North Carolina Case Commentaries

Household-Pet or Livestock? – Schroeder v. Oak Grove Farm HOA and the Re-Entrenchment of the Jury as Arbiter of Fact in Restrictive-Covenant Disputes

Date: Aug 26, 2025

Household-Pet or Livestock? Schroeder v. Oak Grove Farm HOA and the Re-Entrenchment of the Jury as Arbiter of Fact in Restrictive-Covenant Disputes 1. Introduction In Schroeder v. Oak Grove Farm...

State v. Wright: Deference to Trial-Court Findings and the “Change-of-Mind” Rule in Voluntary-Consent Searches

Date: Aug 26, 2025

State v. Wright: Deference to Trial-Court Findings and the “Change-of-Mind” Rule in Voluntary-Consent Searches Introduction In State v. Wright, No. 258PA23 (N.C. Aug. 22, 2025), the Supreme Court of...

Revesting Title and Judicial Power to Undo Private-Purpose Takings – A Commentary on Town of Apex v. Rubin (N.C. 2025)

Date: Aug 26, 2025

Revesting Title and Judicial Power to Undo Private-Purpose Takings A Comprehensive Commentary on Town of Apex v. Rubin, Supreme Court of North Carolina (2025) 1. Introduction Town of Apex v. Rubin is...

Reversionary Title & Mandatory Injunctions After an Unconstitutional Taking – Comment on Town of Apex v. Rubin

Date: Aug 26, 2025

Reversionary Title & Mandatory Injunctions After an Unconstitutional Taking A Comprehensive Commentary on Town of Apex v. Rubin, 385 N.C. ___ (2025) 1. Introduction In Town of Apex v. Rubin, the...

Severe, Unexplained Abuse Supports Sibling Neglect; Appellate Courts Cannot Raise Unpreserved Theories in Juvenile Cases — In re E.H. (N.C. 2025)

Date: Aug 23, 2025

Severe, Unexplained Abuse Supports Sibling Neglect; Appellate Courts Cannot Raise Unpreserved Theories in Juvenile Cases — In re E.H. (N.C. 2025) Introduction In In re E.H., the Supreme Court of...

Ensuring Jury Unanimity in Disjunctive Sexual‐Offense Instructions: State v. Bowman (2025)

Date: May 24, 2025

Ensuring Jury Unanimity in Disjunctive Sexual‐Offense Instructions Introduction In State v. Bowman, 386 N.C. 1 (2025), the Supreme Court of North Carolina addressed a fundamental question: when a...

Qualified Duty to Read: Contributory Negligence and Blank Insurance Applications

Date: May 24, 2025

Qualified Duty to Read: Contributory Negligence and Blank Insurance Applications Introduction Jones v. J. Kim Hatcher Insurance Agencies, Inc., decided by the Supreme Court of North Carolina on May...

Public Official Immunity Does Not Extend to University Administrators: Hwang v. Cairns

Date: May 24, 2025

Public Official Immunity Does Not Extend to University Administrators: Hwang v. Cairns Introduction Hwang v. Cairns is a landmark decision by the Supreme Court of North Carolina, filed on May 23,...

Validation of Mid-Deliberation Juror Substitution in North Carolina: Upholding the Twelve-Person Jury Requirement

Date: May 24, 2025

Validation of Mid-Deliberation Juror Substitution in North Carolina: Upholding the Twelve-Person Jury Requirement Introduction State of North Carolina v. Eric Ramond Chambers, decided May 23, 2025 by...

In re L.C.: Affirming the “Natural Reasoning” Standard for Neglect Adjudications

Date: May 24, 2025

In re L.C.: Affirming the “Natural Reasoning” Standard for Neglect Adjudications Introduction In In re L.C., 383 N.C. __ (May 23, 2025), the Supreme Court of North Carolina clarified the level of...

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

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.

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

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

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

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

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

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

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

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:...