Appellate Court Opinions

Jury selection; N.C. Gen. Stat. § 15A-1214(g); peremptory strike; N.C. Gen. Stat. § 15A-1214(h); challenge for cause; voir dire; challenge after impanelment; ineffective assistance of counsel; IAC

Willfulness mens rea; voluntary-intoxication defense; jury instructions; prejudicial error.

Ineffective assistance of counsel; rule 2; second degree murder; recordation; closing arguments; defense counsel; request; prejudice; mandatory; permissive; N.C. Gen. Stat. § 15A-1241

motion to suppress; waiver of appellate review; Miranda; unpreserved constitutional argument; motion to dismiss

Competency; Capacity; Indigent defendant; N.C. Gen. Stat. § 7A-450; Motion to compel discovery; Self-representation; pro se; N.C. Gen. Stat. § 15A-1242; Range of permissible punishments.

Motion to dismiss, contributing to the abuse of a juvenile, failure to discharge duties of office

Attempted first degree murder;
Jurisdiction of Trial Court;
Rule 404(b);
Ineffective Assistance of Counsel;
Trial strategy;
Consolidated Judgments;
Aggravating Factors;

aggressor doctrine; N.C. Gen. Stat. section 14-51.2; N.C. Gen. Stat. section 14-51.3; N.C. Gen. Stat. section 14-51.4; defense of another.

Sixth Amendment right to counsel; no voluntary waiver of counsel; forfeiture of counsel.

trust; testamentary exception; attorney-client privilege

no abuse of discretion, attorney discipline, order of discipline, Disciplinary Hearing Commission, suspension

Products Liability Act; sealed container defense

motion to compel arbitration, summary judgment, breach of contract, choice of law, forum selection clause, contract interpretation, de novo, affirmed.

Child custody;
Adjudicate evidence;
Required findings;
Best interest of child;
Parent relocating to foreign jurisdiction;
Ramirez-Barker factors;

equitable distribution, divisible property, required findings

child support order; "closed" docket entries; error in treating temporary child support order as a permanent child support order; deviation from presumptive start date of the child support obligation; deviation from Child Support Guidelines; no abuse of discretion by imputing business expenses based on most recent verified financial information.

Dental malpractice;
Summary Judgment for Defendants;
Rule 9(j) Expert Testimony;
Prima Facia claims;
Lack of Proximate Cause;
Corporate Negligence;
Respondent Superior;
Negligent Supervision;

Servicemembers Civil Relief Act, motion to continue, civil contempt, custody modification

distinguishing presentment and indictment, fatal variance, misdemeanor death by vehicle