Volume 257 — North Carolina Court of Appeals Reports

NCGS 160A-393 judicial review motion to dismiss failure to name a necessary party proper respondent special use permit

Solar farm use permit prima facie showing harmonious use rebuttal evidence.

subject matter jurisdiction clerical error

Unincorporated Separated Agreement Child Support Alimony Changed Circumstances Employment Motion to Reopen the Evidence Specific Performance Contract

special use permit prima facie showing standing de novo and whole record review sufficiency of the evidence.

Planned Community Act (PCA) NCGS 47F-1-101 et seq. posting a bond restrictive covenants power to fine under the PCA mootness summary judgment Homeowners' Associations.

Illegal Contracts Permanent Injunction Summary Judgment Easements

Attorney discipline magistrates as judicial officers meaning of tribunal conduct prejudicial to the administration of justice N.C. Rules of Professional Conduct 3.5(a)(4)(B) and 8.4(d)

Rules of Professional Conduct Disciplinary Hearing

Standing for an adjacent landowner's challenge to a rezoning ordinance

Rule 702 Admissibility of HGN test results Daubert Standard

Hit and Run Resulting in Death Hit and Run Resulting in Injury Lesser Included Offense

Sixth Amendment right of counsel, clear and unequivocal waiver required, knowing and voluntary waiver of right to counsel, misconduct

Trial court presumed to have jurisdiction

Equitable Distribution Distributive Award Uniform Fraudulent Transfer Act

ability to comply, noncompliance not wilful

Juvenile delinquency Entity capable of owning property Motion to dismiss Sentencing Dispositional alternatives

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.

summary judgment statute of limitations competency

robbery with a dangerous weapon, multiple punishments, different offenses, legislative intent

Facial validity of indictment essential elements of crime of littering N.C. Gen. Stat. § 14-399 (a)

Civil contempt appeal from order denying motion for custodial release alleged inability to comply

custody order abuse of discretion substantial evidence allegations of sexual abuse uncontested findings of fact weight of expert testimony.

Service of Judgment, Time to Appeal, Actual Notice of Judgment, Burden of Proof, Modification of Custody Orders, Temporary, Permanent

Adjudication of Neglect Adjudication of Dependency.

Equitable distribution: Expert witness?s valuation of deferred compensation

uninsured motorist summary judgment statute of limitations service

Criminal conversation Alienation of Affection Post-separation conduct Pre-separation conduct

Appeal and Error, Post-Conviction DNA Testing, Subject Matter Jurisdiction

Criminal Defendant's Right to be Heard Before Entry of Civil Judgment for Court-Appointed Counsel's Fees Plain Error Ineffective Assistance of Counsel

Reconvening Order Traffic Stop Reasonable Suspicion.

Cross-examination Post-arrest silence Impeachment

Contracts, Civil Procedure, Summary Judgment

Interlocutory appeal substantial right no waiver of governmental immunity by purchase of excess liability insurance Rule 12(b)(6) standard procedural due process claim

Failure to state exceptions in petition for judicial review of local school board decision failure to personally serve the Board with petition for judicial review applicability of N.C. Gen. Stat. § 150B-46 to appeal of local school board decisions

12(b)(6) and (7) summary judgment consumer credit sale breach of contact NCGS § 25A-25

Rule 12(b)(6) motion to dismiss statute of limitations standing breach of fiduciary duty constructive fraud

Ad valorem tax assessment Rebuttable presumption of correctness Valuation

Parental Rights, Termination of Parental Rights, Wilful Abandonment, Findings of Fact in Terminating Parental Rights

N.C. Gen. Stat. 48-3-605 Revocation of consent

Repetition of Neglect Anders Brief.

Obligation to renew motion for directed verdict at close of all evidence Rule 59 new trial standard of review Motion to disqualify counsel Obligation to file appellant's brief in cross-appeal

Attorney discipline violation of Rules of Professional conduct unauthorized practice of law whether findings of fact in DHC order support conclusions of law excessive punishment five-year suspension

Summary judgment Title VII employment discrimination and retaliation sexual harassment

Rule 8(a)(1) Pleading Dismissal Rule 12(b)(6) Sanction Rule 41(b)

Nonsignatory's motion to compel arbitration, equitable estoppel, subcontractor agreement, common law and statutory claims.

Possession of Controlled Substances, Evidence of Nature of Controlled Substance, Chemical Analysis, Defendant Admission of the Nature of a Controlled Substance, State's Burden of Proof

Rule 2, fatal variance & indictment, motion to dismiss

PWISD marijuana motion to dismiss sufficiency of evidence 11.5 grams marijuana, digital scale, and sandwich bags defective notice of appeal North Carolina Rules of Appellate Procedure 4(a) and 21(a)

Resisting Public Officer Sufficiency of Evidence Double Jeopardy

Indictment Sufficient Evidence Aiding and Abetting Obtaining Property by False Pretenses Unlicensed Bail Bonding

Involuntary manslaughter conviction based on commission of the ?unlawful act? of affray jury instructions defense of others as a defense to an unlawful act self-defense.

Probation consent of defendant failure to process notice of revocation hearing subject matter jurisdiction.

Second-Degree Murder Aggressor Doctrine Closing Argument

Probation, Revocation, Voluntary Extensions, Mootness, Adverse Consequences, Medical, Psychological, and/or substance Abuse Treatment

Authorization of remote testimony of child victim under N.C.G.S. 15A-1225.1 first-degree sexual offense with a child indecent liberties with a child motion to dismiss for insufficient evidence improper closing argument

Pro Se Defendant Waiver of Counsel.

Mandate from Court of Appeals issues upon transmittal to the lower court, not on receipt by lower court

Motion to suppress Fourth Amendment applying the private-search exception to the warrant requirement to an electronic storage device whether a follow-up police search for potential contraband data on a privately searched thumb drive was lawful under the private-search doctrine whether excising tainted allegations from an application still supplied probable cause to issue the search warrant.

Domestic criminal trespass misdemeanor breaking or entering motion to dismiss remand for correction of a clerical error

Right to a speedy trial, evidentiary hearing, Barker v. Wingo factors, prosecutorial negligence, pretrial incarceration, prejudice.

Administrative Law, Just Cause, State Employee