Court of Appeals Opinions

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Filed: 16 July 2019
Mandate: 5 August 2019
Zip File of Published Opinions

Case Title / Description
Bunting v. Bunting  (18-839 - Published)   Author: Judge Allegra Collins
domestic violence protective order; continuous harassment; legitimate purpose; emotional distress
Cheryl Lloyd Humphrey Land Inv. Co., LLC v. Resco Prods., Inc.  (19-76 - Published)   Author: Judge Christopher Brook
pleading; tortious interference with prospective economic advantage; Rule 12(b)(6); ultrahazardous activity; misrepresentation; Noerr-Pennington immunity; Noerr-Pennington doctrine; First Amendment; petitioning government bodies
Coates v. Durham Cty.  (18-1298 - Published)   Author: Judge Tobias Hampson
Interlocutory appeal; Appeal of superior court's remand to a municipal board for further proceedings is interlocutory and no substantial right affected; Special-use permit.
Dellinger v. Lincoln Cty.  (18-1080 - Published)   Author: Judge John Tyson
solar farms; quasi-judicial proceeding; conditional use permit; commissioner bias- recusal; failure to rebut prima facie case; standing to appeal.
In re: K.P.J. & K.L.J.  (17-1390 - Published)   Author: Judge Hunter Murphy
ICWA, Subject Matter Jurisdiction, Full Faith and Credit, Tribal Courts
Martin v. Martin  (18-465-2 - Published)   Author: Judge Valerie Zachary
domestic violence; admissibility of testimony supporting allegations of domestic violence not pleaded in the complaint; temporary child custody order; mootness
OSI Rest. Partners, LLC v. Oscoda Plastics, Inc.  (18-841 - Published)   Author: Judge Valerie Zachary
discovery sanctions; right to notice
Roybal v. Raulli  (18-1085 - Published)   Author: Judge Donna Stroud
Uniform Deployed Parents Custody and Visitation Act; limited contact; prior judicial orders
State v. Carey  (18-1233 - Published)   Author: Judge John Tyson
Weapons of mass death and destruction, exception to NCGS 14-288.8(c); Ejusdem Generis; Rule of Lenity; motion to dismiss.
State v. Crumitie  (18-781 - Published)   Author: Judge Wanda Bryant
EIRA; Eyewitness Testimony, Unavailable Expert Witness.
State v. Green  (18-1114 - Published)   Author: Judge Tobias Hampson
Prior-record-level calculations;Stipulations to the classification of a defendant's prior conviction; State v. Arrington, 371 N.C. 518, 819 S.E.2d 329 (2018).
State of NC, On Relation of City of Albemarle v. Nance  (18-916 - Published)   Author: Judge John Tyson
Public nuisance, NCGS 19-2.1; NCGS 160A-12; Rule 12(b)(6)motion to dismiss; subject matter jurisdiction; Abandonment of issue on appeal, Appellate Rule 28(a).
State v. Tincher  (18-1174 - Published)   Author: Judge Tobias Hampson
Subject-matter jurisdiction to revoke probation; N.C. Gen. Stat. Section 15A-1346; Procedures for imposing direct criminal contempt.
Unpublished Opinions
16 July 2019  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 5 August 2019 

Deutsche Bank Nat'l Tr. Co. v. Ferguson (18-1278 - Unpublished)   Author: Judge Chris Dillon
summary judgment; deed of trust; satisfaction; conveyance; foreclosure; bonafide purchaser for value; premature summary judgment; relevant evidence; mortgagee; mortgagor
Holland v. Parrish Tire Co. (18-809 - Unpublished)   Author: Judge Wanda Bryant
Worker's Compensation; Compensable Injury; Medical Expert; Findings of Fact.
Hux v. Wilson (18-1188 - Unpublished)   Author: Judge Chris Dillon
standing; grandparents; unfit; ?intact family rule?
In re M.C. (19-3 - Unpublished)   Author: Judge Phil Berger Jr.
Dependency and Neglect; Consent Adjudication Order
In re: D.M.G. (18-944 - Unpublished)   Author: Judge Chris Dillon
parental rights; termination; dependency; incarceration; foreseeability
In re: E.M. (18-1223 - Unpublished)   Author: Judge Chris Dillon
Termination of parental rights, no-merit brief
In re: Z.O.S-W. (18-1270 - Unpublished)   Author: Judge John Tyson
Termination of parental rights; neglect; Lack of reasonable progress; failure to support; petition for writ of certiorari, Appellate Rule 21; No-merit brief, Appellate Rule 3.1(e).
McCanless v. Buchanan (18-1077 - Unpublished)   Author: Judge Phil Berger Jr.
permanency planning; abused and neglected juveniles
Paul v. Fattah (19-47 - Unpublished)   Author: Judge John Tyson
Parental rights; permanent custody; conditional judgment; grandparent visitation; findings of fact.
Rhodes v. Robertson (18-1253 - Unpublished)   Author: Judge Christopher Brook
State v. Akins (18-743 - Unpublished)   Author: Judge Hunter Murphy
Anders Review; MAR
State v. Cathcart (18-1025 - Unpublished)   Author: Judge Hunter Murphy
Sexual offense; Plain Error; corpus delicti; Ineffective Assistance of Counsel
State v. Charles (18-945 - Unpublished)   Author: Judge Hunter Murphy
State v. Gullette (19-43 - Unpublished)   Author: Judge Chris Dillon
Post-conviction DNA testing, appointment of counsel, materiality
State v. Haddock (18-923 - Unpublished)   Author: Judge Tobias Hampson
Improper closing argument; Non-prejudicial error where evidence of guilt is overwhelming and uncontested.
State v. Johnson (18-719 - Unpublished)   Author: Judge Donna Stroud
felony murder, evidence, closing argument
State v. Moody (18-1216 - Unpublished)   Author: Judge Tobias Hampson
Probation revocation; Absconding; Sufficiency of evidence to support a finding of absconding.
State v. Smallwood (18-694 - Unpublished)   Author: Judge Lucy Inman
Hearsay Plain error Prejudice Attorney?s fees
State v. Vines (18-961 - Unpublished)   Author: Judge Lucy Inman
Motion to dismiss Theory of guilt Voluntary Intoxication Instruction
Stella Mare Ristorante & Pizzeria, Inc. v. Wall (18-1042 - Unpublished)   Author: Judge Linda McGee
Rule 41(b); Dismissed with prejudice; Findings of Fact; Lesser Sanctions
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 31 PETITIONS AND 175 MOTIONS.


Filed: 2 July 2019
Mandate: 22 July 2019
Zip File of Published Opinions

Case Title / Description
Boles v. Town of Oak Island  (18-806 - Published)   Author: Judge Valerie Zachary
statutory authority; municipal sewer service availability fees; undeveloped property
Musselwhite v. Cheshire  (18-1083 - Published)   Author: Judge Allegra Collins
Fraud; mistake; Rule 41(b) dismissal
Parker v. Colson  (18-145 - Published)   Author: Judge Hunter Murphy
Town Ordinance; negligence per se; premises liability
State v. Cagle  (18-720 - Published)   Author: Judge Phil Berger Jr.
Specific intent jury instruction; premeditation and deliberation jury instruction; trial court intervention ex mero motu
State v. Futrelle  (18-1289 - Published)   Author: Judge Hunter Murphy
Waiver of indictment; NCGS 15A-642(c)
State v. Lankford  (18-854 - Published)   Author: Judge Hunter Murphy
Motion to withdraw; Criminal Plea; Manifest Injustice
State v. Southerland  (18-1134 - Published)   Author: Judge Wanda Bryant
Attempt, taking indecent liberty with a child, motion to dismiss.
State v. Stevens  (17-584 - Published)   Author: Judge Hunter Murphy
Tolling the statute of limitations
Wells Fargo Bank, N.A. v. Stocks  (18-1171 - Published)   Author: Judge Lucy Inman
Statute of Limitations; Sealed Instrument; Reformation of Deed
Unpublished Opinions
2 July 2019  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 22 July 2019 

Atkins v. Town of Wake Forest (18-1167 - Unpublished)   Author: Judge Chris Dillon
Retaliatory Employment Discrimination Act, N.C. Gen. Stat. § 95-241, summary judgment, burden-shifting, nondiscriminatory purpose, evidence of pretext beyond speculation
Cooper v. Ismail (18-1166 - Unpublished)   Author: Per Curiam
Failure to preserve.
In re: Davis (18-882 - Unpublished)   Author: Judge John Arrowood
home foreclosure; deed of trust; power of attorney; NCGS § 45-102
In re: K.A.W. (19-164 - Unpublished)   Author: Judge Reuben Young
Involuntary Commitment
In re: Madara (19-26 - Unpublished)   Author: Judge Allegra Collins
County board of elections; voter challenge; standard of review.
Johnson v. PG Mgmt. Grp., LLC (18-1262 - Unpublished)   Author: Judge Reuben Young
Voluntary Dismissal, Bad Faith, Motion to Set Aside and Real Party in Interest
Morton v. Combs (18-689 - Unpublished)   Author: Judge Valerie Zachary
civil contempt; willful noncompliance with prior court orders; unchallenged findings of fact
Onizuk v. Onizuk (18-461 - Unpublished)   Author: Judge Wanda Bryant
Equitable distribution; alimony; marital misconduct; findings of fact; attorney fees.
Solesbee v. Brown (18-842 - Unpublished)   Author: Judge Hunter Murphy
Owelty; Partition by sale; Findings of Fact and Conclusions of Law
State v. Bair (18-830 - Unpublished)   Author: Judge Valerie Zachary
habitual impaired driving; driving while licensed revoked; ineffective assistance of counsel
State v. Blakeslee (18-974 - Unpublished)   Author: Judge Lucy Inman
Indictment Presentment State v. Baker
State v. Bunch (18-1287 - Unpublished)   Author: Judge John Tyson
possession of a firearm by a felon; habitual felon status; sentence in a presumptive range; presumption of regularity; colloquy after State's evidence.
State v. Campbell (18-883 - Unpublished)   Author: Judge Valerie Zachary
second-degree murder; discharging a weapon into occupied property; appeal following guilty plea; no-merit brief
State v. Cherry (18-619 - Unpublished)   Author: Judge Valerie Zachary
possession of a stolen motor vehicle; sufficiency of the evidence of defendant's knowledge that the vehicle was stolen
State v. Foster (18-975 - Unpublished)   Author: Judge John Arrowood
presentments; indictments
State v. Goforth (18-851 - Unpublished)   Author: Judge Allegra Collins
Motion to suppress; warrantless traffic stop; investigation of other crimes; measurable extension of stop; no independent reasonable suspicion
State v. Gutierrez (18-733 - Unpublished)   Author: Judge Valerie Zachary
jury instructions on reasonable doubt; denial of defendant's motion to suppress
State v. Harris (18-952 - Unpublished)   Author: Judge Reuben Young
Constitutional Reasonableness
State v. Miller (18-1041 - Unpublished)   Author: Judge Tobias Hampson
Motion to dismiss; Intent required for possession with intent to sell or deliver cocaine; Sufficiency of evidence required for proving habitual-felon status; and whether a habitual-felon-status trial constitutes a sentencing proceeding for purposes of the prohibition against sentencing a defendant in absentia.
State v. Miller (18-904 - Unpublished)   Author: Judge John Tyson
Anders, 386 U.S. 738 (1967); larceny from a merchant; double jeopardy; motion to dismiss; ineffective assistance of counsel; unpreserved errors waived.
State v. Radford (18-609 - Unpublished)   Author: Judge Valerie Zachary
denial of defendant's motion to suppress; reasonable suspicion; extension of a traffic stop; unauthorized term of probation
State v. Reaves-Speller (18-972 - Unpublished)   Author: Judge John Arrowood
subject-matter jurisdiction; presentment and indictment
State v. Scott (19-61 - Unpublished)   Author: Judge Valerie Zachary
possession of a firearm by a felon; possession of marijuana paraphernalia; evidence of constructive possession; driver's dominion and control of the vehicle
State v. Stark (18-802 - Unpublished)   Author: Judge Wanda Bryant
Indictment; jury instruction; admissability of evidence; invited error.
State v. Stevens (18-983 - Unpublished)   Author: Judge Valerie Zachary
appeal from judgment entered upon defendant's guilty plea; no-merit brief
State v. Winfield (19-56 - Unpublished)   Author: Judge John Arrowood
probation violation; actual and constructive possession; ineffective assistance of counsel; motion for appropriate relief
Wallace v. Wallace (19-77 - Unpublished)   Author: Judge John Arrowood
interlocutory appeal; substantial right; personal jurisdiction
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 31 PETITIONS AND 175 MOTIONS.


Filed: 18 June 2019
Mandate: 8 July 2019
Zip File of Published Opinions

Case Title / Description
Crazie Overstock Promotions, LLC. v. State of NC  (18-1034 - Published)   Author: Judge Chris Dillon
Summary judgment, gambling, video machines, chance versus skill, subterfuge
Ha v. Nationwide Gen. Ins. Co.  (19-75 - Published)   Author: Judge John Arrowood
insurance policy cancellations; statutory interpretation
Hunt v. NC Dep't of Pub. Safety  (18-1195 - Published)   Author: Judge John Arrowood
attorneys' fees; statutory authority
In re: D.A.Y.  (18-1226 - Published)   Author: Judge John Tyson
Termination of parental rights; jurisdiction; UCCJEA; Parental Kidnapping Prevention Act.
In re: K.J.  (18-639 - Published)   Author: Judge Hunter Murphy
involuntary commitment
In re: T.H. & M.H.  (18-926 - Published)   Author: Judge Chris Dillon
Termination of parental rights, change in permanency plan, consideration of relevant factors, right of review for no-merit briefs
Johnson v. NC Dep't of Pub. Safety  (18-822 - Published)   Author: Judge Hunter Murphy
Discrimination on the basis of sex; burden-shifting framework; veteran's preference
Koonts v. First Nat'l Bank  (18-1075 - Published)   Author: Judge John Arrowood
interlocutory appeal; substantial right; res judicata
NC Indian Cultural Ctr., Inc. v. Sanders  (18-807 - Published)   Author: Judge Tobias Hampson
Breach of contract; Session Law 2013-186; Termination of contract with State; Contract Clause; Takings Clause; Bill of Attainder; Implied covenant of quiet enjoyment; Failure to obtain proper service does not toll statute of limitations after voluntary dismissal.
Sfreddo v. Hicks  (18-1010 - Published)   Author: Judge Donna Stroud
summary judgment conducted at bench trial, motion to dismiss
State v. Barrett  (19-79 - Published)   Author: Judge John Tyson
Tracking dog; purebred hound; admissibility of evidence; McLeod factors; reliability.
State v. Cabbagestalk  (18-1267 - Published)   Author: Judge Christopher Brook
Traffic stop; Search and seizure; Motion to suppress
State v. Ellis  (19-59 - Published)   Author: Judge John Arrowood
motion to suppress; possession with intent to sell or deliver marijuana; knock and talk; 4th Amendment
State v. Pender  (18-859 - Published)   Author: Judge Chris Dillon
assault; assault with deadly weapon; jury instruction; plain error; pattern jury instruction; bodily injury; offensive conduct; death; serious bodily injury; reasonable belief; self-defense
Sykes v. Vixamar  (18-525 - Published)   Author: Judge Richard Dietz
Automobile negligence; medical liens; fair medical billing statute; effect of failing to bill patient's health insurer on recovery of medical charges through patient's tort judgment
Unpublished Opinions
18 June 2019  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 8 July 2019 

Charde v. The Town of Davidson (18-938 - Unpublished)   Author: Judge Allegra Collins
Rezoning decision, notice of public input session; failure to follow uniform
Fennell v. E. Carolina Health (18-1096 - Unpublished)   Author: Judge John Tyson
Medical malpractice/wrongful death; directed verdict; fraudulent concealment; active fraud; constructive fraud; Watts v. Cumberland Cty. Hosp. Sys.
In re: A.L.L. (18-902 - Unpublished)   Author: Judge Richard Dietz
Termination of parental rights; parent's right to effective assistance of counsel; termination on ground of willful abandonment
In re: D.F.J. (18-1127 - Unpublished)   Author: Judge Richard Dietz
Termination of parental rights; appeal from dispositional order challenges to findings of fact; best interests determination
In re: J.P. (18-1124 - Unpublished)   Author: Judge John Tyson
Involuntary commitment; NCGS 122C-266; failure to object, N.C. R. App. 10(a)(1); suspend the rules, N.C. R. App. P. 2.
In re: K.C.W. (18-927 - Unpublished)   Author: Judge John Tyson
Termination of parental rights; motion to continue; best interests determination; NCGS 7B-1110.
In re: K.M.B., K.N.B., C.G.B. (18-1215 - Unpublished)   Author: Judge Chris Dillon
parental rights; termination; neglect; social services; custody; best interest of the child
In Re: K.S.A. (18-1305 - Unpublished)   Author: Judge Phil Berger Jr.
termination of parental rights; abandonment; neglect
In re: M.Y-F.H., K.J.Y.H., Y.K-M.A. (18-1180 - Unpublished)   Author: Judge Phil Berger Jr.
termination of parental rights; competency; appointment of a guardian ad litem
State v. Barnett (18-1183 - Unpublished)   Author: Judge John Tyson
Felony animal cruelty, NCGS 14-360; lesser-included offense instruction; motion to dismiss; prior notice of defenses, NCGS 15A-905; accident, justification, ineffective assistance of counsel.
State v. George (19-117 - Unpublished)   Author: Judge Reuben Young
Statutory Construction, Habitual Impaired Driving
State v. Gilchrist (18-479 - Unpublished)   Author: Judge Hunter Murphy
Leg shackles; Rules of Evidence; Rule 412; Prejudice
State v. Haqq (18-339 - Unpublished)   Author: Judge Linda McGee
Imperfect Self-defense, Aggressor, Second-degree murder, Deadly weapon
State v. Padilla-Amaya (18-856 - Unpublished)   Author: Judge Chris Dillon
sex offenses; satellite-based monitoring; restitution; closing argument; grossly improper; ineffective assistance of counsel; prejudice; ex mero motu; relevance; evidence; manifest injustive; Rule 2
State v. Richardson (18-855 - Unpublished)   Author: Judge Tobias Hampson
Altering court documents or entering unauthorized judgments; Access of a government computer to defraud; Variance between indictment and proof.
State v. Sparks (18-1102 - Unpublished)   Author: Judge Chris Dillon
robbery; conspiracy; second degree kidnapping; motion to suppress; ineffective assistance of counsel; fourth amendment; warrant; probable cause
State v. Tyler (18-1184 - Unpublished)   Author: Judge Chris Dillon
Character evidence, motive, prior incarceration, plain error, ineffective assistance of counsel
State v. Vazquez (18-1296 - Unpublished)   Author: Judge Lucy Inman
Reasonable Suspicion Competent Evidence Infer Confidential Informant
State v. Ware (18-1185 - Unpublished)   Author: Judge Donna Stroud
preservation for issue, motion to dismiss
State v. York (18-554 - Unpublished)   Author: Judge Richard Dietz
Assault with a deadly weapon with intent to kill inflicting serious injury; plain error; voluntary intoxication instruction; specific intent to kill
Winston Affordable Hous., L.L.C. v. Roberts (18-553 - Unpublished)   Author: Judge Hunter Murphy
Summary ejectment; HUD regulations; Unfair or deceptive trade practice
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 31 PETITIONS AND 175 MOTIONS.


Filed: 4 June 2019
Mandate: 24 June 2019
Zip File of Published Opinions

Case Title / Description
In re: A.R.C., K.M.W., C.W.S.W., A.S.W.  (18-791 - Published)   Author: Judge Lucy Inman
Ineffective assistance of counsel Adequate review
In re: C.D.H.  (18-601 - Published)   Author: Judge Donna Stroud
termination of parental rights, ineffective assistance of counsel
Patterson v. Worley  (18-977 - Published)   Author: Judge Phil Berger Jr.
Negligence; Contributory Negligence; Last Clear Chance; Summary Judgement
State v. Denton  (18-742 - Published)   Author: Judge Donna Stroud
expert testimony, accident reconstruction
State v. Gambrell  (18-900 - Published)   Author: Judge Chris Dillon
indecent liberties; sex offender; satellite-based monitoring; totality of the circumstances; empirical data; hearing; Grady
State v. Jones  (18-748 - Published)   Author: Judge Hunter Murphy
Rule 2, discharging a firearm into occupied dwelling, assault, indictment
State v. Marsh  (18-808 - Published)   Author: Judge Chris Dillon
Withdrawal of guilty plea, imposition of a sentence other than pleaded for
State v. Williams  (18-994 - Published)   Author: Judge John Tyson
Embezzlement; civil settlement agreement release; no bar to criminal restitution, NCGS 15A-1343, writ of certiorari, issue of first impression.
Taylor v. Hiatt  (18-864 - Published)   Author: Judge Chris Dillon
Easements, declaratory judgment, right to erect gates, deed and plat interpretation
The NC Reinsurance Facility v. Causey  (18-1303 - Published)   Author: Judge John Arrowood
plain meaning; The Reinsurance Facility
Walsh v. Cornerstone Health Care, P.A.  (18-925 - Published)   Author: Judge Valerie Zachary
e-discovery; Rule 26(g) sanctions; abuse of discretion; notice
Wygand v. Deutsche Bank Tr. Co. Ams.  (18-1073 - Published)   Author: Judge Phil Berger Jr.
Mortgage; Deed of Trust; Binding Arbitration; Arbitration Rider; Federal Arbitration Act
Unpublished Opinions
4 June 2019  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 24 June 2019 

Day v. Am. Airlines (18-1125 - Unpublished)   Author: Judge Chris Dillon
Workers? compensation, witness testimony, impermissibly disregarded, sufficiency of the evidence, credibility
Harr v. Wral-5 News (19-88 - Unpublished)   Author: Per Curiam
res judicata
In re: I.G.A. & D.A.A. (18-1179 - Unpublished)   Author: Judge Valerie Zachary
N.C.R. App. P. 3.1; abused and neglected juveniles; adjudicatory findings; expert opinion testimony regarding sexual abuse
In re: J.H.B. (18-1030 - Unpublished)   Author: Judge Donna Stroud
juvenile reunification efforts
In re: L.B. & C.B. (18-815 - Unpublished)   Author: Judge Valerie Zachary
termination of parental rights; stipulation to factual allegations; ineffective assistance of counsel; safe home under N.C. Gen. Stat. 7B-1111(a)(9)
In re: M.F. & C.F. (18-1064 - Unpublished)   Author: Judge Lucy Inman
Subject Matter Jurisdiction; Verifications; Notarial Acts
In re: N.J.M. (18-1154 - Unpublished)   Author: Judge Wanda Bryant
Juvenile; Delinquency; Admissions.
Luke v. Woodlawn Sch. (18-1109 - Unpublished)   Author: Judge Reuben Young
Motion to disqualify counsel; Interlocutory arguments; Failure to preserve and Jurisdictional defect
Martinson v. Mecklenburg Cty. DSS (18-1313 - Unpublished)   Author: Judge John Tyson
Responsible individual list, NCGS 7B-320; insufficient notice; summary judgment; offer of proof.
McLamb v. Town of Smithfield (18-1235 - Unpublished)   Author: Judge John Arrowood
conditional use permit; attorneys' fees
Mecum Auction, Inc. v. McKnight (18-1208 - Unpublished)   Author: Judge Tobias Hampson
Forum selection clause; Choice-of-law clause; Uniform Enforcement of Foreign Judgments Act; Full faith and credit; Contract formation; N.C. Gen. Stat. Section 228-3; Personal jurisdiction.
Pangea Capital Mgmt., LLC v. Lakian (18-956 - Unpublished)   Author: Judge Lucy Inman
Subject Matter Jurisdiction; Appeals from Clerk to District Court; Homestead Exemption; Residency
State v. Benson (18-732 - Unpublished)   Author: Judge Donna Stroud
Admission of a co-defendant's testimony, legitimate purpose, prejudice
State v. Cseh (18-1288 - Unpublished)   Author: Judge Reuben Young
Motion to Dismiss, Possession of a stolen vehicle
State v. Forney (18-418 - Unpublished)   Author: Judge Hunter Murphy
State v. Harris (18-910 - Unpublished)   Author: Judge Lucy Inman
Sufficiency of the evidence Rule 2 Ineffective assistance of counsel
State v. Hoskins (18-1181 - Unpublished)   Author: Judge John Arrowood
habitual felon; superseding indictment
State v. McMahan (18-672 - Unpublished)   Author: Judge Hunter Murphy
Presentment & Indictment
State v. Queen (18-819 - Unpublished)   Author: Judge Valerie Zachary
indecent liberties; corroborative evidence; jury instructions; statutory eligibility for satellite-based monitoring
State v. Sturdivant (18-1004 - Unpublished)   Author: Judge Phil Berger Jr.
Trafficking in Cocaine; Conspiring to Traffick in Cocaine; Trial in Absentia; Destruction of Trial Transcript; Unavailability of Verbatim Transcript; Forfeiture of Right to Transcript
The NC State Bar v. Weckworth (18-866 - Unpublished)   Author: Judge Tobias Hampson
Attorney discipline; Censure; Violations of Rules of Professional Conduct; Whether findings of fact in DHC order support the discipline imposed; Whether denial of motion to compel and quashing of two subpoenas violated defendant's due process rights.
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 31 PETITIONS AND 175 MOTIONS.


Filed: 21 May 2019
Mandate: 10 June 2019
Zip File of Published Opinions

Case Title / Description
Ashe Cty. v. Ashe Cty. Plan. Bd.  (18-253 - Published)   Author: Judge Chris Dillon
Local government permits, zoning, state permits, sufficient applications, moratoria, binding effect of official statements
Barefoot v. Rule  (18-1160 - Published)   Author: Judge Donna Stroud
voluntary dismissal without prejudice
Hills Mach. Co., LLC v. Pea Creek Mine, LLC  (18-890 - Published)   Author: Judge John Tyson
Summary judgment; breach of warranty; manufacturer's warranty; extended service plan; goodwill assistance; fraud; unfair and deceptive trade practices, NCGS 75-1.1; judicial estoppel.
In re: Botros  (18-1137 - Published)   Author: Judge Tobias Hampson
Disability inactive status; Inherent authority of courts to regulate attorneys; Subject matter jurisdiction; Due process
In re: J.C.D.  (18-957 - Published)   Author: Judge Donna Stroud
Involuntary commitment; required findings; physician's report
In re: M.T-L.Y.  (18-826 - Published)   Author: Judge Lucy Inman
Reunification Reunification efforts In re C.P. Effective assistance of counsel
Jackson v. The Timken Co.  (18-695 - Published)   Author: Judge Hunter Murphy
Workers' Compensation; subject matter jurisdiction; arising out of employment; medical negligence
Parkes v. Hermann  (18-888 - Published)   Author: Judge Chris Dillon
medical malpractice, standard of care, proximate cause, ?loss of chance;? summary judgment
State v. Allen  (18-1159 - Published)   Author: Judge John Arrowood
unavailability; confrontation clause; forfeiture by wrongdoing; gang-related testimony
State v. Capps  (18-386 - Published)   Author: Judge Valerie Zachary
misdemeanor statement of charges; jurisdiction; In re Civil Penalty
State v. Carver  (18-935 - Published)   Author: Judge John Tyson
Driving while impaired; warrantless traffic stop; anonymous tip; reasonable suspicion; no indicia of reliability, no corroboration; motion to suppress.
State v. Davis  (18-1017 - Published)   Author: Judge Chris Dillon
rape; sexual battery; jury instructions; victim; complaining witness; expert testimony; credibility; consistent with; plain error; prejudice; vouching
State v. Dawkins  (18-1101 - Published)   Author: Judge Allegra Collins
Criminal Convictions, Attorney-Client Impasse, Unpreserved Objection
State v. Keller  (17-1318 - Published)   Author: Judge Phil Berger Jr.
Solicitation of a Minor by Computer; Entrapment Jury Instruction; de novo review
State v. Marino  (18-1135 - Published)   Author: Judge Tobias Hampson
N.C. Gen. Stat. Section 15A-1331.2; Prayer for judgment continued; Jurisdiction to enter judgment after entry of prayer for judgment continued; Legislative intent; Statutory construction
State v. Parks  (18-520 - Published)   Author: Judge John Arrowood
expert testimony (Daubert, McGrady); motion to suppress; motion to dismiss
State v. Thompson  (18-885 - Published)   Author: Judge John Arrowood
right to remain silent; Rule 404(b)
Taylor v. Perni  (18-602 - Published)   Author: Judge Hunter Murphy
motion to quash subpoena
Wilmington Sav. Fund Soc'y, FSB v. Mortg. Elec. Registration Sys., Inc.  (18-1060 - Published)   Author: Judge John Tyson
Priority of lien; void satisfaction; Union Central Life Insurance v. Cates; exception to pure race priority recordation; Rule 12(c)- judgment on the pleadings; bona fide purchaser for value.
Unpublished Opinions
21 May 2019  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 10 June 2019 

Evans v. Croft (18-468 - Unpublished)   Author: Judge Phil Berger Jr.
Flores v. Flores (18-230 - Unpublished)   Author: Judge Wanda Bryant
Dependent Spouse; Alimony.
In re: A.R-V. (18-584 - Unpublished)   Author: Judge Phil Berger Jr.
Juvenile Delinquency Adjudication. Motion to Dismiss. Disorderly Conduct.
In re: A.S.T. (18-947 - Unpublished)   Author: Judge Donna Stroud
termination of parental rights, dependency, challenged findings
In re: N.B., M.S., L.W. (18-1087 - Unpublished)   Author: Judge Valerie Zachary
review and permanency planning; reunification efforts; constitutionally protected status of a parent; plan of custody; waiver of future permanency planing hearings; visitation
In re: W.A.B., B.F.B., A.G.B., E.H.B., R.A.B., M.A.B. (18-953 - Unpublished)   Author: Judge Lucy Inman
Termination of Parental Rights; Closing Argument; Due Process
Layton v. Dep't of State Treasurer (18-921 - Unpublished)   Author: Judge Chris Dillon
disability benefits; long-term; short-term; constitutionality; equal protection; due process; minimum scrutiny; legitimate purpose; rationally related; collateral estoppel; litigated; offensive collateral estoppel; non-mutual collateral estoppel
Medport, Inc. v. Am. Ventures Grp., LLC (18-950 - Unpublished)   Author: Judge Phil Berger Jr.
motion to dismiss; election of remedies; fraud; contract rescission or reformation; motion for reconsideration
Murchison v. Reg'l Surgical Specialists (18-297 - Unpublished)   Author: Judge Hunter Murphy
Medical malpractice; closing argument; abuse of discretion standard
Nelson v. Nelson (18-937 - Unpublished)   Author: Judge Chris Dillon
alimony; modification; change in circumstances; motion to compel; attorney?s fees
O'Nan v. Nationwide Ins. Co. (18-990 - Unpublished)   Author: Judge Lucy Inman
Substantial right Interlocutory
Pigford v. Pace (18-1095 - Unpublished)   Author: Judge Phil Berger Jr.
Easement. Bench trial standard of review. Rule 52 N.C. Rules of Civil Procedure. Findings of Fact and Conclusions of Law.
State v. Blackwell (18-1040 - Unpublished)   Author: Judge Reuben Young
Attorney's Fees, Plain error
State v. Durham (18-630 - Unpublished)   Author: Judge Donna Stroud
motion to dismiss
State v. Harden (18-999 - Unpublished)   Author: Judge Donna Stroud
Rule 403, Rule 404, Prior Misconduct
State v. Hawkins (18-908 - Unpublished)   Author: Judge Donna Stroud
Anders
State v. Jones (18-893 - Unpublished)   Author: Judge Donna Stroud
Anders
State v. Marks (18-933 - Unpublished)   Author: Judge John Arrowood
right to remain silent; right to counsel
State v. McGill (18-911 - Unpublished)   Author: Judge Donna Stroud
motion to suppress
State v. Medlin (18-20 - Unpublished)   Author: Judge Hunter Murphy
Rule 404(b); Rule 701; motion to dismiss
State v. Muthe (18-1265 - Unpublished)   Author: Judge John Tyson
Statutory rape, NCGS 14-27.25; indecent liberties with a child; NCGS 14-202.1; defendant's age; officer's testimony; hearsay; plain error review.
State v. Ross (18-652 - Unpublished)   Author: Judge Linda McGee
Motion to Suppress; waiver of right to appellate review; jury instructions
State v. Sydnor (18-589 - Unpublished)   Author: Judge Wanda Bryant
BOLO; Traffic Stop; Reasonable Suspicion; Evidence.
State v. Trevino (18-741 - Unpublished)   Author: Judge Allegra Collins
relevancy of evidence; prejudice
Walston v. Duke Univ. (18-981 - Unpublished)   Author: Judge Wanda Bryant
Termination of Benefits, Disability.
Woody v. FlightGest, Inc. (18-940 - Unpublished)   Author: Judge Linda McGee
Rule 12(b)(6); Indemnity; Contribution; Negligence
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 31 PETITIONS AND 175 MOTIONS.


Filed: 7 May 2019
Mandate: 28 May 2019
Zip File of Published Opinions

Case Title / Description
Clemons v. Clemons  (18-433 - Published)   Author: Judge Donna Stroud
Equitable Distribution, Separate Property, Stipulations
Cogdill v. Sylva Supply Co., Inc.  (18-845 - Published)   Author: Judge Allegra Collins
Expired lease agreement; year-to-year tenancy created by operation of law; right of first refusal not applicable term of tenancy
Cumberland Cty. v. Lee  (18-754 - Published)   Author: Judge John Arrowood
civil contempt, burden of proof to show cause
Dep't of Transp. v. Hutchinsons, LLC  (18-675 - Published)   Author: Judge Chris Dillon
Eminent domain, Section 108 hearings, notice of motions, substantial right, trial court jurisdiction following an appeal
Draughon v. Evening Star Holiness Church of Dunn  (18-887 - Published)   Author: Judge Lucy Inman
Summary Judgment; Contributory Negligence; Premises Liability
In re: Willie Reggie Harris, Petitioner  (18-1026 - Published)   Author: Judge John Tyson
NCGS 7B-320; Responsible Individuals List; late notice; prejudice; dismissal of criminal charges
In re: B.C.T. & J.B.B.  (18-929 - Published)   Author: Judge Donna Stroud
disposition, custody, best interest of a child
J.S. & Assocs., Inc. v. Stevenson  (18-1065 - Published)   Author: Judge Chris Dillon
Small claims court, jurisdiction, amount in controversy, compulsory counterclaims, appeal to district court
K4C6R, LLC v. Elmore  (18-1008 - Published)   Author: Judge John Arrowood
plain language; contract
McCullers v. Lewis  (18-825 - Published)   Author: Judge Allegra Collins
Motion to dismiss, interlocutory appeal; Rule 12(b)(2), public official immunity
Poage v. Cox  (18-1066 - Published)   Author: Judge John Tyson
Summary judgment; negligence-premises liability; denial of motion to strike; Legionnaires' disease; Vacation Rental Act, NCGS 42A-1, et seq.; waiver of arguments; proximate cause.
Raleigh Radiology LLC v. NC Dep't of Health & Hum. Servs.  (18-785 - Published)   Author: Judge Chris Dillon
Office of Administrative Hearings; substantial prejudice; certificate of need; department of health and human services; standard of review; comparative analysis; MRI; agency; criteria; conforming; deference
State v. Copley  (18-895 - Published)   Author: Judge John Tyson
First-degree murder; defense of habitation, NCGS 14-51.2; self-defense; improper injection of race; prosecutor's closing argument; new trial; jury instructions; NC Pattern Instruction Crim.- 308.80 - Curtilage.
State v. DeJesus  (18-750 - Published)   Author: Judge Valerie Zachary
corpus delicti; foreign birth certificate; authentication; hearsay; satellite-based monitoring; unpreserved Fourth Amendment challenge
State v. Jones  (18-508 - Published)   Author: Judge Richard Dietz
Trial Calendar in Criminal Cases; Request for Continuance; Harmless Error; Request to Present Rebuttal Witness
State v. Massey  (18-1161 - Published)   Author: Judge John Tyson
First-degree kidnapping with firearm enhancement; motion to dismiss; release in a safe place, escape.
State v. McAllister  (18-726 - Published)   Author: Judge John Tyson
Counsel's Admission of Client's Guilt; Habitual Misdemeanor Assault on a Female; State v. Harbison; Closing Argument; Ineffective Assistance of Counsel; Motion for Appropriate Relief
State v. Simpkins  (18-725 - Published)   Author: Judge Donna Stroud
waiver of counsel, forfeiture of counsel
State v. Speas  (18-456 - Published)   Author: Judge Wanda Bryant
Indictment; Capable of Owning Property, Corporation.
State v. Wright  (18-209 - Published)   Author: Judge Donna Stroud
notice of intent to prove aggravating factors, clerical errors, ineffective assistance of counsel
Thomas v. Burgett  (18-783 - Published)   Author: Judge Lucy Inman
Child Support Guidelines Gross Income Extraordinary Expenses Deviating from the Guidelines
Unpublished Opinions
7 May 2019  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 28 May 2019 

Coley v. Cowan (18-1020 - Unpublished)   Author: Judge Lucy Inman
In re: J.J., Y.J., J.J., E.J., E.J., M.S. (18-989 - Unpublished)   Author: Judge Wanda Bryant
Best Interest of Child; Termination of Parental Rights; Bond Adoption.
In re: K.L.C. (18-1003 - Unpublished)   Author: Judge Valerie Zachary
subject matter jurisdiction; prospective adoptive parents' standing to file a petition to terminate parental rights
In re: N.S.J., N.S.J., S.S.J., E.O.J., III (18-1005 - Unpublished)   Author: Judge Donna Stroud
termination of parental rights
In re: T.J.M.L. (18-1022 - Unpublished)   Author: Judge Allegra Collins
Termination of Parental Rights; Required Findings of Fact; Dependency; Neglect; Willful Abandonment; Failure to Make Progress to Reunify; Failure to Pay
McFarland v. Pitt Cty. Bd. of Educ. (18-946 - Unpublished)   Author: Judge Valerie Zachary
interlocutory appeal; appellant's burden
Orange Cty. v. Canup (18-1139 - Unpublished)   Author: Judge John Tyson
Child support order; abuse of discretion review; child support guidelines; non-recurring income; rent-free housing; health insurance premium proration.
Rider v. Pryor (18-821 - Unpublished)   Author: Judge Phil Berger Jr.
expert witnesses-Notice; expert witness as lay witness;
State v. Bamaca (18-1244 - Unpublished)   Author: Judge John Tyson
Defendant's failure to appear; notice of forfeiture; motion to set aside bond forfeiture; statutorily mandated timeline.
State v. Brown (18-1044 - Unpublished)   Author: Judge Tobias Hampson
Fourth Amendment; Search and Seizure; Reasonable suspicion; Probable cause; Drug paraphernalia; Investigatory stop; Anonymous tip; Admission of prior arrest to support probable cause.
State v. Case (18-746 - Unpublished)   Author: Judge Richard Dietz
Driving While Impaired; Plain Error; Denial of Motion to Suppress; Probable Cause for DWI Arrest
State v. Dudley (18-1121 - Unpublished)   Author: Per Curiam
First-degree felony murder by a juvenile; life with the possibility of parole; NCGS 15A-1340.19B(a)(1).
State v. Graham (18-1 - Unpublished)   Author: Judge Hunter Murphy
Indictment; Fourth Amendment
State v. Jones (18-502 - Unpublished)   Author: Judge Wanda Bryant
DNA Testing; Motion to Dismiss; Writ Of Certiorari, Writ of Mandamus.
State v. Jordan (18-875 - Unpublished)   Author: Judge Tobias Hampson
Waiver of counsel; Admission of evidence; Plain error.
State v. Neese (18-1204 - Unpublished)   Author: Judge Phil Berger Jr.
Motion to Dismiss; Identification of Perpetrator; DWI
State v. Phillip (18-1012 - Unpublished)   Author: Judge Phil Berger Jr.
First Degree Murder; Possession of Firearm by a Felon; joinder of offenses; Sixth Amendment Confrontation;
State v. Richardson (18-696 - Unpublished)   Author: Judge Lucy Inman
Ineffective assistance of counsel Motion to suppress State v. Rivera Visual testimony
State v. Sanders (18-954 - Unpublished)   Author: Judge Chris Dillon
murder; first-degree murder; jury instructions; acting in concert; common plan or purpose; context; entirety; plain error
State v. Thompson (18-557 - Unpublished)   Author: Judge Phil Berger Jr.
arrest warrant; misdemeanor stalking; jury instructions
State v. Zey (18-955 - Unpublished)   Author: Judge Valerie Zachary
statutory sex offense; indecent liberties; motion to suppress; plain error
Stathum-Ward v. Wal-Mart Stores, Inc. (18-738 - Unpublished)   Author: Judge John Arrowood
jury instructions; spoliation; motion in limine
Stull v. Stull (18-915 - Unpublished)   Author: Judge Valerie Zachary
motion to modify custody; prejudice; conclusions of law
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 31 PETITIONS AND 175 MOTIONS.


Filed: 16 April 2019
Mandate: 6 May 2019
Zip File of Published Opinions

Case Title / Description
Duke Energy Progress, Inc. v. Kane  (18-239 - Published)   Author: Judge Wanda Bryant
Color of Title, Easement, Summary Judgment.
In re: H.N.D. & L.N.A-D.  (18-958 - Published)   Author: Judge Allegra Collins
Termination of Parental Rights, cessation of reunification efforts, adjudication, N.C. Gen. Stat. Section 7B-1111(a)(6)
Jackson v. Don Johnson Forestry, Inc.  (18-354-2 - Published)   Author: Judge Chris Dillon
Wills, property rights, life estate, remaindermen, timber rights, trover, indemnity
State v. Bauguss  (18-795 - Published)   Author: Judge John Arrowood
Statutory sexual offense; attempted statutory sex offense.
State v. Brown  (18-1107 - Published)   Author: Judge John Arrowood
motion to suppress; community caretaking doctrine; traffic stop, DWI
State v. Chandler  (18-14 - Published)   Author: Judge Phil Berger Jr.
guilty plea; Alford plea
State v. Fields  (18-673 - Published)   Author: Judge Tobias Hampson
Motion to Dismiss; Habitual misdemeanor assault; Two convictions from one action.
State v. Hughes  (18-967 - Published)   Author: Judge Lucy Inman
Aggravating factors; notice; DWI
State v. Johnson  (18-966 - Published)   Author: Judge John Arrowood
sentencing; due process
State v. Schmieder  (18-1027 - Published)   Author: Judge Richard Dietz
Second Degree Murder; Vehicular Homicide; Inherently Dangerous Without Regard to Human Life; Admission of Prior Driving Record Under Rule 404(b); Denial of Motion to Dismiss; Sufficiency of Evidence of Malice; Sufficiency of Second Degree Murder Indictment
Swint v. Doe  (18-964 - Published)   Author: Judge Chris Dillon
summary judgment; paternity; inheritance; estate; administration; guardian ad litem; intestate succession act; wedlock; N.C. Gen. Stat. § 29-19; N.C. Gen. Stat. § 49-14; putative father; N.C. Gen. Stat. § 28A-19-3; clerk of court; exclusive jurisdiction; original jurisdiction
Unpublished Opinions
16 April 2019  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 6 May 2019 

Brunson v. Off. of the Twelfth Judiciary (18-838 - Unpublished)   Author: Judge John Arrowood
tort claims act; motion to dismiss
Brunson v. The Off. of the Governor of NC (18-836 - Unpublished)   Author: Judge John Arrowood
tort claims act; subject matter jurisdiction
Buchanan v. NC Farm Bureau Mut. Ins. Co., Inc. (18-347 - Unpublished)   Author: Judge Phil Berger Jr.
interlocutory appeal; substantial right
In re: A.A.H. (18-779 - Unpublished)   Author: Judge Chris Dillon
Neglect, similar language in order and parties? reports, cease reunification, termination of parental rights
In re: C.N.B. (18-1104 - Unpublished)   Author: Judge Hunter Murphy
In re: D.V.G. (18-878 - Unpublished)   Author: Judge Wanda Bryant
Termination of Parental Rights; Notice of Appeal; Due Process; GAL; Neglect.
In re: F.M.C. (18-1168 - Unpublished)   Author: Judge Valerie Zachary
termination of parental rights; failure to make reasonable progress toward correcting the conditions that led to the juvenile's removal; N.C.R. App. P. 3.1(e) no-merit brief
In re: J.F. (18-1165 - Unpublished)   Author: Judge Hunter Murphy
Rule 2, Juvenile, Motion to Dismiss
In re: S.H.J. (18-655 - Unpublished)   Author: Judge Wanda Bryant
Termination of Parental Rights, Abandonment.
In re: T.O. & J.O. (18-1110 - Unpublished)   Author: Judge Lucy Inman
Abused juvenile Judicial notice
Jones v. Jones (18-991 - Unpublished)   Author: Judge Donna Stroud
custody, intervenor, best interests
Lyon v. Serv. Team Of Prof'ls (E. Carolina), LLC (18-627 - Unpublished)   Author: Judge John Arrowood
bad faith; unfair and deceptive practices; negligent hiring; insurance policy
Mann v. Union Cty. Clerk of Ct. (18-1116 - Unpublished)   Author: Judge John Arrowood
notice of appeal; jurisdiction
Pender Cty. v. Sullivan (18-774 - Unpublished)   Author: Judge Donna Stroud
Tax foreclosure, Jurisdiction, Right to a jury trial
Reed v. Carolina Holdings (18-376 - Unpublished)   Author: Judge Richard Dietz
Trial Court Jurisdiction for Review of Industrial Commission's Denial of Attorney's Fees on Future Benefits for Attendant Care Services; N.C. Gen. Stat. 97-90(c); Supreme Court Reversal of Precedent Relied on by Trial Court; Vacate and Remand for Proceedings Consistent with Supreme Court Decision
Reed v. Carolina Holdings (18-597 - Unpublished)   Author: Judge Lucy Inman
Industrial Commission, Attorney's Fees, Appellate Jurisdiction
Scroggs v. Tractors On The Creek, LLC (18-1024 - Unpublished)   Author: Judge Allegra Collins
Entry of default, entry of default judgment, rule 55
Slok, LLC v. Courtside Condo. Owners Ass'n, Inc. (18-736 - Unpublished)   Author: Judge Valerie Zachary
condominium association; summary judgment; assessments; estoppel; conditional order
State v. Angram (18-993 - Unpublished)   Author: Judge John Tyson
Robbery with a dangerous weapon; lesser-included offenses- manner of requests; conspiracy; ineffective assistance of counsel; judge's post-verdict conversation with jury;
State v. Avila (18-626 - Unpublished)   Author: Judge John Arrowood
impaired driving; no merit brief
State v. Best (18-563 - Unpublished)   Author: Judge John Arrowood
constructive possession; jury instruction; plain error
State v. Carter (18-901 - Unpublished)   Author: Judge John Arrowood
motion in limine
State v. Eubanks (18-876 - Unpublished)   Author: Judge Richard Dietz
Possession of Stolen Goods; Possession of Firearm by a Felon; Denial of Request for Special Instruction; Jury Instruction on Possession; Requirement of Power and Intent to Control Disposition or Use; Improper Closing Argument; Grossly Improper Standard
State v. Gaddy (18-621 - Unpublished)   Author: Judge Lucy Inman
Jury instructions Prejudice Plain error Reasonable possibility
State v. Green (18-691 - Unpublished)   Author: Judge John Arrowood
civil judgment for court appointed attorney's fees; notice and opportunity to be heard
State v. Henry (18-693 - Unpublished)   Author: Judge John Arrowood
guilty plea; no merit brief
State v. Matthews (18-663 - Unpublished)   Author: Judge Richard Dietz
First Degree Burglary; Common Law Robbery; Admission of Audio Recording of Police Interrogation with Muted Portions and Limiting Instruction; Rules 401 and 403; Plain Error; Opinion Testimony of Law Enforcement Officer; Ineffective Assistance of Counsel
State v. Morgan (18-803 - Unpublished)   Author: Judge Chris Dillon
impaired driving; motion to suppress; evidence; reasonable suspicion; findings of fact; conclusions of law; reviewability; material conflict
State v. Morris (18-724 - Unpublished)   Author: Judge John Arrowood
no merit brief; clerical error
State v. Newkirk (18-670 - Unpublished)   Author: Judge John Arrowood
operating a motor vehicle to elude arrest with two or more aggravating factors
State v. Pulley (18-797 - Unpublished)   Author: Judge John Tyson
Discharging weapon into an occupied dwelling; assault on a female; possession of a firearm by a felon; motion to add witness; motion to continue; abuse of discretion review.
State v. Smallwood (18-578 - Unpublished)   Author: Judge John Arrowood
mistrial
State v. Watts (18-686 - Unpublished)   Author: Judge Valerie Zachary
first-degree forcible sexual offense; continuous transaction; jury instructions; plain error
State v. White (18-704 - Unpublished)   Author: Judge Phil Berger Jr.
hearsay; right to confront witness; harmless error
State v. Williamson (18-521 - Unpublished)   Author: Judge John Arrowood
motion to dismiss; subject matter jurisdiction; contitutionality of statute § 20-28
State v. Woody (18-1001 - Unpublished)   Author: Judge Richard Dietz
Sex Offender Registration; Failure to Report Change of Address; Sufficiency of Indictment to Charge Violation of N.C. Gen. Stat. 14-208.11(a)(2); Denial of Motion to Dismiss; Sufficiency of Evidence of Defendant Changing Address; Plain Error; Admission of Hearsay Testimony
Stowers v. Parker (18-737 - Unpublished)   Author: Judge Phil Berger Jr.
motion to continue; summary judgment; legal malpractice
Woodard v. The Goodyear Tire & Rubber Co. (18-865 - Unpublished)   Author: Judge Wanda Bryant
Compensable Injury, Accident, Witness Testimony.
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 31 PETITIONS AND 175 MOTIONS.


Filed: 2 April 2019
Mandate: 22 April 2019
Zip File of Published Opinions

Case Title / Description
Bradshaw v. Bradshaw  (18-432 - Published)   Author: Judge Donna Stroud
out of state property agreement, public policy, choice of law
Brown v. Lattimore Living Tr.  (18-941 - Published)   Author: Judge John Arrowood
summary judgment; statute of limitations; reasonableness
Doe v. Wake Cty.  (18-109 - Published)   Author: Judge Hunter Murphy
42 U.S.C. 1983, Governmental Immunity Waiver, Public Official Immunity
Erickson v. NC Dep't of Pub. Safety  (18-820 - Published)   Author: Judge John Tyson
Discharge from employment; Office of Administrative Hearings; notice of appeal; proof of filing; exhaust administrative remedies; DPS form HR 556; inconsistent instructions.
Rabo Agrifinance, LLC v. Sills  (18-846 - Published)   Author: Judge Richard Dietz
Uniform Enforcement of Foreign Judgments Act; Consent to Jurisdiction Clause in Contract; Choice of Law; Interpretation of Contract Governed By Place Where Contract is Made
State v. Horton  (18-997 - Published)   Author: Judge Lucy Inman
Reasonable suspicion Anonymous tip High-crime area
State v. Salter  (18-747 - Published)   Author: Judge Tobias Hampson
Direct criminal contempt; Willfulness; Petition for Writ of Certiorari; Sentencing stipulations; Determination of prior record level.
Wise v. Wise  (18-858 - Published)   Author: Judge John Arrowood
child support; alimony; attorney fees
Unpublished Opinions
2 April 2019  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 22 April 2019 

In Re: A.M.A.T. (18-753 - Unpublished)   Author: Judge Donna Stroud
termination of parental rights
In re: A.T. (18-886 - Unpublished)   Author: Judge Lucy Inman
Cessation of Reunification Efforts; Permanency Planning Hearing; Verification of Custodian
In re: D.L.B. (18-912 - Unpublished)   Author: Judge Richard Dietz
Termination of parental rights; Neglect; Best interests determination
In re: H.R.J., B.J., G.J.J. (18-995 - Unpublished)   Author: Judge John Arrowood
TPR; § 7B-1111(a)(2)
In re: K.S.K., W.C.J.K., N.G.K. (18-814 - Unpublished)   Author: Judge John Arrowood
continuance; right to counsel in termination hearing.
In re: K.W. (18-816 - Unpublished)   Author: Judge Richard Dietz
Adjudication of abuse and neglect; Custody; Termination of juvenile court jurisdiction; Transfer to Chapter 50 custody matter; Denial of visitation
In re: M.N.P., C.H.P., D.A.P. (18-824 - Unpublished)   Author: Judge John Arrowood
TPR; neglect; best interests of the child
In re: N.T., R.E.T., A.M.T., E.G.T., H.F.T., D.T.T., T.T., Jr., G.M.T. (18-996 - Unpublished)   Author: Judge Phil Berger Jr.
permanency planning order; guardian verification; waiving further review hearings
In re: N.T., R.E.T., A.M.T., E.G.T., H.F.T., D.T.T., T.T., Jr., G.M.T., M.K.T. (18-849 - Unpublished)   Author: Judge Phil Berger Jr.
permanency planning; reunification; juvenile fourteen years of age; visitation
In The Matters Of: T.M.L.E., T.L.E., Jr., T.L.E., III (18-804 - Unpublished)   Author: Judge Richard Dietz
Termination of parental rights; Neglect; No-merit brief
LaMarre v. Martinez (18-224 - Unpublished)   Author: Judge Hunter Murphy
Action to Quite Title, Statute of Limitations, Fraud, Summary Judgment
Palmer v. Cline (18-924 - Unpublished)   Author: Judge Chris Dillon
Child-custody; UCCJEA; ?home state;? significant connection;? simultaneous proceedings; temporary emergency jurisdiction; continuing jurisdiction; stay
State v. Duff (18-874 - Unpublished)   Author: Judge Lucy Inman
Probation Revocation; Jurisdiction; Competency Hearing
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 31 PETITIONS AND 175 MOTIONS.


Filed: 26 March 2019
Mandate: 15 April 2019
Zip File of Published Opinions

Case Title / Description
Gray v. Fed. Nat'l Mortg. Ass'n  (18-871 - Published)   Author: Judge Mark Davis
Interlocutory appeal; Substantial right; Collateral estoppel; Foreclosure
State v. Loftis  (18-709 - Published)   Author: Judge Richard Dietz
In-custody statements; Failure to move to suppress; Procedural bar; Stipulation to admission of evidence; No special colloquy by trial court required
State v. Newsome  (18-707 - Published)   Author: Judge Phil Berger Jr.
probation; probation revocation; absconding; clerical error
Unpublished Opinions
26 March 2019  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 15 April 2019 

Ball v. Bayada Home Health Care (18-918 - Unpublished)   Author: Judge Mark Davis
Workers' Compensation; Average Weekly Wage Calculation; NCGS § 97-2(5); Method 5
Claudio v. Sellers (18-636 - Unpublished)   Author: Judge Wanda Bryant
Jury Instructions; Breach of Fiduciary Duty; Controlling Shareholder
Clifton v. The Goodyear Tire & Rubber Co. (18-987 - Unpublished)   Author: Judge Linda McGee
Industrial Commission; Findings of Fact; Motion to Consolidate
Halifax Cty. v. Empire Foods, Inc. (18-531 - Unpublished)   Author: Judge Wanda Bryant
Motion to Dismiss; Failure to Prosecute; Abuse of Discretion; Summary Judgment; Contracts; Breach; Remedies
In re: A.A.J. (18-697 - Unpublished)   Author: Judge Linda McGee
Child custody; nonparent; constitutionally protected status; abandonment
In re: J.C-B. (18-922 - Unpublished)   Author: Judge Richard Dietz
Permanency planning; Termination of juvenile jurisdiction and transfer to civil custody proceeding; Conceded error; Requirement of live testimony at permanency planning hearing under N.C. Gen. Stat. 7B-906.1(c); Intervention by non-parent
In re: K.A.G. & N.R.P. (18-829 - Unpublished)   Author: Judge Mark Davis
3.1; Appointment of guardian ad litem for parent; Termination of parental rights; Neglect
Rmah v. USAA Cas. Ins. Co. (18-623 - Unpublished)   Author: Judge Mark Davis
Breach of insurance contract; unfair and deceptive trade practices; N.C. Gen. Stat. § 58-63-15; N.C. Gen. Stat. § 75-1.1; breach of settlement agreement; privity
State v. Franklin (18-777 - Unpublished)   Author: Judge Linda McGee
motion to dismiss; sufficiency of the evidence; possession of methamphetamine precursor chemical; constructive possession
State v. Gibson (18-448 - Unpublished)   Author: Judge Wanda Bryant
Admissibility of Evidence; Preservation; Bias
State v. Holmes (18-1023 - Unpublished)   Author: Judge Richard Dietz
Revocation of probation; Activation of multiple sentences; Trial court's discretion to reduce or restructure original sentences under N.C. Gen. Stat. 15A-1344(d)
State v. Howard (18-660 - Unpublished)   Author: Judge Mark Davis
Amended indictment; breaking or entering; lay witness identification; surveillance footage
State v. Thomas (18-959 - Unpublished)   Author: Judge Mark Davis
Amended indictment; breaking or entering; lay witness identification; surveillance footage
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 31 PETITIONS AND 175 MOTIONS.


Filed: 19 March 2019
Mandate: 8 April 2019
Zip File of Published Opinions

Case Title / Description
Adams v. Langdon  (18-718 - Published)   Author: Judge Tobias Hampson
Grandparental visitation rights; Civil contempt; Effect of termination of parental rights on grandparental visitation rights; Notice of Appeal; Show Cause Motion.
Aesthetic Facial & Ocular Plastic Surgery Ctr., P.A. v. Zaldivar  (18-431 - Published)   Author: Judge Donna Stroud
Restrictive Covenants, Public Policy, Learned Profession Exception
Assoc. Behav. Servs., Inc. v. Smith  (18-463 - Published)   Author: Judge Mark Davis
Attorneys' fees; motion for reconsideration; Rule 60(b); notice of appeal
BDM Invs. v. Lenhil, Inc.  (18-533 - Published)   Author: Judge Robert Hunter Jr.
Complex Business Case.
Feeassco, LLC v. The Steel Network, Inc.  (18-739 - Published)   Author: Judge Allegra Collins
Order allowing motion to compel discovery; order allowing sanctions for discovery violations; order denying motion to compel discovery and for sanctions; review of interlocutory discovery orders
Gunter v. Maher  (18-844 - Published)   Author: Judge Phil Berger Jr.
interlocutory appeal; substantial right; order compelling discovery; attorney-client privilege
Hager v. Smithfield East Health Holdings, LLC  (18-651 - Published)   Author: Judge Lucy Inman
Arbitration; Standing to Compel Arbitration; Fiduciary Relationships; Fiduciary Duties
Henry v. Morgan  (18-731 - Published)   Author: Judge Lucy Inman
Service of process; due diligence; service by publication
Hill v. Durrett  (18-515 - Published)   Author: Judge Mark Davis
NCGS § 50-10; Annulment; Summary Judgment
Huml v. Huml  (18-484 - Published)   Author: Judge Donna Stroud
Custody, Suspension of Visitation
In re: J.L.  (18-473 - Published)   Author: Judge Wanda Bryant
Juvenile Guardianship; Standing; Admissibility of Evidence; Sufficiency of Evidence; Standard of Proof; Visitation
Julian v. The Univ. of NC Health Care Sys.  (18-477 - Published)   Author: Judge Richard Dietz
Breach of contract; hospital charges for operating room time; statute prohibiting billing for medical care not actually supplied
Ramsey v. Ramsey  (18-600 - Published)   Author: Judge Valerie Zachary
civil contempt; nonjurisdictional Appellate Rules violations; Appellant's brief
Simms v. Bolger  (18-551 - Published)   Author: Judge Tobias Hampson
Child support; Change in circumstances; Lump sum award; Custodial account; Arrearages; Attorneys' fees
Simms v. Bolger  (18-716 - Published)   Author: Judge Tobias Hampson
Contempt; Attorneys' fees
Sluder v. Sluder  (18-920 - Published)   Author: Judge Wanda Bryant
Equitable Distribution; Post Separation; Marital Debt
State v. Gamez  (18-436 - Published)   Author: Judge Mark Davis
Miranda warnings; custodial interrogation; military
State v. Griffin  (18-681 - Published)   Author: Judge John Arrowood
assault inflicting serious bodily injury; felony breaking and entering with intent to terrorize or injure
State v. Lopez  (18-13 - Published)   Author: Judge Linda McGee
Physically helpless; Expert testimony; Jury instructions; Satellite-based monitoring
State v. Miller  (17-1215-2 - Published)   Author: Judge John Tyson
Maintaining a dwelling for the keeping or sale of controlled substance, NCGS 90-108(a)(7); State v. Rogers, 817 S.E.2d 150 (2018); definition of keep; single sale; motion to dismiss.
State v. Rivera  (18-517 - Published)   Author: Judge Linda McGee
Motion to Suppress; Waiver; Appellate Review; Plain Error; Ineffective Assistance of Counsel
State v. Shackelford  (18-273 - Published)   Author: Judge Mark Davis
N.C. Gen. Stat. § 14-277.3A; Felony Stalking; First Amendment; As-applied challenge; Content-based restriction; Social media
Stern v. Stern  (18-523 - Published)   Author: Judge Donna Stroud
motion to dismiss, substantial change of circumstances, timing and modification, child custody
Tarr v. Zalaznik  (18-649 - Published)   Author: Judge Linda McGee
Partition by sale; Equity; N.C.G.S. Sec. 41-2(b); Joint Tenants
Tipton v. Delta Sigma Phi Fraternity, Inc.  (18-581 - Published)   Author: Judge Mark Davis
Summary judgment; Negligence; Proximate Cause; Wrongful Death; Hazing
Watauga Cty. o/b/o McKiernan v. Shell  (18-687 - Published)   Author: Judge Donna Stroud
IV-D claim; Chapter 50 action; custody; stay
Weishaupt-Smith v. Town of Banner Elk  (18-903 - Published)   Author: Judge Tobias Hampson
Variance Request; NC Appellate Rule 38; Motion to Substitute Parties on Appeal; Standing; Aggrieved Party; Quasi-Judicial Proceedings; Subject Matter Jurisdiction; Conditional Use Permit
Wright v. Alltech Wiring & Controls  (18-833 - Published)   Author: Judge Valerie Zachary
Industrial Commission; Workers' Compensation Act; appellate jurisdiction; coming and going rule; contractual duty exception; traveling salesperson exception
Unpublished Opinions
19 March 2019  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 8 April 2019 

Arroyo v. Yanez (18-497 - Unpublished)   Author: Judge Chris Dillon
Alimony; equitable distribution; divorce; attorney?s fees; dependent spouse; supporting spouse; marital misconduct; marital property; separate property; active appreciation; passive appreciation; business shares; income approach; asset approach; earning capacity; income; expert witness
Arroyo v. Yanez (18-560 - Unpublished)   Author: Judge Chris Dillon
Alimony; equitable distribution; divorce; attorney?s fees; dependent spouse; supporting spouse; marital misconduct; marital property; separate property; active appreciation; passive appreciation; business shares; income approach; asset approach; earning capacity; income; expert witness
Brinkley-Caldwell v. Britthaven, Inc. (18-400 - Unpublished)   Author: Judge Hunter Murphy
Motion to Dismiss; Rules of Civil Procedure; Rule 12(b)(6)
Chalk v. Braakman (18-792 - Unpublished)   Author: Judge Linda McGee
Motion for Directed Verdict; Motion for JNOV; Specific grounds required; Negligence
Cronje v. Johnston (18-698 - Unpublished)   Author: Judge Mark Davis
Summary ejectment; Implied warranty of habitability; Unfair and deceptive trade practices; NCGS § 42-42; Landlord/Tenant
Fed. Nat'l Mortg. Ass'n v. Price (18-775 - Unpublished)   Author: Judge John Tyson
Foreclosure of a deed of trust; subject matter jurisdiction; frivolous appeal.
Helbein v. Helbein (18-383 - Unpublished)   Author: Judge Hunter Murphy
In re: A.B. (18-711 - Unpublished)   Author: Judge John Arrowood
Rule 3.1 case; cessation of reunification efforts.
In re: A.D.S., N.V.S., C.D.S., H.D.S., F.D.S., S.V.S., V.D.S., D.V.S., V.D.S. (18-1111 - Unpublished)   Author: Judge Tobias Hampson
Termination of parental rights; Notice; Best interest determination; Motion to Continue; Motion to Withdraw; Fundamentally fair procedures in termination of parental rights hearings; Right to effective counsel; Right to notice of termination hearing.
In re: A.J.K. (18-906 - Unpublished)   Author: Judge Hunter Murphy
termination of parental rights; best interests determination
In re: A.X.M., Jr. (18-758 - Unpublished)   Author: Judge Wanda Bryant
Ineffective Assistance of Counsel; Termination of Parental Rights
In re: B.L. (18-881 - Unpublished)   Author: Judge Robert Hunter Jr.
Termination of Parental Rights.
In re: J.A.C. (18-595 - Unpublished)   Author: Judge Richard Dietz
Permanency Planning; Denial of Motion to Continue; Guardianship; Verification of Guardians; Understanding of Legal Significance; Adequate Financial Resources
In re: K.N.C.H. (18-913 - Unpublished)   Author: Judge Phil Berger Jr.
termination of parental rights; jurisdiction
In re: M.F.B., L.B., III, M.W.E.B. (18-848 - Unpublished)   Author: Judge John Arrowood
TPR; best interests/disposition
In re: M.R.C-M. (18-898 - Unpublished)   Author: Judge John Arrowood
no merit brief
In re: P.L.R. (18-782 - Unpublished)   Author: Judge Valerie Zachary
termination of parental rights; neglect; best interests of the child
Lea v. David's Bridal of Greensboro, Inc. (18-835 - Unpublished)   Author: Judge Robert Hunter Jr.
Injury by accident.
Makar v. Mimosa Bay Homeowners Ass'n, Inc. (18-547 - Unpublished)   Author: Judge Mark Davis
Homeowners Association; Restrictive Covenants; Summary Judgment; Architectural Review Committee
Mathis v. Jones (18-262 - Unpublished)   Author: Judge Wanda Bryant
Appellate Jurisdiction
O'Buckley v. O'Buckley (18-676 - Unpublished)   Author: Judge Wanda Bryant
Sanctions; Jurisdiction
Stamey v. Stamey (18-397 - Unpublished)   Author: Judge Wanda Bryant
Civil Contempt Order; Interlocutory; Substantial Right
State v. Al-Hamood (18-682 - Unpublished)   Author: Judge Lucy Inman
Motion to Dismiss; Motion to Suppress; First Degree Forcible Sexual Assault; Prejudicial Error
State v. Ardrey (18-460 - Unpublished)   Author: Judge Mark Davis
Attempted felony larceny; value of stolen property; motion to dismiss
State v. Benjamin (18-751 - Unpublished)   Author: Judge John Tyson
Possession with intent to sell or deliver marijuana; motion to suppress; Alford plea; notice of appeal; attorney's fees.
State v. Bradshaw (17-1286 - Unpublished)   Author: Judge John Tyson
Driving while impaired; statute of limitations, NCGS 15-1; citation
State v. Callaghan (18-543 - Unpublished)   Author: Judge Chris Dillon
Statutory rape and sexual offense, N.C. R. E. 412, prejudicial error, ineffective assistance of counsel, reasonable search, exigent circumstances, missing persons
State v. Chester (18-671 - Unpublished)   Author: Judge John Tyson
Possession of controlled substance, NCGS 90-95(a); Motion to suppress; Anders brief
State v. Cole (18-213 - Unpublished)   Author: Judge Hunter Murphy
Ineffective Assistance of Counsel; Cumulative Error; Restitution
State v. Fletcher (18-371 - Unpublished)   Author: Judge John Tyson
Breaking, entering and larceny; alibi witness; ineffective assistance of counsel, motion for appropriate for relief.
State v. Hight (18-555 - Unpublished)   Author: Judge John Tyson
Probation revocation; absconding; Anders brief.
State v. Jackson (18-344 - Unpublished)   Author: Judge Wanda Bryant
Restitution; Competent Evidence
State v. King (18-494 - Unpublished)   Author: Judge Wanda Bryant
Prior Convictions; Unfair Prejudice; Motion to Dismiss
State v. Kope (18-752 - Unpublished)   Author: Judge Wanda Bryant
Post-conviction Relief; Anders Brief
State v. Lane (18-444 - Unpublished)   Author: Judge Richard Dietz
Attempted First Degree Murder; Assault with a Deadly Weapon; Admission of Evidence of Victim's Age; N.C. R. Evid. 401; N.C. R. Evid. 404(b); Challenge to Closing Arguments; Jury Instruction on Self-Defense
State v. Lopes (18-161 - Unpublished)   Author: Judge Wanda Bryant
Jury Instruction; Lesser Included Offense; Legal Presumption
State v. Maurilio (18-155 - Unpublished)   Author: Judge Hunter Murphy
indictment; fatal variance; judgment arrested
State v. Moore (18-591 - Unpublished)   Author: Judge Phil Berger Jr.
jury instructions; deadly weapon; lesser included offense; defense of accident; plain error
State v. Moore (18-576 - Unpublished)   Author: Judge Wanda Bryant
Jurisdiction; Service of Notice of Appeal; Anders Appeal
State v. Morgan (18-412 - Unpublished)   Author: Judge Wanda Bryant
Resentencing; Prejudicial Error
State v. Moss (18-680 - Unpublished)   Author: Judge Robert Hunter Jr.
Assault with a deadly weapon; no duty to retreat provision; trial court's failure to intervene in prosecutor's closing and questions.
State v. Paylor (18-1038 - Unpublished)   Author: Judge John Tyson
Second-degree murder; malice and provocation; lesser-included offenses; jury instructions; failure to instruct; plain error.
State v. Ragland (18-799 - Unpublished)   Author: Judge Wanda Bryant
State v. Richardson (18-500 - Unpublished)   Author: Judge John Tyson
Embezzlement; overwhelming evidence; ineffective assistance of counsel.
State v. Ruffin (18-645 - Unpublished)   Author: Judge Robert Hunter Jr.
Ineffective Assistance of Counsel; Undisclosed Issues.
State v. Sanders (18-930 - Unpublished)   Author: Judge Allegra Collins
Restitution, civil judgments, larceny, breaking and entering
State v. Schricker (18-338 - Unpublished)   Author: Judge Phil Berger Jr.
closing arguments; trial court intervention ex mero motu ; restitution
State v. Shchetinin (18-236 - Unpublished)   Author: Judge John Tyson
Trafficking heroin; possession of methamphetamine; proposed jury instruction.
State v. Smith (18-122 - Unpublished)   Author: Judge Phil Berger Jr.
competency; absolute impasse
State v. Smith (18-789 - Unpublished)   Author: Judge Lucy Inman
Probable Cause; Warrantless Arrest; Staleness; Motion to Suppress
State v. Spikes (18-501 - Unpublished)   Author: Judge Hunter Murphy
discharging a firearm into occupied property; aggravating factor; sentencing
State v. Zimmerman (18-934 - Unpublished)   Author: Judge John Tyson
Civil judgment for attorney's fees; opportunity to be heard.
Tucker Chase, LLC v. Town of Midland (18-847 - Unpublished)   Author: Judge John Arrowood
performance guaranties; Board of Adjustment
Tyson v. Bess (18-879 - Unpublished)   Author: Judge Richard Dietz
Appellate Jurisdiction; Untimely Notice of Appeal; Modification of Child Support; Denial of Rule 60(b) Motion
Wright v. NC Off. of State Hum. Res. (18-276 - Unpublished)   Author: Judge Linda McGee
Exempt designtion; N.C. Gen. Stat. Sec. 126-5(g); notice; Statutory interpretation
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 31 PETITIONS AND 175 MOTIONS.


Filed: 5 March 2019
Mandate: 25 March 2019
Zip File of Published Opinions

Case Title / Description
Brown v. Thompson  (18-919 - Published)   Author: Judge John Arrowood
interlocutory appeal; substantial right; res judicata
Conklin v. Conklin  (18-509 - Published)   Author: Judge Donna Stroud
Attorney's fees, acting in good faith, insufficient means
Crews v. Crews  (18-42 - Published)   Author: Judge Donna Stroud
specific performance, alimony
Donnell-Smith v. McLean  (18-613 - Published)   Author: Judge John Tyson
partition in kind; NCGS 46-3; NCGS 46-10; NCGS 46-13; NCGS 46-16; NCGS 46-19(a); NCGS 46-22; division of unequal interests; exception to commissioners' report; abuse of discretion.
Lake v. State Health Plan For Teachers & State Emps.  (17-1280 - Published)   Author: Judge John Tyson
State Health Plan retired state employees; partial summary judgment; interlocutory appeal; substantial right; US Const. art. I sec. 10; no impairment of contract; unilateral contract; NC Const. art. I, sec. 19
Preston v. Movahed  (18-674 - Published)   Author: Judge Allegra Collins
Medical malpractice 9(j) certification; medical expert willing to testify; facially valid 9(j) certificate
State v. Chevallier  (18-860 - Published)   Author: Judge Allegra Collins
A single transfer by sale or delivery of a counterfeit controlled substance is a single offense; admission of hearsay statement under Rule 801(d)(E)'s co-conspirator exception; motions to dismiss for insufficiency of the evidence charges of transfer of a counterfeit controlled substance under the theories of attempted sale and delivery; instruction on actual possession theory of possession of a firearm by a felon.
State v. Cox  (18-692 - Published)   Author: Judge Tobias Hampson
Motion to dismiss; Sufficiency of the evidence; Felonious intent; Conspiracy to commit robbery with a dangerous weapon; Felonious breaking or entering; Claim of right defense
State v. Jones  (18-176 - Published)   Author: Judge Phil Berger Jr.
motion to suppress; traffic stop; passenger
State v. Malachi  (16-752-2 - Published)   Author: Judge Lucy Inman (View Supreme Court Opinion)
Reasonable Suspicion, Armed and Dangerous, Stop and Frisk, Motion to Suppress
Stewart v. Shipley  (18-745 - Published)   Author: Judge Mark Davis
Service of process; estoppel
Unpublished Opinions
5 March 2019  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 25 March 2019 

Columbus Cty. D.S.S. ex rel Moore v. Norton (18-642 - Unpublished)   Author: Judge Chris Dillon
Child custody; civil contempt; arrears; child support; child support guidelines; income; assets; recuse; motion to recuse; recusal; trial judge; impartiality
Dep't of Transp. v. Bloomsbury Est., LLC (18-773 - Unpublished)   Author: Judge John Tyson
NC Condominium Act, NCGS 47C-1-101; DOT condemnation, NCGS 136-108; interlocutory order- substantial right; appellant's burden on appeal; reply brief- NC R. App. P. 28(h); preclusive effect of prior order.
Eisenbrown v. Town of Lake Lure (17-934 - Unpublished)   Author: Judge Richard Dietz
In re: A.G.B. & D.G.B. (18-729 - Unpublished)   Author: Judge Linda McGee
Termination of Parental Rights, N.C.G.S. Sec. 7B-111(a)(4), No merit brief
In re: H.N.H. & H.L.H. (18-365 - Unpublished)   Author: Judge Linda McGee
Termination of parental rights, N.C.G.S. Sec. 7B-1110, Best interests determination, Required findings of fact
In re: I.L. (18-762 - Unpublished)   Author: Judge Hunter Murphy
termination of parental rights; findings
In re: S.H-K.J.L. & W.L.L. (18-772 - Unpublished)   Author: Judge Linda McGee
N.C. Gen. Stt. Sec. 7B-1111(a)(2); Termination of Parental Rights; Reasonable progress; Hearsay
In re: S.S.S. & S.R.S. (18-514 - Unpublished)   Author: Judge Hunter Murphy
In re: V.O. (18-907 - Unpublished)   Author: Judge John Tyson
Involuntary commitment, waiver of counsel, failure to conduct appropriate colloquy, right to confront witnesses.
Painter v. City of Mt. Holly (18-197 - Unpublished)   Author: Judge Hunter Murphy
Public official immunity; qualified immunity; summary judgment; 42 U.S.C. § 1983
State v. Altman (18-544 - Unpublished)   Author: Judge Chris Dillon
Driving while impaired, felony death by vehicle, admissibility of medical records, sufficiency of the evidence, character evidence of a witness, merger of sentences for lesser-included offenses
State v. Bennett (18-606 - Unpublished)   Author: Judge Linda McGee
Corroborative Testimony; Admission of Party-Opponent; Prejudicial Error
State v. Berrier (18-453 - Unpublished)   Author: Judge Allegra Collins
Jury verdict; guilty versus responsible; verdict form; unconstitutional verdicts; sufficiency of judgment
State v. Cooper (18-637 - Unpublished)   Author: Judge Richard Dietz
Satellite-Based Monitoring; Fourth Amendment; Reasonableness; Required Evidence of Effectiveness
State v. Gaskins (18-970 - Unpublished)   Author: Judge Lucy Inman
State v. Gilbert (18-614 - Unpublished)   Author: Judge John Tyson
Embezzlement of a charitable organization by an officer, NCGS 14-92; jury instructions- plain error; motion to dismiss; intent- mens rea; actus reus; opinion testimony; ineffective assistance of counsel.
State v. Gilliam (18-260 - Unpublished)   Author: Judge Wanda Bryant
Prior Record Level; Stipulation; Mitigating Factor; Aggravating Factor; Notice
State v. Guevara (18-582 - Unpublished)   Author: Judge Donna Stroud
expert opinion, aggravating factor
State v. Kesler (18-971 - Unpublished)   Author: Judge Lucy Inman
State v. Maier (18-771 - Unpublished)   Author: Judge John Arrowood
indictments; obtaining property by false pretenses; motion to dismiss
State v. Oglesby (18-277 - Unpublished)   Author: Judge Wanda Bryant
Rule 404(b); Hearsay Rule; Corroborative Evidence; Jury Instruction
State v. Rinehart (18-298 - Unpublished)   Author: Judge Wanda Bryant
Invited Error; Final Closing Argument; Introduce Evidence
State v. Robinson (18-343 - Unpublished)   Author: Judge Robert Hunter Jr.
Search and Seizure; Strip Search; Exigent Circumstances.
State v. Seeman (18-969 - Unpublished)   Author: Judge Lucy Inman
State v. Waycaster (18-247 - Unpublished)   Author: Judge Phil Berger Jr.
motion to dismiss; counterfeit instruments; attorney's fees
State v. Wynn (18-536 - Unpublished)   Author: Judge Donna Stroud
general various and specific motions to dismiss, 404(b) evidence
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 31 PETITIONS AND 175 MOTIONS.


Filed: 19 February 2019
Mandate: 11 March 2019
Zip File of Published Opinions

Case Title / Description
Bezzek v. Bezzek  (18-761 - Published)   Author: Judge Donna Stroud
interlocutory
Brodkin v. Novant Health, Inc.  (18-805 - Published)   Author: Judge Richard Dietz
Breach of contract; Hospital termination of physician's employment contract; Contractual right to exercise professional judgment; Wrongful discharge and public policy; Defamation and defense of qualified privilege
Denney v. Wardson Constr., Inc.  (18-667 - Published)   Author: Judge Richard Dietz
Interlocutory Appeal; Substantial Right; Res Judicata; Statement of Grounds for Appellate Review
In re: Aaron's Inc.  (18-607 - Published)   Author: Judge Valerie Zachary
rent-to-own; ad valorem taxation; inventory exclusion
In re: George  (18-611 - Published)   Author: Judge Valerie Zachary
non-judicial foreclosure sale; trustee as necessary party; Rule 60(b); notice of foreclosure proceeding; good faith purchaser
In re: J.P.S.  (18-708 - Published)   Author: Judge Valerie Zachary
involuntary commitment; dangerous to self; dangerous to others; reasonable probability of future harm
In re: Est. of Johnson  (18-778 - Published)   Author: Judge John Tyson
Spouse's year's allowance- NCGS 30-15; deficiency in payment; revocation of letters testamentary- NCGS 28-4-1; appeals to superior court; standards of review; de novo hearing; credit against bequest to surviving spouse.
Kennedy v. DeAngelo  (18-603 - Published)   Author: Judge Richard Dietz
Medical malpractice; Rule 9(j); Required fact-finding by trial court; Rule of Evidence 702; Separate specialties in general dentistry, periodontics, and oral surgery
Nanny's Korner Day Care Ctr., Inc. v. NC Dep't of Health & Hum. Servs.  (18-679 - Published)   Author: Judge Robert Hunter Jr.
Statute of limitations; Procedural due process; Claim against State agency, DHHS.
State v. Augustin  (18-373 - Published)   Author: Judge Chris Dillon
Motion to suppress, unlawful search and seizure, reasonable suspicion, companion?s actions, backing away
State v. Conley  (18-305 - Published)   Author: Judge Wanda Bryant
Sentencing; Double Jeopardy; Rule 2; Statutory Interpretation
State v. Corbett  (18-327 - Published)   Author: Judge Mark Davis
Statutory rape; Sexual exploitation of a minor; Lascivious Act; Motion to dismiss
State v. Koke  (18-662 - Published)   Author: Judge John Tyson
Obtaining property by false pretenses; insurance fraud; plain error review; relevancy; limiting instructions; disclosure on application.
State v. Parks  (18-422 - Published)   Author: Judge Hunter Murphy
self-defense instruction; flight instruction
Walker v. K&W Cafeterias  (18-429 - Published)   Author: Judge John Tyson
Workers' Compensation; wrongful death; third-party tortfeasor; subrogation lien; jurisdiction- choice of law; In re Civil Penalty.
Unpublished Opinions
19 February 2019  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 11 March 2019 

Caldwell Mem'l Hosp., Inc. v. NC Dep't of Health & Hum. Servs. (18-586 - Unpublished)   Author: Judge John Arrowood
certificate of need; substantial prejudice
Cannizzaro v. Set in Stone, Inc. (18-594 - Unpublished)   Author: Judge Robert Hunter Jr.
Breach of Contract.
Cheatham v. Town of Taylortown (18-625 - Unpublished)   Author: Judge John Arrowood
subject matter jurisdiction; failure to exhaust administrative remedies
Funderburk v. City of Greensboro, NC (18-632 - Unpublished)   Author: Judge Lucy Inman
SUBJECT MATTER JURISDICTION ADMINISTRATIVE REMEDY QUASI-ESTOPPEL ZONING
Hampton v. NC Dep't of Transp. (18-684 - Unpublished)   Author: Judge John Tyson
Tort Claims Act, negligence; NC Department of Transportation; highway widening; flooding unchallenged findings of fact; proximate cause; duty of care.
In re: A.W. (18-877 - Unpublished)   Author: Judge Hunter Murphy
3.1; no merits brief
In re: D.P., J.P., J.P. (18-857 - Unpublished)   Author: Judge Robert Hunter Jr.
Permanency Planning Order, Neglected and Dependent.
In re: J.E.O. (18-585 - Unpublished)   Author: Judge Robert Hunter Jr.
Willful Abandonment.
In re: K.S. (18-763 - Unpublished)   Author: Judge Linda McGee
Permanent plan; elimination of reunification; N.C. Gen. Stat. Sec. 7B-906.2
In Re: P.R.T. (18-730 - Unpublished)   Author: Judge Hunter Murphy
3.1; neglect; removal; willful abandonment
King v. Pike Elec. (18-440 - Unpublished)   Author: Judge Wanda Bryant
Compromise Settlement Agreement; Enforceable
Nordman v. Nordman (18-405 - Unpublished)   Author: Judge Lucy Inman
Robinson v. GGNSC Holdings, LLC (18-706 - Unpublished)   Author: Judge Chris Dillon
Entry of default, notice, default judgment, medical malpractice, language of the complaint, motion for relief
State v. Brinkley (18-435 - Unpublished)   Author: Judge Tobias Hampson
Motion to Dismiss; Aggravating factor; Aggravated offense; Satellite-based monitoring.
State v. Bryan (18-605 - Unpublished)   Author: Judge Hunter Murphy
probation violation; absconding; notice
State v. Bunkley (18-545 - Unpublished)   Author: Judge Phil Berger Jr.
plea agreements; petition for a writ of certiorari; clerical error
State v. Everett (18-449 - Unpublished)   Author: Judge Richard Dietz
Indecent liberties with a child; Rule 404(b) evidence of prior sexual assault; Plain error; Requirements of similarity and temporal proximity; Summary imposition of satellite-based monitoring without evidence
State v. Foster (18-540 - Unpublished)   Author: Judge Phil Berger Jr.
probable cause; search warrant; confidential informant
State v. Little (18-757 - Unpublished)   Author: Judge Valerie Zachary
larceny from the person; misdemeanor larceny; jury instructions
State v. Logan (18-723 - Unpublished)   Author: Judge Richard Dietz
Limitation on right to appeal after guilty plea; Challenge to factual basis for plea and sufficiency of evidence; Challenge to prior convictions underlying plea to habitual charges; Sentencing in accordance with plea agreement; Challenge to calculation of prior record level; Appellate jurisdiction for MAR
State v. Renderos (18-590 - Unpublished)   Author: Judge John Tyson
Driving while impaired, portable breath test, relevance, prejudice, unpreserved error, waived plain error review.
State v. Robinson (18-661 - Unpublished)   Author: Judge Chris Dillon
possession of a firearm by a felon; habitual felon; possession; constructive possession; actual possession; totality of the circumstances; relevance; relevant evidence; Rule 401; Rule 402; prejudicial; domestic violence protective order; DVPO
State v. Sadler (18-812 - Unpublished)   Author: Judge Phil Berger Jr.
motion to dismiss; driving while impaired; jury instructions
State v. Slade (18-352 - Unpublished)   Author: Judge Lucy Inman
Forfeiture Final judgment date Relief
State v. Ward (18-369 - Unpublished)   Author: Judge Mark Davis
Hearsay; plain error
State v. Wardrett (18-434 - Unpublished)   Author: Judge Valerie Zachary
impartial jury; N.C.R. App. P. 2; expert ballistics testimony; prior conviction under Rule 609(b)
State v. Whitmore (18-798 - Unpublished)   Author: Judge John Arrowood
felony death by vehicle; necessity; duress; prior record level
State v. Woods (18-442 - Unpublished)   Author: Judge Phil Berger Jr.
guilty plea; preservation; Rule 2
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 31 PETITIONS AND 175 MOTIONS.


Filed: 5 February 2019
Mandate: 25 February 2019
Zip File of Published Opinions

Case Title / Description
The Est. of William Belk v. Boise Cascade Wood Prods., L.L.C.  (18-542 - Published)   Author: Judge Chris Dillon
Workers? compensation, jurisdiction, interlocutory, transformation of 12(b)(6) into summary judgment, lent employee doctrine, no genuine issue of fact
In re: B.M.B.  (18-428 - Published)   Author: Judge Hunter Murphy
juvenile, mootness, dismissed as moot
Jones v. Jones  (18-478 - Published)   Author: Judge John Arrowood
entry of default; specific performance
Lamb v. Styles  (18-350 - Published)   Author: Judge Linda McGee
Professional Negligence; Surveyors; Duty of Care
McLaughlin v. Bailey  (18-665 - Published)   Author: Judge Donna Stroud
60(b)(6), subordinate tribunals may not overrule higher tribunals
Rivera v. Matthews  (18-359 - Published)   Author: Judge Lucy Inman
Abatement; Subject-Matter Jurisdiction; Child Custody; Grandparent Custody/Visitation
Smith v. Rodgers  (18-261 - Published)   Author: Judge Lucy Inman
Equitable distribution Painter Watson Claim
State v. Nixon  (18-787 - Published)   Author: Judge Tobias Hampson
Motion for Appropriate Relief; Bill of Information; Waiver of Indictment; Jurisdiction
State v. Shelton  (17-1426 - Published)   Author: Judge Mark Davis
Motion to dismiss; N.C. Gen. Stat. § 20-138.1(a)(1); N.C. Gen. Stat. § 20-141.4; prescription drugs; driving while impaired; closing argument
State v. Sheridan  (18-312 - Published)   Author: Judge John Tyson
Motion to dismiss, sexual offense in a parental role, parent-child relationship, pro se motion for speedy trial, motion for mistrial, satellite-based monitoring determination.
Unpublished Opinions
5 February 2019  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 25 February 2019 

Banyan GW, LLC v. Wayne Preparatory Acad. Charter Sch., Inc. (18-378 - Unpublished)   Author: Judge Mark Davis
Liquidated damages; illusory contract; unconscionability; condition precedent; charter school
Brunson v. NC Dep't of Justice (18-837 - Unpublished)   Author: Judge Lucy Inman
Industrial Commission; default; subject matter jurisdiction
Brunson v. NC Dep't of Justice (18-656 - Unpublished)   Author: Judge Lucy Inman
Industrial Commission; default judgment; subject matter jurisdiction
Foster v. Wells Fargo Bank, N.A. (18-643 - Unpublished)   Author: Judge Richard Dietz
Appeal from Rule 12(b)(6) dismissal; Appeal from Denial of Rule 60(b)(6) motion; Timeliness of notice of appeal
Hunt v. Collinsworth (18-301 - Unpublished)   Author: Judge Robert Hunter Jr.
Res Judicata; Name Change.
In re: C.S. (18-439 - Unpublished)   Author: Judge Hunter Murphy
juvenile, mootness, dismissed as moot
In re: G.G.K. & C.R.K. (18-640 - Unpublished)   Author: Judge Chris Dillon
Case description: termination; parental rights; willfulness; abandonment; foster care; sex offender; substance abuse
In re: I.C. (18-869 - Unpublished)   Author: Judge Phil Berger Jr.
permanency planning order; notice of appeal
In Re: J.P.N. (18-622 - Unpublished)   Author: Judge Donna Stroud
adjudication of neglect
In re: N.A.C. (18-721 - Unpublished)   Author: Judge Donna Stroud
no-merit brief, termination, parental rights
In re: N.L.C. (18-669 - Unpublished)   Author: Judge Phil Berger Jr.
termination of parental rights; best interest of the child
In Re: S.M. (18-759 - Unpublished)   Author: Judge Chris Dillon
Child custody, verification of each guardian, reunification, competent evidence
Int'l Prop. Dev., LLC v. K Constr. & Roofing, LLC (17-509-2 - Unpublished)   Author: Judge Hunter Murphy
Denial of motion for summary judgment; damages award; claim of lien upon funds; equitable lien; constructive trust
Lloyd v. Bailey (18-666 - Unpublished)   Author: Judge Donna Stroud
Rule 60(b)(6), subordinate tribunals may not overrule higher tribunals
Morgan v. Defeo (18-322 - Unpublished)   Author: Judge Robert Hunter Jr.
Domestic Violence Protective Order.
Sanghrajka v. Fam. Fare, LLC (18-164 - Unpublished)   Author: Judge Phil Berger Jr.
motion to dismiss; contract; continuing wrong doctrine; UDTP claim
State v. Bros. (18-177 - Unpublished)   Author: Judge Richard Dietz
Anders Brief; Clerical Error on Judgment Form; Possession of a Firearm by a Felon
State v. Brown (18-279 - Unpublished)   Author: Judge Lucy Inman
Turner Statute of Limitations Driving while impaired
State v. Clark (18-291 - Unpublished)   Author: Judge Richard Dietz
Superior Court Jurisdiction to Hear Misdemeanor Charges in First Instance; Sufficiency of Record to Establish Subject Matter Jurisdiction of Trial Court; Jurisdictional Defect in Appellate Record Where Presentment Not Included in Record
State v. Clawson (18-57 - Unpublished)   Author: Judge Hunter Murphy
Ineffective Assistance of Counsel
State v. Davis (18-471 - Unpublished)   Author: Judge Lucy Inman
Anders Kinch Written argument
State v. Dotson (18-443 - Unpublished)   Author: Judge Lucy Inman
Anders Kinch Written argument
State v. Forte (17-669-2 - Unpublished)   Author: Judge Robert Hunter Jr.
Sufficiency of Habitual felon indictment.
State v. Fowler (16-947-2 - Unpublished)   Author: Judge Robert Hunter Jr.
Jury Instructions; Expert Testimony.
State v. Johnson (18-556 - Unpublished)   Author: Judge Lucy Inman
speeding to elude arrest; habitual felon; restitution
State v. Kingsberry (18-226 - Unpublished)   Author: Judge Wanda Bryant
Ex Mero Motu; Invited Error; Acting in Concert
State v. Lamberth (18-370 - Unpublished)   Author: Judge Lucy Inman
Indictment Jurisdiction Communicating threats Insufficiency of the evidence
State v. Latham (17-1075 - Unpublished)   Author: Judge Hunter Murphy
Hearsay; Rule 403; Vouching of victim credibility
State v. Lloyd (18-53 - Unpublished)   Author: Judge Hunter Murphy
Sentencing
State v. McKoy (18-564 - Unpublished)   Author: Judge Lucy Inman
DWI; habitual felon; Anders; guilty plea
State v. Morgan (18-575 - Unpublished)   Author: Judge Lucy Inman
Analogue Ethylone Controlled substance Insufficient evidence Continuance
State v. Narron (18-193 - Unpublished)   Author: Judge Phil Berger Jr.
admissibility of evidence; plain error
State v. Otto (18-574 - Unpublished)   Author: Judge Richard Dietz
Ineffective Assistance of Counsel Claim; Untimely Motion to Suppress
State v. Sanders (18-476 - Unpublished)   Author: Judge Lucy Inman
Motion to Dismiss; Sufficiency of the Evidence; Drug Trafficking
State v. Spencer (18-304 - Unpublished)   Author: Judge Chris Dillon
Case description: attempted rape; assault; strangulation; prior bad acts; testimony; evidence; 404(b); character evidence; unduly prejudicial; prejudicial error; 403
State v. Swafford (18-324 - Unpublished)   Author: Judge Phil Berger Jr.
Satellite-based monitoring; Ineffective assistance of counsel
State v. Thompson (18-423 - Unpublished)   Author: Judge Hunter Murphy
Possession of a firearm by a felon; constructive possession; IAC; appeal dismissed
State v. Tyson (18-459 - Unpublished)   Author: Judge Richard Dietz
Civil Judgment for Court-Appointed Counsel Fees; Notice and Opportunity to be Heard; Imposition of Court Costs and Fees; Restitution
State v. White (18-401 - Unpublished)   Author: Judge Lucy Inman
Notice of appeal Civil judgment Jurisdiction
Summit De Corp. v. Kweider Bros. Inc. (18-353 - Unpublished)   Author: Judge Robert Hunter Jr.
Enforcing Mediated Settlement Agreement.
Teague & Glover, P.A. v. Kane & Silverman, P.C. (17-727 - Unpublished)   Author: Judge Phil Berger Jr.
personal jurisdiction; contract; court costs; prejudgment interest
Turnmire v. Eldreth (17-960 - Unpublished)   Author: Judge Phil Berger Jr.
Walz v. Walz (18-240 - Unpublished)   Author: Judge Phil Berger Jr.
custody order; subject matter jurisdiction; UCCJEA
Young v. Bailey (18-664 - Unpublished)   Author: Judge Donna Stroud
Rule 60(b)(6), subordinate tribunals may not overrule higher tribunals
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 31 PETITIONS AND 175 MOTIONS.


Filed: 15 January 2019
Mandate: 4 February 2019
Zip File of Published Opinions

Case Title / Description
Dill v. Loiseau  (18-361 - Published)   Author: Judge Mark Davis
Declaratory Judgment; Restrictive covenants; General scheme of development; Radical changes to covenanted area; Waiver of right to enforce covenants
In re: E.M.  (18-685 - Published)   Author: Judge Valerie Zachary
juvenile delinquency; mandatory referral to area mental health services director when trial court presented with evidence that juvenile is mentally ill
In re: I.R.L.  (18-427 - Published)   Author: Judge Chris Dillon
Parental rights; termination; domestic violence; DVPO; abandonment; willfulness; child support; notice
Jackson v. Don Johnson Forestry, Inc.  (18-354 - Published)   Author: Judge Chris Dillon
Wills, property rights, life estate, remaindermen, timber rights, trover, indemnity
Marlin Leasing Corp. v. Essa  (18-610 - Published)   Author: Judge Mark Davis
Full Faith and Credit; service of process; default judgment; foreign jurisdiction
State v. Casey  (18-269 - Published)   Author: Judge Chris Dillon
Vouching; Credibility; Invited Error; Ineffective Assistance of Counsel; Motion for Appropriate Relief; Cross-Examination; Sexual Abuse; Expert; Trial Counsel; Appellate Counsel
State v. Gonzalez  (18-228 - Published)   Author: Judge Richard Dietz
Conflicting Court of Appeals Precedent; In re Civil Penalty; Authority of Court of Appeals Panels to Overrule Earlier Panel Decisions
State v. Hinton  (18-530 - Published)   Author: Judge Valerie Zachary
aggravated sentencing; aggravating factor; Blakely v. Washington; harmless error
State v. Juene  (18-526 - Published)   Author: Judge Chris Dillon
Robbery; Robbery with a Dangerous Weapon; Motion to Suppress; Pre-trial Identification; Show-up; Sixth Amendment; Impermissibly Suggestive
State v. Mayo  (18-331 - Published)   Author: Judge Phil Berger Jr.
guilty plea; Anders brief; civil judgment for attorney's fees and costs
State v. Smith  (18-518 - Published)   Author: Judge John Tyson
First-degree capital murder; premeditation and deliberation; felony murder; jury instructions on informant's testimony; acting in concert; Rules of Evidence, 401, 402 and 403.
State v. Wilson  (18-550 - Published)   Author: Judge Valerie Zachary
motion to dismiss; disseminating obscene material to a minor; unanimous jury verdict; indecent liberties; first-degree statutory rape of a child; reconsideration of decision not to testify
Walsh v. Jones  (18-496 - Published)   Author: Judge Donna Stroud
custody modification, visitation
Unpublished Opinions
15 January 2019  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 4 February 2019 

D.A.N. Joint Venture Props. Of NC, LLC v. N.C. Grange Mut. Ins. Co. (18-265 - Unpublished)   Author: Judge Valerie Zachary
Dingeman v. Mission Health Sys., Inc. (18-634 - Unpublished)   Author: Judge Chris Dillon
Industrial Commission; workers compensation; Parsons presumption; compensability; burden of proof
Gray v. NC Dep't of Pub. Safety (18-446 - Unpublished)   Author: Judge Chris Dillon
Sex discrimination; hostile work environment; office of administrative hearings; judicial notice; just cause; subject matter jurisdiction; administrative remedies; ?whole record? test
Hughes v. Drohan (18-399 - Unpublished)   Author: Judge Donna Stroud
child support, change of circumstances, income, expenses
In re: A.H. (18-624 - Unpublished)   Author: Judge Chris Dillon
Parental rights, termination, neglect, willfulness, reasonable progress, visitation, best interest of the child
In re: C.L.R. & Z.N.R. (18-314 - Unpublished)   Author: Judge Donna Stroud
termination of parental rights
In re: N.J.M.G. (18-715 - Unpublished)   Author: Judge Phil Berger Jr.
termination of parental rights; neglected juvenile
In re: S.M.M. (18-561 - Unpublished)   Author: Judge Phil Berger Jr.
termination of parental rights; neglected juvenile
In re: T.O., Jr., K.D-D., T.O. (18-596 - Unpublished)   Author: Judge Donna Stroud
termination of parental rights, no merit brief, Rule 3.1(e)
Rolls v. Just Stumps, Inc. (17-1322 - Unpublished)   Author: Judge Hunter Murphy
Workers' Compensation
State v. Aguilh (18-310 - Unpublished)   Author: Judge Lucy Inman
Preservation; Plain Error; Motions to Suppress; N.C. Gen. Stat § 15A-975(c)
State v. Baker (17-1354 - Unpublished)   Author: Judge Robert Hunter Jr.
Anders
State v. Blue (18-677 - Unpublished)   Author: Judge Valerie Zachary
sufficiency of the evidence; assault upon a law enforcement agency animal; N.C.R. App. P. 2; jury instruction; plain error
State v. Bova (18-413 - Unpublished)   Author: Judge Wanda Bryant
Sentencing; aggravating Factors; Stipulation
State v. Burney (18-455 - Unpublished)   Author: Judge Robert Hunter Jr.
Collateral Attack; IAC; Motion to Dismiss.
State v. Dinkins (18-138 - Unpublished)   Author: Judge Robert Hunter Jr.
Rule 404(b)
State v. Disorda (18-620 - Unpublished)   Author: Judge Chris Dillon
Solicitation by Computer; Appearing at a Location; Entrapment; Motion to Dismiss; Rule 2; Jury Instruction; Confession; Closing Argument; ex mero motu; Clerical Error
State v. Ford (18-535 - Unpublished)   Author: Judge Robert Hunter Jr.
Motion to Dismiss; Preservation; Rule 10.
State v. Gibson (18-454 - Unpublished)   Author: Judge Valerie Zachary
appellate jurisdiction; untimely notice of appeal; writ of certiorari; admission of a videotape as substantive/illustrative evidence; preservation of alleged errors by trial court; imposition of civil judgment for attorney's fees without notice and opportunity to be heard
State v. Gomez (18-144 - Unpublished)   Author: Judge Robert Hunter Jr.
Second Degree Forcible Rape; Penetration.
State v. Hopper (18-558 - Unpublished)   Author: Judge Robert Hunter Jr.
Constructive Possession.
State v. Hughes (18-631 - Unpublished)   Author: Judge Robert Hunter Jr.
Plain Error.
State v. Hugo (18-342 - Unpublished)   Author: Judge Richard Dietz
Burglary; Conspiracy; Sufficiency of Evidence of Intent Element of First Degree Burglary; Right to Appeal from Arrested Judgment
State v. Kawelo (18-316 - Unpublished)   Author: Judge Phil Berger Jr.
plea agreements; N.C. Gen. Stat. § 14-202.5
State v. Mills (18-315 - Unpublished)   Author: Judge Robert Hunter Jr.
Constructive Possession; Exclusive Control.
State v. Mitchell (18-333 - Unpublished)   Author: Judge Richard Dietz
Murder; Conspiracy to Commit Murder; Testimony Regarding Defendant's Silence; Ineffective Assistance of Counsel; Sufficiency of Evidence to Support Multiple Counts of Conspiracy
State v. Mooney (18-368 - Unpublished)   Author: Judge Chris Dillon
Cross-examination; preserved; objection; prior bad acts; plain error; impeachment; ?open the door?
State v. Morales (18-539 - Unpublished)   Author: Judge Phil Berger Jr.
motion to suppress; Miranda warnings; interrogation; voluntary statements
State v. Reynolds (18-445 - Unpublished)   Author: Judge Robert Hunter Jr.
Anders; Remand Instructions.
State v. Richardson (17-1313 - Unpublished)   Author: Judge Robert Hunter Jr.
Use of Threat; Use of Deadly Weapon.
State v. Ryckeley (18-139 - Unpublished)   Author: Judge Robert Hunter Jr.
Possession of a Firearm.
State v. Sinclair (18-293 - Unpublished)   Author: Judge Robert Hunter Jr.
Plain Error; Jury Instructions.
State v. Smith (18-421 - Unpublished)   Author: Judge Chris Dillon
Motion to suppress, fruit of the poisonous tree, inevitable discovery, plain view, motion to dismiss, constructive possession
State v. Terrell (18-237 - Unpublished)   Author: Judge Mark Davis
Motion to suppress; Driving while impaired; Probable cause; De facto arrest; Conflict between oral and written orders of trial court
State v. W. (18-242 - Unpublished)   Author: Judge Lucy Inman
Guilty Plea; Petition for Writ of Certiorari
State v. Waddell (18-219 - Unpublished)   Author: Judge Phil Berger Jr.
State v. Weaver (18-740 - Unpublished)   Author: Judge John Arrowood
SBM; juror communication
Swanson v. Enloe (18-617 - Unpublished)   Author: Judge Wanda Bryant
Rules of Appellate Procedure; Rule 3; Notice of Appeal
Veer Right Mgmt. Grp., Inc. v. Czarnowski Display Serv., Inc. (18-420 - Unpublished)   Author: Judge Robert Hunter Jr.
Complex business case with claims for breach of fiduciary duty, aiding and abetting breach of fiduciary duty, civil conspiracy, tortious interference with employment contract; unfair and deceptive trade practices; and adverse inference.
Welch v. R&M Charlotte LLC (17-649 - Unpublished)   Author: Judge Phil Berger Jr.
contract; contract interpretation
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 31 PETITIONS AND 175 MOTIONS.


Filed: 2 January 2019
Mandate: 22 January 2019
Zip File of Published Opinions

Case Title / Description
Meinck v. City of Gastonia  (16-892-2 - Published)   Author: Judge John Tyson (View Supreme Court Opinion)
Governmental injury; waiver-insurance; ambiguous terms; summary judgment; general liability policy
NC Farm Bureau Mut. Ins. Co., Inc. v. Cox  (18-225 - Published)   Author: Judge Linda McGee
Liability insurance; Duty to Defend; Proximate Cause; Bodily Injury
Propst Bros. Dists., Inc. v. Shree Kamnath Corp.  (18-519 - Published)   Author: Judge Linda McGee
Restrictive Covenant; Negative Covenant; Affirmative Covenant; Real Property; Deeds; Ambiguity
Unpublished Opinions
2 January 2019  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 22 January 2019 

Bordini v. Donald J. Trump For President, Inc. (18-409 - Unpublished)   Author: Judge Chris Dillon
Vicarious liability, independent contractor, negligent retention, actual and constructive notice, summary judgment