Volume 256 — North Carolina Court of Appeals Reports

Personal jurisdiction marriage and divorce of parties that were married in NC but never lived in this state international lifestyle and parties living abroad

termination of parental rights neglect

family law, standing, motion to dismiss, acts inconsistent with parental status

Adverse possession under color of title, NCGS 1-38(a). Adverse possession under 20 years continuous use, NCGS 1-40. Findings of fact not supported by competent evidence. Lappage. Conclusions of law de novo review.

Negligent infliction of emotional distress Foreseeability N.C. Gen. Stat. Section 1A-1, Rule 12(b)(6).

Indictment, Larceny, Identifying the Victim, Fatal Error

First degree murder Motion to withdraw Ineffective assistance of counsel

Motion to dismiss Maintaining vehicle for keeping or selling controlled substances Totality of the circumstances.

First-degree murder motions to dismiss premeditation, deliberation, and self-defense improper closing argument.

Sentencing Hearing Rule 10(a)(1) State v Canady Ineffective Assistance of Counsel Prejudice

second degree murder malice sentencing

Summary judgment Failure to affirmatively aver legal capacity to sue Standing

substantial change of circumstance, modification of child custody

constitutional challenge bar date statute of repose

Facial constitutional challenge presumed validity proof beyond a reasonable doubt Advice and Consent separation of powers 3-judge superior court panel summary judgment.

waiver of right of subrogation, credit against judgments, motion to take depositions post verdict, no abuse of discretion

Speedy trial right Motion to dismiss No error

Invalid indictments obtaining property by false pretenses insufficiently particular description of property

Duress as defense to first-degree murder Repetitious photographs Motion to suppress Inadequate conclusions of law

Prior Acquittal, Collateral Estoppel

Denial of Motion to Suppress in Court Identification Testimony.

habitual impaired driving revocation of probation

Sufficiency of search warrant affidavit N.C. Gen. Stat. 8C-1, Rule 702 multiple assaults

4th Amendment Search and Seizure Reasonable, Articulable Suspicion Consent

Guilty Plea Petition for Writ of Certiorari Rule 2 Rule 21 Appeal

Corpus delicti rule Constructive possession N.C. Gen. Stat. Section 90-113.22A.

DWI evidence-foundation motion to dismiss constructive possession

Motion to dismiss multiple conspiracies serious of random victims question for the jury sufficiency of the evidence

Motion to Suppress Probable Cause for Arrest

Long-Term Disability Benefits for State Employees Recoupment of Overpayment Social Security Disability Offset

Interlocutory Title and area taken Sovereign immunity Inverse condemnation

Subject matter jurisdiction N.C. Gen. Stat. 126-34.02 Whistleblower grievance

restrictive covenants construction of ambiguous terms, plain language, unrecorded survey un-executed document.

Eugenics, Constitutional Claim, Industrial Commission, Agency Decision, Appellate Rule 10, In re Redmond, Jurisdiction, Discretion

Child Custody Guardianship Permanency Planning Reunification

Eugenics, Remand to Consider Constitutional Claim, Supreme Court Mandate

motion to dismiss, first filed prior pending action

breach of contract, fraud, reasonable reliance, UDTPA entry of default by clerk of court representation of a corporation by a non-lawyer

N.C. Gen. Stat. § 20-279.21 underinsurance motorist insurer right to assert claim for contribution

Attorney?s Fees, N.C. Gen. Stat. § 47C-4-117 (2015), Law of the Case doctrine

summary judgment liability for failing to exercise reasonable control over a child's behavior genuine issues of material fact

corroborative testimony, lesser included offense

First degree murder Second degree murder AWDWIKISI.

right to a fair trial right against self-incrimination abduction of a child

Felon possesses firearm in violation of Statute. Constitutional issue.

Testimony about street gangs

DWI expert testimony Rule 702 and Daubert Fit Test retrograde extrapolation prejudicial error

Not guilty by reason of insanity Competency Fundamental Right Plea Sixth Amendment N.C.G.S. Sec. 15A-959

statutory sex offense and statutory rape Rule 403 and 404(b) prior bad acts expert testimony vouching for credibility of victim IAC claim lifetime SBM.

Industrial Commission Enabling Legislation Statutory Interpretation

Lease renewal Motion to dismiss Equitable estoppel Unfair and deceptive trade practices Declaratory judgment

Workers' Compensation: timeliness of claim under N.C. Gen. Stat. 97-24(a)(ii) disabled claimant's contribution to handicapped accessible housing

Zoning Writ of Certiorari from Board of Adjustment N.C. Gen. Stat. 153A-340 Bona Fide Farm Exemption Scope of Appellate Review

Order not entered until filed with Clerk of Court

Assault on a law enforcement officer inflicting serious bodily injury objective probable cause to arrest

Unlawfully taking deer with assistance of artificial lighting Jury instructions

Jury request to question trial witnesses failure to preserve issue for appellate review failure to demonstrate case warrants invoking Appellate Rule 2

Action to confirm arbitration award appropriateness of pre-award interest, costs, and post-award/pre-judgment interest.