiduciary duty, constructive fraud, trustee. | |
| Johnson v. Butler (23-693 - Unpublished)
summary judgment, breach of fiduciary duty, constructive fraud, trustee. | |
| Johnson v. Butler (23-694 - Unpublished)
summary judgment, breach of fiduciary duty, constructive fraud, trustee. | |
| Lowe v. Lowe (23-80 - Unpublished)
Competent evidence; Findings of fact; Attorney fees; Motion to dismiss; Waived | |
| Poimboeuf v. Merritt (23-229 - Unpublished)
Motion for Judgment Notwithstanding the Verdict; Slander per se; Punitive damages; N.C. Gen. Stat. § ID-15; | |
| Shay v. Shay (23-330 - Unpublished)
Domestic violence order of protection; DVPO; Competent evidence; NC Appellate Pro Bono Program; Motion to supplement; Findings of fact; Conclusions of law; Affirmed | |
| Spencer v. Goodyear Tire & Rubber Co. (23-430 - Unpublished)
opinion and award on remand; compensable occupational disease; causation; weight and credibility of the evidence; limited standard of review | |
| State v. Ford (23-374 - Unpublished)
Felony obstruction of justice; felony cruelty to animals | |
| State v. Forrest (22-1005 - Unpublished)
Trial court error in denial of motion to dismiss and in jury instruction in murder case | |
| State v. Parsons (23-200 - Unpublished)
indecent liberties with a child; hearsay; harmless error | |
| State v. Revels (23-148 - Unpublished)
voluntary manslaughter; calculation of prior record level; sentencing points; stipulation; evidence of prior convictions; prior record level worksheet; joinable offenses; federal conviction | |
| State v. Williams (23-408 - Unpublished)
waiver of counsel, writ of certiorari, pro se | |
| Tanger Props. Ltd. P'ship v. Legacy Libations Corp. (23-415 - Unpublished)
subject matter jurisdiction, small claims, summons, rule 4, magistrate, general civil action, small claims action, summary ejectment, de novo. | |