Volume 259 — North Carolina Court of Appeals Reports

res ipsa loquitur medial negligence

Class Action Standing

Injury by accident workers' compensation stroke during meeting with supervisor

Workers' Compensation Medical Compensation Non-FDA-Approved Drugs Role of the Courts in Policy Decisions

Constitutional Law, Procedural Due Process, Concealed Handgun Permit

Medicaid Exhaustion of Administrative Remedies Limitations on Bypassing Administrative Review and Seeking Immediate Judicial Review

denial of preliminary injunction town ordinance on private towing interlocutory appeal no substantial right due process equal protection facial challenge

Hearsay Corpus Delicti Ineffective Assistance of Counsel.

Ineffective Assistance of Counsel

Motion to Dismiss DWI Controlled Substance Expert Testimony Rule 702

Motion to suppress Search warrant Probable cause

N.C. Gen. Stat. Section 15A-1344(f)(3) Good cause N.C. Gen. Stat. Section 7A-455

Expert Testimony Aggressor Doctrine Self-Defense Restitution

Modification of child custody trial court's sua sponte modification of child support award lack of appellate jurisdiction to address criminal contempt finding attorneys fees for defense of child custody modification temporary vs. permanent custody orders

directed verdict, Rule 50, governmental immunity, joinder of necessary parties

Driving while impaired, probable cause, motion to suppress, swerving

Corpus Delicti Rule DWI Motion to Dismiss

Search Warrant Probable Cause Insufficient Facts in Warrant Application and Affidavit

jury instructions flight variance plain error

Indictment Fatal Defect Manufacturing a Controlled Substance Elements Intent to Distribute

Local rules, motions practice, littering, litter receptacle, trespass to property, negligence, scope of invitation, motion to dismiss

Workers' compensation causation arising out of employment fall from work truck blackout

Sanctions, Discovery Order

Zoning statutory farm exemption from countrywide zoning under N.C. gen. Stat. 153A-340(b)(1) bona fide farm purpose of agritourism under N.C. Gen. Stat. 153A-340(b)(2a) failure to comply with N.C. Gen. Stat. 160A-393's requirements in challenging zoning board's decision

Child Support Guidelines Required Fact Findings Calculation of Gross Income Regular Capital Gains Dividend Income Payments by Cohabitant for Household Expenses

preliminary injunction zoning and enabling statutes unconstitutional - arbitrary & capricious vague equal protection NC Building Code inverse condemnation laches vested right

Temporary child custody order Without prejudice

modification of child custody sufficient findings of fact nexus between changed circumstances and child's welfare proposed modification and child's best interests mandate upon remand.

Rule 12(b)(6) motion to dismiss foreclosure by power of sale loan modification breach of contract Unfair or Deceptive Trade Practices, NCGS 75-1.1 complaint reveals defense to claim.

Legal malpractice Equitable distribution Marital property Attorney's duty of care

Equitable estoppel as applied to a government agency Solid Waste Management Act NCGS § 130A-291

Under-insured Motorist Coverage.

Double jeopardy N.C. Gen. Stat. 15A-931 voluntary dismissal post-jeopardy dismissal of criminal charge bars reprosecution post-mistrial voluntary dismissal of hung charge bars retrial

Motion to suppress - reasonable suspicion to extend traffic stop

Satellite-based monitoring (SBM) Recidivist sex offender Fourth Amendment Reasonableness of the search

Doctrine of recent possession - element of exclusive possession

Post Conviction DNA Testing and Discovery

Knock and talk warrantless search officers approaching back door of residence clearly visible and unobstructed front door

Motion to suppress Seizure Submission to show of authority Activation of police vehicle lights

Subject Matter Jurisdiction Judicial Review Office of Administrative Hearings Sovereign Immunity

Attorney's Fees Interlocutory Order

Nonprofit Corporation Act, statutory interpretation, termination of membership

1. summary judgment 2. commercial loan agreement 3. breach of contract 4. merger clause 5. unfair or deceptive trade practices 6. statute of frauds- commercial loan- N.C.G.S. § 22-5 6. breach of fiduciary duty 7. failure to object to materials submitted to trial court on summary judgment

Workers' compensation compensability of injury employer-funded disability payment credit Industrial Commission's authority to amend deputy commissioner's opinion and award issue preservation

Neglect adjudication prior history of termination

Motion to set aside separation agreement Consideration Reconciliation Unconscionability

family law, equitable distribution order, lack of subject matter jurisdiction

Driving while impaired motion to suppress probable cause

Counterfeit merchandise and goods probable cause for search nexus between contraband and location to be searched timeliness of evidence to support search motion to suppress, required conclusions of law, NCGS 15A-977(f).

Insufficient probable cause to support issuance of search warrant motion to suppress plain error

felonious stalking, obstruction of justice

Motion to Suppress Probable Cause

Motion for post-conviction DNA testing N.C. Gen. Stat. § 15A-268, N.C. Gen. Stat. § 15A-269 materiality of DNA evidence inventory of evidence.

traffic stop reasonable suspicion

Motion to suppress drugs/marijuana trash search anonymous tip staleness totality of the circumstances test probable cause

Sixth Amendment Right to Counsel structural error critical stage trial court communicating with jury in counsel's absence voir dire harmless error failure to preserve.

Summary judgment Liquidated damages Attorneys' fees