Appellate Court Opinions

Workers compensation; rehearing; review of evidence

N.C.G.S. 50-13.2(a) child custody hearing and written order; required findings of fact in order; relevant findings; prejudicial delay in entry of order; mandamus or action at trial court level; conversion of temporary order to permanent order by operation of time

Child support, gross income calculation, depreciation expenses, North Carolina Child Support Guidelines, Lawrence v. Tise, findings of fact.

Summary Judgment; North Carolina Rules of Appellate Procedure; substantial nonjurisdictional rules violations; Dismissed.

Examination under oath, condition precedent to filing suit

interpolicy stacking, UIM coverage, private passenger motor vehicle

judgment on the pleadings, individual capacity liability, public official immunity, public official, public employee, sovereign power, motion for summary judgment, genuine issue of material fact, pedestrian, accident, leading pedestrian interval, LPI, MUTCD, discretionary governmental functions.

Wrongful Death;
Co Employee;
Intentional Tort;
Duty to Defend;
Duty to settle;
Rule 12(c);
Unfair and Deceptive Trade Practices;

summary judgment, ordinary negligence, gross negligence, contributory negligence, negligence per se, proximate cause, excavation site, defect in travel way, bicycle lane, electric scooter

SERFF; intervention; APA; testimonial evidence; pro se.

Motion to dismiss, sufficient evidence, incriminating circumstances, knowledge requirement, stolen gun, viewing evidence in the light most favorable to the State. 

Jury instruction; plain error; castle doctrine

Possession of Stolen Firearm; guilty knowledge; sufficient evidence

Possession of a firearm by a felon; Rule 403; Rule 404(b); Relevance; Ineffective Assistance of Counsel; Sufficiency of the Evidence

Resisting a Public Officer; Anders Brief; Motion to Suppress; Plea Agreement; Criminal Pleading; Sentencing; No Error.

Plain Error; Expert Testimony; Sexual Abuse; Expert Diagnosis Absent Physical Evidence; Vacate and Remand.

plain error; video authentication; Rule 404(b); plea transcript; expert testimony; instruction on flight.

failure to report a new address as a sex offender; sufficient evidence; willful behavior

animal cruelty; exigent circumstances; motion to suppress; warrantless search; curtilage

Trial court did not err by instructing the jury that a gun shot wound is a serious injury as a matter of law; serious injury jury instruction; serious injury as a matter of law