Appellate Court Opinions

Child custody modification; substantial change in circumstances; effect on the minor child; final decision-making authority.

custody dispute, UCCJEA, non-parent third party standing, home state jurisdiction, clear & convincing evidence, biological parents constitutional protections

termination of parental rights; neglect; incarceration; findings of fact; clear, cogent, and convincing evidence.

Indian Child Welfare Act; ICWA; Reason to know; 25 U.S.C. § 1911; 25 U.S.C. § 1912; Indian Tribe; Cherokee Tribe; Notice requirement; Work with members of the Indian Tribe; 25 C.F.R. § 23.111; ICWA burden.

termination of parental rights; denial of motion to continue; challenged findings of fact; neglected juvenile; best interests

Involuntary commitment, outpatient, findings of fact, form order

juvenile delinquency petitions; State’s limited statutory right to appeal in delinquency cases; N.C.G.S. § 7B-2604(b); motion to dismiss appeal granted; petition for writ of certiorari denied.

neglected juvenile, physical discipline, incomplete transcript, parental psychological evaluation

permanency planning order, visitation, guardianship, motion to continue

Adjudication; disposition; dependency; custody; visitation; subject matter jurisdiction; juvenile petition

second-degree murder, motion to dismiss, proximate cause, jury instructions, closing arguments

Batson Challenge; Jury Selection; United States Constitution; Equal Protection Clause; North Carolina Constitution; Article I, Section 26; No Clear Error.

Revocation of probation

prolonged stop, preservation of suppression arguments, trafficking by possession.

jury instruction misplaced word, sex offender registration

indictment, fatal variance, larceny

Alford plea; motion to withdraw plea; ineffective assistance of counsel; Handy factors

no statutory authority to set aside bond forfeiture under N.C.G.S. § 15A-544.5(f); defendant failed to appear on two or more prior occasions in the case for which the bond was executed; clearly marked release order; actual notice.

use of the word "victim," plain error review