Appellate Court Opinions

A law firm, as a corporate entity, may not serve as trustee of a trust or executor of a will without being authorized under N.C. Gen. Stat. § 53-303(a).

separation agreements; evidence supports trial court's findings and conclusions that the agreements are binding and enforceable; child support payments; competent evidence supports the trial court's calculation of unpaid child support; statute of limitations.

Rule 59 motion for a new trial; Rule 50 motion for judgment notwithstanding the verdict; Rule 42 motion to bifurcate; N.C. Gen. Stat. § 1A-1, Rule 42, N.C. Gen. Stat. § 1A-1, Rule 50, N.C. Gen. Stat. § 1A-1, Rule 59; stream of commerce; negligence; product liability; implied warranty of merchantability; implied warranty of fitness for a particular purpose; sealed-container defense; N.C. Gen. Stat. § 99B-2(a); directed verdict; JNOV

Option contracts.

environmental enhancement grants program; declaratory judgment; motion to dismiss; civil penalties; Article IX, Section 7 of the North Carolina Constitution; Article V, Section 7 of the North Carolina Constitution; appropriations clause; gift clause; Article IX, Section 6 of the North Carolina Constitution.

Zoning Ordinance; Variance; Board of Adjustment; Standards of Review: Whole Record; De Novo; Arbitrary and Capricious.

petition for judicial review; NC Board of Nursing; Final Decision and Non-Disciplinary Order; order remands case to the Board for further proceedings; interlocutory order

motion to dismiss; attempted first-degree murder; assault with a deadly weapon with intent to kill; jury instructions; lesser-included offense

motion to dismiss; N.C.R. App. P. 10(a)(3); ineffective assistance of counsel; motion for appropriate relief; civil judgment for attorney's fees

Rule 104(b), Rule 404(b), Rule 403, witness testimony, prior bad acts, absence of mistake, improper vouching, plain error, ex mero motu, ineffective assistance of counsel, cumulative error, misdemeanor assault on a child under the age of twelve.

Article I, Section 24; verdict by jury of twelve; N.C.G.S. § 15A-1215; presumed to follow instructions

Jury Instructions; Involuntary Manslaughter; Second-degree murder; Jury Request; Abuse of Discretion.

Rule of Evidence 901; authentication of video; satellite-based monitoring; N.C. Gen. Stat. § 14-208.40A

sufficiency of evidence, fatal variance, jury instruction, effective assistance of counsel

Ineffective assistance of counsel; Competency; Psychiatric report; Sua sponte competency hearing; North Carolina Rules of Evidence Rule 901. 

felony stalking; sufficient indictment; State v. Singleton; assault with a firearm on a law enforcement officer; jury instruction; no affirmative defense presented at trial to support giving the requested jury instruction; no evidence presented at trial to support giving the requested jury instruction

Indecent Liberties; Improper Vouching; No Plain Error; Mistrial; Sua Sponte

Motiomn to suppress; reasonable suspicion; PRL calculation.

Competent evidence; motion to suppress; police checkpoints; probable cause.

Evidence; Witness Identification; Fifth Amendment; Jury Request; Authentication; Cumulative Error; Prejudicial Error; Ex Mero Motu; Closing Argument