Supreme Court Slip Opinions
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Court of Appeals Opinions
Headnote Index for 2021
Case Summaries/Headnotes
Mandate: 6 January 2022
Zip File of Published Opinions
Headnote Index: 17 December 2021
Case Title / Description
Whether the trial court erred when it denied defendant's motion to continue based on a constitutional right and whether such error was harmless beyond a reasonable doubt.
Summary Judgment; Claims for Negligence, Negligent Misrepresentation, Fraud, and Breach of Fiduciary Duty; Nature and Scope of Duties Owed by Real Estate Agents.
Termination of parental rights pursuant to N.C.G.S. 7B-1111(a)(1), (3) (2019). No-merit review pursuant to Rule 3.1(e) of the North Carolina Rules of Appellate Procedure.
Underinsured Motorist Coverage; Calculation of Available Coverage to Individual Claimants for Injuries Occurring in a Multi-claimant Accident.
Termination of parental rights; adjudication of grounds for termination based on neglect under N.C.G.S. 7B-1111(a)(1); sufficiency of the evidence and findings to show a likelihood of repetition of neglect; whether the trial court misapprehended the law resulting in an abuse of discretion in its best-interests determination.
Whether the trial court order entering a judgment of guilty pursuant to N.C.G.S. 14-16.7(a) as inconsistent with the First Amendment.
Termination of parental rights pursuant to N.C.G.S. 7B-1111(a)(1)-(3); no-merit review.
Whether the Business Court properly valued shares held by dissenting shareholders consistent with the requirements of N.C.G.S. 55-13-01 et seq.
Trial court did not abuse its discretion in making best-interests determination pursuant to N.C.G.S. 7B-1110(a); findings on parent/child bond adequately supported by the record.
Sovereign Immunity; Charter Schools; False Claims Act.
Appeal from orders terminating parental rights and ceasing reunification in underlying neglect proceeding; whether the trial court properly terminated respondent's parental rights based upon N.C.G.S. 7B-1111(a)(8); whether the trial court properly ceased reunification efforts in underlying neglect proceeding based upon its decision to terminate respondent's parental rights.
Termination of parental rights; subject matter jurisdiction; undated verification of termination motion.
Termination of parental rights; no-merit brief.
Whether the Court of Appeals erred in reversing the trial court's order denying defendant's motion to dismiss because the circumstances warranted a presumption of prosecutorial vindictiveness and the prosecution failed to join the offenses under N.C.G.S. 15A-926 and State v. Warren, 313 N.C. 254 (1985).
Interlocutory appeal from order granting class certification; whether the trial court abused its discretion in certifying the classes.
Appeal from order terminating respondent's parental rights; termination of respondent' s parental rights pursuant to N.C.G.S. 7B-1111(a)(7); willful abandonment.
Termination of parental rights; whether the trial court abused its discretion in concluding termination of parental rights was in the juvenile's best interests.
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.
Termination of parental rights pursuant to N.C.G.S. 7B-1111(a)(1), (2), (3), (6), (7) (2019); no-merit review pursuant to Rule 3.1(e) of the North Carolina Rules of Appellate Procedure.
Termination of parental rights; adjudication of grounds for termination based on neglect under N.C.G.S. 7B-1111(a)(1).
Mandate: 29 November 2021
Zip File of Published Opinions
Headnote Index: 5 November 2021
Case Title / Description
Termination of parental rights pursuant to N.C.G.S. 7B-1111(a)(1) (2019); sufficiency of the evidence.
Termination of parental rights pursuant to N.C.G.S. 7B-1111(a)(2); whether respondent failed to make reasonable progress in correcting the conditions resulting in removal of the juvenile.
Termination of parental rights; dispositional determination under N.C.G.S. 7B-1110(a); whether trial court made sufficient findings about children's relationship with proposed permanent placements under N.C.G.S. 7B-1110(a)(5); whether evidence supports trial court's findings about lack of appropriate relative placement under N.C.G.S. 7B-1110(a)(6); whether trial court abused its discretion in concluding termination of respondent-mother's parental rights was in children's best interests.
Whether the trial court erred in concluding grounds existed to terminate parental rights pursuant to N.C.G.S. 7B-1111(a)(1); whether the trial court abused its discretion by concluding that termination of respondent-father's parental rights was in the juvenile's best interests.
Appeal from order terminating parental rights; termination of parental rights for failure to pay a reasonable portion of the cost of the child's care pursuant to N.C.G.S. 7B-1111(a)(3); whether the trial court abused its discretion by concluding that terminating respondents' parental rights was in the best interests of the juvenile.
Termination of parental rights; whether respondent's parental rights were subject to termination based on neglect; whether the trial court abused its discretion in determining that termination was in the minor child's best interests.
Appeal from order terminating respondent-father's parental rights pursuant to N.C.G.S. 7B-1111(a)(7), willful abandonment of the juvenile.
Private termination; appeal from an order terminating respondent's parental rights; whether the trial court committed prejudicial error by terminating respondent's parental rights when it failed to articulate the specific statutory grounds supporting termination under the 'conclusions of law' section of the termination order; whether the evidence supports the trial court's findings of fact and the findings of fact support its conclusion of law that grounds existed to terminate respondent's parental rights under N.C.G.S. 7B-1111(a)(1).
Termination of parental rights pursuant to N.C.G.S. 7B-1111(a)(1), (2) (2019). No-merit review pursuant to Rule 3.1(e) of the North Carolina Rules of Appellate Procedure.
Appeal from order terminating respondent's parental rights; whether the trial court properly terminated respondent's parental rights pursuant to N.C.G.S. 7B-1111(a)(7).
Termination of parental rights; adjudication of willful failure to pay a reasonable portion of the juveniles' cost of care under N.C.G.S. 7B-1111(a)(3); existence of a voluntary support agreement as evidence of respondent-parent's ability to pay an amount more than zero.
Termination of parental rights; whether the trial court operated under a misapprehension of law when it terminated respondent-mother's parental rights pursuant to N.C.G.S. 7B-1111(a)(2).
Appeal from order terminating respondent-father's parental rights pursuant to N.C.G.S. 7B-1111(a)(7), willful abandonment of the juvenile.
No-merit appeal pursuant to Rule 3.1(e) of the North Carolina Rules of Appellate Procedure from an order terminating parental rights pursuant to N.C.G.S. 7B-1111(a)(1), (2), (3), (6), and (7).
Termination of parental rights; no-merit brief.
Termination of parental rights pursuant to N.C.G.S. 7B-1111(a)(1), (3) (2019). No-merit review pursuant to Rule 3.1(e) of the North Carolina Rules of Appellate Procedure.
Termination of parental rights pursuant to N.C.G.S. 7B-1111(a)(1), (2), (6), (7) (2019). No-merit review pursuant to Rule 3.1(e) of the North Carolina Rules of Appellate Procedure.
Termination of parental rights; No-merit brief; Sufficiency of the evidence and the trial court's findings of fact to support the trial court's determination that respondent-mother's parental rights were subject to termination and the extent to which termination of respondent-mother's parental rights would be in the children's best interests.
Mandate: 18 November 2021
Zip File of Published Opinions
Headnote Index: 29 October 2021
Case Title / Description
Whether the Court of Appeals erred in affirming the trial court's award of final decision-making authority to defendant; whether the Court of Appeals erred in affirming the trial court's award of attorney's fees to defendant.
Whether a real estate developer has a duty to sequence development or conduct mass grading; whether a real estate developer has a duty to protect against the negligence of a third party.
Whether there is sufficient evidence of multiple assaults in the light most favorable to the State to submit the issue to the jury; whether there is sufficient evidence to establish that defendant used his hands, feet, or teeth as deadly weapons.
Whether the Georgia statutory rape statute under which defendant was previously convicted was substantially similar to North Carolina's statutory rape statute such that defendant's prior Georgia conviction could count as a higher penalty class for purposes of determining defendant's prior record level for sentencing.
Whether the trial court's order requiring defendant to submit to lifetime satellite-based monitoring once released from prison is constitutional when the determination as to whether the search effected by satellite-based monitoring is reasonable occurs decades before the search would likely take place.
Whether the Business Court erred by entering an order which refused to authorize payment of fees to an attorney who performed legal services for a receiver solely because the Business Court believed the attorney violated a prior order establishing the procedure for seeking authorization of fee payments. Whether an attorney for a receiver may recoup fees for work performed in relation to litigation arising from the trial court's prior denial of authorization to pay fees.
Whether clear and convincing evidence supported the trial court's conclusion that respondent willfully abandoned the juvenile pursuant to N.C.G.S. 7B-1111(a)(7) and whether the trial court failed to make findings of the likelihood of future neglect pursuant to N.C.G.S. 7B-1111(a)(1) in concluding grounds existed to terminate parental rights.
Appeal from order terminating respondent-father's parental rights; whether the trial court erred by terminating respondent-father's parental rights despite Department of Social Service's failure to verify a motion in the cause seeking termination of a father's parental rights pursuant to N.C.G.S. 7B-1104.
Appeal based on a dissent seeking review of the trial court's denial of defendant's motion to dismiss.
Appeal from orders terminating respondent's parental rights; whether respondent received ineffective assistance of counsel.
Whether the trial court committed harmless error when it declined to give defendant's requested self-defense instruction.
Whether the trial court erred when it certified a class based on a class certification motion filed after a summary judgment motion had been granted in plaintiff's favor.
Mandate: 14 October 2021
Zip File of Published Opinions
Headnote Index: 24 September 2021
Case Title / Description
Termination of parental rights pursuant to N.C.G.S. 7B-1111(a)(9) on the grounds that respondent had parental rights to a child previously terminated and lacked the willingness or ability to establish a safe home.
Termination of parental rights; whether the trial court erred by denying respondent's motion to continue; whether the trial court complied with the requirements of the Indian Child Welfare Act.
Appeal from order terminating respondents' parental rights; termination of respondents' parental rights pursuant to N.C.G.S. 7B-1111(a)(3); failure to pay for the cost of care for the juvenile; whether the trial court conducted the adjudicatory hearing under a fundamental misapprehension of the law.
Termination of parental rights for willful abandonment pursuant to N.C.G.S. 7B-1111(a)(7); whether the trial court made sufficient findings of fact to support the conclusion that grounds existed to terminate parental rights.
Whether a search effected by the imposition of lifetime satellite-based monitoring upon a defendant convicted of an aggravated offense pursuant to Section 14-208.6(1a) of the North Carolina General Statutes is reasonable under the Fourth Amendment; whether the imposition of satellite-based monitoring constitutes a general warrant in violation of the North Carolina Constitution.
Termination of parental rights for neglect pursuant to N.C.G.S. 7B-1111(a)(1); whether the findings of fact were supported by evidence and supported a likelihood of repetition of neglect.
No-merit appeal pursuant to Rule 3.1(e) of the North Carolina Rules of Appellate Procedure from an order terminating parental rights pursuant to N.C.G.S. 7B-1111(a)(1), (2), (6), and (9).
Termination of parental rights based upon neglect by abandonment pursuant to N.C.G.S. 7B-1111(a)(1), dependency pursuant to N.C.G.S. 7B-1111(a)(6), and abandonment pursuant to N.C.G.S. 7B-1111(a)(7).
Appeal from an order terminating respondents' parental rights; whether the evidence supports the trial court's findings of fact and whether the findings of fact supports its conclusion that respondent-mother's parental rights should be terminated pursuant to N.C.G.S. 7B-1111(a)(1) (2019); whether the trial court abused its discretion in concluding that it was in the children's best interests that respondent-father's parental rights be terminated.
Whether the Court of Appeals erred by allowing defendant's petition for writ of certiorari and invoking Rule 2 of the North Carolina Rules of Appellate Procedure to hear defendant's unpreserved challenge to the trial court's orders imposing lifetime satellite-based monitoring.
Termination of parental rights; subject matter jurisdiction; standing; whether petitioner had custody of the juvenile by order of a court of competent jurisdiction; determination of juvenile's best interests; whether the trial court acted under a misapprehension of law regarding the effect of respondent-mother's specific relinquishment of her parental rights.
Termination of parental rights; trial court's failure to state the standard of proof used to make adjudicatory findings of fact; insufficient evidence to support adjudication.
Termination of parental rights; adjudication under N.C.G.S. 7B-1111(a)(2); evaluating parent's progress at the time of the adjudicatory hearing rather than subsequent dispositional hearing; parent's refusal to sign DSS case plan; lack of court order requiring parent's compliance with case plan.
Appeal from order terminating respondent's parental rights; termination of respondent's parental rights pursuant to N.C.G.S. 7B-1111(a)(1); whether the trial court erred by excluding respondent's testimony at disposition; whether the trial court erred in the dispositional phase by failing to state the applicable standard of review.
Mandate: 16 September 2021
Zip File of Published Opinions
Headnote Index: 27 August 2021
Case Title / Description
Termination of parental rights; whether the trial court had subject matter jurisdiction to enter termination order; whether the trial court operated under a misapprehension of law that post-petition facts were irrelevant and unnecessary in terminating parental rights under N.C.G.S. 7B-1111(a)(1)-(2).
Whether the trial court erred in adjudicating grounds to terminate respondent's parental rights under N.C.G.S. 7B-1111(a)(1).
Termination of parental rights; whether the termination petition was filed by an individual or entity with standing; whether the trial court improperly relied solely on the termination petition when determining grounds existed to terminate respondent's parental rights; whether the trial court's findings of fact supported its conclusion that grounds for termination existed under N.C.G.S. 7B-1111(a)(1)-(3), (6).
Termination of parental rights; whether the trial court had subject matter jurisdiction over a petition to terminate parental rights where an order had previously been entered in another county establishing petitioner's guardianship of the child; whether the trial court failed to exercise its discretion to appoint the children a guardian ad litem under N.C.G.S. 7B-1108(c).
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.
Termination of parental rights pursuant to N.C.G.S. 7B-1111(a)(1)-(2), (5)-(7); no-merit review pursuant to N.C.R. App. P. 3.1(e).
Appeal from order terminating respondent's parental rights; termination of respondent's parental rights pursuant to N.C.G.S. 7B-1111(a)(2); willful failure to make reasonable progress.
Termination of parental rights pursuant to N.C.G.S. 7B-1111(a)(1)-(3), (6); no-merit review pursuant to Rule 3.1(e) of the North Carolina Rules of Appellate Procedure.
Order eliminating reunification from the children's permanent plan and subsequent order terminating father's parental rights for failure to make reasonable progress to correct the conditions which led to the removal of the children, pursuant to N.C.G.S. 7B-1111(a)(2), are affirmed where competent evidence supports the findings of fact and the findings support the conclusions of law.
Termination of parental rights; whether the trial court made sufficient findings to eliminate reunification from the permanent plan; whether DSS undertook reasonable efforts toward reunification; whether the evidence and the trial court's findings show respondent-mother willfully failed to pay a reasonable portion of the children's cost of care under N.C.G.S. 7B-1111(a)(3).
Compliance with N.C.G.S. 7B-1104(2); appeal from order terminating respondents' parental rights pursuant to N.C.G.S. 7B-1111(a)(4), (7).
Order terminating parental rights; whether the trial court's findings support its conclusion that grounds existed to terminate respondent's parental rights under N.C.G.S. 7B-1111(a)(2); whether the trial court complied with the requirements of the Indian Child Welfare Act.
Mandate: 2 September 2021
Zip File of Published Opinions
Headnote Index: 13 August 2021
Case Title / Description
Failure to provide name of co-conspirator in jury instructions; plain error review of jury instructions; overwhelming evidence to support guilt without naming co-conspirator in jury instructions.
Whether the Financial Responsibility Act permits a North Carolina resident who entered into an insurance contract in North Carolina to stack her own underinsured motorist coverage limits with the underinsured motorist coverage limits provided to the tortfeasor under an out-of-state insurance policy.
Whether the Court of Appeals erred in affirming the Property Tax Commission's conclusion that the County met its shifted burden of proving that its tax appraisal methodologies produced true values for the taxpayer's business personal property.
Review of Court of Appeals' decision addressing judgment entered after a bench trial pursuant to N.C.G.S. 1A-1, Rule 52(a)(1).
Whether the defendant was entitled to an evidentiary hearing on any of the claims asserted in his post-conviction motion for appropriate relief that were summarily dismissed by the trial court. Whether the trial court erred in denying the defendant's other claims after conducting a limited evidentiary hearing on certain claims and a full evidentiary hearing on other claims.
Whether State employees are entitled to sovereign immunity against claims of negligence, gross negligence, and wrongful death brought against them in their individual capacities, and whether complaint stated cause of action.
Defendant appeals from a judgment based on the trial court's alleged insertion of judicial opinion during its jury instructions which defendant argues prejudiced the jury enough to result in a new trial.
Whether reasonable suspicion--necessary to justify a warrantless Terry search of defendant and the area of his vehicle under his direct control--existed where the responding officer testified that, during a traffic stop in a high-crime area at night for a non-moving violation, defendant (1) held his hands outside the driver's window as officers approached his vehicle, (2) appeared nervous in his interactions with the officer, (3) was 'blading' his body when retrieving documentation from the center console, and (4) possessed a criminal record with violent crime and weapons charges.
Whether an out-of-state defendant's phone calls to the cell phone of a person he had no reason to know was physically present in North Carolina establish the minimum contacts sufficient to vest jurisdiction over defendant in North Carolina courts.
Whether the North Carolina Railroad Company is an agency or subdivision of the North Carolina government as that term is defined in the Public Records Act, N.C.G.S. 132-1.
Whether a criminal defendant forfeits their Fifth Amendment right to silence when they give pretrial notice of an affirmative defense under N.C.G.S. 15A-905(c)(1); whether the State is permitted to elicit testimony on a defendant's silence during its case-in-chief for the purposes of impeachment based solely on the defendant's pretrial notice of an affirmative defense.
When a cause of action accrues for reformation of a deed of trust based on mutual mistake and whether the parties intended a deed of trust to secure a promissory note.
Mandate: 8 July 2021
Zip File of Published Opinions
Headnote Index: 18 June 2021
Case Title / Description
Whether the trial court abused its discretion in determining that termination of respondents' parental rights was in the children's best interests.
Termination of parental rights; whether the trial court abused its discretion by allowing respondent-father's counsel to withdraw; whether the trial court abused its discretion by concluding that terminating respondent-mother's parental rights would be in the best interests of the juveniles.
Termination of parental rights; ineffective assistance of counsel.
Termination of parental rights; whether the trial court erred in concluding that respondent's parental rights were subject to termination under N.C.G.S. 7B-1111(a)(3) (2019).
Termination of parental rights pursuant to N.C.G.S. 7B-1111(a)(2); no-merit review.
Appeal from an order terminating respondent's parental rights; whether the trial court abused its discretion by failing to sua sponte conduct an inquiry into whether respondent should be appointed a guardian ad litem under Rule 17 of the North Carolina Rules of Civil Procedure; whether the evidence supports the trial court's findings of fact and whether the findings of fact support its conclusion that respondent's parental rights should be terminated pursuant to N.C.G.S. 7B-1111(a)(1) (2019); whether the trial court abused its discretion in concluding that it was in the children's best interests that respondent's parental rights be terminated.
Termination of parental rights pursuant to N.C.G.S. 7B-1111(a)(7) on the ground of willful abandonment.
Termination of parental rights; no-merit brief.
Mandate: 1 July 2021
Zip File of Published Opinions
Headnote Index: 11 June 2021
Case Title / Description
Impermissible vouching regarding a child's credibility/believability; continued use of the word 'disclose' constituting impermissible vouching; admission of domestic violence evidence; plain error.
Appeal pursuant to N.C.G.S. 7A-27(a)(3) from an order and opinion on defendants' Rule 12(b)(2) and Rule 12(b)(3) motions to dismiss.
Whether the Court of Appeals correctly held that the trial court did not commit reversible error by finding by clear and convincing evidence that respondent acted inconsistently with his constitutionally protected status as a parent.
Appeal pursuant to N.C.G.S. 7A-27(a)(3) from an order and opinion on Window World defendants' motions to compel and motion to strike plaintiffs' objections to third-party subpoenas, from an order and opinion on Window World, Inc.'s motion to compel net worth information, from an order and opinion on Window World defendants' motion for reconsideration, and from an order and opinion on plaintiffs' privilege motions, Window World defendants' motion to strike, and the parties' Rule 53(g) exceptions to the special master's report.
Order of censure for conduct that undermines public confidence in the integrity and impartiality of the judiciary; for allowing personal relationships to influence official judgment and conduct; for abuse of the prestige of judicial office; for improper ex parte communications; and for failure to diligently discharge judicial duties in violation of the Code of Judicial Conduct.
Respondent-parents appeal the termination of their parental rights.
Defendant petitions for review of the Court of Appeals decision holding that there was no error in his conviction of possession of a firearm by a felon arguing that the trial court failed to intervene ex mero motu to the State's misstatements during closing arguments.
Defendant was charged with speeding under N.C.G.S. 20-141(j1). Defendant appealed to the Court of Appeals arguing his waiver of his right to a jury trial was not knowing and voluntary under N.C.G.S. 15A-1201. Defendant appeals to this Court arguing the Court of Appeals erred when it held that he was not prejudiced by the trial court's error and that his waiver was knowing and voluntary.
Whether the Court of Appeals erred in holding the trial court properly denied defendant's motion to dismiss the charge of possession with intent to sell or deliver methamphetamine based upon the sufficiency of the evidence offered at trial.
Whether a gaming enterprise constitutes an unlawful sweepstakes in violation of N.C.G.S 14-306.4.
Whether the prosecutor's improper commentary during the State's closing arguments highlighting defendant's choice to plead not guilty prejudiced defendant; whether the Court of Appeals erred in ordering a new trial for defendant.
Whether an individual may bring a claim under the North Carolina Constitution for a school board's deliberate indifference to continual student harassment.
Whether the trial court properly granted defendant's motion to dismiss plaintiff's complaint.
Whether the First Amendment to the United States Constitution and Article I, Section 12 bar a lawsuit for tortious interference with prospective economic advantage based upon defendants' petitioning activity.
Sufficiency of the evidence to show that starvation proximately caused the decedent's death; whether a separate showing of malice is necessary to support a conviction for first-degree murder on the basis of starvation; and whether there was a fatal variance between an indictment charging negligent child abuse and the evidence upon which defendant's conviction rested.
Mandate: 13 May 2021
Zip File of Published Opinions
Headnote Index: 23 April 2021
Case Title / Description
Appeal from an order adjudicating juvenile a neglected and dependent juvenile; whether the trial court erred in failing to make reunification a part of the juvenile's permanent plan; appeal from an order terminating respondent-mother's parental rights based on neglect.
Termination of parental rights; whether the trial court's findings of fact are supported by clear, cogent, and convincing evidence; whether the trial court complied with the requirements of the Indian Child Welfare Act.
Termination of parental rights pursuant to N.C.G.S. 7B-1111(a)(1) on the grounds that there was a likelihood of future neglect.
Termination of parental rights; willful failure to make reasonable progress to correct the conditions which led to the children's removal from the home; trial court must consider parent's progress up to the date of the termination hearing; evidence did not show parent's failure to correct conditions was solely due to poverty.
Termination of parental rights pursuant to N.C.G.S. 7B-1111(a)(1)-(2) (2019); No-merit review pursuant to Rule 3.1(e) of the North Carolina Rules of Appellate Procedure.
Termination of parental rights; willful failure to make reasonable progress to correct conditions leading to the juvenile's removal from the home; reasonableness of respondent's progress.
Appeal from orders terminating respondents' parental rights; termination of respondents' parental rights pursuant to N.C.G.S. 7B-1111(a)(1); neglect; whether respondent-father received ineffective assistance of counsel.
Termination of parental rights pursuant to N.C.G.S. 7B-1111(a)(1); whether the trial court erred in denying respondent's counsel's motion to continue; whether the trial court erred in adjudicating the existence of neglect as a ground for termination.
Appeal from separate orders terminating respondent-father's parental rights to two children; whether the trial court lacked subject matter jurisdiction to conduct termination proceedings related to respondent-father's daughter while respondent-father appealed the adjudication and disposition orders in the underlying juvenile case; review of the no-merit brief and respondent-father's pro se arguments concerning the termination of respondent-father's parental rights to his son; termination pursuant to N.C.G.S. 7B-1111(a)(3); ineffective assistance of counsel.
Termination of parental rights; permanency planning; elimination of reunification from the permanent plan; failure to make findings required by N.C.G.S. 7B-906.2(d).
Termination of parental rights; whether the district court's findings of fact supported the termination of respondent-father's parental rights under N.C.G.S. 7B-1111(a)(7).
Termination of parental rights pursuant to N.C.G.S. 7B-1111(a)(1)-(2); no-merit review pursuant to Rule 3.1(e) of the North Carolina Rules of Appellate Procedure.
Termination of parental rights; whether findings of fact were sufficient to support a ground for termination of parental rights under N.C.G.S. 7B-1111(a)(2), failure to make reasonable progress; and whether the trial court abused its discretion by determining termination of parental rights was in the children's best interests.
Termination of parental rights pursuant to N.C.G.S. 7B-1111(a)(1)-(2); No-merit review pursuant to Rule 3.1(e) of the North Carolina Rules of Appellate Procedure.
Mandate: 6 May 2021
Zip File of Published Opinions
Headnote Index: 16 April 2021
Case Title / Description
Whether the Court of Appeals erred by not applying the standard for determining the existence of and showing of prejudice for a violation of the defendant's rights under the Constitution of the United States.
Defendant appeals the Court of Appeals' decision finding the trial court did not err in denying defendant's request for an instruction on voluntary intoxication.
Appeal based on a dissent seeking review of the trial court's review and permanency planning order which eliminated reunification.
In armed robbery case where co-defendants sought to sever trial, Court of Appeals erred by applying standard of error preservation for severance of offenses rather than severance of defendants.
Termination of parental rights; whether the district court made adequate findings of fact to support a termination of respondent-father's parental rights under N.C.G.S. 7B-1111(a)(2); whether the district court properly determined that termination of respondent-parents' parental rights under N.C.G.S. 7B-1110(a) was in the best interests of the children.
Order of suspension for improperly serving as executor for non-relatives' estates, collecting substantial fees for such service, and failing to properly report the income, in violation of the Code of Judicial Conduct.
Whether the trial court violated defendant's due process rights when it failed to hold a second hearing to examine his competency to proceed immediately prior to trial.
Whether the trial court abused its discretion in finding that two purchasers, the first of whom purchased a tract of real property at a nonjudicial foreclosure sale and the second of whom purchased the property from the initial purchaser, were not good faith purchasers for value.
Whether the evidence showed that defendant committed both assault with a deadly weapon with intent to kill inflicting serious injury and assault by strangulation.
Whether a landlord had a duty to protect a third party from harm caused by his tenants' dog.
Mandate: 8 April 2021
Zip File of Published Opinions
Headnote Index: 19 March 2021
Case Title / Description
Termination of parental rights; whether the trial court made adequate findings of fact to support a termination of respondent-mother's parental rights under N.C.G.S. 7B-1111(a)(1).
Termination of parental rights pursuant to N.C.G.S. 7B-1111(a)(2) on the grounds of respondent-mother willfully leaving the juveniles in foster care or placement outside the home for more than twelve months without showing to the satisfaction of the court that she had made reasonable progress under the circumstances in correcting those conditions which led to the juveniles' removal.
Private termination; appeal from an order terminating respondent-father's parental rights under N.C.G.S. 7B-1111(a)(7) (2019); whether the trial court's findings of fact are supported by clear, cogent, and convincing evidence; whether the trial court's findings of fact support its conclusion of law that grounds existed to terminate respondent-father's parental rights on the basis of willful abandonment.
Termination of parental rights pursuant to N.C.G.S. 7B-1111(a)(1), (3) (2019). No-merit review pursuant to Rule 3.1(e) of the North Carolina Rules of Appellate Procedure.
Termination of parental rights pursuant to N.C.G.S. 7B-1111(a)(1); incarceration as an indicator of future neglect.
Denial of motion to continue; whether the trial court erred by eliminating reunification as a permanent plan; whether the trial court erred in determining grounds existed to terminate parental rights related to neglect pursuant to N.C.G.S. 7B-1111(a)(1); whether the trial court abused its discretion by concluding that terminating respondent's parental rights was in the best interests of the juveniles.
Termination of parental rights pursuant to N.C.G.S. 7B-1111(a)(1)-(3); No-merit review.
Whether the trial court erred in adjudicating grounds to terminate respondent's parental rights under N.C.G.S. 7B-1111(a)(7); whether the trial court abused its discretion in determining termination of respondent's parental rights was in the children's best interests; whether respondent received ineffective assistance of counsel.
Whether the trial court erred in adjudicating grounds to terminate respondent's parental rights under N.C.G.S. 7B-1111(a)(7); whether the trial court abused its discretion in determining termination of respondent's parental rights was in the children's best interests; whether respondent received ineffective assistance of counsel.
Termination of parental rights under N.C.G.S. 7B-1111(a)(1), (2), (9); whether the trial court's failure to hold a termination hearing within the timing requirements of N.C.G.S. 7B-1109 constitutes reversible error.
Termination of parental rights; whether the trial court made adequate findings of fact to support a termination of respondent-mother's parental rights under N.C.G.S. 7B-1111(a)(2).
Termination of parental rights pursuant to N.C.G.S. 7B-1111(a)(7) (2019). No-merit review pursuant to Rule 3.1(e) of the North Carolina Rules of Appellate Procedure.
Mandate: 1 April 2021
Zip File of Published Opinions
Headnote Index: 12 March 2021
Case Title / Description
Notice requirement for accrual of statute of limitations period for breach of contract; applicability of statute of limitations to declaratory judgment actions; whether nominal damages supported punitive damages and claims for breach of fiduciary duty and constructive fraud; notice and hearing requirements prior to judicial dissolution; derivative claims.
Appeal pursuant to N.C.G.S. 7A-27(a)(3) from an order and opinion on plaintiffs' verified motion for order to show cause and second motion for sanctions and contempt and an order and opinion on plaintiffs' petition for reasonable expenses resulting from plaintiffs' second motion for sanctions.
Whether a notice of lease termination provided to a tenant of public housing by a public housing authority stated specific grounds for termination as required by 24 C.F.R. 966.4(l)(3)(ii) (2019).
Whether the trial court erred in excluding testimony relevant to defendants' claim that they acted in self-defense.
Defendant appeals the Court of Appeals' opinion affirming the trial court's sex offender registration order under N.C.G.S. 14-202(l) arguing that the evidence failed to show he was a 'danger to the community.'
Appeal from order terminating respondent-mother's parental rights pursuant to N.C.G.S. 7B-1111(a)(1), (2), (3), (6), and (7).
Whether the record contained sufficient evidence that defendant acted with deceit and an intent to defraud to support her conviction for felonious obstruction of justice.
Appeal from an order terminating respondent-father's parental rights pursuant to N.C.G.S. 7B-1111(a)(1) and (7) (2019); whether the evidence supports the trial court's findings of fact and whether the findings of fact support its conclusions of law that respondent-father's parental rights were subject to termination on the basis of both grounds for termination.
Whether the Court of Appeals employed the proper standard of review; whether plaintiff established disability; whether plaintiff was capable of suitable employment.
Whether a series of local acts provided the City of Concord with the authority to levy water and wastewater connection fees for services to be furnished; whether the trial court properly granted summary judgment for the City of Concord.
Whether the Court of Appeals erred by reversing and remanding the opinion and award of the North Carolina Industrial Commission dismissing plaintiff's workers' compensation claim with prejudice for failure to prosecute.
Whether the Court of Appeals' majority erred in affirming the trial court's order ruling that the record contained no evidence of the Arbitration Agreement between the parties; whether the Court of Appeals' majority erred in affirming the trial court's order ruling that the Admission Agreement and the Arbitration Agreement were in conflict with each other.
Whether the trial court had subject matter jurisdiction under N.C.G.S. 7B-1101 in a termination of parental rights proceeding.
Contempt of court; whether the trial court abused its discretion in imposing conditions of probation it deemed reasonably necessary for defendant's rehabilitation.
Mandate: 25 February 2021
Zip File of Published Opinions
Headnote Index: 5 February 2021
Case Title / Description
Termination of parental rights; no-merit review.
Appeal from an order terminating respondent's parental rights; termination of respondent's parental rights pursuant to N.C.G.S. 7B-1111(a)(1), (4), (6); neglect; willful failure to pay child support; dependency.
Trial court did not err by permitting respondent's guardian ad litem, an attorney, to assist respondent's appointed attorney at trial by conducting some examinations and performing similar acts.
Whether a statute which created a private right of action confers standing to sue for that statutory 'injury.'
Termination of parental rights; neglect under N.C.G.S. 7B-1111(a)(1); probability of future neglect; sufficiency of findings.
Termination of parental rights; whether the trial court abused its discretion in determining termination was in the juvenile's best interests.