The North Carolina Court of Appeals released a batch of opinions today:
| Bell v. Goodyear Tire & Rubber Co. (15-1299) Workers’ Compensation; Compensable Injury; Causal Relationship; Compensation Benefits; Trial Return to Work; Sanctions |
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| Harris & Hilton, P.A. v. Rassette (16-809) Rule 3.7 of NC Rules of Professional Conduct; necessary witness; witness-advocate rule [Trial court did not abuse discretion by prohibiting attorneys from both testifying in fee dispute and representing their law firm as a client.] |
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| Hildebran Heritage & Dev. Ass’n, Inc. v. The Town of Hildebran (16-568) Open meetings law; Partial directed verdict; Attorney’s fees. [Lack of overflow seating or external speakers, absent more, not an unreasonable failure of access] |
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| In re: R.P., Jr. (16-856) ?permanency planning review hearing requirements;? ?constitutionally protected status of parents;? ?requirement that a parent be found unfit for a change in guardianship placement.? |
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| Lund v. Lund (16-813) Equitable distribution;appeal after remand; value of marital residence; law of the case. |
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| Meinck v. City of Gastonia (16-892) Governmental immunity; lease of premises to private entity; proprietary function; slip and fall; contributory negligence; summary judgment |
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| Porter v. Porter (16-329) equitable distribution order, classification and valuation, distributive award |
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| Rittelmeyer v. Univ. of N. Carolina at Chapel Hill (15-1228) ADA, termination |
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| State v. Bradford (16-988) Jury Instructions; Flight; Clerical Error |
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| State v. Burris (16-238) motion to suppress, self-incriminating statement, custodial interrogation, warrantless blood test |
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| State v. Fink (16-934) larceny by employee; NCGS 14-74; identity of the employer; fatal variance; Rule 404 (b) evidence; Rule 403 prejudice |
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| State v. Garner (16-289) Failure to specify an entity capable of owning property on a larceny indictment;? ?arresting judgment without express justification for doing so;? ? double-jeopardy related arrest of judgment. |
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| State v. Jacobs (16-464) Evidence – Rule 412(b) |
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| State v. Walker (16-109) ?preservation of an argument on appeal;? ?sufficiency of the evidence;? ?general motion to dismiss for sufficiency of the evidence;? ?specific argument for a motion to dismiss for sufficiency of the evidence.? |
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| Terrell v. Kernersville Chrysler Dodge, LLC (16-429) Denial of motion to compel arbitration |
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| Wolski v. NC Div. of Motor Vehicles (16-702) Driver?s license revocation, implied-consent offense, affidavit modification, refusal to submit to testing |
There were also 30 unpublished opinions available here.
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