N.C. Court of Appeals Opinions for May 2, 2017

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

Anders v. Universal Leaf N. Am.  (16-910) Workers’ Compensation, Hernia Injuries, Partial Disability, Parsons Presumption, Limitation Period on Claims for Additional Medical Compensation, Seagraves Test, Claimant’s Failure to Prove Disability
Cole v. N.C. Dep’t of Pub. Safety  (16-340) Career state employee; just cause; unsatisfactory job performance; N.C.G.S. section 1A-1, rule 41(a)(1)
Freedman v. Payne  (16-969) Law of the case, In Pari Delicto Doctrine
In re: J.S.C.  (16-1222) Adjudication of Abuse and Neglect, Evidentiary Standard that applies to findings contained in consent orders
Laprade v. Barry  (16-11) custody, change of circumstances
State v. Cox  (16-1068) second-degree murder; DWI; delayed appearance before judicial official; access to witness or attorney; proximate cause of victims’ death or injury; exclusion of evidence to show bias
State v. Harris  (16-874) Past recorded recollection; hearsay; corroborative evidence; supplemental jury instructions.
State v. Johnson  (16-527) 1st degree sexual offense with a child; sex offense by a substitute parent; unanimous jury verdict; lifetime sex offender registration NCGS 14-208.6A; Grady v. North Carolina reasonableness of lifetime Satellite Based Monitoring.
State v. Regan  (16-682) Probation Revocation; Subject Matter Jurisdiction; N.C. Gen. Stat. 15A-1344
State v. Reynolds  (16-149) double jeopardy, N.C.G.S. section 14-208.11(a)
State v. Whitehurst  (16-1021) Denial of Defendant’s Request to Set Aside Plea of Guilty
The City of Asheville v. Frost  (16-577) Interlocutory Appeal; Statutory Interpretation [Absurdity Canon Strikes Again]
US Chem. Storage, LLC v. Berto Constr., Inc.  (16-628) Motion to dismiss; Forum selection clause; Minimum contacts; Personal jurisdiction
WidenI77 v. NC Dep’t of Transp.  (16-818) summary judgment; tax; delegation of power; Turnpike statute

There were also 32 unpublished opinions available here.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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