N.C. Court of Appeals Opinions for May 16, 2017

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

State v. Martinez  (16-374-2) propriety of expert testimony regarding credibility of child witness, prospective juror remarks, ambiguity in jury instructions, Defendant’s presentation of impeachment evidence
Henderson v. The Charlotte-Mecklenburg Bd. of Educ.  (16-977) Statutory Immunity; Interlocutory Appeal; Motion to Dismiss [Sort of a basketball case]
Edwards v. Foley  (16-1060) Interlocutory appeal from summary judgment order; appellant’s brief must contain sufficient facts and argument to support appellate review on the ground that the challenged order affects a substantial right.
Hanna v. Wright  (16-1134) Interlocutory; Substantial Right; Contract Dispute
In re: K.B.  (16-970) Abuse, neglect, dependency
In re: M.B.  (16-1165) Compliance with JCPC Mooted by Guardian’s Return to NC, Rights of Parent after Guardianship Established for Child
In re: T.K.  (16-1047) Requirements for a juvenile petition in a delinquent case; Jurisdictional defects under N.C. Gen. Stat. 7B-1703
Locklear v. Cummings  (16-1015) Medical Malpractice; Ordinary Negligence; Service of Process.
McKinney v. McKinney  (16-884) Appeal from criminal and civil contempt order; child custody dispute
Orren v. Orren  (16-1024) Alimony; Cohabitation; Equitable Distribution
Plasman v. Decca Furniture (USA), Inc.  (16-777) Mandatory Complex Business Case, Preliminary Injunction, Order directing Party to Comply with Injunction, Effect of Pending Interlocutory appeal on Trial Court’s Continuing Jurisdiction Over an Action, Civil Comtempt
Radiator Specialty Co. v. Arrowood Indem. Co.  (16-638) Appellate jurisdiction; interlocutory appeals; failure to demonstrate substantial right
State v. Burris  (16-238) motion to suppress self-incriminating statement, warrantless blood draw, motion to dismiss for insufficient evidence
State v. Fowler  (16-947) DWI; Jury Instructions; New Trial.
State v. Maloney  (16-851) Fatally Defective Indictment; Continuing Offense, Manufacturing Methamphetamine
State v. Moore  (16-999) Denial of Continuance Motion, Denial of Suppression Motion, Admission of Store Surveillance Video
State v. Powell  (16-1022) Warrantless search of a probationer’s home; for purposes directly related to probation supervision; N.C. Gen. Stat. § 15A-1343(b)(13); motion to suppress
State v. Williams  (16-684) Preservation, 404(b) evidence
Weaver v. Dedmon  (16-55) Arising out of and in the course of employment; work-related activity; negligence theory
Wilson v. Pershing, LLC  (16-803) Dismissal Pursuant to Rules 12(b)(1), (4), and (6) of the North Carolina Rules of Civil Procedure, Motion to continue, Fraud, Constructive Fraud, Breach of Fiduciary Duty, Statutes of Limitations, Discovery Rule for Fraud-based Actions

There were also 26 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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