Appellate Court Opinions

Termination of parental rights; adjudication; section 7B-1111(a)(2); reasonable progress under the circumstances in correcting the conditions which led to the removal of the juvenile

Juvenile Code;
Award of Guardianship;
Preservation of Constitutional Issues;
Motion for Visitation;

Termination of Parental Rights; competent evidence

abuse; substantial risk of harm; Rule 3.1. 

Termination of parental rights; clerical error; motion to continue.

Whistleblower claim; N.C. Gen. Stat. 126-85; competing motions for summary judgment; elements of prima facie case

motion to modify child custody; motion to dismiss; Rule 12(b)(6); pleading; consent order; supervised visitation; unsupervised visitation; substantial change in circumstances; welfare of the minor child; de novo; light most favorable to nonmoving party; construe liberally; positive impact on welfare of child; lack of communication; wrongful interference with visitation

Third-party custody action; trial court lacked subject-matter jurisdiction; N.C. Gen. Stat. 12(b)(1), 12(b)(6) dismissals

Batson challenges; Sufficiency of the evidence to support conspiracy to commit murder; Sixth Amendment right to the effective assistance of counsel

unanimous verdict, jury instructions, sentencing, clerical error

Hearsay; Rule 2; Search Warrant; Confidential Informant; Preservation; No error

motion to dismiss; substantial evidence; surveillance; vehicle; possession of heroin; heroin by transportation; de novo; several criminal acts; separate offenses; circumstances of each case

possession of a firearm by a felon; substantial evidence; light most favorable; constructive possession; control and dominion; exclusive ; incriminating circumstances; proximity; control; awareness; presence; N.C.G.S. § 14-415.1; facially unconstitutional; Rule 2; exceptional circumstances; New York State Rifle & Pistol Association, Inc. v. Bruen, 597 U.S. 1 (2022); United States v. Canada, 123 F.4th 159 (2024); ineffective assistance of counsel; IAC; prejudice; reasonable probability

trafficking methamphetamine, maintaining a dwelling place for keeping and selling controlled substances, motion to suppress, motion to dismiss

out-of-state conviction; waiver of right to counsel; serious injury.

Trafficking by Transportation; substantial evidence; substantial movement

speedy trial, expert witness testimony, plain error

Anders brief, driving while impaired, no merit, motion to suppress evidence, stipulation to an aggravating factor, ineffective assistance of counsel

PWC; prior-record level; clerical error.

motion to dismiss, sufficiency of the evidence, deadly weapon, serious injury