Appellate Court Opinions

automobile exception, warrantless search, good faith exception

motion to dismiss; possession of a firearm by a felon; State presented sufficient evidence to support each element of possession of a firearm by a felon; N.C. Gen. Stat. 14-415.1 is facially constitutional.

North Carolina Rule of Evidence 609(b), Required Findings of Fact, N.C. Const. Art. I, Section 24

Rule 12(b)(6) motion to dismiss; Restrictive covenants; Vertical and Horizontal Privity; light most favorable to nonmoving party

receivership; venue; standing

Inverse condemnation; municipal control; competent evidence.

equitable distribution; marital property; expert credibility determination; company accounts; company valuation; property valuation.

temporary regulatory taking, inverse condemnation, stormwater permit, motion to dismiss, summary judgment, res judicata, issue preclusion, contested case hearing, declaratory judgment, due process violation.

IMPEACHMENT, RULE 608(A), CHARACTER FOR TRUTHFULNESS, OPEN THE DOOR, REHABILITATIVE EVIDENCE, PREJUDICE, CREDIBILITY, ABUSE OF DISCRETION, NEW TRIAL

Motion for appropriate relief, MAR, procedural bar, N.C.G.S. § 15A-1419, retroactive change in law, forfeiture of counsel, State v. Simpkins, 373 N.C. 530 (2020).

Prejudicial Error; Prejudice; Closing argument; Opening argument; Rule 10; Expert Testimony; Confrontation Clause; Double Jeopardy; Death by Distribution; Sale and/or Delivery of a Controlled Substance; Ineffective Assistance of Counsel

Voluntary Dismissal; Relief from Judgment; Motion to Enforce Settlement

North Carolina Domestic Violence Act; N.C. Gen. Stat. Chapter 50B; Domestic Violence Protective Order; ex parte DVPO; DVPO entered after notice and opportunity to be heard; one-year DVPO; one-year time limitation; N.C. Gen. Stat. § 50B-3; N.C. Gen. Stat. § 50B-3(b); N.C. Gen. Stat. § 50B-2(c)(5); statutory construction; plain meaning; statutory construction in context; Rudder v. Rudder

A law firm, as a corporate entity, may not serve as trustee of a trust or executor of a will without being authorized under N.C. Gen. Stat. § 53-303(a).

environmental enhancement grants program; declaratory judgment; motion to dismiss; civil penalties; Article IX, Section 7 of the North Carolina Constitution; Article V, Section 7 of the North Carolina Constitution; appropriations clause; gift clause; Article IX, Section 6 of the North Carolina Constitution.

motion to dismiss; N.C.R. App. P. 10(a)(3); ineffective assistance of counsel; motion for appropriate relief; civil judgment for attorney's fees

Rule of Evidence 901; authentication of video; satellite-based monitoring; N.C. Gen. Stat. § 14-208.40A

Ineffective assistance of counsel; Competency; Psychiatric report; Sua sponte competency hearing; North Carolina Rules of Evidence Rule 901.