Construction Contracts; Contract Formation; Negligence and Duty; Exclusion of Relevant Evidence; Motion in Limine; Preservation of Error; Motion for Directed Verdict; Jury Instructions

Assault with a deadly weapon intent to kill and inflicting serious injury, NCGS 14-32(a); Assault with a deadly weapon inflicting serious injury, NCGS 14-32(b); motion to dismiss; intent to kill; lesser included offense; possession of weapon of mass destruction; prior record level, NCGS 15A-1340.14(c)(4); date of offense, NCGS 15A-1340.14(c).

waiver of Miranda for juveniles

reasonableness of lifetime satellite-based monitoring; recidivist; sex offenses with a child under thirteen; Defendant's Fourth Amendment privacy interests balanced against State's interests and declared efficacy of SBM; totality of circumstances; amendments to SBM laws; Session Law 2021-138, sec. 18(i) and S.L. 2021-182, sec. 2(e) (collectively to be codified at N.C. Gen. Stat. § 14-208.46).

Aggressor doctrine; self-defense; plain error; jury instructions; exhibits.

Sufficient evidence of driving while intoxicated, N.C. Gen. Stat. 20-138.1(a)

motion to dismiss second-degree murder charge; knowingly driving while impaired, when combined with evidence of reckless driving or behavior, may constitute malice; motion for appropriate relief; recanted testimony; privilege against self-incrimination; U.S. Const. Fifth and Sixth Amendments; testimony subject of direct examination as opposed to collateral matters; the trial court may strike testimony in whole or in part or compel witness to testify

Jurisdiction to modify child custody order; challenged finding of fact supported by substantial evidence; trial court assessed whether a substantial change in circumstances affected the child's welfare and whether modification of custody was in the child's best interests; no abuse of discretion in modification of custody.

Breach of Contract; Summary Judgment; Sale of Real Property

Will contest; Rule 12(b0(6); res judicata; gatekeeping order factors; attorney's fees factors; award of attorney fees on appeal.

Certificate of Need; contested case hearing; substantial prejudice.

alimony award; amount and duration of alimony; findings supported duration of alimony awarded; findings did not support conclusion of Defendant's ability to pay the amount of alimony awarded; N.C. Gen. Stat. 50-16.3A; equitable distribution; distributive award

Negligence; Appellate Jurisdiction

Chicken, hens, poultry, household pet, restrictive covenant, amended, Planned Community Act, encumbrance, spouse, written agreement, affirmative vote, duly-called meeting, Rule 59 motion, Rule 60 motion.

Rule 60(b); mistake, inadvertence, surprise, or excusable neglect; newly discovered evidence; fraud; other reasons justifying relief.

trial court did not abuse its discretion in denying motion to set aside judgment of summary ejectment where tenant was served by posting and failed to appear at trial

Negligent infliction of emotional distress; NIED; Rule 12(b)(6) motion to dismiss; notice pleading; reasonable foreseeability; severe emotional distress.

Local Government; Statutory Authority; Ultra Vires; Interlocutory Appeal; Rule 54(b); Substantial Right; Writ of Certiorari

Subsequent appeal, modification of equitable distribution, and findings of fact

interlocutory order; substantial right; attorney disqualification; North Carolina Rules of Professional Conduct; conflict of interest