Appellate Court Opinions

Whether the repeal of the Racial Justice Act violated the North Carolina Constitution and the Constitution of the United States.

Whether plaintiff's proffered expert qualifies under Rule 702(b) to offer standard of care testimony; whether the trial court erred in awarding summary judgment to defendant for lack of evidence of proximate cause.

Defamation; First Amendment; was the jury's finding of actual malice supported by sufficient evidence; did the trial court err by instructing the jury on the issue of falsity; did the trial court err by failing to instruct the jury that it must find one of the statutory aggravating factors under N.C.G.S. 1D-15 in order to award punitive damages.

Whether the trial court abused its discretion by determining that plaintiff corporation's communications involving the purported agent of plaintiff's one-hundred percent shareholder are not privileged; whether the trial court abused its discretion by conducting a limited in camera review of documents to determine an issue of privilege.

Whether an affidavit submitted by an out-of-state party under N.C.G.S. 52C-3-315(b) must be notarized, or whether it simply may be sworn to under penalty of perjury.

Special Order.

Termination of parental rights; best interests; requirement of written findings under N.C.G.S. 7B-1110(a); existence of parental rights of second parent as a hindrance to permanent plan of adoption; availability of relative placement.

Termination of parental rights; whether the trial court erred by failing to comply with the notice requirements of the Indian Child Welfare Act.

Appeal from an order terminating respondent-father's parental rights pursuant to N.C.G.S. 7B-1111(a)(1)-(3), (7) (2019); whether the evidence supported the trial court-s findings of fact and whether the findings of fact supported its conclusion of law that respondent-father-s parental rights were subject to termination pursuant to N.C.G.S. 7B-1111(a)(7).

Appeal from termination of respondent-father's parental rights pursuant to N.C.G.S. 7B-1111(a)(1), (6)-(7) (2019); whether the trial court abused its discretion in concluding termination was in the best interests of the juveniles.

Termination of parental rights pursuant to N.C.G.S. 7B-1111(a)(1)?(3), (6)?(7) (2019); whether the trial court erred by eliminating reunification as a permanent plan.

Whether the Business Court properly dismissed a defendant's crossclaims following the dismissal of the plaintiff's claims against all defendants.

Appeal from conviction for assault with a deadly weapon inflicting serious injury and possession of a firearm by a felon; whether the evidence, although conflicting, was sufficient to satisfy defendant's burden to submit the issue of self-defense and the defense of habitation to the jury; whether the trial court erred by not instructing the jury on defendant's requested instructions.

Appeal from conviction for conspiracy to commit armed robbery with a dangerous weapon and felonious breaking or entering; whether the State presented sufficient evidence that defendant possessed the requisite felonious intent necessary to support his convictions.

Whether the repeal of the Racial Justice Act violated the North Carolina Constitution and the Constitution of the United States.

Whether defendant preserved all sufficiency of the evidence issues for appellate review when he identified only one element of the crime in his motion to dismiss at trial; whether defendant was properly deemed a teacher allowing him to be convicted of N.C.G.S. 14-27.7, criminalizing sexual activity with students.

Whether the State may prove the existence of a defendant's prior felony convictions by a method of proof other than those expressly set out in the Habitual Felons Act.

Whether the Industrial Commission erred by ordering subrogation of UIM proceeds under N.C.G.S. 97-10.2 that plaintiff was awarded in a South Carolina wrongful death settlement.