Court of Appeals

, Court of Appeals , COA20-268 (Judge Chris Dillon) , Published
State v. Barber

Second-degree trespass, General Assembly, misdemeanor statement of charges, indictment, district court, superior court, trial de novo, amendment in substance, conduct, first amendment, public property, forum, jury instructions, without authorization, legal right.

, Court of Appeals , COA20-610 (Judge John Tyson) , Published
State v. Applewhite

Right to counsel; sufficient indictment; pro se representation; competency to stand trial; prior record level; no merger; NCGS 14-43.11(a)(i); human trafficking; promoting prostitution; habitual felon status; NCGS 90-113.22A

, Court of Appeals , COA21-268 (Judge John Arrowood) , Published
State v. Thorpe

Motion for appropriate relief; COVID-19; cruel and unusual punishment.

, Court of Appeals , COA20-882 (Judge Allegra Collins) , Published
State v. Crisp

No error in omission of jury instruction on defense of accident, jury's verdict of second-degree murder was not ambiguous for sentencing purposes, no error in omission of jury instruction on depraved-heart theory of malice.

, Court of Appeals , COA21-68 (Judge Darren Jackson) , Published
Wadsworth v. Wadsworth

divorce, equitable distribution, child custody, and alimony; trial court's findings related to work-related childcare, extraordinary expenses, and child support arrears were supported by competent evidence and court did not abuse its discretion in making said findings; life insurance the supporting spouse was ordered to maintain did not qualify as security for his child support and alimony obligations; and attorney's fee award improperly included fees for equitable distribution portion of the case

, Court of Appeals , COA21-221 (Judge John Tyson) , Published
Roberson v. Trupoint Bank

Judgment on the pleadings; lack of enforceable agreement; negligent misrepresentation; fraud; particularity of averments of fraud; NCGS 1A-1, Rule9(b)

, Court of Appeals , COA21-175 (Judge John Tyson) , Published
Rural Empowerment Ass'n for Cmty. Help v. State of N.C.

Right to Farm Act legislative amendments; three-judge panel; facial constitutional challenge; Law of the Land Clause; private versus general laws; right to trial by jury; limitations on damages; nuisance; agricultural and forestry activities; statute of limitation.

, Court of Appeals , COA21-158 (Judge John Tyson) , Published
Mendez v. Mendez

Child support modification; imputing plaintiff's income; depressing income; bad faith; extraordinary expenses; attorney's fees; medical conditions.

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