Appellate Court Opinions

second-degree murder; motion to dismiss; unlawfulness; self-defense; perfect self-defense; imperfect self-defense; aggressor; jury instruction; harmless error; de novo; substantial evidence.

Trafficking opium/heroin; Lab Tested Sample/Untested Lab Sample; Rule 401; Rule 403; Rule 702; Expert Testimony; Plain error

motion to continue, voluntary and unexplained absence, failure to strike, improper vouching, confidential informant, actual conflict, right to counsel, abuse of discretion, no plain error, prior record level, consecutive sentences, no error. 

sentencing; wide latitude; consecutive sentences; improper considerations; no error.

residual hearsay exceptions, self-defense, offer of proof, preservation, abuse of discretion, preliminary ruling, dismiss. 

Summary Judgment; Private Nuisance; Easement; Declaratory Judgment; Injunctive Relief; Sanctions; Real Property

Default judgment; entry of default; set aside; Rule 60(b)(4); Void; Rule 12; Service of Process; Personal Jurisdiction; Rule 4; Process Server; Sheriff; Equitable estoppel; Waiver; Competent Evidence; Abuse of Discretion.

Summary Judgement, Adverse Possession, Permissive Use, Hostile Use, Continuous Use, Trespass, Rule 34 Sanctions.

Termination of parental rights; child-support payments; willful abandonment; N.C.G.S. § 7B-1111.

termination of parental rights; TPR; neglect; dependency, willful failure to correct removal conditions; permanent plan; reunification; DSS; arrest; drugs; substance abuse; housing; treatment; probation; case plan; inadequate progress; abuse of discretion; de novo; unchallenged findings of fact; likelihood of future neglect; best interests.

neglected juveniles; waiver of appellate review; post-petition evidence; mental illness

termination of parental rights; TPR; closing argument; preservation; Rule 2; DSS; neglect; domestic violence; substance abuse; custody; reunification; constitutional argument; failure to object; proper hearing.

Child abuse, neglect, and/or dependency; clear-and-convincing evidence standard; A/N/D disposition.

Responsible Individuals List; findings of fact; adjudication order

Ejectment, Unfair and Deceptive Trade Practices; Amendment of Pleadings; Objection alleging prejudice

Alienation of affections, personal jurisdiction, subject-matter jurisdiction

Breach of contract; wrongful termination; compensatory and punitive damages; order taxing costs.

sole legal custody; primary physical custody; parties' stipulation; findings of fact; conclusions of law

contract, summary judgment, essential elements of a contract, price, mutual assent