Court of Appeals Slip Opinions
|
Filed: 7 May 2025 Mandate: 27 May 2025 Zip File of Published Opinions Case Title / Description | |
| Arrington v. Arrington (24-258 - Published)
attorney fees, interlocutory appeal, substantial right, significant sum of money | |
| Brown v. N.C. Dep't of Envtl. Quality (24-128 - Published)
Foresters; Sovereign Immunity; Overtime Wages; Legislative intent; Federal reimbursement; Third Party Beneficiary; Class certification; | |
| Carter v. Home2 Suites by Hilton Charlotte I-77 S. (24-804 - Published)
interlocutory; minimum contacts ruling; long-arm statute; Rule 12(b)(2); motion to dismiss; lack of personal jurisdiction; due process violation | |
| Du Plessis v. Du Plessis (24-434 - Published)
Alimony payments; child-support payments; overpayment credits; common-law unjust enrichment; equitable powers. | |
| Fine Line Homes, LP v. Luthra (24-1033 - Published)
N.C.G.S. §44A-12, lien claims, lien enforcement, the date of the last furbishing of labor or materials, motion to dismiss, pleadings, mechanic's lien, interlocutory order, substantial right, priority, creditors. | |
| Green v. Branch (24-183 - Published)
recusal, recusal without limitation, and authority to enter order | |
| In re: I.M.S. (24-807 - Published)
termination of parental rights; neglect; clear, cogent, and convincing evidence supports findings of fact; no challenge to best interest determination | |
| In re: T.S., III & M.S. (24-47-2 - Published)
Juvenile Code; Paramount Parental Rights; Award of Guardianship; Preservation of Constitutional Issues; As applied Challenges; | |
| N.C. Farm Bureau Mut. Ins. Co. v. Young (24-594 - Published)
Wrongful Death; Bench Trial; Declaratory Judgment; Construing Insurance Policy; Duty to Defend; Duty to Indemnify; “Employee”; “Volunteer”; | |
| Prevette v. Elsner (24-633 - Published)
Third-party standing; common-law restrictive covenants; real covenants; equitable servitudes. | |
| Riggan v. Andrews (24-649 - Published)
Child Custody, Motion to Appoint a Parenting Coordinator, Motion for Sanctions. | |
| State v. Brown (24-500 - Published)
Closing arguments; ex mero motu objection; abuse of discretion; gross impropriety; prejudicial error; privilege against self-incrimination; N.C.G.S. § 8-54. | |
| State v. Ducker (24-373 - Published)
Second Amendment; Felon in Possession; Facial Challenge; As-applied | |
| State v. Henderson (24-223 - Published)
absolute impasse, mistrial, preservation, ineffective assistance of counsel | |
| State v. Meadows (24-149 - Published)
Harbison violation; Ineffective Assistance of Counsel; Improper closing arguments. | |
| Thompson v. Cranfill, Sumner, & Hartzog, LLP (24-596 - Published)
Attendant care; statutory offset; disability compensation; failure to comply; industrial commission; due and payable; wage replacement; N.C. Gen. Stat. § 97-42. | |
| Unpublished Opinions 7 May 2025 - Rule 30e - Zip File of Unpublished Opinions Mandate: 27 May 2025 | |
| Crandall v. Manorfield Prop. Owners Ass'n, Inc. (24-781 - Unpublished)
Interlocutory; substantial right; Rule 54(b); no just reason for delay. | |
| Derkits v. Pitt Cnty. Mem'l Hosp., Inc. (24-158 - Unpublished)
Rule 12(b)(1); Rule 12(b)(6); Breach of Contract; Corum claim; Medical Resident Non-reappointment. | |
| Erie Ins. Exch. v. Strickland (24-111 - Unpublished)
motion for judgment on the pleadings, underinsured motorist coverage, notice | |
| Exec. Off. Park of Durham Ass'n, Inc. v. Rock (24-579 - Unpublished)
Claim of Lien; Foreclosure; Prior payments and credits; Required findings; Remand; | |
| Hilton v. Hilton (24-689 - Unpublished)
Alimony, dependent spouse, termination | |
| In re: A.R. & D.D. (24-895 - Unpublished)
termination of parental rights; N.C. Gen. Stat. § 7B-1111(a)(1)–(2); dispositional findings; best interests determination; lack of adoptive placement | |
| In re: B.O.R. (24-1019 - Unpublished)
Parental visitation; written order controls over orally rendered order; no direct contradiction between oral and written order | |
| In re: E.H.Y. (24-944 - Unpublished)
Termination of Parental Rights; Neglect; Willful Abandonment; Incarcerated Parent | |
| In re: M.J.B.M. (24-847 - Unpublished)
Termination of parental rights; adjudication; section 7B-1111(a)(2); reasonable progress under the circumstances in correcting the conditions which led to the removal of the juvenile | |
| In re: P.L.E. (24-676 - Unpublished)
Juvenile Code; Award of Guardianship; Preservation of Constitutional Issues; Motion for Visitation; | |
| In re: R.S.T. (24-526 - Unpublished)
Termination of Parental Rights; competent evidence | |
| In re: S.R. (24-591 - Unpublished)
abuse; substantial risk of harm; Rule 3.1. | |
| In re: T.P.A. (24-1054 - Unpublished)
Termination of parental rights; clerical error; motion to continue. | |
| Isaak v. N.C. Dep't of Envtl. Quality (24-510 - Unpublished)
Whistleblower claim; N.C. Gen. Stat. 126-85; competing motions for summary judgment; elements of prima facie case | |
| Ortiz v. Rivera (24-856 - Unpublished)
motion to modify child custody; motion to dismiss; Rule 12(b)(6); pleading; consent order; supervised visitation; unsupervised visitation; substantial change in circumstances; welfare of the minor child; de novo; light most favorable to nonmoving party; construe liberally; positive impact on welfare of child; lack of communication; wrongful interference with visitation | |
| Palmer v. Harte (24-932 - Unpublished)
Third-party custody action; trial court lacked subject-matter jurisdiction; N.C. Gen. Stat. 12(b)(1), 12(b)(6) dismissals | |
| State v Atkinson (24-684 - Unpublished)
Batson challenges; Sufficiency of the evidence to support conspiracy to commit murder; Sixth Amendment right to the effective assistance of counsel | |
| State v. Arenas (24-222 - Unpublished)
unanimous verdict, jury instructions, sentencing, clerical error | |
| State v. Bass (24-751 - Unpublished)
Hearsay; Rule 2; Search Warrant; Confidential Informant; Preservation; No error | |
| State v. Bethea (24-742 - Unpublished)
motion to dismiss; substantial evidence; surveillance; vehicle; possession of heroin; heroin by transportation; de novo; several criminal acts; separate offenses; circumstances of each case | |
| State v. Blackmon (24-975 - Unpublished)
possession of a firearm by a felon; substantial evidence; light most favorable; constructive possession; control and dominion; exclusive ; incriminating circumstances; proximity; control; awareness; presence; N.C.G.S. § 14-415.1; facially unconstitutional; Rule 2; exceptional circumstances; New York State Rifle & Pistol Association, Inc. v. Bruen, 597 U.S. 1 (2022); United States v. Canada, 123 F.4th 159 (2024); ineffective assistance of counsel; IAC; prejudice; reasonable probability | |
| State v. Collins (23-817 - Unpublished)
trafficking methamphetamine, maintaining a dwelling place for keeping and selling controlled substances, motion to suppress, motion to dismiss | |
| State v. Daniels (24-429 - Unpublished)
out-of-state conviction; waiver of right to counsel; serious injury. | |
| State v. Davis (24-595 - Unpublished)
Trafficking by Transportation; substantial evidence; substantial movement | |
| State v. Diaz-Rodriguez (23-979 - Unpublished)
speedy trial, expert witness testimony, plain error | |
| State v. Draughn (24-1070 - Unpublished)
Anders brief, driving while impaired, no merit, motion to suppress evidence, stipulation to an aggravating factor, ineffective assistance of counsel | |
| State v. Forte (24-950 - Unpublished)
PWC; prior-record level; clerical error. | |
| State v. Griffin (24-287 - Unpublished)
motion to dismiss, sufficiency of the evidence, deadly weapon, serious injury | |
| State v. Grizzel (24-132 - Unpublished)
Jury Instruction; Evidence; Relevance; Unduly Prejudicial; Plain Error; Harmless Error; Preservation | |
| State v. Harwell (24-492 - Unpublished)
involuntary manslaughter; evidence; clear and positive; lesser-included offense; instructional error; prejudice; malice; intent; intentional; discharge; occupied; automobile; likely; weapon; jury polling; preservation; objection; timely; waive | |
| State v. Haynes (24-720 - Unpublished)
Preservation; Constitutional Issue; Cruel and Unusual; Sentencing | |
| State v. Hinson (24-841 - Unpublished)
Motion to suppress; open plea; traffic stop; inquiries incident to traffic stop; marijuana odor; reasonable suspicion; sufficient findings. | |
| State v. Lampkins (24-1025 - Unpublished)
anders; fair sentencing act; second degree rape; guilty plea; consolidated sentencing | |
| State v. Lawrence (24-535 - Unpublished)
Motion to dismiss; discharging a firearm into an occupied dwelling; occupancy; separate and distinct acts; substantial evidence. | |
| State v. Lewis (24-773 - Unpublished)
Motion to Suppress; Motion to Dismiss for Discovery Violation; Armed Robbery and Kidnapping | |
| State v. Lindsey (24-163 - Unpublished)
penetration, evidence of prior conviction, motion to dismiss based on insufficient evidence, medical diagnosis hearsay | |
| State v. Martinezwelfel (24-351 - Unpublished)
plain error; Confrontation Clause; relevant evidence; vouching; medical examination | |
| State v. McKnight (24-238 - Unpublished)
supervised probation, probation violation report, probation revocation hearing, subject-matter jurisdiction, technical violations, abuse of discretion, motion to dismiss appeal, affirmed. | |
| State v. Newton (24-586 - Unpublished)
Substantial evidence; constructive possession; Schedule II controlled substance | |
| State v. Rego (24-883 - Unpublished)
Anders; Kinch; No Merit; Wholly Frivolous; Trafficking in Methamphetamine; Dismissed | |
| State v. Shore (24-113 - Unpublished)
probation revocation, willfully abscond, due process, ineffective assistance of counsel | |
| State v. Thompson (24-821 - Unpublished)
Ineffective assistance of counsel; IAC; prejudice; motion to dismiss; failure to object; N.C. Gen. Stat. Sec. 90-95(g); trial strategy; constructive possession; incriminating circumstances | |
| State v. Watson (24-201 - Unpublished)
first degree murder, motion to dismiss, motion to delay sentencing | |
| State v. Williams (24-378 - Unpublished)
abuse of discretion; motion for mistrial; plain error; Rule 404(b) | |
| Vaughan v. N.C. Dep't of Health & Hum. Servs. (24-733 - Unpublished)
Statute of Limitations; Tort Claims Act | |
| Wright v. Alston (24-721 - Unpublished)
Child Custody; Sufficient Findings of Fact; Child Relocation. |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 43 PETITIONS AND 399 MOTIONS.
|
|
Filed: 16 April 2025 Mandate: 6 May 2025 Zip File of Published Opinions Case Title / Description | |
| Icenhour v. Icenhour (24-601 - Published)
Modification of alimony; contempt; failure to pay alimony; substantial change; imputing income; and clerical error. | |
| In re: A.D.W. (24-868 - Published)
Adjudication; abuse; neglect; failure to provide medical care; serious physical injury; substantial risk. | |
| In re: K.E.P. (24-792 - Published)
abused and neglected juvenile; hearsay; business records; child welfare reports; statements for purposes of medical diagnosis or treatment; findings of fact | |
| In re: L.Q. (24-571 - Published)
termination of parental rights; ICWA; ICWA inquiry made at commencement of the proceedings to terminate parental rights; due process; compliance with N.C. Gen. Stat. 7B-1109; writ of mandamus | |
| Oates v. Berger (24-559 - Published)
N.C.G.S. § 103-2; facial challenge; summary judgment; rational basis review. | |
| Smith v. Lane (24-790 - Published)
Motion to dismiss; governmental immunity; interlocutory order; waiver of immunity. | |
| State v. Bryant (24-436 - Published)
Possession of Drug Parapheralia, substantial evidence, motion to dismiss | |
| State v. Peters (24-475 - Published)
implied consent, vehicle search, item on top of vehicle | |
| State v. Walker (24-615 - Published)
N.C. Gen. Stat. § 15A-1380.5; life imprisonment without parole; abuse of discretion; plain and definite meaning. | |
| State v. Watlington (23-1106 - Published)
first-degree felony murder; assault with a deadly weapon inflicting serious injury; jury instructions; voluntary manslaughter; rule of lenity; hit and run; N.C. Gen. Stat. 20-166; motion to dismiss; accessory after the fact; N.C. Gen. Stat. 14-7; fatal variance; ex mero motu | |
| Williams v. Cabrera (23-826 - Published)
domestic violence protection order, discretionary relief, abuse of discretion, bodily injury, incorporation, no prejudicial error, affirmed as modified. | |
| Unpublished Opinions 16 April 2025 - Rule 30e - Zip File of Unpublished Opinions Mandate: 6 May 2025 | |
| In re: M.H.B., J.C.B. (24-533 - Unpublished)
neglect, findings of fact, conclusions of law, termination of parental rights | |
| Kustra v. Griffing (24-766 - Unpublished)
interlocutory appeal; inconsistent verdicts; burden to present appropriate grounds. | |
| Melvin v. N.C. Dep't of the Sec'y of State (24-769 - Unpublished)
State Tort Claims Act; Rule 12(b)(6); motion to dismiss; North Carolina Industrial Commission | |
| State v. Boggs (24-470 - Unpublished)
Felony Murder; Armed Robbery; Possession of a Firearm by a Felon; Motion to Dismiss | |
| State v. Bohl (24-592 - Unpublished)
violation of domestic violence protective order, motion to dismiss | |
| State v. Bullock (24-469 - Unpublished)
Motion for postconviction DNA testing; N.C.G.S. §§ 15A-268, 269; evidence materiality | |
| State v. Drayton (23-1087 - Unpublished)
petition for writ of certiorari; plea agreement; transcript of plea; ineffective assistance of counsel; motion for appropriate relief; voluntary, knowing, and intelligent plea; dismissed without prejudice. | |
| State v. Duncan (24-501 - Unpublished)
first-degree murder; hearsay; subsequent conduct of declarant; photo identification lineup; impeachment; failure to show prejudice | |
| State v. Fishback (24-540 - Unpublished)
PWC; Civil Judgment; Attorneys' Fees; Notice; Opportunity to be Heard | |
| State v. Lotson (24-56 - Unpublished)
trial court; child abuse; character evidence; open the door; plain error; medical files; expert; testimony; failure to object | |
| State v. Parchment (24-580 - Unpublished)
jury instructions; invited error; unpreserved error; plain error; waived appellate review | |
| State v. Proctor (24-891 - Unpublished)
abuse of discretion; expert testimony; impairment; clerical error | |
| State v. Robinson (24-147 - Unpublished)
PWC; State commentary on failure to refute evidence; Rules of Evidence 403, 404, 602. | |
| State v. Robinson (24-735 - Unpublished)
Eyewitness Identification Reform Act; photo lineup; lay-testimony admission | |
| State v. Thompson (24-660 - Unpublished)
Writ of certiorari; premature notice of appeal; N.C. Gen. Stat. § 15A-1242; pro se defendant. | |
| State v. Walton (24-886 - Unpublished)
body-worn camera footage, N.C.R. Evid. 403, first degree murder, testimony objection, failure to preserve objection | |
| Stewart v. Brickman (24-710 - Unpublished)
Domestic Relations; Attorney Fees Award; American Rule; N.C. Gen. Stat. § 50-13.6 (2023). Required Findings; N.C. Rev. R. Prof. Conduct 1.5(a)-(b); Amount and Reasonableness of time spent; Failure to file timely affidavit |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 43 PETITIONS AND 399 MOTIONS.
|
|
Filed: 4 April 2025 Mandate: 16 April 2025 Zip File of Published Opinions Case Title / Description | |
| Griffin v. N.C. State Bd. of Elections (25-181 - Published)
Election Protests; Notice and Probable Cause; Residence; Eligibility to vote; Voter Identification; Help American Vote Act; Military and Overseas Voters; Curable Deficiency; Remedies; | |
| Unpublished Opinions 4 April 2025 - Rule 30e - Zip File of Unpublished Opinions Mandate: 16 April 2025 |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 43 PETITIONS AND 399 MOTIONS.
|
|
Filed: 2 April 2025 Mandate: 22 April 2025 Zip File of Published Opinions Case Title / Description | |
| Arrington v. Arrington (24-631 - Published)
Equitable distribution; distribution award; unequal distribution; N.C. Gen. Stat. Section 50-20(c) factors; classification and valuation of property; marital property; separate property; sufficiency of findings of fact and conclusions of law; abuse of discretion; entry of default. | |
| Bilfinger Inc. v. Cargill, Inc. (24-320 - Published)
Motion to compel arbitration; interlocutory appeal; substantial right | |
| In re: R.A.X. (24-743 - Published)
termination of parental rights, willful failure to make progress, safe and stable housing | |
| Inscoe v. Ishee (24-272 - Published)
Writ of Mandamus, North Carolina Department of Adult Correction, discretionary authority, separation of prisoners as to sex | |
| Intrepid Direct Ins. Agency v. Amerex Corp. (24-583 - Published)
pleading; misnomer; subject-matter jurisdiction; motion to dismiss; standing | |
| Richmond Cnty. Bd. of Educ. v. Folwell (24-827 - Published)
sovereign immunity, money judgment, claim for relief | |
| Shomette v. Needham (24-172 - Published)
Domestic Violence Protective Order, findings of fact, ultimate facts, recitations of evidence | |
| State v Capps (24-653 - Published)
felonious possession of stolen goods; preservation; offer of proof; motion to dismiss; constructive possession; incriminating circumstances | |
| State v. Ervin (24-650 - Published)
motion to dismiss; first-degree murder; premeditation; deliberation; relevancy; Rule 404(b); Rule 403; closing arguments; self-defense; excessive force | |
| Unpublished Opinions 2 April 2025 - Rule 30e - Zip File of Unpublished Opinions Mandate: 22 April 2025 | |
| Cowee Mountain Improvement Ass'n, Inc. v. Murrah (24-760 - Unpublished)
summary judgment; genuine issue of material fact; judgment as a matter of law; de novo; substantial evidence; declaratory judgment; setoff; recoupment; restrictive covenants; property; subdivision; association; assessments; maintenance; easement; agreement; implied in fact contract; consolidated case. | |
| Golden v. Argila (24-337 - Unpublished)
civil contempt; issues abandoned on appeal; findings of fact; ability to pay; willful disobedience | |
| Hamilton v. FedEx Ground Package Sys., Inc. (24-727 - Unpublished)
accord-and-satisfaction defense; Workers’ Compensation Act | |
| In re: J.M. (24-146 - Unpublished)
No merit brief, termination of parental rights, NC Rules of Appellate procedure 3.1(e) | |
| In re: K.F.M. (23-834 - Unpublished)
Subject Matter Jurisdiction; Termination of Parental Rights; Notice of Appeal; PWC; Verification; Termination Petition | |
| In re: K.M. & K.M. (24-593 - Unpublished)
preservation of appeal; constitutional right to parent; reunification efforts. | |
| In re: P.J. (24-155 - Unpublished)
3.1 case, termination of parental rights, abuse of sibling, N.C.G.S. § 7B-901(c)(1), In re L.N.H., 382 N.C. 536 (2022). | |
| In re: R.A.C. (24-768 - Unpublished)
Termination of parental rights; best interests; N.C. Gen. Stat. § 7B-1110(a) factors; abuse of discretion. | |
| In re: R.E., C.E., Jr. (24-782 - Unpublished)
Adjudication of neglect. Assuming challenged findings unsupported, unchallenged findings sufficient to support conclusion of improper discipline, care, supervision and injurious environment. | |
| Murrah v. Cowee Mountain Improvement Ass'n, Inc. (24-761 - Unpublished)
summary judgment; genuine issue of material fact; judgment as a matter of law; de novo; substantial evidence; declaratory judgment; setoff; recoupment; restrictive covenants; property; subdivision; association; assessments; maintenance; easement; agreement; implied in fact contract; consolidated case. | |
| Roberts v. Roberts (24-354 - Unpublished)
summary judgment; quiet title claim; latent ambiguity; extrinsic evidence | |
| State v. Bullock (24-94 - Unpublished)
Rule 702, plain error, first-degree forcible rape, first-degree forcible sex offense | |
| State v. Garlins (24-374 - Unpublished)
Restitution Award; Alford Plea; Statutory Right of Appeal; PWC | |
| State v. Hamilton (22-847-2 - Unpublished)
Remand; Preservation; Plain Error; Jury Instructions; Lesser Included Offense; Robbery with a Dangerous Weapon | |
| State v. Harvell (24-268 - Unpublished)
Motion to dismiss; substantial evidence; Obtain Property by False Pretenses | |
| State v. Hearne (24-998 - Unpublished)
Probation revocation, absconding, no clerical error. | |
| State v. Johnson (24-682 - Unpublished)
Sufficient evidence of trespassory taking; fatal variance; excluding testimony; defendant’s right to be heard during sentencing; imposition of attorney fees as a condition of post-release supervision; opportunity to be heard when awarding attorney fees; restitution; ineffective assistance of counsel | |
| State v. McBryde (24-657 - Unpublished)
Sexual assault of minor; improper expert vouching; characteristics consistent with abuse; sufficient foundation for expert testimony | |
| State v. Roberson (24-392 - Unpublished)
N.C.G.S. § 15A-1233; Assault by Strangulation; Assault on a Female | |
| State v. Roseman (24-629 - Unpublished)
prior record level points, petition for judicial notice. | |
| State v. Smith (24-642 - Unpublished)
right to counsel, voluntary waiver; knowing and intelligent, waiver form, mandatory inquiry, new trial | |
| State v. Stockwell (24-549 - Unpublished)
motion to suppress, traffic stop, oral findings | |
| State v. Watts (24-641 - Unpublished)
Improper closing arguments; Improper vouching; Jury requests. |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 43 PETITIONS AND 399 MOTIONS.
|
|
Filed: 19 March 2025 Mandate: 8 April 2025 Zip File of Published Opinions Case Title / Description | |
| Ayala v. Perry (24-251 - Published)
class action, motion to dismiss, personal jurisdiction, failure to state a claim, governmental immunity, substantial right, interlocutory appeal, jurisdiction, dismissed | |
| In re: A.J.B. (24-702 - Published)
termination of parental rights; N.C.G.S. 7B-1104 compliance; subject-matter jurisdiction | |
| In re: B.C. & I.C. (23-830 - Published)
abused and neglected juveniles; appropriate alternative child care arrangement; dependency adjudications vacated | |
| State v. Earley (24-386 - Published)
attempted first degree murder; assault with a deadly weapon with intent to kill inflicting serious injury; AWDWIKISI; error; plain error; grossly improper; closing argument; silence; shooting; handgun; Fifth Amendment; Miranda; prejudice; untimely objection; unpreserved error. | |
| State v. Fuller (24-471 - Published)
Right to counsel; Right to be present in courtroom; substantially similar offenses; Identity Theft | |
| State v. Johnson (24-816 - Published)
Anders brief; Prejudicial error; Written arguments; Record; Motion for substitute counsel; Self-representation; Admission of evidence; Speculation; Attorney fees; Notice; Opportunity to be heard. | |
| State v. McGirt (24-551 - Published)
Right to counsel, waiver of counsel, N.C.G.S. § 15A-1242, advising defendants on range of punishments, forfeiture of counsel, repeated firing of counsel. | |
| State v. Miller (24-72 - Published)
courtroom closure; Waller; threaten witness; discharge firearm in city limits; overriding interest; reasonable alternatives; no broader than necessary; right to a public trial | |
| State v. Parker (24-230 - Published)
Second Degree Murder; Aggravating factors; Possession of Firearm by a Felon; B1 Sentence; Comments on Silence; IAC Claims; Prejudice; | |
| State v. Rowland (24-274 - Published)
motion to dismiss; keeping or maintaining a dwelling for the keeping or selling of controlled substances; N.C. Gen. Stat. Sec. 90-108(a)(7); substantial evidence to support the element of keeping or maintaining | |
| State v. Wilson (24-442 - Published)
resentencing, prior record level | |
| State v. Windseth (24-718 - Published)
Business-records declaration; evidence authentication; lay testimony; ineffective assistance of counsel; N.C.G.S. 8-97; N.C.R.E. 901; N.C.R.E. 803 | |
| Weiss v. Cont'l Aerospace Techs., Inc. (24-701 - Published)
Product liability; Manual as separate product; pleading | |
| Zhang v. Cary Acad. (24-744 - Published)
12(b)(6); Pro Se; Breach of Contract; Parental Bill of Rights; Aiding and Abetting; Tortious Interference with a Contract | |
| Unpublished Opinions 19 March 2025 - Rule 30e - Zip File of Unpublished Opinions Mandate: 8 April 2025 | |
| Beacon Pointe Owners Ass'n, Inc. v. Corrigan (24-294 - Unpublished)
notice of appeal, certificate of service, Rule 3, Rule 26 | |
| Fehl v. Appalachian State Univ. (24-845 - Unpublished)
Office of Administrative Hearings; OAH; Administrative Law Judge; ALJ; interview; career-status employee; priority; back pay; salary range; de novo; whole record; arbitrary; capricious; whimsical; findings of fact; material facts; calculation; damages; abandoned on appeal | |
| In re: A-A.H-T. (24-530 - Unpublished)
Disposition order; abuse, neglect, dependency; abuse of discretion; case plan requirements; steps towards reunification; remedying conditions that led to juvenile's adjudication; injurious living environment; medical abuse; best interests of the juvenile. | |
| In re: B.M. & C.M. (24-728 - Unpublished)
termination of parental rights; neglected juvenile; legal guardianship; understand legal significance of appointment; abuse of discretion | |
| In re: E.B. (24-705 - Unpublished)
juvenile code; best interests; guardianship; visitation; permanency planning; ineffective assistance of counsel | |
| In re: J.F. (24-553 - Unpublished)
Award of custody to a non-parent; Permanency planning order; Required N.C. Gen. Stat. § 7B-906.2(d)(3) (2023) findings; Adequate Resources; | |
| In re: R.X.F., G.T.F., D.R.F. (23-547 - Unpublished)
termination of parental rights, findings of fact, N.C.G.S. 7B-111(a)(1) | |
| Muse v. Daimler Trucks N. Am. (23-1038 - Unpublished)
accident; industrial commission; discipline; workplace; inappropriate language; tort; findings of fact; conclusions of law; employee | |
| Sherrill v. Simpson (23-667 - Unpublished)
public official immunity, negligence, summary judgment | |
| State v. Bailey (24-324 - Unpublished)
Felony breaking or entering a motor vehicle; Felony larceny; Plain Error; Waiver; Confrontation Clause; Recorded Recollection | |
| State v. Evans (24-774 - Unpublished)
Anders brief | |
| State v. Hatcher (24-555 - Unpublished)
Trespass; Defense of Right; Ineffective Assistance of Counsel | |
| State v. Jackson (24-421 - Unpublished)
First-degree murder; robbery with a dangerous weapon; admissibility of rap lyrics; relevancy; unfair prejudice; probative value; balancing test; Rule 401; Rule 403; closing argument; ex mero motu; evidence to the jury room over objection; no prejudicial error. | |
| State v. Kempton (24-400 - Unpublished)
Voluntary manslaughter; motion to dismiss; de novo; perfect self-defense; substantial evidence; excessive force; severity of wounds on the victim; light most favorable to the State; waiver of objection to testimony; failure to object to similar testimony; no error. | |
| State v. Lawrence (24-558 - Unpublished)
resentencing jurisdiction, N.C.G.S. 15A-1335 | |
| State v. Mejia (24-216 - Unpublished)
Alford Plea; Petition for Writ of Certiorari; Clerical Errors; Remanded | |
| State v. Murphy (24-182 - Unpublished)
Intentional child abuse causing serious injury; Assault with a deadly weapon inflicting serious injury ; Custodial interrogation | |
| State v. Ollison (24-499 - Unpublished)
sua sponte, mistrial, curative instruction, prejudicial testimony | |
| Townsend v. N.C. Dep't of Adult Corr. (24-659 - Unpublished)
North Carolina Industrial Commission, negligence, subpoenas, evidence credibility. |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 43 PETITIONS AND 399 MOTIONS.
|
|
Filed: 5 March 2025 Mandate: 25 March 2025 Zip File of Published Opinions Case Title / Description | |
| In re C.A.D. (24-619 - Published)
termination of parental rights hearing; motion to continue; extraordinary circumstances; proper administration of justice | |
| In re: D.E. (24-289 - Published)
parental visitation rights, minimum frequency of visitation, best interests | |
| In re: D.R.W., Jr. (24-623 - Published)
termination of parental rights; findings of fact supported by clear, cogent, and convincing evidence; willful abandonment | |
| In re: Godfrey (24-100 - Published)
non-judicial foreclosure, ratification, equitable arguments | |
| In re: S.W. (24-737 - Published)
motion to dismiss, MTD, guardian ad litem, GAL, underlying juvenile case, subject matter jurisdiction, transfer venue, abeyance, prior pending action doctrine, continuing jurisdiction, exclusive jurisdiction, termination of parental rights, TPR, interlocutory appeal, de novo, abuse of discretion, Chapter 7B, Chapter 50, Rules of Civil Procedure, ends of justice, fair trial. | |
| Jay v. Jay (24-145 - Published)
DVPO; N.C.G.S 50B-1, 50B-3; findings of fact. | |
| Paradigm Park Holdings, LLC v. Global Growth Holdings, Inc. (24-482 - Published)
Summary judgment; contracts; waiver; unjust enrichment; breach of contract; implied waiver; commercial lease dispute. | |
| State v. Fearns (23-650 - Published)
preservation, Rule 63, motion to dismiss, pre-accusation delay | |
| State v. Griffin (24-156 - Published)
Jury selection; Juror; Alternate juror; Prospective juror; Empaneled; Venire; Panel; Jury pool; Statutory error; Prejudicial error; Challenge for cause; Statutory interpretation; Error per se; Structural error; Constitutional right; Fair and impartial jury; Unpreserved; Rule 2; Manifest injustice. | |
| State v. Rojas (24-690 - Published)
Sentencing; mitigating factors; failure to find mitigating factor; mental or physical condition; N.C.G.S. 15A-1340.16. | |
| State v. Ruffin (24-276 - Published)
Trafficking; plain error; identification of controlled substance; marijuana and hemp | |
| Ziegler v. Ziegler (24-536 - Published)
personal jurisdiction, sufficient minimum contacts, child custody, visitation, domestic violence, nonresident defendant, motion to dismiss for lack of personal jurisdiction. | |
| Ziegler v. Ziegler (24-539 - Published)
personal jurisdiction, sufficient minimum contacts, child custody, visitation, domestic violence, nonresident defendant, motion to dismiss for lack of personal jurisdiction. | |
| Unpublished Opinions 5 March 2025 - Rule 30e - Zip File of Unpublished Opinions Mandate: 25 March 2025 | |
| In re: J.C.M. (24-269 - Unpublished)
continuing jurisdiction, permanency planning, visitation | |
| In re: J.D.T.D., Z.H.D. (24-752 - Unpublished)
Termination of parental rights; relative placement; best interests of the children; abuse of discretion; Article 9 of the Juvenile Code; Article 11 of the Juvenile. | |
| In re: M.B. (24-694 - Unpublished)
Jurisdiction over juvenile actions under N.C. Gen. Stat. 7B-200 and 7B-401(b); transfer to Chapter 50 civil action under N.C. Gen. Stat. 7B-911(c)(2) | |
| In re: Ochsner (24-343 - Unpublished)
N.C.G.S. 132-1.4, criminal investigation disclosure, public records request | |
| In re: W.G., J.G., H.G. (23-775 - Unpublished)
Subject Matter Jurisdiction; Standing; UCCJEA; Home State Jurisdiction; Exclusive Continuing Jurisdiction; Verification Requirement; Termination of Parental Rights; Dependency; Ineffective Assistance of Counsel. | |
| Merritt v. S&S Mgmt. Grp., LLC (24-648 - Unpublished)
Attorney fees; N.C. Gen. Stat 6-21.5, 75-16.1, and 66-154(d); N.C. R. Civ. P. 11(a); findings to support reasonableness of amounts awarded | |
| State v. Dalton (24-662 - Unpublished)
petition for writ of certiorari; sentencing; clerical error; plea agreement; no error | |
| State v. Dunbar (24-747 - Unpublished)
felony fleeing to elude arrest; misdemeanor resisting, delaying, or obstructing a police officer; motion to dismiss; Rule 404(b); Rule 403; plain error; prior record level; jury instruction; pursuit; brightly-lit; flashlight; high beams; arrested judgment; preservation; failure to object; substantial evidence; abuse of discretion; indictment; aggravating factors; stipulation. | |
| State v. Fair (24-385 - Unpublished)
Expert vouching; expert witness use of "disclose" and "victim"; ineffective assistance of counsel | |
| State v. Morgan (24-575 - Unpublished)
guilty plea; due process; voluntarily and understandingly; direct consequences; sentencing; personal knowledge | |
| State v. Smith (24-517 - Unpublished)
Anders brief; clerical error; prior record level calculation | |
| State v. Wilson (24-885 - Unpublished)
sentencing error, calculation of prior convictions, N.C.G.S. § 15A-1340.21(b). |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 43 PETITIONS AND 399 MOTIONS.
|
|
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) - [Withdrawn by order of the Court] | |
| 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 43 PETITIONS AND 399 MOTIONS.
|
|
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 43 PETITIONS AND 399 MOTIONS.
|
|
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 | |