The North Carolina Court of Appeals released a batch of opinions today:
State v. Mylett (16-816) Spitting; Assault on a government officer; Requisite intent | |
In re: J.K. (16-823) NCGS 7B-911 | |
Boone Ford, Inc. v. IME Scheduler, Inc. (16-750) Consolidation | |
Chastain v. Arndt (16-1151) Rule 12 motions to dismiss; sovereign immunity; purchase of insurance; Tort Claims Act; public official immunity; public official versus public employee. | |
Dep’t of Transp. v. Riddle (16-445) condemnation, interlocutory appeal, determination of which of the landowner’s lots constitute the entire tract affected by the taking | |
In re: A.B., C.B., J.B., A.B. (16-1040) Termination of Parental Rights; Circumstances at Time of Termination Hearing [No comment] | |
In re: L.C. (16-1009) Juvenile adjudication; abuse, neglect, and dependency; Fifth Amendment right against self-incrimination; initial dispositional hearing; ceasing reunification efforts; appropriate relative placement | |
In re: A.P. (16-1010) standing to file a juvenile petition; subject matter jurisdiction; county of residence; nonsecure custody order. | |
In re: Thompson (16-1014) Latent error in deed of trust | |
Miller v. Miller (16-486) equitable distribution order, subject matter jurisdiction, in-kind distribution, distributional factors, future value of timber | |
Moon Wright & Houston, PLLC v. Cole (16-1046) Interlocutory; summary judgment; bankruptcy | |
Page v. Chaing (16-611) motion to dismiss; immunity; interlocutory | |
Providence Volunteer Fire Dep’t, Inc. v. Town of Weddington (16-80) Governmental immunity; Proprietary vs Governmental functions; notice of lis pendens and preliminary injunctions. | |
State v. Battle (16-1002) Possession of a firearm by a felon; canine tracking; motion to dismiss; insufficient evidence of actual or constructive possession. | |
State v. Huddy (16-904) Unconstitutional Search of Home’s Curtilage; Knock and Talk Doctrine; Community Caretaker Doctrine | |
State v. Little (16-870) Illustrative Evidence, Photographs from Social Media | |
State v. Malachi (16-752) Disjunctive jury instructions; new trial; jury instructions unsupported by the evidence. | |
State v. McNair (16-707) Breaking or entering a place of religious worship; possession of burglary tools; injury to personal property; curtilage; fatal variance in indictment; facial invalidity of indictment; constructive possession; insufficiency of the evidence. | |
State v. Thorpe (16-1008) Motion to suppress prior conviction; presumption of regularity | |
Terry v. The Cheesecake Factory Rests., Inc. (16-549) venue | |
WASCO LLC v. N.C. Dep’t Of Env’t & Nat. Res. (16-414) NC Hazardous Waste Management; Fed – RDRA; hazardous waster permit program |
There were also 28 unpublished opinions available here.
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