Volume 255 — North Carolina Court of Appeals Reports

Workers' Compensation N.C. Gen. Stat. Sec. 97-2(5) Fair and just results Method 3

Motion to compel interlocutory order substantial right

Attorney's fee award Discretion

Foreclosure by Power of Sale collateral attack Uniform Declaratory Judgment act N.C. Gen. Stat. Sec. 45-21.34

Involuntary Commitment Breach of Duty to Third Parties Motion to Dismiss, Motion to Amend

Zoning interpretation and application of zoning ordinance

motion for summary judgment breach of contract fraudulent billing unfair and deceptive trade practices

Prior record level calculation Substantially similar out-of-state offenses N.C. Gen. Stat. Section 15A-1340.14(e).

Jury instructions indictment fatal variance acting in concert

Criminal Sentencing Life Imprisonment Juvenile

Absconding, Violation of Probation, Justice Reinvestment Act, Mootness

Motion to suppress protective sweep plain view doctrine incriminating nature

Joinder of offenses for trial felonious breaking or entering jury instruction- intent to commit a felony' conflicting jury instructions plain error analysis.

Rule 403 and 412 past sexual conduct of a prosecuting witness North Carolina Rape Shield Law Relevancy and Rule 403 balancing

Suppression Hearing testimony Summary Grant or Denial Serious bodily injury

Possession with intent to sell or deliver marijuana sufficiency of the evidence presence of stolen and loaded handgun presence of large amount of cash.

Motion to dismiss concealment & fabrication of evidence 42 U.S.C. § 1983 malicious prosecution state law malicious prosecution civil obstruction of justice adequate State remedy N.C. constitutional claim

racial discrimination and retaliation, Title VII, no causal connection between alleged protected activities and adverse action

NCGS 97-2(5) determination of average weekly wages less than 52 weeks employment exceptional circumstances exclusion of outside employment wages.

Second motion for summary judgment Interlocutory

Judicial sale of property good faith purchaser due diligence requirement for service of process

Indian Child Welfare Act Termination of Parental Rights

Constitutionality of Alienation of Affection and Criminal Conversation Facial Challenge Substantive Due Process Free Speech and Expression

worker's comp per diem payments

Parsons presumption Competent Evidence Industrial Commission Workers? Compensation

Summary Judgment Law of the Case Doctrine

General Warranty Deed Deed Interpretation

Subject matter jurisdiction Misdemeanor Citation Open container offense

Motion to Dismiss Sufficient evidence Delaying public officer Willfulness

Expert Witness Testimony Ineffective Assistance of Counsel

Affidavit submitted in application for search warrant

Motion to dismiss Sufficient evidence Larceny of a firearm

Miller v. Alabama Resentencing Jurisdiction

Rule 702 Daubert Standard IAC, mistrial NCGS 15A-1222

Interlocutory Substantial Right Governmental Immunity

Certificate of need geographical scope of agency's review showing of funding for project substantial prejudice summary judgment deference to agency.

Wrongful death action bifurcated trial compensatory and punitive damages jury instruction on pain and suffering jury voir dire ?stake out? questions during voir dire.

Hearsay adjudication of serious neglect N.C. Gen. Stat. Sec. 7B-901(c)

Permanency planning order Guardian Adequate resources.

Administrative Procedure Act Delegation of legislative authority Agency rulemaking

Deviation from Child Support Guidelines Attorney's Fees and Costs.

sound basic education, motion to dismiss, constitutional duty of the State, not local entities counties are creatures of the State

partition by sale partition in kind

Public Utility Simpson Factors

larceny injury to personal property lack of transcript

Dismissal of appeal writ of certiorari Appellate Rules 2 and 21 defective indictment lack of jurisdiction set aside guilty plea.

Conditional discharge Sentencing

Ineffective assistance of counsel discovery violations prior record level determination attorney's fees and appointment fee

Reasonable Suspicion.

motion to suppress, HGN test, Rule 702

Risk of loss for fraud by employee statutory authority of reinsurance facility fidelity losses arising out of claims handling standard of review of Commissioner's decision equitable estoppel and defenses pre-hearing discovery, NCGS 58-37-65

Deferred compensation equitable distribution alimony earning capacity vs. current actual income

Negligence, duty of care, negligent misrepresentation

declaratory judgment, insurance coverage

Unpreserved Grady issue untimely appeal petition for a writ of certiorari

N.C. Gen. Stat. Sec. 15A-544.5 - reasons for setting aside bond forfeiture

Civil Procedure, Constitutional Law, Fourth Amendment, Search and Seizure, Remedies, Sexual Offenses, Indecent Liberties, Sentencing, Satellite-Based Monitoring

N.C. Gen. Stat. Sec. 544.5(f) - bail bond forfeiture - actual notice of defendant's prior failures to appear

N.C.G.S. Sec. 15A-544.5 - motions to set aside bond forgeiture reduction of bond amount not permitted

Corpus Delicti Probable Cause.

Motion to supress informant's tips reasonable suspicion

Abuse of discretion Reversal of motion to set aside entry of default Showing of good cause

Service of Process Due Diligence Publication Foreclosure