Supreme Court Opinions


Filed: 4 November 2022
Mandate: 28 November 2022
Zip File of Published Opinions
Headnote Index: 4 November 2022

Case Title / Description
Hoke County Bd. of Educ. v. State, (425A21-2 - Published) Author: Justice Robin Hudson
Whether, under extraordinary circumstances, the trial court properly ordered certain state actors to transfer available state funds to remedy an ongoing constitutional violation.
Dewalt v. Hooks, (165A21 - Published) Author: Justice Paul Newby
Whether the trial court abused its discretion in denying plaintiffs' motion for class certification under Rule 23 of the North Carolina Rules of Civil Procedure.
State v. Nunez, (255PA20 - Published) Author: Per Curiam
Whether the superior court abused its discretion by denying defendant's petition for writ of certiorari.
Townes v. Portfolio Recovery Assocs., LLC, (66PA21 - Published) Author: Per Curiam (View COA Opinion)
Whether defendant violated provisions of the Consumer Economic Protection Act of 2009.
State v. Hooper, (382A21 - Published) Author: Justice Sam Ervin IV (View COA Opinion)
Whether defendant properly preserved his challenge to the trial court's failure to instruct the jury concerning self-defense for purposes of appellate review; whether the trial court erred by rejecting defendant's request for an instruction concerning self-defense.
State v. Diaz-Tomas, (54A19-3 - Published) Author: Justice Michael Morgan
Whether a criminal defendant may compel a trial court or prosecuting authority to calendar and dispose of a criminal matter which has been dismissed with leave pursuant to statute when the dismissal-with-leave status affects the defendant's ability to exercise his driving privilege.
State v. Harvin, (485PA19 - Published) Author: Justice Michael Morgan (View COA Opinion)
Whether defendant forfeited his right to counsel by egregious misconduct.
Farmer v. Troy Univ., (457PA19-2 - Published) Author: Justice Anita Earls (View COA Opinion)
Whether a state-run Alabama university can open an office in North Carolina, recruit students for its on-line programs, and subsequently enjoy sovereign immunity when a North Carolina employee alleges and sues the university for sexual harassment.
State ex rel. Stein v. E.I. DuPont de Nemours & Co., (436A21 - Published) Author: Justice Anita Earls
Whether the Due Process Clause and North Carolina Law permit a court to establish personal jurisdiction over an out-of-state corporate defendant by imputing to it the conduct, debts, and liabilities of its predecessor company.
Taylor v. Bank of Am., N.A., (102A20-2 - Published) Author: Justice Tamara Barringer (View COA Opinion)
Whether the Court of Appeals erred by remanding the case to the trial court to make factual findings and conclusions of law in support of the trial court's order granting a motion to dismiss for failure to state a claim upon which relief can be granted pursuant to N.C. R. Civ. P. 12(b)(6).
State v. Bradsher, (13PA21 - Published) Author: Justice Tamara Barringer (View COA Opinion)
Whether the Court of Appeals erred by reversing defendant's conviction of felony obstruction of justice for insufficient evidence.
In re Foreclosure of a Lien by Exec. Off. Park of Durham Ass'n against Rock, (240PA21 - Published) Author: Justice Tamara Barringer (View COA Opinion)
Whether a condominium formed prior to the enactment of the North Carolina Condominium Act in 1985 has the power of sale for foreclosure pursuant to section 3-116 of that Act for nonpayment of an assessment that occurred after 1 October 1986.
In re L.N.H., (393PA20 - Published) Author: Justice Phil Berger Jr. (View COA Opinion)
Whether the trial court erred in admitting and considering witness reports of abuse, adjudicating a juvenile's dependency, and eliminating reunification efforts.
State v. Swindell, (294A21 - Published) Author: Justice Phil Berger Jr. (View COA Opinion)
Whether the trial court erred in denying defendant's request for a jury instruction on justification as a defense to the charge of possession of a firearm by a felon.

IN ADDITION TO THE ABOVE LISTED OPINIONS, THE COURT CONSIDERED 189 OTHER MATTERS. THE OTHER MATTERS MAY INCLUDE, BUT ARE NOT LIMITED TO, NOTICES OF APPEALS BASED UPON CONSTITUTIONAL QUESTIONS, PETITIONS FOR DISCRETIONARY REVIEW, PETITIONS FOR WRIT OF CERTIORARI IN DEATH CASES, DEATH STAYS, PETITIONS FOR WRITS OF CERTIORARI IN OTHER CRIMINAL AND CIVIL CASES, PETITIONS FOR WRITS OF SUPERSEDEAS, MOTIONS FOR TEMPORARY STAYS, PETITIONS FOR WRITS OF MANDAMUS, PETITIONS FOR WRITS OF HABEAS CORPUS, PETITIONS FOR WRIT OF MANDAMUS, MOTIONS FOR APPROPRIATE RELIEF, AND DIRECT APPEALS FROM DECISIONS OF THE JUDICIAL STANDARDS COMMISSION AND THE UTILITIES COMMISSION. THE COURT ALSO CONSIDERS MOTIONS FOR EXTENSIONS OF TIME AND MOTIONS TO AMEND ON A DAILY BASIS. SUCH "ROUTINE" MOTIONS ARE NOT INCLUDED IN THE PETITION LIST PUBLISHED BY THE COURT EACH MONTH.

Filed: 19 August 2022
Mandate: 8 September 2022
Zip File of Published Opinions
Headnote Index: 19 August 2022

Case Title / Description
In re M.B., (325A21 - Published) Author: Justice Robin Hudson
Whether the trial court erred in terminating respondent's parental rights for neglect and failure to show reasonable progress in correcting the conditions which led to removal under N.C.G.S. 7B-1111(a)(1) and (2).
Buckley, LLP v. Series 1 of Oxford Ins. Co., NC, LLC, (219A21 - Published) Author: Per Curiam
Affirming a business court order and opinion based on its proper application of the law of attorney-client privilege to communications with an outside law firm made in the course of investigation of alleged violations of company's sexual harassment policy.
Providence Volunteer Fire Dep't, Inc. v. Town of Weddington, (47PA21 - Published) Author: Justice Sam Ervin IV (View COA Opinion)
Whether the doctrine of governmental immunity shields a municipality from claims alleging that it fraudulently entered into contracts for fire protection services and for the acquisition of land used to provide such services; whether the doctrine of legislative immunity shields a mayor from a claim alleging that he fraudulently induced the town council to terminate contracts entered into for the provision of fire protection services.
Anderson Creek Partners, L.P. v. Cnty. of Harnett, (62PA21 - Published) Author: Justice Sam Ervin IV (View COA Opinion)
Whether 'capacity use' fees charged to residential property developers for the purpose of expanding and improving the county's water and sewage system as a precondition for the county's concurrence in a developer's application to the Department of Environmental Quality for a required water and sewer permit constitute monetary exactions subject to review under the 'unconstitutional conditions' doctrine.
PF Dev. Grp., LLC v. Cnty. of Harnett, (63PA21 - Published) Author: Justice Sam Ervin IV (View COA Opinion)
Whether 'capacity use' fees charged to residential property developers for the purpose of expanding and improving the county's water and sewage system as a precondition for the county's concurrence in a developer's application to the Department of Environmental Quality for a required water and sewer permit constitute monetary exactions subject to review under the 'unconstitutional conditions' doctrine.
Connette v. Charlotte-Mecklenburg Hosp. Auth., (331PA20 - Published) Author: Justice Michael Morgan (View COA Opinion)
Whether advanced practice registered nurses owe a statutory, professional duty of care to patients in the context of the planning of, collaboration on, and selection of a patient's treatment.
State v. Oglesby, (683A05-3 - Published) Author: Justice Anita Earls (View COA Opinion)
Whether a juvenile defendant received ineffective assistance of counsel during a resentencing hearing because counsel did not ask the court to run all of the defendant's sentences concurrently.
N.C. State Conf. of NAACP v. Moore, (261A18-3 - Published) Author: Justice Anita Earls (View COA Opinion)
Whether a General Assembly comprised of legislators elected pursuant to legislative districts that had been determined to be unconstitutionally racially gerrymandered possessed the authority to initiate the process for amending the North Carolina Constitution.
Miller v. Carolina Coast Emergency Physicians, LLC, (222PA21 - Published) Author: Justice Anita Earls (View COA Opinion)
Whether a motion to dismiss for failure to comply with Rule 9(j) should be assessed based on what the plaintiff reasonably believed at the time the Rule 9(j) certification was filed. Whether the Court of Appeals utilized the correct standard of review in examining whether certain evidence was properly admitted under Rule 702.
Nation Ford Baptist Church, Inc. v. Davis, (390A21 - Published) Author: Justice Anita Earls (View COA Opinion)
Whether the trial court could entertain any of the claims brought by the former pastor of a church who alleged he was improperly terminated by the church's Board of Directors, or whether doing so required the court to become impermissibly entangled with ecclesiastical matters in violation of the First Amendment.
Wing v. Goldman Sachs Tr. Co., N.A., (488PA20 - Published) Author: Justice Tamara Barringer (View COA Opinion)
Revocable trust; appellate jurisdiction, trial court's subject matter jurisdiction, and the trustee's duties and powers concerning trust litigation.
State v. Jones, (85PA20 - Published) Author: Justice Phil Berger Jr. (View COA Opinion)
Whether the trial court deprived defendant of his right to confront witnesses against him at defendant's probation revocation hearing.
State v. Gaddis, (306A21 - Published) Author: Justice Phil Berger Jr. (View COA Opinion)
Whether the trial court erred in denying defendant's motion for a transcript of a prior trial and motion to continue.

IN ADDITION TO THE ABOVE LISTED OPINIONS, THE COURT CONSIDERED 154 OTHER MATTERS. THE OTHER MATTERS MAY INCLUDE, BUT ARE NOT LIMITED TO, NOTICES OF APPEALS BASED UPON CONSTITUTIONAL QUESTIONS, PETITIONS FOR DISCRETIONARY REVIEW, PETITIONS FOR WRIT OF CERTIORARI IN DEATH CASES, DEATH STAYS, PETITIONS FOR WRITS OF CERTIORARI IN OTHER CRIMINAL AND CIVIL CASES, PETITIONS FOR WRITS OF SUPERSEDEAS, MOTIONS FOR TEMPORARY STAYS, PETITIONS FOR WRITS OF MANDAMUS, PETITIONS FOR WRITS OF HABEAS CORPUS, PETITIONS FOR WRIT OF MANDAMUS, MOTIONS FOR APPROPRIATE RELIEF, AND DIRECT APPEALS FROM DECISIONS OF THE JUDICIAL STANDARDS COMMISSION AND THE UTILITIES COMMISSION. THE COURT ALSO CONSIDERS MOTIONS FOR EXTENSIONS OF TIME AND MOTIONS TO AMEND ON A DAILY BASIS. SUCH "ROUTINE" MOTIONS ARE NOT INCLUDED IN THE PETITION LIST PUBLISHED BY THE COURT EACH MONTH.

Filed: 15 July 2022
Mandate: 4 August 2022
Zip File of Published Opinions
Headnote Index: 15 July 2022

Case Title / Description
In re K.N., (110A19-2 - Published) Author: Justice Robin Hudson
Appeal from an order terminating respondent's parental rights; whether the trial court erred by entering findings of fact and conclusions of law as a substitute judge despite not hearing the evidence.
In re M.C., (260A21 - Published) Author: Justice Robin Hudson
Appeal from an order terminating respondent-father's parental rights; whether the evidence supports the court's findings of fact and conclusions of law that grounds existed to terminate respondent-father's parental rights pursuant to N.C.G.S. 7B-1111(a)(3).
In re J.A.J., (269A21 - Published) Author: Justice Robin Hudson
Appeal from orders terminating respondent-mother's and respondent-father's parental rights under N.C.G.S. 7B-1111(a)(1)-(3), (6), and (7); whether the trial court erred by not appointing respondent-mother a guardian ad litem; whether the trial court's findings of fact support its adjudication of grounds to terminate respondent-father's parental rights under N.C.G.S. 7B-1111(a)(7); whether the trial court abused its discretion by determining it was in K.D.M.J.'s best interests to terminate respondents' parental rights.
In re J.C.J., (288A21 - Published) Author: Justice Sam Ervin IV
Appeal from an order terminating respondents' parental rights; whether the evidence supports the trial court's findings of fact and conclusions of law that grounds existed to terminate respondents' parental rights for failure to pay a reasonable portion of the cost of the care provided to the juveniles pursuant to N.C.G.S. 7B-1111(a)(3); whether the trial court abused its discretion in terminating respondents' parental rights.
In re R.L.R., (305A21 - Published) Author: Justice Sam Ervin IV
Termination of parental rights for neglect pursuant to N.C.G.S. 7B-1111(a)(1); whether the record evidence and the trial court's findings supported the trial court's conclusion that there was likelihood of future neglect; whether the trial court abused its discretion in determining that termination would be in the juvenile's best interests.
In re N.W., (348A21 - Published) Author: Justice Sam Ervin IV
Dismissal of petition to terminate parental rights for failure to prove that the parent's parental rights were subject to termination based upon abandonment pursuant to N.C.G.S. 7B-1111(a)(7).
In re B.E., (137A21 - Published) Author: Justice Michael Morgan
Termination of parental rights; whether the trial court erred by denying respondent-father's motion to continue; whether the trial court properly concluded respondents' parental rights were subject to termination under N.C.G.S. 7B-1111(a)(1).
In re J.D.O., (303A21 - Published) Author: Justice Michael Morgan
Termination of parental rights; lack of jurisdictional findings under N.C.G.S. 7B-1101; judicial notice of documents in the case file; adjudication of neglect under N.C.G.S. 7B-1111(a)(1); sufficiency of adjudicatory findings; likelihood of future neglect; cumulative error.
In re C.H., (176A21 - Published) Author: Justice Anita Earls
Whether the trial court erred in ceasing reunification efforts; whether the trial court made the required findings under N.C.G.S. 7B-906.2(d) to eliminate reunification from the permanent plan.
In re A.M.C., (341A21 - Published) Author: Justice Anita Earls
Termination of parental rights; whether the trial court erred by denying respondent's motion to continue.
In re M.R., (195A21 - Published) Author: Justice Phil Berger Jr.
Appeal from an order terminating respondent-mother's parental rights under N.C.G.S. 7B-1111(a)(1)-(2) and respondent-father's parental rights under N.C.G.S. 7B-1111(a)(1)-(3), (5), and (7) (2021); whether the trial court erred in determining that there was a likelihood of repetition of neglect if the children were returned to respondent-mother's care; whether the trial court abused its discretion in determining it was in the children's best interests that respondent-parents' parental rights be terminated.

Filed: 17 June 2022
Mandate: 7 July 2022
Zip File of Published Opinions
Headnote Index: 17 June 2022

Case Title / Description
State v. Killette, (379PA18-2 - Published) Author: Justice Robin Hudson (View COA Opinion)
Petition for writ of certiorari; whether the Court of Appeals is constrained by N.C. R. App. P. 21 in exercising its discretion to allow or deny the writ.
In re B.F.N., (261A21 - Published) Author: Justice Robin Hudson
Termination of parental rights; denial of petition for failure to prove ground for termination under N.C.G.S. 7B-1111(a); sufficiency of findings of fact and conclusions of law under N.C.G.S. 7B-1109(e), -1110(c)
Belmont Ass'n v. Farwig, (214A21 - Published) Author: Justice Robin Hudson (View COA Opinion)
Whether the Court of Appeals erred in interpreting provisions of N.C.G.S. 22B-20 and affirming the trial court's grant of summary judgment on that basis.
State v. Dover, (298A21 - Published) Author: Justice Paul Newby (View COA Opinion)
Whether the trial court properly denied defendant's motion to dismiss for insufficiency of the evidence.
Fund Holder Reps., LLC v. N.C. Dep't of State Treasurer, (45A21 - Published) Author: Per Curiam (View COA Opinion)
Whether the Court of Appeals erred in affirming the trial court's order affirming the Treasurer's declaratory ruling, which concluded that N.C.G.S. 116B-78(d) prohibits property finders from depositing checks into trust accounts for their clients.
State ex rel. Utils. Comm'n v. Virginia Elec., (477A20 - Published) Author: Justice Sam Ervin IV
Whether the decision of the North Carolina Utilities Commission to authorize the amortization of the costs of remediating coal ash waste to rates over a ten-year period while denying the Company the ability to earn a return on the unamortized balance of those costs was arbitrary and capricious.
Reynolds-Douglass v. Terhark, (43A21 - Published) Author: Justice Sam Ervin IV (View COA Opinion)
Whether a contract in which a buyer offers to purchase real property constitutes an evidence of indebtedness for purposes of N.C.G.S. 6-21.2 so as to entitle the prevailing party in an action to recover an earnest money deposit to an award of reasonable attorney's fees.
In re M.K., (186A21 - Published) Author: Justice Sam Ervin IV
Appeal from an order terminating parental rights for neglect pursuant to N.C.G.S. 7B-1111(a)(1); whether the record supports the trial court's findings of fact; whether the trial court's findings of fact support its determination that the juvenile had been neglected in the past and that the likelihood of repetition of future neglect was high.
In re A.A., (441A20 - Published) Author: Justice Michael Morgan
Standing to file a private termination of parental rights petition; abandonment as a ground to support termination; disposition.
State v. Conner, (64A21 - Published) Author: Justice Michael Morgan (View COA Opinion)
Whether imposition of two consecutive sentences which together make a juvenile defendant eligible for parole after forty-five years in prison constituted de facto life without parole in violation of the state or federal constitutions as applied to a juvenile offender found guilty of first-degree murder and first-degree rape and who the trial court determined was neither incorrigible nor irredeemable.
In re D.R.J., (147A21 - Published) Author: Justice Michael Morgan
Termination of parental rights; collateral attack of an initial custody determination prohibited on appeal of an order terminating parental rights; motion to terminate parental rights must provide sufficient notice of the alleged grounds; insufficient evidence and findings of fact to support termination of respondent-father's parental rights.
Bartley v. City of High Point, (359A20 - Published) Author: Justice Anita Earls (View COA Opinion)
Whether the Court of Appeals properly affirmed the trial court's partial denial of defendant's motion for summary judgment as to the claims against him in his individual capacity, finding genuine issues of material fact exist concerning whether defendant acted with malice when arresting plaintiff, thereby overcoming the presumption of public official immunity that would otherwise bar such claims against defendant.
State v. Kelliher, (442PA20 - Published) Author: Justice Anita Earls (View COA Opinion)
Whether imposition of two consecutive sentences of life with parole constituted de facto life without parole in violation of the state or federal constitutions as applied to juvenile offender found guilty of two counts of first-degree murder who trial court determined to be not incorrigible.
In re B.B., (24A21 - Published) Author: Justice Tamara Barringer
Termination of parental rights; jurisdiction; denial of motion to continue; adjudication of neglect pursuant to N.C.G.S. 7B-1111(a)(1); and ineffective assistance of counsel.
Keith v. Health-Pro Home Care Servs., Inc., (33A21 - Published) Author: Justice Tamara Barringer (View COA Opinion)
Whether the Court of Appeals erred by concluding that the trial court erred by denying defendant's motion for judgment notwithstanding the verdict and rejecting defendant's requested jury instruction.
Toshiba Glob. Com. Sols., Inc. v. Smart & Final Stores LLC, (181A21 - Published) Author: Justice Tamara Barringer
Personal jurisdiction; whether a nonresident defendant's contract has a substantial connection with North Carolina.
In re E.D.H., (207A21 - Published) Author: Justice Tamara Barringer
Termination of parental rights; whether termination order was properly entered pursuant to Rules 52 and 63 of the North Carolina Rules of Civil Procedure.
KNC Techs., LLC v. Tutton, (277A21 - Published) Author: Justice Tamara Barringer
Appeal of an interlocutory order of a business court judge pursuant to N.C.G.S. 7A-27(a)(3).
State v. Tripp, (27A21 - Published) Author: Justice Phil Berger Jr. (View COA Opinion)
Whether the trial court's findings of fact in its order denying defendant's motion to suppress were supported by competent evidence; whether the seizure and subsequent search of defendant was constitutional.

IN ADDITION TO THE ABOVE LISTED OPINIONS, THE COURT CONSIDERED 116 OTHER MATTERS. THE OTHER MATTERS MAY INCLUDE, BUT ARE NOT LIMITED TO, NOTICES OF APPEALS BASED UPON CONSTITUTIONAL QUESTIONS, PETITIONS FOR DISCRETIONARY REVIEW, PETITIONS FOR WRIT OF CERTIORARI IN DEATH CASES, DEATH STAYS, PETITIONS FOR WRITS OF CERTIORARI IN OTHER CRIMINAL AND CIVIL CASES, PETITIONS FOR WRITS OF SUPERSEDEAS, MOTIONS FOR TEMPORARY STAYS, PETITIONS FOR WRITS OF MANDAMUS, PETITIONS FOR WRITS OF HABEAS CORPUS, PETITIONS FOR WRIT OF MANDAMUS, MOTIONS FOR APPROPRIATE RELIEF, AND DIRECT APPEALS FROM DECISIONS OF THE JUDICIAL STANDARDS COMMISSION AND THE UTILITIES COMMISSION. THE COURT ALSO CONSIDERS MOTIONS FOR EXTENSIONS OF TIME AND MOTIONS TO AMEND ON A DAILY BASIS. SUCH "ROUTINE" MOTIONS ARE NOT INCLUDED IN THE PETITION LIST PUBLISHED BY THE COURT EACH MONTH.

Filed: 6 May 2022
Mandate: 26 May 2022
Zip File of Published Opinions
Headnote Index: 6 May 2022

Case Title / Description
State v. Delau, (30A21 - Published) Author: Justice Robin Hudson (View COA Opinion)
Whether the trial court committed prejudicial error by admitting certain testimony from an investigating police officer.
In re K.Q., (191A21 - Published) Author: Justice Robin Hudson
Termination of parental rights pursuant to N.C.G.S. 7B-1111(a)(1); whether the evidence and findings supported the conclusion that there was a likelihood of repetition of neglect.
State v. Robinson, (533A20 - Published) Author: Justice Robin Hudson (View COA Opinion)
Whether the trial court had a sufficient factual basis to enter judgment on multiple assault sentences from defendant's guilty plea.
Cunningham v. Goodyear Tire & Rubber Co., (465A20 - Published) Author: Justice Robin Hudson (View COA Opinion)
Whether the Court of Appeals erred in applying a de novo standard of review in reviewing findings of the Industrial Commission under the timely-filing requirement of N.C.G.S. 97-24 and reversing the Commission's dismissal of plaintiff's claim on that basis.
Blue v. Bhiro, (26A21 - Published) Author: Justice Paul Newby (View COA Opinion)
Whether the trial court considered matters outside the pleading and thus converted a Rule 12(b)(6) motion to dismiss to a Rule 56 motion for summary judgment.
State v. Boyd, (126PA20 - Published) Author: Per Curiam (View COA Opinion)
On discretionary review pursuant to N.C.G.S. 7A-31 seeking review of the sufficiency of defendant's indictment.
State v. Woods, (535A20 - Published) Author: Per Curiam (View COA Opinion)
Whether the Court of Appeals erred in finding no error in the trial court's denial of defendant's motion to dismiss and failure to instruct the jury on the statutory definition of 'registrant' pursuant to N.C.G.S. 90-87(25).
In re B.R.W., (310A21 - Published) Author: Justice Sam Ervin IV (View COA Opinion)
Whether the trial court's factual findings supported its legal conclusion that respondent-mother had acted inconsistently with her constitutionally protected status as a parent by ceding custody of her minor children to their paternal grandmother and whether the trial court appropriately applied the 'best interests of the child' standard in awarding guardianship to the paternal grandmother.
Cherry Cmty. Org. v. Sellars, (141PA20 - Published) Author: Justice Michael Morgan (View COA Opinion)
Whether, under common law agency tenets, a principal in a joint real estate development venture is imputed with the knowledge of a co-principal's intent to defraud creditors by way of an insider conveyance of real estate property that is the subject of a lawsuit filed by the co-principal's creditor.
In re A.N.H., (123A21 - Published) Author: Justice Anita Earls
Appeal from order terminating respondent's parental rights; termination of respondent's parental rights pursuant to N.C.G.S. 7B-1111(a)(1); neglect.
State v. Farook, (457PA20 - Published) Author: Justice Anita Earls (View COA Opinion)
On a motion to dismiss for a Sixth Amendment speedy trial violation, the State may not elicit privileged testimony from a criminal defendant's former attorney to justify the delay in the case. A criminal defendant can prove prejudice for purposes of his Sixth Amendment speedy trial claim under Barker v. Wingo by demonstrating actual or presumptive prejudice.
In re C.A.B., (138A21 - Published) Author: Justice Anita Earls
Whether the trial court violated respondent-father's constitutional rights when it denied his request for a continuance, preventing him from appearing at a hearing on a petition for termination of his parental rights because the federal prison where respondent-father was incarcerated was under lockdown due to the COVID-19 pandemic.
In re B.R.L., (141A21 - Published) Author: Justice Tamara Barringer
Termination of parental rights; adjudication of ground for termination based on neglect under N.C.G.S. 7B-1111(a)(1).
In re B.E.V.B., (328A21 - Published) Author: Justice Tamara Barringer
Termination of parental rights; adjudication of ground for termination of willful abandonment pursuant to N.C.G.S. 7B-1111(a)(7).
State v. Cobb, (28A21 - Published) Author: Justice Phil Berger Jr. (View COA Opinion)
Whether the trial court's order denying defendant's motion to suppress was insufficient to evaluate the constitutionality of the checking station.
In re L.A.J., (217A21 - Published) Author: Justice Phil Berger Jr.
Termination of parental rights; whether the trial court abused its discretion in denying respondent-mother's motion to continue the termination hearing.
In re S.D.C., (274A21 - Published) Author: Justice Phil Berger Jr.
Appeal from an order terminating respondent's parental rights; whether evidence supports the trial court's dispositional findings of fact; whether the trial court abused its discretion in concluding it was in the child's best interests to terminate respondent's parental rights.
In re J.N., (132PA21 - Published) Author: Justice Phil Berger Jr. (View COA Opinion)
Whether the Court of Appeals erred by holding that respondent-father failed to preserve his constitutional argument.

IN ADDITION TO THE ABOVE LISTED OPINIONS, THE COURT CONSIDERED 199 OTHER MATTERS. THE OTHER MATTERS MAY INCLUDE, BUT ARE NOT LIMITED TO, NOTICES OF APPEALS BASED UPON CONSTITUTIONAL QUESTIONS, PETITIONS FOR DISCRETIONARY REVIEW, PETITIONS FOR WRIT OF CERTIORARI IN DEATH CASES, DEATH STAYS, PETITIONS FOR WRITS OF CERTIORARI IN OTHER CRIMINAL AND CIVIL CASES, PETITIONS FOR WRITS OF SUPERSEDEAS, MOTIONS FOR TEMPORARY STAYS, PETITIONS FOR WRITS OF MANDAMUS, PETITIONS FOR WRITS OF HABEAS CORPUS, PETITIONS FOR WRIT OF MANDAMUS, MOTIONS FOR APPROPRIATE RELIEF, AND DIRECT APPEALS FROM DECISIONS OF THE JUDICIAL STANDARDS COMMISSION AND THE UTILITIES COMMISSION. THE COURT ALSO CONSIDERS MOTIONS FOR EXTENSIONS OF TIME AND MOTIONS TO AMEND ON A DAILY BASIS. SUCH "ROUTINE" MOTIONS ARE NOT INCLUDED IN THE PETITION LIST PUBLISHED BY THE COURT EACH MONTH.

Filed: 18 March 2022
Mandate: 7 April 2022
Zip File of Published Opinions
Headnote Index: 18 March 2022

Case Title / Description
In re T.B., (149A21 - Published) Author: Justice Robin Hudson
Termination of parental rights; whether the trial court erred in adjudicating the existence of neglect as grounds for termination of respondent-mother's parental rights; no-merit appeal by respondent-father.
In re A.L.I., (266A21 - Published) Author: Justice Paul Newby
Termination of parental rights; service of a summons upon a nonresident respondent-parent.
In re H.R.S., (227A21 - Published) Author: Justice Paul Newby
Termination of parental rights; whether the trial court abused its discretion in concluding that termination of parental rights was in the juvenile's best interests.
In re M.S.L., (215A21 - Published) Author: Justice Paul Newby
Appeal from order terminating respondent's parental rights; whether the trial court erred by terminating respondent's parental rights pursuant to N.C.G.S. 7B-1111(a)(1), (2), and (5).
In re L.D., (155A21 - Published) Author: Justice Paul Newby
Termination of parental rights; whether the evidence supports the trial court's findings of fact; whether the trial court properly concluded that respondent's parental rights were subject to termination under N.C.G.S. 7B-1111(a)(2).
In re J.C., (166A21 - Published) Author: Justice Michael Morgan
Termination of parental rights; standard of proof.
In re J.I.G., (154A21 - Published) Author: Justice Michael Morgan
Whether the trial court's findings of fact, when supported by clear, cogent, and convincing evidence, were sufficient to support the trial court's adjudication that grounds existed to terminate the parental rights of respondent.
In re S.M., (534A20 - Published) Author: Justice Anita Earls
Termination of parental rights; best interests determination; sufficiency of the evidence; abuse of discretion.
In re D.D.M., (249A21 - Published) Author: Justice Anita Earls
Termination of parental rights; whether the trial court erred in adjudicating the existence of neglect and willful failure to make reasonable progress in correcting the conditions that led to the juvenile's removal under N.C.G.S. 7B-1111(a)(1) and N.C.G.S. 7B-1111(a)(2).
In re A.E.S.H., (208A21 - Published) Author: Justice Anita Earls
Termination of parental rights; whether the trial court erred in adjudicating the existence of neglect, such that there was a probability that neglect would recur if the juvenile was returned to respondent-father's care, and willful failure to correct the conditions that led to the juvenile's removal under N.C.G.S. 7B-1111(a)(1) and N.C.G.S. 7B-1111(a)(2).
In re K.N.L.P., (301A21 - Published) Author: Justice Tamara Barringer
Whether the trial court abused its discretion when it concluded termination was in the juvenile's best interests.
In re D.I.L., (268A21 - Published) Author: Justice Tamara Barringer
Whether the trial court erred by determining that there was a substantial likelihood of repetition of neglect if the juvenile was returned to respondent's care.
In re V.S., (121PA21 - Published) Author: Justice Tamara Barringer
Termination of parental rights; adjudication of ground for termination based on neglect under N.C.G.S. 7B-1111(a)(1).
In re C.S., (90A21 - Published) Author: Justice Tamara Barringer
Termination of parental rights; whether the trial court erred by determining that there was a showing of past neglect and a probability of a repetition of neglect pursuant to N.C.G.S. 7B-1111(a)(1) and whether the trial court erred by determining that termination was in the child's best interests.
In re A.N.D., (113A21 - Published) Author: Justice Phil Berger Jr.
Appeal from order terminating respondent-father's parental rights; whether the trial court abused its discretion by concluding that termination of parental rights was in the children's best interests.

Filed: 11 March 2022
Mandate: 31 March 2022
Zip File of Published Opinions
Headnote Index: 11 March 2022

Case Title / Description
M.E. v. T.J., (18A21 - Published) Author: Justice Robin Hudson (View COA Opinion)
Whether the trial court had jurisdiction over plaintiff's complaint; whether plaintiff's constitutional argument was preserved for appeal; whether joinder of Legislature was necessary.
Ponder v. Been, (70A21 - Published) Author: Per Curiam (View COA Opinion)
Whether the Court of Appeals erred in reversing the trial court's denial of defendant's motion to dismiss for lack of personal jurisdiction.
Bishop v. Bishop, (65A21 - Published) Author: Per Curiam (View COA Opinion)
Whether the Court of Appeals erred by affirming the trial court's order modifying plaintiff's child support obligation; whether the Court of Appeals erred by affirming the trial court's order denying plaintiff's posttrial motions.
State v. Medlin, (246PA21 - Published) Author: Per Curiam (View COA Opinion)
Whether a condition imposed as a part of a defendant's probation or suspended sentence is reasonably related to the defendant's rehabilitation or violates the defendant's parental rights when the condition prohibits contact between the defendant and the victim of his crime, when the victim also happens to be the sole legal and physical custodian of the defendant's child.
Hope v. Integon Nat'l Ins. Co., (41A21 - Published) Author: Per Curiam (View COA Opinion)
Whether the Court of Appeals erred by affirming the trial court's dismissal of plaintiff's claims for unfair and deceptive trade practices and breach of the covenant of good faith and fair dealing.
State v. Benner, (133PA21 - Published) Author: Justice Sam Ervin IV (View COA Opinion)
Whether the trial court properly instructed the jury concerning the extent to which defendant was entitled to exercise the right of self-defense when he was assaulted in his own home.
State v. Alexander, (234PA20 - Published) Author: Justice Sam Ervin IV (View COA Opinion)
Whether the statutory procedures for post-conviction DNA testing are available to convicted defendants who entered guilty pleas; whether defendant made a sufficient showing of materiality to obtain the entry of an order providing for post-conviction DNA testing.
State v. Oldroyd, (260A20 - Published) Author: Justice Michael Morgan (View COA Opinion)
Whether an indictment for attempted robbery with a dangerous weapon which alleges that a defendant attempted to rob a defined group of individuals at a specific location on a particular date was sufficient to place the defendant on notice of the crime he is alleged to have committed and to protect the defendant from double jeopardy.
State v. Reid, (20PA19-2 - Published) Author: Justice Anita Earls
Whether the Court of Appeals improperly reweighed facts in reversing the trial court's order granting the defendant a new trial.
Lake v. State Health Plan for Tchrs. & State Emps., (436PA13-4 - Published) Author: Justice Anita Earls
State employee retirees' health insurance benefits were deferred compensation offered as part of an employment contract that can be modified by statute but cannot be substantially impaired. Plaintiffs' evidence failed to show that the plaintiff class as a whole suffered substantial impairment in their contractual rights.
In re Lennane, (3A21 - Published) Author: Justice Tamara Barringer (View COA Opinion)
Whether an individual's leaving work was attributable to his employer as required by N.C.G.S. 96-14.5 (2021) to avoid disqualification for unemployment benefits.
Button v. Level Four Orthotics & Prosthetics, Inc., (376A20 - Published) Author: Justice Phil Berger Jr.
Declaratory judgment; tortious interference with contract; personal jurisdiction.

IN ADDITION TO THE ABOVE LISTED OPINIONS, THE COURT CONSIDERED 126 OTHER MATTERS. THE OTHER MATTERS MAY INCLUDE, BUT ARE NOT LIMITED TO, NOTICES OF APPEALS BASED UPON CONSTITUTIONAL QUESTIONS, PETITIONS FOR DISCRETIONARY REVIEW, PETITIONS FOR WRIT OF CERTIORARI IN DEATH CASES, DEATH STAYS, PETITIONS FOR WRITS OF CERTIORARI IN OTHER CRIMINAL AND CIVIL CASES, PETITIONS FOR WRITS OF SUPERSEDEAS, MOTIONS FOR TEMPORARY STAYS, PETITIONS FOR WRITS OF MANDAMUS, PETITIONS FOR WRITS OF HABEAS CORPUS, PETITIONS FOR WRIT OF MANDAMUS, MOTIONS FOR APPROPRIATE RELIEF, AND DIRECT APPEALS FROM DECISIONS OF THE JUDICIAL STANDARDS COMMISSION AND THE UTILITIES COMMISSION. THE COURT ALSO CONSIDERS MOTIONS FOR EXTENSIONS OF TIME AND MOTIONS TO AMEND ON A DAILY BASIS. SUCH "ROUTINE" MOTIONS ARE NOT INCLUDED IN THE PETITION LIST PUBLISHED BY THE COURT EACH MONTH.

Filed: 14 February 2022
Mandate: 24 February 2022
Zip File of Published Opinions
Headnote Index: 14 February 2022

Case Title / Description
Harper v. Hall, (413PA21 - Published) Author: Justice Robin Hudson
Whether partisan gerrymandering claims are justiciable under the North Carolina Constitution and whether the 2021 Enacted Maps violated various rights established in the North Carolina Constitution.

Filed: 11 February 2022
Mandate: 3 March 2022
Zip File of Published Opinions
Headnote Index: 11 February 2022

Case Title / Description
Gift Surplus, LLC v. State ex rel. Cooper, (363A14-4 - Published) Author: Justice Robin Hudson
Whether the Court of Appeals erred in reversing the judgment of the trial court on the basis that plaintiffs' sweepstakes game violates N.C.G.S. 14-306.4.
State v. Pabon, (467A20 - Published) Author: Justice Robin Hudson (View COA Opinion)
Whether the trial court's admission of testimony that we assume arguendo violated defendant's rights under the Confrontation Clause and Rule 404(b) was prejudicial.
State v. Clegg, (101PA15-3 - Published) Author: Justice Robin Hudson (View COA Opinion)
Whether the trial court committed clear error in overruling defendant's Batson challenge.
State v. Clark, (286A20 - Published) Author: Justice Robin Hudson (View COA Opinion)
Whether the trial court committed plain error in permitting expert testimony that the victim was 'sexually abused' in the absence of physical evidence or in permitting testimony identifying the defendant as the perpetrator. Whether defendant received ineffective assistance of counsel on the face of the record.
In re K.M.S., (302A21 - Published) Author: Justice Paul Newby
Termination of parental rights pursuant to N.C.G.S. 7B-1111(a)(5) (2019); no-merit review pursuant to Rule 3.1(e) of the North Carolina Rules of Appellate Procedure.
New Hanover Cnty. Bd. of Educ. v. Stein, (339A18-2 - Published) Author: Justice Sam Ervin IV
Whether plaintiff's amended complaint sufficed to allege a claim for relief pursuant to N.C.G.S. 147-76.1.
Nay v. Cornerstone Staffing Sols., (409PA20 - Published) Author: Justice Sam Ervin IV (View COA Opinion)
Whether the Industrial Commission's calculation of the plaintiff's average weekly wages pursuant to N.C.G.S. 97-2(5) and its determination concerning whether that calculation produces results that are fair and just to both parties involve an issue of law or an issue of fact.
In re J.R.F., (36A21 - Published) Author: Justice Michael Morgan
Termination of parental rights; whether the trial court properly concluded respondent's parental rights were subject to termination under N.C.G.S. 7B-1111(a)(1); whether the trial court abused its discretion when it concluded termination was in the child's best interests.
State v. Crompton, (180A20 - Published) Author: Justice Michael Morgan (View COA Opinion)
Whether the probation violation reports entered in defendant's case sufficiently pleaded that defendant had absconded supervision; whether the trial court abused its discretion in revoking defendant's probation pursuant to a finding that defendant in fact absconded supervision.
In re A.K., (342A21 - Published) Author: Justice Michael Morgan
Termination of parental rights; no-merit brief.
State v. McLymore, (270PA20 - Published) Author: Justice Anita Earls (View COA Opinion)
Whether the trial court erred by instructing the jury that defendant would not be entitled to self-defense if the jury found that he was a felon in possession of a firearm at the time of the killing.
In re C.C.G., (59A21 - Published) Author: Justice Tamara Barringer
Whether the trial court erred by denying a motion to continue the termination hearing; whether the trial court complied with the requirements of the Indian Child Welfare Act; and whether the trial court erred by eliminating visitation in the permanency planning order.
State v. Tucker, (385PA20 - Published) Author: Justice Tamara Barringer (View COA Opinion)
Whether the Court of Appeals erred by reversing defendant's convictions for insufficient evidence.
In re G.D.C.C., (504A20 - Published) Author: Justice Tamara Barringer
Termination of parental rights; whether the trial court erred by determining that there was a likelihood of future neglect if the child was returned to respondent's care.
In re K.S., (60PA21 - Published) Author: Justice Phil Berger Jr. (View COA Opinion)
Review of Court of Appeals' decision addressing trial court's dismissal of a claim of neglect; de novo review.
Nobel v. Foxmoor Grp., LLC, (337A20 - Published) Author: Justice Phil Berger Jr. (View COA Opinion)
Business investments are not 'in or affecting commerce' under the North Carolina Unfair or Deceptive Trade Practices Act.

IN ADDITION TO THE ABOVE LISTED OPINIONS, THE COURT CONSIDERED 141 OTHER MATTERS. THE OTHER MATTERS MAY INCLUDE, BUT ARE NOT LIMITED TO, NOTICES OF APPEALS BASED UPON CONSTITUTIONAL QUESTIONS, PETITIONS FOR DISCRETIONARY REVIEW, PETITIONS FOR WRIT OF CERTIORARI IN DEATH CASES, DEATH STAYS, PETITIONS FOR WRITS OF CERTIORARI IN OTHER CRIMINAL AND CIVIL CASES, PETITIONS FOR WRITS OF SUPERSEDEAS, MOTIONS FOR TEMPORARY STAYS, PETITIONS FOR WRITS OF MANDAMUS, PETITIONS FOR WRITS OF HABEAS CORPUS, PETITIONS FOR WRIT OF MANDAMUS, MOTIONS FOR APPROPRIATE RELIEF, AND DIRECT APPEALS FROM DECISIONS OF THE JUDICIAL STANDARDS COMMISSION AND THE UTILITIES COMMISSION. THE COURT ALSO CONSIDERS MOTIONS FOR EXTENSIONS OF TIME AND MOTIONS TO AMEND ON A DAILY BASIS. SUCH "ROUTINE" MOTIONS ARE NOT INCLUDED IN THE PETITION LIST PUBLISHED BY THE COURT EACH MONTH.