Court of Appeals Slip Opinions
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Filed: 19 February 2025 Mandate: 11 March 2025 Zip File of Published Opinions Case Title / Description | |
| Fish v. Stetina (23-1115 - Published)
Alienation of affection, criminal conversation, law-of-the-case doctrine, issue preclusion, claim preclusion, res judicata, voluntary dismissal, punitive damages, summary judgment, out-of-state conduct, preservation, directed verdict | |
| Gardner v. Richmond Cty. (21-600-2 - Published)
(View Supreme Court Opinion) standing, motion to dismiss, declaratory judgment, special damages | |
| Hansley v. Hansley (24-267 - Published)
petition to partition real property; lack of personal jurisdiction; failure to require proof of service of the summons and petition; abuse of discretion in denying Rule 60(b) motion; N.C. Gen. Stat. 1-75.10 and 1-75.11 | |
| In re: G.B.G., R.J.W. (24-473 - Published)
Abuse, neglect, dependency; interlocutory; temporary disposition order; motion to strike brief of GAL; unsafe conditions; domestic violence; differing neglect adjudications; single petition for two minors | |
| In re: K.J.P.W. (24-497 - Published)
Rule 17 guardian appointment, willful abandonment, termination of parental rights. | |
| In re: X.I.F., J.R.F., C.D.F. (24-675 - Published)
termination of parental rights, willful abandonment, incarcerated respondent, neglect by abandonment | |
| State v Reaves (24-663 - Published)
Motion to dismiss; sufficiency of evidence; with a deadly weapon inflicting serious injury; serious physical injury; no error; province of the jury. | |
| State v. Belfield (24-640 - Published)
satellite-based monitoring; SBM; findings of fact; competent evidence; conclusion of law; legal accuracy; correct application; justify; conclusive; risk; assessment; Static-99; N.C.G.S. § 14-208.40B; additional evidence; additional findings; highest level; supervision; monitoring | |
| State v. Curtis (24-204 - Published)
petition for writ of certiorari; sentencing; mitigating factor; stipulation; defendant's request for a different judge on remand | |
| State v. Greenfield (23-597 - Published)
felony murder, jury instructions, double jeopardy, collateral estoppel, character evidence, closing arguments, opinion testimony | |
| State v. Nanes (24-487 - Published)
Felony possession of a firearm; facial challenge; as-applied challenge; Second Amendment; constitutionality; first-degree murder | |
| State v. Velasco (24-333 - Published)
First-degree forcible rape; First-degree forcible sexual offense; Sexual servitude of a child victim; Incest; Preserved Objections; Waiver; Plain Error; Flight; Jury Instructions; Aiding & Abetting; DNA Evidence; | |
| Unpublished Opinions 19 February 2025 - Rule 30e - Zip File of Unpublished Opinions Mandate: 11 March 2025 | |
| In re: A.W. (24-371 - Unpublished)
Juvenile; timely notice of appeal | |
| In re: C.C.B., A.L.B. (24-870 - Unpublished)
Termination of parental rights; no-merit brief; independent review of the record | |
| In re: J.D.S. (24-569 - Unpublished)
Termination of parental rights; cumulative error; grounds for termination; neglect; parental rights terminated as to another child; willful failure to make reasonable progress; proposed placement with relatives | |
| In re: L.M.H. (24-656 - Unpublished)
termination of parental rights; willful abandonment; incarcerated parent; six-month determinative period; temporary child custody order | |
| In re: R.S.M-M. (24-851 - Unpublished)
Termination of parental rights; no-merit brief; independent review of the record | |
| Oxford Hous. Auth. v. Church (23-917 - Unpublished)
federally subsidized housing, lease termination, notice, and grievance procedures | |
| State v. Barrett (24-597 - Unpublished)
prior conviction level; harmless error; misdemeanor assault; sentencing calculation; stipulation. | |
| State v. Bell (24-511 - Unpublished)
plain error review; N.C. R. Evid. 404(b). | |
| State v. Bliss (24-92 - Unpublished)
subject-matter jurisdiction, misdemeanor, district court, superior court, derivative jurisdiction, dismissed, second-degree trespass, charging instrument, district court judgment, First Amendment. | |
| State v. Boles (24-542 - Unpublished)
Choice of Counsel; Structural Error; Driving While Impaired; Possession of Marijuana. | |
| State v. Brewington (24-327 - Unpublished)
Revocation of probation; revocation of probation after probationary period; subject matter jurisdiction; good cause | |
| State v. Carr (24-423 - Unpublished)
restitution; attorney fees; larceny. | |
| State v. Curl (24-858 - Unpublished)
Anders, no-contest plea appeal (N.C.G.S. § 15A-1444), AWDWISI | |
| State v. Davis (24-275 - Unpublished)
Right to counsel; waiver by conduct; N.C.G.S. § 15A-1242 ; plain error review; N.C. R. Evid. 701. | |
| State v. Finger (24-495 - Unpublished)
probation revocation; no abuse of discretion; defrauding a drug test | |
| State v. Grier (24-383 - Unpublished)
Motion to dismiss; sufficiency of evidence; intent to defraud; obtaining property by false pretense; financial card theft; no error; evidence at trial sufficient. | |
| State v. Locklear (24-741 - Unpublished)
Anders; post-conviction DNA testing; no specific facts; no materiality | |
| State v. Long (24-531 - Unpublished)
First-degree murder; defense of others; sufficient evidence; jury instructions | |
| State v. Moore (24-585 - Unpublished)
Flee to Elude Arrest; Prior Convictions; Rule 404(b); Knowledge, Motive, Scheme,or Plan; Limiting Instructions; Possession of Controlled Substances; No showing of Prejudice; | |
| State v. Noblitt (24-860 - Unpublished)
Anders; judgment revoking probation; post-conviction proceedings; no prejudicial error; no non-frivolous issues | |
| State v. Pica (24-502 - Unpublished)
no plain error; opinion testimony; credibility and guilt; fundamental error; no prejudice; felonious possession; knowingly possessed | |
| State v. Robertson (24-356 - Unpublished)
motion to suppress; findings of fact; competent evidence; de novo; Fourth Amendment; search warrant; reasonable cause; sufficient particularity; magistrate; practical; common-sense; reasonable inferences; deference; plain error; prejudice; reasonable probability | |
| State v. Shipman (24-167 - Unpublished)
motion to suppress evidence, Fourth Amendment, Fifth Amendment, Seizure, custodial interrogation | |
| State v. Washington (24-529 - Unpublished)
Abuse of discretion; no error; undisclosed witness; surprise witness; Smith standard; witness list; N.C. Gen. Stat. § 15A-903. | |
| Sullivan v. Pender Cnty. (24-545 - Unpublished)
legal tender, Rule 60 motion, property taxes |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 35 PETITIONS AND 245 MOTIONS.
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Filed: 5 February 2025 Mandate: 25 February 2025 Zip File of Published Opinions Case Title / Description | |
| In re: D.E-E.Y., L.E.P., T.R.Y. (24-564 - Published)
right to counsel; termination of parental rights; motion to withdraw from representation; notice requirement; N.C. Gen. Stat. 7B-1101.1(a) | |
| In re: N.R.R.N. (24-403 - Published)
neglected juvenile, abused juvenile, prior abuse and neglect, verbatim recitations of petition's allegations | |
| In re: Z.A.N.L.W.C., K.E.N.S., J.J.A.W-S., H.O.J-W. (24-418 - Published)
termination of parental rights, jurisdiction, notice of appeal, proper party | |
| Roy v. Martin (24-428 - Published)
Domestic violence protection order, no good cause, no continued legitimate fear, lack of competent evidence. | |
| Se. Pub. Safety Grp., Inc. v. N.C. Dep't of Justice (24-191 - Published)
administrative law; de novo review; Company Police Act; jurisdiction; I-77 HOT Lanes Project; policing a public highway | |
| State v. Boyd (24-36 - Published)
Right to a speedy trial; motion to dismiss; Barker factors; juror misconduct; jury instructions. | |
| State v. Nobles (24-458 - Published)
juror misconduct; first-degree murder; impartial jury; abuse of discretion. | |
| State v. Spry (24-129 - Published)
Common Law Robbery; Kidnapping of a Minor; Voluntariness of Plea; Post Release Supervision; Sex Offender Registration; Collateral consequences; Direct consequences; MAR; Factual hearing; Remand; | |
| Unpublished Opinions 5 February 2025 - Rule 30e - Zip File of Unpublished Opinions Mandate: 25 February 2025 | |
| Anderson v. WMCI Charlotte II, LLC (24-476 - Unpublished)
Residential lease; statute of limitations; personal injury | |
| Cameron v. Newman (23-1120 - Unpublished)
Partition sale, Rule 59 motion; Rule 8 notice. | |
| In re: A.R.B. (24-515 - Unpublished)
3.1; termination of parental rights; willful abandonment; best interest determination. | |
| In re: I.G.J. (24-655 - Unpublished)
clear, cogent, and convincing evidence; findings of fact; binding; unchallenged; at least one ground; N.C.G.S. § 7B-1111(a)(1); neglect; neglected juvenile; prior adjudication; probability; likelihood; repetition; future neglect; case plan; sporadic; sustained | |
| In re: J.L.W. (24-620 - Unpublished)
Termination of parental rights, disposition, weight of required NCGS 7B-1110 findings | |
| In re: L.-A.S.N.-C. (24-622 - Unpublished)
No merit; termination of parental rights; neglected and dependent juvenile | |
| In re: L.L.A. (24-560 - Unpublished)
termination of parental rights; willful abandonment; incarceration; findings of fact; best interests; ineffective assistance of counsel | |
| In re: Z.C.H., K.D.A. (24-554 - Unpublished)
termination of parental rights, repetition of neglect, case plan | |
| Peter Millar, LLC v. Shaw's Menswear, Inc. (24-370 - Unpublished)
waiver of venue; motion for summary judgment; attorneys' fees; interlocutory appeal | |
| State v. Aguilar (24-457 - Unpublished)
Indecent Liberties; Sexual Offense with a Child; Motive for Cross Examination; Rule 404(b); Plain error; | |
| State v. Clark (23-1156 - Unpublished)
search warrant, sufficient probable cause, affidavit discrepancies | |
| State v. Davis (24-408 - Unpublished)
motion to suppress; preservation; invited error; ineffective assistance of counsel | |
| State v. Gause (24-576 - Unpublished)
Anders briefs; post-conviction DNA testing; no materiality; no justiciable issue; wholly frivolous appeal | |
| State v. Metcalf (24-415 - Unpublished)
Consecutive Probationary terms; N.C. Gen. Stat. § 15A-1346 (2023); State conceded error; Remand | |
| State v. Ward (24-574 - Unpublished)
Anders brief | |
| State v. Webb (24-625 - Unpublished)
indecent liberties with a child, motion to dismiss, sufficient evidence, witness credibility. |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 35 PETITIONS AND 245 MOTIONS.
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Filed: 15 January 2025 Mandate: 4 February 2025 Zip File of Published Opinions Case Title / Description | |
| Higgins v. Mendoza (24-140 - Published)
gross negligence; summary judgment; N.C.G.S. 20-145; public official immunity | |
| State v. Davenport (24-330 - Published)
First-degree murder; authentication; relevance | |
| State v. Middleton (24-252 - Published)
intentional child abuse inflicting serious bodily injury; felony-murder rule; sufficiency of the evidence; "inherently incredible" witness testimony; plain error review | |
| Warren v. Bonner (24-453 - Published)
jury voir dire; jury impanelment; civil litigation; peremptory challenge; judgment notwithstanding the verdicts; lack of jurisdiction; N.C. R. App. P. 3(d) | |
| Unpublished Opinions 15 January 2025 - Rule 30e - Zip File of Unpublished Opinions Mandate: 4 February 2025 | |
| Clark v. Clark (24-425 - Unpublished)
Premarital Agreement; Standard of proof | |
| In re: B.F., I.F. (24-175 - Unpublished)
permanency planning order; juvenile's best interests; challenged findings of fact; propensity for violence assessment; conditions of the home; completed components of case plan; no abuse of discretion | |
| In re: Myers (23-943 - Unpublished)
interlocutory appeal; motion for judicial recusal | |
| In re: P.G. & K.S.G. (23-1039 - Unpublished)
N.C.G.S. § 7B-1111(a)(1); N.C.G.S. § 7B-1110(a); N.C.G.S. § 7B-601(a). | |
| Myers v. Smoky Mountain Country Club Prop. Owners Ass'n, Inc. (23-854 - Unpublished)
interlocutory appeal; motion for judicial recusal | |
| Smoky Mountain Country Club Prop. Owners Ass'n, Inc. v. Dungan (24-548 - Unpublished)
Legal Malpractice; Motion for Summary Judgment; Preservation of Issue on Appeal | |
| State v. King (22-469-2 - Unpublished)
driving while impaired conviction; aggravating factors not found by a jury; reckless driving conviction; reconvening order. | |
| United Sewing Mach. Sales, LLC v. Digital Cutting Servs., Inc. (24-86 - Unpublished)
Tortious interference with contract; covenants not to compete; directed verdict; hearsay evidence | |