Court of Appeals

, Court of Appeals , COA22-196 (Judge Chris Dillon) , Published
State v. Bailey

writ of certiorari, probation, Rule 2, abuse of discretion

, Court of Appeals , COA22-52 (Judge John Tyson) , Published
State v. Fabian

First-Degree Sexual Offense with a minor;
Statutory Rape of a Child;
Indecent Liberties;
Motion to Dismiss;
Failure to Object;
Plain Error Review;
Rule404(b) - similar victims;
Rule 403
Vouching;
Defendant's Admissions;
Prosecutor's Remarks During Closing Arguments;
Ineffective Assistance of Counsel

, Court of Appeals , COA20-572 (Judge Darren Jackson) , Published
State v. Perkins

indictment identifying victim by initials and date of birth were facially valid; a majority of the court issues a petition for certiorari per opinion; one judge would affirm the satellite-based monitoring orders; one judge would dismiss portion of appeal related to satellite-based monitoring order; and one judge would hold that court lacked jurisdiction to review satellite-based monitoring orders

, Court of Appeals , COA21-688 (Judge April Wood) , Published
State v. Tripp

Double jeopardy; Fifth amendment; Substantive due process; Fourteenth amendment; Child abuse conviction and subsequent prosecution for murder; Elements of murder; Blockburger test; Same-Elements Test; Diaz v. United States; Diaz Exception; Double jeopardy exception; Same Conduct Test; Statute of limitations; States may afford greater protections than U.S. Constitution; Law of the Land clause

, Court of Appeals , COA22-523 (Judge Donna Stroud) , Published
Rollings v. Shelton

domestic violence protective order (DVPO), motion to dismiss, act of domestic violence, causing bodily injury

, Court of Appeals , COA22-391 (Judge Allegra Collins) , Published
Ricky Spoon Builders, Inc. v. EmGee, LLC

no full compliance where Plaintiffs did not deposit an earnest money deposit before the Agreement expired on 3 November 2020 at 5:00 p.m.; no substantial performance where the envelope containing the earnest money deposit was post-marked 5 November 2020 and received 16 November 2020.

, Court of Appeals , COA21-793 (Judge Jefferson Griffin) , Published
Ha v. Nationwide Gen. Ins. Co.

Homeowner's insurance policy; cancellation notice; statutory construction; N.C. Gen. Stat. 58-44-16, 58-41-15.

, Court of Appeals , COA22-283 (Judge Darren Jackson) , Published
MidFirst Bank v. Brown

secured transactions; execution on lien by sheriff's sale extinguished liens recorded after sale; sheriff's deed did not control what encumbrances remained on property; equitable subrogation did not apply to place holder of lien recorded after sheriff's sale in the position of prior lien holder where judgment was publicly recorded before loan transaction was consummated; lien holder could not have been excusably ignorant of prior lien, despite misrepresentation regarding judgment by debtor

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