North Carolina Court of Appeals Opinions for December 6, 2016

1,010 Comments / By / December 6, 2016 / North Carolina Court of Appeals

The N.C. Court of Appeals released a batch of opinions today:

State v Ledbetter  (15-414-2) Appellate review of guilty plea; Jurisdiction; writ of certiorari; Appellate Rules 1,2, and 21; NCGS 15A-1444(e); suspension of appellate rules. She’s no Lilly.
Alexander v. Alexander  (16-556) Unfair and Deceptive Trade Practices Act; In or Affecting Commerce; Misappropriation of Corporate Funds
Bishop v. Cty. of Macon  (16-350) Motion to dismiss, Rule 12(b)(6), heightened pleading standard, collateral estoppel
Daisy v. Yost  (16-324) scintilla of evidence standard, submission of issue of contributory negligence to the jury was error
Eli Global, LLC v. Heavner  (16-186) 12(b)(6) dismissal; Defamation per se; Unfair and deceptive practices [Ordinarily would say more but can’t here for reasons]
In re: A.H. & C.H.  (16-581) Right to Present Evidence at Termination Proceeding; Motion to Quash Subpoena for Juvenile; Informal Offer of Proof
In re: D.M.O.  (16-575) Termination of parental rights; inadequate findings of willful abandonment
In re: P.T.W.  (16-632) Discretionary appointment of Guardian ad Litem in termination proceeding
Judith M. Daly Att’y at L., P.A. v. McKenzie  (16-466) Denial of Continuance Motion, Review Limited to Record Evidence Pay your lawyers.
Lewis v. Transit Mgmt. Of Charlotte  (16-69) workers’ comp; GS 97-25.1; GS 97-47
Lockerman v. S. River Electric Membership Corp.  (15-1113) Fiduciary duty,discounting capital credits, statute of limitations, summary judgment
Settlers Edge Holding Co., LLC v. RES-NC Settlers Edge, LLC  (15-1055) effective repudiation of loan contract, FIRREA and affirmative defenses, recoupment, collateral estoppel, summary judgment
State v. Adams  (15-1384) motion to suppress, hot pursuit
State v. Holloway  (16-381) Motion to dismiss, substantial evidence, acting in concert
State v. Howell  (16-303) Controlled substance; statutory construction; habitual felon status
State v. Lyons  (16-365) Failure to exercise discretion/jury requests to review witness testimony
State v. Mangum  (16-344) Motion to Suppress, Driving While Impaired, Fourth Amendment/Search and Seizure, Investigatory Traffic Stop, Point from which Reasonable Suspicion must be Measured
State v. Mendoza  (16-224) Timely disclosure of evidence; impermissible vouching testimony
State v. Revels  (16-318) Civil contempt; criminal contempt; show cause order; guilty mandate; ineffective assistance of counsel
State v. Stroessenreuther  (16-151) Satellite-Based Monitoring; Facial and As-Applied Fourth Amendment Challenges
State v. Turner  (16-656) Motion to dismiss; Statute of Limitations; Misdemeanor
State v. Wilson  (16-243) Fourth Amendment Seizure
Tetra Tech Tesoro, Inc. v. JAAAT Technical Servs., LLC  (15-1369) Applicability of Rule 59 to Pre-Trial Motions; Appellate Jurisdiction; Trial Court Action while Appeal Pending
Zhu v. Deng  (16-53) Form I-864 Affidavit of support, equitable distribution, duty to mitigate damages

There were also 62 unpublished opinions available here.

Brandon J. Huffman

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