Supplemental Proceedings and Subject-Matter Jurisdictions

Supplemental Proceedings and Subject-Matter Jurisdiction

Due Process, Equal Protection, Fruits of labor, Public Employee

Ecclesiastical abstention doctrine, neutral principles of law, subject matter jurisdiction, Rule 12(b)(1) motion to dismiss

Summary judgment, legal malpractice, settlement agreement, notarized, agreement to agree, binding agreement, material terms, statute of limitations, latent discovery.

Child custody; modification; mootness; due process violation; right to present evidence

Indecent liberties; SBM; 4th Amendment; facial challenge; review hearing; denial of Rule 2.

proof of external weapon not required for conviction of felony murder based on predicate felony of felonious child abuse; evidence was sufficient to prove use by defendant of his body as a deadly weapon; indictment identifying victim using initials and birthday was not fatally defective for failing to name the victim

Alford, second-degree murder, prior record level, points, sentencing, resentencing hearing, stipulate, stipulation, possession, controlled substance, out of state, conviction

trial court did not err by admitting lay opinion testimony identifying substance as marijuana; sentence under habitual felon laws did not amount to cruel and unusual punishment.

Rules 403 and 404(b); prior incident; risk of unfair prejudice; ineffective assistance of counsel

grant Defendant's petition for writ of certiorari; probation revocation based on absconding; N.C. Gen. Stat., Sec. 15A-1343(b)(3a); competent evidence; waiver of State's presentation of evidence by in-court admission of the violations alleged; affirm activation of sentence; remand for clerical errors in judgment

Sentencing; invalid stipulation; question of law; prior conviction points; prior record level

Second degree murder; admission of Rule 404(b) evidence; proper purpose for Rule 404(b) evidence; sufficiency of evidentiary foundation for Rule 404(b) evidence; motion to dismiss; sufficiency of evidence; malice; improper closing arguments

Heroin trafficking; denial of motion to suppress; waiver of argument not asserted in trial court; denial of motion to dismiss; sufficiency of evidence of possession

Anders brief; no non-frivolous issues on appeal

ineffective assistance of counsel; pre-trial motion to suppress; plain error

motion to suppress; Anders brief; substantial assistance

Statutory right to confrontation at probation violation hearings, N.C. Gen. Stat. 15A-1345(e); absconding from supervision, N.C. Gen. Stat. § 15A-1343(b)(3a); clerical error in judgment revoking probation.

modifying custody order; substantial change of circumstances affecting welfare of the child; best interests of the child