Volume 265 — North Carolina Court of Appeals Reports

Color of Title, Easement, Summary Judgment.

Termination of Parental Rights, cessation of reunification efforts, adjudication, N.C. Gen. Stat. Section 7B-1111(a)(6)

Wills, property rights, life estate, remaindermen, timber rights, trover, indemnity

Statutory sexual offense attempted statutory sex offense.

guilty plea Alford plea

Motion to Dismiss Habitual misdemeanor assault Two convictions from one action.

Aggravating factors notice DWI

sentencing due process

Second Degree Murder Vehicular Homicide Inherently Dangerous Without Regard to Human Life Admission of Prior Driving Record Under Rule 404(b) Denial of Motion to Dismiss Sufficiency of Evidence of Malice Sufficiency of Second Degree Murder Indictment

summary judgment paternity inheritance estate administration guardian ad litem intestate succession act wedlock N.C. Gen. Stat. § 29-19 N.C. Gen. Stat. § 49-14 putative father N.C. Gen. Stat. § 28A-19-3 clerk of court exclusive jurisdiction original jurisdiction

Equitable Distribution, Separate Property, Stipulations

Expired lease agreement year-to-year tenancy created by operation of law right of first refusal not applicable term of tenancy

civil contempt, burden of proof to show cause

Eminent domain, Section 108 hearings, notice of motions, substantial right, trial court jurisdiction following an appeal

Summary Judgment Contributory Negligence Premises Liability

disposition, custody, best interest of a child

NCGS 7B-320 Responsible Individuals List late notice prejudice dismissal of criminal charges

Small claims court, jurisdiction, amount in controversy, compulsory counterclaims, appeal to district court

Motion to dismiss, interlocutory appeal Rule 12(b)(2), public official immunity

Summary judgment negligence-premises liability denial of motion to strike Legionnaires' disease Vacation Rental Act, NCGS 42A-1, et seq. waiver of arguments proximate cause.

First-degree murder defense of habitation, NCGS 14-51.2 self-defense improper injection of race prosecutor's closing argument new trial jury instructions NC Pattern Instruction Crim.- 308.80 - Curtilage.

corpus delicti foreign birth certificate authentication hearsay satellite-based monitoring unpreserved Fourth Amendment challenge

Trial Calendar in Criminal Cases Request for Continuance Harmless Error Request to Present Rebuttal Witness

First-degree kidnapping with firearm enhancement motion to dismiss release in a safe place, escape.

Counsel's Admission of Client's Guilt Habitual Misdemeanor Assault on a Female State v. Harbison Closing Argument Ineffective Assistance of Counsel Motion for Appropriate Relief

waiver of counsel, forfeiture of counsel

Indictment Capable of Owning Property, Corporation.

notice of intent to prove aggravating factors, clerical errors, ineffective assistance of counsel

Local government permits, zoning, state permits, sufficient applications, moratoria, binding effect of official statements

voluntary dismissal without prejudice

Summary judgment breach of warranty manufacturer's warranty extended service plan goodwill assistance fraud unfair and deceptive trade practices, NCGS 75-1.1 judicial estoppel.

Disability inactive status Inherent authority of courts to regulate attorneys Subject matter jurisdiction Due process

Involuntary commitment required findings physician's report

Reunification Reunification efforts In re C.P. Effective assistance of counsel

Workers' Compensation subject matter jurisdiction arising out of employment medical negligence

medical malpractice, standard of care, proximate cause, ?loss of chance? summary judgment

unavailability confrontation clause forfeiture by wrongdoing gang-related testimony

misdemeanor statement of charges jurisdiction In re Civil Penalty

Driving while impaired warrantless traffic stop anonymous tip reasonable suspicion no indicia of reliability, no corroboration motion to suppress.

rape sexual battery jury instructions victim complaining witness expert testimony credibility consistent with plain error prejudice vouching

Criminal Convictions, Attorney-Client Impasse, Unpreserved Objection

Solicitation of a Minor by Computer Entrapment Jury Instruction de novo review

N.C. Gen. Stat. Section 15A-1331.2 Prayer for judgment continued Jurisdiction to enter judgment after entry of prayer for judgment continued Legislative intent Statutory construction

expert testimony (Daubert, McGrady) motion to suppress motion to dismiss

right to remain silent Rule 404(b)

motion to quash subpoena

Priority of lien void satisfaction Union Central Life Insurance v. Cates exception to pure race priority recordation Rule 12(c)- judgment on the pleadings bona fide purchaser for value.

Ineffective assistance of counsel Adequate review

termination of parental rights, ineffective assistance of counsel

plain meaning The Reinsurance Facility

Negligence Contributory Negligence Last Clear Chance Summary Judgement

expert testimony, accident reconstruction

indecent liberties sex offender satellite-based monitoring totality of the circumstances empirical data hearing Grady

Rule 2, discharging a firearm into occupied dwelling, assault, indictment

Withdrawal of guilty plea, imposition of a sentence other than pleaded for

Embezzlement civil settlement agreement release no bar to criminal restitution, NCGS 15A-1343, writ of certiorari, issue of first impression.

Easements, declaratory judgment, right to erect gates, deed and plat interpretation

e-discovery Rule 26(g) sanctions abuse of discretion notice

Mortgage Deed of Trust Binding Arbitration Arbitration Rider Federal Arbitration Act