Court of Appeals Slip Opinions
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Filed: 19 December 2017 Mandate: 8 January 2018 Zip File of Published Opinions Case Title / Description | |
| Azar v. Town of Indian Trail Bd. of Adjustment (17-704 - Published)
NCGS 160A-393 judicial review; motion to dismiss; failure to name a necessary party; proper respondent; special use permit | |
| Ecoplexus Inc. v. Cty. of Currituck (17-656 - Published)
Solar farm; use permit; prima facie showing; harmonious use; rebuttal evidence. | |
| In re: R.S.M. (17-499 - Published)
subject matter jurisdiction; clerical error | |
| Lasecki v. Lasecki (17-79 - Published)
Unincorporated Separated Agreement; Child Support; Alimony; Changed Circumstances; Employment; Motion to Reopen the Evidence; Specific Performance; Contract | |
| Little River, LLC v. Lee Cty. (17-461 - Published)
special use permit; prima facie showing; standing; de novo and whole record review; sufficiency of the evidence. | |
| McVicker v. Bogue Sound Yacht Club, Inc. (17-447 - Published)
Planned Community Act (PCA) NCGS 47F-1-101 et seq.; posting a bond; restrictive covenants; power to fine under the PCA; mootness; summary judgment; Homeowners' Associations. | |
| Mid-Am. Apartments, L.P. v. The Block At Church Street Owners Ass'n, Inc. (16-819 - Published)
Illegal Contracts; Permanent Injunction; Summary Judgment; Easements | |
| Mkt. Am., Inc. v. Lee (17-342 - Published)
Voluntary dismissal; bad faith; interlocutory appeal; covenant not to compete | |
| The NC State Bar v. Foster (17-443 - Published)
Attorney discipline; magistrates as judicial officers; meaning of tribunal; conduct prejudicial to the administration of justice; N.C. Rules of Professional Conduct 3.5(a)(4)(B) and 8.4(d) | |
| The NC State Bar v. Livingston (17-277 - Published)
Rules of Professional Conduct; Disciplinary Hearing | |
| Proffitt v. Gosnell (17-233 - Published)
Summary Judgment - Contributory Negligence and Last Clear Chance | |
| Ring v. Moore Cty. (16-1034 - Published)
Standing for an adjacent landowner's challenge to a rezoning ordinance | |
| State v. Barker (17-97 - Published)
Rule 702; Admissibility of HGN test results; Daubert Standard | |
| State v. Fuller (17-692 - Published)
4th Amendment; warrantless search of defendant's person; search incident to arrest; motion to suppress; plain error review; new argument on appeal not considered by trial court. | |
| State v. Malloy (17-408 - Published)
Hit and Run Resulting in Death; Hit and Run Resulting in Injury; Lesser Included Offense | |
| State v. Pena (16-1075 - Published)
Sixth Amendment right of counsel, clear and unequivocal waiver required, knowing and voluntary waiver of right to counsel, misconduct | |
| State v. Santifort (17-202 - Published)
Rule 60(b) motion; special proceedings; Rule 24 motion to intervene; subject matter jurisdiction | |
| Tillett v. Town of Kill Devil Hills (17-433 - Published)
Public Record Request; No Jurisdiction; Jurisdictional vs. Procedural Rules | |
| Walton NC, LLC v. The City of Concord (17-822 - Published)
Re-zoning; common law vested rights; expired plat approval, development agreements. | |
| Wilson v. SunTrust Bank (17-482 - Published)
Trial court presumed to have jurisdiction | |
| WLAE, LLC v. Edwards (17-154 - Published)
Prejudicial effect of appeal dismissal on subsequent appeal; Rule 12(b)(1); subject matter jurisdiction; standing; Rule 17(a); substitution; ratification | |
| Unpublished Opinions 19 December 2017 - Rule 30e - Zip File of Unpublished Opinions Mandate: 8 January 2018 | |
| Ball v. Cogdill (17-409 - Unpublished)
Lease; Year-to-year tenancy; Notice; Summary ejectment | |
| Bernard v. DeBlanco (17-659 - Unpublished)
summary ejectment | |
| Fisher v. United Cont'l Holdings, Inc. (16-1210 - Unpublished)
Workers Compensation, death proximately related to compensable injury, causally related to workplace injury | |
| Fuller v. Fuller (17-430 - Unpublished)
Record on Appeal | |
| In re Medlin (17-784 - Unpublished)
Involuntary commitment; mentally ill; dangerous to self | |
| In re T.S.P. (17-653 - Unpublished)
Involuntary Commitment Standards; Not Guilty By Reason of Insanity; Effect of Vacated Criminal Judgment | |
| Jenkins v. Thomas (17-224 - Unpublished)
License revocation; Superior Court review; N.C. Gen. Stat. Section 20-16.2(e). | |
| Mills v. Davis (16-737 - Unpublished)
Modification of Child Custody and Child Support; Contempt; Jurisdiction; Attorney?s Fees | |
| Owen v. Davis (17-143 - Unpublished)
Child Sexually Abused; Custody to Mother. | |
| Pair v. Charlotte-Mecklenburg Hosp. Auth. (17-586 - Unpublished)
costs; involuntary dismissal; Rule 58; estoppel | |
| State v. Bayse (17-528 - Unpublished)
Evidentiary motions, Post-conviction DNA Testing, Anders briefing | |
| State v. Blakeney (17-395 - Unpublished)
Motion to Dismiss, Communicating Threats, Indirect versus Direct Threats, Subjective Belief | |
| State v. Boney (17-549 - Unpublished)
Kidnapping, Assault on a Female, Motion to Dismiss | |
| State v. Borsello (17-40 - Unpublished)
Possession of a firearm by a felon; Prior inconsistent statements; Collateral matters; Invited error | |
| State v. Brooks (17-279 - Unpublished)
Motion to preserve evidence for post-conviction DNA testing; whether motion functions as an MAR. | |
| State v. Chancellor (16-993 - Unpublished)
notice of appeal | |
| State v. Dixon (17-25 - Unpublished)
Acting in Concert; Jury Instruction; Assault with a Deadly Weapon | |
| State v. Figueroa (17-363 - Unpublished)
Driving while impaired; propriety of prosecutor?s closing argument. | |
| State v. Floyd (17-613 - Unpublished)
Post-conviction DNA Testing, Timely appeal, Repeat hearing | |
| State v. Fox (17-355 - Unpublished)
PWC; Alford Plea;No Factual Basis. | |
| State v. Lane (17-451 - Unpublished)
Trafficking in Opium; Jury Instructions; Defense of Lawful Possession by Valid Prescription; Plain Error Review | |
| State v. Lane (17-435 - Unpublished)
Ineffective assistance of counsel; felony larceny. | |
| State v. Leistra (17-187 - Unpublished)
Failure to return semiannual verification notice for sex offender registration; requirement that a defendant actually receive the verification form in order to be convicted for failure to return the form. | |
| State v. Marshall (17-749 - Unpublished)
Misdemeanor assault, No contest, Anders briefing, statutory right, Prior record level calculation | |
| State v. Matthews (17-349 - Unpublished)
Ineffective Assistance of Counsel; Lawyer's Admission of Guilt. | |
| State v. Mayes (17-621 - Unpublished)
Rule 702; expert testimony | |
| State v. Mitchell (17-369 - Unpublished)
Fatal Indictment; Motion to Suppress; Delayed Traffic Stop. | |
| State v. Perry (17-223 - Unpublished)
Hearsay Exception; Confrontation Clause; Motion to Continue to Locate and Subpoena a Witness; Motion to Dismiss | |
| State v. Shields (17-69 - Unpublished)
Jury instructions; Duress; Lesser-included offense; N.C. Gen. Stat. Section 14-54. | |
| Warner v. Warner (17-421 - Unpublished)
Alimony Award. | |
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Filed: 5 December 2017 Mandate: 28 December 2017 Zip File of Published Opinions Case Title / Description | |
| Chapel H.O.M. Assocs., LLC v. RME Mgmt., LLC (16-1030 - Published)
Lease renewal; Motion to dismiss; Equitable estoppel; Unfair and deceptive trade practices; Declaratory judgment | |
| Hall v. U.S. Xpress, Inc. (17-333 - Published)
Workers' Compensation: timeliness of claim under N.C. Gen. Stat. 97-24(a)(ii); disabled claimant's contribution to handicapped accessible housing | |
| Hampton v. Cumberland Cty. (16-704 - Published)
(View Supreme Court Opinion) Zoning; Writ of Certiorari from Board of Adjustment; N.C. Gen. Stat. 153A-340; Bona Fide Farm Exemption; Scope of Appellate Review | |
| Hawkins v. Wilkes Reg'l Med. Ctr. (16-893 - Published)
NCGS 97-97; jurisdiction - named insurer | |
| In re: J.S.K. & J.E.K. (17-486 - Published)
Motion to terminate parental rights; Sufficient facts | |
| McDowell v. Randolph Cty. (17-401 - Published)
Re-zoning; relocation of improvements on approved site plan; valid statement of consistency, NCGS 153-341; spot zoning. | |
| McKinney v. Duncan (17-565 - Published)
Order not entered until filed with Clerk of Court | |
| State v. Burwell (17-89 - Published)
Assault on a law enforcement officer inflicting serious bodily injury; objective probable cause to arrest | |
| State v. Emigh (17-148 - Published)
Unlawfully taking deer with assistance of artificial lighting; Jury instructions | |
| State v. Goodman (16-1263 - Published)
Jury request to question trial witnesses; failure to preserve issue for appellate review; failure to demonstrate case warrants invoking Appellate Rule 2 | |
| Thompson v. Speller (17-416 - Published)
Action to confirm arbitration award; appropriateness of pre-award interest, costs, and post-award/pre-judgment interest. | |
| Unpublished Opinions 5 December 2017 - Rule 30e - Zip File of Unpublished Opinions Mandate: 28 December 2017 | |
| Aoun & Cole, Inc. v. Fitzpatrick (17-240 - Unpublished)
Rule 60(b)(1); Rule 60(b)(6); excusable neglect; failure to appear; default judgment; extraordinary circumstances existing and whether justice is best served by affording relief; liquidated damages awarded despite failure to plead in complaint | |
| Baxley v. Baxley (17-463 - Unpublished)
Child Custody; Denial of Visitation Rights; Waiver of Constitutional Argument | |
| Cabrera v. City of Durham (17-617 - Unpublished)
Directed verdict; Judgment notwithstanding; Motion for new trial; Jury compromise; Inconsistent verdict | |
| Fed. Nat'l Mortg. Ass'n v. Price (17-672 - Unpublished)
Motion to strike; Motion to dismiss; Abandoned argument | |
| Freeman v. N.C. Dep't of Health & Hum. Servs. (17-299 - Unpublished)
failure to file notice of appeal | |
| In re A.L.Z. (17-507 - Unpublished)
TPR; neglect; GAL | |
| In re C.L.C. (17-522 - Unpublished)
Termination of Parental Rights | |
| In re J.C. (17-548 - Unpublished)
Neglect; Substantial Risk of Harm; Visitation | |
| In re K.Q. (17-533 - Unpublished)
Termination of parental rights; subject matter jurisdiction; verified petition; prior neglect; repetition of neglect; best interest determination | |
| In re K.R.T. (17-587 - Unpublished)
3.1; TPR | |
| In re L.G.S. (17-599 - Unpublished)
Termination of Parental Rights | |
| In re S.F.-H. (17-381 - Unpublished)
Termination of Parental Rights; Neglect; Dependency | |
| In re T.M.B. (17-484 - Unpublished)
Termination of parental rights; challenge to best-interest determination | |
| Jacobs-Sams v. Duke Univ. Med. Ctr. (17-298 - Unpublished)
Workers' Compensation | |
| Martin v. Scardina (17-52 - Unpublished)
Appellant's burden to show error; role of the appellate court; issue abandonment | |
| Riggsbee v. Taylor (17-560 - Unpublished)
workers compensation, no notice of appeal | |
| State v. Blackmon (17-397 - Unpublished)
Anders & Kinch | |
| State v. Cook (17-610 - Unpublished)
Anders brief, driving while impaired | |
| State v. Costin (17-521 - Unpublished)
assault with a deadly weapon inflicting serious injury, jury verdicts not fatally inconsistent | |
| State v. Green (17-375 - Unpublished)
plain error, evidence of other crimes or bad acts | |
| State v. Harrington (17-362 - Unpublished)
robbery with a dangerous weapon, request for extraordinary mitigation, no abuse of discretion | |
| State v. Johnson (17-670 - Unpublished)
First-degree murder; premeditation and deliberation; sufficiency of the evidence. | |
| State v. Locklear (17-310 - Unpublished)
Anders brief, motion to suppress | |
| State v. Melgar-Argueta (17-434 - Unpublished)
Sex offense, NCGS 14-27.30(a)(2015); surplusage in indictment; jury instructions; plain error review. | |
| State v. Miles (17-494 - Unpublished)
Felony Marijuana Possession; Ineffective Assistance of Counsel; Failure to Make Motion to Suppress Confession; Conditional Discharge Under N.C. Gen. Stat. 90-96(a) | |
| State v. Pegram (17-566 - Unpublished)
Post-conviction DNA testing | |
| State v. Tart (17-561 - Unpublished)
Fatal Indictment; Closing Arguments. | |
| State v. White (17-530 - Unpublished)
robbery with a dangerous weapon | |
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Filed: 21 November 2017 Mandate: 11 December 2017 Zip File of Published Opinions Case Title / Description | |
| Beroth Oil Co. v. NC Dep't of Transp. (17-74 - Published)
Interlocutory; Title and area taken; Sovereign immunity; Inverse condemnation | |
| Brown v. NC Dept. of Pub. Safety (16-1298 - Published)
Subject matter jurisdiction; N.C. Gen. Stat. 126-34.02; Whistleblower grievance | |
| Buysse v. Jones (17-419 - Published)
restrictive covenants; construction of ambiguous terms, plain language, unrecorded survey; un-executed document. | |
| In re: Davis (15-882-2 - Published)
Eugenics, Constitutional Claim, Industrial Commission, Agency Decision, Appellate Rule 10, In re Redmond, Jurisdiction, Discretion | |
| In re: H.L. (17-302 - Published)
Child Custody; Guardianship; Permanency Planning; Reunification | |
| In re: House (15-879-2 - Published)
Eugenics, Remand to Consider Constitutional Claim, Supreme Court Mandate | |
| In re: R.D.H., III (17-383 - Published)
termination of parental rights, failure to pay reasonable portion of costs, abandonment, neglect, failure to make reasonable progress | |
| Johnston v. Johnston (16-641 - Published)
motion to dismiss, first filed prior pending action | |
| Ke v. Zhou (16-1297 - Published)
breach of contract, fraud, reasonable reliance, UDTPA; entry of default by clerk of court; representation of a corporation by a non-lawyer | |
| Nationwide Prop. & Cas. Ins. Co. v. Smith (17-283 - Published)
N.C. Gen. Stat. ? 20-279.21; underinsurance motorist insurer; right to assert claim for contribution | |
| Ocracomax, LLC v. Davis (17-608 - Published)
Attorney?s Fees, N.C. Gen. Stat. § 47C-4-117 (2015), Law of the Case doctrine | |
| Plum Props., LLC v. Holland (17-50 - Published)
summary judgment; liability for failing to exercise reasonable control over a child's behavior; genuine issues of material fact | |
| State v. Allbrooks (16-741 - Published)
corroborative testimony, lesser included offense | |
| State v. Cox (17-188 - Published)
First degree murder; Second degree murder; AWDWIKISI. | |
| State v. Diaz (17-444 - Published)
(View Supreme Court Opinion) right to a fair trial; right against self-incrimination; abduction of a child | |
| State v. Fernandez (17-322 - Published)
Felon possesses firearm in violation of Statute. Constitutional issue. | |
| State v. Harris (17-346 - Published)
Testimony about street gangs | |
| State v. Hayes (17-46 - Published)
DWI; expert testimony; Rule 702 and Daubert Fit Test; retrograde extrapolation; prejudicial error | |
| State v. Monroe (17-538 - Published)
PWC; motion to dismiss appeal; guilty plea | |
| State v. Payne (16-1193 - Published)
Not guilty by reason of insanity; Competency; Fundamental Right; Plea; Sixth Amendment; N.C.G.S. Sec. 15A-959 | |
| State v. Peace (17-62 - Published)
Ineffective assistance of counsel; Closing argument | |
| State v. Spinks (17-413 - Published)
statutory sex offense and statutory rape; Rule 403 and 404(b) prior bad acts; expert testimony; vouching for credibility of victim; IAC claim; lifetime SBM. | |
| Surgical Care Affiliates, LLC v. NC Indus. Comm'n (17-78 - Published)
Industrial Commission; Enabling Legislation; Statutory Interpretation | |
| Unpublished Opinions 21 November 2017 - Rule 30e - Zip File of Unpublished Opinions Mandate: 11 December 2017 | |
| Chatham Forest Homeowners Ass'n, Inc. v. Phil Stone Homes, Inc. (17-417 - Unpublished)
Summary Judgment; Planned Community Development; Application of Declaration of Covenants | |
| Estate of Peyton v. N.C. Dep't of Transp. (17-257 - Unpublished)
Industrial Commission; Preservation of Argument; Sovereign Immunity; Tort Claims Act; Negligence | |
| In re Colvard (15-923-2 - Unpublished)
Eugenics, Constitutional Claim, Industrial Commission, Agency Decision, Appellate Rule 10, In re Redmond, Discretion | |
| In re L.C. (17-589 - Unpublished)
Termination of Parental Rights; Neglect | |
| In re Ware (15-909-2 - Unpublished)
Eugenics, Constitutional Claim, Industrial Commission, Agency Decision, Appellate Rule 10, In re Redmond, Jurisdiction, Discretion | |
| In re X.L.S. (17-590 - Unpublished)
termination of parental rights, neglect, likely repetition of neglect | |
| In re Zimmerman (15-937-2 - Unpublished)
Eugenics, Constitutional Claim, Industrial Commission, Agency decision, Appellate Rule 10, In re Redmond, Jurisdiction, Discretion | |
| Medlin v. Medlin (17-425 - Unpublished)
Equitable Distribution, Marital Property, Valuation of Marital Property, Fair Market Value | |
| Plasman v. Decca Furniture (USA), Inc. (17-358 - Unpublished)
Impermissible interlocutory appeal dismissed; order requiring telephonic rather than in-person participation at company member meetings did not implicate a substantial right | |
| Pressley v. Jones (17-445 - Unpublished)
Child Custody; Child Visitation; N.C. Gen. Stat. § 50-13.2(a) | |
| State v. Dale (17-320 - Unpublished)
Probation Violation; Monetary Conditions; Failure to Comply with Payment Schedule | |
| State v. Farrar (17-215 - Unpublished)
Felony breaking or entering; Jury instruction Lesser Included Offense | |
| State v. Freeman (17-347 - Unpublished)
N.C. Rules Evid. 403 & 404(b); Sentencing; Calculation of Prior Record Level | |
| State v. Gardner (17-511 - Unpublished)
Jury Instructions; Defense of Coercion or Duress | |
| State v. Gore (17-267 - Unpublished)
Motion to dismiss for insufficient evidence; Motion for a mistrial | |
| State v. Griffin (17-373 - Unpublished)
Reasonable Suspicion, Consensual Encounter, Extended Duration of Stop | |
| State v. Hair (17-330 - Unpublished)
Corpus Delecti; Possession of Firearm Felon | |
| State v. McCurry (17-169 - Unpublished)
Motion to dismiss for insufficiency of the evidence; second degree murder; exclusive custody of child victim before death; juror misconduct; ineffective assistance of counsel; preservation issues; classification of prior conviction for drug paraphernalia; possession of drug paraphernalia pertaining to marijuana | |
| State v. Mosby (16-1295 - Unpublished)
Plea agreement unlawful because purported to preserve right to appeal issue that was appealable as a matter of right | |
| State v. Reaves (17-316 - Unpublished)
State's circumstantial evidence sufficient to withstand motion to dismiss | |
| State v. Scogins (17-526 - Unpublished)
Anders brief | |
| State v. Singleton (17-392 - Unpublished)
Defendant's probation improperly revoked based on absconding; underlying offenses committed prior to effective date of statute that made absconding a condition of probation | |
| State v. Womble (17-572 - Unpublished)
Motion to dismiss based on failure to prove specific element did not preserve insufficient evidence argument as to different element not asserted at trial | |
|
Filed: 7 November 2017 Mandate: 27 November 2017 Zip File of Published Opinions Case Title / Description | |
| Atl. Coast Props., Inc. v. Saunders (17-472 - Published)
(View Supreme Court Opinion) Summary judgment; Failure to affirmatively aver legal capacity to sue; Standing | |
| Booker v. Strege (16-698 - Published)
substantial change of circumstance, modification of child custody | |
| Booth v. Hackney Acquisition Co. (17-274 - Published)
constitutional challenge; bar date; statute of repose | |
| Cooper v. Berger (17-367 - Published)
(View Supreme Court Opinion) Facial constitutional challenge; presumed validity; proof beyond a reasonable doubt; Advice and Consent; separation of powers; 3-judge superior court panel; summary judgment. | |
| State v. J.C. (17-207-2 - Published)
Appeal by the State from an order of expunction of criminal charges; statute permitting the State to appeal (N.C. Gen. Stat. § 15A-1445) | |
| Hairston v. Harward (16-570 - Published)
(View Supreme Court Opinion) waiver of right of subrogation, credit against judgments, motion to take depositions post verdict, no abuse of discretion | |
| In re: L.T. (17-235 - Published)
Voluntary admission of minors to inpatient facility; motion to dismiss based on violation of procedural due process rights during initial admissions; subject matter jurisdiction; written and signed admission authorization form; verbal consent of legally responsible person; minor's consent to his admission | |
| In re: N.J. (17-236 - Published)
Voluntary admission of minors to inpatient facility; motion to dismiss based on violation of procedural due process rights during initial admissions; subject matter jurisdiction; written and signed admission authorization form; verbal consent of legally responsible person; minor's consent to his admission | |
| In re: P.S. (17-234 - Published)
Voluntary admission of minors to inpatient facility; motion to dismiss based on violation of procedural due process rights during initial admissions; subject matter jurisdiction; written and signed admission authorization form; verbal consent of legally responsible person; minor's consent to his admission | |
| In re: R.J. (17-237 - Published)
Voluntary admission of minors to inpatient facility; motion to dismiss based on violation of procedural due process rights during initial admissions; subject matter jurisdiction; written and signed admission authorization form; verbal consent of legally responsible person; minor's consent to his admission | |
| Schneider v. Schneider (16-920 - Published)
attorney fees | |
| State v. Armistead (17-323 - Published)
Speedy trial right; Motion to dismiss; No error | |
| State v. Everrette (17-88 - Published)
Invalid indictments; obtaining property by false pretenses; insufficiently particular description of property | |
| State v. Faulk (17-194 - Published)
Duress as defense to first-degree murder; Repetitious photographs; Motion to suppress; Inadequate conclusions of law | |
| State v. Jones (17-193 - Published)
Prior Acquittal, Collateral Estoppel | |
| State v. Malone (16-1290 - Published)
(View Supreme Court Opinion) Denial of Motion to Suppress in Court; Identification Testimony. | |
| State v. Mayo (17-340 - Published)
habitual impaired driving; revocation of probation | |
| State v. McPhaul (16-924 - Published)
(View Supreme Court Opinion) Sufficiency of search warrant affidavit; N.C. Gen. Stat. 8C-1, Rule 702; multiple assaults | |
| State v. Parker (17-108 - Published)
4th Amendment; Search and Seizure; Reasonable, Articulable Suspicion; Consent | |
| State v. Rogers (17-271 - Published)
Guilty Plea; Petition for Writ of Certiorari; Rule 2; Rule 21; Appeal | |
| State v. Sawyers (16-1296 - Published)
Corpus delicti rule; Constructive possession; N.C. Gen. Stat. Section 90-113.22A. | |
| State v. Simmons (17-155 - Published)
Impermissible amendment to indictment; amending drug indictment from heroin to opiates; heroin/opiates distinction | |
| State v. Squirewell (17-497 - Published)
DWI; evidence-foundation; motion to dismiss; constructive possession | |
| State v. Stimpson (17-226 - Published)
(View Supreme Court Opinion) Motion to dismiss; multiple conspiracies; serious of random victims; question for the jury; sufficiency of the evidence | |
| State v. Wilkes (17-208 - Published)
Motion to Suppress; Probable Cause for Arrest | |
| Trejo v. NC Dep't of State Treasurer Ret. Sys. Div. (16-1182 - Published)
Long-Term Disability Benefits for State Employees; Recoupment of Overpayment; Social Security Disability Offset | |
| Unpublished Opinions 7 November 2017 - Rule 30e - Zip File of Unpublished Opinions Mandate: 27 November 2017 | |
| Alday v. Alday (17-485 - Unpublished)
alimony; dependent spouse; attorney's fees | |
| Bridgers v. Woodruff (17-593 - Unpublished)
Rule 12(b)(6); standing | |
| Brown v. N.C. Dep't of Pub. Instructions (17-276 - Unpublished)
Industrial Commission; Subsequent Injuries; Governing Law. | |
| Brungard v. Canestorp (17-503 - Unpublished)
Promissory Note: Presentment & Dishonor. | |
| Comstock v. Comstock (17-179 - Unpublished)
Personal Jurisdiction, Protective Order, Domestic Violence, Inconvenient Forum, Motion to Dismiss, Preservation and Waiver, Advisory Opinion | |
| Griffith v. N.C. Prisoner Legal Servs., Inc. (17-490 - Unpublished)
subject matter jurisdiction; Rule 12(b)(6); access to courts | |
| In re A.C-H. (17-466 - Unpublished)
Respondent-mother appeals from the trial court's adjudication and disposition orders terminating her parental rights to her son | |
| In re E.D.B. (17-476 - Unpublished)
Termination of parental rights | |
| In re E.J.V. (17-365 - Unpublished)
Motion to dismiss; Mootness | |
| In re G.P. (17-414 - Unpublished)
Child Abuse and Neglect, Child Custody, Guardian, Juveniles, Competent Evidence, Domestic Violence, Termination of Parental Rights, Findings of Fact | |
| In re L.D.P. (17-325 - Unpublished)
termination of parental rights | |
| In re N.J.P. (17-532 - Unpublished)
| |
| In re S.A. (17-387 - Unpublished)
Permanency Planning; Child Custody; Americans with Disabilities Act; Rehabilitation Act of 1973; Termination of Juvenile Court Jurisdiction | |
| In re S.L.B. (17-280 - Unpublished)
Dependency; Termination of Parental Rights; Appropriate Alternative Child Care Arrangement | |
| In re Z.E.B. (17-382 - Unpublished)
Termination of Parental Rights - Neglect | |
| In re Z.M.S. (17-356 - Unpublished)
Termination of Parental Rights; Failure to Make Reasonable Progress; Mental Health; Substance Abuse | |
| Kyles v. Goodyear Tire & Rubber Co. (17-594 - Unpublished)
Workers' Compensation; injury by accident; stipulated medical records; post hoc, ergo propter hoc; remand for findings of fact | |
| Metcalf v. Call (17-418 - Unpublished)
Indigence, Writ of Recordari, Civil Procedure, Subject-Matter Jurisdiction, Recusal, Child Custody | |
| Pitts v. Tart (17-232 - Unpublished)
Interlocutory, Entry of Default, Motion to Set Aside, Good Cause | |
| Serenity Counseling & Res. Ctr., Inc. v. Cardinal Innovations Healthcare Sols. (17-439 - Unpublished)
Breach of contract; Unfair and deceptive trade practices; Motion to dismiss | |
| State v. Battle (16-533 - Unpublished)
Self Defense; Aggressor theory; Transferred intent | |
| State v. Brinkley (16-572 - Unpublished)
Rule 401, relevancy | |
| State v. Byrd (17-288 - Unpublished)
Anders brief, pro se motions, stand-by counsel, grand jury indictment, plain error. | |
| State v. Casey (17-263 - Unpublished)
Traffic Stop, Extended Detention, Consent, Search | |
| State v. Farrow (17-517 - Unpublished)
Satellite-based Monitoring; Reasonableness Hearing | |
| State v. Franks (17-391 - Unpublished)
Death by vehicle/serious injury by vehicle; intoxication; motion to dismiss- sufficiency of the evidence; proximate cause; restitution. | |
| State v. Goodnight (17-479 - Unpublished)
Possession of stolen property; denial of motion to dismiss | |
| State v. Holliday (17-374 - Unpublished)
hearsay; adoptive admission | |
| State v. Martin (17-462 - Unpublished)
NCGS 15A-1223(a) Jury Request, no prejudice shown; Lapsus Linguae in jury instructions, plain error review. Ineffective assistance of counsel, motion for appropriate relief. | |
| State v. Walker (17-357 - Unpublished)
Failure to instruct jury; costs and attorney?s fees as a civil judgment; habitual impaired driving | |
|
Filed: 17 October 2017 Mandate: 6 November 2017 Zip File of Published Opinions Case Title / Description | |
| Bradley v. Bradley (16-1303 - Published)
Personal jurisdiction; marriage and divorce of parties that were married in NC but never lived in this state; international lifestyle and parties living abroad | |
| In re: M.B., A.B., & E.B. (17-198 - Published)
termination of parental rights; neglect | |
| Moriggia v. Castelo (16-444 - Published)
family law, standing, motion to dismiss, acts inconsistent with parental status | |
| Parker v. Desherbinin (17-377 - Published)
Adverse possession under color of title, NCGS 1-38(a). Adverse possession under 20 years continuous use, NCGS 1-40. Findings of fact not supported by competent evidence. Lappage. Conclusions of law de novo review. | |
| Riddle v. Buncombe Cty. Bd. of Educ. (16-1155 - Published)
Negligent infliction of emotional distress; Foreseeability; N.C. Gen. Stat. Section 1A-1, Rule 12(b)(6). | |
| State v. Brawley (17-287 - Published)
(View Supreme Court Opinion) Indictment, Larceny, Identifying the Victim, Fatal Error | |
| State v. Curry (16-1113 - Published)
First degree murder; Motion to withdraw; Ineffective assistance of counsel | |
| State v. Dunston (16-1254 - Published)
(View Supreme Court Opinion) Motion to dismiss; Maintaining vehicle for keeping or selling controlled substances; Totality of the circumstances. | |
| State v. Madonna (16-1300 - Published)
First-degree murder; motions to dismiss; premeditation, deliberation, and self-defense; improper closing argument. | |
| State v. Meadows (16-1207 - Published)
(View Supreme Court Opinion) Sentencing Hearing; Rule 10(a)(1); State v Canady; Ineffective Assistance of Counsel; Prejudice | |
| State v. Mosley (17-345 - Published)
second degree murder; malice; sentencing | |
| Tigani v. Tigani (17-82 - Published)
Contempt order not supported by competent evidence | |
| Unpublished Opinions 17 October 2017 - Rule 30e - Zip File of Unpublished Opinions Mandate: 6 November 2017 | |
| Aragon v. Legacy Imps., Inc. (17-339 - Unpublished)
voidable transaction; fraudulent conveyance; reasonably equivalent value | |
| Avis Rent A Car Sys., LLC v. Andrews (16-1054 - Unpublished)
| |
| Boldon v. Boldon (17-170 - Unpublished)
Divorce, Equitable Distribution and Alimony Awards. | |
| Boone v. Hayes-Boone (17-312 - Unpublished)
Termination of visitation rights; child custody; findings of fact; recitation of witness testimony; sufficiency of evidence; sufficiency of findings of fact | |
| Brewer v. First Stop Core & Battery, LLC (17-424 - Unpublished)
workers' compensation | |
| Drury v. Drury (17-273 - Unpublished)
Equitable distribution; Rule 60(b) | |
| Lasecki v. Lasecki (17-544 - Unpublished)
contempt; purge; ability to pay; medical insurance | |
| Lopez v. Lopez (17-10 - Unpublished)
permanent child custody; sufficiency of findings supporting best-interests determination; failure to make findings reflecting that the court considered and isolated domestic incident between parents under N.C. Gen. Stat. 50-13.2(a) did not require remand for entry of such findings. | |
| Martin v. Orange Water & Sewer Auth. (17-242 - Unpublished)
Workers' Compensation - arising out of and in the course of employment | |
| Moore v. Moore (16-1160 - Unpublished)
Custody; Uninsured medical expenses | |
| State v. Bell (17-361 - Unpublished)
motion to dismiss; jury instruction; lesser included offense; closing arguments; second-degree burglary | |
| State v. Bobich (17-145 - Unpublished)
Motion to suppress; reasonable suspicion to make an investigatory stop. | |
| State v. Bradshaw (17-196 - Unpublished)
Request for new court-appointed counsel, no conflict of interest shown | |
| State v. Davis (17-109 - Unpublished)
Jury, Discharging Firearm, Sentencing, Occupied Dwelling, Consecutive Sentences, Abuse of Discretion, General Intent, Sufficient Evidence | |
| State v. Faulk (17-429 - Unpublished)
Forfeiture of counsel; Material change in circumstances; Admission of evidence; Corrective instruction. | |
| State v. Hurley (16-1202 - Unpublished)
Probation revocation; NC Gen. Stat. § 15A-1343(b)(3a); absconding probation supervision | |
| State v. McKoy (17-107 - Unpublished)
Probation revocation hearing; due process violation; abuse of discretion; ineffective assistance of counsel; mental health evaluation | |
| State v. Rose (17-190 - Unpublished)
Right to remain silent; Improper closing arguments; Motion for appropriate relief; Improper jury instruction | |
| State v. Sing (17-296 - Unpublished)
Motion to dismiss possession of firearm by felon conviction; substantially similar out-of-state convictions under NC Gen. Stat. § 14-415; relevant version of out-of-state statute for substantial similarity is version under which defendant was convicted | |
| State v. Taylor (16-1291 - Unpublished)
Exclusion of evidence; Cumulative evidence; Jury instructions; Coercion; Oral findings. | |
| State v. White (16-945 - Unpublished)
Superseding indictment; Fatal variance | |
|
Filed: 3 October 2017 Mandate: 23 October 2017 Zip File of Published Opinions Case Title / Description | |
| Discovery Ins. Co. v. The NC Dep't of Ins. (17-285 - Published)
Risk of loss for fraud by employee; statutory authority of reinsurance facility; fidelity losses arising out of claims handling; standard of review of Commissioner's decision; equitable estoppel and defenses; pre-hearing discovery, NCGS 58-37-65 | |
| Green v. Green (16-1102 - Published)
Deferred compensation; equitable distribution; alimony; earning capacity vs. current actual income | |
| Holmes v. Sheppard (17-125 - Published)
Negligence, duty of care, negligent misrepresentation | |
| State v. Bethea (17-459 - Published)
Sex offender registration; substantive due process; ex post facto law; Adam Walsh Act; removal from registry; NCGS 14-208.12A | |
| NC Farm Bureau Mut. Ins. Co., Inc. v. Phillips (16-620 - Published)
declaratory judgment, insurance coverage | |
| State v. Bishop (17-55 - Published)
Unpreserved Grady issue; untimely appeal; petition for a writ of certiorari | |
| State v. Chestnut (16-1310 - Published)
N.C. Gen. Stat. Sec. 15A-544.5 - reasons for setting aside bond forfeiture | |
| State v. Greene (17-311 - Published)
Civil Procedure, Constitutional Law, Fourth Amendment, Search and Seizure, Remedies, Sexual Offenses, Indecent Liberties, Sentencing, Satellite-Based Monitoring | |
| State v. Hinnant (16-1293 - Published)
N.C. Gen. Stat. Sec. 544.5(f) - bail bond forfeiture - actual notice of defendant's prior failures to appear | |
| State v. Knight (17-19 - Published)
N.C.G.S. Sec. 15A-544.5 - motions to set aside bond forgeiture; reduction of bond amount not permitted | |
| State v. Messer (16-1174 - Published)
Corpus Delicti; Probable Cause. | |
| State v. Walker (17-58 - Published)
Motion to supress; informant's tips; reasonable suspicion | |
| Swan Beach Corolla, L.L.C. v. Cty. of Currituck (16-804 - Published)
(View Supreme Court Opinion) Abuse of discretion; Reversal of motion to set aside entry of default; Showing of good cause | |
| Watauga Cty. v. Beal (16-1226 - Published)
Service of Process; Due Diligence; Publication; Foreclosure | |
| Unpublished Opinions 3 October 2017 - Rule 30e - Zip File of Unpublished Opinions Mandate: 23 October 2017 | |
| Bartlett v. Bartlett (17-248 - Unpublished)
child custody order | |
| Brady v. Best Buy Co., Inc. (17-315 - Unpublished)
workers' compensation; expert testimony | |
| Gyedu-Saffo v. Duncan (17-86 - Unpublished)
Child Support, Child Custody, Alimony, Third-Party Contributions, Gross Income | |
| In re M.D.H. (17-326 - Unpublished)
Termination of parental rights; sufficiency of evidence; best interests analysis | |
| In re T.R.K. (17-303 - Unpublished)
Involuntary commitment; Waiver of Counsel; Rules of the Office of Indigent Defense Services | |
| Kedar v. Patel (16-781 - Unpublished)
Sanctions; Lesser sanctions | |
| McKinnon v. McKinnon (17-152 - Unpublished)
Motion to set aside judgment; Notice of appeal; Notice of hearing | |
| Moore v. McKenzie (17-53 - Unpublished)
Contractually binding wills; Mutual wills | |
| Perry v. W. Marine, Inc. (17-243 - Unpublished)
Rule 12(b)(6); wrongful discharge under NCGS 143-422.2; negligent infliction of emotional distress; civil assault, motion to amend complaint. | |
| State v. Barnes (17-14 - Unpublished)
N.C.G.S. Sec. 15A-544.5 - motions to set aside bond forfeiture; reduction of bond amount not permitted | |
| State v. Barnes (17-15 - Unpublished)
N.C.G.S. Sec. 15A-544.5 - motions to set aside bond forfeiture; reduction of bond amount not permitted | |
| State v. Bowens (16-1312 - Unpublished)
N.C. Gen. Stat. 15A-544.5 - reasons for setting aside bond forfeiture | |
| State v. Butler (17-144 - Unpublished)
Assault with a firearm on a law enforcement officer; substantial alteration of the indictment | |
| State v. Bynum (17-4 - Unpublished)
N.C.G.S. Sec. 15A-544.5 - motions to set aside bond forfeiture; reduction of bond amount not permitted | |
| State v. Bynum (17-5 - Unpublished)
N.C.G.S. Sec. 15A-544.5 - motions to set aside bond forfeiture; reduction of bond amount not permitted | |
| State v. Cannon (17-17 - Unpublished)
N.C.G.S. Sec. 15A-544.5 - motions to set aside bond forfeiture; reduction of bond amount not permittted | |
| State v. Clyburn (17-258 - Unpublished)
Robbery with a dangerous weapon; sufficiency of the evidence. | |
| State v. Dejesus (16-1326 - Unpublished)
N.C.G.S. Sec. 15A-544.5 - motions to set aside bond forfeiture; reduction of bond amount not permitted | |
| State v. Eaves (17-159 - Unpublished)
Investigatory Stop; Seizure; Frisk; Fourth Amendment; Search | |
| State v. Elliott (17-338 - Unpublished)
habitual felon; ineffective assistance of counsel; plea agreement | |
| State v. Gardner (16-1089 - Unpublished)
Possession of burglary tools; subject matter jurisdiction; facial validity of charging instruments; motion for appropriate relief | |
| State v. Gomez (16-1327 - Unpublished)
N.C.G.S. Sec. 15A-544.5 - motions to set aside bond forfeiture; reduction of bond amount not permitted | |
| State v. Harrison (17-16 - Unpublished)
N.C.G.S. Sec. 15A-544.5 - motions to set aside bond forfeiture; reduction of bond amount not permitted | |
| State v. Holloman (16-658 - Unpublished)
HGN test, Rule 702 | |
| State v. Isom (17-24 - Unpublished)
Motion to Dismiss; Constructive Possession. | |
| State v. Jackson (17-250 - Unpublished)
Operating a motor vehicle to elude arrest; defense of necessity | |
| State v. McDonald (17-246 - Unpublished)
jury instruction; flight | |
| State v. Mercer (16-1314 - Unpublished)
N.C. Gen. Stat. Sec. 15A-544.5 - reasons for setting aside bond forfeiture | |
| State v. Mitchell (16-1323 - Unpublished)
N.C.G.S Sec. 15A-544.5 - motions to set aside bond forfeiture; reduction of bond amount not permitted | |
| State v. Mitchell (17-534 - Unpublished)
N.C.G.S. Sec.15A-544.5 - motions to set aside bond forfeiture; reduction of bond amount not permitted | |
| State v. Owens (16-1313 - Unpublished)
| |
| State v. Paige (17-102 - Unpublished)
Motion to suppress; Miranda rights; custodial interrogation; whether Defendant was in custody; voluntariness of consent to search; preservation issue | |
| State v. Ramsey (17-175 - Unpublished)
Common Law Robbery; ineffective assistance of counsel | |
| State v. Reaves (16-1311 - Unpublished)
N.C. Gen. Stat. Sec. 15A-544.5 - reasons for setting aside bond forfeiture | |
| State v. Robertson (17-199 - Unpublished)
Admission of expert testimony under Rules 702(a) and 702(a1)(1) | |
| State v. Rouse (17-176 - Unpublished)
Jury instruction; Duress; Surrender to law enforcement. | |
| State v. Sauls (17-6 - Unpublished)
N.C.G.S. Sec. 15A-544.5 - motions to set aside bond forfeiture; reduction of bond amount not permitted | |
| State v. Surratt (17-65 - Unpublished)
ineffective assistance of counsel; improper witness bolstering; statutory rape | |
| State v. Tayloe (16-1032 - Unpublished)
Sufficiency of the evidence; Ineffective assistance of counsel | |
| State v. Thomas (17-120 - Unpublished)
Witnesses, Fifth Amendment, Impeachment, Confessions, Prejudicial Error | |
| State v. Thomas (17-162 - Unpublished)
Assault with a deadly weapon with intent to kill inflicting serious injury; improper witness vouching | |
| State v. Villa (16-1104 - Unpublished)
Right to a jury trial; Corrective jury instruction | |
| State v. Villalobos (17-269 - Unpublished)
Rules of Evidence 403 & 404(b); Indecent Liberties With a Child. | |
| State v. Wiggins (17-18 - Unpublished)
N.C.G.S. Sec. 15A-544.5 - motions to set aside bond forfeiture; reduction of bond amount not permitted | |
| State v. Williams (17-3 - Unpublished)
N.C.G.S. Sec. 15A-544.5 - motions to set aside bond forfeiture; reduction of bond amount not permitted | |
| Stewart v. Shipley (17-378 - Unpublished)
Interlocutory Appeal; Insufficient Service of Process. | |
| Taylor v. Mystic Lands, Inc. (16-1282 - Unpublished)
Summary judgment; Mootness; Motion to Amend; Undue delay. | |
|
Filed: 19 September 2017 Mandate: 9 October 2017 Zip File of Published Opinions Case Title / Description | |
| Blue Ridge Healthcare Hosps., Inc. v. NC Dep't of Health & Hum. Servs. (17-137 - Published)
Certificate of need; geographical scope of agency's review; showing of funding for project; substantial prejudice; summary judgment; deference to agency. | |
| State v. J.C. (17-207 - Published)
Appeal by the State from an order of expunction of criminal charges; statute permitting the State to appeal (N.C. Gen. Stat. ? 15A-1445. | |
| Foushee v. Appalachian State Univ. (17-213 - Published)
interlocutory | |
| Haarhuis v. Cheek (16-961 - Published)
Wrongful death action; bifurcated trial; compensatory and punitive damages; jury instruction on pain and suffering; jury voir dire; ?stake out? questions during voir dire. | |
| In re: J.M. & J.M. (17-275 - Published)
(View Supreme Court Opinion) Hearsay; adjudication of serious neglect; N.C. Gen. Stat. Sec. 7B-901(c) | |
| In re: N.H. (17-171 - Published)
Permanency planning order; Guardian; Adequate resources. | |
| NC State Bd. of Educ. v. The State of NC (15-1229 - Published)
Administrative Procedure Act; Delegation of legislative authority; Agency rulemaking | |
| Sarno v. Sarno (16-1267 - Published)
Deviation from Child Support Guidelines; Attorney's Fees and Costs. | |
| Silver v. The Halifax Cty. Bd. of Commissioners (16-313 - Published)
(View Supreme Court Opinion) sound basic education, motion to dismiss, constitutional duty of the State, not local entities; counties are creatures of the State | |
| Solesbee v. Brown (16-1214 - Published)
partition by sale; partition in kind | |
| State of NC ex rel. Utils. Comm'n v. N.C. Waste Awareness & Reduction Network (16-811 - Published)
(View Supreme Court Opinion) Public Utility; Simpson Factors | |
| State v. Bradsher (16-1321 - Published)
larceny; injury to personal property; lack of transcript | |
| State v. Culbertson (17-136 - Published)
Dismissal of appeal; writ of certiorari; Appellate Rules 2 and 21; defective indictment; lack of jurisdiction; set aside guilty plea. | |
| State v. Dail (16-1324 - Published)
Conditional discharge; Sentencing | |
| State v. Harris (16-1115 - Published)
Ineffective assistance of counsel; discovery violations; prior record level determination; attorney's fees and appointment fee | |
| State v. Nicholson (17-28 - Published)
(View Supreme Court Opinion) Reasonable Suspicion. | |
| State v. Sauls (16-860 - Published)
motion to suppress, HGN test, Rule 702 | |
| Unpublished Opinions 19 September 2017 - Rule 30e - Zip File of Unpublished Opinions Mandate: 9 October 2017 | |
| Edwards v. Richardson (16-1178 - Unpublished)
Intervenor-Plaintiff barred from Res judicata. | |
| Fowler v. Fowler (17-178 - Unpublished)
Interlocutory Appeal; No Rule 54(b) Certification; Substantial Right Test | |
| In re A.J.B. (17-379 - Unpublished)
Amended order; Statutory authority; Modification and visitation | |
| In re A.L.G. (17-203 - Unpublished)
Termination of Parental Rights, Juveniles, Neglect | |
| In re A.P. (17-291 - Unpublished)
Guardianship verification | |
| In re C.S.H. (17-360 - Unpublished)
Termination of parental rights for failure to pay any child support | |
| In re D.L.W. (17-464 - Unpublished)
Incarcerated parent; neglected juvenile; termination of parental rights | |
| In re D.S. (17-290 - Unpublished)
Permanency Planning Hearings; Guardianship; Evidence; Adequate Resources | |
| In re J.E.J.B. (17-289 - Unpublished)
Ineffective Assistance of Counsel; Fact Issues; Remand | |
| In re L.L. (17-337 - Unpublished)
Termination of parental rights; no merits brief | |
| In re M.D.-W. (17-256 - Unpublished)
Cessation of reunification | |
| In re S.M.C. (17-452 - Unpublished)
Description: Termination of parental rights | |
| In re T.M.S. (17-380 - Unpublished)
Termination of Parental Rights; Clear, Cogent, and Convincing Evidence | |
| Internal Credit Sys., Inc. v. Nautuff LLC (17-54 - Unpublished)
Rule 60(b); default | |
| McLawhorn v. N.C. Dep't of Env't & Nat. Res. (17-206 - Unpublished)
Industrial Commission; Tort Claims Act; Negligence. | |
| Peoples v. Tuck (16-293-2 - Unpublished)
Summary Judgment; Issue of Material Fact Based on Expert Opinion. | |
| State v. Clark (16-1194 - Unpublished)
Motion to Dismiss; Authentication; Personal Knowledge | |
| State v. Ervin (17-324 - Unpublished)
Motion to dismiss; misdemeanor child abuse, contributing to the abuse, neglect or delinquency of a minor. | |
| State v. Greene (16-1309 - Unpublished)
Impaired driving; HGN evidence; N.C. Gen. Stat. Section 8C-1, Rule 702. | |
| State v. Headen (16-1196 - Unpublished)
Probation Revocation; Appellate Jurisdiction; Certiorari | |
| State v. Howard (17-77 - Unpublished)
Speedy Trial; DNA Evidence; Stand by Counsel. | |
| State v. Mathis (17-126 - Unpublished)
A clear and unequivocal assertion of a constitutional right to a pro se defense | |
| State v. McIntyre (16-801 - Unpublished)
issue not preserved for appeal, no request for plain error, no prejudice | |
| State v. McKenith (17-81 - Unpublished)
Driving While Impaired, Expert Testimony, Prejudicial Error | |
| State v. McReed (17-229 - Unpublished)
expert testimony; vouching | |
| State v. Miller (17-216 - Unpublished)
Right to self-representation; no right to be warned of existence of right of self-representation; appointed counsel. | |
| State v. Newkirk (17-2 - Unpublished)
Motion to suppress evidence voluntarily surrendered in response to questioning; reasonable suspicion to conduct an investigatory stop reasonableness of the scope and duration of the seizure | |
| State v. Sydnor (17-48 - Unpublished)
Second Remand for Re-sentencing; Follow Mandate. | |
| State v. Thomas (17-140 - Unpublished)
motion to dismiss; constructive possession of a firearm by a felon | |
| State v. Wallace (17-245 - Unpublished)
Intervening negligence in criminal cases; Impaired Driving | |
| State v. Welch (16-1184 - Unpublished)
| |
|
Filed: 5 September 2017 Mandate: 25 September 2017 Zip File of Published Opinions Case Title / Description | |
| Braswell v. Medina (17-33 - Published)
Motion to dismiss; concealment & fabrication of evidence; 42 U.S.C. § 1983 malicious prosecution; state law malicious prosecution; civil obstruction of justice; adequate State remedy; N.C. constitutional claim | |
| Conleys Creek Ltd. P'ship v. Smoky Mountain Country Club Prop. Owners Ass'n (16-647 - Published)
Dispute between developer/declarant and property owners, summary judgment, Rule 12(b)(6), Planned Community Act, breach of contract, breach of good faith and fair dealing, breach of fiduciary duty | |
| Forbes v. City of Durham (16-964 - Published)
racial discrimination and retaliation, Title VII, no causal connection between alleged protected activities and adverse action | |
| Frank v. Charlotte Symphony (17-211 - Published)
NCGS 97-2(5); determination of average weekly wages; less than 52 weeks employment; exceptional circumstances; exclusion of outside employment wages. | |
| Gardner v. Rink (16-948 - Published)
Second motion for summary judgment; Interlocutory | |
| In re: Ackah (16-829 - Published)
(View Supreme Court Opinion) Judicial sale of property; good faith purchaser; due diligence requirement for service of process | |
| In re: L.W.S. (17-173 - Published)
Indian Child Welfare Act; Termination of Parental Rights | |
| Malecek v. Williams (16-830 - Published)
Constitutionality of Alienation of Affection and Criminal Conversation; Facial Challenge; Substantive Due Process; Free Speech and Expression | |
| Myres v. Strom Aviation, Inc. (16-558 - Published)
worker's comp; per diem payments | |
| Pine v. Wal-Mart Assocs., Inc. (16-203 - Published)
(View Supreme Court Opinion) Parsons presumption; Competent Evidence; Industrial Commission; Workers? Compensation | |
| Premier, Inc. v. Peterson (16-1139 - Published)
Summary Judgment; Law of the Case Doctrine | |
| Rutledge v. Feher (16-1287 - Published)
General Warranty Deed; Deed Interpretation | |
| State v. Jones (17-59 - Published)
(View Supreme Court Opinion) Subject matter jurisdiction; Misdemeanor; Citation; Open container offense | |
| State v. Peters (17-91 - Published)
Motion to Dismiss; Sufficient evidence; Delaying public officer; Willfulness | |
| State v. Prince (16-1275 - Published)
Expert Witness Testimony; Ineffective Assistance of Counsel | |
| State v. Robinson (16-1213 - Published)
Affidavit submitted in application for search warrant | |
| State v. Rogers (16-1112 - Published)
Motion to dismiss; Sufficient evidence; Larceny of a firearm | |
| State v. Seam (17-219 - Published)
Miller v. Alabama; Resentencing; Jurisdiction | |
| State v. Shore (16-1243 - Published)
Rule 702; Daubert Standard; IAC, mistrial; NCGS 15A-1222 | |
| Union Cty. v. Town of Marshville (17-37 - Published)
Interlocutory; Substantial Right; Governmental Immunity | |
| Unpublished Opinions 5 September 2017 - Rule 30e - Zip File of Unpublished Opinions Mandate: 25 September 2017 | |
| Bowden v. Washburn (16-1288 - Unpublished)
Domestic Violence Protective Order; Subject Matter Jurisdiction; Personal Jurisdiction; Issue Preservation; Court Calendar | |
| Bullard v. Prime Bldg. Co., Inc. (16-1279 - Unpublished)
Survival Action v. Wrongful Death | |
| Carter v. Barnes Transp. (16-627 - Unpublished)
Competent evidence; Disavowed opinion evidence; Sufficient findings of fact | |
| Daly v. Daly (16-885 - Unpublished)
Equitable distribution; interim distribution; valuation of marital and divisible property | |
| Eagle v. Eagle (16-1315 - Unpublished)
Divorce, Alimony, Interlocutory Order, Jurisdiction, Equitable Estoppel, Civil Procedure | |
| Fortner v. Hornbuckle (17-44 - Unpublished)
Estates, Dead Man's Act, Jury Instructions, Judicial Notice, Issue Preclusion | |
| Holbert v. Blanchard (17-134 - Unpublished)
Legal malpractice; genuine issue of material fact; summary judgment; prenuptial agreement | |
| In re A.J.S. (17-205 - Unpublished)
Motion to Continue; Termination of Parental Rights; Paternity | |
| In re A.L.H. (16-1251 - Unpublished)
Mistake in the Verification attached to Petition to Terminate Parental Rights; Neglect by Abandonment | |
| In re A.M.S. (17-149 - Unpublished)
Termination of parental rights; Insufficient findings | |
| In re D.M.P. (17-297 - Unpublished)
termination of parental rights, no-merit brief | |
| In re G.M. (17-174 - Unpublished)
guardianship order, UCCJEA, subject matter jurisdiction, modification of custody determination | |
| In re K.G.M. (17-304 - Unpublished)
Termination of parental rights; respondent's willful failure to make reasonable progress to correct condition that led to removal of child | |
| In re M.H. (17-255 - Unpublished)
Consent adjudication of neglect; stipulation regarding neglect; insufficient findings regarding neglect | |
| In re O.S.R. (16-958 - Unpublished)
disposition & adjudication order, written findings neede | |
| In re S.S.T. (17-261 - Unpublished)
Termination of Parental Rights. | |
| In re T.L.M. (17-189 - Unpublished)
Terminate Parental Rights. | |
| Jackson v. Century Mut. Ins. Co. (16-997 - Unpublished)
Summary Judgment, Unfair Trade Practices, Contracts, Intentional Emotional Distress | |
| Kelley v. Andrews (17-20 - Unpublished)
Statute of Limitations, Relation Back, Surety, Immunity | |
| Khashman v. Khashman (16-765 - Unpublished)
Summary judgment; discovery; unfair and deceptive trade practices; learned profession exemption | |
| State v. Allen (16-1147 - Unpublished)
Statutory Rape; Law of the Case; Ineffective Assistance of Counsel | |
| State v. Batiste (16-1186 - Unpublished)
Probation revocation; Absconding; Insufficient evidence | |
| State v. Booker (16-1142 - Unpublished)
probation violation; absconding | |
| State v. Byrd (16-1025 - Unpublished)
Rule 3; Civil Judgment; Imposition of Attorney's Fees | |
| State v. Carlton (17-36 - Unpublished)
motion to dismiss; second-degree kidnapping; armed robbery; possession of a firearm by a felon | |
| State v. Clegg (17-76 - Unpublished)
Batson objection; robbery; victim impact testimony | |
| State v. Goff (17-34 - Unpublished)
Criminal Law, Sentencing, Robbery, Appeal and Error | |
| State v. McCoy (16-1099 - Unpublished)
Child Sexual Abuse; Ambiguous Indictment; First-degree Sex Offense with a Child. | |
| State v. Smith (17-93 - Unpublished)
Ineffective assistance of counsel - Failure to object to admission of evidence | |
| State v. St. Clair (16-1003 - Unpublished)
Felony child abuse; lesser-included offense instruction; sentencing considerations | |
| State v. Tilghman (17-27 - Unpublished)
Sufficiency of the Evidence; Jury Instructions; Plain Error; Ineffective Assistance of Counsel | |
| Uli v. Uli (16-1301 - Unpublished)
equitable distribution; classification of property | |
|
Filed: 15 August 2017 Mandate: 5 September 2017 Zip File of Published Opinions Case Title / Description | |
| Ball v. Bayada Home Health Care (16-1219 - Published)
Workers' Compensation; N.C. Gen. Stat. Sec. 97-2(5); Fair and just results; Method 3 | |
| C. Terry Hunt Indus., Inc. v. Klausner Lumber Two, LLC (16-1136 - Published)
Motion to compel; interlocutory order; substantial right | |
| Frampton v. The Univ. of NC at Chapel Hill (16-1236 - Published)
Attorney's fee award; Discretion | |
| Howse v. Bank Of Am., N.A. (16-979 - Published)
Foreclosure by Power of Sale; collateral attack; Uniform Declaratory Judgment act; N.C. Gen. Stat. Sec. 45-21.34 | |
| McArdle v. Mission Hosp., Inc. (16-554 - Published)
Involuntary Commitment; Breach of Duty to Third Parties; Motion to Dismiss, Motion to Amend | |
| Morrell v. Hardin Creek, Inc. (16-878 - Published)
(View Supreme Court Opinion) Ambiguous Contract; Negligence Case. | |
| NCJS, LLC v. City of Charlotte (16-1096 - Published)
Zoning; interpretation and application of zoning ordinance | |
| Rider v. Hodges (17-110 - Published)
motion for summary judgment; breach of contract; fraudulent billing; unfair and deceptive trade practices | |
| State v. Bryant (16-1020 - Published)
Prior record level calculation; Substantially similar out-of-state offenses; N.C. Gen. Stat. Section 15A-1340.14(e). | |
| State v. Carter (16-854 - Published)
Visual identification of controlled substances; Expert testimony; Lay opinion testimony; Sufficient indicators for reliability | |
| State v. Glidewell (16-1001 - Published)
Jury instructions; indictment; fatal variance; acting in concert | |
| State v. May (16-1121 - Published)
Criminal Sentencing; Life Imprisonment; Juvenile | |
| State v. Posey (16-937 - Published)
Absconding, Violation of Probation, Justice Reinvestment Act, Mootness | |
| State v. Smith (16-1229 - Published)
(View Supreme Court Opinion) Motion to suppress; protective sweep; plain view doctrine; incriminating nature | |
| State v. Voltz (16-1164 - Published)
Joinder of offenses for trial; felonious breaking or entering jury instruction- intent to commit a felony'; conflicting jury instructions; plain error analysis. | |
| State v. West (16-918 - Published)
Rule 403 and 412 past sexual conduct of a prosecuting witness; North Carolina Rape Shield Law; Relevancy and Rule 403 balancing | |
| State v. Williams (16-1048 - Published)
Suppression Hearing; testimony; Summary Grant or Denial; Serious bodily injury | |
| State v. Yisrael (16-873 - Published)
(View Supreme Court Opinion) Possession with intent to sell or deliver marijuana; sufficiency of the evidence; presence of stolen and loaded handgun; presence of large amount of cash. | |
| Unpublished Opinions 15 August 2017 - Rule 30e - Zip File of Unpublished Opinions Mandate: 5 September 2017 | |
| Barbee v. Whap, P.A. (16-1154 - Unpublished)
Medical malpractice; breach of standard of care; proximate causation; summary judgment; Rule 59(e); Rule 60; toll the notice of appeal; expert witnesses; Rule 702(b) of NC Rules of Evidence; NC Gen. Stat. § 90-21.12; knowledge of the same or similar community standard; admissibility of expert's witnesses | |
| Davis v. Davis (16-1159 - Unpublished)
Alimony; competent evidence; cohabitation; calculation of alimony amount | |
| Grissom v. Cohen (16-1177 - Unpublished)
Civil and criminal contempt, compliance with child custody order. | |
| Meza v. BCR Janitorial Servs., Inc. (16-944 - Unpublished)
Workers' Compensation; Dismissal; Failure to Prosecute | |
| Nichols v. Univ. of N.C. at Chapel Hill (16-1117 - Unpublished)
Failure to exhaust administrative remedies, subject matter jurisdiction, grievance process, Office of Administrative Hearings | |
| State v. Alexander (17-96 - Unpublished)
Mistrial; Admission of evidence. | |
| State v. Bonham (17-141 - Unpublished)
Robbery with a dangerous weapon; prior acts of robbery, Rule 404(b); cross-examination | |
| State v. Boulware (17-22 - Unpublished)
Felony assault with a deadly weapon with intent to kill; lesser included jury instruction; breaking and entering | |
| State v. Graham (17-66 - Unpublished)
Failure to report a new address as a sex offender; N.C. Gen. Stat. Section 14-208.11(a)(2). | |
| State v. Griffin (17-195 - Unpublished)
Guilty plea; restitution order; competent evidence to support | |
| State v. Lindsey (17-218 - Unpublished)
Motion to Suppress | |
| State v. Lineberger (17-201 - Unpublished)
Prior record level conclusion of law reviewable de novo; clerical error; conviction from same court session. | |
| State v. Lockett (16-1091 - Unpublished)
Motion to Dismiss | |
| State v. Mettler (17-47 - Unpublished)
Larceny after breaking or entering; acting in concert instruction; intent to permanently deprive victim of property; motion to dismiss; Rule 2; Single taking rule; continuous transaction resulting in one larceny | |
| State v. Morris (17-121 - Unpublished)
Defendant's appeal following guilty plea; Denial of motion to suppress; N.C.R. App. P. 21; Anders brief. | |
| State v. Peterson (17-150 - Unpublished)
Robbery with a dangerous weapon; N.C. Gen. Stat. Section 14-87; Anders brief. | |
| State v. Rios (17-249 - Unpublished)
Unsupported argument for post conviction DNA testing; Anders and pro-se briefs | |
| State v. Rolland (17-168 - Unpublished)
Appellate jurisdiction; DWI appeal; superior court jurisdiction; contents of the record on appeal. | |
| State v. Sayre (17-68 - Unpublished)
Motion for post-conviction DNA testing; N.C. Gen. Stat. Section 15A-269; Anders brief | |
| State v. Sellers (17-252 - Unpublished)
Defendant's appeal following guilty plea; N.C.R. App. P. 21; Anders brief. | |
| State v. Simmons (16-1065 - Unpublished)
sufficiency of indictment | |
| State v. Smith (17-306 - Unpublished)
Larceny from a merchant; sufficiency of the indictment; taking without owner's consent and with intent to permanently deprive. | |
| State v. Stephens (16-714 - Unpublished)
indictment - fatal variance - no abuse of discretion | |
| State v. Webb (16-1228 - Unpublished)
Ineffective assistance of counsel; Curative instruction | |
| State v. Wilson (16-1212 - Unpublished)
Motion to Suppress; Stop and Frisk. | |
| State v. Yarborough (17-177 - Unpublished)
Arson, animal cruelty; sufficiency of the evidence; prior record level- out of state convictions. | |
|
Filed: 1 August 2017 Mandate: 21 August 2017 Zip File of Published Opinions Case Title / Description | |
| Cheatham v. Town of Taylortown (16-1057 - Published)
Failure to exhaust administrative remedies; subject matter jurisdiction; minimum housing standards | |
| Friday Invs., LLC v. Bally Total Fitness Of The Mid-Atl., Inc. (16-950 - Published)
summary judgment; lease and guaranty as separate contracts; Chapter 11 bankruptcy; discharge of guaranty in bankruptcy | |
| Holland v. Harrison (16-889 - Published)
Interlocutory appeal involving substantial right; possibility of inconsistent verdicts; 42 U.S.C. § 1983; discharge in violation of First Amendment free speech rights; speech on matter of public concern | |
| In re: C.M.P., C.Q.M.P., J.A.C. (16-1230 - Published)
Motion to Continue; Termination Parental Rights; Repetition of Neglect; Reasonable Progress | |
| In re: Clayton (16-960 - Published)
nonjudicial foreclosure by power of sale under deed of trust; right to foreclose; reverse-mortgage agreement | |
| In re: N.X.A., B.R.S.A-D., D.S.K.A-D. (17-95 - Published)
Verification of petition; Termination of parental rights; Failure to pay support | |
| In re: R.S., A.S., C.S. (17-270 - Published)
Burden of proof; abused juvenile | |
| Kyle v. Felfel (16-1318 - Published)
Lack of consideration to support promissory note; statute of frauds signature requirement; quasi-estoppel | |
| Leonard v. Bell (17-130 - Published)
public official immunity | |
| Mitchell, Brewer, Richardson, Adams, Burge & Boughman v. Brewer (16-1122 - Published)
Court-ordered dissolution of PLLC; accounting and distribution; appointment of referee; procedures used by referee; summary judgment | |
| Nash Hosps., Inc. v. State Farm Mut. Auto. Ins. Co. (16-532 - Published)
Medical Liens under N.C. Gen. Stat. 44-49; Unfair and Deceptive Trade Practices; Distribution of funds to pro se personal injury claimants | |
| Plum Props., LLC v. NC Farm Bureau Mut. Ins. Co., Inc. (16-1078 - Published)
Summary judgment; Ambiguities; Insurance policies; Occurrence. | |
| Schwarz v. St. Jude Med., Inc. (16-1307 - Published)
Interlocutory; improper venue; forum selection clause; contract formation; last essential act | |
| State of NC v. NC Sustainable Energy Ass'n (16-1067 - Published)
Utilities Commission; Plain Reading; Clear and Unambiguous Language | |
| State v. Anderson (16-767 - Published)
Motion to Dismiss; First Amendment; Restricted Sex Offender | |
| State v. Arrington (16-761 - Published)
(View Supreme Court Opinion) Guilty plea; prior record level; stipulation to class of prior conviction; stipulation to question of law | |
| State v. Cannon (16-1059 - Published)
(View Supreme Court Opinion) Aiding and abetting larceny; habitual felon; judicial notice | |
| State v. Fitts (16-1106 - Published)
Self-defense; jury instruction; warning shot | |
| State v. Trent (16-839 - Published)
Probation revocation; N.C. Gen. Stat. Section 15A-1343(b)(3a); Absconding. | |
| Tanglewood Prop. Owners' Ass'n, Inc. v. Isenhour (17-101 - Published)
Easement by Plat. | |
| Van-Go Transp., Inc. v. Sampson Cty. (16-849 - Published)
Temporary Restraining Order; damages on injunction bond; wrongfully enjoining party; effect of voluntary dismissal; calculation of damages with reasonable degree of certainity | |
| Unpublished Opinions 1 August 2017 - Rule 30e - Zip File of Unpublished Opinions Mandate: 21 August 2017 | |
| Anders v. Universal Leaf N. Am. (16-910-2 - Unpublished)
Worker's compensation, N.C. Gen. Stat. 97-25.1, Parsons Presumption, Proving disability under the Workers' Comp. Act, Casual connection between work-related injury and inability to work | |
| Cox v. City of Kannapolis (16-1183 - Unpublished)
Certificate of Nonconformity Adjustment; whether the Board of Adjustment's findings of fact support its conclusions of law | |
| Crazie Overstock Promotions, LLC v. McVicker (16-932 - Unpublished)
Motion to dismiss, gambling, governmental immunity, interlocutory | |
| Emerald Place Dev. Props., LLC v. Horne (16-1138 - Unpublished)
Summary judgment; Breach of contract; Legal malpractice; Election of remedies doctrine. | |
| In re A.C. (17-181 - Unpublished)
adjudication and disposition orders; stipulated findings of fact; NCGS 7B-101(d) and 14-190.5; Due Process violation; ceasing reunification efforts | |
| In re A.L.W. (17-157 - Unpublished)
termination of parental rights, no merit brief | |
| In re B.M.C.H. (17-105 - Unpublished)
Termination of Parental Rights; Neglect. | |
| In re E.R. (16-1320 - Unpublished)
termination of parental rights; neglect; unchallenged findings of fact | |
| In re Estate of Garner (17-104 - Unpublished)
Collateral attack; Detective service; Waiver of service | |
| In re J.C.C. (17-163 - Unpublished)
Adjudication of Neglect and Dependency; Stipulation to Findings of Fact | |
| In re J.M.N. (17-129 - Unpublished)
Adoptability; termination of parental rights; abuse of discretion | |
| In re K.A.R. (17-56 - Unpublished)
Termination of parental rights; Voluntary support order | |
| In re M.G.S. (17-238 - Unpublished)
Termination of parental rights; Subsection 7B-1111(a)(9) | |
| In re P.D. (16-1317 - Unpublished)
TPR; subject-matter jurisdiction; nonresident parent | |
| In re R.S. (17-204 - Unpublished)
Adjudicating minor children; Dispositional and Permanency Planning Order. | |
| Patton v. Charlotte-Mecklenburg Hosp. Auth. (16-812 - Unpublished)
Expert Testimony; Infallibility Jury Instruction. | |
| State v. Benton (16-1149 - Unpublished)
traffic stop; reasonable suspicion; totality of the circumstances | |
| State v. Ellis (16-938 - Unpublished)
Joinder; Motion to sever; Transactionally related. | |
| State v. Fellner (16-1092 - Unpublished)
Obtaining property by false pretenses, jurisdictional requirements for indictments, sufficiency of the State?s evidence to show intent to deceive. | |
| State v. Gallegos (16-1058 - Unpublished)
Jury Instructions; Opinion Statement by Trial Court; Ineffective Assistance of Counsel | |
| State v. Harris (16-1304 - Unpublished)
AWDWISI;assault with a deadly weapon on a government official; possession of stolen goods; invited error; lesser-included offense instruction; dishonest purpose element of possession of stolen goods; insufficiency of evidence of intent to inflict serious injury | |
| State v. Howell (16-1172 - Unpublished)
Guilty plea; Sentencing; Insufficient appellate record. | |
| State v. Maddux (16-1248 - Unpublished)
Jury Instructions on Aiding and Abetting. | |
| State v. Pastore (16-1205 - Unpublished)
404(b) testimony of prior sexual acts | |
| Thompson v. Gerlach (16-770 - Unpublished)
Child support; Alimony; Nonpayment; Contempt; Ability to pay; Purge conditions. | |
| U.S. Bank Nat'l Ass'n v. Pinkney (15-797-2 - Unpublished)
Rule 12(b)(6);statute of limitations | |
| Vecellio & Grogan, Inc. v. N.C. Dep't of Transp. (16-670 - Unpublished)
Rule 60 | |
| Whitley v. Whitley (16-1234 - Unpublished)
Summary judgment; Family settlement agreement; Estoppel by deed; quasi estoppel | |
| Wolfe v. Wolfe (16-57 - Unpublished)
Equitable distribution; prenuptial agreements; choice of law provisions | |
|
Filed: 18 July 2017 Mandate: 7 August 2017 Zip File of Published Opinions Case Title / Description | |
| Asheville Lakeview Props., LLC v. Lake View Park Comm'n, Inc. (15-1308 - Published)
Declaratory Judgment; Statutes of Limitations | |
| Bentley v. Jonathan Piner Constr. (16-62-2 - Published)
N.C.G.S. Sec. 97-84; waiver; N.C. Workers' Compensation Act; Statutory employer | |
| Brown v. N.C. Dep't of Pub. Safety (16-740 - Published)
N.C.G.S. Sec. 97-38; Workers' Compensation Act; Death Benefits; Statute of Limitations | |
| Friends of Crooked Creek, L.L.C. v. C.C. Partners, Inc. (17-32 - Published)
golf use only encumbrance; construing restrictive covenants; easement implied-by-plat; survey plats in chain of title; no dedication to HOA or for commona areas. | |
| In re: C.S.L.B., C.P.R.B., S.C.R.B. (16-1283 - Published)
Reunification; Visitation plan; Review and permanency planning hearings | |
| In re: D.E.M. (16-1319 - Published)
(View Supreme Court Opinion) Termination; willful abandonment; six months | |
| In re: STEPHEN WOLFE (16-1217 - Published)
Voluntary admission; incompetent adult; subject-matter jurisdiction | |
| Richmond Cty. Bd. of Educ. v. Cowell (17-112 - Published)
Separation of Powers; Writ of Mandamus; Authority of Trial Court to Order State Officials to Draw Money from State Treasury | |
| Slaughter v. Slaughter (16-1153 - Published)
Equitable distribution; Alimony; Attorney's fees; Expert witness costs; Cross-appeal | |
| State v Saldierna (14-1345-2 - Published)
(View Supreme Court Opinion) Motion to Suppress; Juvenile Defendant; Custodial Interrogation; Voluntary Waiver of Constitutional and Statutory Rights | |
| State v. Bacon (16-1268 - Published)
Fatal variance | |
| State v. Broyhill (16-841 - Published)
first degree murder; expert opinion testimony; jury selection; stake out questions; indoctrinating questions; rule of completeness | |
| State v. Coleman (16-1150 - Published)
Elements of Voluntary Manslaughter; Automatism Defense; Expert Testimony | |
| State v. Hester (16-1120 - Published)
denial of motion to dismiss- 4th Amendment; commission of new crime after stop; attenuation and intervening circumstance; plain error review | |
| State v. Johnson (16-734 - Published)
Probation revocation; Subject matter jurisdiction; Absconding; N.C. Gen. Stat. Section 15A-1344(a); N.C. Gen. Stat. Section 15A-1343(b)(3a). | |
| State v. Moore (16-999 - Published)
Judge's comment not an order or judgment - denial of continuance - no prejudice in admission of video | |
| State v. Worley (16-941 - Published)
Motion to suppress evidence; probable cause to issue search warrant; sufficiency of nexus between alleged criminal activity and place to be searched | |
| State v. Younts (16-213 - Published)
Reliability of Horizontal Gaze Nystagmus Testing for expert testimony; Rule 702 Requirements. | |
| Williams v. Chaney (16-834 - Published)
family law, child custody order, no substantial change in circumstances | |
| Unpublished Opinions 18 July 2017 - Rule 30e - Zip File of Unpublished Opinions Mandate: 7 August 2017 | |
| Baker v. N.C. Psychology Bd. (16-1175 - Unpublished)
Professional Discipline; Licensed Psychologist; Whole Record Test | |
| Benedith v. Wake Forest Baptist Med. Ctr. (17-284 - Unpublished)
Statute of limitations; motion to dismiss | |
| Columbus Cty. Dep't of Soc. Servs. v. Norton (16-735 - Unpublished)
Failure to provide a complete record on appeal | |
| Hogue v. Brown & Patten, PA (17-103 - Unpublished)
statute of limitations; legal malpractice; equitable distribution; last act of accrual; motion to dismiss. | |
| Hutchison v. N.C. Dep't of Justice (16-1082 - Unpublished)
Consideration of evidence in the light most favorable to a Petitioner in an employment termination case. | |
| In re A.C.W. (16-1289 - Unpublished)
Juvenile; Adjudication; Abuse; Sufficiency of Evidence | |
| In re A.H. (17-118 - Unpublished)
Termination of Parental Rights; Neglect; Likelihood that Neglect Would Recur | |
| In re A.P.R. (17-111 - Unpublished)
TPR; neglect | |
| In re A.U. (16-1284 - Unpublished)
Termination of parental rights; guardian ad litem for minor | |
| In re H.S. (16-1241 - Unpublished)
ceasing reunification efforts | |
| In re I.N.S. (17-31 - Unpublished)
Termination of parental rights; judicial notice; neglect | |
| In re J.D.H. (16-1286 - Unpublished)
TPR; best interests; neglect; reasonable progress | |
| In re J.Y. (17-42 - Unpublished)
termination of parental rights, failure to make reasonable progress, neglect, changed circumstances | |
| In re Meetze (16-796 - Unpublished)
Self-Authenticating Documents; Prejudice in evidentiary challenges | |
| In re S.W. (16-1235 - Unpublished)
Neglected juvenile; N.C. Gen. Stat. Sec 7B-101(15); Clear and convincing evidence | |
| In re T.Z.J. (17-73 - Unpublished)
Subject matter jurisdiction; delinquency petition; amendment | |
| Massengill v. Bailey (16-1084 - Unpublished)
Wrongful death; Damages; Preserving Issues on Appeal | |
| New v. New (16-1167 - Unpublished)
Separation Agreements; Breach of Contract; Equitable Relief | |
| State v. Alston (16-1185 - Unpublished)
Probation revocation; Anders; clerical error | |
| State v. Bailey (16-1192 - Unpublished)
Ineffective assistance of counsel; State v. Harbison. | |
| State v. Bailey (16-962 - Unpublished)
Motion to dismiss; substantial evidence; witness credibility | |
| State v. Blevins (16-589 - Unpublished)
Discovery violation; Abuse of discretion | |
| State v. Bolder (16-814 - Unpublished)
Exclusion of evidence; Motion to reopen jury selection; Jury instruction | |
| State v. Carter (16-946 - Unpublished)
Ineffective Assistance of Counsel, Possession with Intent to Sell or Distribute, Maintaining a Building Used for Keeping or Selling Controlled Substances, Insufficient Evidence | |
| State v. Ellis (16-1220 - Unpublished)
Written judgment; probation condition; clarification | |
| State v. Grice (16-1274 - Unpublished)
Revocation of probation; Anders; prejudicial error | |
| State v. Hooker (16-1308 - Unpublished)
Appeal from trial court?s denial of defendant?s motion to suppress; probable cause to perform traffic stop of vehicle. | |
| State v. Moody (17-11 - Unpublished)
Right of appeal; minimum sentence | |
| State v. Norman (16-1232 - Unpublished)
Visual identification of marijuana; jury instruction; officer testimony; State's burden of proof that substance is marijuana | |
| State v. Sanchez (17-98 - Unpublished)
Motion locate and preserve evidence; Motion for post-conviction DAN testing; Prejudicial error | |
| Thomas & Craddock Sales, Inc. v. Gift Bag Lady, Inc. (16-936 - Unpublished)
Lack of transcript; N.C. R. App. P. 7(a)(1) & 9(c)(1); deprivation of meaningful appellate review | |
| Zolp v. Cordell (16-895 - Unpublished)
Interlocutory Appeals; Substantial Right | |
|
Filed: 5 July 2017 Mandate: 25 July 2017 Zip File of Published Opinions Case Title / Description | |
| Farquhar v. Farquhar (16-1271 - Published)
Divorce and then subsequent remarriage of parties, Rule 41(a) of the North Carolina Rules of Civil Procedure, Joint dismissal of alimony and equitable distribution claims following entry of judgment for absolute divorce in first marriage, Refiling of alimony and equitable distribution claims based on first marriage after failure of second marriage | |
| Geoghagan v. Geoghagan (16-766 - Published)
Equitable Distribution; joinder; necessary party; N.C. Gen. Stat. Sec. 1A-1, Rule 19 | |
| In re: A.L.L., R.J.M., R.A.M., A.O.Z., D.A.M., O.E.J.M. (17-146 - Published)
Subject-Matter Jurisdiction; UCCJEA; Due Process; Termination of Parental Rights | |
| In re: K.L. & R.E. (17-80 - Published)
required findings to cease reunification efforts; custody with adult sibling; required findings of fact to award permanent custody; conclusions unsupported by findings of fact; NCGS 7B-906.1 and 906.2 | |
| In re: T.P., T.P., & T.P. (17-119 - Published)
Subject matter jurisdiction; N.C. Gen. Stat. ? 7B-401(b); Article 8 of the Juvenile Code; whether DSS was required to file a petition where trial court retains jurisdiction and discontinues periodic judicial reviews | |
| Johnson v. Wayne Mem'l Hosp., Inc. (17-106 - Published)
Medical Negligence of Hospital - No Evidence of Standard of Care | |
| O'Neal v. O'Neal (16-1299 - Published)
Guardianship, Power of Attorney executed after adjudication of incompetency, Voidable versus void, Deeds | |
| State v. Cobb (16-990 - Published)
Appearance Bond Forfeiture; Record on appeal; | |
| State v. Falana (16-1306 - Published)
Felony Conversion; Indictment; Ownership | |
| State v. Lynch (17-75 - Published)
Unsolicited Statements by Juror during Selection; Motion for Mistrial; Standard for Finding Clerical Error | |
| Unpublished Opinions 5 July 2017 - Rule 30e - Zip File of Unpublished Opinions Mandate: 25 July 2017 | |
| Bank of Am., N.A. v. Rivera (16-166 - Unpublished)
reformation of deed of trust | |
| Barbour v. Barbour (16-782 - Unpublished)
Appeal of child support transmittal order. | |
| Estate of Russell v. Russell (17-21 - Unpublished)
Power of Attorney; Gift Transfer; Summary Judgment | |
| GECMC 2006-C1 Carrington Oaks, LLC v. Weiss (16-669 - Unpublished)
JNOV; Breach of Guaranty; N.C. R. Evid. 902 | |
| Holden v. Inficare, Inc. (16-1061 - Unpublished)
Motion to compel arbitration; scope of arbitration clause; choice of law; Virginia arbitration law | |
| In re A.P.C. (17-180 - Unpublished)
TPR; willful abandonment; jurisdiction; best interest | |
| In re B.T. (17-51 - Unpublished)
Custodian Verification; Termination of Court Jurisdiction; Constitutional Right to Parent. | |
| In re C.B. (17-41 - Unpublished)
Permanency planning; ceasing reunification; amendments to juvenile code | |
| In re C.M.D. (17-197 - Unpublished)
Adjudication; Dependency; Findings of Fact | |
| In re D.D.D. (16-1239 - Unpublished)
TPR; best interest determination | |
| In re D.L.A.D. (17-262 - Unpublished)
Termination of parental rights; Subject matter jurisdiction. | |
| In re D.L.L.M. (16-1181 - Unpublished)
Abandonment; Failure to Pay; Termination | |
| In re D.O. (16-1272 - Unpublished)
Termination of parental rights. Abuse, neglect, failure to make reasonable progress and failure to support, NCGS 7B-1111(a)(1), (2) and (3). No merit brief. | |
| In re E.A.D. (17-133 - Unpublished)
Termination of Parental Rights, Neglect, Likelihood of future neglect | |
| In re E.C. (17-57 - Unpublished)
Permanency Planning Order, Guardianship, Findings of Fact, ?abuse, neglect, and dependency? | |
| In re E.V.R. (16-1250 - Unpublished)
Rule 17 GAL; Civil Rights Act of 1964; Abused and Neglected Juveniles; N.C.G.S. Sec. 7B-901(c) | |
| In re G.M.C. (16-1257 - Unpublished)
Termination of parental rights; sufficiency of evidence; relative placement | |
| In re H.R.P.A. (17-72 - Unpublished)
Involuntary commitment order; dangerous to others; N.C. Gen. Stat. § 122C-3(11); whether findings of fact support that court's conclusions of law. | |
| In re K.E.J. (16-1223 - Unpublished)
termination of parental rights, ineffective assistance of counsel, attorney withdrawal | |
| In re L.H. (16-1294 - Unpublished)
Permanency Planning Orders; Child Custody; Visitation; Cessation of Reunification Efforts | |
| In re L.P.T. (16-1246 - Unpublished)
Grounds for terminating parental rights; insufficient findings of fact; Incarceration is improper as the sole ground for termination | |
| In re M.B. (16-1270 - Unpublished)
Permanency planning, guardianship, visitation | |
| In re M.L.E. (16-1180 - Unpublished)
Termination of Parental Rights; Motion to Continue; Waiver; Neglect; Best Interests Determination | |
| In re P.B. (16-1261 - Unpublished)
Permanency Planning Order; Ceasing Reunification Efforts; Required Findings of Fact | |
| In re P.L.B. (16-1116 - Unpublished)
Termination of Parental Rights; Willful Abandonment | |
| In re R.R. (16-1240 - Unpublished)
Delegation of fact-finding duty; findings of fact regarding fitness of a natural parent; N.C. Gen. Stat. Sec. 7B-906.1 and 906.2 | |
| In re S.D.B. (16-1265 - Unpublished)
willful failure to pay, reasonable portion of cost of care, termination of parental rights | |
| In re S.S.P. (17-191 - Unpublished)
TPR; guardian ad litem; wilfulness; reasonable progress | |
| In re: E.M.S-C. & B.O.S-C. (17-30 - Unpublished)
willful abandonment, NCGS 7B-1111(a)(7); failure to make efforts to locate children; findings of fact to support abuse; unchallenged findings of fact. | |
| Jennings v. Univ. of N.C. (16-1031 - Unpublished)
Motion to dismiss; Failure to exhaust administrative remedies; FMLA | |
| McLaurin v. Med. Facilities of N.C., Inc. (16-1161 - Unpublished)
Invalid Arbitration Agreement in Nursing Home Contract. | |
| Roberts v. Mars Hill Univ. (16-1093 - Unpublished)
Summary judgment in negligence action, liability of university, foreseeability of act based on prior criminal activity | |
| Sampson v. Lanier (16-1135 - Unpublished)
Dismissal for Violation of Appellate Rules; Failure to Include Copy of Judgment in Appellate Record | |
| State v. Baskins (16-1237 - Unpublished)
Appeal after remand; best evidence rule; non-testimonial evidence; motion to suppress. | |
| State v. Benton (16-1238 - Unpublished)
Right to Appeal from Guilty Plea; Eight Amendment Challenge to Sentence; Lack of Jurisdiction | |
| State v. Cox (16-992 - Unpublished)
Probation Revocation; Ineffective Assistance of Counsel | |
| State v. Ellison (16-1127 - Unpublished)
Larceny; Jury Instructions on Separate Guilt of Multiple Defendants; Restitution | |
| State v. Grissett (16-1305 - Unpublished)
Motion for Postconviction DNA Testing; Requirement of Showing Materiality; Anders | |
| State v. Guerrero (16-1227 - Unpublished)
Revocation of probation; Sufficient evidence; Clerical errors. | |
| State v. Henley (16-1171 - Unpublished)
Denial of Motion to Suppress; Miranda Rights; Noncustodial Interrogation | |
| State v. Hicks (16-1033 - Unpublished)
Motion to Dismiss; Sufficiency of Evidence; Breaking and Entering; Larceny; Possession of Stolen Goods | |
| State v. Isom (16-1052 - Unpublished)
Improper Sentencing Considerations; False Testimony; Possession and Manufacture of Marijuana | |
| State v. Kluttz (16-1097 - Unpublished)
Motion in limine; motion to dismiss; insufficient evidence; first-degree sexual offense; indecent liberties; continuing objection does not preserve objection | |
| State v. Konifka (16-1013 - Unpublished)
Jury question response, dilution of the burden of proof, shackling during trial, Deck challenge | |
| State v. Meinsen (17-13 - Unpublished)
NCGS 14-202.1(a)(1)+(2); indecent liberties with a child; jury instruction on lewd and lascivious act; prejudicial error | |
| State v. Newbill (16-1163 - Unpublished)
Anders; Denial of Motion to Suppress | |
| State v. Oates (16-903 - Unpublished)
Defendant's motion to dismiss; N.C. Gen. Stat. Section 14-415.1(a); N.C. Gen. Stat. Section 14-288.8(a); failure to preserve issues for appellate review | |
| State v. Peterson (17-26 - Unpublished)
Constitutional Right to Counsel at Resentencing | |
|
Filed: 20 June 2017 Mandate: 10 July 2017 Zip File of Published Opinions Case Title / Description | |
| Brewington v. N.C. Dep't Of Pub. Safety (16-913 - Published)
Administrative Law, Dismissal of Career State Employee, Whether the Findings were Supported by Substantial Evidence, Whether Dismissal Decision was Arbitrary and Capricious, Just Cause Analysis, Due Process of Law | |
| Fuller v. Wake Cty. (16-869 - Published)
tort claims against county; governmental immunity; waiver; summary judgment | |
| Glover v. Dailey (16-1108 - Published)
Bench trial, negligent misrepresentation, unfair and deceptive trade practice, homeowner exception | |
| Justus v. Rosner (15-1196 - Published)
(View Supreme Court Opinion) Negligence; Damage Mitigation; amended Judgment; Contributory Negligence; Costs | |
| SIA Grp., Inc. v. Patterson (16-1137 - Published)
Preliminary injunction; Interlocutory appeal; Substantial right; Employment Agreement | |
| State v. Alston (16-966 - Published)
Drug House; Drug Identification; Expert Testimony | |
| State v. Clonts (16-566 - Published)
(View Supreme Court Opinion) Sixth Amendment, Confrontation Clause, Rule 804, Unavailability of Necessry Witness, Continuance, Good-Faith Effort | |
| State v. Cook (16-883 - Published)
(View Supreme Court Opinion) Assault with a firearm; when a defendant is entitled to a self-defense instruction; intent to shoot attacker, essential to warrant instruction. | |
| State v. Dye (16-778 - Published)
Statutory rape; bolstering of victim credibility; satellite-based monitoring; N.C.G.S. Sec. 14-208.40A | |
| State v. Hensley (16-689 - Published)
Rule 106; Contemporaneity Requirement; Abuse of Discretion | |
| State v. Langley (16-1107 - Published)
(View Supreme Court Opinion) habitual felon; juror misconduct | |
| State v. Miller (16-1206 - Published)
(View Supreme Court Opinion) Confrontation Clause; Testimonial Statements; Forfeiture; State's Waiver of Harmlessness Beyond a Reasonable Doubt | |
| State v. Perry (16-768 - Published)
Motion to suppress; Ineffective assistance of counsel; Harbison | |
| State v. Street (16-307 - Published)
obtaining property by false pretenses, doctrine of recent possession, jury instruction | |
| State v. Thompson (16-1211 - Published)
Criminal Street Gang Activity; Witness Identification; Robbery with a Dangerous Weapon | |
| Wilson v. Guinyard (16-1277 - Published)
civil contempt; child custody; legal representation; adherence to visitation schedules; attorney's fees. | |
| Unpublished Opinions 20 June 2017 - Rule 30e - Zip File of Unpublished Opinions Mandate: 10 July 2017 | |
| Bank of N.C. v. 15 River Project, LLC (16-1266 - Unpublished)
Foreclosure; Deed of Trust; Breach of Contract; Promissory Note | |
| Ellison v. Ellison (16-914 - Unpublished)
Equitable Distribution; Failure to List, Value, or Distribute Marital Property; Failure to Value Net Marital Estate | |
| In re A.K. (16-837 - Unpublished)
Child custody; Jurisdiction | |
| In re Foreclosure of Boehm (16-299 - Unpublished)
foreclosure of real property, moot | |
| In re J.L.T. (16-1242 - Unpublished)
Neglected juveniles; Adjudication; Competent evidence | |
| In re K.J. (17-138 - Unpublished)
Termination of Parental Rights | |
| In re N.A.P. (17-160 - Unpublished)
| |
| In re R.T.W. (16-1132 - Unpublished)
| |
| Maitra v. Quarter Mile Muscle, Inc. (16-338 - Unpublished)
Damages for a breach of contract claim; Judgment Notwithstanding the Verdict; Personal liability when an officer of a corporation enters into an agreement for his or her own personal benefit | |
| McLeod v. McLeod (16-871 - Unpublished)
Testimony; Rule 12(b)(6); Summary Judgment; Issue Material Fact | |
| Page v. McCabe (16-1143 - Unpublished)
Child Custody; Denial of Motion for Modification; Required Findings of Fact | |
| Penney v. UNC Hosps. (16-1166 - Unpublished)
Workers' Compensation; Compensable Specific Traumatic Incident | |
| Ragavage v. City of Wilmington (16-1028 - Unpublished)
employment, city charter, just cause, progressive discipline | |
| Rmah v. United Servs. Auto. Ass'n (16-848 - Unpublished)
Interlocutory, substantial right | |
| Rmah v. USAA Cas. Ins. Co. (17-131 - Unpublished)
Interlocutory, substantial right | |
| State v. Brown (16-1044 - Unpublished)
Reasonable suspicion | |
| State v. Dunlap (16-1063 - Unpublished)
Sentencing | |
| State v. Evans (16-1216 - Unpublished)
Second Degree Rape; Jury Instruction; Sufficiency of the Evidence; Rule 404(b) Evidence of Other Crimes | |
| State v. Gilchrist (16-956 - Unpublished)
Larceny; plain error | |
| State v. Gonzalez (16-1325 - Unpublished)
Sexual offense, indecent liberties with a child, closing arguments, fifth amendment rights | |
| State v. Johnson (16-954 - Unpublished)
Failure to preserve Rule 403 and Rule 401 issues; Harbison, Ineffective Assistance of Council | |
| State v. LaFortuna (16-1000 - Unpublished)
Voluntary Manslaughter; Evidence of Victim's Character and Prior Conduct; Imperfect Self-Defense; Motion to Dismiss | |
| State v. Lanier (16-1069 - Unpublished)
Habitual Misdemeanor Assault; Assault on a Female; Stipulations | |
| State v. McCray (16-1224 - Unpublished)
Sentencing | |
| State v. Melton (16-1088 - Unpublished)
First Degree Murder; Solicitation of First Degree Murder; Double Jeopardy | |
| State v. Phloykaew (16-1148 - Unpublished)
Ineffective assistance of counsel | |
| State v. Rhom (16-929 - Unpublished)
Anders | |
| State v. Taylor (16-1105 - Unpublished)
closing arguments | |
| Tucker v. Clerk of Ct. of Forsyth Cty. ex rel Frye (16-926 - Unpublished)
Substantial Right; Statement of grounds for appellate review | |
|
Filed: 6 June 2017 Mandate: 26 June 2017 Zip File of Published Opinions Case Title / Description | |
| Bunch v. Britton (16-181 - Published)
rule 12(b)(6) | |
| Farmer v. Farmer (16-760 - Published)
Child custody modification; failure to hold a proper hearing before modifying visitation; insufficient evidence presented and facts found to support custody modification order | |
| In re: Hughes (15-699-2 - Published)
(View Supreme Court Opinion) Eugenics; Heirs; Equal Protection Clause; Constitutionality of a Statute | |
| In re: Redmond (15-763-2 - Published)
(View Supreme Court Opinion) Eugenics; Heirs; Equal Protection Clause; Constitutionality of a Statute | |
| In re: Smith (15-829-2 - Published)
(View Supreme Court Opinion) Eugenics; Heirs; Equal Protection Clause; Constitutionality of a Statute | |
| In re the Will of James Paul Allen, Deceased (16-1209 - Published)
(View Supreme Court Opinion) Holographic codicil to typewrtten will | |
| Innovative Solar 55, LLC v. Robeson Cty. (16-1101 - Published)
solar facility or farm use permit; prima facia entitlement; conditional use permit (CUP) denial; competent evidence to support denial of CUP; generalized speculative concerns of community members. | |
| Kings Harbor Homeowners Ass'n, Inc. v. Goldman (16-1189 - Published)
Summary judgment; platted access easement; riparian rights; ownership of pier; grantor's intent | |
| Lee v. Cooper (16-845 - Published)
Summary judgment, Lease/option agreement for home, equity of redemption | |
| Parmley v. Barrow (16-1258 - Published)
Interlocutory Appeal. | |
| Rash v. Waterway Landing Homeowners Ass'n, Inc. (16-1158 - Published)
Summary judgment; slip and fall, contributory negligence | |
| State v. Bass (16-421 - Published)
(View Supreme Court Opinion) self-defense; no duty to retreat under NCGS 14-51.3(a); required instructions; specific acts of aggression; state's discovery provided on eve of trial; motion to continue; prejudice. | |
| State v. Buchanan (16-697 - Published)
Conviction for obtaining property by false pretenses and attempting to obtain property by false pretenses based on the same conduct; sufficiency of the evidence; applicability of single taking rule; jury instructions. | |
| State v. Jones (16-1280 - Published)
Authority of Court of Appeals to Grant petition for certiorari for review of sentencing upon defendant's plea of guilty, denial of defendant's right to allocute | |
| State v. Mostafavi (16-1233 - Published)
(View Supreme Court Opinion) Conflicting Court of Appeals precedents, fatal defect in indictment, State v. Ricks, US currency | |
| State v. Riley (16-700 - Published)
sentencing; Brady evidence; substantial similar offenses | |
| State v. Scaturro (16-1026 - Published)
Hit and Run; Fatal Variance; Jury Instructions | |
| Unpublished Opinions 6 June 2017 - Rule 30e - Zip File of Unpublished Opinions Mandate: 26 June 2017 | |
| Anderson v. Anderson (16-469 - Unpublished)
Interlocutory; substantial right; minimum contacts; personal jurisdiction | |
| Eagles Servs. & Towing, LLC v. Ace Motor Acceptance Corp. (16-693 - Unpublished)
Breach of contract; Breach of duty of good faith; Award | |
| Faucher v. Marcus (16-1056 - Unpublished)
Attorney fees; substantial right; interlocutory | |
| Henson v. Henson (16-1064 - Unpublished)
| |
| In re D.L.M. (16-1188 - Unpublished)
Termination of parental rights; insufficient findings to support willful abandonment and nelgect | |
| In re L.C.D. (16-1035 - Unpublished)
Subject matter jurisdiction; UCCJEA; permanency planning and reunification | |
| State v. Abney (16-840 - Unpublished)
jury instruction; flight | |
| State v. Bowden (16-1074 - Unpublished)
Habitual Felon Indictment; Jurisdiction for Misdemeanor Charges. | |
| State v. Butler (16-1255 - Unpublished)
drug related offenses; undercover buyers; habitual felon; evidence of prior conviction; committed youthful offender; fatal variance; denial of mistrial; jury instructions; aggravating factor; sentencing errors. | |
| State v. Carrell (16-984 - Unpublished)
Admission of Evidence not Plain Error | |
| State v. Dorest (16-890 - Unpublished)
Privilege against self-incrimination; right to remain silent; plain error | |
| State v. Dubose (16-169 - Unpublished)
robbery with a dangerous weapon, prior bad act, invited error | |
| State v. Foye (16-675 - Unpublished)
Rules 404(a) and 404(b) character evidence; self-defense instruction; right to speedy trial | |
| State v. Gillespie (16-881 - Unpublished)
felonious indecent exposure, alibi, plain error, ineffective assistance of counsel | |
| State v. Griffin (16-972 - Unpublished)
Waiver of Service of Notice of Appeal | |
| State v. Johnson (16-1170 - Unpublished)
Probation Revocation' Out0of0State Offenses; Resisting Arrest | |
| State v. Johnson (16-1036 - Unpublished)
Appeal-Anders Brief | |
| State v. McClinton (16-887 - Unpublished)
Possession with intent to sell or deliver; amount; intent | |
| State v. McCree (16-690 - Unpublished)
PWISD; Terry stop; Preservation of arguments for appellate review | |
| State v. Reddick (16-451 - Unpublished)
reasonable suspicion to stop vehicle; probable cause to search console | |
| State v. Roberson (16-939 - Unpublished)
Defendant's Right to be Present; Custody for Purposes of Miranda | |
| State v. Rogers (16-1087 - Unpublished)
Revocation of Probation, Factual Basis not Supported by Record Evidence | |
| State v. Saint Clair (16-836 - Unpublished)
Safecracking, Fatal Variance | |
| State v. Simmons (16-975 - Unpublished)
possession of a firearm by a felon, ineffective assistance of counsel, Miranda warning, public safety exception | |
| State v. Tapia (16-909 - Unpublished)
Motion for Post-Conviction DNA Testing, Anders Brief | |
| State v. Tetterton (16-967 - Unpublished)
Appeal from Guilty Plea, Anders Brief | |
| State v. Walker (16-1195 - Unpublished)
breaking and entering with intent to terrorize and/or injure; defense of a family member; jury instructions; plain error. | |
| State v. Wiggins (15-1385 - Unpublished)
Plain Error; Ineffective Assistance of counsel; Limiting Instruction | |
| State v. Young (16-995 - Unpublished)
Cross Examination, Defendant Opened Door on Direct Examination | |
|
Filed: 16 May 2017 Mandate: 5 June 2017 Zip File of Published Opinions Case Title / Description | |
| Edwards v. Foley (16-1060 - Published)
Interlocutory appeal from summary judgment order; appellant?s brief must contain sufficient facts and argument to support appellate review on the ground that the challenged order affects a substantial right. | |
| Hanna v. Wright (16-1134 - Published)
Interlocutory; Substantial Right; Contract Dispute | |
| Henderson v. The Charlotte-Mecklenburg Bd. of Educ. (16-977 - Published)
Statutory Immunity; Interlocutory Appeal; Motion to Dismiss | |
| In re: K.B. (16-970 - Published)
Abuse, neglect, dependency | |
| In re: M.B. (16-1165 - Published)
Compliance with JCPC Mooted by Guardian's Return to NC, Rights of Parent after Guardianship Established for Child | |
| In re: T.K. (16-1047 - Published)
Requirements for a juvenile petition in a delinquent case; Jurisdictional defects under N.C. Gen. Stat. 7B-1703 | |
| Locklear v. Cummings (16-1015 - Published)
(View Supreme Court Opinion) Medical Malpractice; Ordinary Negligence; Service of Process. | |
| McKinney v. McKinney (16-884 - Published)
Appeal from criminal and civil contempt order; child custody dispute | |
| Orren v. Orren (16-1024 - Published)
Alimony; Cohabitation; Equitable Distribution | |
| Plasman v. Decca Furniture (USA), Inc. (16-777 - Published)
Mandatory Complex Business Case, Preliminary Injunction, Order directing Party to Comply with Injunction, Effect of Pending Interlocutory appeal on Trial Court's Continuing Jurisdiction Over an Action, Civil Comtempt | |
| Radiator Specialty Co. v. Arrowood Indem. Co. (16-638 - Published)
Appellate jurisdiction; interlocutory appeals; failure to demonstrate substantial right | |
| State v. Burris (16-238 - Published)
motion to suppress self-incriminating statement, warrantless blood draw, motion to dismiss for insufficient evidence | |
| State v. Fowler (16-947 - Published)
(View Supreme Court Opinion) DWI; Jury Instructions; New Trial. | |
| State v. Maloney (16-851 - Published)
Fatally Defective Indictment; Continuing Offense, Manufacturing Methamphetamine | |
| State v. Martinez (16-374-2 - Published)
propriety of expert testimony regarding credibility of child witness, prospective juror remarks, ambiguity in jury instructions, Defendant?s presentation of impeachment evidence | |
| State v. Powell (16-1022 - Published)
Warrantless search of a probationer's home; for purposes directly related to probation supervision; N.C. Gen. Stat. § 15A-1343(b)(13); motion to suppress | |
| State v. Williams (16-684 - Published)
(View Supreme Court Opinion) Preservation, 404(b) evidence | |
| Weaver v. Dedmon (16-55 - Published)
Arising out of and in the course of employment; work-related activity; negligence theory | |
| Wilson v. Pershing, LLC (16-803 - Published)
Dismissal Pursuant to Rules 12(b)(1), (4), and (6) of the North Carolina Rules of Civil Procedure, Motion to continue, Fraud, Constructive Fraud, Breach of Fiduciary Duty, Statutes of Limitations, Discovery Rule for Fraud-based Actions | |
| Unpublished Opinions 16 May 2017 - Rule 30e - Zip File of Unpublished Opinions Mandate: 5 June 2017 | |
| Blanton Supplies of Little River, Inc. v. William Barber, Inc. Custom Home Builder (16-916 - Unpublished)
Default Judgment; Subcontractor's Lien | |
| Edwards v. PCC Airfoils (16-951 - Unpublished)
Workers' Compensation; Parson's Presumption; Issue Preservation | |
| In re A.G. (16-1200 - Unpublished)
Reunification Efforts. | |
| In re Foreclosure of Rankin (16-771 - Unpublished)
Foreclosure, Holder of Note, Mortgage, Deed of Trust | |
| In re J.D.C. (16-1256 - Unpublished)
Termination of Parental Rights, No Merit Brief | |
| In re J.F. (16-1169 - Unpublished)
Guardian Verification; Review Hearing; Visitation. | |
| In re J.R.E. (16-1140 - Unpublished)
Abuse, neglect, dependency | |
| In re J.S. (16-1039 - Unpublished)
Guardianship; Waiver of Review Hearings; Reunification; Constitutional Right to Parent. | |
| In re: McLean (16-1173 - Unpublished)
Mortgage; Foreclosure | |
| Mills v. Majette (16-1145 - Unpublished)
Motion to enforce settlement agreement; contract- meeting of the minds; statute of frauds; actual authority; apparent authority | |
| Moses v. N.C. Indus. Comm'n (16-1197 - Unpublished)
NC Tort Claims Act; damages; conflict of interest; amendment of defendant-agency's name; disclosure of personal information | |
| Posey v. Wayne Mem'l Hosp., Inc. (16-1218 - Unpublished)
Motion to Dismiss, Appellate Rules Violations, Abandoned Arguments, Per Curiam | |
| State Farm Mut. Auto. Ins. v. Phillips (16-162 - Unpublished)
auto insurance, directed verdict | |
| State v. Boyd (16-1090 - Unpublished)
Plain Error, Sex Offender Registry, Failing to Report Change of Address, Insufficient Evidence | |
| State v. Brooks (16-828 - Unpublished)
Withdrawal of Guilty Plea; Substantial Assistance | |
| State v. Crain (16-844 - Unpublished)
Inculpatory Statement, Miranda v. Arizona, Insufficient Evidence, Constructive Possession | |
| State v. Ellison (16-879 - Unpublished)
Rule 404(b) evidence, plain error | |
| State v. Gann (15-1344-2 - Unpublished)
Remand from Supreme Court; Remand and Resentence for Second Degree Arson. | |
| State v. Greene (16-891 - Unpublished)
Lay Opinion Testimony; Custodial Interrogation; Motion to Suppress | |
| State v. Holloway (16-940 - Unpublished)
First-degree kidnapping, Attempted armed robbery, Fatal variance between indictment and proof, Claim of ineffective assistance of counsel, Challenge to jury instructions on first-degree kidnapping charge | |
| State v. Hughes (16-779 - Unpublished)
Indictment; Motion to Dismiss; Sufficiency of the Evidence; Controlled Substances Act; Precursor Materials | |
| State v. Waters (16-985 - Unpublished)
Robbery with a dangerous weapon. | |
| State v. Wilkins (16-1146 - Unpublished)
Intent to kill; assault with a deadly weapon with intent to kill inflicting serious injury | |
| State v. Wilson (16-1043 - Unpublished)
Kidnapping; sufficiency of the evidence and jury instructions; amount of civil restitution order must be supported by the record. | |
| Wynn v. Tyrrell Cty. Bd. of Educ. (16-1130 - Unpublished)
Rule 12(b)(6) of the North Carolina Rules of Civil Procedure, Defamation pro se, Failure to plead defamation claim with sufficient particularly | |
| Zeng v. Durham (16-1276 - Unpublished)
Good cause to set aside default judgment; summary judgment; failure to timely answer counterclaim. | |
|
Filed: 2 May 2017 Mandate: 22 May 2017 Zip File of Published Opinions Case Title / Description | |
| Anders v. Universal Leaf N. Am. (16-910 - Published)
Workers' Compensation, Hernia Injuries, Partial Disability, Parsons Presumption, Limitation Period on Claims for Additional Medical Compensation, Seagraves Test, Claimant's Failure to Prove Disability | |
| The City of Asheville v. Frost (16-577 - Published)
(View Supreme Court Opinion) Interlocutory Appeal; Statutory Interpretation | |
| Cole v. N.C. Dep't of Pub. Safety (16-340 - Published)
Career state employee; just cause; unsatisfactory job performance; N.C.G.S. section 1A-1, rule 41(a)(1) | |
| Freedman v. Payne (16-969 - Published)
Law of the case, In Pari Delicto Doctrine | |
| In re: J.S.C. (16-1222 - Published)
Adjudication of Abuse and Neglect, Evidentiary Standard that applies to findings contained in consent orders | |
| Laprade v. Barry (16-11 - Published)
custody, change of circumstances | |
| State v. Cox (16-1068 - Published)
second-degree murder; DWI; delayed appearance before judicial official; access to witness or attorney; proximate cause of victims' death or injury; exclusion of evidence to show bias | |
| State v. Harris (16-874 - Published)
Past recorded recollection; hearsay; corroborative evidence; supplemental jury instructions. | |
| State v. Johnson (16-527 - Published)
1st degree sexual offense with a child; sex offense by a substitute parent; unanimous jury verdict; lifetime sex offender registration NCGS 14-208.6A; Grady v. North Carolina reasonableness of lifetime Satellite Based Monitoring. | |
| State v. Regan (16-682 - Published)
Probation Revocation; Subject Matter Jurisdiction; N.C. Gen. Stat. 15A-1344 | |
| State v. Reynolds (16-149 - Published)
double jeopardy, N.C.G.S. section 14-208.11(a) | |
| State v. Whitehurst (16-1021 - Published)
Denial of Defendant's Request to Set Aside Plea of Guilty | |
| US Chem. Storage, LLC v. Berto Constr., Inc. (16-628 - Published)
Motion to dismiss; Forum selection clause; Minimum contacts; Personal jurisdiction | |
| WidenI77 v. NC Dep't of Transp. (16-818 - Published)
summary judgment; tax; delegation of power; Turnpike statute | |
| Unpublished Opinions 2 May 2017 - Rule 30e - Zip File of Unpublished Opinions Mandate: 22 May 2017 | |
| Binkley v. Binkley (16-846 - Unpublished)
Undue Influence; Duress; Affidavit of Correction | |
| Bray v. Swisher (16-928 - Unpublished)
Town Employee Personnel Files; Writ of Mandamus; Due Process | |
| Buckner v. United Parcel Serv. (16-1110 - Unpublished)
Workers' Compensation; Competent Evidence Standard; Occupational Disease | |
| Cohen v. Cont'l Motors, Inc. (16-792 - Unpublished)
motion to dismiss; personal jurisdiction; minimum contacts; due process | |
| Cook v. Thomas (16-712 - Unpublished)
Willful refusal of chemical analysis related to drivers license revocation | |
| Geoghagan v. Geoghagan (16-711 - Unpublished)
N.C. Gen. Stat. Sec. 1A-1, Rule 54(h); interlocutory appeals; substantial right; res judicata | |
| Grosslight v. N.C. Dep't of Transp. (16-983 - Unpublished)
Interlocutory Appeal, Risk of Inconsistent Verdicts | |
| In re B.D. (16-1037 - Unpublished)
Termination of Parental Rights, No-Merit Brief | |
| In re B.N.M. (16-1012 - Unpublished)
| |
| Lippard v. Holleman (16-886 - Unpublished)
One Judge Over-ruling Another; First Amendment; Subject Matter Jurisdiction. | |
| Medlin v. Medlin (16-863 - Unpublished)
Equitable Distribution; Marital Property; Classification and Valuation | |
| Oates v. Parker (16-1053 - Unpublished)
Service of Process; Alias and Pluries Summons; Summary Judgment | |
| Phan v. Clinard Oil Co., Inc. (16-1083 - Unpublished)
Res judicata; Lassiter exception; Privity. | |
| Rowe v. Rowe (16-1072 - Unpublished)
child custody; in-chambers interview; civil contempt order; compliance after warnings. | |
| Rowe v. Rowe (16-1073 - Unpublished)
child custody; in-chambers interview with a minor; civil contempt order; compliance after warnings. | |
| St. John v. Thomas (16-847 - Unpublished)
Driving while impaired, License revocation hearing conducted by the DMV, Reasonable grounds to arrest person for impaired driving, Probable cause to suspect person had committed an implied consent offense, Person's willful refusal to submit to a chemical analysis of his breath | |
| State v. Bell (16-798 - Unpublished)
Whether confession was voluntary; inducement of hope or fear; Fifth Amendment; motion to suppress; coercion | |
| State v. Bradley (16-917 - Unpublished)
Evidence; Rule 404(b); jury instructions | |
| State v. Carpenter (16-973 - Unpublished)
Motion to suppress; knock and talk; unpreserved issue; voluntary consent; scope of consent; adequate findings to support probation term. | |
| State v. Cates (16-672 - Unpublished)
Voluntary manslaughter; Motion to dismiss; Ineffective assistance of counsel; Shorthand statement of facts; Basis of expert's opinion; In camera review of sealed records. | |
| State v. Collins (16-901 - Unpublished)
Outside contact with a juror; mistrial; jury tampering; integrity of the jury system | |
| State v. Daye (16-1119 - Unpublished)
Fourth Amendment; Probable Cause; Search Warrant; Staleness | |
| State v. Ervin (16-1126 - Unpublished)
Plain Error; Jury Instructions; Ineffective Assistance of Counsel. | |
| State v. Jenkins (16-717 - Unpublished)
Jury instructional errors, fatal variances, and lessor-included offense instructions. | |
| State v. Knolton (16-671 - Unpublished)
Expert opinion testimony; Rule 702; Vouching | |
| State v. Lindsey (16-742 - Unpublished)
Chain of custody | |
| State v. Norman (16-1005 - Unpublished)
| |
| State v. Pannell (16-852 - Unpublished)
maintaining a dwelling; manufacturing methamphetamine; motion to dismiss; NCGS § 15-11.1 | |
| State v. Perry (16-862 - Unpublished)
Writ of certiorari; knowing and voluntary guilty plea; minimum sentence under Structured Sentencing grid; supervised probation | |
| State v. Stroud (16-989 - Unpublished)
Deficiencies in Trial Transcript; Harmless Error | |
| State v. Vidovich (16-773 - Unpublished)
Indecent liberties with child; N.C.G.S. Sec. 14-202.1 | |
| Wilson v. Ashley Women's Ctr., P.A. (16-1004 - Unpublished)
medical negligence; causation; expert testimony; Rule 404(b); jury instructions | |
|
Filed: 18 April 2017 Mandate: 8 May 2017 Zip File of Published Opinions Case Title / Description | |
| Boone Ford, Inc. v. IME Scheduler, Inc. (16-750 - Published)
(View Supreme Court Opinion) Consolidation | |
| Chastain v. Arndt (16-1151 - Published)
Rule 12 motions to dismiss; sovereign immunity; purchase of insurance; Tort Claims Act; public official immunity; public official versus public employee. | |
| Dep't of Transp. v. Riddle (16-445 - Published)
condemnation, interlocutory appeal, determination of which of the landowner's lots constitute the entire tract affected by the taking | |
| In re: A.B., C.B., J.B., A.B. (16-1040 - Published)
Termination of Parental Rights; Circumstances at Time of Termination Hearing | |
| In re: A.P. (16-1010 - Published)
(View Supreme Court Opinion) standing to file a juvenile petition; subject matter jurisdiction; county of residence; nonsecure custody order. | |
| In re: Thompson (16-1014 - Published)
Latent error in deed of trust | |
| In re: J.D.A.D. (16-1076 - Published)
Termination of parental rights; NCGS 7B-1111(a)(9); parent's incarceration; findings of fact. | |
| In re: J.K. (16-823 - Published)
NCGS 7B-911 | |
| In re: L.C. (16-1009 - Published)
Juvenile adjudication; abuse, neglect, and dependency; Fifth Amendment right against self-incrimination; initial dispositional hearing; ceasing reunification efforts; appropriate relative placement | |
| Miller v. Miller (16-486 - Published)
equitable distribution order, subject matter jurisdiction, in-kind distribution, distributional factors, future value of timber | |
| Moon Wright & Houston, PLLC v. Cole (16-1046 - Published)
Interlocutory; summary judgment; bankruptcy | |
| Page v. Chaing (16-611 - Published)
motion to dismiss; immunity; interlocutory | |
| Providence Volunteer Fire Dep't, Inc. v. Town of Weddington (16-80 - Published)
Governmental immunity; Proprietary vs Governmental functions; notice of lis pendens and preliminary injunctions. | |
| State v. Battle (16-1002 - Published)
Possession of a firearm by a felon; canine tracking; motion to dismiss; insufficient evidence of actual or constructive possession. | |
| State v. Huddy (16-904 - Published)
Unconstitutional Search of Home's Curtilage; Knock and Talk Doctrine; Community Caretaker Doctrine | |
| State v. Little (16-870 - Published)
Illustrative Evidence, Photographs from Social Media | |
| State v. Malachi (16-752 - Published)
(View Supreme Court Opinion) Disjunctive jury instructions; new trial; jury instructions unsupported by the evidence. | |
| State v. McNair (16-707 - Published)
Breaking or entering a place of religious worship; possession of burglary tools; injury to personal property; curtilage; fatal variance in indictment; facial invalidity of indictment; constructive possession; insufficiency of the evidence. | |
| State v. Mylett (16-816 - Published)
Spitting; Assault on a government officer; Requisite intent | |
| State v. Thorpe (16-1008 - Published)
Motion to suppress prior conviction; presumption of regularity | |
| Terry v. The Cheesecake Factory Rests., Inc. (16-549 - Published)
venue | |
| WASCO LLC v. N.C. Dep't Of Env't & Nat. Res. (16-414 - Published)
NC Hazardous Waste Management; Fed - RDRA; hazardous waster permit program | |
| Unpublished Opinions 18 April 2017 - Rule 30e - Zip File of Unpublished Opinions Mandate: 8 May 2017 | |
| Arnold v. Univ. of N.C. at Chapel Hill (16-573 - Unpublished)
Particularized Actual Injury; Standing; Subject Matter Jurisdiction; Motion to Dismiss | |
| Gilreath v. Cumberland Cty. Bd. of Educ. (16-927 - Unpublished)
Career teacher dismissal; N.C. Gen. Stat. § 115C-325; due process; equal protection; breach of contract; tortious interference with contract; intentional infliction of emotional distress; violation of § 115C-276; North Carolina constitution claims; Rule 12(b)(1); Rule 12(b)(6) | |
| In re A.G. (16-1066 - Unpublished)
Termination of parental rights; best interests of the child; grandparent; placement with a relative | |
| In re M.J. (16-957 - Unpublished)
Adjudication of Neglect; Sufficient Finding of Fact | |
| In re R.M. (16-746 - Unpublished)
Adjudication of Delinquency; Necessary Findings; Conceded Error | |
| Jones v. Dep't of Pub. Safety (16-617 - Unpublished)
Attorney's fees; Standard of review | |
| Lovelace v. B & R Auto Serv., Inc. (16-1045 - Unpublished)
Mesothelioma; last injurious exposure; multiple employers; challenged findings of fact; | |
| Maniya v. Neighborhood Assistance Corp. of Am. (16-706 - Unpublished)
Abandoned arguments; Summary Judgment; Genuine Issues of Material Fact; Judgment on the Pleadings | |
| Rosso-Schneider v. Schneider (16-980 - Unpublished)
Subject matter jurisdiction; Modification of child custody; Substantial change in circumstances | |
| State v. Barrera (16-1049 - Unpublished)
Motion for post-conviction DNA testing; materiality; N.C. Gen. Stat. § 15A-269 | |
| State v. Boyd (16-715 - Unpublished)
Assault with a deadly weapon with intent to kill--failure to instruct on lesser included offense; comments on defendant's post-arrest silence; improper flight instruction | |
| State v. Castruita (16-1007 - Unpublished)
Motion for post-conviction DNA testing; materiality | |
| State v. Craig (16-1027 - Unpublished)
Invalid Extension of Probation | |
| State v. Haugabook (16-471 - Unpublished)
Improper opinion testimony; Pre-trial motion; Failure to renew; Improper closing argument; Jury instruction; Invited error; Plain error | |
| State v. Hill (16-744 - Unpublished)
Lay opinion testimony; fatal indictments; jury instructions | |
| State v. Hoeun (16-888 - Unpublished)
Motion to dismiss; possession of firearm by a felon | |
| State v. Jones (16-797 - Unpublished)
Attorneys' fees for court-appointed attorney; notice and opportunity to be heard | |
| State v. Jones (16-842 - Unpublished)
Plain Error; Exclusion of Witness Testimony; Closing Argument | |
| State v. Lane (16-764 - Unpublished)
Sexual Battery, Assault on a Female, Defendant's Right to Control Tactical Decisions Related to His or Her Defense, Allen Charge, Allegedly Coercive Jury Instructions | |
| State v. Massey (16-868 - Unpublished)
Motion to Dismiss; Conspiracy Acting in Concert; Recent possession; Exclusive possession | |
| State v. McDougald (16-574 - Unpublished)
Robbery with a dangerous weapon; acting in concert | |
| State v. Simmons (16-861 - Unpublished)
Ineffective assistance of counsel; satellite-based monitoring; Grady reasonableness hearing; | |
| State v. Smith (16-718 - Unpublished)
Motion to suppress; hearsay; co-conspirator statement exception | |
| State v. Talbert (16-389 - Unpublished)
motion to dismiss, admission of evidence, lack of limiting instruction | |
| State v. Williams (16-1162 - Unpublished)
Probation violation; Anders brief | |
| Walker v. Pharr (16-1029 - Unpublished)
Domestic Violence Protective Order; substantial emotional distress; harassment | |
| Wheeler v. Cent. Carolina Scholastic Sports, Inc. (16-827 - Unpublished)
Baseball Rule, screened seating, negligence, summary judgment motion | |
|
Filed: 4 April 2017 Mandate: 24 April 2017 Zip File of Published Opinions Case Title / Description | |
| Brackett v. Thomas (16-912 - Published)
(View Supreme Court Opinion) DWI; willful refusal of chemical test; administrative review; NCGS 20-16.2 | |
| Hewitt v. Hewitt (16-16 - Published)
Constructive Fraud; Confidential Relationship; Fiduciary Relationship | |
| In re: L.L.O. (16-1098 - Published)
Termination of parental rights; NCGS 7B-1111(a)(1); NCGS 7B-1111(a)(2); findings of fact; conclusions of law; stream of consciousness. | |
| In re: T.N. (16-1011 - Published)
UCCJEA; NCGS 50A-201 et seq.; jurisdiction; termination of parental rights. | |
| Kelley v. Kelley (16-425 - Published)
Denial of summary judgment; interlocutory appeal affecting substantial right; modification of a separation agreement; void ab initio contract, equal dignity; estoppel. | |
| State v. Rice (16-906 - Published)
stolen firearms; constructive possession | |
| State v. Spruiell (16-639 - Published)
Motion for appropriate relief; ineffective assistance of appellate counsel; felony murder; merger doctrine; discharging weapon into occupied property | |
| State v. Wright (16-1017 - Published)
Armed robbery; endanger or threaten life of victim; fear of victim | |
| Watlington v. Dep't of Soc. Servs. Rockingham Cty. (16-1038 - Published)
State Human Resources Act, NCGS 126-1 et seq; Title 25, Subchapters I and J of NC Administrative Code; ALJ required findings of fact and conclusions of law; just cause to terminate; back pay for procedural violation. | |
| Unpublished Opinions 4 April 2017 - Rule 30e - Zip File of Unpublished Opinions Mandate: 24 April 2017 | |
| Cherry Cmty. Org. v. Stonehunt, LLC (16-905 - Unpublished)
Interlocutory appeal, cancellation lis pendens, substantial right | |
| Crabtree v. Smith (16-864 - Unpublished)
Motion to dismiss; Statute of Limitations; Unfair debt collection practices; Unfair trade practices; Motion to amend. | |
| In re A.M.D. (16-943 - Unpublished)
termination of parental rights, failure to make reasonable progress | |
| In re A.P. (16-931 - Unpublished)
Injurious Environment; Neglected Juvenile; Substantial Risk of Impairment | |
| In re A.S. (16-1077 - Unpublished)
Neglect; Injurious environment | |
| In re C.M.B. (16-952 - Unpublished)
Termination of parental rights; willful abandonment | |
| In re D.R. (16-994 - Unpublished)
neglect; best interests; reunification; visitation | |
| In re Foreclosure of Gupton (16-835 - Unpublished)
Pre-foreclosure certification; Evidence at Hearing; Holder of a Note | |
| In re J.H. (16-897 - Unpublished)
Termination of parental rights; motion to continue; best interests determination | |
| In re J.L.J. (16-1085 - Unpublished)
Termination of parental rights; no merits brief; incarceration of parent | |
| In re K.S.B. (16-894 - Unpublished)
TPR; guardian ad litem; incompetent adult; neglect | |
| In re Smith (16-882 - Unpublished)
involuntary commitment; dangerous to himself or others | |
| Law Firm of Michael A. DeMayo, LLP v. Schwaba Law Firm (16-899 - Unpublished)
Attorney's fees; quantum meruit | |
| Se. Real Estate & Disc. Co. v. Bank of N.C. (16-633 - Unpublished)
Motion to Dismiss; Assumption of lease | |
| State v. Carroll (16-986 - Unpublished)
First-degree Murder; Petition for Writ of Certiorari; Motion to Locate and Preserve Evidence and for DNA Testing | |
| State v. Castaneda-Pena (16-806 - Unpublished)
Motion to Suppress; Automobile Exception | |
| State v. Crews (16-902 - Unpublished)
Second-degree Trespass; Frivolous Appeal | |
| State v. Hart (16-784 - Unpublished)
Motion in Limine; Rule 403; Abuse of Discretion | |
| State v. Johnson (16-907 - Unpublished)
Clerical Error; Identity Theft; Possession of Cocaine; Habitual Felon | |
| State v. Lam (16-651 - Unpublished)
Probationary Period; Petition for Writ of Certiorari; Motion to Suppress | |
| State v. Locklear (16-900 - Unpublished)
Untimely Notice of Appeal; Rule 4; Dismissal | |
| State v. Martin (16-795 - Unpublished)
Ineffective Assistance of Counsel, Satellite-based Monitoring, Grady v North Carolina, Motion for Appropriate Relief | |
| State v. McCaster (16-640 - Unpublished)
Jury Instructions; Self Defense; Plain Error; Motion for Appropriate Relief; Ineffective Assistance of Counsel | |
| State v. McNair (16-1006 - Unpublished)
Sufficiency of Indictment; Stipulation of Prior Convictions. | |
| State v. Nettles (16-923 - Unpublished)
Motion to Dismiss; Petition for Writ of Certiorari; Identity of Perpetrator | |
| State v. Palm (16-831 - Unpublished)
first degree kidnapping; attempted common law robbery; separate restraint or asportation; IAC per se claim | |
| State v. Perry (16-722 - Unpublished)
Sentencing; Mitigated Range; Harmless Error | |
| State v. Ramey (16-876 - Unpublished)
Statutory Rape; Mistake of Age; Jury Instruction | |
| State v. Valentine (16-427 - Unpublished)
motion to suppress; exigent circumstances | |
| State v. Walker (16-794 - Unpublished)
motion to suppress; search and seizure | |
| State v. Williams (16-686 - Unpublished)
Constructive Possession; Lesser-included Offense; Possession of Cocaine | |
| Stonewall Constr. Servs., LLC v. Frosty Parrott Burlington, LLC (16-982 - Unpublished)
Interlocutory appeal | |
|
Filed: 21 March 2017 Mandate: 10 April 2017 Zip File of Published Opinions Case Title / Description | |
| Bell v. Goodyear Tire & Rubber Co. (15-1299 - Published)
Workers' Compensation; Compensable Injury; Causal Relationship; Compensation Benefits; Trial Return to Work; Sanctions | |
| Harris & Hilton, P.A. v. Rassette (16-809 - Published)
Rule 3.7 of NC Rules of Professional Conduct; necessary witness; witness-advocate rule | |
| Hildebran Heritage & Dev. Ass'n, Inc. v. The Town of Hildebran (16-568 - Published)
Open meetings law; Partial directed verdict; Attorney's fees. | |
| In re: R.P., Jr. (16-856 - Published)
?permanency planning review hearing requirements;? ?constitutionally protected status of parents;? ?requirement that a parent be found unfit for a change in guardianship placement.? | |
| Lund v. Lund (16-813 - Published)
Equitable distribution;appeal after remand; value of marital residence; law of the case. | |
| Meinck v. City of Gastonia (16-892 - Published)
(View Supreme Court Opinion) Governmental immunity; lease of premises to private entity; proprietary function; slip and fall; contributory negligence; summary judgment | |
| Porter v. Porter (16-329 - Published)
equitable distribution order, classification and valuation, distributive award | |
| Rittelmeyer v. Univ. of N. Carolina at Chapel Hill (15-1228 - Published)
ADA, termination | |
| State v. Bradford (16-988 - Published)
Jury Instructions; Flight; Clerical Error | |
| State v. Fink (16-934 - Published)
larceny by employee; NCGS 14-74; identity of the employer; fatal variance; Rule 404 (b) evidence; Rule 403 prejudice | |
| State v. Garner (16-289 - Published)
Failure to specify an entity capable of owning property on a larceny indictment;? ?arresting judgment without express justification for doing so;? ? double-jeopardy related arrest of judgment.? | |
| State v. Jacobs (16-464 - Published)
(View Supreme Court Opinion) Evidence - Rule 412(b) | |
| State v. Walker (16-109 - Published)
?preservation of an argument on appeal;? ?sufficiency of the evidence;? ?general motion to dismiss for sufficiency of the evidence;? ?specific argument for a motion to dismiss for sufficiency of the evidence.? | |
| Terrell v. Kernersville Chrysler Dodge, LLC (16-429 - Published)
Denial of motion to compel arbitration | |
| Wolski v. NC Div. of Motor Vehicles (16-702 - Published)
Driver?s license revocation, implied-consent offense, affidavit modification, refusal to submit to testing | |
| Unpublished Opinions 21 March 2017 - Rule 30e - Zip File of Unpublished Opinions Mandate: 10 April 2017 | |
| Crews v. Paysour (16-604 - Unpublished)
Modification of Child Support Order; Subject Matter Jurisdiction; Trial Court Misapprehension of the Law | |
| Crocker v. Transylvania Cty. Dep't of Soc. Servs. (16-875 - Unpublished)
Undisclosed Witness; Just Cause for Termination. | |
| Cty. of Harnett v. Rogers (16-757 - Unpublished)
Fraud, reasonable reliance, unfair and deceptive trade practices, market participant interactions, summary judgment motion | |
| Easton v. Hedgepeth (15-982 - Unpublished)
Statute of Limitations; Injury to Incorporeal Hereditament; Adverse Possession under Color of Title | |
| In re C.C. (16-971 - Unpublished)
termination of parental rights, dneial of motion for continuance, grounds to terminate - dependency | |
| In re E.P.H. (16-663 - Unpublished)
Termination of Parental Rights - Willful Abandoment | |
| In re G.G.R. (16-898 - Unpublished)
Trial court applied improper standard in dismissing DSS neglect/dependency petition | |
| In re G.S. (16-648 - Unpublished)
Cessation of reunification efforts; Guardianship appointment; N.C. Gen. Stat. Section 7B-600(c). | |
| In re G.W. (16-857 - Unpublished)
termination of parental rights | |
| In re I.S.D. (16-824 - Unpublished)
Cessation of reunification efforts; Termination of parental rights | |
| In re M.B. (16-788 - Unpublished)
Juveniles, Adjudication of Neglect | |
| In re M.B. (16-866 - Unpublished)
TPR; reunification efforts; visitation | |
| In re N.G.H. (16-896 - Unpublished)
Termination of Parental rights, Trial Court's Findings were Insufficient to Support its Legal Conclusion that Termination of Respondent-Mother's Parental Rights were warranted Under N.C. Gen. Stat. 7B-1111(a)(2) | |
| In re S.M.C. (16-681 - Unpublished)
Termination of parental rights; Subject Matter Jurisdiction | |
| In re T.E. (16-981 - Unpublished)
interlocutory; neglected juvenile | |
| Kaska v. Progressive Universal Ins. Co. (16-729 - Unpublished)
Physical contact requirement under uninsured motorist statute | |
| Lewis v. Hedgepeth (15-706 - Unpublished)
Joinder of Necessary Parties; Interlocutory Appeal | |
| Lewis v. Hedgepeth (15-914 - Unpublished)
Statute of Limitations; Injury to Incorporeal Hereditament; Adverse Possession under Color of Title | |
| McLean v. King (16-624 - Unpublished)
Civil contempt; child custody; visitation | |
| Stamey v. Stamey (16-843 - Unpublished)
Child Custody Modification; Contempt. | |
| State v. Andrews (16-772 - Unpublished)
Elements of Felony Larceny from the Person | |
| State v. Broyles (16-853 - Unpublished)
DWI; sentencing; aggravating factor | |
| State v. Echeverria (16-673 - Unpublished)
First degree murder, jury instruction, premeditation and deliberation | |
| State v. Farrar (16-679 - Unpublished)
Admission of Testimony at Trial; Prejudicial Error | |
| State v. Glisson (16-517 - Unpublished)
motion to continue; ineffective assistance of counsel; first-degree murder | |
| State v. Hensley (16-695 - Unpublished)
sentencing; probation point; NCGS § 15A-1340.16(a6) | |
| State v. Morris (16-643 - Unpublished)
Motion for mistrial; Sex offender registration; Aggravated offense; Satellite-based monitoring; Ineffective assistance of counsel. | |
| State v. O'Shields (16-822 - Unpublished)
Competency to Stand Trial; Challenge to Jury Instructions | |
| State v. Pye (16-754 - Unpublished)
Motion to suppress, DWI, reasonable suspicion, driver?s license checkpoint, three-point turn | |
|
Filed: 7 March 2017 Mandate: 27 March 2017 Zip File of Published Opinions Case Title / Description | |
| Harris v. N.C. Dep't of Pub. Safety (16-341 - Published)
(View Supreme Court Opinion) Standard of review of decision of ALJ; just cause; unacceptable personal conduct; use of force; NCGS 150B-51; NCGS 126-34.02 | |
| In re: C.P., C.P., J.C., J.T. (16-808 - Published)
Guardian appointment; Parent's constitutional rights; Best interest of the juvenile; Verification of guardian's resources; N.C. Gen. Stat. Section 7B-600(c). | |
| Key Risk Ins. Co. v. Peck (16-872 - Published)
Third party workers' compensation claim - NCGS 97-10.2; Motion to substitute a party; Rule 17(a) Real party in interest; Abuse of discretion. | |
| Krause v. RK Motors, LLC (16-911 - Published)
Interlocutory appeal | |
| Murray v. Moody (16-763 - Published)
Workers' Compensation, N.C. Gen. Stat. 97-10.2(j), Determination of workers' compensation lien on judgment that employee obtained against third-party tortfeasor, Res Judicata | |
| Rountree v. Chowan Cty. (16-555 - Published)
Negligent misrepresentation, summary judgment | |
| State v. Babich (16-762 - Published)
DWI; Expert Testimony; Retrograde Extrapolation; Rule 702 and Daubert Fit Test | |
| State v. Jefferson (16-745 - Published)
Miller v. Alabama, individualized sentencing, Eighth Amendment. | |
| State v. Parlier (16-724 - Published)
Miranda, Rape Shield Statute, custodial interrogation | |
| State v. Phillips (16-601 - Published)
Attempt to Obtain Property by False Pretenses; Motion to Dismiss | |
| State v. Stroud (16-59 - Published)
Felony murder; substantial evidence; plain error; underlying felonies | |
| State v. Swink (16-89 - Published)
waiver of right to jury trial, knowing and voluntary | |
| State v. Varner (16-591 - Published)
(View Supreme Court Opinion) misdemeanor child abuse; corporal punishment; jury instruction regarding moderate punishment | |
| State v. Williams (16-592 - Published)
Sentencing for possession of two Schedule I substances under N.C. Gen. Stat. § 90-89; denial of motion to suppress | |
| Thompson v. Town of White Lake (16-104 - Published)
Standards of Review of Board of Adjustment Decisions;? ?Motion to dismiss and final judgments;? ?Zoning decisions.? | |
| The Times News Publ'g Co. v. The Alamance-Burlington Bd. of Educ. (16-588 - Published)
Public Records Act; Open Meetings Law; public records request for access to minutes or general account of school board meeting | |
| Ward v. Ward (16-832 - Published)
Implied-in-fact contract; equitable powers; partition | |
| Unpublished Opinions 7 March 2017 - Rule 30e - Zip File of Unpublished Opinions Mandate: 27 March 2017 | |
| Doe v. Catawba Coll. (16-394 - Unpublished)
judgment on the pleadings; NCGS § 1A-1, Rule 12(c) | |
| Grubbs v. Grubbs (16-129 - Unpublished)
Rule 11 Sanctions. | |
| In re R.A.S. (16-805 - Unpublished)
Juvenile delinquency; Sexual battery; Subject matter jurisdiction. | |
| Lee v. Collins (16-789 - Unpublished)
Summary judgment; dog bite; premature; genuine issue of material fact | |
| Snyder v. Goodyear Tire & Rubber Co. (16-309 - Unpublished)
Workers' compensation disability benefits; reasonable efforts to obtain employment; sufficiency of finding | |
| State v. Baker (16-453 - Unpublished)
Motion to dismiss; Serious physical injury. | |
| State v. Baker (16-645 - Unpublished)
Motion to Suppress, statutory mandate | |
| State v. Bouknight (16-544 - Unpublished)
Motion to suppress, Terry frisk, reasonable suspicion, criminal history | |
| State v. Brooks (16-674 - Unpublished)
Sale and delivery of cocaine; Motion to Dismiss; Fatal variance | |
| State v. Carlton (16-880 - Unpublished)
Anders brief following Alford plea; misdemeanor assault on a government official, N.C. Gen. Stat. Section 14-33(c)(4). | |
| State v. Dominguez (16-919 - Unpublished)
Motion to preserve evidence; Anders v. California. | |
| State v. Edwards (16-974 - Unpublished)
safecracking, NCGS 14-89.1(b)unlawfully removes; acting in concert; motion to dismiss for insufficient evidence. | |
| State v. Holden (16-685 - Unpublished)
Felony breaking and entering; Lesser included offense; Ineffective assistance of counsel. | |
| State v. Hostetler (16-680 - Unpublished)
Defendant's right to appeal following a guilty plea, N.C. Gen. Stat. Section 15A-1444(a2); subject matter jurisdiction; State's motion to dismiss defendant's appeal. | |
| State v. Isley (16-401 - Unpublished)
Motion in Limine; Motion to Suppress | |
| State v. Marshall (16-731 - Unpublished)
Impasse; Trial Tactics; Motion to Continue | |
| State v. Moose (16-867 - Unpublished)
False pretenses; Motion to dismiss; Circumstantial evidence. | |
| State v. Morrison (16-942 - Unpublished)
Anders brief following Alford plea; writ of certiorari; defendant's right to appeal following a guilty plea, N.C. Gen. Stat. Section 15A-1444; possession of a firearm by a felon, N.C. Gen. Stat. Section 14-415.1; State's motion to dismiss defendant's appeal. | |
| State v. Muhammad (16-306 - Unpublished)
Motion to suppress; Preservation of issues; Constitutional objection; Ineffective assistance of counsel. | |
| State v. Oxner (16-859 - Unpublished)
Denial of motion to suppress; redacted search warrant application; lay opinion testimony on Defendant's guilt; hearsay evidence ABC permit database; plain error review; Rule 2. | |
| State v. Roa (16-769 - Unpublished)
Consolidation of offenses, N.C. Gen. Stat. Section 15A-1340.15(b); Clerical error in the judgment | |
| State v. Rojas (16-802 - Unpublished)
Traffic Stop; Dog Sniff. | |
| State v. Santana (16-691 - Unpublished)
Motion to Dismiss; Sufficient Evidence. | |
| State v. Saunders (16-825 - Unpublished)
Discharging a firearm into an occupied vehicle that is in operation, N.C. Gen. Stat. Section 14-34.1(b); Knowledge requirement. | |
| State v. Shepherd (16-935 - Unpublished)
Presentation of issue on appeal; Substantial Evidence. | |
| State v. Williams (16-855 - Unpublished)
Indictments | |
| State v. Williamson (16-820 - Unpublished)
Indecent liberties with a child; question from the jury; consent to supplemental jury instruction; deficient performance of counsel. | |
|
Filed: 21 February 2017 Mandate: 13 March 2017 Zip File of Published Opinions Case Title / Description | |
| Gurganus v. Gurganus (16-163 - Published)
summary judgment; equitable distribution; NCGS § 50-20.1; subject matter jurisdiction | |
| Hauser v. Hauser (16-606 - Published)
Tortious interference with an expected inheritance; constructive fraud; breach of fiduciary duty; demand for an accounting | |
| In re: J.T. (16-774 - Published)
Evidence required for permanency planning and termination of parental rights. | |
| Li v. Zhou (16-755 - Published)
Contempt Order; Attorney's Fees; Proper Purpose of Discovery. | |
| State v. China (16-721 - Published)
(View Supreme Court Opinion) Evidence of Restraint to Support Kidnapping Charge | |
| State v. Gullette (16-815 - Published)
Trial Court did no Violate a Statutory Mandate | |
| State v. Hyman (16-398 - Published)
(View Supreme Court Opinion) Conflict of interest; MAR; ineffective assistance of counsel | |
| Town of Belville v. Urb. Smart Growth, LLC (16-817 - Published)
Motion to Compel Arbitration, waiver, contractual rights | |
| Williams v. Rojano (16-6 - Published)
Statute of Limitations; Motion to Dismiss; Continuing Wrong Doctrine | |
| Unpublished Opinions 21 February 2017 - Rule 30e - Zip File of Unpublished Opinions Mandate: 13 March 2017 | |
| Bank of Ozarks v. Kings Mountain Props., LLC (16-739 - Unpublished)
Summary Judgment; Bankruptcy, Deed in lieu of foreclosure, accord and satisfaction release. | |
| Church v. Norelli (16-799 - Unpublished)
Claim for Defamation, Sufficiency of Complaint | |
| Huckabee v. Roberts (16-603 - Unpublished)
Appeal of criminal contempt order, attorney fee award | |
| In re B.W.S. (16-850 - Unpublished)
Termination of Parental Rights, Neglect, Best Interest of the Juveniles | |
| In re Foreclosure of Adams (16-653 - Unpublished)
Non-judicial foreclosure; proper service; status as holder of note | |
| In re O.J.W. (16-783 - Unpublished)
Whether termination of parental rights was in the best interest of juveniles; Consideration of any relevant factor under N.C. Gen. Stat. 7B-1110(a)(6) | |
| In re R.L.D. (16-821 - Unpublished)
Ineffective Assistance of Counsel; Termination of Parental Rights | |
| In re V.G. (16-733 - Unpublished)
Jurisdiction; Indian Child Welfare Act; Termination of parental rights; Neglect | |
| Kennedy v. Harris Teeter (16-727 - Unpublished)
maximum medical improvement; disability; Parson presumption | |
| Lynn v. Futrell (16-743 - Unpublished)
Child Custody; Substantial Change in Circumstances; Child's Best Interests | |
| Mastny v. Mastny (16-440 - Unpublished)
Custody modification; substantial change in circumstances; best interests | |
| Penninga v. Travis (16-751 - Unpublished)
Statutory findings required for attorney's fees in civil contempt action; impermissibly vague purge conditions in contempt order. | |
| State v. Baker (16-708 - Unpublished)
Removal of appointed counsel; joinder of offenses; admission of evidence under Rule 404(b) | |
| State v. Byrd (16-619 - Unpublished)
Fifth Amendment Right Against Self-Incrimination | |
| State v. Clay (16-564 - Unpublished)
Search & Seizure; Cell Phone; voluntary; suppress | |
| State v. Davis (16-288 - Unpublished)
expert testimony Rule 702; vouching for witness; mistrial | |
| State v. Higgins (16-404 - Unpublished)
Photographic Evidence; Jury Instructions; Plain Error | |
| State v. Hudson (16-431 - Unpublished)
Conflicting jury instruction, burden of proof | |
| State v. Hudson (16-571 - Unpublished)
Jury instructions, jury verdict | |
| State v. Lassiter (15-1216 - Unpublished)
Sufficiency of the Evidence; Embezzlement | |
| State v. Little (16-480 - Unpublished)
Motion for post conviction DNA testing | |
| State v. Mace (16-703 - Unpublished)
driving while impaired, denial of motion to suppress, clarifying jury instruction | |
| State v. Mack (16-561 - Unpublished)
| |
| State v. Modlin (16-634 - Unpublished)
Imposition of Satellite-Based Monitoring, Grady reasonableness hearing | |
| State v. Norris (16-683 - Unpublished)
Probation Revocation, Absconding, Clerical Errors in Judgments Revoking Probation | |
| State v. Pitt (16-709 - Unpublished)
Rule 404 Character Evidence; Confrontation Clause; Non-Testimonial Statement; Closing Argument | |
| State v. Stewart (16-347 - Unpublished)
Closing arguments | |
| Stowers v. Parker (16-747 - Unpublished)
Interlocutory appeal; Legal malpractice; Summary judgment. | |
| Wrightsville Health Holdings, LLC v. Buckner (16-726 - Unpublished)
Existence of contract; motion to dismiss | |
|
Filed: 7 February 2017 Mandate: 27 February 2017 Zip File of Published Opinions Case Title / Description | |
| Burns v. Kingdom Impact Global Ministries, Inc. (15-1313 - Published)
Quiet title action; Standing as trustees for a non-incorporated religious entity; Discovery sanctions | |
| Fagundes v. Ammons Dev. Grp., Inc. (16-776 - Published)
Exclusivity of Workers' Compensation Act; Court-Created Exceptions; Employment in an Ultrahazardous Activity | |
| Holmes v. Associated Pipe Line Contractors, Inc. (16-593 - Published)
N.C. Industrial Commission; Jurisdiction; Last Act Test; Drug Test | |
| In re: D.E.P. (16-838 - Published)
Juvenile delinquency disposition order - trial court not required to make findings that refer to all the factors listen in N.C.G.S. 7B-2501(c) | |
| In re: Collins (16-655 - Published)
Foreclosure by Power of Sale, N.C. Gen, Stat. 45-21.16, Affidavit Based on Personal Knowledge of Lender's Possession of Note, Lender was Successor by Merger to Holder of Note Secured by Deed of Trust at Issue, Lender was Holder of Note | |
| Jackson/Hill Aviation, Inc. v. Town of Ocean Isle Beach (16-396 - Published)
Rule 12(b)(6) Motion to Dismiss; Review Limited to Four Corners of Complaint; No Judicial Notice of Municipal Ordinances | |
| Perry v. Bank of Am., N.A. (16-234 - Published)
Declaratory Judgment Act; Actual Controversy; Discretion to Decline Request for Declaratory Judgment; Claim under N.C. Gen. Stat. § 45?36.9 | |
| Reed v. Carolina Holdings (15-1034 - Published)
Workers? Compensation; Attendant Care Compensation; Attorney?s fee awards; and Preservation of issues on appeal | |
| State v. Brody (16-336 - Published)
Search Warrant; Motion to Suppress; Sufficiency of Affidavit to Establish Probable Cause; Confidential Informant | |
| State v. Cholon (16-4 - Published)
Ineffective Assistance of Counsel; State v. Harbison; Motion for Appropriate Relief | |
| State v. Downey (16-302 - Published)
(View Supreme Court Opinion) Reasonable Suspicion to Extend Traffic Stop | |
| State v. Frazier (16-449 - Published)
Negligent child abuse, indictment amendment, substantial alteration | |
| State v. Glisson (16-426 - Published)
Sufficiency of the evidence; Global motion to dismiss for insufficiency of the evidence; and multiple conspiracy charges. | |
| State v. McLean (16-484 - Published)
vouching; hearsay; expert witness fees; robbery with a dangerous weapon; discharging a firearm witin an enclosure | |
| State v. Parisi (16-635 - Published)
DWI-implied consent offense; pre-trial motion to suppress; state's appeal; jurisdiction. | |
| State v. Rogers (16-48 - Published)
(View Supreme Court Opinion) Motion to dismiss; Plain error; Improper opinion; Testimony; Hearsay; Prior bad acts | |
| State v. Wilson-Angeles (16-677 - Published)
Rule 404(b) evidence to show intent; ineffective assistance of counsel; voluntary intoxication, N.C. Gen. Stat. Section 15-A-1340.16(a6)'s notice requirement | |
| T & A Amusements, LLC v. McCrory (16-161 - Published)
Motion to Dismiss; Sovereign Immunity; Waiver; Justiciable Controversy; Declaratory and Injunctive Relief | |
| Tropic Leisure Corp. v. Hailey (15-1254-2 - Published)
Full Faith and Credit; Uniform Enforcement of Foreign Judgment Act; Due Process; Opportunity to be Heard; Right to Appear with Counsel | |
| Unpublished Opinions 7 February 2017 - Rule 30e - Zip File of Unpublished Opinions Mandate: 27 February 2017 | |
| Abdin v. CCC-Boone, LLC (16-17 - Unpublished)
Expert testimony necessary to establish proximate cause; Summary judgment; Property damage; Flooding damage. | |
| Bizzarro v. Cty. of Ashe (16-211 - Unpublished)
jurisdiction; NCGS § 160A-393(c) | |
| Bruns v. Bryant (16-699 - Unpublished)
Jurisdiction; Third-party Claimants; Interlocutory Appeals. | |
| Cramer v. Perry (16-375 - Unpublished)
Notice of Appeal; Timeliness; Rule 3 of N.C. R. App. P. | |
| Dawkins v. Wilmington Tr. Co. (16-240 - Unpublished)
Interlocutory appeal; Collateral Estoppel; Foreclosure Proceeding | |
| Edwards v. Cole (16-395 - Unpublished)
Rule 58 Entry of Judgment - DVPO was not signed by trial judge and thus was not entered | |
| G.S.C. Holdings, LLC v. McCrory (16-160 - Unpublished)
Motion to Dismiss; Sovereign Immunity; Justiciable Controversy; Declaratory and Injunctive Relief | |
| In re C.A.W. (16-668 - Unpublished)
Termination of Parental Rights; Best Interests Analysis; Consideration of Alternative Placement Options | |
| In re D.A.W. (16-719 - Unpublished)
Termination of Parental Rights; Burden of Proof. | |
| In re E.C. (16-736 - Unpublished)
Guardianship; Language of Trial Court's Order | |
| In re Foreclosure of Iannucci (16-738 - Unpublished)
Non-judicial Foreclosure; Admissibility of Affidavit; Business Records Exception; Lost Note Statute | |
| In re H.S. (16-749 - Unpublished)
Writ of Certiorari; Reunification Efforts; Parent's Constitutional Status. | |
| In re J.H. (16-732 - Unpublished)
Termination of parental rights, lack of reasonable progress, compliance with case plan | |
| In re P.M. (16-775 - Unpublished)
Appeal from order adjudicating minor child as a neglected and dependent juvenile; setting conditions to be met prior to visitation by parent | |
| In re R.D. (16-660 - Unpublished)
Neglect of Juvenile; Abuse of Sibling. | |
| In re S.C.H. (16-790 - Unpublished)
Abuse and Neglect, Notice of Grounds for Adjudication | |
| In re T.Y. (16-623 - Unpublished)
Termination of parental rights; neglect | |
| In re Wadsworth (16-370 - Unpublished)
Guardianship | |
| In re Y.L.M.C. (16-662 - Unpublished)
Termination of parental rights, subject matter jurisdictions, findings of fact, lack of reasonable progress, language and cultural barriers | |
| In re Z.A.W. (16-833 - Unpublished)
Termination of Parental Rights | |
| Parker v. Colson (16-780 - Unpublished)
Rule 54(b) Certification; Interlocutory Order; Appellate Jurisdiction | |
| State v. Adams (16-397 - Unpublished)
Jury instruction; aggravating factor; plain error review. | |
| State v. Arnold (16-667 - Unpublished)
Sufficiency of the Indictment. | |
| State v. Brockington (16-516 - Unpublished)
Criminal Conspiracy; Restitution. | |
| State v. Cesnik (16-590 - Unpublished)
Mistrial, Cross-Examination. | |
| State v. Crowder (16-269 - Unpublished)
Sufficiency of Indictment; Obtaining Property by False Pretenses; Arresting Judgment; Larceny and Possession of a Stolen Vehicle; Remand for Resentencing | |
| State v. Hargett (16-452 - Unpublished)
Motion to Suppress; Late-Night Knock-and-Talk; Probable Cause; Exigent Circumstances | |
| State v. Rogers (16-15 - Unpublished)
Jury instructions; prejudicial error; and amended jury instruction. | |
| State v. Symmes (16-579 - Unpublished)
attempted murder; motion to dismiss; premeditation; deliberation | |
| State v. Thompson (16-459 - Unpublished)
officer's provision of lay opinion testimony, plain error, preserved error. | |
| State v. Weaver (16-378 - Unpublished)
Sixth Amendment; right to public trial; Sexual assault | |
| Terry v. State of N.C. (16-153 - Unpublished)
Vested Contractual Rights; State Troopers; Contracts Clause of U.S. Constitution; Law of the Land Clause | |
| Weston Medsurg Ctr., PLLC v. Blackwood (16-621 - Unpublished)
| |
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Filed: 17 January 2017 Mandate: 6 February 2017 Zip File of Published Opinions Case Title / Description | |
| Banks v. Hunter (16-666 - Published)
Subject matter jurisdiction; mortgage; promissory note default; deed of trust; foreclosure. | |
| Brookline Residential, LLC v. City of Charlotte (16-202 - Published)
Obligation of City to Call Infrastructure Bond; Declaratory and Injunctive Relief | |
| Edwards v. Edwards (16-346 - Published)
Equitable distribution, admissibility of ad valorem tax values to value real property in an equitable distribution. | |
| Mitchell v. Pruden (16-428 - Published)
public official immunity; 12(b)(6) motion to dismiss; interlocutory | |
| RME Mgmt., LLC v. Chapel H.O.M. Assocs., LLC (16-596 - Published)
Summary Ejectment Action, Summary Judgment, Real Property, Leases/Contracts, Property Taxes, Meaning of When Due as that phrase relates to lessee's obligation to pay property taxes on a leased premises | |
| S. Shores Realty Servs., Inc. v. Miller (16-557 - Published)
LLC - Piercing Corporate Veil | |
| Smith v. Polsky (16-605 - Published)
Voluntary Dismissal of Claims, Denial of Motion In Limine Based upon the defense of Res Judicata, Interlocutory Appeal | |
| State v. Burton (16-343 - Published)
Ineffective Assistance of Counsel; Ready Mobility of a Car; Incriminating Statements; Reading Warrant to Two Defendants | |
| State v. Evans (16-629 - Published)
Right to Speedy Trial | |
| State v. Greene (15-1060 - Published)
larceny from the person, motion to dismiss, conspiracy to possess stolen property, hearsay testimony, ineffective assistance of counsel, jury instructions, arrest judgment | |
| State v. Johnson (16-491 - Published)
(View Supreme Court Opinion) Miranda, Confession, Voluntary, Hope or Fear | |
| State v. Mobley (16-545 - Published)
Defendant's Competency to be Tried, Necessity for Evaluation | |
| State v. Silva (16-278 - Published)
NCGS § 15A-928C(c) - arraignment | |
| Tater Patch Est. Home Owner's Ass'n v. Sutton (16-787 - Published)
HOA, assessments, re-combined lots, lack of access | |
| Thompson v. Int'l Paper Co. (15-1383 - Published)
workers comp, attendant care services, prescribed by authorized health care provider | |
| Williams v. Advance Auto Parts, Inc. (16-625 - Published)
Amending Complaint; Adding New Defendant; Statute of Limitations. | |
| Unpublished Opinions 17 January 2017 - Rule 30e - Zip File of Unpublished Opinions Mandate: 6 February 2017 | |
| Almason v. Almason (16-258 - Unpublished)
Alimony; Equitable Distribution; Abuse of Discretion; Valuation of Divisible Property. | |
| Baker v. Gibbons (16-417 - Unpublished)
Summary Judgment, Negligence | |
| Brewington v. N.C. Agric. & Tech. State Univ. (15-1331 - Unpublished)
Unacceptable Personal Conduct; Dismissal of State Employee; Just Cause | |
| Goodyear Tire & Rubber Co. v. Berry (16-520 - Unpublished)
Occupational Safety & Health Review Commission; Statutory Interpretation. | |
| Hatton v. Garrett (15-1322 - Unpublished)
Motion to Modify Custody Order; Substantial Change in Circumstances; Attorney's Fees | |
| In re E.S.E. (16-616 - Unpublished)
Termination of Parental Rights. | |
| State v. Andrew (16-512 - Unpublished)
Robbery, possession of firearm, attorney?s fees | |
| State v. Esteban (16-716 - Unpublished)
failure to properly establish jurisdiction of the court from which appeal was taken in the record on appeal | |
| State v. Fiabema (16-560 - Unpublished)
Second degree kidnapping, probation violations, Anders review | |
| State v. James (16-314 - Unpublished)
robbery, possession of a firearm by a felon; ineffective assistance of counsel, request for substitute counsel denied by trial court | |
| State v. Kersey (16-654 - Unpublished)
request for substitute counsel at resentencing hearing | |
| State v. Lanham (16-387 - Unpublished)
Sex offender registry, failure to change address, living 1,000 ft. within school, plain error review | |
| State v. Miles (16-562 - Unpublished)
Second degree murder, driving while impaired, malice requirement, sentencing | |
| State v. Moss (16-665 - Unpublished)
felony breaking and entering, felony larceny; sufficiency of the evidence; jury instructions | |
| State v. Poteat (16-535 - Unpublished)
Drug trafficking offenses, habitual felon status, Anders review | |
| State v. Searls (16-676 - Unpublished)
carrying a concealed handgun, Anders v. California | |
| State v. Sutton (16-405 - Unpublished)
Motion to dismiss; Jury instructions; Motion for mistrial | |
| State v. Taylor (16-723 - Unpublished)
statutory enacting clauses and subject matter jurisdiction, indictments, calculation of prior record level, ineffective assistance of counsel, competence to stand trial | |
| State v. Williams (16-229 - Unpublished)
coercion, jury verdicts NCGS § 15A-1235(c); indictment; subject matter jurisdiction | |
| Thornton v. C & J Carriage House (16-538 - Unpublished)
Workers' Compensation, Additional Medical Treatment Related to an Original Compensable Injury, The Parsons Presumption, Request for Sanctions to be Imposed Pursuant to Rule 34 of the Rules of Appellate Procedure | |