Appellate Court Opinions

felony stalking; sufficient indictment; State v. Singleton; assault with a firearm on a law enforcement officer; jury instruction; no affirmative defense presented at trial to support giving the requested jury instruction; no evidence presented at trial to support giving the requested jury instruction

Competent evidence; motion to suppress; police checkpoints; probable cause.

Separation of Powers;
Gubernatorial appointments;
Building Code Council;
Utilities Commission;
Appellate Judicial Vacancies;
Facial Constitutional Challenge;
Summary Judgment;
Three Judge Panel;

Statutory interpretation; N.C. Gen. Stat. § 132-1; canon of last antecedent; N.C. Gen. Stat. § 116-43.17; plain meaning

Pataky analysis; unincorporated separation agreement; attorney's fees; North Carolina Child Support Guidelines

Rule 12(b)(6); at-will employment; wrongful discharge; N.C.G.S. § 143-422.2; sex discrimination.

Adjudication of abuse and neglect; Rule 17 GAL; minor parent; waiver of Fifth Amendment right against self-incrimination; unchallenged findings of fact support that minor child was an abused child

Rule 9(j); medical malpractice

child support award, income, bad faith, retrospective child support, prospective child support, exchange rate, live-in nanny care, Montessori school, child support arrears, judgment, N.C.G.S. § 50-13.4(f)(8).

petition for writ of certiorari; substantial right; judicial notice; modification of a temporary retraining order; limited receiver; trial court’s authority during receivership

felony possession of stolen goods; attempted misdemeanor larceny; motion to dismiss for insufficient evidence; substantial evidence supports convictions.

Standing, Fourth Amendment search, motion to suppress, CSLI

Resisting Public Officer; forfeiture of counsel; criminal contempt

notice of appeal; petition for writ of certiorari; waiver of right to appeal

Alternate juror; jury deliberations; 12-person jury.

obligations under deed of trust; promissory note; contract interpretation; conclusions of law; findings of fact; summary judgment.

Rule 54(b), final judgments, interlocutory orders, Rule 59, trial on the merits, summary judgment, Bodie Island Beach Club Ass’n, Inc. v. Wray, 215 N.C. App. 283 (2011), tolling appeals, Rule 3, Rule 60(b).

Whether plaintiffs' negligent retention claim falls within the scope of a medical malpractice action pursuant to N.C.G.S. 90-21.11 and therefore is barred by the statute of repose.