Appellate Court Opinions

motion to dismiss, discharging a weapon into occupied property, semi-automatic weapon, separate acts

Per se ineffective assistance of counsel; Harbison inquiry; defendant's knowing consent to admission of guilt.

photographic identification of defendant, murder of an unborn child, indictment, knowledge of pregnancy, N.C.G.S. 14-23.2(a), N.C.G.S. 14-23.8

preservation, motion to suppress, search warrant, affidavit

breaking and/or entering a motor vehicle, motion to dismiss, sufficiency of the evidence

jury instruction, lesser included offense, per se serious injury, assault with a deadly weapon

voluntary manslaughter; possession of a firearm by a felon; jury instructions; affirmative defense; defense of justification; closing argument; improper comment by prosecutor; not so grossly improper as to deprive defendant of his right to a fair trial; no abuse of discretion in failing to intervene ex mero motu

Child custody; credibility; best interest of child

Unlicensed/under licensed Contractor;
Illegal Contract;
Breach of Contract;
Summary Judgment;
Indemnity;
Chapter 75 Unfair & Deceptive;
Misrepresentation;

Unified Development Ordinance; rezoning; declaratory judgment; North Carolina Rules of Civil Procedure 12(b)(1) and (6); subject matter jurisdiction; standing; no requirement to plead special damages

negligence, proximate cause, expert witness, directed verdict

appellate jurisdiction; N.C. R. App. P. 3(c); motion to reconsider; Civil Procedure Rule 63

Equitable distribution; duress; undue influence; child support; child support guidelines; income calculations; retroactive child support.

Common-law negligence; known and obvious danger.

permanency planning order, cessation of reunification efforts, ultimate findings, evidentiary findings, guardianship, affirmed.

neglect, permanency planning, reunification, visitation

Termination of Parental Rights; No merit brief; Neglect; Dependency.

Child custody order, best interests of the child, custodial exchange time, Father's Day weekend, recording custodial exchanges, the Federal Wiretap Act, the North Carolina Electronic Surveillance Act, abuse of discretion, Hague Convention non-restriction. 

Summary judgment; negligence; governmental immunity; public recreation

victim-impact evidence; vouching; motion dismiss; failure to declare mistrial sua sponte