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Alled Judges DONALD L NORTH CAROLINA COURT OF APPEALS REPORTS VOLUME 196 7 APRIL 2009 5 MAY 2009 RALEIGH 2011 CITE THIS VOLUME 196 N.C. APP. TABLE OF CONTENTS Judges of the Court of Appeals . v Superior Court Judges . vii District Court Judges . xi Attorney General . xviii District Attorneys . xx Public Defenders . xxi Table of Cases Reported . xxii Table of Cases Reported Without Published Opinions . xxiv General Statutes Cited . xxvi Rules of Evidence Cited . xxvii Rules of Civil Procedure Cited . xxvii Rules of Appellate Procedure Cited . xxvii Judicial Standards Commission Advisory Opinions . xxiii Opinions of the Court of Appeals . 1-794 Headnote Index . 797 Word and Phrase Index . 837 iii This volume is printed on permanent, acid-free paper in compliance with the North Carolina General Statutes. iv THE COURT OF APPEALS OF NORTH CAROLINA Chief Judge JOHN C. MARTIN Judges LINDA M. MCGEE LINDA STEPHENS ROBERT C. HUNTER DONNA S. STROUD WANDA G. BRYANT ROBERT N. HUNTER, JR. ANN MARIE CALABRIA SAMUEL J. ERVIN IV RICHARD A. ELMORE CHERI BEASLEY SANFORD L. STEELMAN, JR. J. DOUGLAS MCCULLOUGH1 MARTHA GEER CRESSIE H. THIGPEN2 Emergency Recalled Judges DONALD L. SMITH JOHN B. LEWIS, JR. RALPH A. WALKER JOHN M. TYSON Former Chief Judges GERALD ARNOLD SIDNEY S. EAGLES, JR. Former Judges WILLIAM E. GRAHAM, JR. CLARENCE E. HORTON, JR. JAMES H. CARSON, JR. JOSEPH R. JOHN, SR. J. PHIL CARLTON ROBERT H. EDMUNDS, JR. BURLEY B. MITCHELL, JR. JAMES C. FULLER HARRY C. MARTIN K. EDWARD GREENE E. MAURICE BRASWELL RALPH A. WALKER WILLIS P. WHICHARD HUGH B. CAMPBELL, JR. DONALD L. SMITH ALBERT S. THOMAS, JR. CHARLES L. BECTON LORETTA COPELAND BIGGS ALLYSON K. DUNCAN ALAN Z. THORNBURG SARAH PARKER PATRICIA TIMMONS-GOODSON ELIZABETH G. MCCRODDEN ERIC L. LEVINSON ROBERT F. ORR JOHN M. TYSON SYDNOR THOMPSON JOHN S. ARROWOOD JACK COZORT JAMES A. WYNN, JR. MARK D. MARTIN BARBARA A. JACKSON JOHN B. LEWIS, JR. 1. Elected and sworn in 21 January 2011. 2. Appointed and sworn in 3 January 2011. v Administrative Counsel DANIEL M. HORNE, JR. Clerk JOHN H. CONNELL OFFICE OF STAFF COUNSEL Director Leslie Hollowell Davis Assistant Director Daniel M. Horne, Jr. Staff Attorneys John L. Kelly Shelley Lucas Edwards Bryan A. Meer Alyssa M. Chen Eugene H. Soar Yolanda Lawrence Matthew Wunsche Nikiann Tarantino Gray ADMINISTRATIVE OFFICE OF THE COURTS Director John W. Smith Assistant Director David F. Hoke APPELLATE DIVISION REPORTER Ralph A. White, Jr.1 H. James Hutcheson2 ASSISTANT APPELLATE DIVISION REPORTERS Kimberly Woodell Sieredzki Allegra Milholland3 1. Retired 31 December 2010. 2. Appointed 1 January 2011. 3. Appointed 1 January 2011. vi TRIAL JUDGES OF THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION DISTRICT JUDGES ADDRESS First Division 1 JERRY R. TILLETT Manteo J. CARLTON COLE Hertford 2 WAYLAND SERMONS Washington 3A W. RUSSELL DUKE, JR. Greenville CLIFTON W. EVERETT, JR. Greenville 6A ALMA L. HINTON Roanoke Rapids 6B CY A. GRANT, SR. Ahoskie 7A QUENTIN T. SUMNER Rocky Mount MILTON F. (T OBY) FITCH, JR. Wilson 7BC WALTER H. GODWIN, JR. Tarboro Second Division 3B BENJAMIN G. ALFORD New Bern KENNETH F. C ROW New Bern JOHN E. NOBLES, JR. Morehead City 4A RUSSELL J. LANIER, JR. Beulaville 4B CHARLES H. HENRY Jacksonville 5W. ALLEN COBB, JR. Wrightsville Beach JAY D. HOCKENBURY Wilmington PHYLLIS M. GORHAM Wilmington 8A PAUL L. JONES Kinston 8B ARNOLD O. JONES II Goldsboro Third Division 9 ROBERT H. HOBGOOD Louisburg HENRY W. HIGHT, JR. Henderson 9A W. OSMOND SMITH III Semora 10 DONALD W. STEPHENS Raleigh ABRAHAM P. J ONES Raleigh HOWARD E. MANNING, JR. Raleigh MICHAEL R. MORGAN Raleigh PAUL C. GESSNER Wake Forest PAUL C. RIDGEWAY Raleigh 14 ORLANDO F. H UDSON, JR. Durham ELAINE BUSHFAN Durham MICHAEL O’FOGHLUDHA Durham JAMES E. HARDIN, JR. Hillsborough 15A ROBERT F. J OHNSON Graham WAYNE ABERNATHY Graham 15B CARL R. FOX Chapel Hill R. ALLEN BADDOUR Pittsboro vii DISTRICT JUDGES ADDRESS Fourth Division 11A FRANKLIN F. L ANIER Buies Creek 11B THOMAS H. LOCK Smithfield 12 CLAIRE HILL Fayetteville 12B GREGORY A. WEEKS Fayetteville 12C JAMES F. A MMONS, JR. Fayetteville MARY ANN TALLY Fayetteville 13A DOUGLAS B. SASSER Whiteville 13B OLA M. LEWIS Southport 16A RICHARD T. BROWN Laurinburg 16B ROBERT F. F LOYD, JR. Lumberton JAMES GREGORY BELL Lumberton Fifth Division 17A EDWIN GRAVES WILSON, JR. Eden RICHARD W. STONE Eden 17B A. MOSES MASSEY Mt. Airy ANDY CROMER King 18 LINDSAY R. DAVIS, JR. Greensboro JOHN O. CRAIG III High Point R. STUART ALBRIGHT Greensboro PATRICE A. HINNANT Greensboro 19B VANCE BRADFORD LONG Asheboro 19D JAMES M. WEBB Whispering Pines 21 JUDSON D. DERAMUS, JR. Winston-Salem WILLIAM Z. WOOD, JR. Clemmons L. TODD BURKE Winston-Salem RONALD E. SPIVEY Winston-Salem 23 EDGAR B. GREGORY Wilkesboro Sixth Division 19A W. ERWIN SPAINHOUR Concord 19C ANNA MILLS WAGONER Salisbury 20A TANYA T. WALLACE Rockingham KEVIN M. BRIDGES Oakboro 20B W. DAVID LEE Monroe CHRISTOPHER W. BRAGG Monroe 22A CHRISTOPHER COLLIER Statesville JOSEPH CROSSWHITE Statesville 22B MARK E. KLASS Lexington THEODORE S. ROYSTER,JR. Lexington Seventh Division 25A BEVERLY T. BEAL Lenoir ROBERT C. ERVIN Morganton 25B TIMOTHY S. KINCAID Newton NATHANIEL J. POOVEY Newton 26 RICHARD D. BONER Charlotte W. ROBERT BELL Charlotte YVONNE MIMS EVANS Charlotte viii DISTRICT JUDGES ADDRESS LINWOOD O. FOUST Charlotte ERIC L. LEVINSON Charlotte H. WILLIAM CONSTANGY Charlotte HUGH LEWIS Charlotte 27A JESSE B. CALDWELL III Gastonia ROB SUMNER Gastonia 27B FORREST DONALD BRIDGES Shelby JAMES W. MORGAN Shelby Eighth Division 24 CHARLES PHILLIP GINN Boone GARY GAVENUS Boone 28 ALAN Z. THORNBURG Asheville MARVIN POPE Asheville 29A LAURA J. BRIDGES Rutherfordton 29B MARK E. POWELL Hendersonville 30A JAMES U. DOWNS Franklin 30B BRADLEY B. LETTS Sylva SPECIAL JUDGES JAMES L. BAKER, JR. Boone MARVIN K. BLOUNT Greenville RICHARD L. DOUGHTON Sparta A. ROBINSON HASSELL Greensboro D. JACK HOOKS, JR. Whiteville LUCY NOBLE INMAN Raleigh JACK W. JENKINS Morehead City JOHN R. JOLLY, JR. Raleigh SHANNON R. JOSEPH Raleigh CALVIN MURPHY Charlotte WILLIAM R. PITTMAN Raleigh BEN F. T ENNILLE Greensboro KENNETH C. TITUS Durham GARY E. TRAWICK, JR. Burgaw RONALD L. STEPHENS Durham EMERGENCY JUDGES W. DOUGLAS ALBRIGHT Greensboro STEVE A. BALOG Burlington MICHAEL E. BEALE Rockingham HENRY V. BARNETTE, JR. Raleigh STAFFORD G. BULLOCK Raleigh C. PRESTON CORNELIUS Mooresville B. CRAIG ELLIS Laurinburg ERNEST B. FULLWOOD Wilmington THOMAS D. HAIGWOOD Greenville CLARENCE E. HORTON, JR. Kannapolis ix DISTRICT JUDGES ADDRESS CHARLES C. LAMM, JR. Terrell GARY LYNN LOCKLEAR Pembroke JERRY CASH MARTIN Mt. Airy J. RICHARD PARKER Manteo JAMES E. RAGAN III Oriental DONALD L. SMITH Raleigh JAMES C. SPENCER, JR. Durham A. LEON STANBACK Durham JOHN M. TYSON Fayetteville GEORGE L. WAINWRIGHT Morehead City DENNIS WINNER Asheville RETIRED/RECALLED JUDGES J. B. ALLEN Burlington ANTHONY M. BRANNON Durham FRANK R. BROWN Tarboro JAMES C. DAVIS Concord LARRY G. FORD Salisbury MARVIN K. GRAY Charlotte ZORO J. GUICE, JR. Hendersonville KNOX V. JENKINS Four Oaks JOHN B. LEWIS, JR. Farmville ROBERT D. LEWIS Asheville JULIUS A. ROUSSEAU, JR. Wilkesboro THOMAS W. SEAY Spencer RALPH A. WALKER, JR. Raleigh x DISTRICT COURT DIVISION DISTRICT JUDGES ADDRESS 1 C. CHRISTOPHER BEAN (Chief) Edenton EDGAR L. BARNES Manteo AMBER DAVIS Wanchese EULA E. REID Elizabeth City ROBERT P. T RIVETTE Kitty Hawk 2SAMUEL G. GRIMES (Chief) Washington MICHAEL A. PAUL Washington REGINA ROGERS PARKER Williamston CHRISTOPHER B. MCLENDON Williamston 3A DAVID A. LEECH (Chief) Greenville PATRICIA GWYNETT HILBURN Greenville JOSEPH A. BLICK, JR. Greenville G. GALEN BRADDY Greenville CHARLES M. VINCENT Greenville 3B JERRY F. WADDELL (Chief) New Bern CHERYL LYNN SPENCER New Bern PAUL M. QUINN Morehead City KAREN A. ALEXANDER New Bern PETER MACK, JR. New Bern L. WALTER MILLS New Bern 4LEONARD W. THAGARD (Chief) Clinton PAUL A. HARDISON Jacksonville WILLIAM M. CAMERON III Richlands LOUIS F. F OY, JR. Pollocksville SARAH COWEN SEATON Jacksonville CAROL JONES WILSON Kenansville HENRY L. STEVENS IV Kenansville JAMES L. MOORE, JR. Jacksonville 5 J. H. CORPENING II (Chief) Wilmington JOHN J. CARROLL III Wilmington REBECCA W. BLACKMORE Wilmington JAMES H. FAISON III Wilmington SANDRA CRINER Wilmington RICHARD RUSSELL DAVIS Wilmington MELINDA HAYNIE CROUCH Wilmington JEFFREY EVAN NOECKER Wilmington CHAD HOGSTON Wilmington 6A BRENDA G. BRANCH (Chief) Halifax W. TURNER STEPHENSON III Halifax TERESA R. FREEMAN Enfield 6B THOMAS R. J. NEWBERN (Chief) Aulander WILLIAM ROBERT LEWIS II Winton THOMAS L. JONES Murfreesboro 7WILLIAM CHARLES FARRIS (Chief) Wilson JOSEPH JOHN HARPER, JR. Tarboro JOHN M. BRITT Tarboro PELL C. COOPER Tarboro WILLIAM G. STEWART Wilson JOHN J. COVOLO Rocky Mount ANTHONY W. BROWN Rocky Mount 8DAVID B. BRANTLEY (Chief) Goldsboro xi DISTRICT JUDGES ADDRESS LONNIE W. CARRAWAY Goldsboro R. LESLIE TURNER Kinston TIMOTHY I. FINAN Goldsboro ELIZABETH A. HEATH Kinston CHARLES P. G AYLOR III Goldsboro 9DANIEL FREDERICK FINCH (Chief) Oxford J. HENRY BANKS Henderson JOHN W. DAVIS Louisburg RANDOLPH BASKERVILLE Warrenton S. QUON BRIDGES Oxford CAROLYN J. YANCEY Henderson 9A MARK E. GALLOWAY (Chief) Roxboro L. MICHAEL GENTRY Pelham 10 ROBERT BLACKWELL RADER (Chief) Raleigh JAMES R. FULLWOOD Raleigh KRISTIN H. RUTH Raleigh CRAIG CROOM Raleigh JENNIFER M. GREEN Raleigh MONICA M. BOUSMAN Raleigh JANE POWELL GRAY Raleigh JENNIFER JANE KNOX Raleigh DEBRA ANN SMITH SASSER Raleigh VINSTON M. ROZIER, JR. Raleigh LORI G. CHRISTIAN Raleigh CHRISTINE M. WALCZYK Raleigh ERIC CRAIG CHASSE Raleigh NED WILSON MANGUM Raleigh JACQUELINE L. BREWER Apex ANNA ELENA WORLEY Raleigh MARGARET EAGLES Raleigh KEITH O. GREGORY Raleigh MICHAEL J. DENNING Raleigh KRIS D. BAILEY Cary 11 ALBERT A. CORBETT, JR. (Chief) Smithfield JACQUELYN L. LEE Smithfield JIMMY L. LOVE, JR. Sanford O. HENRY WILLIS, JR. Lillington ADDIE M. HARRIS-RAWLS Smithfield RESSON O. FAIRCLOTH II Lillington ROBERT W. BRYANT, JR. Smithfield R. DALE STUBBS Smithfield CHARLES PATRICK BULLOCK Lillington PAUL A. HOLCOMBE Smithfield CHARLES WINSTON GILCHRIST Lillington 12 A.
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