N.C. Court of Appeals Opinions for April 4, 2017

The North Carolina Court of Appeals released a batch of opinions today:

State v. Rice  (16-906) stolen firearms; constructive possession [It’s not Lock Stock and Two Smoking Barrels, that’s for sure.]
Brackett v. Thomas  (16-912) DWI; willful refusal of chemical test; administrative review; NCGS 20-16.2
Conleys Creek Ltd. P’ship v. Smoky Mountain Country Club Prop. Owners Ass’n  (16-647) Dispute between developer/declarant and property owners, summary judgment, Rule 12(b)(6), Planned Community Act, breach of contract, breach of good faith and fair dealing, breach of fiduciary duty
Hewitt v. Hewitt  (16-16) Constructive Fraud; Confidential Relationship; Fiduciary Relationship
In re: L.L.O.  (16-1098) Termination of parental rights; NCGS 7B-1111(a)(1); NCGS 7B-1111(a)(2); findings of fact; conclusions of law; stream of consciousness. [Important read for anyone doing TPR work or GAL appeals; Findings of fact at trial court need to be specific and address all elements required for TPR].
In re: J.K.  (16-823) clerical error, NCGS 7B-911
In re: T.N.  (16-1011) UCCJEA; NCGS 50A-201 et seq.; jurisdiction; termination of parental rights.
Kelley v. Kelley  (16-425) Denial of summary judgment; interlocutory appeal affecting substantial right; modification of a separation agreement; void ab initio contract, equal dignity; estoppel.
State v. Spruiell  (16-639) Motion for appropriate relief; ineffective assistance of appellate counsel; felony murder; merger doctrine; discharging weapon into occupied property
State v. Wright  (16-1017) Armed robbery; endanger or threaten life of victim; fear of victim
Watlington v. Dep’t of Soc. Servs. Rockingham Cty.  (16-1038) State Human Resources Act, NCGS 126-1 et seq; Title 25, Subchapters I and J of NC Administrative Code; ALJ required findings of fact and conclusions of law; just cause to terminate; back pay for procedural violation.

There were also 32 unpublished opinions available here.

Brandon J. Huffman

Brandon is the founder of Odin Law and Media. His law practice focuses on transactions and video games, digital media, entertainment and internet related issues. He serves as general counsel to the International Game Developers Association and is an active member of many bar associations and community organizations. He can be reached at brandon at odin law dot com.

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