North Carolina Court of Appeals

North Carolina Court of Appeals Opinions for February 16, 2016

By / February 16, 2016

The North Carolina Court of Appeals released a batch of opinions today: Adams v. The City of Raleigh  (15-782). Probable cause. [Juice Bar Teen-Lounge noise case] Cherry v. Wiesner,   (15-155). standing, historic district, land use, Board of Adjustment, aggrieved party, special damages. [Modern house in Oakwood case] Davignon v. Davignon  (15-743). Award of court cost. Attorney’s fees. …

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N.C. Court of Appeals decisions for February 2, 2016

By / February 2, 2016

The North Carolina Court of Appeals released a batch of opinions today: NC Dep’t Of Pub. Safety v Owens  (15-367). Waiver of Personal Jurisdiction Defense; State employment; Termination; Loss of Credentials; Arbitrary and Capricious. Am. Mech., Inc. v Bostic  (15-385). Appellate Jurisdiction; Rule 3: Business Court. “we take this opportunity to further explain our holding in Ehrenhaus …

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North Carolina Court of Appeals Opinions for January 19, 2016

By / January 19, 2016

The North Carolina Court of Appeals has released a batch of opinions: Carpenter v Carpenter  (14-1066). Alimony; Attorneys’ Fees; Uniform Transfers to Minors Act; Equitable Distribution; Subject Matter Jurisdiction Eason v. Taylor  (15-779). equitable distribution Greenshields, Inc. v. Travelers Prop. Cas. Co. of Am.  (15-539). Failure to prosecute In re: A.B. & J.B.  (15-910). termination of parental rights In …

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Lifetime GPS monitoring requires showing, finding of recidivism – N.C. Court of Appeals

By / January 6, 2016

State v. Springle. Defendant was indicted for indecent exposure in 2013 and pled guilty in 2014. During his sentencing, the judge noted that he was a recidivist and therefore subject to satellite-based monitoring. On the administrative form for recording the order, however, he didn’t check all the right boxes. A footnote explains: Judge Alford checked …

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N.C. Court of Appeals Opinions for January 5, 2016

By / January 5, 2016

The North Carolina Court of Appeals has released a batch of opinions: Alston v Hueske  (15-207) Rule 9(j); Medical Malpractice. Cushman v Cushman  (15-233) Equitable distribution-Pretrial summary judgment motion E. Brooks Wilkins Fam. Med., P.A. v WakeMed,  (15-217) Rule 3(c) of the North Carolina Rules of Appellate Procedure; Actual notice; Appeal from order dismissing an appeal; …

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N.C. Court of Appeals doubles down on warrantless searches of historical cell location data

By / December 17, 2015

State v. Hurtado. Unpublished. The Court of Appeals isn’t backing down from the position that warrantless searches of historical cell phone location data are not “searches” as protected by the Fourth Amendment. In this case, police arrested the Defendant after learning from a source about a large amount of heroin in his car. The source also …

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N.C. Court of Appeals Opinions for December 15, 2015

By / December 15, 2015

The North Carolina Court of Appeals released a batch of opinions today: State v Biddix  (15-161). NCGS 15A-1444(e); Appellate Rule 21; Appellate Rule 2; writ of certiorari Bailey v Ford Motor Co.,  (15-9). Arbitration. Some interesting state discussion of the FAA here, too. Bank of Am., N.A. v Rice,   (15-251). Law of the Case Doctrine; Novations; Assignment; Motion …

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N.C. Court of Appeals Opinions for December 1, 2015

By / December 2, 2015

The North Carolina Court of Appeals released a batch of opinions yesterday: Chandler v Atl. Scrap & Processing,  (14-1351). Workers’ Compensation; reasonableness of plaintiff’s delay in requesting compensation for attendant care services; motion for attorneys’ fees under NCGS 97-88 Easter-Rozzelle v. City of Charlotte  (15-594). NCGS 97-10.2. Third party claim. Settlement of personal injury claim without written …

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Remember to actually raise the First Amendment argument on appeal – N.C. Court of Appeals

By / November 19, 2015

State v. Fryou. This is a case about a sex offender charged with being on the premises of a preschool in violation of N.C.G.S. § 14- 208.18(a). Really, though, this is a case about making sure to raise the right arguments in an appellate brief. Defendant went to a church to meet with the pastor, but …

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N.C. Court of Appeals Opinions for November 17, 2015

By / November 17, 2015

The North Carolina Court of Appeals released a batch of opinions today: Bilodeau v. Hickory Bluffs Cmty. Servs. Ass’n, Inc. (15-501). Liens and fines. PCA. NCGS 47F. Authority to lien. Common areas. Required Notice. Rescission of a prior board decision. Chen v Zou (15-228). service of process by publication, divorce judgment, Rule 60(b)(4) – void judgments Comstock …

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