N.C. Court of Appeals Opinions for September 6, 2016

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

Azige v. Holy Trinity Ethiopian Orthodox Tewahdo Church  (15-760) 1st Amendment – ecclesiastical matters; subject matter jurisdiction. MORE TO COME.
Draughon v. Cobblestone HOA Of Clayton, Inc.  (15-1280) Implied in fact contract; benefits; estoppel; unjust enrichment
Emerald Portfolio, LLC v. Outer Banks/Kinnakeet Assocs., LLC  (16-31) Lost Note, Guaranty, Summary Judgment
HSBC Bank USA v. PRMC, Inc.  (16-96) Pro se appeal, Motion to continue, Guarantor, Summary Judgment
Lueallen v. Lueallen  (15-890) Interlocutory appeal; Child Custody, abuse of discretion; child support – imputed income, appears, civil contempt for failure to pay; purge conditions; attorney fees
Mannise v. Harrell  (16-42) 1) domestic violence protective order; 2) personal jurisdiction; 3) long-arm statute; 4) minimum contacts with North Carolina
NC Dept. of Transp. v. Mission Battleground Park  (16-125) 1) just compensation; 2) broker price opinion/comparative market analysis, N.C. Gen. Stat. 93A-83, 3) exclusion of acoustical demonstration, 4) juror misconduct; 5) damage to the residual due to changes in non-owned land [Of note: super loud pink noise inadmissable to show increase in sound from highway project]
Sain v. Cobblestone HOA Of Clayton, Inc.  (15-1302) Implied in fact contract; benefits; estoppel; unjust enrichment
Sanchez v. Cobblestone HOA Of Clayton, Inc.  (15-1281) Inplied in fact contract; benefits; estoppel; unjust Enrichment
Saunders v. ADP TotalSource Fi Xi, Inc.  (15-1390) 1) workers’ compensation; 2) attendant care medical compensation; 3) attorney’s fees; 4) reasonableness review, N.C. Gen. Stat. 97-90(c); 5) standing; 6) intervention; 7) right to direct care
State v. Allen  (16-271) Supervised probation; community punishment; NCGS 15A-1343(a1)and (a1)(3); clerical error in judgment
State v. Clevinger  (15-1292) Hearsay, relevance, robbery with a dangerous weapon
State v. Crabtree  (15-1124) Vouching for victim credibility
State v. Downey  (16-164) Inventory of items seized pursuant to search warrant
State v. Hunt  (16-143) lesser included offense; jury instructions; trafficking in opium; Rule 702; Daubert
State v. King  (15-765) sexual offense, kidnapping, mistrial, motion to dismiss
State v. Wagner  (15-1111) Lay Opinion Testimony as to Guilt; Mitigating Factors at Sentencing; Privilege Against Self-Discrimination
State v. Whisenant  (16-82) Robbery with a dangerous weapon; Wielding unopened knife; Threats of death; Motion to continue and for substitute counsel; Lack of contact and illness.

In addition, there were 36 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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