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.] |
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| Brackett v. Thomas (16-912) DWI; willful refusal of chemical test; administrative review; NCGS 20-16.2 |
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| 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 |
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| Hewitt v. Hewitt (16-16) Constructive Fraud; Confidential Relationship; Fiduciary Relationship |
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| 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]. |
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| In re: J.K. (16-823) clerical error, NCGS 7B-911 |
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| In re: T.N. (16-1011) UCCJEA; NCGS 50A-201 et seq.; jurisdiction; termination of parental rights. |
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| 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. |
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| State v. Spruiell (16-639) Motion for appropriate relief; ineffective assistance of appellate counsel; felony murder; merger doctrine; discharging weapon into occupied property |
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| State v. Wright (16-1017) Armed robbery; endanger or threaten life of victim; fear of victim |
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| 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There were also 32 unpublished opinions available here.
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