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Opinion Digests

Sep 28, 2023

Civil Practice – Misbehavior in Office – N.C. Gen. Stat. § 14-230(a) – Jurisdiction

Deceased man’s stepmother cannot privately prosecute an action for misbehavior in office, and N.C. Gen. Stat. § 14-230(a) cannot support her prayer for relief in her complaint that a county sheriff be removed from office. We affirm the trial court’s order denying plaintiffs’ motion for entry of default. This was an appeal that is one […]

Sep 28, 2023

Civil Practice – Misbehavior in Office – N.C. Gen. Stat. §128-17 – Removal Statute

The deceased man’s parents’ petition that a county sheriff be removed from office did not meet the procedural requirements of N.C. Gen. Stat. §128-17. We affirm, as we discern no error in this portion of the trial court’s order. This was an appeal that is one of three currently before us from the same underlying […]

Sep 25, 2023

Criminal Practice – Probation Revocation Hearing – Prior Probation Officer – New Criminal Offense

There was sufficient evidence before the trial court to find defendant committed a crime while on probation. We also conclude the trial court did not prejudicially err when it proceeded with the probation revocation hearing without defendant’s prior probation officer because other competent evidence established defendant violated probation by committing a new criminal offense. Accordingly, [&hel[...]

Sep 25, 2023

Criminal Practice – Ineffective Assistance of Counsel – Probation – Alternate Juror

The trial court did not err by permitting the prosecutor to inform potential jurors that probation was within defendant’s sentencing range, and defendant failed to preserve his arguments concerning the substitution of an alternate juror. Further, defendant did not receive ineffective assistance of counsel. Accordingly, we discern no prejudicial error. Defendant De’quan Lamont Lynn appealed [&h[...]

Sep 25, 2023

Corporate – Breach of Fiduciary Duty – Majority Member – Breach of Contract – Fiduciary Relationship

Majority member of company moved for summary judgment on most of the claims brought by the company’s minority members, who accused the majority member of abusing her position as the majority member. Defendant who was not a party to a purchase agreement did not breach the purchase agreement. A fact finder must determine issue of […]

Sep 25, 2023

Criminal Practice – Disposition Order – Juvenile Delinquent – N.C. Gen. Stat. § 7B-2501(c)

Juvenile John Bailey appealed the trial court’s disposition order placing him on probation for 12 months following the trial court adjudicating him delinquent for simple assault. We vacate the trial court’s disposition order and remand for a new disposition hearing in accordance with N.C. Gen. Stat. § 75-2501(c). The juvenile and Michael Anderson engaged in […]

Sep 25, 2023

Landlord/Tenant – Summary Ejectment – North Carolina Debt Collection Act – Well-Use Fee

Plaintiff landlord appealed from the trial court’s order dismissing its complaint in summary ejectment and granting a money judgment to defendant tenant. We reverse the trial court’s order, as we agree with landlord that the trial court erred in concluding that landlord violated the North Carolina Debt Collection Act. In 2019, landlord rented a Raleigh, […]

Sep 25, 2023

Administrative – Certificate of Need – Administrative Law Judge – Final Decision – Whole Record Test

The ALJ correctly awarded petitioner a North Carolina Certificate of Need, which is required for certain “institutional health services” such as the procurement of an MRI scanner. We affirm the ALJ’s final decision awarding the CON to petitioner. In 2021, petitioner filed a CON application with respondent North Carolina Department of Health and Human Services, […]

Sep 25, 2023

Civil Practice – Subject Matter Jurisdiction – Custody Determination – Appropriate Forum

The trial court lacked subject matter jurisdiction over this custody determination. We vacate the custody order and remand the matter to the trial court for a hearing to determine whether it possesses subject matter jurisdiction over this custody determination. Mother and father, who had one minor child, resided in Perquimans County while they were married. […]

Sep 25, 2023

Constitutional – Reasonable Suspicion – Motion to Suppress Evidence – Unreasonable Searches and Seizures

Defendant failed to demonstrate that the arresting officer lacked reasonable suspicion to initiate the stop of his vehicle. Defendant argued the trial court improperly denied his motion to suppress evidence because the arresting officer lacked reasonable suspicion to stop his vehicle, in violation of his right to be free from unreasonable searches and seizures. Defendant […]

Sep 25, 2023

Criminal Practice – Felon-in-Possession – Constructive Possession – Actual Possession

Defendant appealed from a judgment, entered following a jury trial, for one count of possession of a firearm by a felon (felon-in-possession). Because the State presented sufficient evidence defendant constructively possessed the firearm, we find no error. Deputies were conducting surveillance in a neighborhood they characterized as “a known drug area[.]” During this surveillance operation, [&[...]

Sep 25, 2023

Criminal Practice – Probation Violations – Revocable Offenses – New Criminal Offense

Although the trial court improperly found that each of defendant’s probation violations constituted sufficient bases upon which to revoke her probation, it is clear from the trial court’s indication in the same judgment that it properly considered and understood the statutory basis for revoking defendant’s probation and properly exercised its discretion. We affirm the trial […]

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