N.C. Court of Appeals Opinions for June 7, 2016

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

Friday Invs., LLC v. Bally Total Fitness Of The Mid-Atl., Inc.  (15-680). Tripartite Attorney-Client Privilege; Common Interest Doctrine (Good read for lawyers, probably boring for everyone else)
Gerity v. NC Dept. of Health & Hum. Servs.  (15-843). Whistleblower Act
Glenn v. Johnson  (15-523). summary judgment; negligent infliction of emotional distress; intentional infliction of emotional distress; defamation – libel and slander per quod (Another reminder that libel claims should specifically identify the allegedly libelous statements…)
In re: O.D.S.  (15-1148). Termination of parental rights; render judgment; enter judgment
In re: A.M. & E.R.  (15-1035). Abuse; Child support
In re: Corning Inc.  (15-954). Tax assessment
In re: Korfmann  (15-1005). Direct criminal contempt (reversal of 30 days in prison for using a cell phone during jury deliberations, lol)
Myers v. Clodfelter  (15-1307). Prescriptive easement; hostile use; claim of right; sole means of access and egress.
Powell v. P2Enterprises, LLC  (15-542). Summary Judgment; North Carolina Wage and Hour Act; Federal Fair Labor Standards Act; Economic Reality Test
Ragland v. Nash-Rocky Mount Bd. Of Educ.  (15-862). Teacher termination, board of Education, review of agency decision, motion to strike
State v Bohannon  (15-389). Felony child abuse inflicting serious bodily injury; Prosecutor’s Closing Remarks
State v. Brice  (15-904). Indictment
State v Crandell  (15-461). criminal, motion to suppress, reasonable suspicion to stop
State v. Crook  (15-893). Motion to suppress; jury instructions; prior record level
State v. Dulin  (15-547). criminal, motion to dismiss, actual or constructive possession, possession of marijuana with intent to sell or deliver
State v. Fleming  (16-37). Common Law Robbery; Conspiracy; Rule 404(b); Video Evidence. Sentencing.
State v. Navarro  (15-1065). Bond forfeiture; extraordinary circumstances
State v Portillo  (14-1206). First degree murder; Motion to suppress; Confessions; Miranda custody analysis; Technical violations of the Criminal Procedure Act; Self-serving exculpatory statements
State v Sawyers  (15-980). community care taking exception; seizure; reasonable suspicion; NCGS § 20-16.2
Weideman v. Shelton  (15-772). Child custody dispute between parent and nonparent; Non-biological grandmother, intervenor, who helped raise child had standing to intervene in child custody proceedings but was not entitled to custody or visitation where intervenor failed to demonstrate that mother was unfit or acted inconsistently with her protected parental status; Mother’s decision to grant exclusive custody of her child to child’s biological grandmother was not conduct inconsistent with her protected status, where evidence showed intervenor had purposefully impeded mother’s ability to assume her role as her child’s parent, and this custodial arrangement allowed mother to assume her role as her child’s mother in future.
Wray v. City of Greensboro  (15-912). Governmental immunity, motion to dismiss, N.C. Gen. Stat. § 160A-167, indemnification of city employees

There were also 25 unpublished decisions, available here.