Appellate Court Opinions

Right to counsel, waiver of counsel, N.C.G.S. § 15A-1242, advising defendants on range of punishments, forfeiture of counsel, repeated firing of counsel.

courtroom closure; Waller; threaten witness; discharge firearm in city limits; overriding interest; reasonable alternatives; no broader than necessary; right to a public trial

Second Degree Murder;
Aggravating factors;
Possession of Firearm by a Felon;
B1 Sentence;
Comments on Silence;
IAC Claims;
Prejudice;

motion to dismiss; keeping or maintaining a dwelling for the keeping or selling of controlled substances; N.C. Gen. Stat. Sec. 90-108(a)(7); substantial evidence to support the element of keeping or maintaining

resentencing, prior record level

Business-records declaration; evidence authentication; lay testimony; ineffective assistance of counsel; N.C.G.S. 8-97; N.C.R.E. 901; N.C.R.E. 803

Product liability; Manual as separate product; pleading

12(b)(6); Pro Se; Breach of Contract; Parental Bill of Rights; Aiding and Abetting; Tortious Interference with a Contract

termination of parental rights hearing; motion to continue; extraordinary circumstances; proper administration of justice

parental visitation rights, minimum frequency of visitation, best interests

termination of parental rights; findings of fact supported by clear, cogent, and convincing evidence; willful abandonment

non-judicial foreclosure, ratification, equitable arguments

motion to dismiss, MTD, guardian ad litem, GAL, underlying juvenile case, subject matter jurisdiction, transfer venue, abeyance, prior pending action doctrine, continuing jurisdiction, exclusive jurisdiction, termination of parental rights, TPR, interlocutory appeal, de novo, abuse of discretion, Chapter 7B, Chapter 50, Rules of Civil Procedure, ends of justice, fair trial.

DVPO; N.C.G.S 50B-1, 50B-3; findings of fact.

Summary judgment; contracts; waiver; unjust enrichment; breach of contract; implied waiver; commercial lease dispute.

preservation, Rule 63, motion to dismiss, pre-accusation delay

Jury selection; Juror; Alternate juror; Prospective juror; Empaneled; Venire; Panel; Jury pool; Statutory error; Prejudicial error; Challenge for cause; Statutory interpretation; Error per se; Structural error; Constitutional right; Fair and impartial jury; Unpreserved; Rule 2; Manifest injustice.

Sentencing; mitigating factors; failure to find mitigating factor; mental or physical condition; N.C.G.S. 15A-1340.16.

Trafficking; plain error; identification of controlled substance; marijuana and hemp