Appellate Court Opinions

Contract interpretation, breach of contract, definition of "retainer" as contract term

Probation revocation; good cause

Aggravating and mitigating factors, statutory and non-statutory aggravating factors, factor not listed in indictment, no prejudice to prior record level total

Improper closing argument; ex mero motu; prior record level calculation; N.C. Gen. Stat. § 15A-1340.14(b)(6)

motion to dismiss; expert-witness testimony; Rule 702(a)

plain error; jury instructions; felony possession; knowledge; motion to dismiss; substantial evidence

Anders, Kinch, No Merit Brief

Anders; wholly frivolous; dismissed.

motion to dismiss for insufficient evidence; second-degree murder; jury instructions; aggressor doctrine

Sufficiency of findings of fact to support sex offender registration, secret peeping, special condition of probation not appealable following guilty plea

kidnapping; motion to dismiss; closing argument; ex mero motu intervention; no error.

petition for writ of certiorari; cross-examination; elicitation; invited error; plain error; ineffective assistance of counsel; strategy; dismissed.

Reasonable suspicion; dissipation of reasonable suspicion; flight; arrest warrant; identification; suppression motion; fruit of the poisonous tree

jury instruction; castle doctrine; presumption of reasonable fear; excessive force; prejudicial error; new trial.

carrying a concealed weapon; unit of prosecution; statutory interpretation; ambiguity; rule of lenity; arrest judgment; probationary term; improper consideration; vacated and remanded.

North Carolina General Statute Section 15A-1215(a), juror substitution, jury instructions, indictment

Interlocutory appeal

State Bar jurisdiction, NC Rules of Professional Conduct, suspended license

Ultra vires action

Domestic violence protective order; bodily injury