Volume 253 — North Carolina Court of Appeals Reports

Rule 12 motions to dismiss sovereign immunity purchase of insurance Tort Claims Act public official immunity public official versus public employee.

condemnation, interlocutory appeal, determination of which of the landowner's lots constitute the entire tract affected by the taking

Termination of Parental Rights Circumstances at Time of Termination Hearing

standing to file a juvenile petition subject matter jurisdiction county of residence nonsecure custody order.

Latent error in deed of trust

Juvenile adjudication abuse, neglect, and dependency Fifth Amendment right against self-incrimination initial dispositional hearing ceasing reunification efforts appropriate relative placement

equitable distribution order, subject matter jurisdiction, in-kind distribution, distributional factors, future value of timber

Interlocutory summary judgment bankruptcy

motion to dismiss immunity interlocutory

?Governmental immunity? ?Proprietary vs Governmental functions? ?notice of lis pendens and preliminary injunctions.?

Possession of a firearm by a felon canine tracking motion to dismiss insufficient evidence of actual or constructive possession.

Unconstitutional Search of Home's Curtilage Knock and Talk Doctrine Community Caretaker Doctrine

Illustrative Evidence, Photographs from Social Media

?Disjunctive jury instructions? ?new trial? ?jury instructions unsupported by the evidence.?

Breaking or entering a place of religious worship possession of burglary tools injury to personal property curtilage fatal variance in indictment facial invalidity of indictment constructive possession insufficiency of the evidence.

Spitting Assault on a government officer Requisite intent

Motion to suppress prior conviction presumption of regularity

NC Hazardous Waste Management Fed - RDRA hazardous waster permit program

Interlocutory Appeal Statutory Interpretation

Career state employee just cause unsatisfactory job performance N.C.G.S. section 1A-1, rule 41(a)(1)

Law of the case, In Pari Delicto Doctrine

Adjudication of Abuse and Neglect, Evidentiary Standard that applies to findings contained in consent orders

custody, change of circumstances

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

Past recorded recollection hearsay corroborative evidence supplemental jury instructions.

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.

Probation Revocation Subject Matter Jurisdiction N.C. Gen. Stat. 15A-1344

double jeopardy, N.C.G.S. section 14-208.11(a)

Motion to dismiss Forum selection clause Minimum contacts Personal jurisdiction

summary judgment tax delegation of power Turnpike statute

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.

Interlocutory Substantial Right Contract Dispute

Statutory Immunity Interlocutory Appeal Motion to Dismiss

Abuse, neglect, dependency

Compliance with JCPC Mooted by Guardian's Return to NC, Rights of Parent after Guardianship Established for Child

Requirements for a juvenile petition in a delinquent case Jurisdictional defects under N.C. Gen. Stat. 7B-1703

Medical Malpractice Ordinary Negligence Service of Process.

Alimony Cohabitation Equitable Distribution

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

Appellate jurisdiction interlocutory appeals failure to demonstrate substantial right

motion to suppress self-incriminating statement, warrantless blood draw, motion to dismiss for insufficient evidence

DWI Jury Instructions New Trial.

Fatally Defective Indictment Continuing Offense, Manufacturing Methamphetamine

propriety of expert testimony regarding credibility of child witness, prospective juror remarks, ambiguity in jury instructions, Defendant?s presentation of impeachment evidence

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

Preservation, 404(b) evidence

Arising out of and in the course of employment work-related activity negligence theory

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

Child custody modification failure to hold a proper hearing before modifying visitation insufficient evidence presented and facts found to support custody modification order

Holographic codicil to typewrtten will

Eugenics Heirs Equal Protection Clause Constitutionality of a Statute

solar facility or farm use permit prima facia entitlement conditional use permit (CUP) denial competent evidence to support denial of CUP generalized speculative concerns of community members.

Summary judgment platted access easement riparian rights ownership of pier grantor's intent

Summary judgment, Lease/option agreement for home, equity of redemption

Interlocutory Appeal.

Summary judgment slip and fall, contributory negligence

self-defense no duty to retreat under NCGS 14-51.3(a) required instructions specific acts of aggression state's discovery provided on eve of trial motion to continue prejudice.

Conviction for obtaining property by false pretenses and attempting to obtain property by false pretenses based on the same conduct sufficiency of the evidence applicability of single taking rule jury instructions.

Authority of Court of Appeals to Grant petition for certiorari for review of sentencing upon defendant's plea of guilty, denial of defendant's right to allocute

Conflicting Court of Appeals precedents, fatal defect in indictment, State v. Ricks, US currency

sentencing Brady evidence substantial similar offenses

Hit and Run Fatal Variance Jury Instructions