Appellate Court Opinions

State Medical Facilities Plan;
Qualified Applicant;
Award of Certificate of Need;
Criterion 1 - N.C. Gen. Stat. § 131E-183(a)(1);
Criterion 2 -N.C. Gen. Stat.§ 131E-183(a)(12);
Deference to Agency's Interpretation of a Statute;

breach of contract; utility conflicts; contract term; de novo review

intervention of rights, permissive intervention, moot

subject matter jurisdiction, North Carolina State Bar, disciplinary jurisdiction

postseparation support, North Carolina Rule of Civil Procedure 41, dismissal with prejudice

Motion to Suppress; Competent evidence to support findings; Conclusions of law; Sufficient information in warrant application to establish probable cause

Indictment; sufficiency of indictment; defective indictment; non-jurisdictional defect; prejudice.

Motion to Dismiss; Hearsay; Excited Utterance Exception; Startling Event

probation violation, jurisdiction, notice, insufficient evidence

First-degree murder; motion to dismiss; Rule 404(b); subsection 15A-1443(a); closing arguments.

Second-degree murder; assault with a deadly weapon with intent to kill inflicting serious injury; assault with a deadly weapon inflicting serious injury; malice; sentencing; Class B1 felon; Class B2 felon; general verdict form; reckless use.

Short-Form Indictment, Confrontation Clause, Testimonial Evidence

Rule 60(a); alimony; child support; equitable distribution; distributive award; expenses; standard of living; clerical error; pretrial order; past years’ income; current income; liquid assets; dependent spouse; bad faith; credibility; unpreserved error; failure to object.

Woodson exception; summary judgment; intentional tort

jury instructions; joint and several liability; intentional torts; indivisible injury; respondeat superior; Rule 59 motion

Workers’ Compensation Act; North Carolina Self-Insurance Security Association; covered claim; N.C. Gen. Stat. 97-130(4)

real estate development, storm water retention pond, continuing tresspass

Termination of Parental Rights; Right to care and custody relevance to best interest

juvenile, permanency-planning hearing, voluntary incarceration, guardianship, reunification, no-merit brief, abuse of discretion, best interests of the child, affirm.