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 for Judgment on the Pleadings; Motion to Dismiss; Motion for Summary Judgment; Attorneys’ Fees. | |
| Booth v. State (15-640). NCGS 14-415.1 (NC FFA); Declaratory Judgment Act; Effect of pardon on restoration of felon’s firearm rights. | |
| Buckner v Tigerswan, Inc. (15-446). Summary Judgment, notice. Takeaway: Don’t put on a summary judgment argument at a hearing on a motion in limine. Even if your motion is granted, it will be reversed for failure to follow Rule 56. | |
| In re: T.G. (15-754). UCCJEA jurisdiction – Dispositional order. | |
| In Re: M.C. & A.C. (15-247). jurisdiction, termination of parental rights. | |
| Inspection Station No. 31327 v The NC Div. of Motor Vehicles (15-436). Subject matter jurisdiction, mandatory notice requirements, administrative appeal, statutory interpretation. | |
| Landover Homeowners Ass’n, Inc. v Sanders, (14-1337). Ambiguity, summary judgment, dissolved corporation. | |
| Se. Surs. Grp., Inc. v Int’l Fid. Ins. Co., (14-815). stay. <– Lots of abbreviations! | |
| Setzler v Setzler (15-209). Attorneys’ fees, alimony, cohabitation. | |
| State v Ballard (15-335). Corpus Delicti Rule, Error in Record Level Calculation. For those that don’t know: Corpus Delicti is “a seldom invoked legal doctrine that precludes a conviction where the only evidence that the crime occurred is the perpetrator’s own testimony.” | |
| State v Goins (15-184). Sex offenses; Sufficiency of the evidence; Evidence of grooming under N.C. Rules of Evidence 403 and 404(b); Exclusion of bias evidence involving the sexual conduct of a prosecuting witness under N.C. Rules of Evidence 401, 403, and 412 (the rape shield statute); Prejudice under N.C.G.S. Sec. 15A-1443. | |
| State v. McGee (15-722). writ of certiorari; NCGS 15A-1027; collateral attacks on plea arrangements; right to continuance. | |
| Underwood v Hudson (15-283). 18 U.S.C. § 922(g)(9); Misdemeanor crimes of domestic violence; Return of firearms pursuant to N.C. Gen. Stat. § 50B-3.1(f). |
In addition, there were 36 unpublished opinions available here.
One of the unpublished opinions, State v. Hurtado, which deals with warrantless acquisition of cell phone records, will be discussed here soon.
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