Court of Appeals Slip Opinions
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Filed: 31 December 2020 Mandate: 20 January 2021 Zip File of Published Opinions Case Title / Description | |
| PF Dev. Grp., LLC v. Cty. of Harnett (19-534 - Published)
preemptive assessment of fees by county government, interlocal agreements, unconstitutional conditions doctrine and impact fees, Nollan/Dolan/Koontz, juicial notice of public documents, judgment on the pleadings | |
| Anderson Creek Partners, L.P. v. Cty. of Harnett (19-533 - Published)
Preemptive assessment of fees by county government, interlocal agreements, unconstitutional conditions doctrine and impact fees, Nollan/Dolan/ Koontz, judicial notice of public documents, judgment on the pleadings | |
| Benson v. Prevost (19-962 - Published)
Easement, Driveway, Boat Slip, Summary Judgment, Developers, Vehicles, Pure Race, Navigable Waters | |
| Bishop v. Bishop (19-600 - Published)
(View Supreme Court Opinion) child support, reasonable needs, standard of living | |
| Fund Holder Rep., LLC v. NC Dep't of State Treasurer (20-94 - Published)
(View Supreme Court Opinion) NC Gen. Stat. Section 116B-78; Escheated Funds; Statutory Interpretation by the Agency | |
| Hailey v. Tropic Leisure Corp. (19-908 - Published)
Section 1983; Under color of law; Jurisdiction to award attorney's fees after notice of appeal. | |
| In re: A.S. & A.C. (20-69 - Published)
Permanency Planning Order; Sufficiency of Findings of Fact | |
| In re: J.M. (20-153 - Published)
adjudication of neglect; role of judge on remand; Rule 63 | |
| M.E. v. T.J. (18-1045 - Published)
(View Supreme Court Opinion) Domestic Violence Protective Order; N.C. Gen. Stat. 50B-1(b)(6); As-applied constitutional challenge; LGBTQ+; Obergefell v. Hodges; Equal Protection Clause | |
| Madar v. Madar (20-28 - Published)
Dependent Spouse; Supporting Spouse; Child Support; Alimony | |
| Mills v. The Durham Bulls Baseball Club, Inc. (19-510 - Published)
The Baseball Rule, negligence, breach of duty to patrons, actual and proximate cause of injury | |
| Ponder v. Been (19-1021 - Published)
(View Supreme Court Opinion) Personal Jurisdiction; Long-arm Statute; Alienation of Affection. | |
| Semelka v. The Univ. of NC (19-1090 - Published)
legally proper venue motion to dismiss | |
| Semelka v. The Univ. of NC (19-1076 - Published)
Judicial review, UNC Board of Governors, termination of a tenured professor, misconduct | |
| State v. Anderson (19-841 - Published)
life sentence, parole, resentencing, de facto life sentence, life expectancy, concurrent, consecutive, motion for appropriate relief | |
| State v. Blake (19-1135 - Published)
structural error, reasonable doubt, role of jury, motion for appropriate relief | |
| State v. Bradsher (19-365 - Published)
motion to dismiss; sufficiency of the evidence; obtaining property by false pretenses; acting in concert; constructive presence; hearsay; preservation; error in jury instruction; specific misrepresentation alleged in indictment | |
| State v. Cobb (19-681 - Published)
(View Supreme Court Opinion) Fourth Amendment; motion to suppress evidence obtained during driving checkpoint; findings and conclusions required in support of trial court's denial of motion to suppress were deficient; appellate review of challenge to statutory procedure for checkpoints waived | |
| State v. Conner (19-1087 - Published)
(View Supreme Court Opinion) minor, life sentence, parole, consecutive sentences, satellite-based monitoring, Eighth Amendment | |
| State v. Harris (18-952-2 - Published)
Satellite-based monitoring, Grady, Evidence of efficacy | |
| State v. Humphreys (19-1051 - Published)
disorderly conduct; resisting a public officer; substantial interference with operation of a school; mere remonstration; willful and unlawful action | |
| State v. McCants (19-115 - Published)
Post-Release Supervision, Warrantless search, conditions, Fourth Amendment, Statutory Construction | |
| State v. Miller (19-1083 - Published)
Evidentiary challenge; plain error; expert testimony; Rule 702; harmless error; jury instruction on flight | |
| State v. Perez (19-1057 - Published)
petition for writ of certiorari, lifetime SBM, duplicative court costs | |
| State v. Robinson (19-1149 - Published)
Expert witness, vouching, truthfulness, satellite-based monitoring | |
| State v. Stephens (19-425 - Published)
Self defense instruction, initial aggressor, regain right to self-defense | |
| State v. Tripp (18-1286 - Published)
(View Supreme Court Opinion) constitutionality of warrantless search of an occupant of property for which a valid search warrant exists; the defendant did not qualify as an occupant because he did not pose a threat to safe execution of warrant; no reasonable suspicion supported warrantless frisk of the defendant for officer safety; inevitable discovery doctrine did not cure unlawful search and allow admission of seized evidence where the state failed to demonstrate arrest of defendant in the course of executing warrant was probable; correction of clerical errors in judgments was required where judgments did not reflect sentence rendered in open court | |
| Townes v. Portfolio Recovery Assocs., LLC (20-78 - Published)
Consumer Economic Protection Act of 2009; Statutory Interpretation; Unfair Practices; Debt Collection; Debt Buyers; Standing | |
| Walter v. Walter (20-154 - Published)
mutual mistake, reformation of deed, statute of limitations on challenge to transfer under power of attorney, post-judgment appeal of denial of motion for summary judgment | |
| Wright Constr. Servs., Inc. v. The Hard Art Studio, PLLC (19-1089 - Published)
Negligence claims by builder against architect or engineer; applicability of licensure defense, for failing to obtain general contracting license, to negligence claims against architects or engineers | |
| Unpublished Opinions 31 December 2020 - Rule 30e - Zip File of Unpublished Opinions Mandate: 20 January 2021 | |
| Alicea v. Vaughn (20-6 - Unpublished)
Civil no-contact order; Stalking; Intent. | |
| Anderson v. Mystic Lands, Inc. (19-801 - Unpublished)
contract interpretation, novation, defamation, unfair and deceptive trade practices | |
| Anderson v. Mystic Lands, Inc. (19-802 - Unpublished)
Post-judgment proceeding, motion for Specific Performance Bond | |
| Chisum Constr., LLC v. Elliot (20-223 - Unpublished)
real property, quitclaim deed, direct execution, judgment lien, uniform voidable transfers act, transfer | |
| Dep't of Transp. v. Canady (19-716 - Unpublished)
NCGS section 136-108 hearing, eminent domain, scope of easements, required findings | |
| Fuller v. Negron-Medina (19-492 - Unpublished)
res ipsa loquitor, common knowledge and experience, conflicting expert testimony | |
| Hope v. Integon Nat'l Ins. Co. (20-265 - Unpublished)
insurance, summary judgment, auto liability, breach of contract, claim, unfair trade practices | |
| Horner v. Horner (19-632 - Unpublished)
order on alimony, findings of marital misconduct, reasons for amount and duration of alimony | |
| In re C.S. (20-230 - Unpublished)
Juvenile Code; Abuse and Neglect; Continuance | |
| In re K.S. (20-271) Opinion not available | |
| In re S.L.N. (19-1131 - Unpublished)
permanency planning, reunification, guardianship | |
| In re Will of Sabol (20-72 - Unpublished)
Estate, Undue Influence, Testamentary Capacity | |
| Newton v. Newton (20-114 - Unpublished)
statute of limitations | |
| Penny v. Dilworth Ventures, LLC (20-68 - Unpublished)
interlocutory appeal, substantial right, inconsistent verdicts | |
| Providence Volunteer Fire Dep't, Inc. v. Town of Weddington (19-203 - Unpublished)
immunity, governmental immunity, sovereign immunity, town, fire department, interlocutory, substantial right, municipality, lease, firefighting services, fraud, contract | |
| Reynolds-Douglass v. Terhark (20-112 - Unpublished)
Breach of Contract, Summary Judgment, Attorney's Fees, Damages | |
| State v. Amore (20-373 - Unpublished)
Guilty Pleas; Factual basis to support applicable statutory sentence | |
| State v. Baker (19-466 - Unpublished)
motion to suppress; subaverage intellectual functioning; voluntariness of confession; Jury instruction | |
| State v. Clark (19-318 - Unpublished)
Satellite-based monitoring, Evidence of efficacy | |
| State v. Delau (19-1030 - Unpublished)
motion to suppress; invited error; lay witness opinion testimony | |
| State v. Elliott (20-18 - Unpublished)
Unanimous jury verdict, Jury instructions, Invited error | |
| State v. Fernandez (20-221 - Unpublished)
self defense, defense of habitation, jury instructions, immunity and criminal liability | |
| State v. Garner (20-290 - Unpublished)
Driving While Impaired, Motion to Dismiss, Testimonial Evidence | |
| State v. Inman (19-561 - Unpublished)
Hearsay, substantive evidence, corroborating evidence | |
| State v. Johnson (19-529-2 - Unpublished)
equal protection clause of the Fourteenth Amendment; discriminatory enforcement and application of law; burden on challenger of stop and search to establish violation on equal protection grounds; discriminatory intent can be established by statistics but benchmarks are required to show whether statistics prove discriminatory intent | |
| State v. Lake (19-938 - Unpublished)
amendment of misdemeanor citation, subject matter jurisdiction | |
| State v. McNeill (19-819 - Unpublished)
Motion to Suppress; Search Warrant; Affidavit; Probable Cause. | |
| State v. Nykamp (20-89 - Unpublished)
N.C. Gen. State 15A-1342(a4), conditional discharge, revocation of disharge, sufficient written findings of fact, willful failure to comply, probation term longer than presumptive | |
| State v. Owens (19-515 - Unpublished)
Jury instructions, lesser included offense, plain error | |
| State v. Pouncey (19-1024 - Unpublished)
petition for writ of certiorari; guilty plea; Anders brief; pro se brief | |
| State v. Tarrance (20-240 - Unpublished)
capacity to stand trial; N.C. Gen. Stat. 15A-1002; remand for competency hearing | |
| State v. Thomas (19-594 - Unpublished)
witness impeachment; prior inconsistent statements; issue preservation; invited error; doctrine of recent possession | |
| State v. Westbrook (18-32-2 - Unpublished)
| |
| State v. White (18-39-2 - Unpublished)
Satellite-Based Monitoring, Grady, Evidence of Efficacy | |
| State v. Whiting (19-1085 - Unpublished)
Batson hearing, closed courtroom, Rule 404(b) | |
| State v. Woolard (19-979 - Unpublished)
instructional error; motion to dismiss; restitution | |
| Taylor v. Bank of Am., N.A. (20-160 - Unpublished)
Motion to Dismiss, Summary Judgment, Statute of Limitations, Res Judicata, Collateral Estoppel, Motion to Amend | |
| West v. Williams Elec. Motor Repair, Inc. (19-760 - Unpublished)
motion to dismiss, negligence and NIED | |
| Williams v. McDonald (20-10 - Unpublished)
Rule 12(b)(6), motion to dismiss, absence of necessary facts, facts defeat the claim, qualified domestic relations orders, modification of order | |
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Filed: 15 December 2020 Mandate: 4 January 2021 Zip File of Published Opinions Case Title / Description | |
| Blue v. Thakurdeo Michael Bhiro, PA (20-159 - Published)
(View Supreme Court Opinion) Rule 12(b)(6); Rule 56; convert; matters outside the pleadings | |
| In re: A.J.L.H., C.A.L.W., M.J.L.H. (20-267 - Published)
Adjudication and disposition hearing; parental rights; care, custody and control; corporeal punishment; abuse and neglect; hearsay; lack of witness; other siblings neglected; denial of visitation and contact. | |
| In re: D.C. (20-235 - Published)
findings required to cease reunification efforts in a juvenile proceeding, N.C. Gen. Stat. ? 7B-911, N.C. Gen. Stat. ? 7B-906.2 | |
| In re: Q. M., Jr. (19-1133 - Published)
Adjudication of dependency; Adequacy of findings of fact; Notice of Appeal; Post-Petition evidence of paternity | |
| Keith v. Health-Pro Home Care Servs., Inc. (19-118 - Published)
(View Supreme Court Opinion) Negligent hiring, supervision, or retention; Ordinary common law negligence; Election of theory of the action; Jury instructions | |
| Mace v. Utley (19-726 - Published)
motion to compel depositions; Rule 30; protective order; summary judgment | |
| Maldjian v. Bloomquist (19-975 - Published)
judgment notwithstanding the verdict; reformation of deed; mutual mistake; negligence; motion in limine; exclusion of evidence | |
| McKenzie v. McKenzie (19-1116 - Published)
equitable distribution, account, passive increase, contempt order, civil contempt, purge, purge condition, sanctions, frivolous filings, attorneys? fees | |
| De Luca v. Stein (17-1374-2 - Published)
(View Supreme Court Opinion) Authority and roles of Attorney General; private settlement agreements; State treasury; authority over funds by executive officers; deposit and holding of State funds; NCGS 147-76. | |
| Osborne v. Redwood Mountain, LLC (20-186 - Published)
interlocutory jurisdiction; change of venue | |
| Sherrill v. Sherrill (19-429 - Published)
permanent custody, visitation, required findings, fit and proper person | |
| NC Dep't of Com., Bd. of Rev. v. Aces Up Expo Solutions, LLC (20-185 - Published)
Appeal from Department of Commerce Decisions under Chapter 96; Independent Contractor Status | |
| State v. Boykin (19-686 - Published)
motion to dismiss, jury instructions, felony speeding to elude arrest | |
| State v. Coffey (19-445 - Published)
Motion to Dismiss; Indecent Liberties with a Child; Statements for Medical Diagnosis or Treatment; Expert Witness Testimony; First Degree Kidnapping; Jury Instructions; Sexual Offense with a Child Prior Bad Acts; Cross Examination. | |
| State v. Dingess (20-188 - Published)
aggravating factors; notice; waiver; plea agreement | |
| State v. Falls (20-40 - Published)
permissible scope of knock and talk; officers lacked warrant or probable cause to conduct search and no exception to the Fourth Amendment's warrant requirement applied; application of exclusionary rule to fruits of the poisonous tree | |
| State v. Gettleman (19-1143 - Published)
acting as an unlicensed bondsman or runner; issue preservation; motions to dismiss; State v. Golder; failure to invoke plain error review | |
| State v. Jeminez (19-843 - Published)
undocumented immigrant; motion for appropriate relief; ineffective assistance of counsel; Padilla v. Kentucky; cancellation of removal; inadmissibility; removal; prior orders | |
| State v. Lynch (20-201 - Published)
criminal defendant?s right to counsel, right to conflict-free counsel, conflict of interest arising from defense counsel?s representation of municipal police department, trial court?s duty to inquire into defense counsel?s possible conflict of interest | |
| State v. Moore (20-16 - Published)
Franks hearing; false and misleading statements; bad faith; no probable cause to issue search warrant; | |
| State v. Osborne (18-9-2 - Published)
(View Supreme Court Opinion) Limited criminal immunity in drug overdose cases; subject matter jurisdiction vs. immunity from prosecution; waiver; plain error | |
| State v. Robinson (19-474 - Published)
(View Supreme Court Opinion) writ of certiorari; factual basis for guilty plea; multiple counts of assault | |
| State v. Tysinger (19-6 - Published)
Admissibility of evidence | |
| State v. Woods (19-985 - Published)
(View Supreme Court Opinion) Embezzlement, Jury Instructions | |
| The Umstead Coal. v. RDU Airport Auth. (20-129 - Published)
Legislative Grant of Authority by Charter; Open Meetings Law; Summary Judgment | |
| United Daughters Of The Confederacy, NC Div., Inc. v. City of Winston-Salem (19-947 - Published)
Rule 12(b)(1); Rule 12(b)(6); Standing; Declaratory Judgment. | |
| Unpublished Opinions 15 December 2020 - Rule 30e - Zip File of Unpublished Opinions Mandate: 4 January 2021 | |
| Angel v. Sandoval (20-236 - Unpublished)
Modification of child support; voluntary unemployment; imputation of income requires bad faith or deliberate income suppression | |
| Charzan v. N.C. Dep't of Pub. Safety (20-97 - Unpublished)
Deficient notice of appeal, dismissed | |
| Elite Guard, Inc. v. Veterans Alt., Inc. (19-1154 - Unpublished)
mutual asset required for formation of valid contract; absence of acceptance in conformity with terms of offer negated mutual assent required for valid contract | |
| Embery v. Goodyear Tire & Rubber Co. (19-782 - Unpublished)
Denial of worker's compensation benefits claim, North Carolina Industrial Commission, injury by accident, findings of fact justify conclusions of law | |
| In re A.H. (19-1115 - Unpublished)
Child Custody; Permanent Plan; Reunification; Findings of Fact; Visitation. | |
| In re A.O. (20-175 - Unpublished)
Permanency planning hearing; legal and physical custody; compliance with case plan; suspending visitation and contact. | |
| In re J.B. (20-25 - Unpublished)
adjudication of neglect, visitation | |
| In re K.A.W. (20-99 - Unpublished)
Child Custody; Visitation | |
| Schwarz v. Weber (19-1164 - Unpublished)
summary judgment, tortious interference with contract, employment, termination, doctor | |
| State v. Abdullah (19-867 - Unpublished)
plain error, jury instruction, knife, dangerous weapon | |
| State v. Allen (19-1004 - Unpublished)
Breaking or entering a motor vehicle | |
| State v. Bell (19-1147 - Unpublished)
possession of a firearm by a felon; self-defense | |
| State v. Bullock (20-187 - Unpublished)
child abduction, undisciplined status of a minor, motion to dismiss, sufficiency of the evidence | |
| State v. Campbell (19-1035 - Unpublished)
first-degree murder, arson, robbery with dangerous weapon, cruelty to animals, statements, recorded, hearsay, Rule 403, prejudicial, probative, testimony, statements against interest, common plan, prejudicial balancing, jury deliberations, juror misconduct, mistrial | |
| State v. Edwards (19-505 - Unpublished)
evidence, documents, admissible, authenticated, de novo, disclosed, abuse of discretion, public record | |
| State v. Foster (19-891 - Unpublished)
Alford plea, subject matter jurisdiction, motion to dismiss | |
| State v. Gilmore (20-288 - Unpublished)
common law robbery, motion to dismiss for insufficient evidence, jury instruction on lesser-included offense, petition for writ of certiorari, civil judgment for attorney's fees | |
| State v. Gonzalez (19-192 - Unpublished)
evidentiary errors, overwhelming evidence of guilt, motion for mistrial | |
| State v. Grimes (20-244 - Unpublished)
Armed robbery; kidnapping; sufficiency of evidence of separate removal; sufficiency of evidence of possession of firearms; notice of aggravating factor; clerical errors in judgment forms | |
| State v. Harris (19-1156 - Unpublished)
vouching, mistrial | |
| State v. Higgins (20-133 - Unpublished)
Ineffective Assistance of Counsel; Plain Error, Authentication of Evidence | |
| State v. Holden (19-830 - Unpublished)
Batson challenge; Batson hearing | |
| State v. Korschun (20-81 - Unpublished)
Stalking; Motion to dismiss. | |
| State v. Mills (20-84 - Unpublished)
Constructive possession of contraband, material change, authentication, chain of custody, motion to dismiss, sufficiency of evidence | |
| State v. Neal (20-134 - Unpublished)
Jury Instructions; Self-defense; Felony Murder; Excessive Force. | |
| State v. Peay (19-698 - Unpublished)
motion to suppress; traffic stop; motion to dismiss; constructive possession; jury instructions | |
| State v. Rice (19-1105 - Unpublished)
Robbery with a firearm; murder; assault with a deadly weapon; admission of firearm evidence; Rule 404(b); Rule 403; harmless error | |
| State v. Sharma (19-591 - Unpublished)
motion to suppress; indictments; superior court judges; charge conference; character evidence | |
| State v. Slade (19-969 - Unpublished)
Felony murder, discharging firearm into occupied dwelling, discharging firearm into occupied motor vehicle, fatal variance, arresting judgement on underlying felony charge, invoking right to remain silent, juvenile offenders | |
| State v. Stevenson (19-1096 - Unpublished)
Motion to dismiss; Statutory Interpretation. | |
| State v. Thomas (19-361 - Unpublished)
immunity | |
| State v. Woody (20-195 - Unpublished)
EIRA, No Contact Order, Restitution, Relevance | |
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Filed: 1 December 2020 Mandate: 21 December 2020 Zip File of Published Opinions Case Title / Description | |
| In re: K.S. (20-37 - Published)
termination of guardianship of juvenile following remand by this Court; issues include whether trial court proceeded in accordance with this Court's prior mandate and whether trial court could dismiss neglect petition (the Second Petition) via an order filed in a separate case involving another neglect petition concerning the same juvenile (First Petition) | |
| In re: Lennane (20-325 - Published)
(View Supreme Court Opinion) Unemployment Insurance Benefits | |
| In re: R.D.B. (19-1019 - Published)
minor guardianship; Rules of Evidence; Rule 1101 | |
| Peter Millar, LLC v. Shaw's Menswear, Inc. (19-1078 - Published)
Personal Jurisdiction, Interlocutory Order, Motion to Stay | |
| State v. Clemons (20-45 - Published)
authentication; Rule 901; social media; Facebook; standard of review | |
| State v. Dove (20-143 - Published)
acting in concert; lay-opinion testimony | |
| State v. Gamble (20-83 - Published)
sentencing, aggravating factor of taking property of great monetary value, N.C. Gen. Stat. § 1340.16(d)(14), Class C felony embezzlement of property received by virtue of office or employment, N.C. Gen. Stat. § 14-90(c) | |
| State v. Grady (19-1025 - Published)
Rule 404(b); Evidence not used to show propensity; Hearsay; Present Sense Impression; Sufficiency of evidence | |
| State v. Lopez (19-743 - Published)
Rule 401, Rule 403, motion to dismiss | |
| State v. Parker (18-1175 - Published)
sufficiency of the evidence; second-degree kidnapping; kidnapping by fraud; ineffective assistance of counsel | |
| State v. Wendorf (20-227 - Published)
criminal contempt; failure to appear can constitute interference with a court's lawful process and serve as basis for criminal contempt; jurisdiction to review plenary proceedings for criminal contempt appealed from district court to superior court; nature of de novo review of plenary proceedings of criminal contempt in superior court; notice required for plenary proceedings for criminal contempt and validity of show cause order to provide notice; erroneous failure to apply beyond a reasonable doubt standard of proof in plenary proceeding for criminal contempt in district court was not a jurisdictional defect; testimony by judicial official who presided over prior proceeding was permissible in subsequent proceeding before different judicial official on appeal from prior proceeding | |
| Ward v. Halprin (19-1065 - Published)
(View Supreme Court Opinion) Child Custody, Child Support, Attorney's Fees | |
| Unpublished Opinions 1 December 2020 - Rule 30e - Zip File of Unpublished Opinions Mandate: 21 December 2020 | |
| Hauser v. Brookview Women's Ctr., PLLC (19-1073 - Unpublished)
jury instruction, informed consent, n.c.gen.stat. 90-21.13(b), character evidence | |
| In re I.S.M. (20-1 - Unpublished)
permanency planning order, N.C.G.S. § 7B-906.2 | |
| In re J.S. (20-540 - Unpublished)
N.C. Gen. Stat. 7B-2502(c); violation of statutory mandate to order and consider a mental health evaluation before committing juvenile to youth development center; | |
| N.C. State Bar v. Erickson (20-245 - Unpublished)
attorney discipline; disbarment; substantial evidence; whole-record test | |
| Nowak v. Metro. Sewerage Dist. of Buncombe Cnty. (19-797 - Unpublished)
interlocutory appeal, substantial right, statutory privilege | |
| Price v. Boccardy (20-127 - Unpublished)
child custody; motion to set aside; excusable neglect | |
| Radiator Specialty Co. v. Arrowood Indem. Co. (19-507 - Unpublished)
Contracts; Mootness | |
| State v. Burleson (20-379 - Unpublished)
N.C. Gen. Stat. 15A-1344(f); error when trial court revoked probation and activated sentence without making requisite specific finding of good cause; | |
| State v. Chriscoe (20-63 - Unpublished)
AWDWISI, AWDWIKISI, assault with deadly weapon inflicting serious injury, assault with deadly weapon with intent to kill inflicting serious injury, discharging weapon into occupied property, testimony, expert testimony, lay opinion, bullet | |
| State v. Daniels (20-242 - Unpublished)
first-degree (felony) murder; assault with a deadly weapon; dying declaration exception to hearsay; fatal variance between indictment and evidence | |
| State v. Essary (19-917 - Unpublished)
motion to dismiss for insufficient evidence; petition for writ of certiorari, lifetime SBM | |
| State v. Garner (20-253 - Unpublished)
Larceny; possession of stolen property; sufficiency of evidence; ineffective assistance of counsel | |
| State v. Hargett (19-960 - Unpublished)
Doctrine of recent possession; Relevant evidence | |
| State v. Harris (19-1013 - Unpublished)
Fleeing to elude arrest; Anders no-merit brief; no response by defendant. | |
| State v. Haynes (20-21 - Unpublished)
Robbery with a dangerous weapon, continuous transaction, Motion to Dismiss, attorney's fees, civil judgment | |
| State v. Hinson (19-245 - Unpublished)
criminal contempt, written notice, right to counsel, motion to recuse presiding judge, new trial | |
| State v. Jenkins (20-90 - Unpublished)
Probation Revocation; Subject-Matter Jurisdiction; Clerical Errors | |
| State v. Lopez (19-823 - Unpublished)
headbutt, testimony, lay opinion testimony, assault on a law enforcement officer inflicting physical injury, plain error, intent, witness | |
| State v. McIntyre (19-407 - Unpublished)
breaking and entering, diminished capacity, reasonable doubt | |
| State v. McKinnie (19-1082 - Unpublished)
Expert opinion, Rule 702, latent fingerprinting, abuse of discretion | |
| State v. Parulski (19-673 - Unpublished)
Closing argument, ex mero motu, plain error, witness testimony, indictment, fatally defective, jury instructions, statutory rape | |
| State v. Sandy (19-918 - Unpublished)
joinder; transactional connection | |
| State v. Sapp (20-117 - Unpublished)
Closing arguments, Ineffective Assistance of Counsel | |
| State v. Shore (20-168 - Unpublished)
DWI; failure to provide adequate breath sample; motion to dismiss; sufficient evidence. | |
| State v. Urisini (19-1163 - Unpublished)
Probation; conditions of probation; violation and revocation; no contact orders; felony stalking; new crime; N.C. R. App. 13(a)(1); Order and response to COVID outbreak. | |
| State v. Vining (20-51 - Unpublished)
Anders; possession of marijuana with intent to sell; identification | |
| State v. Waterfield (19-813 - Unpublished)
Strict liability; regulatory offenses | |
| State v. Wood (20-222 - Unpublished)
motion to suppress; reasonable suspicion; traffic stop; appellate jurisdiction; attorney's fees; civil judgment | |
| Thompson v. Dep't of Transp. (19-72 - Unpublished)
n.c. gen stat. 136-44.50 - 44.54, Map Act, inverse condemnation and takings, jury instructions, tax reimbursements, interest calculations | |
| Williams v. Maryfield, Inc. (19-804 - Unpublished)
Medical malpractice; Wording error in Rule 9(j) certification; Motion to amend; Inability to engage in meaningful appellate review | |
|
Filed: 17 November 2020 Mandate: 7 December 2020 Zip File of Published Opinions Case Title / Description | |
| Dunbar v. ACME S. (19-1153 - Published)
worker's compensation; final payment; last payment; Section 97-18(h); Section 97-25.1; notice; estoppel; bad faith; good faith; due process; vested right | |
| Home Realty Co. & Ins. Agency, Inc. v. Red Fox Country Club Owners Ass'n, Inc. (20-125 - Published)
restrictive covenants extinguished by foreclosure; judgment on the pleadings; waiver of statutory notice of foreclosure; easement by estoppel not created by marketing materials | |
| In re. B.W., T.W., L.W. (19-1000 - Published)
Adjudication of abuse and neglect, NCGS 7B-101; no allegation of abuse (vacate); right to present a defense; quashed subpoena of testifying witness; residual exceptions to hearsay rule, Rules 803(24), 804(b)(5); excited utterance; findings of fact. | |
| In re: L.I.G. (19-1129 - Published)
motion to continue; reunification; permanency planning hearing; guardianship | |
| Quaicoe v. The Moses H. Cone Mem'l Hosp. Operating Corp. (20-233 - Published)
State Health Plan lien; Subject-matter jurisdiction | |
| Short v. CircusTrix Holdings, LLC (20-285 - Published)
Arbitration Agreements; Remand for Additional Findings of Fact. | |
| State v. Crooks (20-146 - Published)
Justification defense; present, imminent, and impending threat; civil judgment for attorneys' fees | |
| State v. Glenn (20-65 - Published)
sufficient evidence as to identity of the perpetrator; sufficient evidence as to conspiracy to commit robbery with a dangerous weapon; admissibility of victim's in-court identification; criminal defendant's right to cross-examination concerning a witness's pending civil lawsuit | |
| State v. McDaris (20-7 - Published)
N.C.G.S. 14-54(a1); first-degree burglary; underlying felony | |
| State v. Yelverton (19-1123 - Published)
Reasonable belief of consent; Ineffective assistance of counsel | |
| Unpublished Opinions 17 November 2020 - Rule 30e - Zip File of Unpublished Opinions Mandate: 7 December 2020 | |
| Battle v. O'Neal (19-1036 - Unpublished)
Summary ejection; landlord/tenant; motion to dismiss; unfair and deceptive trade acts or practices | |
| Bradley v. Bradley (20-48 - Unpublished)
child custody modification,substantial change in circumstances; findings of fact; decretal | |
| Chica v. Chica (19-856 - Unpublished)
Civil Contempt; Child Custody | |
| Gribble v. Madcat Enters., Inc. (19-1092 - Unpublished)
Arbitration; Subject Matter Jurisdiction | |
| McSwain v. Indus. Com. Sales & Serv., LLC (20-26 - Unpublished)
| |
| N.C. State Bar v. Phillips (19-1093 - Unpublished)
standing, conflict of interest, contempt, disbarment | |
| State v. Alston (20-141 - Unpublished)
petition for writ of certiorari; Anders brief | |
| State v. Anthony (18-1118-2 - Unpublished)
satellite based monitoring, remanded for reconsideration in light of State v. Grady III | |
| State v. Behar (19-1158 - Unpublished)
Motion for appropriate relief; right to counsel. | |
| State v. Brimmer (19-1103 - Unpublished)
Victim Impact Evidence, Satellite-based Monitoring, 404(b) Evidence. | |
| State v. Brown (19-983 - Unpublished)
AWDWIKISI, waiver, hearsay | |
| State v. Huntley (20-92 - Unpublished)
possession of a firearm by a felon; no error in denial of motion to dismiss; sufficient evidence of constructive possession of a firearm; incriminating circumstances established constructive possession | |
| State v. Matthews (19-1168 - Unpublished)
First-degree murder, felony murder, possession of a firearm by a felon, attempted robbery with a dangerous weapon, conspiracy to commit robbery, unindicted felonies, acts of extortion jury instructions, acting in concert. | |
| State v. Melton (20-257 - Unpublished)
Expert Vouching; Ineffective Assistance of Counsel | |
| State v. Rahman (19-928 - Unpublished)
Obtaining property by false pretenses; sufficiency of indictment; sufficiency of evidence | |
| State v. Redd (19-935 - Unpublished)
Motion to Suppress; Fourth Amendment; Terry Frisk; Detention. | |
| State v. Williams (20-209 - Unpublished)
Motion to Dismiss, Criminal Conspiracy, Insufficient Evidence, Agreement or Understanding | |
| State v. Willis (20-260 - Unpublished)
attorney fees, notice, opportunity to be heard | |
| State v. Wright (20-272 - Unpublished)
Prior record level; Resentencing | |
| Taylor v. Vaughan (19-886 - Unpublished)
summary judgment, will and codicil interpretation, testator's intent, public policy | |
|
Filed: 3 November 2020 Mandate: 23 November 2020 Zip File of Published Opinions Case Title / Description | |
| Green v. Howell (20-204 - Published)
public official immunity; sufficiency of the complaint; malice or corruption | |
| Krishnan v. NC Dep't of Health & Hum. Servs. (20-107 - Published)
State employee grievance; administrative law; time period to petition for contested case | |
| Mitchell v. Boswell (19-1077 - Published)
motion to enforce settlement agreement; N.C.G.S. 7A-38.1(l); statute of frauds; authorized agent; signed by parties | |
| NC Dep't of State Treasurer v. Riddick (20-224 - Published)
Public employees retirement system; N.C. Gen. Stat. sections 128 and 161; non-accrual of benefits after criminal conduct; conversion of sick leave; U.S. Const. art. I, sec. 10; N.C. Const. art. I., sec. 19 and 27. | |
| Pounds v. Portfolio Recovery Assocs., LLC (19-925 - Published)
Motion to Compel Arbitration; Assignment; Credit Card Agreement | |
| State v. Bowman (20-237 - Published)
Defendant waived his right to counsel. | |
| State v. Doss (20-43 - Published)
Surety, Bonds | |
| State v. McGaha (19-1108 - Published)
driving while impaired; failure to preserve objection to ruling on pre-trial motion to suppress evidence; waiver of statutory notice requirement of State's intent to prove aggravating factor | |
| State v. Ray (20-132 - Published)
sentencing based on convictions of insurance fraud and obtaining property by false pretenses; completion deadline for active sentence as condition of special probation | |
| Unpublished Opinions 3 November 2020 - Rule 30e - Zip File of Unpublished Opinions Mandate: 23 November 2020 | |
| In re L.J.B. (19-1130 - Unpublished)
neglect, dependency, juvenile, findings, childcare, adjudication, disposition | |
| Justice v. Deacon Jones Auto. of Clinton, LLC (20-76 - Unpublished)
motion to set aside default judgment; interlocutory appeal; substantial right | |
| Larue v. Larue (20-277 - Unpublished)
child custody; no substantial changes of circumstances affecting welfare of minor child | |
| Reece v. Holt (19-986 - Unpublished)
Chapter 50 - custody, home state Chapter 50B - domestic violence | |
| Richardson v. N.C. State Bureau of Investigation (18-765 - Unpublished)
Administrative Law; Discipline; Just Cause. | |
| Spector v. Portfolio Recovery Assocs., LLC (20-13 - Unpublished)
Motion to Compel Arbitration; Assignment; Credit Card Agreement | |
| State v. Alston (19-346 - Unpublished)
Indictment, Motion to Amend, Substantial Alteration, Prejudice | |
| State v. Barber (20-234 - Unpublished)
ineffective assistance of counsel claim; appeal of denial of MTD heroin trafficking charge for insufficient evidence | |
| State v. Borum (19-1022 - Unpublished)
Second-degree murder; malice theories; Class B1 or B2 felony; motion to strike supplement to record, motion to suppress, resentencing. | |
| State v. Broom (19-888 - Unpublished)
nondisclosure of confidential informant | |
| State v. Bueno (19-1144 - Unpublished)
indictment, alternative theories of guilt, essential elements, jury instructions, fatal variance, abstract theory of guilt, particularity | |
| State v. Butler (19-939 - Unpublished)
communicating threats, conditional threat, lawful authority | |
| State v. Cromartie (20-96 - Unpublished)
jury venire composition; showing required to establish unrepresentative venire; timeliness of motion to quash jury venire; renewal of motions and objections denied outside the presence of the jury to preserve issues for appellate review | |
| State v. Dancy (20-70 - Unpublished)
appeal of MTD for insufficient evidence regarding premeditation and felony murder; issue regarding jury charge on continuous transaction doctrine; and challenge to admissibility of gang-related evidence, or, alternative, ineffective assistance of counsel for failure to object to same | |
| State v. Del Castillo Caicedo (19-643 - Unpublished)
subject-matter jurisdiction; motion to suppress; consent | |
| State v. Dotson (19-1003 - Unpublished)
Possession of a Firearm by a Felon, Maintain Dwelling, Keep or Sell Controlled Substance. | |
| State v. Johnson (20-116 - Unpublished)
uncontested issue on appeal is the assessment of duplicative court costs in two judgments consolidating multiple criminal convictions that arose from same underlying events | |
| State v. Leckner (19-1109 - Unpublished)
Jury Instructions; Sentencing | |
| State v. Mathis (19-1062 - Unpublished)
improper judicial comment on evidence; ineffective assistance of counsel | |
| State v. McPeters (19-687 - Unpublished)
Obtaining Property by False Pretenses, Jury Instructions, Indictment | |
| State v. Price (20-98 - Unpublished)
Indecent exposure to child in private; motion for appropriate relief; guilty plea to charge under criminal statute not in effect at time of alleged offense; acts alleged did not constitute violation of criminal law at time committed; conviction in violation of constitutional rights | |
| State v. Smith (20-226 - Unpublished)
Trafficking in opioids; obtaining a controlled substance by fraud; plain error; jury instruction; ultimate user. | |
| State v. Whisnant (20-66 - Unpublished)
Rape of a child; plain error; challenge to testimony as vouching for credibility of child victim; satellite-based monitoring order; no evidence of reasonableness of monitoring upon defendant's eventual release from prison | |
| State v. White (20-189 - Unpublished)
Indictments. | |
| Sun v. McDonald (19-1068 - Unpublished)
Appellate jurisdiction; burden of appellant to produce record to establish jurisdiction; requirement of timely notice of appeal | |
|
Filed: 20 October 2020 Mandate: 9 November 2020 Zip File of Published Opinions Case Title / Description | |
| Estes v. Battiston (19-699 - Published)
Interlocutory Appeal; Substantial Right | |
| In re N.K. & D.K. (19-1027 - Published)
Adjudication; Neglect; Disposition; Visitation | |
| Parker v. Pfeffer (19-1151 - Published)
Personal Jurisdiction, Long arm statute, Service | |
| Stahl v. Bowden (20-111 - Published)
interlocutory jurisdiction; statutory immunity; 911 telecommunicator | |
| State v. Alexander (19-847 - Published)
Jury Selection; Batson Challenges; Assessment of Court Costs | |
| State v. Dalton (20-248 - Published)
texting while driving case; issues including whether police had reasonable suspicion to pull over vehicle and whether trial judge correctly computed defendant's sentence | |
| State v. Dilworth (20-179 - Published)
Jury instruction; Defense of habitation; No error | |
| State v. Farook (19-444 - Published)
(View Supreme Court Opinion) 6th Amendment violation; speedy trial | |
| State v. Nunez (19-1169 - Published)
Fourth Amendment, Blue Lights, Disabled vehicle | |
| State v. Quick (19-1023 - Published)
Right to Speedy Appeal | |
| State v. Reid (19-205 - Published)
(View Supreme Court Opinion) MAR, Newly Discovered Evidence, Abuse of Discretion | |
| State v. Waterfield (19-427 - Published)
strict liability, fishing, commercial fisherman, marine fisheries, criminal intent, public welfare, willfulness | |
| Wing v. Goldman Sachs Tr. Co., N.A. (19-1007 - Published)
Wills and trusts; interlocutory appeal; substantial right; trustee distributions; pending litigation; contested beneficiaries; risk of inconsistent verdicts; attorney's fees. | |
| Unpublished Opinions 20 October 2020 - Rule 30e - Zip File of Unpublished Opinions Mandate: 9 November 2020 | |
| Belnap v. Shallcross (20-266 - Unpublished)
Estate distribution modification - Clerk of Court findings of fact and conclusions of law; whole record test | |
| Kirby v. Mission Hosp., Inc. (19-525 - Unpublished)
Ongoing Disability; Temporary Total disability Benefits. | |
| State v. Battle (19-677 - Unpublished)
Rule 2, SBM, Grady hearing | |
| State v. Bryant (20-14 - Unpublished)
adequacy of indictment/charging document; denial of defendant's MTDs charges of failure to maintain lane control and resisting arrest; lawfulness of trial court's imposition of supervised probation sentence in excess of statutory maximum | |
| State v. Cooper (18-637-2 - Unpublished)
Satellite-based monitoring; State's burden to show reasonableness under Fourth Amendment | |
| State v. Ellis (19-820 - Unpublished)
preservation of constitutional issues; evidence of similar crime; Rule 404(b); Rule 403; limiting instruction | |
| State v. Farrior (19-1137 - Unpublished)
colloquy required when defendant pleas guilty to habitual felon status | |
| State v. Gonzalez (20-120 - Unpublished)
ineffective assistance of counsel; mitigating factors; limited mental capacity; | |
| State v. Muhammad (19-590 - Unpublished)
First degree murder; felony murder; acting in concert; involuntary confession; self defense | |
| State v. Parker (19-719 - Unpublished)
Admission of Evidence; Rule 403; Cross-Examination | |
| State v. Pruitt (19-694 - Unpublished)
Habitual Felon Status. | |
| State v. Sutherland (19-637 - Unpublished)
Closing Argument; Permissible Scope; Objection. | |
| State v. Walker (20-35 - Unpublished)
first-degree murder, second-degree murder, discharging weapon into occupied dwelling, false testimony, motion for appropriate relief, indictment, jury instructions | |
|
Filed: 6 October 2020 Mandate: 26 October 2020 Zip File of Published Opinions Case Title / Description | |
| Cunningham v. The Goodyear Tire & Rubber Co. (19-909 - Published)
(View Supreme Court Opinion) worker's compensation; statute of limitations; relatedness of medical compensation to compensable injury | |
| Gibson v. Lopez (20-151 - Published)
domestic violence protection orders (DVPOs); in loco parentis status of stepparents who seek DVPOs against children under 16 | |
| In re: A.L.B. (20-44 - Published)
uvenile delinquency and disposition; mental health; N.C. Gen. Stat. s. 7B-2502(c) | |
| In re: Cracker (20-4 - Published)
implied waiver of spousal elective share; admission of testimony in probate proceeding in superior court; N.C. Gen. Stat. ? 30-3.1; N.C. Gen. Stat. ? 30-3.6; N.C. Gen. Stat. ? 1 301.3(d) | |
| Jordao v. Jordao (19-858 - Published)
child custody; international; undocumented immigrant; visitation; N.C.G.S. 50-13.2 | |
| McDonald v. Saini (19-1107 - Published)
Summary Judgment; Medical Malpractice; Proximate Causation | |
| State v. Austin (19-1110 - Published)
(View Supreme Court Opinion) Jury Instruction; Improper Expression of Opinion | |
| State v. Baungartner (20-95 - Published)
Error Preservation; Civil Judgment for Criminal Attorneys' Fees. | |
| State v. Carey (18-1233-2 - Published)
(View Supreme Court Opinion) Remand for additional issues; jury instruction; plain error; Rule 2; exemption from statute; prejudice for new trial. | |
| State v. French (19-968 - Published)
Kidnapping; specific intent; possession of stolen property | |
| State v. Joiner (19-1112 - Published)
State's MAR after notice of appeal; duplicative larceny charges; clerical error on judgment; habitual breaking and entering status. | |
| State v. Kelliher (19-530 - Published)
(View Supreme Court Opinion) Eighth Amendment, N.C. Const. Art. 1, Sec. 27, cruel and/or unusual punishment; life without parole; juvenile offenders; homicide; Miller v. Alabama | |
| State v. Pabon (19-741 - Published)
(View Supreme Court Opinion) Motion to Dismiss, Plain error, Jury instructions, SBM, 404(b), expert testimony | |
| State v. Strudwick (18-794-2 - Published)
satellite based monitoring, remanded for reconsideration in light of State v. Grady III | |
| State v. Thompson (19-1099 - Published)
Sex offenses; constitutionality of lifetime and 10 year satellite-based monitoring order; admission of PTSD diagnosis without limiting instruction. | |
| State v. Turner (19-897 - Published)
Expert testimony; experimental evidence; common law evidence test merged into Rule 702 reliability test | |
| Unpublished Opinions 6 October 2020 - Rule 30e - Zip File of Unpublished Opinions Mandate: 26 October 2020 | |
| Archie v. Jennette (20-3 - Unpublished)
Appellate jurisdiction; interlocutory appeal; no showing of substantial right | |
| Bebeau v. Woodman (20-279 - Unpublished)
trial court correctly granted SJ in favor of defendants on plaintiff's fraudulent transfer claim | |
| Gibbs v. Roca's Welding, LLC (20-121 - Unpublished)
Workers compensation; point of maximum medical improvement; credibility of witness testimony; disability rating; treating physician | |
| In re Shea Woodlands, LLC (19-809 - Unpublished)
property tax commission; builder's exemption; ownership; land installment contract; N.C.G.S. 105.282.1(b); N.C.G.S. 105-277.02 | |
| Johnson v. Friesen (20-67 - Unpublished)
abuse of process; malicious prosecution; summary judgment; judgment on the pleadings; claim first raised on appeal | |
| Odom v. No. 8 Ent., LLC (20-169 - Unpublished)
Negligence, Summary Judgment, Open and Obvious, Contributory Negligence | |
| Rozumiei v. Uhnyuk (19-1066 - Unpublished)
Foreign-Country Money Judgment, Motion to Recognize | |
| Sealey v. Farmin' Brands, LLC (19-583 - Unpublished)
summary judgment; contributory negligence; reasonably prudent person | |
| State v. Bank (19-934 - Unpublished)
Motion to Dismiss; Jury Instructions; Plain Error; Doctrine of Recent Possession; Felonious Possession of Stolen Goods; Lesser-included Offense; and Restitution. | |
| State v. Bolton (19-1145 - Unpublished)
Motion to dismiss for insufficient evidence; admission of photographs and telephone recording; Rule 403; Rule 901 | |
| State v. Cooley (19-1141 - Unpublished)
Kidnapping; disjunctive instructions, prior convictions | |
| State v. Ennis (19-896 - Unpublished)
reference to complainant as the victim, Rule 2, SBM | |
| State v. Fair (20-103 - Unpublished)
petition for writ of certiorari; postconviction DNA testing | |
| State v. Jackson (19-952 - Unpublished)
writ of certiorari, appeal from guilty plea, clerical error | |
| State v. Lucas (19-936 - Unpublished)
State's evidence used to show aggravating factor at sentencing was also used to prove substantive offense of second-degree murder | |
| State v. Martinez (19-746 - Unpublished)
driving while impaired; alcohol concentration after stop and arrest; evidence of destination not plain error | |
| State v. McLymore (20-119 - Unpublished)
Confrontation Clause; Issue Preservation; Plain Error | |
| State v. Meeks (19-1117 - Unpublished)
Probation revocation; absconding; uncertain clerical error | |
| State v. Moser (19-1014 - Unpublished)
PWC, Probation revocation, IAC | |
| State v. Razzak (20-157 - Unpublished)
Motion to dismiss for insufficient evidence; statutory sexual offense. | |
| State v. Ruffin (19-54 - Unpublished)
speedy trial; improper opinion; jury instruction; evidentiary hearing | |
| State v. Schmidt (19-1159 - Unpublished)
Motion to Suppress, Eyewitness Identification, Jury Instruction, Exclusion of Evidence, Hearsay, closing Arguments, Cumulative Error | |
| State v. Shane-Hill (19-812 - Unpublished)
first-degree rape; aggravating factor; prior record level calculation | |
| State v. Smith (19-1091 - Unpublished)
ineffective assistance of counsel; motion for appropriate relief; sufficient evidence of constructive possession of controlled substances; corroboration of testimony; no plain error in admitting information received from informant | |
| State v. Stephenson (20-41 - Unpublished)
availability of self-defense instruction to predicate felony under felony murder rule; ineffective assistance of counsel | |
| State v. Wells (20-59 - Unpublished)
Search warrant; Probable cause; Totality of the circumstances | |
| State v. Wilson (19-749 - Unpublished)
Gang Affiliation, Limiting Instruction, Unpreserved Error, Cumulative Error | |
| Wright v. Wright (19-1166 - Unpublished)
child custody | |
|
Filed: 15 September 2020 Mandate: 5 October 2020 Zip File of Published Opinions Case Title / Description | |
| Brown v. Between Dandelions, Inc. (19-1074 - Published)
contracts; offer and acceptance; acceptance must conform to offer to be effective; no contract existed where neither acceptance or performance conformed to offer | |
| Crosland v. Patrick (19-713 - Published)
Dead Man's Statute; prior to Uniform Premarital Agreement; statute of limitations | |
| In re: C.M., K.S., J.S., M.A.S., K.S. (19-966 - Published)
(View Supreme Court Opinion) Juvenile Petition, Permanency Planning, Findings of Fact, Statutory Requirements, Visitation | |
| McLean v. Spaulding (20-36 - Published)
Joint tenants with right of survivorship; broker-dealer/investment advisor; joint ownership of securities, NCGS 41-2.2; banking institution, NCGS 41-2.1(e)(2); deposit account, NCGS 41-2.1; motion to dismiss; appellate rule 28-arugment not timely raised. | |
| MetLife Grp., Inc. v. Scholten (20-128 - Published)
inherent authority to compel compliance with court orders; Workplace Violence Prevention Act; civil contempt | |
| NC State Conf. Of The Nat'l Ass'n For The Advancement Of Colored People v. Moore (19-384 - Published)
constitutional amendment, General Assembly, ratify, district, gerrymandering, voter ID, photo ID, minority, majority-minority district, representative, special election, legislature | |
| State v. Gleason (20-80 - Published)
ineffective assistance of counsel; failure to object to lack of notice of aggravating factor; N.C. Gen. Stat. 15A-1340.16 | |
| Unpublished Opinions 15 September 2020 - Rule 30e - Zip File of Unpublished Opinions Mandate: 5 October 2020 | |
| Hubert Constr. & Real Est. Servs., LLC v. Myers (19-753 - Unpublished)
Personal Jurisdiction; Remand for additional Findings of Fact | |
| L. Offs. of Matthew K. Rogers, PLLC v. Fisher (19-475 - Unpublished)
motion to dimiss; sufficiency of the evidence; tortious interference with contract; tortious interference with prospective economic advantage; abuse of process | |
| Rothfuss v. Lineberry (19-773 - Unpublished)
attorney fees; custody and child support; good faith; civil contempt resolved by agreement | |
| Saunders v. Hull Prop. Grp., LLC (19-728 - Unpublished)
request for comparative negligence, contributory negligence, trip and fall | |
| Snell v. Snell (19-946 - Unpublished)
Award of attorneys' fees under N.C. Gen. Stat. ? 6-21.5; justiciable issue of law or fact; good faith argument for modification or extension of existing law | |
| State v. Barrow (20-220 - Unpublished)
motion to withdraw guilty plea | |
| State v. Batts (19-1100 - Unpublished)
Attempted first-degree forcible rape, Attempted statutory sexual offense with a child, Testimonial Evidence | |
| State v. Cain (19-1095 - Unpublished)
sale of cocaine; sufficiency of evidence to support submission to jury where amount tendered was less than negotiated | |
| State v. Davis (19-546 - Unpublished)
jury instructions lesser-included offense, murder, manslaughter, prior record level, out-of-state offenses, prejudicial error | |
| State v. Jimmison (19-982 - Unpublished)
Probation revocation; credit for pretrial confinement; sentence completed; moot appeal | |
| State v. McHenry (19-628 - Unpublished)
opinion testimony, Rule 701, legal term of art | |
| State v. Mwangi (19-798 - Unpublished)
Bail bond forfeiture; bound by precedent | |
| State v. O'Dell (20-126 - Unpublished)
sentencing; positive employment history; second degree murder; breaking and entering; domestic relationship; mitigating factors; military discharge | |
| State v. Ownby (19-1139 - Unpublished)
Second Degree Sexual Exploitation of a Minor, Motion to Dismiss, Testimonial Evidence | |
| State v. Reid (19-1113 - Unpublished)
indigent defendant's notice and opportunity to be heard on attorney's fees issue | |
| State v. Rivera (19-592 - Unpublished)
Motion to Continue | |
| State v. Sikorski (19-1098 - Unpublished)
destruction of body-worn camera footage was not in bad faith and did not violate due process | |
| State v. Stokely (19-1111 - Unpublished)
writ of certiorari; special conditions of probation | |
| State v. Suarez (19-1029 - Unpublished)
Prior record level, Sentencing | |
|
Filed: 1 September 2020 Mandate: 21 September 2020 Zip File of Published Opinions Case Title / Description | |
| D C Custom Freight, LLC v. Tammy A. Ross & Assocs., Inc. (19-1059 - Published)
Unfair and deceptive trade practices Insurance Misrepresentation Summary Judgment | |
| Halili v. Ramnishta (19-869 - Published)
UCCJEA; Home-State Determination; Inconvenient Forum | |
| Holland v. French (19-498 - Published)
Rule 407; impeachment exception; Rule 401; probative value | |
| In re: J.M., D.M., K.M. (19-724 - Published)
waiver of counsel, guardianship, N.C. Gen. Stat. 7b-602(a1), discretion over parent's visitation | |
| In re V.M. (19-1028 - Published)
Neglected Juvenile, Findings of Fact, Conclusions of Law | |
| Jackson v. Jackson (19-259 - Published)
erroneous order; Rule 60(b) | |
| K2 Asia Ventures v. Krispy Kreme Doughnut Corp. (19-314 - Published)
Contracts, real party in interest. | |
| Sauls v. Barbour (19-1042 - Published)
appurtenant easement; easement by plat; judgment on the pleadings; submission of affidavits did not convert 12(c) to 56 | |
| State v. Crump (19-747 - Published)
motion for mistrial; curative jury instruction; counsel admission of element of the crime charged | |
| State v. Hood (19-736 - Published)
jury selection; Batson challenge | |
| State v. Johnson (19-191-2 - Published)
Diminished capacity; bipolar disorder; jailhouse calls; rebuttal evidence; felony murder; armed robbery; psychological evaluation | |
| State v. Land (19-1060 - Published)
Statutory Right to Counsel; Summary Direct Criminal Contempt; Clerical Error; Sentencing Error | |
| State v. Roulhac (19-1070 - Published)
bail bond forfeiture; final judgment | |
| Unifund CCR Partners v. Hoke (20-87 - Published)
consumer economic protection act, debt buyer, heightened pleading, collection agency | |
| Unpublished Opinions 1 September 2020 - Rule 30e - Zip File of Unpublished Opinions Mandate: 21 September 2020 | |
| First Bank v. Latell (19-868 - Unpublished)
Summary Judgment; Statutes of Limitations; Suretyship; Waiver of Defenses by Agreement | |
| Gamewell Mech, LLC v. Lend Lease (US) Constr., Inc. (19-568 - Unpublished)
Contracts; damages. | |
| Gilbert v. Brandco, Inc. (19-672 - Unpublished)
Compensable injury, equitable estoppel, Parsons presumption, disability. | |
| Hopkins v. Hopkins (19-839 - Unpublished)
Interlocutory Order; Appeal Dismissed | |
| In re R.H. (20-64 - Unpublished)
Involuntary commitment hearing; petitioner's burden of proof; dangerous to self, NCGS 122C-3(11)(a); near future serious physical debilitation. | |
| N.C. State Bar v. Springs (19-1120 - Unpublished)
attorney discipline - conduct prejudicial to administration of justice under Rule 8.4(d); violation of obligation under Rule 3.4(c); first amendment rights of an attorney | |
| Ray v. Ray (19-959 - Unpublished)
Divorce, equitable distribution, alimony, attorney?s fees. | |
| Robinson v. Robinson (20-5 - Unpublished)
Civil Contempt; Purge Provisions | |
| State v. Barbosa (19-1104 - Unpublished)
Bond Forfeiture, motion to amend, motion to set aside forfeiture, N.C. Gen. Stat. § 15A-544.5, abuse of discretion | |
| State v. Baskins (19-371 - Unpublished)
Ineffective assistance; questions of trial strategy; unsuited for direct appellate review | |
| State v. Brown (19-971 - Unpublished)
Probation Revocation | |
| State v. Kim (20-54 - Unpublished)
DWI; probable cause, sufficiency of evidence | |
| State v. Mathes (19-621 - Unpublished)
Search and Seizure; Motion to Suppress; Attorney Fees. | |
| State v. Rogers (19-557 - Unpublished)
misdemeanor larceny; church; pastor; owner; property; fatal variance; insufficient evidence; surplusage; possession; carrying away | |
|
Filed: 18 August 2020 Mandate: 8 September 2020 Zip File of Published Opinions Case Title / Description | |
| The Broad Street Clinic Found. v. Weeks (19-1033 - Published)
Rule 12 motion to dismiss; N.C. Gen. Stat. Chapter 39A; transfer fee covenant; equitable relief | |
| Doe v. City of Charlotte (19-497 - Published)
Appellate jurisdiction defects; Untimely appeal; Rule 59(e) inapplicable to pre-trial orders; Stand-alone Rule 54(b) certifications not permitted; Inadequate statement of grounds for appellate review; Certiorari; Public official immunity; Sufficient evidence of malice to survive summary judgment | |
| Hendrix v. Town of West Jefferson (19-948 - Published)
Rule 12(b)(6)motion to dismiss; Defamation; Respondeat superior; Ratification | |
| In re: I.K. (19-619 - Published)
(View Supreme Court Opinion) Permanency Planning: Due Process Clause and parental rights, NCGS s.s. 7B-905.1, 906.1, 906.2, Visitation orders | |
| In re: J.T.C. (19-252 - Published)
(View Supreme Court Opinion) Child custody - termination of parental rights under N.C.G.S. 7B-1111(a) | |
| Jonna v. Yaramada (18-1046 - Published)
child support; child custody; Rule 11 sanctions; Rule 59 motions | |
| McFadyen v. New Hanover Cty. (18-840 - Published)
void ab initio; county director of elections; failure to exhaust administrative and judicial review; N.C.G.S. 163-22(l) | |
| Nay v. Cornerstone Staffing Solutions (19-262 - Published)
(View Supreme Court Opinion) average weekly wages; indefinite employment end date; results fair and just | |
| State v. Jenkins (19-944 - Published)
N.C.G.S. 15A-1242; proof of service; notice of appeal | |
| State v. Lemus (19-876 - Published)
Bail bond forfeiture; undocumented immigrant held on federal immigration charges after posting bond; statutory precondition of release from State custody in order to forfeit bail bond | |
| State v. Lindquist (19-368 - Published)
satellite-based monitoring; State v. Grady; remand for additional findings of fact | |
| State v. Palmer (19-970 - Published)
special jury instruction; burden of proof; statutory exception | |
| State v. Tucker (19-715 - Published)
(View Supreme Court Opinion) Motion to Dismiss, Domestic Violence Protective Order, Jury Instructions, Plain Error | |
| State v. Wright (19-863 - Published)
(View Supreme Court Opinion) Motion to Dismiss, Jury Instructions, Plain Error, Sentencing | |
| Williams v. N.C. Dep't of Justice, Crim. Standards Div. (19-1031 - Published)
Industrial Commission; negligent interference with a contract; failure to state a claim | |
| Unpublished Opinions 18 August 2020 - Rule 30e - Zip File of Unpublished Opinions Mandate: 8 September 2020 | |
| Harrington v. Harrington (19-961 - Unpublished)
Rule 60 motion; jurisdiction | |
| In re A.K. (19-630 - Unpublished)
Statutory requirements for stipulations in adjudications of abuse, neglect, or dependency | |
| In re A.M. (19-965 - Unpublished)
neglect and dependency; caretaker versus custodian; right to appeal; denial of visitation; required statutory findings. | |
| State v. Franklin (19-873 - Unpublished)
motion to suppress; reasonable suspicion; traffic stop | |
| State v. Helms (19-955 - Unpublished)
Rape; kidnapping; plain error; occasional references to victim by prosecutor and witnesses during trial; sufficiency of evidence of separate restraint; reasonableness of satellite-based monitoring | |
| State v. Lamm-Smith (19-1041 - Unpublished)
revocation hearing, worthless check, restitution payment, misdemeanor larceny, suspended sentence, right to speak, sentencing hearing | |
| State v. McNeill (19-1081 - Unpublished)
jury instructions; plain error | |
| State v. Roberson (19-905 - Unpublished)
Anders review, PWC, motion to suppress | |
| State v. Sweet (19-857 - Unpublished)
relevant evidence; vouching for credibility of a child | |
| State v. Treadway (20-22 - Unpublished)
First-degree kidnapping; Sufficiency of the Evidence; Closing Argument | |
| State v. Whitaker (18-1220 - Unpublished)
plain error; postal interdiction; search of a package; invocation of right to counsel; jury instructions | |
|
Filed: 4 August 2020 Mandate: 24 August 2020 Zip File of Published Opinions Case Title / Description | |
| Harter v. Eggleston (19-493 - Published)
custody; inconvenient forum; N.C. Gen. Stat. 50A-207; verified motion | |
| In re: E.P-L.M. (19-803 - Published)
Abuse, Neglect, Dependency; Civil Custody; Ability to Pay for Visitation | |
| Leonard v. Bell (19-742 - Published)
Medical Records, Rule 9(j), expert review | |
| Shearon Farms Townhome Owners Ass'n II, Inc. v. Shearon Farms Dev., LLC (18-1308 - Published)
Interlocutory appeal; inconsistent verdict doctrine; justiciability; standing of homeowners' association; associational standing | |
| State v. Morrison (19-1150 - Published)
discharging a weapon into an occupied vehicle, semi-automatic weapon, automatic weapon, lay witness testimony, sufficiency of the evidence, motion to dismiss | |
| State v. Vorndran (19-889 - Published)
Jurisdiction; Sex-Offender Registry. | |
| State v. Wohlers (19-244 - Published)
Felony child abuse by sexual act; definition of sexual act; N.C. Gen. Stat. § 14-318.4(a2); N.C.G.S. § 14-27.20(4); vouching for witness; clerical error; calculating maximum sentence under N.C.G.S. § 15A-1340.17(c) | |
| Tsonev v. McAir, Inc. (19-674 - Published)
Contracts; Statute of Repose; Statute of Limitation; Directed Verdict. | |
| Unpublished Opinions 4 August 2020 - Rule 30e - Zip File of Unpublished Opinions Mandate: 24 August 2020 | |
| Day v. Travelers Ins. Co. (19-705 - Unpublished)
workers' compensation; occupational disease | |
| In re A.L.M. (19-1086 - Unpublished)
Neglected Juvenile; Adjudication; Visitation; Disposition. | |
| In re D.R. (19-845 - Unpublished)
Neglect; dependency; lack of findings; domestic violence protective order; lack of service; variances in rendition and final order entered; mediated family settlement agreement. | |
| In re L.N.H. (19-1020 - Unpublished)
juvenile abuse, neglect, dependency; judicial notice of medical records; hearsay by witnesses | |
| State v. Charles (18-945-2 - Unpublished)
public vehicular area; PVA; subdivision; N.C.G.S. 20-4.01(32) | |
| State v. Clark (19-446 - Unpublished)
N.C.R. App. P. 10(a)(3) preservation, constructive possession of controlled substances, keeping or maintaining a dwelling for controlled substances, residency, proof of keeping or maintaining temporary occupancy | |
| State v. Echols (19-1118 - Unpublished)
| |
| State v. French (19-997 - Unpublished)
aquittal-first jury instruction; juror competency | |
| State v. Givens (19-40 - Unpublished)
Post release supervision, Motion to suppress, Preservation, Rule 401 | |
| State v. Johnson (19-625 - Unpublished)
negligent child abuse inflicting serious bodily injury; sufficiency of the evidence; EHAC aggravating factor | |
| State v. Lavandier (19-954 - Unpublished)
sovereign citizen; preservation; admission of evidence | |
| State v. Manley (19-921 - Unpublished)
Oral rendering of sentence matching written judgment; error in restitution; error in civil judgment for attorneys' fees | |
| State v. McLaughlin (19-779 - Unpublished)
Jury Instructions; Ambiguous; Restitution; Dissolved Corporation. | |
| Wilkins v. Buckner (19-567 - Unpublished)
NCGS 97-2(5); average weekly wage; methods of computation of average weekly of computation of average weekly wage; Methods 3 and 5. | |
|
Filed: 21 July 2020 Mandate: 10 August 2020 Zip File of Published Opinions Case Title / Description | |
| Daly v. Kelly (19-532 - Published)
modification of child custody; motion to quash; offer of proof; sealing records | |
| Hidalgo v. Erosion Control Servs., Inc. (19-756 - Published)
Woodson Claim; Summary Judgment | |
| In re: Meetze (19-1097 - Published)
Spousal allowance; Rule 60; Abandonment | |
| In re: K.W. & J.W. (19-943 - Published)
Visitation Abuse, neglect, dependency Disposition testimony | |
| In re: S.M.L. & E.R.M.L. (19-476 - Published)
Adjudication, Disposition, Neglect | |
| Judd v. Tilghman Med. Assocs., LLC (19-581 - Published)
Entry of default, Rule 55; good cause; default judgment; motion to set aside, Rule 60; required findings; excusable neglect | |
| Sherrill v. Sherrill (20-106 - Published)
Attorney fees - N.C. Gen. Stat. § 50-13.6; calculation of income | |
| Smith v. Smith (19-807 - Published)
summary judgment; estate administration; attorney-in-fact; fiduciary duties | |
| State v. Campbell (18-998-2 - Published)
sufficiency of evidence for appellate review - motion to dismiss appeal; racial discrimination in use of peremptory challenges in jury selection - prima facie claim - Batson v Kentucky | |
| State v. Patterson (19-662 - Published)
Forfeiture of counsel; legal standard for egregious misconduct that obstructs or delays the proceeding | |
| Unpublished Opinions 21 July 2020 - Rule 30e - Zip File of Unpublished Opinions Mandate: 10 August 2020 | |
| Cahn v. Shavender's Bluff Cmty. Ass'n, Inc. (19-1046 - Unpublished)
easement, settlement, property, encroachment, motion for contempt | |
| Cousin v. Cousin (19-566 - Unpublished)
equitable distribution; marital property; separate property; classic car valuation; lay opinion testimony; competent evidence; distribution of real property | |
| Dacat, Inc. v. Jones Legacy Transp., LLC (19-588 - Unpublished)
Instrumentality Rule; piercing corporate veil; breach of contract | |
| Fairley v. N.C. Dep't of Transp. (19-784 - Unpublished)
motion to dismiss appeal; appellate rule violations; N.C.R. App. P. 25(b) and 34; N.C.R. App P.3; time for filing notice of appeal; N.C.R. App. 26; N.C.R. App P. 26(g); N.C.R. App P. 28(a) and (b); N.C.R. App P.2 | |
| In re A.N.R. (19-1040 - Unpublished)
hearsay, juvenile, confrontation clause, abuse, neglect | |
| In re Clark (19-1119 - Unpublished)
disbarment; petition for reinstatement; appellate jurisdiction; abuse of discretion; whole record review; lack of remorse and reform | |
| In re D.L. (19-1114 - Unpublished)
Indian Child Welfare Act, Child Custody, Statutory Compliance | |
| In re D.T. (19-717 - Unpublished)
Child custody - neglect under N.C. Gen. Stat. 7B-101(15); constitutionally protected status as parent; verification of legal significance of guardianship; N.C. Gen. Stat. § 7B-906.1(d)(3) | |
| In re K.M. (19-871 - Unpublished)
Neglected juvenile; dependent juvenile; permanency planning; reunification; guardianship; visitation. | |
| In re L.G. (19-1134 - Unpublished)
Neglect; Findings of Fact | |
| State v. Beal (19-469-2 - Unpublished)
| |
| State v. Bennett (19-1122 - Unpublished)
robbery with dangerous weapon, footage, video, lay opinion, lay witness, officer, prejudice, misdemeanor larceny, lesser charge, due process, lesser included offense | |
| State v. Colyn (19-778 - Unpublished)
obtaining property by false pretenses; restitution | |
| State v. Gray (19-1061 - Unpublished)
jury instructions; NC Constitution Art. I § 24; habitual felon conviction; proof of prior convictions; ACIS printouts | |
| State v. Millsaps (19-902 - Unpublished)
Trafficking in heroin by possession; trafficking in heroin by transportation lesser-included offense. | |
| State v. Ray (19-51 - Unpublished)
Failure to register change of address; Registered address; invited error; ineffective assistance of counsel | |
| State v. Re (19-1088 - Unpublished)
ineffective assistance of counsel claim; IAC; immigration and deportation consequences of plea; motion for appropriate relief; MAR | |
| State v. Robinson (19-750 - Unpublished)
Anders brief; sentencing | |
| State v. Sanders (19-659 - Unpublished)
Witness Testimony, Corroboration, Attorney's Fees, Civil Judgment. | |
| State v. Springle (17-652-2 - Unpublished)
| |
| State v. Wilson (19-862 - Unpublished)
probation revocation; absconding | |
| Toussaint v. King (19-851 - Unpublished)
civil contempt; child custody; purge | |
|
Filed: 7 July 2020 Mandate: 27 July 2020 Zip File of Published Opinions Case Title / Description | |
| Bartley v. City of High Point (19-1127 - Published)
(View Supreme Court Opinion) Public official immunity ? malice; unnecessary or excessive force; intent to injure | |
| Carolina Mulching Co, L.L.C. v. Raleigh Wilmington Investors II, L.L.C. (20-47 - Published)
(View Supreme Court Opinion) breach of contract; sufficiency of findings; effect of reversal of trial court judgment in civil case on remand | |
| Dunn v. Covington (18-1177 - Published)
child custody; grandparent v. natural parent; Petersen presumption; unfitness; conduct inconsistent with constitutionally-protected status; clear and convincing evidence; competent evidence | |
| George v. Lowe's Cos., Inc. (19-958 - Published)
n.c. gen. stat. 1-75.4 long-arm statute; n.c. gen. stat. 1-21 borrowing provision; statute of limitations | |
| In re: M.H. (19-1132 - Published)
dependency adjudication; necessity of findings related to suitable alternative care arrangement to support dependence adjudication; identification of alternative care arrangement by parent before child was born undermined dependence adjudication; findings that parent had unstable housing and lacked employment did not support dependence adjudication | |
| Lambert v. Town of Sylva (19-727 - Published)
Jury Instructions; Municipal Liability Under 42 U.S.C. Section 1983; No Prejudicial Error | |
| Nobel v. Foxmoor Grp., LLC (19-506 - Published)
(View Supreme Court Opinion) sealed instrument; promissory note; business activity; UDTPA | |
| Price v. Biggs (19-914 - Published)
Civil Contempt, NCGS s.s. 5A-21, 23; Child support; Due process re opportunity to be heard, US. Const. Amends. V, XIV, N.C. Const. art. I, s. 19 | |
| Sparrow v. Fort Mill Holdings, LLC (19-1026 - Published)
Uniform Enforcement of Foreign Judgments Act; Full faith and credit; Anti-deficiency statute; Public-policy exception to enforcement of a foreign judgment; Intrinsic fraud | |
| State v. Cruz (19-495 - Published)
accessory after the fact; obstruction of justice; jury instructions | |
| State v. Duncan (19-884 - Published)
Motion to Suppress; Reasonable suspicion; Terry frisk; Attenuation doctrine | |
| State v. Lee (19-950 - Published)
Miranda waiver; knowing and voluntary confession; promise or inducement in exchange for confession | |
| State v. McMillan (19-794 - Published)
Deviation from Pattern Jury Instruction; Jury Instruction on Actual and Constructive Possession; Subject-Matter Jurisdiction to Correct Judgment After Notice of Appeal. | |
| State v. Womble (19-68 - Published)
Witness testimony, victim, ineffective assistance of counsel; sexual assault,credibility. | |
| State v. Young-Kirkpatrick (19-1138 - Published)
common law robbery; substantial evidence of continuous transaction supported denial of motion to dismiss; admission of Rule 404(b) evidence was harmless, if error; inadequate notice and opportunity to be heard on award of attorney's fees | |
| Stitz v. Smith (19-739 - Published)
non-probate assets; motion to dismiss; lack of subject matter jurisdiction; failure to state a claim; conversion; unjust enrichment; constructive trust; statute of limitations; undue influence; interference with inheritance; potential economic advantage; breach of fiduciary duty; constructive fraud | |
| Stowe v. Stowe (19-733 - Published)
Equitable distribution; intangible goodwill; reasonably approximate value of business; qualification of expert witness; tax implications of equitable distribution; distribution of assets | |
| Unpublished Opinions 7 July 2020 - Rule 30e - Zip File of Unpublished Opinions Mandate: 27 July 2020 | |
| Aquino v. Chavis (19-907 - Unpublished)
Modification of child custody; substantial change in circumstances; nexus between change in circumstances and welfare of child; sufficiency of findings of fact | |
| Dow-Rein v. Sarle (19-911 - Unpublished)
Rule 12(b)(2) motion to dismiss for lack of personal jurisdiction; competing affidavits; trial court must resolve jurisdictional fact disputes based on evidence in affidavits and jurisdictional discovery; cannot rely on unverified allegations in complaint if disputed by affidavits | |
| Foy v. Kite (19-404 - Unpublished)
Child Support; Retroactive Child Support; Income. | |
| In re A.V.I. (19-528 - Unpublished)
| |
| In re Bezanson (20-105 - Unpublished)
Concealed carry permit, Mental illness, Constitutionality, Evidence | |
| In re E.M.G. (19-849 - Unpublished)
neglect; custody; juvenile petitions; physical, mental, or emotional impairment; kinship placements | |
| In re E.R. (19-783 - Unpublished)
Adjudication; Dependency; Disposition | |
| In re H.A.G. (19-942 - Unpublished)
abuse, neglect, and dependency; hearsay; prejudice | |
| In re J.J. (19-875 - Unpublished)
neglect, abuse, juvenile, sibling, burn, self-harm, custody, visitation, adjudication, medical attention | |
| In re J.R. (19-987 - Unpublished)
Guardianship;Findings of Fact | |
| In re K.E.D. (19-605 - Unpublished)
permanency planning order, neglect, visitation, custody, case plan, substance abuse, domestic violence, writ of certiorari, juvenile, progress, unfit, substantial change in circumstances | |
| In re Q.L.H. (19-972 - Unpublished)
neglect adjudication; sufficiency of findings to support neglect adjudication; findings supported by clear and convincing evidence and findings supported neglect adjudication; no abuse of discretion in disposition order | |
| Israel v. Israel (19-1032 - Unpublished)
child support, bad faith, underemployment, imputed income, income calculation | |
| McDowell v. Buchman (19-945 - Unpublished)
child custody, UCCJEA, pending proceedings, absconding | |
| OM Shankar Corp. v. SAI Devs., Inc. (19-599 - Unpublished)
default judgment, sum certain, Rule 37, sanctions | |
| Routten v. Routten (19-1075 - Unpublished)
Mootness Custody | |
| State v. Hunt (19-855 - Unpublished)
Assault on law enforcement officer inflicting serious injury; simple assault; corroborative statements; cross examination and limiting instructions; Rule 801; knowledge versus willfully. | |
| State v. Jenkins (19-723 - Unpublished)
sentencing; prior record level; substantial similarity analysis | |
| State v. Land (19-665 - Unpublished)
prior record level; prior record level worksheet; sentencing points; resentencing | |
| State v. Luck (19-1167 - Unpublished)
Probation Revocation, Good Cause | |
| State v. Renfrew (19-901 - Unpublished)
Embezzlement, Corporate malfeasance, Jurisdiction, Evidence, Variance in indictment | |
| State v. Savage (19-980 - Unpublished)
Assault with a deadly weapon inflicting serious injury; plain error; use of pattern jury instructions; failure to instruct jury that assault charge requires victim to be alive | |
| State v. Wallace (19-923 - Unpublished)
Assault with a deadly weapon inflicting serious injury; denial of request for self-defense instruction; motion to dismiss; sufficiency of evidence of serious injury; potential clerical error on judgment form | |
| Williams v. Enter. Holdings, Inc. (19-730 - Unpublished)
Rule 12(b)(6) dismissal; timeliness of notice of appeal; waiver; statutory authority of retired emergency district court judge; compliance with local court rules | |
|
Filed: 16 June 2020 Mandate: 6 July 2020 Zip File of Published Opinions Case Title / Description | |
| Connette v. The Charlotte-Mecklenburg Hosp. Auth. (19-354 - Published)
Medical malpractice; nurses; nurse specializations; use of illustrative exhibit; jury instructions | |
| In re: A.B. (19-422 - Published)
clear and convincing evidence supports finding of fact and conclusion of law that juvenile is an abused juvenile; | |
| In re: A.N.T. (19-690 - Published)
Placement of juvenile; preference for relative; guardianship; parental rights; visitation; changed circumstances. | |
| In re: K.L. & J.A. II (19-800 - Published)
abuse and neglect adjudications; sufficiency of findings to support adjudications of abuse and neglect; absence of evidence supporting inference of probable abuse precluded adjudication of abuse; insufficient findings to support adjudication of neglect | |
| In re: M.M. (19-870 - Published)
adjudication of abuse and neglect of juvenile; civil deposition request; admissibility of expert testimony | |
| Monroe v. Rex Hosp., Inc. (20-27 - Published)
Medical Malpractice, Summary Judgment | |
| State v. Cobb (19-496 - Published)
Drug Field Test Results; Habitual Felon Enhancement; Waiver to challenge guilty plea | |
| State v. English (19-518 - Published)
substantial evidence of first-degree kidnapping; intent to terrorize; assault; conflicting testimony | |
| State v. Gore (19-608 - Published)
motion to suppress - unreasonable search and seizure; historical cell-site location information; N.C. Gen. Stat. § 15A-262 and 15A-263; court order supported by probable cause | |
| State v. Hamer (19-473 - Published)
(View Supreme Court Opinion) waiver of jury trial; N.C. Gen. Stat. 15A-1201 | |
| State v. Hutchens (19-787 - Published)
Satellite-based monitoring Reasonable search Special Purpose Recidivism | |
| State v. Johnson (19-191 - Published)
Diminished capacity; bipolar disorder; jailhouse calls; rebuttal evidence; felony murder; armed robbery; psychological evaluation | |
| State v. Smith (19-790 - Published)
Grounds for setting aside bond forfeiture; Failure to make material findings of fact; Appellate review of written order. | |
| State v. Williamson (19-692 - Published)
robbery with a dangerous weapon; fatal variance argument not preserved for appellate review; evidence of dangerousness required to support submission of robbery with a dangerous weapon charge to jury; evidence that gun was inoperable or non-deadly insufficient on its own to establish dangerousness of gun; absence of evidence of dangerousness of inoperable or non-deadly gun required dismissal of robbery with a dangerous weapon charge; improper judicial comment on the evidence; prejudice showing not met by judicial comment on the evidence; no record of required habitual felon colloquy required remand for habitual felon colloquy or proof of habitual felon status | |
| Unpublished Opinions 16 June 2020 - Rule 30e - Zip File of Unpublished Opinions Mandate: 6 July 2020 | |
| Caymus Constr. Co., Inc. v. Janowiak (19-890 - Unpublished)
Breach of contract; defamation; trespass; error preservation rule for challenges to jury instructions; motion to dismiss at trial treated as motion for directed verdict; directed verdict on trespass to real property claim; costs award limited by statute | |
| In re N.S. (19-711 - Unpublished)
permanency planning order; ceasing reunification efforts; guardianship verification | |
| In re T.R.B. (19-764 - Unpublished)
Visitation, Neglect | |
| Mountain Club Ass'n, Inc. v. Mountain Club at Cashiers, LLC (19-379 - Unpublished)
common element, planned community act, appurtenant easement, summary judgment | |
| State v. Brown (19-452 - Unpublished)
N.C.G.S. § 15A-1343(b)(3a); Probation Violation; Absconding; Willfulness | |
| State v. Buchanan (19-919 - Unpublished)
habitual felon status, obtaining property by false pretense, writ of certiorari, re-sentencing, mandate, vacate | |
| State v. Chavis (19-1101 - Unpublished)
N.C. Gen. Stat. § 14-34.1(b), discharging firearm into occupied dwelling; motion to dismiss, substantial evidence | |
| State v. Dickens (19-722 - Unpublished)
Second degree murder; driving while impaired; admission of prior DWI convictions to prove intent; jury instructions; double jeopardy | |
| State v. Geter (19-846 - Unpublished)
probation revocation | |
| State v. Grantham (19-903 - Unpublished)
Review of closing argument where no objection made at trial. | |
| State v. Hardin (19-920 - Unpublished)
section 15A?1343.2(d)(1), sentencing, remand | |
| State v. House (19-539 - Unpublished)
Anders Brief; write of certiorari; DWI; probation. | |
| State v. Mitchell (20-39 - Unpublished)
motion to suppress; unchallenged factual findings are binding on appeal; findings supported denial of motion to suppress absent challenged findings; challenged findings presumed to be supported by competent evidence where record on appeal did not include evidence supporting or undermining them | |
| State v. Shackleford (19-771 - Unpublished)
Petition for writ of certiorari; motion to dismiss; Alford plea; Anders brief. | |
| State v. Swindell (19-527 - Unpublished)
Submitting lesser-included offenses of trafficking in heroin to the jury; Plain error | |
| State v. Tucker (18-1295-2 - Unpublished)
Satellite-based monitoring; State's burden to show reasonableness under Fourth Amendment | |
| State v. White (19-1017 - Unpublished)
Witness Testimony; Plain Error; Electronic Monitoring Device. | |
| State v. Wyatt (19-990 - Unpublished)
4th Amendment; denial of motion to suppress; specific basis justifying search; reasonable steps taken during search to protect privacy | |
|
Filed: 2 June 2020 Mandate: 22 June 2020 Zip File of Published Opinions Case Title / Description | |
| Gary v. Wigley (19-998 - Published)
Negligence; notice of hearing; motion in limine; summary judgment; 10-day notice | |
| In re: Harris Teeter, LLC (19-927 - Published)
(View Supreme Court Opinion) NCGS 105-283 true value, ad valorem property tax valuation, depreciation; NCGS 105-290(d2), NCGS 84-2.1, practice of law, scrivener?s exception to practice of law | |
| Keller v. Deerfield Episcopal Ret. Cmty., Inc. (19-633 - Published)
summary judgment; ratification; negligent supervision and retention; expert testimony | |
| Mucha v. Wagner (18-1133 - Published)
(View Supreme Court Opinion) Personal jurisdiction; due process; minimum contacts; telephone calls to the forum state | |
| Richter v. Richter (19-442 - Published)
Equitable Distribution; Life Insurance Proceeds; Marital and Separate Properties | |
| Simmons v. Wiles (19-786 - Published)
Battery, Motion for Directed Verdict, Motion to Dismiss, Motion for Judgment Notwithstanding the Verdict, Motion for New Trial, Punitive Damages, Jury Instruction | |
| Sound Rivers, Inc. v. NC Dep't of Envtl. Quality (18-712 - Published)
Wastewater; Swamp Waters; Biological Integrity Standard; Water Quality | |
| State v. Anthony (19-894 - Published)
Carrying a concealed weapon; possession of a firearm by a felon; possession of weapon on educational property; habitual felon; motion to suppress; failure to preserve; failure to move to strike testimony; ineffective assistance of counsel. | |
| State v. Campbell (19-865 - Published)
evidence of possession methamphetamine | |
| State v. Canady (20-19 - Published)
Sentencing - N.C. Gen. Stat. ? 90-95(a)-(b); conviction for sale or delivery of cocaine | |
| State v. High (19-1170 - Published)
plea bargains; recission of plea bargain based on incorrect prior record level determination | |
| State v. Stubbs (19-454 - Published)
caretaker of elder adult; domestic setting; caretaker neglect; failure to provide care | |
| State v. Weldy (19-761 - Published)
insufficient evidence that vehicle was kept or maintained under N.C. Gen. Stat. 90-108(a)(7); insufficient evidence of keeping or selling controlled substances under N.C. Gen. Stat. 90-108(a)(7); | |
| Unpublished Opinions 2 June 2020 - Rule 30e - Zip File of Unpublished Opinions Mandate: 22 June 2020 | |
| Devine v. Devine (19-913 - Unpublished)
alimony, calculation of income, alimony, child support, attorney's fees | |
| Gaines-Perkins v. McGlynn Restoration, LLC (19-821 - Unpublished)
Directed verdict; trespass to personal property; negligence | |
| In re J.T. (19-635 - Unpublished)
juvenile adjudicated dependent and neglected; out-of-state placement; Interstate Compact on the Placement of Children; visitation denied; health and safety of child | |
| Marlow v. N. Hosp. Dist. of Surry Cnty. (19-214 - Unpublished)
negligence, premises liability, legal duty, intentional criminal acts of third persons, foreseeability | |
| State v. Asbury (19-470 - Unpublished)
Anders; denial of motion for post-conviction DNA testing | |
| State v. Byrd (18-1256 - Unpublished)
Motion to dismiss; felonious common law obstruction of justice. | |
| State v. Emerson (19-485 - Unpublished)
Anders Review, Prejudicial Error. | |
| State v. Gagum (19-83 - Unpublished)
Habitual impaired driving; denial of motion to continue to obtain private counsel; right to attorney of choice | |
| State v. Gutierrez (19-755 - Unpublished)
Hit and run; Sixth Amendment right to counsel: invocation, spontaneous statement, deliberate elicitation; N.C.R. Evid. 403; Sixth Amendment Confrontation Clause; Jury Instruction on Flight | |
| State v. Jackson (18-1122 - Unpublished)
rape shield statute, rule 403, closing argument, SBM | |
| State v. Judd (19-829 - Unpublished)
Anders; failure to report new address as sex offender; guilty plea; defects in notice of appeal; validity of indictment; ineffective assistance of counsel | |
| State v. Kearney (19-585 - Unpublished)
Pretrial confinement credit; Motion to Dismiss; Motion to Suppress | |
| State v. Lail (19-596 - Unpublished)
Anders; no prejudicial error; jail credit | |
| State v. McClure (19-1080 - Unpublished)
possession of a firearm by a felon; habitual felon; failure to object; scope of cross-examination; abuse of discretion. | |
| State v. Owens (19-1008 - Unpublished)
Joinder, 404(b), Motion to Dismiss, Motion to suppress | |
| State v. Perdue (19-480 - Unpublished)
Criminal judgment; court costs; civil judgment; attorneys' fees; attorney-appointment fee; notice. | |
| State v. Silver (19-209 - Unpublished)
Discharging a weapon into occupied dwelling; assault with a deadly weapon inflicting serious injury; alleged violation of N.C. Gen. Stat. 15A-1222 by trial court expression of opinion on testimony | |
| State v. Spinks (19-937 - Unpublished)
use of the term victim not per se error, much less plain error | |
| State v. Taylor (19-21 - Unpublished)
restitution, sufficient evidence, restitution worksheet | |
| State v. Wilder (19-569 - Unpublished)
Possession of heroin; probation violation; contempt; petition for writ of certiorari; Anders brief. | |
|
Filed: 19 May 2020 Mandate: 8 June 2020 Zip File of Published Opinions Case Title / Description | |
| Hamdan v. Freitekh (19-929 - Published)
UCCJEA; subject-matter jurisdiction | |
| Kidd Constr. Grp., LLC v. Greenville Utils. Comm'n (19-910 - Published)
local government; utility regulation; prospective use charges for water and sewer services in excess of statutory authority | |
| Lippard v. Holleman (18-873 - Published)
Ecclesiastical Entanglement Doctrine; Defamation; First Amendment | |
| Poovey v. Vista NC Ltd. P'ship (19-302 - Published)
amending declaration; developer; reasonableness; summary judgment | |
| State v. Galloway (19-610 - Published)
Procedural mechanism to build record for challenge to calculation of jail credit | |
| State v. Gantt (19-995 - Published)
probation revocation, notice, absconding | |
| State v. Grappo (19-734 - Published)
jury instruction; statutory violation; prejudicial error | |
| State v. Hauser (19-313 - Published)
Obtaining Property by False Pretenses; Motion for Mistrial; Clerical Error; Limiting Instruction | |
| State v. Hilton (19-226 - Published)
(View Supreme Court Opinion) satellite-based monitoring; SBM; unreasonable search; post-release supervision; de novo; aggravated offense; sexual offense; recidivist; constitutional; as applied; facial challenge; sex crimes; expectation of privacy; Fourth Amendment; reasonableness of a search; warrantless search; totality of the circumstances; sex offenders; ; State supervision; privacy interests; intrusion of privacy interests; legitimate governmental interests; absconding violations; post-release supervision; callback hearing; general warrant | |
| State v. Lynch (19-358 - Published)
life without parole; first-degree murder; robbery with a dangerous weapon; assault with a deadly weapon with the intent to kill inflicting serious injury; involuntary confession; extrajudicial confession; induced hope or fear; totality of the circumstances; question of law; threats; promises; de novo; incriminating statements; Fifth Amendment; voluntariness of a confession; leniency; lesser sentence; constitutional error; harmless beyond a reasonable doubt; accomplice; prejudicial error review | |
| State v. Oldroyd (19-595 - Published)
(View Supreme Court Opinion) fatally defective indictment; attempted armed robbery; repudiating a plea agreement | |
| State v. Perkinson (19-900 - Published)
Contempt Judgment | |
| State v. Russell (19-848 - Published)
consent to assault, AISBI, jury instructions | |
| State v. Sasek (19-770 - Published)
Expert testimony, reliable principles and methods, plain error, controlled substances, probation revocation, timeliness of revocation hearing | |
| State v. Sasek (19-769 - Published)
Expert testimony, reliable principles and methods, plain error, controlled substances, probation revocation, timeliness of revocation hearing | |
| Vaitovas v. City of Greenville (19-732 - Published)
Facial constitutional challenge to red-light traffic camera law; interlocutory appeal; judgment not final as to all parties | |
| Unpublished Opinions 19 May 2020 - Rule 30e - Zip File of Unpublished Opinions Mandate: 8 June 2020 | |
| Brim v. Harris Teeter (19-1044 - Unpublished)
Workplace Injury, Industrial Commission | |
| Brunson v. Off. of the Magistrate for the 12th Jud. Dist. (19-216 - Unpublished)
subject matter jurisdiction of North Carolina Industrial Commission | |
| In re B.G.M. (19-768 - Unpublished)
Juvenile neglect adjudication and disposition; ambiguity in dispositional order; failure to address reunification efforts with respect to respondent-father | |
| In re B.W.B. (19-924 - Unpublished)
Distribution of food with foreign object, juvenile, plain error | |
| In re Foreclosure of Davis (19-1056 - Unpublished)
Power of Sale; Non-Judicial Foreclosure; Deed of Trust; Evidentiary Burden | |
| In re H.B. (19-624 - Unpublished)
Juvenile delinquency; sexual battery; sufficient evidence of force; statutory duty of trial court to advise juvenile of right against self-incrimination | |
| Nguyen v. Heller (19-648 - Unpublished)
child custody; reunification therapy; findings of fact | |
| Risen v. Risen (19-342 - Unpublished)
child custody, contempt | |
| Sorgi v. Wilkins (19-916 - Unpublished)
family law; equitable distribution, alimony, and attorney's fees; sufficiency of findings to support alimony award; sufficiency of findings to support attorney's fee award | |
| Spring Lake Farm, LLC v. Spring Lake Farm Homeowners Ass'n, Inc. (19-892 - Unpublished)
Declaratory judgment - real property rights; real covenants; contract interpretation; N.C.G.S. 47-F-1-103 | |
| State v. Baker (19-1039 - Unpublished)
hearsay, best evidence rule, Allen charge, plain error, felony possession of stolen goods | |
| State v. Byers (18-863 - Unpublished)
N.C.G.S. 15A-1214, jury selection, reopen voir dire | |
| State v. Chamberlain (19-565 - Unpublished)
First-degree forcible rape; first-degree forcible sexual offense; sufficiency of evidence of threat to use dangerous weapon; victim's reasonable belief defendant threatened her with deadly weapon; admission of 404(b) evidence of prior sexual assaults; challenge to closing arguments | |
| State v. Clayton (19-401 - Unpublished)
Murder; motion to suppress cell phone records; failure to preserve suppression argument by objection at trial; ineffective assistance of counsel claim not suited for review on direct appeal | |
| State v. Douglas (19-320 - Unpublished)
constructive possession; indicia of dominion and control; exclusive possession of premises | |
| State v. Green (19-531 - Unpublished)
Sentencing Factors, Prior Record Level, Prejudice | |
| State v. Harrison (19-818 - Unpublished)
robbery with dangerous weapon, possession of firearm by felon, robbery, electronic monitoring, ankle monitor, text messages, ping, plain error, lay testimony, parole officer | |
| State v. Hartgrove (19-647 - Unpublished)
404(b)evidence; Limiting instruction. | |
| State v. Jackson (19-832 - Unpublished)
Possession of methamphetamine; challenge to admission of officer's lay opinion testimony that drugs in defendant's possession | |
| State v. Johnson (19-840 - Unpublished)
Assault by strangulation; assault inflicting serious bodily injury; entry of judgment on both charges; evidence of two distinct assaults separated by period of time; defendant's consent to trial strategy involving admission of guilt; Harbison inquiry; ineffective assistance of counsel claim not suited for review on direct appeal; admission of DVPO; plain error | |
| State v. Keller (19-538 - Unpublished)
Capacity hearing, due process, statutory right, indictment, felony child abuse, serious bodily injury. | |
| State v. King (19-1084 - Unpublished)
civil judgment awarding attorney's fees; opportunity to be heard; request for continuance; denial of motion to withdraw | |
| State v. Lewis (19-994 - Unpublished)
Jury unanimity; statutory rape | |
| State v. McGregor (19-1010 - Unpublished)
authentication of real evidence, alteration, chain of custody, materially unchanged, larceny by removal of an anti-theft device | |
| State v. McLean (19-904 - Unpublished)
Parole Eligibility; Ripeness; Eighth Amendment | |
| State v. Sanders (19-268 - Unpublished)
first-degree murder, robbery with dangerous weapon, conspiracy, , co-conspirator, perjury, plea agreement, due process, plain error | |
| State v. Seagle (19-670 - Unpublished)
Larceny; possession of stolen motor vehicle; sufficiency of evidence of ownership and intent to permanently deprive; habitual felon indictment valid; instruction on lesser-included offense of unauthorized use of motor vehicle not required | |
| State v. Watson (18-1254 - Unpublished)
motion to suppress, motion to dismiss, waiver, preservation, Rule 10(a)(1), N.C.G.S. 15a-1368.6, hearsay, explaining subsequent actions, constitutional challenge waived, plain error | |
| Watauga Cnty. Dep't of Soc. Servs. v. Dillard (19-825 - Unpublished)
Rule 60 motion; Rule 59 motion; family law; child support; retroactive child support; child?s expenses; gross annual income; abuse of discretion; substantial deference; North Carolina Child Support Guidelines; disparity of incomes; retroactive expenses | |
|
Filed: 5 May 2020 Mandate: 26 May 2020 Zip File of Published Opinions Case Title / Description | |
| Best v. Staton (19-638 - Published)
equitable distribution, subject matter jurisdiction, separation, property value, marital property, tax value, competent evidence, retirement plan, valuation | |
| In re: J.M. (19-421 - Published)
Fitness as parent Reunification waiver of review hearings | |
| In re: N.N.B. (19-261 - Published)
TPR | |
| In Re: Wash. Cty. Sheriff's Off. (18-653 - Published)
Anticipatory Judgment; Giglio disclosures | |
| Lauziere v. Stanley Martin Cmtys., LLC (18-982 - Published)
(View Supreme Court Opinion) Dismiss with prejudice; Lee v. Roses factors; North Carolina Industrial Commission; abuse of discretion | |
| NC Farm Bureau Mut. Ins. Co., Inc. v. Lunsford (19-458 - Published)
(View Supreme Court Opinion) insurance coverage; underinsured motorist insurance; stacking of underinsured motorist policies where policies are issued in different states and accident occurs in third state | |
| Padilla v. Whitley de Padilla (19-478 - Published)
child custody; visitation rights; mental health; order for modification; primary physical custody; parental rights; substantial evidence; de novo; substantial and material change; minor children; beneficial circumstances; adverse circumstances; positive change; best interest of the child; children?s welfare; abuse of discretion. | |
| Quackenbush v. Groat (19-415 - Published)
motion to dismiss; Chapter 50B | |
| Register v. Wrightsville Health Holdings, LLC (19-977 - Published)
arbitration and alternative dispute resolution; existence of a contract creating an enforceable right to arbitration; waiver of the right to arbitration | |
| State of NC v. Shkut (19-601 - Published)
Mootness; public importance exception; motion for sanctions; proper grounds for sanctions | |
| State v. Blagg (18-1117 - Published)
(View Supreme Court Opinion) PWISD, Motion to Dismiss | |
| State v. Burgess (19-685 - Published)
mistrial, Rule of Evidence 601(b), Intoxicated witness | |
| State v. Lane (19-877 - Published)
motion for appropriate relief - ineffective assistance of counsel test and plain error standard; frivolous claims | |
| State v. Prince (19-338 - Published)
(View Supreme Court Opinion) Assault with a deadly weapon with intent to kill inflicting serious injury, assault by strangulation, single course of conduct, sentencing | |
| State v. Ray (19-700 - Published)
search and seizure; motion to suppress; fees | |
| State v. Reaves-Smith (19-932 - Published)
North Carolina Eyewitness Identification Reform Act, Show-ups | |
| State v. Ricks (19-836 - Published)
(View Supreme Court Opinion) closing arguments; improper remarks during summation; Fifth Amendment right to remain silent; prosecutor's fallacy; satellite based monitoring; hearing and showing required to impose satellite based monitoring | |
| State v. Rucker (19-418 - Published)
Abscond, willful, avoid supervision, whereabouts unknown, clerical error, probation revocation. | |
| Unpublished Opinions 5 May 2020 - Rule 30e - Zip File of Unpublished Opinions Mandate: 26 May 2020 | |
| Hill v. Kennedy (19-171 - Unpublished)
stepfather custody in error when father not unfit | |
| In re A.G.B. (19-298 - Unpublished)
permanency planning order, juvenile, neglect, guardian ad litem, Department of Social Services, witness, custody, guardian | |
| In re Foreclosure of Foster (19-1034 - Unpublished)
Appeal of order allowing foreclosure dismissed as moot; NCGS 45-21.29A | |
| In re Whitaker (19-1002 - Unpublished)
Utilities Commission; jurisdiction; Americans with Disabilities Act; NC Persons with Disabilities Act; findings of fact | |
| Lequire v. Se. Constr. & Equip. Co., Inc. (19-603-2 - Unpublished)
Worker's Compensation | |
| Mejia v. Mejia (19-438 - Unpublished)
Separation agreement; Setting aside agreement; Duress; Child custody; Child support | |
| Privette v. N.C. Bd. of Dental Exam'rs (19-1048 - Unpublished)
professional licensing and North Carolina Administrative Procedure Act; revocation of license to practice dentistry; fraud, deceit, and misrepresentation and standard of care issues | |
| Scroggs v. Tractors on the Creek, LLC (19-828 - Unpublished)
motion to set aside default judgment; failure to attack default judgment at trial precludes review on appeal | |
| Smith v. Smith (19-1049 - Unpublished)
attorney's fees incurred in child support claim; insufficient means to defray legal expenses; good faith of interested party; refusal to pay adequate child support; insufficient findings to support award of attorney's fees | |
| Spencer v. Aughtry (19-956 - Unpublished)
trespass/encroachment; boundary dispute; implied dedication of road right-of-way to public; deeds void for vagueness of description | |
| State v. Bernicki (19-649 - Unpublished)
first-degree murder; competency; incapacity; abuse of discretion; jury selection; capacity; malingering; jury charge; reading of instructions; clerk; ex mero motu; nonprejudicial; failure to intervene | |
| State v. Bynum (19-933 - Unpublished)
Waiver of Counsel, Forfeiture of Counsel | |
| State v. Diop (19-200 - Unpublished)
first-degree murder; second-degree murder; insufficient evidence; premeditation; deliberation; motion to dismiss; substantial evidence; legal provocation; direct evidence; circumstantial evidence; grossly excessive force; headlock; malice; express hatred; inherently dangerous act; failure to instruct jury; involuntary manslaughter; preservation; Rule 10; custodial statement; pretrial motion | |
| State v. Faulk (19-693 - Unpublished)
Robbery with a dangerous weapon; Denial of motion to dismiss; Sufficiency of evidence of use of dangerous weapon; Guilty plea to habitual felon status; Required statutory colloquy under N.C. Gen. Stat. § 15A-1022 | |
| State v. Green (19-272 - Unpublished)
Jury instructions; actual possession; constructive possession | |
| State v. Greene (19-688 - Unpublished)
Drug-trafficking; search and seizure; confidential informant; motion to suppress; reasonable suspicion; probable cause; factors of reliability; search warrant; warrant exception; automobile exception | |
| State v. Higginbotham (19-989 - Unpublished)
motion to suppress - probable cause; DWI; N.C.G.S. § 20-138.1 | |
| State v. Holt (19-477 - Unpublished)
Obtaining property by false pretenses; Jury instruction; Plain error. | |
| State v. McClure (19-562 - Unpublished)
ineffective assistance of counsel, necessary defense, voluntary intoxication | |
| State v. McCullen (19-319 - Unpublished)
Jury instructions; first degree murder by torture; involuntary manslaughter | |
| State v. McLymore (19-428 - Unpublished)
Self-Defense, Rule 404(b) | |
| State v. Moore (19-417 - Unpublished)
pre-trial waiver of right to counsel, N.C.G.S. 15A-1242, range of permissible punishment | |
| State v. Murray (19-516 - Unpublished)
Waiver, failure to object, plain error review. | |
| State v. Pitts (19-362 - Unpublished)
motion to suppress; reasonable suspicion; investigatory stop | |
| State v. Rivera (19-426 - Unpublished)
Sex offense; Rule 403; Abuse of discretion standard; Exclusion of evidence victim also reported abuse by another individual | |
| State v. Silver (19-978 - Unpublished)
failure to preserve objection to denial of motion to suppress evidence; failure to specifically argue plain error on appeal | |
| State v. Taylor (19-893 - Unpublished)
Jury Instruction Guilty Knowledge Plain Error | |
| State v. Williams (19-188 - Unpublished)
Drug offenses; Identification of controlled substance; Correction of typographical mistake in indictment | |
| State v. Willis (18-507 - Unpublished)
SBM, Fourth Amendment Search, Grady III | |
| State v. Zachary (19-915 - Unpublished)
restitution evidentary support; NCGS 15A-1340.36 | |
| Walker v. Surles (19-880 - Unpublished)
Child Support, Motion for Contempt, Show Cause, Lack of Jurisdiction | |
| Williams v. Williams (19-484 - Unpublished)
Alimony, Income Withholding, Jurisdiction | |
|
Filed: 21 April 2020 Mandate: 11 May 2020 Zip File of Published Opinions Case Title / Description | |
| Gay v. Saber Healthcare Grp., L.L.C. (19-964 - Published)
(View Supreme Court Opinion) Interpretation of contracts: ambiguity, arbitration clause versus conflicting clauses | |
| In re: C.N. & A.N. (18-1031-2 - Published)
Termination of parental rights; remand from Supreme Court; neglect; reasonable progress; findings do not support conclusions | |
| In re: Worley (19-345 - Published)
last will and testament; holographic will; testamentary intent; devisavit vel non; caveat; power of attorney; probate | |
| Kleoudis v. Kleoudis (19-145 - Published)
Child Support | |
| Robinson v. Halifax Reg'l Med. Ctr. (18-1300 - Published)
respondeat superior; Rule 9(j); negligence; wrongful death; res ipsa loquitur; corporate negligence; personal injury; hospital; medical malpractice | |
| State v. Alexander (19-202 - Published)
(View Supreme Court Opinion) DNA evidence; DNA testing; fingerprints; post-conviction motion; materiality; murder | |
| State v. Chadwick (19-271 - Published)
Special Probation Condition; Drug Treatment Program; Reasonably Related to Rehabilitation | |
| State v. Coleman (19-844 - Published)
Petition for writ of certiorari; motion to amend; trafficking in opium; lesser-included instruction ex mero motu; plain error; appellate rule 10(a); mixture establishes total weight of controlled substance. | |
| State v. Diaz-Tomas (19-777 - Published)
Certiorari, Abuse of Discretion, Mandamus, Judicial Notice | |
| State v. Lebeau (19-872 - Published)
clerical errors in judgment; trial court's jurisdiction to enter amended judgment to correct error after appeal noticed; defendant's right to be present during sentencing; right to be present not deprived where amended judgment corrected mere clerical error | |
| State v. Lindsey (19-974 - Published)
Sixth Amendment right to counsel; waiver of the right to counsel | |
| State v. Money (19-1043 - Published)
sufficiency of evidence to submit operating motor vehicle while displaying expired registration plate charge to jury; unpreserved challenge to jury instruction on operating motor vehicle while displaying expired registration plate was waived; sentence imposed for operating motor vehicle while displaying expired registration plate was not legally authorized | |
| State v. Stallings (19-636 - Published)
superseding indictment; guilty knowledge | |
| State v. Yarborough (19-752 - Published)
Lay witness; evidence of malice; self defense; jury instruction | |
| Sullivan v. Woody (19-514 - Published)
Intervenors, grandparents, child custody, attorneys' fees | |
| Unpublished Opinions 21 April 2020 - Rule 30e - Zip File of Unpublished Opinions Mandate: 11 May 2020 | |
| Barrington v. Dyer (19-640 - Unpublished)
non-jurisdictional appellate rule violation amounting to substantial failure or gross violation; dismissal for failure to comply with Rule 9(a) of North Carolina Rules of Appellate Procedure | |
| In re O.L. (19-626 - Unpublished)
mentally ill, dangerous to others, involuntary commitment, prima facie presumption, right to confrontation, statutory mandate, hearsay, sua sponte | |
| Martin v. Landfall Council of Ass'ns, Inc. (19-883 - Unpublished)
real property; homeowner's associations; restrictive covenants; fines and injunctive relief for failure to conform to restrictive covenants | |
| State v. Chambers (19-984 - Unpublished)
Jury instructions, assault on a law enforcement officer | |
| State v. Cuevas (19-766 - Unpublished)
Termination of Registration Requirements. | |
| State v. Cummings (19-864 - Unpublished)
Petition for A Writ of Certiorari; Sentencing Errors; Conceded Error | |
| State v. Fore (19-765 - Unpublished)
Termination of Registration Requirements. | |
| State v. Gaither (19-922 - Unpublished)
Breaking and entering with intent to terrorize or injure; first-degree kidnapping; attempted first-degree forcible rape; restraint inherent in other crime. | |
| State v. Hargett (19-718 - Unpublished)
photographs, prejudice, homicide | |
| State v. Hayner (19-397 - Unpublished)
elder abuse; involuntary manslaughter; motion to dismiss; expert testimony; invited error | |
| State v. Hicks (19-645 - Unpublished)
Probation revocation; Jail credit | |
| State v. Johnson (19-767 - Unpublished)
Termination of Registration Requirements. | |
| State v. Johnson (19-757 - Unpublished)
habitual felon status, assault with a deadly weapon with intent to kill, prior record level | |
| State v. Johnson (19-529 - Unpublished)
Equal Protection Clause of Fourteenth Amendment; Article I, Section 19 of NC Constitution; selective enforcement of law based on race; burden shifts to State to show evidence is admissible after prima facie showing of selective enforcement; absence of showing of prejudice precluded success on ineffective assistance of counsel claim | |
| State v. Jones (19-759 - Unpublished)
NCGS 15A-1242; dismissal of appeal and denial of PWC. | |
| State v. McCoy (19-99 - Unpublished)
Re-sentencing, thorough inquiry, pro se. | |
| State v. Rice (19-788 - Unpublished)
Motion for post-conviction testing; N.C. Gen. Stat. Section 15A-269. | |
| State v. Stokes (19-684 - Unpublished)
Motion to dismiss; attempted robbery with a dangerous weapon; aiding and abetting; possession of a firearm by a felon; prior record level; motion for appropriate relief. | |
| Woodard v. N.C. Dep't of Transp. (19-816 - Unpublished)
Tort Claims Act; Subject-matter jurisdiction; Defamation; Negligent infliction of emotional distress. | |
|
Filed: 7 April 2020 Mandate: 27 April 2020 Zip File of Published Opinions Case Title / Description | |
| Bauman v. Pasquotank Cty. ABC Bd. (19-613 - Published)
Adverse Possession Under Color of Title; Trusts; Judgment on the Pleadings | |
| Booth v. Hackney Acquisition Co. (19-602 - Published)
The NC Insurance Guaranty Association; Bar date; Statute of Repose | |
| Curlee v. Johnson (19-701 - Published)
(View Supreme Court Opinion) Keep dangerous animal, dog bite, summary judgment for defendant, shifted burden to plaintiff, prior knowledge of owner, precautions taken. | |
| Graham v. Jones (19-511 - Published)
permanent custody order; custody order awarding visitation to grandparents affected a substantial right of parent; trial court erred when it engaged in a best interest of the child analysis after granting full physical and legal custody, care, and control of minor child to parent; trial court erred when it granted grandparents visitation with minor child when parent was not found to be unfit and had not acted inconsistently with her constitutionally-protected status as a parent; | |
| Hardy v. Hardy (19-441 - Published)
Civil/criminal contempt; Appellate jurisdiction | |
| McGuine v. Nat'l Copier Logistics, LLC (19-735 - Published)
worker's compensation; implied contract of employment; right to control employee; joint employment | |
| McSwain v. Indus. Com. Sales & Serv., LLC (19-740 - Published)
workers' compensation; arising out of; in the course of; slip and fall; laundry; Industrial Commission; traveling employee; writ of certiorari; abuse of discretion; Workers' Compensation Act; increased risk; personal errand; exclusion of evidence; prejudice; cross-appeal; causal link; scope of employment | |
| Schwarz v. St. Jude Med., Inc. (19-395 - Published)
Wrongful discharge based on public policy of reporting adultery; libel claims against co-workers; tortious interference with contract; summary judgment procedure | |
| State v. Blankenship (19-678 - Published)
Indecent liberties, multiple victims, factual basis for guilty plea, Satellite Based Monitoring, certiorari, preserved errors, assistance of counsel, civil judgment. | |
| State v. Brown (19-403 - Published)
Second degree murder; trial court refusal to instruct on self-defense; reasonableness in the mind of a person of ordinary firmness | |
| State v. Chavez (19-400 - Published)
(View Supreme Court Opinion) attorney's failure to move to dismiss charge of conspiracy to commit murder was not prejudicial because there was sufficient evidence to support the charge; testimonial evidence was not hearsay and thus the trial court did not err in allowing the testimony into evidence; plain error in delivery of jury instruction on charge of conspiracy to commit murder when the indictment, evidence, and jury instruction were not in accord | |
| State v. Dudley (19-780 - Published)
discovery compliance; no sanctions; sufficient evidence of maintaining a vehicle to keep or sell controlled substances | |
| State v. Dudley (19-542 - Published)
Criminal procedure; notice of appeal from district court to superior court; statutory interpretation; meaning of compliance with the judgment | |
| State v. Foreman (19-738 - Published)
assault with a deadly weapon inflicting serious injury, Harrison inquiry, ineffective assistance of counsel | |
| State v. Koiyan (19-951 - Published)
Rule 702; expert testimony; expert opinion; latent fingerprint analysis; | |
| State v. Shuler (19-967 - Published)
(View Supreme Court Opinion) Trafficking in methamphetamine; right to silence; comment on defendant's silence; affirmative defense of duress; prior notice to State; State's case in chief. | |
| Unifund CCR Partners v. Loggins (19-957 - Published)
renewal of default judgment; sum certain; void judgment | |
| Valentine v. Solosko (19-852 - Published)
service of process; trial court discretion to extend time for service; dormant summons; alias or pluries summons | |
| Unpublished Opinions 7 April 2020 - Rule 30e - Zip File of Unpublished Opinions Mandate: 27 April 2020 | |
| Boyd v. Taylor (19-392 - Unpublished)
Confidential or Fiduciary Relationship; Constructive Trust; Summary Judgment. | |
| Cobb v. Day (19-805 - Unpublished)
Undue influence, Trusts and estates | |
| Columbus Cnty. Dep't of Soc. Servs. v. Norton (18-1198 - Unpublished)
Civil contempt; modification of child support; gatekeeping order; stay pending appeal; lack of jurisdiction to rule on issues embraced in pending appeal | |
| Dunhill Holdings, LLC v. Lindberg (18-1112 - Unpublished)
motion to dismiss, judicial efficiency, mootness, discovery order, interlocutory appeal | |
| Eco Terra Prods., Inc. v. Daystar Holdings, LLC (19-623 - Unpublished)
Motion to Dismiss, Personal Jurisdiction, Proper Forum, Convenient Forum | |
| Finn v. Finn (19-520 - Unpublished)
Alimony; ability to pay; consideration of bonus income in determining ability to pay; appeal after remand in prior appeal; mandate rule | |
| Hoag v. Cnty. of Pitt (19-826 - Unpublished)
Rezoning Special Damages | |
| Hutcherson v. Cannon (19-199 - Unpublished)
Summary judgment, burden of proof, material fact | |
| In re H.A.V. (19-353 - Unpublished)
Adjudication of neglect and dependency; sufficiency of findings of fact; Fifth Amendment right against self-incrimination; right to assistance of counsel; residual exception to hearsay rule; error preservation | |
| In re Harper (19-808 - Unpublished)
Rule violations; Rule 9; Rule 11; Motion to Dismiss | |
| In re M.J.D. (19-1005 - Unpublished)
Juvenile Adjudication | |
| In re Purswani (19-263 - Unpublished)
Appellate jurisdiction; Motion to disqualify counsel; Settlement of decedent's estate. | |
| Isenhour v. Frame (19-654 - Unpublished)
Interlocutory appeal, substantial right, trust, real property, motion for sanctions, PWC | |
| Logue v. Logue (19-831 - Unpublished)
Business valuation, equitable distribution | |
| Martin v. WakeMed (19-213 - Unpublished)
Workers' Compensation, findings of fact, conclusions of law, Parsons presumption. | |
| Nichols v. Admin. Off. of the Courts (19-1011 - Unpublished)
Tort claims act - motion to dismiss under Rule 12(b)(6); judicial immunity; gatekeeping order | |
| Sciara v. Edwards (19-854 - Unpublished)
Judgment on the Pleadings, Protective Covenants, Amendments and Variances, Revocation | |
| State v. Boone (19-560 - Unpublished)
Evidence, Jury Instruction, Lesser-Included Offense | |
| State v. Boykin (19-806 - Unpublished)
illustrative evidence; introduction of mug-shot photos not error, much less plain error; ineffective assistance of counsel; required showing of prejudice not met on IAC claim; required notice and opportunity to be heard on issue of attorney's fees not provided | |
| State v. Brown (19-499 - Unpublished)
First-degree murder, murder of an unborn child, motion to sever, prejudicial admission of evidence, jury instructions, motion to dismiss for insufficient evidence | |
| State v. Burton (19-246 - Unpublished)
Second-degree rape; second-degree sexual offense; motion to dismiss; evidence of physical or constructive force | |
| State v. Cabral (19-835 - Unpublished)
Sentencing, Prejudicial Error | |
| State v. Cottrell (19-981 - Unpublished)
Revocation of probation - absconding from supervision; right to confrontation | |
| State v. Council (19-363 - Unpublished)
Jury instructions; Prejudice | |
| State v. Henry (19-704 - Unpublished)
driving while impaired, substantial evidence, appreciable impairment, preservation requirement, plain error | |
| State v. House (19-702 - Unpublished)
Rule 401; no plain error in admitting irrelevant evidence; sex offender registration statutes were not void for vagueness; closing argument; general deterrence; specific deterrence | |
| State v. Lanier (19-658 - Unpublished)
sexual offense with a child victim impact testimony | |
| State v. Laudermilt (19-703 - Unpublished)
Prior bad acts Writ of certiorari Grossly improper | |
| State v. Potter (19-898 - Unpublished)
Restitution | |
| State v. Sprinkle-Surratt (19-775 - Unpublished)
Motion to Suppress, Motion to Dismiss, Freedom of Travel, Equal Protection, Valid Programmatic Purpose | |
| State v. Thomas (19-570 - Unpublished)
indecent liberties, statutory sex offense, specific intent, voluntary intoxication, failure to testify, right to remain silent | |
| State v. Williams (19-540 - Unpublished)
PWC, civil judgment for attorney fees | |
| Wiggins v. Wells Fargo Bank, N.A. (19-940 - Unpublished)
Arbitration Interlocutory Appeal Attorney's Fees | |
| Yow v. Henry (19-817 - Unpublished)
Child custody, change of circumstances | |
|
Filed: 17 March 2020 Mandate: 6 April 2020 Zip File of Published Opinions Case Title / Description | |
| Berke v. Fid. Brokerage Servs. (19-641 - Published)
motions for directed verdict and for judgment notwithstanding the verdict under Rule 50 of North Carolina Rules of Civil Procedure; sufficiency of evidence for submission to jury where no evidence was presented during trial that anyone other than named beneficiary of retirement accounts was beneficiary of accounts | |
| Buchanan v. NC Farm Bureau Mut. Ins. Co., Inc. (19-887 - Published)
Cancellation of insurance policy; breach of contract; unfair and deceptive trade practices; motion in limine; appraisal as condition precedent; directed verdict following denial of summary judgment; exclusion of expert witness; NCGS 58-63-15; grounds for appellate review; sanctions. | |
| Harper v. Vohra Wound Physicians of NY (18-355 - Published)
Judgment Notwithstanding the Verdict, Calculation of Damages, Amended Counterclaim | |
| In re: A.K.G. (18-1222 - Published)
Justiciability; Exceptions to Mootness; Collateral Consequences; Public Interest; Capable of Repetition Yet Evading Review | |
| In re: B.S. (19-789 - Published)
sufficient findings of fact to support the conclusion of dangerous to self; entry of a commitment period which exceeded the statutory maximum was impermissible | |
| In re: K.R.G. (19-424 - Published)
ICWA, ICWA Notification, Remand | |
| In re: N.U. (19-652 - Published)
insufficient evidence to support findings of fact; findings of fact failed to support the conclusion that respondent was dangerous to self | |
| State v. Cash (19-460 - Published)
motion to set aside bond forfeiture; unauthorized practice of law within meaning of Section 84-5; sanctions reversed. | |
| State v. Crompton (19-504 - Published)
(View Supreme Court Opinion) Probation, willful absconding | |
| State v. Dew (19-737 - Published)
(View Supreme Court Opinion) AWDWISI, charge conference, motion to dismiss, deadly weapon | |
| State v. Gordon (17-1077-2 - Published)
satellite-based monitoring; sex offender; Fourth Amendment; remanded for reconsideration in light of State v. Grady | |
| State v. Graham (17-1362 - Published)
(View Supreme Court Opinion) Hearsay vs Corroborative evidence: N.C.R. Evid. 801; N.C.R. Evidence 602 - personal knowledge; jury instruction re: defendant's flight; sentencing N.C.G.S. § 15A-1340.14(e) - prior record calculation: substantially similar, N.C.G.S. § 14-27.25(a), satellite-based monitoring N.C.G.S § 14-208.40A; Motion for appropriate relief - material conflict | |
| State v. Nova (19-462 - Published)
Jury Request for Transcript of Witness Testimony During Deliberations; Statutory Requirement that Trial Court Exercise Discretion; Prejudicial Error | |
| State v. Taylor (18-810 - Published)
(View Supreme Court Opinion) true threat, first amendment, anti-threat statute, ncgs 14-16.7, unprotected speech, jury instructions motion to dismiss, independent appellate review | |
| State v. Wiles (19-381 - Published)
reasonable suspicion; traffic stop; N.C.R. Evid. 403; horizontal gaze nystagmus testing | |
| Taube v. Hooper (19-827 - Published)
defamation per se; NCR Civ P 12(b)(6) dismissal | |
| Topping v. Meyers (19-618 - Published)
Defamation and libel; defamation as negligence; absolute privilege; immunity from suit; motion to dismiss; quasi-judicial. | |
| Tuel v. Tuel (19-691 - Published)
child custody order re: relocation of children w/parent to another state - factors & adequacy of findings; NCGS 50 13.2(a); best interest of child | |
| Unpublished Opinions 17 March 2020 - Rule 30e - Zip File of Unpublished Opinions Mandate: 6 April 2020 | |
| 4000 Piedmont Parkway Assocs., LLC v. Eastwood Constr. Co., Inc. (19-669 - Unpublished)
Lease agreement; summary judgment; summary ejectment; Motion for Continuance; Rule 56(f); tenant; landlord; option clause; commercial real estate; contract; expiration of lease; typo; time is of the essence | |
| Cheek v. Dancy (19-622 - Unpublished)
adverse possession; motion to dismiss | |
| Hamrick v. Gaston Cnty. Dep't of Soc. Servs. (19-17 - Unpublished)
Interlocutory appeal; substantial right. | |
| In re B.H. (19-411 - Unpublished)
dangerous to himself, involuntary commitment, inpatient commitment, manic, physical debilitation, sua sponte, statutory mandate | |
| In re C.A.B. (19-179 - Unpublished)
termination of parental rights, willful abandonment, meaningful appellate review | |
| In re C.B. (19-279 - Unpublished)
termination of parental rights, methamphetamines, Department of Social Services, neglected, dependent, juvenile, custody, permanency planning hearing, no-merit brief | |
| In re C.R.R. (19-156 - Unpublished)
TPR; neglect under NCGS 7B-1111 | |
| In re D.S. (19-322 - Unpublished)
NCR App P 3.1; NCGS 7B-903(a1), 7B-906.1; guardianship award to other then relative | |
| In re J.C. (19-150 - Unpublished)
Neglect; neglected juveniles; dispositional order; custody; DSS; sexual abuse; improper care; improper supervision; substance abuse; dependent juveniles; non-secure custody; adjudicatory hearing; reunification; supervised visitation; no visitation; clear and convincing evidence; guardian ad litem; de novo; specific findings; assault; victim; rape; completed offense; consent; genitals; unsubstantiated claims; competent evidence; credibility of witnesses; unsupervised contact; relinquishment of parental rights; parental rights; recantation; sexual intercourse; penetration; forensic interviews; reasonable inferences; mental impairment; physical impairment; substantial risk of impairment; suspected abuse; abuse of discretion; preservation; appellate review; best interests; statutory rape; indecent liberties; denial of visitation | |
| In re J.C. (19-396 - Unpublished)
Permanency Planning; Right to Appeal; Visitation; Findings of Fact; Conclusions of Law; Best Interest. | |
| In re N.J.E. (19-34 - Unpublished)
Termination of Parental Rights; Neglect. | |
| In re P.N.K. (19-208 - Unpublished)
Termination of Parental Rights, Father, Paternity, Financial Support or Consistent Care. | |
| In re S.R. (19-459 - Unpublished)
Abused juvenile; Ceasing reunification efforts | |
| In re X.A.R. (19-584 - Unpublished)
cessation of reunification; guardianship as sole permanent plan; NCGS 7B-906.2 | |
| State v. Clark (19-634 - Unpublished)
| |
| State v. Dixon (19-609 - Unpublished)
relevant evidence and admissible evidence of prior bad act under Rule 404(b); no abuse of discretion in denying motion for mistrial | |
| State v. Fields (19-822 - Unpublished)
PWC denial; NCGS 158-1544?; review of guilty plea and terms re: knowing and voluntary/benefit of bargain; forfeiture of counsel by firing series of attorneys | |
| State v. Finley (19-494 - Unpublished)
Robbery with a dangerous weapon, Jail phone call, limiting instruction, plain error | |
| State v. Hairston (19-650 - Unpublished)
Possession of a Firearm by a Felon, Motion to Suppress | |
| State v. Hughes (19-50 - Unpublished)
sex offender, satellite-based monitoring, jury instructions, habit, plain error, crime against nature, ambiguous verdict form | |
| State v. Jerry (19-195 - Unpublished)
Judicial disqualification; waiver closing argument. | |
| State v. Odems (19-402 - Unpublished)
Felony larceny; obtaining property by false pretenses; habitual felon; value of stolen property; vacate and remand. | |
| State v. Randall (19-544 - Unpublished)
Post-Conviction DNA Testing; Inventory of Biological Evidence | |
| State v. Richardson (19-410 - Unpublished)
sufficient temporal proximity and sufficiently similar facts between two crimes to render evidence of one of the crimes admissible under Rule 404(b) | |
| State v. Wells (19-708 - Unpublished)
felony sentencing; aggravating factors; evidence to support aggravating factor was not the same as evidence of underlying offense; prior record level determination; substantial similarity of out-of-state conviction; no error where sentence imposed was a legal sentence for the correct prior record level even if it was based on an incorrect prior record level determination | |
| Wallace v. Maxwell (19-291 - Unpublished)
Medical malpractice, proximate cause, expert testimony | |
| Zhang v. Rubin (19-682 - Unpublished)
Medical Malpractice; Motion for Summary Judgment; Expert Witness; Familiarity With Experience and Training | |
|
Filed: 3 March 2020 Mandate: 23 March 2020 Zip File of Published Opinions Case Title / Description | |
| Cummings v. Carroll (19-283 - Published)
(View Supreme Court Opinion) Claims for (1) negligence, (2)negligent misrepresentation, (3) breach of fiduciary duty, (4) unfair and deceptive trade practices within the meaning of N.C. Gen. Stat. 75-1.1, (5) breach of contract, (6) breach of implied covenant of good faith and fair dealing, (7) fraud and fraud in the inducement, (8) fraud by concealment, (9) personal liability in connection with the sale and purchase of a home. Summary judgment. | |
| Long v. Fowler (19-785 - Published)
(View Supreme Court Opinion) wrongful death; sufficiency of allegations in complaint; identification of individual and official capacity in caption; sovereign immunity; caption in complaint sufficiently identified individuals in individual and official capacity to survive motions to dismiss pursuant to Rule 12(b)(1), 12(b)(2), and 12(b)(6) of North Carolina Rules of Civil Procedure | |
| Green v. Black (19-661 - Published)
Default on promissory note; provision to contract for new note on unspecified terms in event of default set aside as void and severable; summary judgment affirmed | |
| Holdstock v. Duke Univ. Health Sys., Inc. (18-1312 - Published)
Facial challenge, three judge panel, N.C.G.S. 1-267.1, N.C.G.S. 1-81.1, N.C.G.S. 1A-1, Rule 42(b)(4) | |
| In re: Giddens (19-792 - Published)
Spousal Year's Allowance; Deficiency Judgment; Estate Administration; Family Settlement Agreements | |
| Poulos v. Poulos (19-340 - Published)
Interlocutory; Collateral estoppel; Equitable distribution | |
| State v. Ditenhafer (16-965-2 - Published)
(View Supreme Court Opinion) obstruction of justice, N.C.G.S. 14-3(b), denial of access | |
| State v. Leaks (19-479 - Published)
(View Supreme Court Opinion) Jury Instructions; Self-defense | |
| State v. Mangum (18-850 - Published)
Criminal Conviction, Civil Judgment, Attorney?s Fees, Jurisdiction, Record on Appeal, N.C. R. App. P. 3(a), Certiorari, N.C. R. App. P. 9, Amending Record on Appeal | |
| State v. Nazzal (19-552 - Published)
DWI-insufficient evidence of impairment - NCGS 20-138.1(a)(1); second-degree murder re: reckless driving non-DWI; NCGS 20-146(d)(1) failure to maintain lane control | |
| State v. Neira (19-653 - Published)
expunctions or expungement; eligibility for expunction of offense involving impaired driving | |
| State v. Pratt (19-435 - Published)
Jury instruction on entrapment not warranted where defendant failed to show lack of predisposition to commit crimes charged; error to enter civil judgment for attorney's fees without providing defendant opportunity to be heard thereupon | |
| Unpublished Opinions 3 March 2020 - Rule 30e - Zip File of Unpublished Opinions Mandate: 23 March 2020 | |
| Cuevas v. Davis (19-631 - Unpublished)
interlocutory appeal; jurisdiction | |
| Cunningham v. Principle Long Term Care, Inc. (18-1275 - Unpublished)
Workers' compensation, accident, duty to consider all evidence | |
| Est. of Seymour v. Orange Cnty. Bd. of Educ. (19-334 - Unpublished)
School board immunity, interlocutory appeal, immunity waiver. | |
| Gordon v. Hancock (19-712 - Unpublished)
Summary Judgment; Verified Pleadings; Affidavits; Admissions | |
| In re S.T. (19-423 - Unpublished)
Subject matter jurisdiction, child custody, permanency planning | |
| Indus. Hemp Mfg., LLC v. Am. Hemp Seed Genetic, LLC (19-679 - Unpublished)
personal jurisdiction; consent to jurisdiction; dismissal pursuant to Rule 12(b)(2) of North Carolina Rules of Civil Procedure | |
| State v. Eskridge (19-431 - Unpublished)
Controlled purchase; 404(b) Evidence | |
| State v. Griffin (19-657 - Unpublished)
Relevance Gang membership Attorney?s fees | |
| State v. Guarascio (19-486 - Unpublished)
criminal records request; violation of NCR App P 3 | |
| State v. Hodges (19-266 - Unpublished)
Motion to dismiss; Jury Instructions; Lesser-Included Offense | |
| State v. Joyner (19-651 - Unpublished)
termination of sex offender registration; reportable offenses requiring sex offender registration; unpreserved reportable offense issue; constitutionality of retroactivity of sex offender registration requirements; Sex Offender Registration and Notification Act | |
| State v. Lemus (19-582 - Unpublished)
bail bond forfeiture; motion for sanctions; jurisdiction | |
| State v. McKoy (18-599 - Unpublished)
Criminal Conviction, Civil Judgment, Attorney?s Fees, Jurisdiction, Record on Appeal | |
| State v. Pocknett (19-744 - Unpublished)
sentencing; second-degree muder; Class B2 offense | |
| State v. Scott (19-607 - Unpublished)
Polygraph test Rule 403 Mitigating factor Presumptive range | |
| State v. Westbrook (19-331 - Unpublished)
Discrimination Race-neutral Closing argument Prior record level Ineffective assistance of counsel | |
| State v. White (19-664 - Unpublished)
clerical error in judgment; sale and delivery of methamphetamine; arresting judgment | |
| State v. Wilson (19-556 - Unpublished)
hearsay; present sense impression exception; attempted robbery with a dangerous weapon; lesser-included offenses | |
| State v. Yates (19-348 - Unpublished)
motion to dismiss - substantial evidence; misdemeanor cruelty to animals NCGS 14-360(a); restitution as condition of probation NCGS 1343(d) - aggrieved party; NCGS 19A-70 | |
|
Filed: 18 February 2020 Mandate: 9 March 2020 Zip File of Published Opinions Case Title / Description | |
| Barnard v. Johnston Health Servs. Corp. (19-290 - Published)
Assignment; Subrogation; MedPay; Judgment on the Pleadings; Health and Liability Insurance; Automobile Insurance. | |
| Holmes v. Moore (19-762 - Published)
Voter ID; Preliminary Injunction | |
| Mace v. NC Dep't of Ins. (19-710 - Published)
prayer for judgment continued; conviction under N.C.G.S. 58-2-69; adjudication of guilt | |
| Poindexter v. Everhart (19-646 - Published)
Military pension division; subject matter jurisdiction; personal jurisdiction; breach of separation agreement; equitable remedy; specific performance; 10 USC 1408; NCGS 7A-244; unincorporated agreement; forum selection clause. | |
| Shepard v. Catawba Coll. (19-101 - Published)
negligence | |
| Starlites Tech Corp. v. Rockingham Cty. (19-406 - Published)
zoning; land use; change in ownership | |
| State v. Angram (19-151 - Published)
motion to dismiss, robbery with a dangerous weapon | |
| State v. Davis (19-500 - Published)
proper denial of request for limiting instruction; clarification of prior convictions was not impeachment; failure to preserve issue for appeal; | |
| State v. Griffin (17-386-2 - Published)
Satellite-Based Monitoring; Warrantless Search; Fourth Amendment; Post-Release Supervision | |
| State v. Hodge (19-443 - Published)
validity of indictment; jurisdiction to enter sentence; no abuse of discretion granting continuance for issuance of superseding indictment | |
| State v. Kowalski (19-709 - Published)
Misdemeanor assault on a female; preservation; limitation of cross-examination; impeachment evidence; relevance; jury instructions; invited error. | |
| State v. Mills (19-597 - Published)
Probation, willful absconding | |
| State v. Mitchell (18-1163 - Published)
foundation required for witness to testify to personal knowledge under Rule 602 of North Carolina Rules of Evidence; permissible lay opinion testimony under Rule 701 of North Carolina Rules of Evidence; cellphone technology evidence and cellphone record retention evidence; erroneous evidence of victim's good character not plain error; sufficiency of evidence to support multiple conspiracy counts | |
| State v. Richardson (19-627 - Published)
no reversible error when trial court omitted certain verbiage from final mandate of jury instruction on voluntary manslaughter | |
| Wetherington v. NC Dep't of Pub. Safety (18-1018 - Published)
Just cause; Termination; State Employee; Law of the Case | |
| Unpublished Opinions 18 February 2020 - Rule 30e - Zip File of Unpublished Opinions Mandate: 9 March 2020 | |
| Cherry Cmty. Org. v. Sellars (19-695 - Unpublished)
Good faith purchaser, NC Unfair or Deceptive Trade Practices Act, NC Uniform Voidable Transactions Act | |
| McGrath RentCorp v. TCI Triangle, Inc. (19-655 - Unpublished)
Personal Jurisdiction, Purposeful Availment, Judgment on the Pleadings, Interlocutory | |
| McMaster v. McMaster (19-234 - Unpublished)
child custody; lack of standing; NCGS ? 50-13.1(a); conduct inconsistent with protected parental status | |
| Rezvani v. Carnes (19-491 - Unpublished)
violations of NCRAP jurisdictional rules, requiring dismissal; NCRAP 9, 25, 34 | |
| State v. Boyd (19-543 - Unpublished)
Common law robbery; felony larceny from the person; valid indictment; inchoate crimes; plain error review; lessert-inclunded offense | |
| State v. Clark (19-456 - Unpublished)
motion to suppress evidence; search warrant application; probable cause; Franks challenge to veracity of search warrant affidavit | |
| State v. Davis (19-663 - Unpublished)
Probation Revocation, Subject Matter Jurisdiction, Clerical Error, Abuse of Discretion | |
| State v. Engle (19-488 - Unpublished)
evidence of prior crimes, wrongs, or acts under Rule 404(b) of North Carolina Rules of Evidence; probative value of 404(b) evidence not outweighed by danger of unfair prejudice or confusion of jury under Rule 403 of North Carolina Rules of Evidence; no abuse of discretion in determining authenticity of disputed text message communications; review of authentication ruling on motion in limine; no prejudicial error in failing to exclude evidence of victim's good character where no objection raised at trial | |
| State v. Everwine (19-629 - Unpublished)
Possession of stolen vehicle; motion to dismiss; restitution; value of stolen property. | |
| State v. Johnson (19-489 - Unpublished)
Substantially similar Violent felony Violent habitual felon | |
| State v. Juarez (19-545 - Unpublished)
sentencing - improper considerations by trial court; impact of drugs | |
| State v. Lail (19-468 - Unpublished)
Second-degree murder; child abuse; Confrontation Clause; harmless error beyond a reasonable doubt; hearsay; excited utterance; no prejudicial error; closing arguments; cumulative error. | |
| State v. McDaniel (17-856-2 - Unpublished)
Recent possession, recency, larceny, breaking and entering, extended probation period | |
| State v. Newsuan (19-564 - Unpublished)
Gang-related testimony. | |
| State v. Nyeplu (18-1251 - Unpublished)
Jury voir dire; ineffective assistance of counsel; issue preservation; prejudice. | |
| State v. Robinson (19-405 - Unpublished)
robbery with a dangerous weapon | |
| State v. Wheeling (18-1055 - Unpublished)
Jury Instruction; lesser included offenses; motion to dismiss; pretrial release; admissibility of evidence. | |
| Wallace v. Geter (19-696 - Unpublished)
Summary Ejectment | |
| Whisnant v. Abernathy Laurels (19-774 - Unpublished)
Worker's Compensation Act; N.C. Rule of Appellate Procedure 28(b)(6); aggravating injury; unchallenged findings of fact. | |
|
Filed: 4 February 2020 Mandate: 24 February 2020 Zip File of Published Opinions Case Title / Description | |
| Ingram v. NC State Bd. of Plumbing, Heating, & Fire Sprinkler Contractors (19-436 - Published)
Administrative Agency Decision; Licensing Board | |
| Mims v. Parker (19-317 - Published)
Dog bite; Strict Liability; Negligence | |
| Morris v. Powell (19-524 - Published)
Child Support Emancipation Contempt | |
| State v. Corbett/Martens (18-714 - Published)
(View Supreme Court Opinion) motion for appropriate relief; no-impeachment rule; sufficiency of the evidence; medical diagnosis or treatment exception to hearsay rule; residual exception to hearsay rule; N.C.R. Evid. 702(a); aggressor doctrine; jury instructions; prejudice | |
| State v. Dravis (18-76-2 - Published)
Reconvening order; satellite-based monitoring; reasonable warrantless search; Fourth Amendment; sex offense crimes; sufficient evidence | |
| State v. Goins (19-288 - Published)
(View Supreme Court Opinion) Closing argument; Improper argument; Constitutional Rights; New Trial | |
| State v. Parker (19-521 - Published)
(View Supreme Court Opinion) Possession of firearm by a felon; motion to dismiss for insufficient evidence; habitual felon; circumstantial evidence; non-preservation of a constitutional issue; improper closing argument. | |
| State v. Patterson (18-1082 - Published)
Plain error; Ineffective assistance of counsel; Attorney Fees | |
| State v. Wilson (19-184 - Published)
PWISD cocaine; Sufficiency of the evidence; Intent | |
| Wagner v. City of Charlotte (18-1084 - Published)
Flooding; Inverse condemnation; Negligence; Trespass; Nuisance | |
| Unpublished Opinions 4 February 2020 - Rule 30e - Zip File of Unpublished Opinions Mandate: 24 February 2020 | |
| B.V. Belk, Jr. v. VRS Magnolia Plaza, LLC (19-563 - Unpublished)
Easement Implied by Prior Use, Summary Judgment | |
| Calatlantic Grp., Inc. v. Cnty. of Union (19-577 - Unpublished)
Interlocutory Order; Substantial Right; Petition for Writ of Certiorari; Rule 54(b) | |
| Carrington v. Carolina Day Sch., Inc. (19-666 - Unpublished)
Employment Contract, Failure to State a Claim | |
| Davidson v. Laws (18-780 - Unpublished)
Statutory Interpretation; child custody; Servicemembers Civil Relief Act. | |
| Eastwood Constr. Co. v. Cnty. of Union (19-579 - Unpublished)
Interlocutory Order; Substantial Right; Petition for Writ of Certiorari; Rule 54(b) | |
| In re A.J.A-D. (19-270 - Unpublished)
Termination of parental rights; willful abandonment; statutory two-step process of adjudication and disposition | |
| In re Z.S. (19-74 - Unpublished)
Adjudication of neglect; sufficiency of evidence and findings of fact; exclusion of testimony | |
| Lennar Carolinas, LLC v. Cnty. of Union (19-576 - Unpublished)
Interlocutory Order; Substantial Right; Petition for Writ of Certiorari; Rule 54(b) | |
| Light v. Prasad (19-720 - Unpublished)
consent discovery scheduling order; no abuse of discretion by trial court in granting motion for a protective order; no abuse of discretion by trial court in allowing expert witnesses to testify at trial; | |
| M/I Homes of Charlotte, LLC v. Cnty. of Union (19-575 - Unpublished)
Interlocutory Order; Substantial Right; Petition for Writ of Certiorari; Rule 54(b) | |
| McInnis Constr. Co. v. Cnty. of Union (19-578 - Unpublished)
Interlocutory Order; Substantial Right; Petition for Writ of Certiorari; Rule 54(b) | |
| Novack v. Kosciuszko (19-383 - Unpublished)
premises liability; open and obvious | |
| Pace/Dowd Props., Ltd v. Cnty. of Union (19-580 - Unpublished)
Interlocutory Order; Substantial Right; Petition for Writ of Certiorari; Rule 54(b) | |
| Powell v. Hamilton (19-325 - Unpublished)
Child custody; joint custody; best interests determination | |
| S&S Fam. Bus. Corp. v. Clean Juice Franchising, LLC (19-264 - Unpublished)
mandatory forum selection clause, contract interpretation | |
| Saunders v. Crystal Springs Park, Inc. (19-526 - Unpublished)
failure to cite legal authority; frivolous appeal; dismissal of appeal; N.C.R. App. P. 25(b), 34(b)(1) | |
| Shea Homes, LLC v. Cnty. of Union (19-573 - Unpublished)
Interlocutory Order; Substantial Right; Petition for Writ of Certiorari; Rule 54(b) | |
| Shops at Chestnut, LLC v. Cnty. of Union (19-574 - Unpublished)
Interlocutory Order; Substantial Right; Petition for Writ of Certiorari; Rule 54(b) | |
| State v. Elliott (19-123 - Unpublished)
Denial of defense counsel's motion to withdraw; denial of motion to suppress; reasonable suspicion for pat-down; probable cause for search of cell phones | |
| State v. Espinosa (19-305 - Unpublished)
Conspiracy; Sufficiency of the evidence; Joinder | |
| State v. Hall (19-110 - Unpublished)
Forfeiture of right to counsel; pattern of serious misconduct; use of criminal history to impeach defendant's credibility | |
| State v. Mayfield (19-606 - Unpublished)
Excusing Witnesses, Voir Dire | |
| State v. McCormick (19-680 - Unpublished)
awdwikisi - motion to dismiss for insufficient evidence of intent to kill; jury instruction on flight | |
| State v. Sanders (19-248 - Unpublished)
child abuse; mitigating factor; sentencing; guilty plea | |
| State v. Stacy (19-465 - Unpublished)
Plain error; hearsay; assessment of costs for related charges; civil judgment for attorneys' fees | |
| State v. Taylor (19-593 - Unpublished)
Sixth Amendment challenge not preserved for appellate review; failure to specifically argue plain error in jury instructions did not preserve issue for appellate review | |
| State v. Watson (19-553 - Unpublished)
possession of a firearm by a felon; defendant's stipulation to being a convicted felon at the time he was charged with possession of a firearm was sufficient evidence of his status as a convicted felon; | |
| State v. Wilson (19-620 - Unpublished)
Plain Error, Jury Instruction | |
| True Homes, LLC v. Cnty. of Union (19-572 - Unpublished)
Interlocutory Order; Substantial Right; Petition for Writ of Certiorari; Rule 54(b) | |
| Zak v. Sweatt (19-440 - Unpublished)
Child custody modification; substantial evidence of change in circumstances affecting child's welfare since entry of prior order; denial of motion seeking recusal/reference of recusal motion to different trial judge; no abuse of discretion | |
|
Filed: 21 January 2020 Mandate: 10 February 2020 Zip File of Published Opinions Case Title / Description | |
| Common Cause v. Forest (18-870 - Published)
Swiftly enacted state legislation; constitutional challenge; meaning of Right to Instruct Clause | |
| Hampton v. Hearn (19-378 - Published)
medical malpractice; proximate cause; intervening negligence | |
| In re: H.D.H. (19-490 - Published)
Probation, Extension, Written Findings | |
| Lawrence v. Lawrence (19-668 - Published)
Petition to partition; reimbursement to co-tenant; statutes of limitations: NCGS 1-52(1) and NCGS 1-56; burden on summary judgment; presumption of validity of marriage; laches as an affirmative defense, NCGS 1A-1, Rule 8(c). | |
| Maness v. The Vill. of Pinehurst (19-157 - Published)
Unemployment benefits; ambiguous employee statements or actions; statutory meaning of left work | |
| State v. Campbell (18-998 - Published)
sufficiency of evidence for appellate review - motion to dismiss appeal; racial discrimination in use of peremptory challenges in jury selection - prima facie claim - Batson v Kentucky | |
| State v. Jones (19-281 - Published)
probation revocation; probationer's right to confrontation at revocation hearing | |
| State v. Meader (19-554 - Published)
(View Supreme Court Opinion) Voluntary Intoxication, Jury Instruction | |
| State v. Scott (19-250 - Published)
(View Supreme Court Opinion) Second-degree murder; NCGS 8-53; NCGS 90-21.20B(a1); malice; excessive speed; reckless driving. | |
| Unpublished Opinions 21 January 2020 - Rule 30e - Zip File of Unpublished Opinions Mandate: 10 February 2020 | |
| Anton v. Anton (19-549 - Unpublished)
will caveat; undue influence; interlocutory order does not affect substantial right; risk of inconsistent verdicts | |
| Berens v. Berens (19-306 - Unpublished)
child support; post-separation support; alimony; attorneys? fees; imputed income | |
| Clark v. US Airways, Inc. (19-707 - Unpublished)
Temporary total disability; change in conditions; attorney's fees; NCGS 97-88; bad faith. | |
| In re J.I. (19-86 - Unpublished)
Termination of Parental Rights; Ineffective Assistance of Counsel. | |
| In re Rieger (19-304 - Unpublished)
Guardian of the Estate Chapter 35A Transfer of venue | |
| In re V.T. (19-297 - Unpublished)
Visitation; Guardianship; Permanency planning order; Insufficient findings of fact. | |
| In re X.E.R. (19-233 - Unpublished)
termination of parental rights, likelihood of adoption | |
| In re Z.S.B. (18-1105 - Unpublished)
Termination of parental rights, findings of fact | |
| Lee v. Allen (19-265 - Unpublished)
child and spousal support; means to defray expense of defense; findings required for attorney's fee award; necessity of findings regarding litigant's assets or debts | |
| Paez v. Paez (18-1206 - Unpublished)
Separation agreement; Specific performance; Credit | |
| State v. Clyde (19-82 - Unpublished)
Second-degree murder; plain error; hearsay; improper closing argument; IAC; prior consistent statement; defendant's statments after Miranda waiver. | |
| State v. Davis (19-280 - Unpublished)
| |
| State v. Hall (18-1290 - Unpublished)
Flight instruction; Lesser included offense; Voluntary manslaughter. | |
| State v. Horne (19-249 - Unpublished)
Felony child abuse | |
| State v. Phifer (19-541 - Unpublished)
Illegal sentence; sentence after remand; NCGS 15A-1335. | |
| State v. Shell (19-146 - Unpublished)
possession with intent to sell or distribute methamphetamine; motion to suppress; consent to search; search and seizure | |
| State v. Thomas (19-399 - Unpublished)
bench trial; confrontation rights; second-degree burglary; sufficiency of the evidence | |
| State v. Washington (19-547 - Unpublished)
felony identity theft; name and date of birth; identifying information; In re Civil Penalty | |
| Wrubluski v. Wrubluski (19-467 - Unpublished)
child support; post-separation support; attorneys? fees; parenting agreement; child support arrearages | |
|
Filed: 7 January 2020 Mandate: 27 January 2020 Zip File of Published Opinions Case Title / Description | |
| Akshar Distribution Co. v. Smoky's Mart, Inc. (19-316 - Published)
Default judgment as Rule 37 discovery sanction; Rule 59 motion tolled period to notice appeal; argument to reverse default judgment unpreserved; retirement of trial judge rendered Rule 59 motion unreviewable below; Rule 59 motion denied | |
| Brown v. Fayetteville State Univ. (19-13 - Published)
Career State employee; After-acquired-evidence doctrine (McKennon rule); Procedural due process requirements. | |
| Causey v. Cannon Sur., LLC (19-27 - Published)
void confession of judgment; confession of judgment violated seizure order; N.C. Captive Insurance Act; judicial estoppel | |
| Copeland v. Amward Homes Of N.C., Inc. (18-1021 - Published)
(View Supreme Court Opinion) Negligence; Construction Equipment Roll-Away; Liability of Real Estate Developer; Theories of Legal Duty | |
| Deanes v. Deanes (19-120 - Published)
Child custody modification; Child support modification; Civil contempt | |
| Deminski v. The State Bd. Of Educ. (18-988 - Published)
(View Supreme Court Opinion) Constitutional right to Education, Leandro, DOT v. Charlotte-Mecklenburg Board of Education | |
| Gen. Fid. Ins. Co. v. WFT, Inc. (18-1103 - Published)
corporate fraud; fraudulent transfer; piercing the corporate veil; unfair and deceptive trade practices | |
| Griffin v. Absolute Fire Control (19-461 - Published)
(View Supreme Court Opinion) workers compensation; disability and suitability of substitute employment; makework | |
| In re: Harper (19-326 - Published)
standard of review; estate proceedings; special proceedings | |
| In re: Harper (19-327 - Published)
standard of review; estate proceedings; special proceedings | |
| In re: Lowe's Home Ctrs., LLC (19-125 - Published)
Property Tax; Revaluation; Misapplication | |
| In re: S.C. (19-333 - Published)
Protection of the Abused, Neglected, or Exploited Disabled Adult Act; petition for protective services; petition contents required | |
| Myers v. Myers (18-1210 - Published)
Expert Testimony, NC Rule of Civil Procedure 26, Alimony | |
| Nanny's Korner Day Care Ctr., Inc. v. NC Dep't of Health & Hum. Servs. (19-416 - Published)
exhaustion of administrative remedies; Tort Claims Act; statute of limitations | |
| Paynich v. Vestal (19-185 - Published)
child custody modification order; access to child's medical, school, and counseling records; supervised visitation in best interest of child | |
| State of NC v. Wasco, LLC (19-355 - Published)
res judicata; law of the case; impossibility of compliance with injunction; failure to join necessary party; untimely appeal from motion for reconsideration | |
| State v. Braswell (19-434 - Published)
sufficiency of prior record level evidence; discretionary writs; certiorari | |
| State v. Carter (19-44 - Published)
identity theft; motion to dismiss for insufficient evidence; jury instruction on false, contradictory, or conflicting statements | |
| State v. Crane (19-369 - Published)
driving while impaired; invited error | |
| State v. Hoque (19-134 - Published)
motion to dismiss for insufficient evidence; driving while impaired; resisting a public officer; possession of open container while driving; motion to suppress blood test results; officers' use of force during blood draw; body-camera recordings | |
| State v. Schalow (19-215 - Published)
(View Supreme Court Opinion) Third prosecution arising out of same alleged conduct; presumption of prosecutorial vindictiveness; joinable offenses; dismissal required | |
| Unpublished Opinions 7 January 2020 - Rule 30e - Zip File of Unpublished Opinions Mandate: 27 January 2020 | |
| Chappell v. Chappell (19-11 - Unpublished)
divorce; equitable distribution; classification; valuation | |
| Clement v. Cumberland Cnty. (19-414 - Unpublished)
Zoning Ordinance, Bona Fide Farm Exception, Administrative Remedies | |
| Conde v. Jessup (19-16 - Unpublished)
DMV; implied-consent offense; reasonable grounds | |
| Crop Prod. Servs., Inc. v. Pearson (19-260 - Unpublished)
Breach of warranty; negligent misrepresentation; summary judgment; expert opinion | |
| In re A.D.S. (19-258 - Unpublished)
injury to real property; juvenile delinquent adjudication; motion to dismiss for insufficient evidence | |
| In re D.B. (19-387 - Unpublished)
involuntary commitment; dangerous to self; serious physical debilitation | |
| In re K.A. (19-455 - Unpublished)
Juvenile, Adjudication, Right to Cross-examine | |
| Kanish, Inc. v. Taylor (19-482 - Unpublished)
Revocation and purchase contract; no acceptance by buyer; electronic signature statute, NCGS 66-315; jury's verdict; entry of default; jury instruction. | |
| Leftwich v. Morris (19-656 - Unpublished)
Interlocutory appeal; compulsory counterclaim; motion to amend; substantial right. | |
| Martin v. Irwin (19-559 - Unpublished)
personal jurisdiction; N.C.R. Civ. P. 60(b)(4); N.C.R. Civ. P. 4(j); insufficient service of process and personal jurisdiction | |
| Sikes v. Farrell (19-238 - Unpublished)
Medical Malpractice; Rule 9(j); Rule 12(b)(6); North Carolina Rules of Civil Procedure; Rule 41; voluntary dismissal; Rule 15; relation back; motion to amend complaint; statute of limitations; Rule 702; North Carolina Rules of Evidence negligence; standard of care; review by expert | |
| State v. Collier (19-174 - Unpublished)
second-degree murder jury instruction; sentencing classification | |
| State v. Curlee (19-451 - Unpublished)
Plain error, voluntary intoxication, malicious conduct by a prisoner | |
| State v. Davis (19-227 - Unpublished)
Harmless beyond a reasonable doubt Closing argument Improper Grossly improper | |
| State v. Garcia (19-360 - Unpublished)
ineffective assistance of counsel; absence of request for limiting instruction on use of 404(b) evidence; motion for appropriate relief | |
| State v. Hazelwood (19-121 - Unpublished)
Jurisdiction, Indictment | |
| State v. Hernandez-Gonzalez (19-448 - Unpublished)
NCGS § 7A-271, 272; NCGS § 15A-641(c); original jurisdiction of superior court to hear misdemeanor by presentment | |
| State v. Herring (19-221 - Unpublished)
Attempted firs-degree murder; prior corroboratory statements; Rule 404(b); contents of cell phone browsing history; sufficiency of indictment. | |
| State v. Hewitt (19-382 - Unpublished)
expert opinion of identity of controlled substance; plain error admitting expert testimony; clerical error in judgment | |
| State v. Jones (19-14 - Unpublished)
motion to dismiss, trafficking by possession, trafficking by transportation | |
| State v. Litaker (19-189 - Unpublished)
Motion to Dismiss, Causal Nexus, Possession of Firearm by Felon | |
| State v. Littlejohn (19-347 - Unpublished)
Dismissal; Preservation; Fatal Variance; Ineffective Assistance of Counsel | |
| State v. Locklear (19-487 - Unpublished)
injury to personal property; indictments; facial validity of indictments; fatal variance between indictment and evidence; sufficiency of factual basis for guilty plea | |
| State v. Lofton (17-716-2 - Unpublished)
motion to dismiss, sufficiency of the evidence, attempt to manufacture controlled substance | |
| State v. Martin (19-130 - Unpublished)
Court costs; Civil Judgment; Incomplete record | |
| State v. McCord (19-517 - Unpublished)
probation violation; sufficiency of grounds for revocation of probation; clerical error in judgment | |
| State v. Midgette (19-463 - Unpublished)
First-degree murder; felony murder; robbery with a dangerous weapon; motion to dismiss; limitation of cross-examination; Confrontation Clause, Rule 404(b); plain error review. | |
| State v. Mize (19-161 - Unpublished)
statutory rape; jury instruction on impeachment or corroboration by prior statement; no prejudicial error | |
| State v. Moore (19-301 - Unpublished)
Sale or Delivery of Marijuana; Arresting Judgment; Prior Record Level Stipulation | |
| State v. Moore (19-183 - Unpublished)
sentencing; remand | |
| State v. Myers (19-173 - Unpublished)
Carrying A Concealed Gun; Motion to Dismiss; Insufficiency of the Evidence; Operability; Jury Instruction; Plain Error | |
| State v. Patrick (19-571 - Unpublished)
legality of search of probationer; motion to suppress | |
| State v. Phoeun (19-190 - Unpublished)
custodial interrogation; Miranda warnings; motion to suppress | |
| State v. Simmons (19-519 - Unpublished)
Evidence, Mistrial, Prejudice, Improper Comment, Self Defense, Aggressor Doctrine | |
| State v. Webster (19-257 - Unpublished)
dismissing and replacing juror after jury has been empaneled; NCGS § 15A-1215(a); lay witness opinion testimony under Rule of Evidence 701 | |
| State v. Wheeler (18-1272 - Unpublished)
| |
| State v. Whitmire (19-550 - Unpublished)
absconded from probation; NCGS ? 15A-1343(b)(3a) | |
| State v. Williams (18-1130 - Unpublished)
willful violation of conditions of probation, aggravating factor, N.C.G.S. 15A-1022.1 | |
| Steele-Correll v. Price (19-551 - Unpublished)
N.C.R. Civ. P 60(b)(4), 4(j), (j2); abuse of discretion; default judgment; service of process; motion for relief from judgment | |
| Summit & Crowne Cap. Partners, LLC v. Korth Direct Mortg., LLC (19-413 - Unpublished)
Motion to Dismiss; Personal Jurisdiction; Loan broker commission; interlocutory order; substantial right; affidavits; opposing affidavits; verified pleading; parent company; alter ego; minimum contacts; contract formation; contractual relationship | |
| Tr. for TradeWinds Airlines, Inc. v. Soros Fund Mgmt LLC (19-356 - Unpublished)
Subject matter jurisdiction; contacts with state; piercing corporate veil; agency; default judgment; motions to dismiss | |