N.C. Court of Appeals opinions for June 6, 2017

In re: Hughes  (15-699-2) (View Supreme Court OpinionEugenics; Heirs; Equal Protection Clause; Constitutionality of a Statute
In re: Redmond  (15-763-2) (View Supreme Court OpinionEugenics; Heirs; Equal Protection Clause; Constitutionality of a Statute
In re: Smith  (15-829-2) (View Supreme Court OpinionEugenics; Heirs; Equal Protection Clause; Constitutionality of a Statute
Bunch v. Britton  (16-181)  rule 12(b)(6)
Farmer v. Farmer  (16-760)  Child custody modification; failure to hold a proper hearing before modifying visitation; insufficient evidence presented and facts found to support custody modification order
In re the Will of James Paul Allen, Deceased  (16-1209)  Holographic codicil to typewrtten will
Innovative Solar 55, LLC v. Robeson Cty.  (16-1101)  solar facility or farm use permit; prima facia entitlement; conditional use permit (CUP) denial; competent evidence to support denial of CUP; generalized speculative concerns of community members.
Kings Harbor Homeowners Ass’n, Inc. v. Goldman  (16-1189)  Summary judgment; platted access easement; riparian rights; ownership of pier; grantor’s intent
Lee v. Cooper  (16-845)  Summary judgment, Lease/option agreement for home, equity of redemption
Parmley v. Barrow  (16-1258)  Interlocutory Appeal.
Rash v. Waterway Landing Homeowners Ass’n, Inc.  (16-1158)  Summary judgment; slip and fall, contributory negligence
State v. Bass  (16-421) self-defense; no duty to retreat under NCGS 14-51.3(a); required instructions; specific acts of aggression; state’s discovery provided on eve of trial; motion to continue; prejudice.
State v. Buchanan  (16-697)  Conviction for obtaining property by false pretenses and attempting to obtain property by false pretenses based on the same conduct; sufficiency of the evidence; applicability of single taking rule; jury instructions.
State v. Jones  (16-1280) Authority of Court of Appeals to Grant petition for certiorari for review of sentencing upon defendant’s plea of guilty, denial of defendant’s right to allocute
State v. Mostafavi  (16-1233) Conflicting Court of Appeals precedents, fatal defect in indictment, State v. Ricks, US currency
State v. Riley  (16-700) sentencing; Brady evidence; substantial similar offenses
State v. Scaturro  (16-1026) Hit and Run; Fatal Variance; Jury Instructions

There were also 29 unpublished opinions, available here.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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