Appellate Court Opinions

Workers' compensation

attorney’s fees; abuse of discretion; reasonableness; findings of fact; North Carolina Wage and Hour Act

negligent retention, medical malpractice, summary judgment, statute of repose, NCGS 90-21.11

third party standing, child custody, intervention, constitutionally protected status

abused and neglected juvenile; visitation; reunification efforts; no-contact order

termination of parental rights; neglect; lack of progress; guardianship; permanency;

Assault on an emergency personnel; Error; Plain error; Unanimous jury verdict; Jury instruction; Verdict sheet; Evidence; Fatal variance; Indictment; PWC; Motion to dismiss; Sufficient evidence; Substantial evidence; Preservation of fatal variance issue; Object at trial; Motion to dismiss at the close of all evidence; No error

Structural error; Motion to withdraw; Motion for continuance; Court-appointed counsel; Private counsel; Substitution; Sixth Amendment; Ineffective assistance of counsel; Balancing test; Prejudice; Judicial economy; No error

second amendment, as-applied challenge, mens rea, educational property.

Child custody; Best interests; Findings of fact must support conclusions of law; Sufficiency of the trial court's findings; Consider all relevant factors; N.C. Gen. Stat. § 50-13.2.

modification of child custody, best interest, visitation, findings of fact, delegation of judicial authority

administrative law; due process; subpoena; virtual testimony

alimony, attorney's fees, contempt, holding equitable distribution in trust.

Summary Judgment; Contracts; Americans with Disabilities Act; Discrimination; Failure to Accommodate; Retaliation; Rule 37; Attorneys’ Fees.

Reinstatement of Law License;
Disciplinary Hearing Commission;
Completion of Sentence;
Payment of Restitution;
Restoration of Citizenship;
State Bar Council appellate jurisdiction;

Subject matter jurisdiction; Court counselor; Approve a petition for filing; Adjudication and disposition; Orders void ab initio; N.C. Gen. Stat. § 7B-1706(a); N.C. Gen. Stat. § 7B-1703(b).

Juvenile Adjudication Order; Secure Custody; Motion to Dismiss

guardianship, permanency planning order, visitation, preservation

Permanency planning, reunification, factual findings, DSS reasonable efforts, guardian ad litem, sexual abuse, burden of proof