Even though the respondent-father maintained employment throughout this case, he was unsuccessful in obtaining stable housing suitable for “Ronnie,” which was also a component of respondent’s case plan. Furthermore, respondent’s progress on his substance abuse issues in the two months ...
Read More »Domestic Relations — Parent & Child – Termination of Parental Rights – Likelihood of Repetition of Neglect
Workers’ Compensation — Average Weekly Wage – Calculation Method – Standard of Review 
Although the record contains sufficient evidence to support the specific facts found by the Industrial Commission regarding the seasonal nature of the landscaping position in which the defendant-staffing agency placed plaintiff, the Commission’s analysis does not reflect a proper understanding ...
Read More »Civil Practice — Appeals – Amended Complaint – New Statute – Hog Farm Settlement 
When this court remanded this case to the Court of Appeals for “further proceedings,” those proceedings did not include ruling that plaintiff’s complaint asserted a new cause of action based on a statute that was enacted three years after the ...
Read More »Domestic Relations — Parent & Child – Termination of Parental Rights – Failure to Legitimate 
The respondent-father appeals the termination of his parental rights based on a failure to legitimate the minor, “Alice.” Counsel for respondent filed a no-merit brief identifying two potential issues. Counsel acknowledged that, although respondent objected to the admission of the ...
Read More »Criminal Practice — Indecent Liberties – Expert Witness – Inadmissible Testimony – Vouching 
Since there were no physical symptoms of sexual abuse, the trial court erred by allowing a prosecution expert to testify—based on the child victim’s disclosures to family, law enforcement, and a forensic interviewer at a child advocacy center—that the child ...
Read More »Criminal Practice — Constitutional – Batson Error – Rejection of Race-Neutral Reasons 
Where (1) the trial court rejected the prosecutor’s race-neutral reasons for peremptorily striking two of the three Black venire members (and the only two Black women); (2) on the issue of jurors’ ability to concentrate, the prosecutor engaged in disparate ...
Read More »Criminal Practice — Rape – Constitutional – Confrontation Clause – Expert Testimony – Prior Bad Acts – Assumed Error – No Prejudice 
In this drug-facilitated rape case, even assuming the trial court erred by allowing the manager of a laboratory to testify about the results of tests conducted by other toxicologists, the error was not prejudicial. First, defendant does not base his ...
Read More »Criminal Practice — Video Sweepstakes – Predominant-Factor Test – Standard of Review – Game of Chance 
G.S. § 14-306.4 prohibits games of chance, not games dependent on skill or dexterity. However, on 75 percent of turns, a player of plaintiffs’ video sweepstakes will never be able to play for the largest prize of $2,400 (being eligible ...
Read More »Contract — Expert Testimony – Truss Failure – Engineers’ Expertise 
When cross-examining plaintiff’s experts at trial, other parties may attack any lack of education or experience with respect to metal plate connected (MPC) floor trusses in particular; however, the experts’ extensive education and experience as civil engineers qualify them to ...
Read More »Domestic Relations — Parenting Coordinator Order – Sua Sponte Modification 
The original parenting coordinator order in this case failed to comply with G.S. § 50-92, as it did not set out the “issues to be addressed nor the authority of the Parenting Coordinator…” The trial court made binding findings of ...
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