Volume 371 — North Carolina Reports

Action against CPAs for professional negligence and fraudulent concealment based on plaintiff's tax returns not having been filed application of the statute of repose in malpractice cases.

Appeal from adjudication and disposition order entered in a proceeding under the Juvenile Code whether the trial court lacked subject matter jurisdiction over the case because the DSS agency that filed the juvenile petition initiating the action lacked standing in the matter.

Review of recommendation for public reprimand.

Appeal from final judgment of N.C. Business Court denying CPA's petition for judicial review of N.C. Board of CPA Examiners' final agency decision imposing disciplinary action on petitioner and her CPA firm.

Following defendant's conviction for committing first-degree murder when he was a juvenile, defendant was mandatorily sentenced to life imprisonment without parole after U.S. Supreme Court held in Miller v. Alabama that sentences such as defendant's are unconstitutional, the trial court held a resentencing hearing and imposed another sentence of life without parole whether the resentencing statutes enacted in response to Miller (N.C.G.S. 15A-1340.19A to -1340.19D) are unconstitutional.

Civil revocation of driver's license under N.C.G.S. § 20-16.2 for alleged DWI whether the person charged 'willfully refused' to submit to a breathalyzer test in violation of subdivision 20-16.2(d)(5).

Appeal from Court of Appeals decision affirming the N.C. Business Court's grant of summary judgment for plaintiff, an out-of-state trust, in a civil action seeking refund of taxes paid on income earned by the trust but not distributed to a North Carolina resident whether N.C.G.S. § 105-160.2, under which the tax was assessed, as applied here violates due process under the North Carolina and United States Constitutions.

Whether the statutory requirement that all administrative rules proposed by the State Board of Education first be reviewed and approved by the N.C. Rules Review Commission violates the separation of powers construction of the Board's powers under Article IX, Section 5 of the N.C. Constitution in relation to N.C.G.S. Chapter 150B, the Administrative Procedure Act.

Whether Article IX of the N.C. Constitution prohibits the General Assembly from transferring certain powers and duties of the State Board of Education to the State Superintendent of Public Instruction.

Appeal from decision of the Court of Appeals denying defendant's petition for writ of certiorari to review a trial court's order denying her motion to dismiss and dismissing her appeal from a judgment entered upon her guilty plea.

First-degree murder (capital/death).

Appeal from defendant's conviction for felony possession of cocaine whether the Court of Appeals erred by applying plain error review to defendant's Fourth Amendment claims whether the arresting officer unnecessarily extended the initial stop in violation of the Supreme Court of the United States' decision in Rodriguez v. United States and whether defendant's consent to the search of his person was invalid.

Appeal from conviction for first-degree murder (non-capital) whether the trial court violated defendant's rights under the Confrontation Clause by allowing a police officer to testify about the deceased victim's statements to him regarding a previous incident of domestic violence involving the victim and defendant.

Motion to suppress evidence obtained as a result of defendant's questioning by a police officer whether the officer who detained defendant for questioning had reasonable suspicion that criminal activity was afoot whether the trial court erred in denying defendant's motion to suppress.

First-degree murder (capital/death).

Complaint alleging medical malpractice whether plaintiff's failure to comply with Rule 9(j) before expiration of the statute of limitations requires dismissal of the action if the complaint alleges facts sounding in ordinary negligence, for which a Rule 9(j) certification is not required.

Whether the two-year statute of limitations in N.C.G.S. § 15-1 mandates dismissal of misdemeanor charges against a defendant who was charged via a citation and magistrate's order, but not by a warrant, indictment, or presentment.

Motion for appropriate relief after defendant was convicted of first-degree murder whether defendant was denied effective assistance of counsel after counsel did not withdraw from representing him at trial so that she could offer exculpatory testimony on defendant's behalf.

Whether the indictment charging defendant with having attained habitual felon status was fatally defective.

Whether the State presented sufficient evidence to survive defendant's motion to dismiss a charge of keeping or maintaining a vehicle which is used for the keeping or selling of a controlled substance.

Confession by juvenile defendant while under police interrogation whether defendant's motion to suppress should have been allowed under N.C.G.S. § 7B-2101 because the confession was not made knowingly and voluntarily.

Whether the trial court erred in dismissing a medical malpractice complaint for failure to comply with Civil Procedure Rule 9(j) when plaintiff met the substantive requirements of, but failed to include a specific statement required by, Rule 9(j) whether the trial court erred in not allowing plaintiff to amend the complaint under Rules 15(a) and (c) to correct the technical pleading defect after the statute of limitations had run.

Appeal from sentence imposed in conjunction with a plea agreement whether the trial court erred in accepting defendant's stipulation to a previous second-degree murder conviction as a Class B1 offense application of State v. Sanders and State v. Wingate to determine whether the stipulation was to a question of fact or a question of law.

Whether, at defendant's trial for attempted murder and assault with a deadly weapon, the trial court committed prejudicial error by (1) declining to give certain jury instructions requested by defendant regarding 'no duty to retreat,' (2) denying a defense request to admit testimony from witnesses describing the victim's previous aggressive, violent acts towards others, and (3) denying defendant's motion for a continuance.

Appeal from conviction for driving a motor vehicle while having an open container of alcohol in the passenger compartment whether the citation identifying the offense was a sufficient criminal pleading, standing alone, to give the superior court jurisdiction over the offense.

Appeal from defendant's convictions for trafficking in and manufacturing methamphetamine whether the trial court committed plain error in instructing the jury on aiding and abetting.

Appeal from final judgment of North Carolina Business Court granting defendants' motion to dismiss all claims under Civil Procedure Rule 12 and from interlocutory order denying plaintiffs' motion to file a second amended complaint.

Whether a minority stockholder of a North Carolina corporation owed fiduciary duties to its fellow stockholders.

Motor vehicle wreck caused by underinsured driver judgment for plaintiff against defendant tortfeasor whether defendant can receive credit against the amount of the judgment owed by him for monies paid to plaintiff by plaintiff's UIM carrier.

Whether a holographic codicil later added to a page of a properly attested, typewritten will met statutory and case law requirements to be valid whether the Court of Appeals erred in reversing the trial court's grant of summary judgment for the propounder and remanding for entry of summary judgment in favor of the caveators.

Action by tenants to recover damages based on landlord's alleged negligent renovation of the leased premises that resulted in severe damage to plaintiffs' equipment and business interests whether the lease agreement contained an unambiguous waiver of all claims by either party based on the other party's negligence.

Appeal from final order and opinion of N.C. Business Court affirming a declaratory ruling by defendant board stating that 'dry needling' is within the scope of practice of physical therapists.

Workers' Compensation Act whether, after her employer admitted medical compensability for certain injuries via a Form 60, an employee met her burden to show causation for other medical conditions arising from the same accident but for which the employer did not admit liability whether the Industrial Commission's erroneous application of the 'Parsons presumption' requires the award of benefits to be set aside and remanded to the Commission.

Appeal from defendant's convictions for possession of a firearm by a convicted felon and attaining habitual felon status whether the trial court committed prejudicial error by instructing the jury concerning the doctrine of constructive possession.

Appeal from convictions for trafficking in opium claim of ineffective assistance of counsel whether N.C. R. App. P. 10(a)(1) precludes appellate review of alleged sentencing errors to which defense counsel did not object at trial whether defendant's sentences were an abuse of discretion and violate the Eighth Amendment.

Appeal from convictions for attempted first-degree murder and solicitation to commit first-degree murder of the same victim whether the trial court erred in (1) denying defendant's motion to dismiss the attempt charge for insufficient evidence and (2) not arresting judgment on the solicitation conviction on double jeopardy grounds.

Appeal from trial court's discretionary ruling under N.C.G.S. 1-83(2) changing venue in a child custody action whether the Court of Appeals erred in dismissing plaintiff-mother's interlocutory appeal from the trial court's order.

Facial constitutional challenge to 2016 law making Cabinet appointees subject to the advice and consent of the North Carolina Senate.

Medical malpractice action whether the trial court erred in allowing plaintiff's Rule 59 motion to amend judgment, thus setting aside a jury verdict on damages whether a new trial should be granted on the sole issue of damages whether the trial court erred in directing a verdict against defendants on the issue of contributory negligence trial court's award of costs against defendants for certain expert witness fees.

Whether the trial court erred in denying defendant's motion to suppress his confession whether the Court of Appeals erred in holding that defendant's confession was involuntary and should have been suppressed whether the error was prejudicial.

Whether subdivision (a)(1) of N.C.G.S. 14-399, which generally prohibits littering, is an essential element of, or creates an exception to, that offense whether an indictment that did not refer to the language in subdivision (a)(1) was fatally defective.

Whether the trial court erred in denying defendant's motion to suppress evidence of a handgun seized from him at the scene of an ongoing police search for narcotics whether the trial court's findings of fact were sufficient to support its conclusion of law that a Terry frisk of defendant was justified under the circumstances.