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North Carolina Case Commentaries

Judicial DWI Misconduct and Censure Standards Under Canons 1 & 2A and N.C.G.S. § 7A-376(b)

Judicial DWI Misconduct and Censure Standards Under Canons 1 & 2A and N.C.G.S. § 7A-376(b)

Date: May 24, 2025
Judicial DWI Misconduct and Censure Standards Under Canons 1 & 2A and N.C.G.S. § 7A-376(b) Introduction In re Kimble (No. 321A24) is a 2025 decision of the Supreme Court of North Carolina addressing...
State v. Sims: Clarifying the Miller-Fix Protocol for Juvenile Life-Without-Parole Sentencing

State v. Sims: Clarifying the Miller-Fix Protocol for Juvenile Life-Without-Parole Sentencing

Date: Mar 22, 2025
State v. Sims: Clarifying the Miller-Fix Protocol for Juvenile Life-Without-Parole Sentencing Introduction This commentary examines the Supreme Court of North Carolina’s March 21, 2025 decision in...
PREP Act Immunity Does Not Bar State Constitutional Claims: Happel v. Guilford County Bd. of Educ.

PREP Act Immunity Does Not Bar State Constitutional Claims: Happel v. Guilford County Bd. of Educ.

Date: Mar 22, 2025
PREP Act Immunity Does Not Bar State Constitutional Claims Introduction The North Carolina Supreme Court’s decision in Happel v. Guilford County Board of Education (2025) arises from a disturbing...
Issue-Specific Directed Verdict Required to Preserve JNOV: North Carolina Supreme Court Clarifies Rule 50(b) in Multi-Claim Cases

Issue-Specific Directed Verdict Required to Preserve JNOV: North Carolina Supreme Court Clarifies Rule 50(b) in Multi-Claim Cases

Date: Mar 22, 2025
Issue-Specific Directed Verdict Required to Preserve JNOV: North Carolina Supreme Court Clarifies Rule 50(b) in Multi-Claim Cases Introduction In Vanguard Pai Lung, LLC v. Moody, No. 15A24 (N.C. Mar....
Invited Error Bars Appellate Relief for Unruled Motions to Set Aside Stipulations in Equitable Distribution

Invited Error Bars Appellate Relief for Unruled Motions to Set Aside Stipulations in Equitable Distribution

Date: Mar 22, 2025
Invited Error Bars Appellate Relief for Unruled Motions to Set Aside Stipulations in Equitable Distribution Case: Smith v. Smith Court: Supreme Court of North Carolina Date: 21 March 2025 Opinion by:...
Express Student-Fee and Parking-Permit Contracts Waive Sovereign Immunity at the Pleading Stage: Lannan v. Board of Governors of the University of North Carolina

Express Student-Fee and Parking-Permit Contracts Waive Sovereign Immunity at the Pleading Stage: Lannan v. Board of Governors of the University of North Carolina

Date: Mar 22, 2025
Express Student-Fee and Parking-Permit Contracts Waive Sovereign Immunity at the Pleading Stage: Lannan v. Board of Governors of the University of North Carolina Introduction In Lannan v. Board of...
Miller-Fix and the Eighth Amendment: Restricting Juvenile Life-Without-Parole to the Rarest Offender

Miller-Fix and the Eighth Amendment: Restricting Juvenile Life-Without-Parole to the Rarest Offender

Date: Mar 22, 2025
Miller-Fix and the Eighth Amendment: Restricting Juvenile Life-Without-Parole to the Rarest Offender Introduction State of North Carolina v. Tristan Noah Borlase (No. 33A24, filed March 21, 2025)...
The “Life-Equivalent Range” Rule: North Carolina Supreme Court Clarifies § 15A-1242 Compliance for Waiver-of-Counsel Colloquies

The “Life-Equivalent Range” Rule: North Carolina Supreme Court Clarifies § 15A-1242 Compliance for Waiver-of-Counsel Colloquies

Date: Mar 22, 2025
The “Life-Equivalent Range” Rule: North Carolina Supreme Court Clarifies § 15A-1242 Compliance for Waiver-of-Counsel Colloquies Introduction In State v. Fenner, the Supreme Court of North Carolina...
State v. Bell (N.C. 2025): Preservation and Section 15A-1419’s Procedural Bar Foreclose Post‑Conviction J.E.B. Gender‑Bias Claims Based on Later Prosecutor Affidavits

State v. Bell (N.C. 2025): Preservation and Section 15A-1419’s Procedural Bar Foreclose Post‑Conviction J.E.B. Gender‑Bias Claims Based on Later Prosecutor Affidavits

Date: Mar 22, 2025
State v. Bell (N.C. 2025): Preservation and Section 15A-1419’s Procedural Bar Foreclose Post‑Conviction J.E.B. Gender‑Bias Claims Based on Later Prosecutor Affidavits Introduction In State v. Bell,...
Affirming Trial-Court Discretion to Exclude Sell-Hearing Purpose from Cross-Examination without Violating the Confrontation Clause

Affirming Trial-Court Discretion to Exclude Sell-Hearing Purpose from Cross-Examination without Violating the Confrontation Clause

Date: Mar 22, 2025
Affirming Trial-Court Discretion to Exclude Sell-Hearing Purpose from Cross-Examination without Violating the Confrontation Clause Case: State v. Gregory Court: Supreme Court of North Carolina Date:...
Permit Choice Triggers When an Application Is Accepted as “Complete,” Not When It Is “Final”; “Commercial Building” Requires Permanence and Primary Commercial Use — Ashe County v. Ashe County Planning Board

Permit Choice Triggers When an Application Is Accepted as “Complete,” Not When It Is “Final”; “Commercial Building” Requires Permanence and Primary Commercial Use — Ashe County v. Ashe County Planning Board

Date: Mar 22, 2025
Permit Choice Triggers When an Application Is Accepted as “Complete,” Not When It Is “Final”; “Commercial Building” Requires Permanence and Primary Commercial Use Case: Ashe County v. Ashe County...
Lockstep Application of North Carolina’s Cruel or Unusual Punishments Clause with the Eighth Amendment in Juvenile LWOP Sentencing

Lockstep Application of North Carolina’s Cruel or Unusual Punishments Clause with the Eighth Amendment in Juvenile LWOP Sentencing

Date: Feb 1, 2025
Lockstep Application of North Carolina’s Cruel or Unusual Punishments Clause with the Eighth Amendment in Juvenile LWOP Sentencing Introduction This commentary examines State v. Tirado, 385 N.C. 1...
Exemption of Machine-Generated Raw Data from Hearsay and Confrontation Clause Requirements

Exemption of Machine-Generated Raw Data from Hearsay and Confrontation Clause Requirements

Date: Feb 1, 2025
Exemption of Machine-Generated Raw Data from Hearsay and Confrontation Clause Requirements Introduction State v. Lester, 380 N.C. 1 (2025), delivered by Justice Earls of the North Carolina Supreme...
Legislative Limitations on Reopening Final Judgments: Separation of Powers under North Carolina Law

Legislative Limitations on Reopening Final Judgments: Separation of Powers under North Carolina Law

Date: Feb 1, 2025
Legislative Limitations on Reopening Final Judgments: Separation of Powers under North Carolina Law Introduction Doe v. Roman Catholic Diocese of Charlotte (No. 167PA22 & No. 168PA22) is a landmark...
Inclusive Revival of Child Sexual Abuse Torts Under the SAFE Child Act

Inclusive Revival of Child Sexual Abuse Torts Under the SAFE Child Act

Date: Feb 1, 2025
Inclusive Revival of Child Sexual Abuse Torts Under the SAFE Child Act Introduction In Cohane v. Home Missioners of America, the Supreme Court of North Carolina addressed whether the “revival...
Separation of Powers and the Immunity of Final Judgments from Legislative Revival

Separation of Powers and the Immunity of Final Judgments from Legislative Revival

Date: Feb 1, 2025
Separation of Powers and the Immunity of Final Judgments from Legislative Revival Introduction Doe 1K v. Roman Catholic Diocese of Charlotte addresses a fundamental constitutional question: can the...
Judicial Dissolution of LLCs Under N.C.G.S. § 57D-6-02(2)(i): Defining “Not Practicable” and Deadlock Resolution

Judicial Dissolution of LLCs Under N.C.G.S. § 57D-6-02(2)(i): Defining “Not Practicable” and Deadlock Resolution

Date: Feb 1, 2025
Judicial Dissolution of LLCs Under N.C.G.S. § 57D-6-02(2)(i): Defining “Not Practicable” and Deadlock Resolution Introduction This commentary examines the Supreme Court of North Carolina’s decision...
Legislative Authority to Revive Time-Barred Tort Claims under the Law of the Land Clause

Legislative Authority to Revive Time-Barred Tort Claims under the Law of the Land Clause

Date: Feb 1, 2025
Legislative Authority to Revive Time-Barred Tort Claims under the Law of the Land Clause Introduction The Supreme Court of North Carolina’s decision in McKinney v. Goins (No. 109PA22-2, filed January...
North Carolina Supreme Court Establishes Favoring Property Rights in Zoning Ordinances: Schooldev East, LLC v. Town of Wake Forest

North Carolina Supreme Court Establishes Favoring Property Rights in Zoning Ordinances: Schooldev East, LLC v. Town of Wake Forest

Date: Dec 18, 2024
North Carolina Supreme Court Establishes Favoring Property Rights in Zoning Ordinances: Schooldev East, LLC v. Town of Wake Forest Introduction In the landmark case of Schooldev East, LLC v. Town of...
Total Loss of Wage-Earning Capacity: Clarifying Workers' Compensation Standards in North Carolina

Total Loss of Wage-Earning Capacity: Clarifying Workers' Compensation Standards in North Carolina

Date: Dec 18, 2024
Total Loss of Wage-Earning Capacity: Clarifying Workers' Compensation Standards in North Carolina Introduction The landmark Supreme Court of North Carolina decision in Martin B. Sturdivant, Employee...
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