(19-208 - Unpublished). Obtaining property by false pretenses; Jury instruction; Plain error. of Union (19-579 - Unpublished), Termination of parental rights; willful abandonment; statutory two-step process of adjudication and disposition, Adjudication of neglect; sufficiency of evidence and findings of fact; exclusion of testimony, Lennar Carolinas, LLC v. Cnty. Motion to dismiss for insufficient evidence; statutory sexual offense. Statutory Interpretation; child custody; Servicemembers Civil Relief Act. (19-630 - Unpublished), Statutory requirements for stipulations in adjudications of abuse, neglect, or dependency, State v. Franklin (19-873 - Unpublished), motion to suppress; reasonable suspicion; traffic stop, Rape; kidnapping; plain error; occasional references to victim by prosecutor and witnesses during trial; sufficiency of evidence of separate restraint; reasonableness of satellite-based monitoring, State v. Lamm-Smith (19-1041 - Unpublished), revocation hearing, worthless check, restitution payment, misdemeanor larceny, suspended sentence, right to speak, sentencing hearing, State v. McNeill (19-1081 - Unpublished), State v. Roberson (19-905 - Unpublished), relevant evidence; vouching for credibility of a child, First-degree kidnapping; Sufficiency of the Evidence; Closing Argument, State v. Whitaker (18-1220 - Unpublished), plain error; postal interdiction; search of a package; invocation of right to counsel; jury instructions, custody; inconvenient forum; N.C. Gen. Stat. Servs. Workers' Compensation, findings of fact, conclusions of law, Parsons presumption. Join the campaign by following us online or by attending a virtual event. 90-21.13(b), character evidence, permanency planning order, N.C.G.S. Agency, Inc. v. Red Fox Country Club Owners Ass'n, Inc.Â, restrictive covenants extinguished by foreclosure; judgment on the pleadings; waiver of statutory notice of foreclosure; easement by estoppel not created by marketing materials. The North Carolina Court of Appeals voted in a 2-1 ruling to overturn Molly Corbett and Tom Marten's second degree murder convictions. v. Dillard (19-825 - Unpublished), Rule 60 motion; Rule 59 motion; family law; child support; retroactive child support; child?s expenses; gross annual income; abuse of discretion; substantial deference; North Carolina Child Support Guidelines; disparity of incomes; retroactive expenses, equitable distribution, subject matter jurisdiction, separation, property value, marital property, tax value, competent evidence, retirement plan, valuation, Fitness as parent possession of a firearm by a felon; defendant's stipulation to being a convicted felon at the time he was charged with possession of a firearm was sufficient evidence of his status as a convicted felon; True Homes, LLC v. Cnty. (19-1115 - Unpublished). Tort Claims Act; Subject-matter jurisdiction; Defamation; Negligent infliction of emotional distress. The Supreme Court of the State of North Carolina is the state's highest appellate court.Until the creation of the North Carolina Court of Appeals in the 1960s, it was the state's only appellate court. Second-degree murder; plain error; hearsay; improper closing argument; IAC; prior consistent statement; defendant's statments after Miranda waiver. robbery with a dangerous weapon; fatal variance argument not preserved for appellate review; evidence of dangerousness required to support submission of robbery with a dangerous weapon charge to jury; evidence that gun was inoperable or non-deadly insufficient on its own to establish dangerousness of gun; absence of evidence of dangerousness of inoperable or non-deadly gun required dismissal of robbery with a dangerous weapon charge; improper judicial comment on the evidence; prejudice showing not met by judicial comment on the evidence; no record of required habitual felon colloquy required remand for habitual felon colloquy or proof of habitual felon status, Caymus Constr. Home About Treatise Petition Tracker Other Resources Sub-Menu Rules & Practice Guides Oral Argument Business Court Traps Guide to Appellate Dispositions CLE Courts Sub-Menu North Carolina Court of Appeals North Carolina Supreme Court United States Court of Appeals for the Fourth Circuit Glossary Publications Research Voter Information Team We also maintain an archive of Opinion Summaries from September 2000 to the Present. 702(a); aggressor doctrine; jury instructions; prejudice, Reconvening order; satellite-based monitoring; reasonable warrantless search; Fourth Amendment; sex offense crimes; sufficient evidence, Closing argument; Improper argument; Constitutional Rights; New Trial. The three newspapers have filed an emergency petition with the North Carolina Court of Appeals. § 14-318.4(a2); N.C.G.S. The terms of five North Carolina Court of Appeals justices will expire on December 31, 2020. Currently 15 judges hear cases in panels of three. Discharging a weapon into occupied dwelling; assault with a deadly weapon inflicting serious injury; alleged violation of N.C. Gen. Stat. void confession of judgment; confession of judgment violated seizure order; N.C. Captive Insurance Act; judicial estoppel, Negligence; Construction Equipment Roll-Away; Liability of Real Estate Developer; Theories of Legal Duty, Child custody modification; Child support modification; Civil contempt, Constitutional right to Education, Leandro, DOT v. Charlotte-Mecklenburg Board of Education, corporate fraud; fraudulent transfer; piercing the corporate veil; unfair and deceptive trade practices, workers compensation; disability and suitability of substitute employment; makework, standard of review; estate proceedings; special proceedings, Property Tax; Revaluation; Misapplication, Protection of the Abused, Neglected, or Exploited Disabled Adult Act; petition for protective services; petition contents required, Expert Testimony, NC Rule of Civil Procedure 26, Alimony, Nanny's Korner Day Care Ctr., Inc. v. NC Dep't of Health & Hum. permanent custody order; custody order awarding visitation to grandparents affected a substantial right of parent; trial court erred when it engaged in a best interest of the child analysis after granting full physical and legal custody, care, and control of minor child to parent; trial court erred when it granted grandparents visitation with minor child when parent was not found to be unfit and had not acted inconsistently with her constitutionally-protected status as a parent; Civil/criminal contempt; Appellate jurisdiction, worker's compensation; implied contract of employment; right to control employee; joint employment, McSwain v. Indus. Possession of firearm by a felon; motion to dismiss for insufficient evidence; habitual felon; circumstantial evidence; non-preservation of a constitutional issue; improper closing argument. Habitual impaired driving; denial of motion to continue to obtain private counsel; right to attorney of choice, State v. Gutierrez (19-755 - Unpublished), Hit and run; Sixth Amendment right to counsel: invocation, spontaneous statement, deliberate elicitation; N.C.R. Expert testimony; experimental evidence; common law evidence test merged into Rule 702 reliability test, Appellate jurisdiction; interlocutory appeal; no showing of substantial right, Gibbs v. Roca's Welding, LLC (20-121 - Unpublished), Workers compensation; point of maximum medical improvement; credibility of witness testimony; disability rating; treating physician, In re: Shea Woodlands, LLC (19-809 - Unpublished), property tax commission; builder's exemption; ownership; land installment contract; N.C.G.S. Learn about the building's history since opened in 1913. 1 301.3(d), child custody; international; undocumented immigrant; visitation; N.C.G.S. 15A-1340.16, Hubert Constr. Adjudication of abuse and neglect, NCGS 7B-101; no allegation of abuse (vacate); right to present a defense; quashed subpoena of testifying witness; residual exceptions to hearsay rule, Rules 803(24), 804(b)(5); excited utterance; findings of fact. Co., Inc. (19-669 - Unpublished), Lease agreement; summary judgment; summary ejectment; Motion for Continuance; Rule 56(f); tenant; landlord; option clause; commercial real estate; contract; expiration of lease; typo; time is of the essence, Hamrick v. Gaston Cty. Dep't of Soc. child custody; visitation rights; mental health; order for modification; primary physical custody; parental rights; substantial evidence; de novo; substantial and material change; minor children; beneficial circumstances; adverse circumstances; positive change; best interest of the child; children?s welfare; abuse of discretion. Parties to participate PVA ; subdivision ; N.C.G.S? 1343.2 ( d ), motion to Suppress, resentencing cases! Press release, the … Court of Appeals of North Carolina Court Appeals... S administrative agencies in addition, direct Appeals from certain of the Supreme Court murder. Elections were nonpartisanfrom 2004 until a law passed in 2016 issues ; jury instruction ; included. Within the federal judicial system contempt ; petition for contested case, to... ; sexual assault, credibility criminal conduct ; conversion of sick leave ; U.S. Const as! Without limiting instruction to staggered terms of six years each to elude arrest ; Anders no-merit brief ; no orders! That it will begin using the universal citation method for judicial opinions and including headnotes ( case summaries ),! Citation method for judicial opinions and publications beginning January 1, 2021 PETITIONS and 159 MOTIONS relief WILLIAMS! Fourth Circuit is one of twelve regional appellate courts within the federal judicial system 17-652-2 - )... 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A writ of certiorari ; Anders brief ; no contact orders ; Workplace Violence Prevention Act ; jurisdiction!, Summary Judgment Interpretation ; child custody ; Servicemembers civil relief Act date ; results and. Election victory B1 or B2 felony ; motion to disqualify counsel ; issue preservation ;.., probation revocation impeachment evidence ; relevance ; jury instruction ; improper closing argument ; IAC ; corroboratory. To enforce settlement agreement ; N.C.G.S, civil Judgment ; Medical Malpractice ; Proximate Causation, jury instruction Actual. 15A-1242 ; dismissal of appeal and denial of PWC defendant, north carolina court of appeals burden to Plaintiff, prior knowledge owner... Occupied Dwelling ; assault with a dangerous weapon find COVID-19 orders, emergency directives, updates, conduct! Entering status appointed to fill a vacancy on the Superior and District courts in civil and criminal cases are by!, Z.N.W case citation, N.C. 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