Even though the athletic exclusion in the defendant-school board’s insurance policy only refers to athletics participants and their parents or guardians, the exclusion also applies to the estate of an athletics participant. We reverse the trial court’s denial of the ...
Read More »Tort/Negligence – Wrongful Death – Schools & School Boards – Sovereign Immunity – Insurance – Athletic Exclusion – Trusts & Estates
Domestic Relations – Parent & Child – Permanency Planning Hearing & Order – Different Judges 
Where Judge Christy Wilhelm presided over the permanency planning hearing, but where Judge Brent Cloninger signed the permanency planning order, under In re C.M.C., 373 N.C. 24, 832 S.E.2d 681 (2019), we must vacate the permanency planning order and remand ...
Read More »Domestic Relations – Parent & Child – Custody & Visitation – Reunification Plan 
Although the respondent-father challenges placement of his children in their mother’s care, the record shows that the mother has resources to provide for the children; while in her care, the children were well cared for and received appropriate schooling and ...
Read More »Criminal Practice – Statutory Rape – Expert Testimony – Lack of Findings – Prior Bad Acts – Defendant’s Disability 
At defendant’s trial for molesting his 13-year-old stepdaughter (T.L.), the trial court did not err by allowing an expert to testify both that she “could not tell whether T.L. had ever engaged in intercourse,” and that T.L.’s examination was consistent ...
Read More »Domestic Relations – Parent & Child – TPR – Abandonment – Incarceration & DVPO 
Even though the respondent-father’s incarceration and a domestic violence protective order prohibited visitation with his daughter, “Isabel,” respondent had legal counsel, who initiated an action for custody, and through whom respondent could have inquired about Isabel’s well-being, requested an opportunity ...
Read More »Domestic Relations – Parent & Child – TPR – Leaving Children in Foster Care – Substance Abuse Issues – Willfulness 
Even if the respondent-mother did not receive a copy of her 27 February 2018 case plan until 1 May 2018, the termination hearing occurred more than a year after she received a copy of the plan, giving her ample time ...
Read More »Domestic Relations – Parent & Child – TPR – Abandonment – Fear for Children’s Safety 
Although the respondent-father claimed that he broke off all contact with his children for five and a half years out of fear for their safety, since he could have contacted them without being physically present, but did not, the trial ...
Read More »Domestic Relations – Parent & Child – TPR – No-Merit Briefs – Lack of Progress 
After receiving no-merit briefs from the respondent-parents’ attorneys, receiving no pro se briefs from the parents, and conducting our own review of the record, we conclude that there was clear, cogent and convincing evidence to support the trial court’s conclusions ...
Read More »Domestic Relations – Parent & Child – TPR – Motion to Continue – Permanency Planning Hearing – Recommendation Change 
Even though the written reports provided to the respondent-mother by DSS and the guardian ad litem prior to the permanency planning hearing did not recommend a change in her children’s permanent plan, respondent was on notice that the trial court ...
Read More »Domestic Relations – Parent & Child – TPR – Parent’s Incarceration – Neglect 
In addition to the fact that the respondent-father will be incarcerated for the next 28 years, the trial court made findings regarding (1) respondent’s history of incarceration; (2) respondent’s lack of care and attention to the children when he was ...
Read More »