Court of Appeals

, Court of Appeals , COA21-43 (Judge April Wood) , Published
State v. Bowen

True threat; Extortion; First Amendment; N.C. Gen. Stat. 14-118.4; Unconstitutional; Free Speech Clause

, Court of Appeals , COA17-1027-2 (Judge Donna Stroud) , Published
State v. Bennett

Batson, jury selection, peremptory strike, step two, step three, race-neutral explanation, burden of proving purposeful discrimination

, Court of Appeals , COA21-482 (Judge Darren Jackson) , Published
Russell v. N.C. Dep't of Pub. Safety

Office of Administrative hearings had subject matter jurisdiction over contested case where administrative law judge chose to credit testimony regarding whether grievance was timely filed

, Court of Appeals , COA21-403 (Judge Tobias Hampson) , Published
Rosenthal Furs, Inc. v. Fine

Rule 3.7 of the NC Rules of Professional Conduct; Necessary Witness; Witness-Advocate Rule; Lawyer's right to appear pro se

, Court of Appeals , COA21-204 (Judge Jeff Carpenter) , Published
Preston v. Preston

alimony; interlocutory; substantial right; Rule 11 sanctions; absolute divorce

, Court of Appeals , COA21-357 (Judge Darren Jackson) , Published
In re: Pop Capitol Towers, LP

property tax commission; appeals to property tax commission were untimely and commission lacked jurisdiction because notices of appeal were not postmarked or received within 30 days after taxpayers' receipt of notices of decision

, Court of Appeals , COA21-60 (Judge April Wood) , Published
Moss v. N.C. Dep't of State Treasurer

Transitional Disability Benefits; Cost of Living Adjustments; Social Security Offset Amount; Rule 12(b)(6); Motion to Dismiss; Administrative Law Judge; De Novo; Rule 12(b)(1); Chapter 135; N.C. Gen. Stat. § 135-112; N.C. Gen. Stat. § 135-9; N.C. Gen. Stat. § 143-64.80; Contract; Judicial Review; N.C. Gen. Stat. § 150B-51; Administrative Agency; Whole Record Standard of Review; Bank Account Statements; Collateral Estoppel

, Court of Appeals , COA21-219 (Judge Allegra Collins) , Published
Cauley v. Bean

Negligent infliction of emotional distress; NIED; Rule 12(b)(6) motion to dismiss; notice pleading; reasonable foreseeability; severe emotional distress.

, Court of Appeals , COA20-827 (Judge Allegra Collins) , Published
Brady v. Brady

alimony award; amount and duration of alimony; findings supported duration of alimony awarded; findings did not support conclusion of Defendant's ability to pay the amount of alimony awarded; N.C. Gen. Stat. 50-16.3A; equitable distribution; distributive award

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