Appellate Court Opinions

appointment of receiver, affidavit, Civ. Pro. R. 6(d), N.C. Gen. Stat. 1-507.24(e)

evidentiary challenges, quiet title, placing property "on the ground", Marketable Title Act, failure to plead issue

Motion to dismiss; Third-party complaint; Equitable distribution; Interlocutory; Dismissed

Separation Agreement;
N.C. R. App. P. 3;
Appellate Jurisdiction;
Appeal from wrong number;
Untimely Notice of Appeal;

assault with a deadly weapon; discharging a firearm into an occupied vehicle; aggressor doctrine; jury instruction supported by the evidence.

N.C.G.S. 14.190; indecent exposure; public place.

Driving while impaired; DWI; Appreciable impairment; Motion to dismiss; N.C. Gen. Stat. § 20-138.1(a).

Second-Degree Murder; Motions to Dismiss; Malice; Self-Defense; Hearsay; Residual Exception; Character Evidence; Modus Operandi; Affidavits; Foundation; Personal Knowledge; Unavailable Declarants; No Ineffective Assistance of Counsel.

Indecent Liberties; Expert Testimony; Vouching; Redaction; Preservation; Charge Conference; Aggravating Factors; Abuse of Position of Trust or Confidence.

trafficking in fentanyl by possession and transportation; jury instruction; footnote 6 to N.C.P.I. (Crim) 260.17 and 260.30; plain error review; mental state; element of knowledge; determinative issue of fact; defendant’s evidence.

Warrantless Search; Consent; Motion to Suppress; Preservation; N.C. R. App. P. 10; Dismissed.

no-merit brief, prejudicial error, full review of the record

second-degree murder; lesser-included offense jury instruction; involuntary manslaughter

second-degree burglary; motion to dismiss; substantial evidence; reasonable inference; restitution; competent evidence

Driving While Impaired; Speeding; Allen Charge; Jury Instructions; No Error.

waiver of counsel; lesser included offenses

Anders brief review, no meritorious issues, no prejudicial error

PWC, Anders brief, petition for DNA testing

motion to dismiss; larceny; conspiracy; sufficiency of evidence

plain error in jury instruction for constructive possession, failure to intervene ex mero motu in closing argument