Appellate Court Opinions

Bailment, Conversion, and Fungible Assets

Home Builder, Contributory Negligence, Gross Negligence, Summary Judgment

Good Moral Character Rule, Arbitrary and Capricious, Substantial Evidence, Justice Officer Certification

Mandate; binding; plain language; clear, cogent, and convincing evidence; N.C. Gen. Stat. Section 7B-1111(a)(2); willfulness; best interests; abuse of discretion; N.C. Gen. Stat. Section 7B-1110(a)(3)-(4)

Publish Aiding & Abetting Possession of a Firearm by a Felon;
Motion to Dismiss;
Fatal Defect;
Sufficiency of the Indictment;

Harbison error, implicit concession by counsel, statutory duty to disclose

Rape of a child; Sex offense with a child; Text messages; Rule 404(b); Sexual abuse; Plain error; Character evidence; Closing argument; Ex mero motu.

Motion to Dismiss for Insufficient Evidence; Constructive Possession; Possession of a Firearm by a Felon

motion to dismiss; larceny; obtaining property by false pretenses; single-taking rule

circumstantial evidence, first-degree murder, motion to dismiss

notice of appeal; Appellate Rule 3(c)(1); computation of time

Summary Judgment; Worker's Compensation Act; Subject Matter Jurisdiction; Willful, Wanton and Reckless Negligence.

Compensable injury; Parsons presumption; Competent evidence; Credibility; Weigh evidence; Form 63; Industrial commission; Burden of proof; Burden of production; Expert evidence; Expert testimony; Speculation.

equitable distribution; marital property; military pension; bankruptcy discharge; N.C.G.S. 50-19.1

Doctrine of sudden emergency; negligence; brake failure; static conditions; jury instructions; immediate action to avoid injury; prejudicial error; prudent man standard; substantial evidence; N.C. R. App. P. Rule 3(d) appellate review; unpreserved; interlocutory Order; final Judgment

Non-offending parent; Initial removal of child from custody of parent; Parent's paramount constitutional right to custody; Disposition hearing; Socioeconomic factors.

termination of parental rights; ICWA; active efforts;

interlocutory, substantial right, motion to dismiss, exclusivity provision, Workers' Compensation Act, arising out of employment, motion to stay, Fifth Amendment privilege