Volume 262 — North Carolina Court of Appeals Reports

Constructive eviction covenant of quiet enjoyment lost profits damages JNOV required notice failure to repair.

civil contempt, present ability to pay purge payments

Real Property Riparian Rights Easements Chain of Title

compromise verdict damages employment contract learned profession exception

Termination of Parental Rights no merit brief N.C. Rules of Appellate Procedure

Industrial Commission workers compensation privacy

jury selection, Batson motion, peremptory challenges jury instruction

Preservation of Error Appellate Rule 10 Timely Objection

Sex Offenses Statutory Rape Second Degree Kidnapping Indictment Jury Instruction Sentencing

no error motion to sever trial court did not abuse its discretion by denying defendant's motion for severance or dismissing a juror trial court committed harmless error by omitting requested jury instruction defendant received a fair trial, free from prejudicial error

Motion to recuse or disqualify district attorney's office from prosecuting criminal charges conflict of interest

appellate review transcript

Rule 59 Motion Condemnation Hearing Toll Section 108 Hearing

High impact land use ordinance Statutory Construction Plain meaning Expressio unius est exclusio alterius canon of construction

Civil procedure waiver failure to move for directed verdict waived right to move for judgment notwithstanding the verdict (JNOV) failure to move for new trial under Rule 59 waived right to challenge allegedly inconsistent jury findings directed verdict proper on negligent misrepresentation claim barred under economic loss rule

Negligent infliction of emotional distress.

writ of habeas corpus subject matter jurisdiction, mootness-public interest immigration and customs enforcement detainer requests 287(g) Agreement, 8 USC sec. 1357 Supremacy Clause, US Const. art VI, cl. 2 Immigration and Naturalization Clause, US Const. art. I, sec. 8, cl. 4.

Estate sale of real property, commissioner's deed, prior recorded deed of trust, party to special proceeding, receipt of notice, lien, proceeds of judicial sale.

Conditional use permit prima facie showing competent substantial material evidence de novo review of question of law expert testimony quasi-judicial standards.

Motion to reconsider Motion for relief Amended complaint Relate back Collateral attack Motion to dismiss Judgment on the pleadings Request for written findings

Administrative Procedure Termination Just Cause Due Process Findings of Fact Conclusions of Law Attorney's Fees Back Pay

ineffective assistance of counsel insufficiency of appellate record

N.C. Gen. Stat. § 14-90 Embezzlement indictment Motion to dismiss Disjunctive jury instructions Testimony concerning post-arrest silence Plain error

False Pretenses Single Taking Rule Jury Instructions Double Jeopardy Plain Error

NCGS 15A-1230(a) trial by jury improper closing arguments trial court intervention ex mero motu prejudice.

testimonial statements motion to dismiss and substantial evidence ex mero motu intervention acting in concert jury instruction double jeopardy

motion to suppress traffic stop reasonable suspicion probable cause consent inevitable discovery

Criminal law, felony sentencing, possession of drug paraphernalia, prior record level

Motion to suppress evidence obtained from search of home co-tenant consent to entry motion to suppress in-court and out-of-court identification evidence

Indictment Motion to Dismiss Trespass Ineffective Assistance of Counsel.

appellate jurisdiction Rules of Appellate Procedure notice of appeal service Industrial Commission

Responsible Individuals List jury Trial defamation Interlocutory Appeal

No-merit briefs in juvenile cases interpretation of procedural rules distinctions between Anders review in criminal cases and no-merit review under Rule 3.1(d)

respondeat superior, employee versus independent contractor status, right to control

alimony, marital misconduct

Parent's constitutional right care, custody and control of a child electronic communication, NCGS 50-13.2(e) court-ordered visitation attorney's fees and alimony unchallenged findings ignoring precedents, In re Civil Penalty, 324 N.C. 373 91989)

Driving while impaired motion to dismiss indictment for lack of jurisdiction motions to suppress evidence tainted fruit of the poisonous tree implied-consent rights using prior DWI convictions while it was pending on appeal to enhance sentence

felony speeding to elude arrest, property damage, valuation of damage, motion to dismiss

Self-defense jury instruction stand-your-ground jury instruction no duty to retreat jury instruction preservation of erroneous jury instruction sufficiency of evidence to support self-defense jury instruction.

jurisdiction driving while impaired judgment certiorari mission of traffic stop

Trial court order adopting a compulsory referee's report sufficiency of trial court's review of referee's findings under Rule 52(g)(2) recommendation of Rule 60(b)(6) relief from prior order remand for entry of proper judgment on referee's adopted report

medical malpractice administrative negligence statute of limitations directed verdict/JNOV pain and suffering contributory negligence

Permanency planning order Permanent plan

Termination of parental rights grounds set forth in petition failure to legitimate findings of fact.

permanency planning order custody jurisdiction over juvenile proceedings visitation

Pet Adoption Summary Judgment

Homeowner?s associations, condominiums, notice pleading, common ownership, punitive damages, attorney?s fees

personal jurisdiction out-of-state resident corporate investor

Sixth Amendment Right to Speedy Trial Barker Factors

First-Degree Felony Murder, Second-Degree Murder, Assault With a Deadly Weapon with Intent to Kill Inflicting Serious Injury, Jury Instruction, Transferred Intent, Self-Defense

drug trafficking discovery statutes motion to dismiss motion for sanctions jury instruction

First Amendment challenge Harassment of a juror Conspiracy to commit harassment of a juror Content-neutral restriction Intermediate scrutiny Sufficiency of the evidence Pretrial discovery obligations of a criminal defendant Character evidence Hearsay and Jury instructions.

Denial of motion to dismiss for insufficiency of the evidence trafficking in cocaine by possession N.C. Gen Stat. 90-95(h)(3)(c)