Volume 260 — North Carolina Court of Appeals Reports

Standing, Injury in fact, political advertisement, Stand by your ad law, statutory damages

Liability of lender to borrower for inaccurate home appraisal N.C. Gen. Stat. § 53-244 (SAFE Act) justifiable reliance breach of contract unfair and deceptive trade practices

N.C. Gen. Stat. § 126-35 discharge without just cause authority to accept a resignation compliance with grievance process attorneys' fees appointing authority

Adjudication of neglect consent adjudication order requirements pre-adjudication hearing findings

Summary Judgment, Negligence, Negligent Infliction of Emotional Distress, Immunity

no contact order, Chapter 50C

Satellite-based monitoring Motion to discharge counsel Ineffective assistance of counsel

ineffective assistance of counsel claim, self-defense, bench trial, not deficient performance

Indecent Liberties, Credibility

Motion to Dismiss Rule 12(b)(1) of N.C. Rules of Civil Procedure Taxpayer standing Amotion

Contract to convey real property Specific performance Preemptive right

condemnation proceeding, motion to amend, voluntary dismissal

Workers' Compensation, law of the case doctrine, disability determination

Adjudication of neglect child not in the care of parent prior to filing of juvenile petition failure to correct conditions

Relative as guardian permanency planning order required findings NCGS 7B-903(a1) placement with non-relative.

civil contempt, custody modification

Alimony proceeding Mandatory transfer under N.C. Gen. Stat. § 50-3 Sufficiency of findings of fact

Criminal Contempt Willfulness Attorney Fees Notice and Opportunity to be Heard

Larceny of a firearm breaking and entering.

Plain error review of jury instructions Serious physical injury pursuant to NC Gen. Stat. 14-27.21(a)(2) and 14-27.26(a)(2) Motion to dismiss Crime against nature, NC Gen. Stat. 14-177 Petition for Writ of Certiorari SBM Order Unpreserved constitutional argument.

N.C. Gen. Stat. 14-51.2 Defense of habitation Jury instructions.

Major crimes committed in the Qualla Boundary of the Eastern Band of Cherokee Indians motion to dismiss for lack of state criminal jurisdiction Indian Major Crimes Act, 18 U.S.C. Section 1153 whether the defendant qualified as an Indian for criminal jurisdiction purposes.

Stipulation to results of forensic laboratory report Confrontation Clause No obligation for special trial court colloquy with defendant

Confrontation Clause Confidential informant statements Rule 403 Insufficiency of evidence Possession of contraband

JNOV Eminent Domain Public Trust Doctrine Expert Testimony Rule 702

Petition to terminate parental rights grounds listed in petition failure to make reasonable progress to correct conditions leading to removal, NCGS 7B-1111(a)(2).

juvenile, motion to dismiss, disorderly conduct, resisting public officer

Preliminary Injunction

First-degree murder Batson challenges failure to make prima facie showing race-neutral reasons for challenges proposed jury instructions.

indecent exposure presence motion to dismiss jury instructions

Motion to suppress sufficiency of search warrant affidavit and application probable cause reasonableness of former occupant seizure incident to executing search warrant on premises motion to suppress custodial responses to police questioning Miranda.

Workers? compensation aggravation of pre-existing conditions injury causation ongoing disability split liability.

Statute of Limitations Authority of Court at Default Judgment Hearing to Raise Statute of Limitations Defense Sua Sponte

contested case hearing, Whistleblower Act

Motion to compel arbitration Existence and scope of arbitration agreement Construction of contract language.

Equitable Distribution 529 Savings Plan as Marital Property No Court-Created Exceptions to Marital Property Definition

equitable distribution

Subject-matter jurisdiction challenge to superior court's subject-matter jurisdiction after entry of default judgment based on exclusivity provision of our Workers' Compensation Act, N.C. Gen. Stat. 97-10.1 superior court's refusal to resolve subject-matter jurisdiction challenge based on defenses of equitable estoppel and laches

condemnation, parking taking

Child custody temporary custody order becoming permanent by operation of time sufficiency of findings supporting physical and legal custody awards joint legal custody award with division of decision-making authority

Indian Child Welfare Act Notice requirements to tribes, 25 U.S.C. 1912(a) Neglect and dependency adjudication.

Reunification, Guardianship, Opportunity to Object, Required Findings

summary judgment, interpretation of contract, unambiguous language

Maintaining a vehicle for keeping or selling controlled substances NC Gen. Stat. 90-108(a)(7).

Motion to Suppress, Unlawful Search

Motion for Appropriate Relief, Motion to Suppress, Ineffective Assistance of Counsel

Limitations on cross-examination pending criminal charges

Jury instructions failure to object no request for plain error self-defense denial of motion to dismiss insufficient evidence to support restitution award

motion to dismiss, insurance fraud

Satellite-based monitoring Efficacy Grady

Possession of a Firearm by a Felon, Jury Instruction

Assault on a child, Pre-Miranda silence, Post-Miranda silence, Cross-examination, Inconsistent statement.

Juveniles Eighth Amendment Life Imprisonment Without Parole Miller Factors

business records habitual felon

Sexual act, sufficiency of evidence, expert testimony, plain error