John S. Arrowood

This case involved a will caveat filed by the decedent's children challenging a revised will presented for probate by his wife, on grounds that the document was improperly executed. The trial court granted summary judgment to the caveators after finding that the two witnesses had not signed the will themselves, as required by N.C.G.S. § 31-3.3, but instead had a notary sign their names at their request. The Court of Appeals affirmed, holding that the statute does not permit witnesses to have a third party sign on their behalf even if done in their presence and with their consent, and that the revised will was therefore invalid as a matter of law. The decision rested on a de novo review of the statutory attestation requirements and the undisputed facts about how the signatures were made.

propertyfamily lawprocedure

This case involved an appeal by a mother from a district court order terminating her parental rights to her young son, Colton, after the Person County Department of Social Services filed a neglect petition due to concerns over substance abuse, domestic violence exposure, and inability to care for the child. The North Carolina Court of Appeals affirmed the termination, finding that the trial court's unchallenged findings of fact demonstrated the mother's inconsistent engagement with her case plan, missed drug screens, visits, and meetings, and failure to address the issues leading to the child's removal. The court reasoned that these facts supported a conclusion of likely future neglect under state law, providing sufficient grounds for termination of parental rights, and did not need to address an additional ground.

family law

This case concerns a defendant charged with driving while impaired who moved to suppress evidence from his arrest, arguing the officer lacked probable cause. After the district court verbally granted the motion but failed to enter a required written preliminary determination, the State appealed to superior court for de novo review; the superior court denied the motion and remanded the case. The defendant then pled guilty while reserving the right to appeal the suppression ruling. On appeal, the Court of Appeals examined whether the superior court had jurisdiction to issue a final denial of the motion given the district court's failure to enter the final order as mandated by N.C.G.S. § 20-38.6(f), concluding that the superior court's order was not properly appealable as a final judgment.

criminal lawprocedure

This case involved Lajarvis Marquez Jones, who was convicted in Craven County Superior Court of possessing a controlled substance (buprenorphine) on the premises of a penal institution and attaining habitual felon status after being found with the substance while incarcerated. Jones appealed, challenging both the underlying conviction and the trial court's decision to dismiss a juror after an investigation into potential misconduct involving the juror's conversation with an outside individual. The Court of Appeals affirmed the convictions, concluding that the evidence supported the possession charge and that the trial court did not abuse its discretion in investigating and addressing the juror issue by removing the juror and substituting an alternate.

criminal lawprocedure

This case involved appeals by a mother and father from North Carolina district court orders terminating their parental rights to three minor children, following the Gaston County Department of Health and Human Services taking custody amid reports of improper care. The Court of Appeals affirmed the termination orders as to the mother for all three children and as to the father for two of them. The court reasoned that the parents' extensive prior history with child protective services—including prior removals of other children due to neglect, substance abuse, mental health issues, and unsafe conditions—combined with their failure to make progress on case plans (such as ongoing drug use, lack of stable housing or employment verification, and inconsistent contact) established a likelihood of future neglect. For the father, additional factors like his incarceration on related charges supported the finding that he could not remedy conditions within a reasonable time.

family law

In Hogan v. Thayer, plaintiff Tyler Scott Hogan sued Terrance and Kristen Thayer along with multiple LLCs for fraud, civil conspiracy, unfair and deceptive trade practices, breach of contract, and related claims stemming from an alleged fraudulent drop-shipping investment venture that promised high returns but involved misrepresentations about operations and Amazon policy violations. Defendants appealed an interlocutory order granting plaintiff's motion for sanctions after they failed to provide full responses to discovery requests despite a prior order to compel. The North Carolina Court of Appeals affirmed the sanctions, holding that the discovery order applied to all defendants, who had not adequately complied or properly challenged its scope, resulting in the complaint's allegations being deemed admitted against all sixteen defendants.

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