Appellate Court Opinions

motion to suppress, conflicting material evidence

embezzlement; fiduciary duty; jury instructions

Sixth amendment, right to counsel, self-representation, expert witness, bolstering credibility of prosecuting witness, plain error review, ineffective assistance of counsel.

alimony, divisible property, unequal distribution

Rule 12(b)(6), motion to modify child support

Trial court did not err in adjudicating juvenile neglected, N.C. Gen. Stat. § 7B-101(15); trial court properly admitted drug test results pursuant to the business records exception to the hearsay rule, N.C. Gen. Stat. § 8C-1, Rule 803(6), trial court did not abuse its discretion in juvenile disposition order.

excuse juror for cause; clerical error

Fatal variance, special property interest, injury to personal property, restitution, unsold property, market value not speculative

Motion to dismiss; fleeing to elude arrest; reasonable articulable suspicion; probable cause; N.C.G.S § 15A-401.

motion to dismiss; capacity fees; Quality Built Homes I; Quality Built Homes II; statute of limitations

Industrial Commission; motion to dismiss; Tort Claims Act; public duty doctrine; N.C. Gen. Stat. 143-299.1A.

Contempt; civil contempt; criminal contempt; Moot; age of majority; dismissed; notice; sua sponte

Child support modification; imputing plaintiff's income; depressing income; bad faith; extraordinary expenses; attorney's fees; medical conditions.

Judgment on the pleadings; lack of enforceable agreement; negligent misrepresentation; fraud; particularity of averments of fraud; NCGS 1A-1, Rule9(b)

Right to Farm Act legislative amendments; three-judge panel; facial constitutional challenge; Law of the Land Clause; private versus general laws; right to trial by jury; limitations on damages; nuisance; agricultural and forestry activities; statute of limitation.

Right to counsel; sufficient indictment; pro se representation; competency to stand trial; prior record level; no merger; NCGS 14-43.11(a)(i); human trafficking; promoting prostitution; habitual felon status; NCGS 90-113.22A

Second-degree trespass, General Assembly, misdemeanor statement of charges, indictment, district court, superior court, trial de novo, amendment in substance, conduct, first amendment, public property, forum, jury instructions, without authorization, legal right.

Knowing and Voluntary Admissions under State v. Harbison