Appellate Court Opinions

robbery with a dangerous weapon, reasonable inference, circumstantial evidence

Jury selection; Judge excusing jurors for cause without challenge by party; Excusing for cause; Motion to dismiss; DWI.

Closing arguments; Harbison inquiry

double jeopardy; sufficiency of evidence; indecent liberties; statutory rape; fifth amendment.

Habitual Larceny;
Habitual Felon;
Video Surveillance;
Identification of a defendant;
Lay opinion testimony;
Limiting Instruction;

Rules of Professional Responsibility; Rule 8.4(c); Order of Discipline

physical custody, legal custody, findings of fact, decision making authority

Tort Claims Act; Emergency Management Act; Negligence; Industrial Commission; Sovereign Immunity; Summary Judgment.

interlocutory jurisdiction; substantial right; preliminary injunction

law of the case; remand; mandate

Special Separation Allowance; Supplemental Retirement Income Plan; Local Government Employees' Retirement System

termination of parental rights, notice, insufficient findings of fact

Delinquent; sexual battery; sexual arousal; sexual gratification; maturity, intent, and experience; age disparity; control by the juvenile; secretive nature; attitude; third-party witness

A/N/D petition; Dismissal of juvenile petition ends jurisdiction; Subject matter jurisdiction; Void judgments; N.C. Gen. Stat. §§ 7B-201 and 7B-807; Rule 59 and Rule 60 motions are not substitutes for appeal.

COVID-19; The Emergency or Disaster Treatment Protection Act; Health care; Limited immunity; Statutory immunity; Medical malpractice; Gross negligence; Duty of care; Surgical complications; N.C. Gen. Stat. § 90-21.133(a); Rule 12(b)(1); Rule 12(b)(2); Rule 12(b)(6); Rule 9(j).

Sovereign immunity; Contract rescission; Voluntary dismissal; Restitution; Valid remedy; Moot; Property; Necessary party; Valid judgment.

summary judgment; contributory negligence; last clear chance defense; punitive damages.

Domestic violence; child custody

lease contract; setoff defense; findings of fact; conclusions of law; competent evidence.

Motion for directed verdict; Motion for new trial; Breach of contract; Fraudulent inducement and fraudulent misrepresentation; Breach of the implied covenant of good faith and fair dealing; Unfair and deceptive trade practice; Negligent misrepresentation; Gross negligence; Sufficient evidence; Jury verdict; No error.