North Carolina’s appellate courts must apply a two-part test when determining whether a writ of certiorari should issue. Cryan v.…

When married couples divorce, the property at issue sometimes includes professional entities such as law firms. In many…

In general, state law prohibits individuals with felony convictions from purchasing, owning, or possessing firearms. N.C.G.S. §…

The issues presented here are (1) whether the Court of Appeals erred in holding that the trial court committed plain error when…

The question presented here is whether Mr. Williams was entitled to an instruction under N.C.G.S. § 14-51.2(b), commonly known as…

The North Carolina Rules of Civil Procedure are intended to facilitate the “expeditious handling of factual information before…

We allowed discretionary review in this case to address emerging questions about the scope of our recent decision in State v.…

Defendant Michael John Moore Sr. murdered his wife by taping her mouth shut and suffocating her with plastic bags. When law…

K.H. (Katherine)1 was a student at a public middle school in the Alamance- Burlington School District in the fall of 2022.

The Court of Appeals affirmed the trial court’s order denying defendant’s motion to suppress evidence seized from a vehicle…

During a traffic stop, officers found, inter alia, a bookbag with drug paraphernalia and trafficking weights of controlled…

This case presents a question of first impression for this Court: whether under Rule 19 a revocable trust must be joined to an…

In 2003, Defendant William David Lingerfelt pleaded guilty to two counts of sexual activity by a substitute parent. As a result,…

Defendant was sentenced to life in prison in 2017 following his convictions for first-degree murder and first-degree arson. On…

The issue in this case is whether the United States Supreme Court’s decision in Florida v. Nixon generally requires the two-part…

Once again, we are confronted with a case where the factual allegations “concern matters that are controversial in contemporary…

In this case, we consider whether the Court of Appeals erred in concluding that defendant, Dallas Jerome McGirt, did not…

Expenditures—scope of authority—net proceeds of occupancy tax—"tourism-related expenditures"—public safety services

Affirmed

Text messages—voluminous and un-redacted—admitted without limiting instruction—plain error analysis

In this appeal we consider the lawfulness of final orders issued by the North Carolina Utilities Commission granting rate…

Capital case—executive clemency—death sentence commuted to life imprisonment without parole— effect on right of direct appeal to…

Affirmed

Traffic stop—warrantless search—probable cause—totality of circumstances—marijuana odor only one factor

Preservation of issues—insufficiency of evidence—two separate assault charges—general motion to dismiss

Class certification—conflict between class definition and court's analysis—ascertainability

Effective assistance of counsel—defense counsel's purported concessions of guilt—defendant's stipulations—Harbison inapplicable

Contested case petition—timeliness—Civil Procedure Rule 6(e)—inapplicable

Murder trial—victim's prior felony convictions—to show defendant's state of mind—exclusion under Rule 404(b)—prejudicial

Traffic stop—warrantless search—reasonable suspicion—probable cause—totality of circumstances—marijuana odor

Enforceability—employment agreement—ownership interest provision—void for indefiniteness

Having considered the opinion of the Court of Appeals, the record and briefs, and the oral arguments before us, we conclude that…

Guilty plea—limited right of appeal—statutory exception inapplicable—appellate jurisdiction improper

Enforceability of employment agreement—prior lawsuit—issue not actually litigated—resolved by settlement

Preservation of issues—general rate case—transmission cost allocation stipulation—no opposition or objection raised

Judicial standards—censure recommendation adopted—factual findings supported

Remanded

Subject matter jurisdiction—education funding—facial challenge never properly invoked—vacatur and dismissal with prejudice

Certification—class consisting of home builders—entitlement to refund of water and sewer impact fees paid to city

Reversed

Affirmed

Statute of limitation—plain language—ability of parties to shorten the limitation period by contract

Harsher punishment following successful appeal—original minimum sentence erroneously undercalculated—proper punishment imposed…

Interlocutory order—denying motion for reconsideration—partial summary judgment—rejecting statute of repose defense—substantial…

Agreement by father to pay son's legal bills—enforceability—sufficiency of email correspondence—memorandum or note

Robbery with a dangerous weapon—taking of property—sufficiency of evidence

Certification—feasibility of ascertaining class members—no predominance or superiority issues

Protective order—annotated statement from complainant—incorporation by reference—factfinding sufficient

Defenses—statutory castle doctrine—inaccurate jury instructions—plain error analysis

Affirmed

Affirmed; Discretionary Review Improvidently Allowed

Negligent retention claim—corporate medical practice—statutory definition of medical malpractice action met—barred under…

Condemnation—Map Act—recordation of highway corridor map—rescinded years later—indefinite taking—measure of damages

Multiple counts—based on separate kisses—distinct offenses

Collateral estoppel—juvenile abuse petition—no privity—no factual determinations—doctrine inapplicable

Sales tax—agency tax assessment—presumption of correctness—remanded for recalculation

Business dispute—purported transfer of interests—noncompliance with operating agreement

Cruelty to animals—felony offense—knowledge element—circumstantial evidence sufficient

Class certification—fees charged to developers by town—individualized issues predominating over common issues of law and fact

Possession of stolen gun—knowledge or reasonable grounds to believe gun was stolen—sufficiency of evidence

Affirmed

Resentencing of murder convictions—scope of mandate on remand—discretion regarding ancillary convictions not limited

Jurisdiction—joint employment doctrine—control requirement—not satisfied

Restrictions recorded under the Roadway Corridor Official Map Act—damages not raised in condemnation action—right to damages…

Unified development ordinance—notice of violation—description of alleged zoning violations—insufficient

Affirmed

Discretionary Review Improvidently Allowed

State agency's interpretation of its regulations—reviewable de novo on appeal—agency interpretation not binding

Motion to suppress—warrant—information in accompanying affidavit sufficient

Preservation of issues—exclusion of evidence—offer of proof made—ruling obtained

Discretionary Review Improvidently Allowed

Interlocutory order—enforcing subpoena—body camera footage of criminal defendant's arrest—statutory confidentiality…

Certificate of need—contested case—final decisions subject to review—deference to factual determination

Fatal chiller explosion—unforeseeable event—lack of proximate cause

Batson inquiry—first step not mooted—remanded for appellate review of the trial court's prima facie determination

Complex business case—claims brought by minority shareholders—appellate review—deference to Business Court's analysis

General permit for animal waste management systems—conditions added under settlement agreement—"rule" under Administrative…

Exclusionary rule—cell-site location information—good faith exception—statutory and constitutional analyses

Discretionary Review Improvidently Allowed

Interlocutory order—denying Rule 12 motions to dismiss—statutory immunity claim—not an adverse ruling on personal jurisdiction

Closing argument—request to read excerpts from appellate opinions to jury—properly denied

North Carolina—Corum claim—Equal Protection—economic regulation—rational basis review

Denial of justice officer certification—lack of good moral character—substantial evidence—not arbitrary and capricious

Juvenile abuse and neglect—unpreserved issues—analyzed on appellate review—improper

Inverse condemnation declaratory judgment action—prior direct condemnation action pending—damages left unresolved

Summary judgment—motion to strike portions of affidavit—conclusory statements and inadmissible legal conclusions—lack of specific…

Renewal of school bus driver's certificates—falsified records—applicability of section 20-34.1

Contested case petition—as-applied constitutional challenge to tax statute—dismissal required—no subject matter jurisdiction in…

North Carolina—Corum claims—not barred by sovereign immunity

Warrantless search of backpack—voluntary consent—constitutionally permissible

Class certification—predominance issues—illegal sales promotion—differing referral statutes between states

The North Carolina Constitution only allows the taking of private property by eminent domain if the taking is for public use and…

Contributory negligence—summary judgment—golfing accident—open and obvious risk—lack of situational awareness

Custody modification—escalating conflict—effect on children's health and welfare—substantial change in circumstances—best…

Adjudication of neglect—sufficiency and specificity of findings—substantial risk of impairment

Affirmed; Discretionary Review Improvidently Allowed

Affirmed

Punitive damages—insurance application—material misrepresentations by agent—willful and wanton conduct

Vacated and Remanded

Misconduct—DWI—minor daughter in car—uncooperative during arrest—invoking judicial title to avoid legal consequences—censure

Right to unanimous verdict—first-degree forcible sexual offense—disjunctive instruction—evidence of alternative acts to establish…

Criminal trial—constitutional right to unanimity—amended juror substitution statute—deliberations begin anew

Public official—not available to an employee of a government agency—position not created by statute—no exercise of sovereign power

Affirmed

Modified and Affirmed

Affirmed

Preservation of issues—motion for judgment notwithstanding the verdict—not specifically raised in motion for directed…

Affirmed

Affirmed

Permits—asphalt plant—compliance with setback requirements—meaning of "commercial building"

Waiver of right to counsel—statutory colloquy—range of permissible punishments—tantamount to a life sentence

Standard of review—cruel and unusual punishment—life imprisonment without parole—juvenile defendant

Abandonment of issues—"swapping horses" on appeal—issue not raised at trial or in prior appeal

Eighth Amendment—consecutive life sentences imposed—juvenile defendant—Miller factors

Equitable distribution—classification of land—pretrial stipulation—no ruling on motion to set aside—invited error

Affirmed

Murder prosecution—juvenile defendant—gender discrimination in jury selection—issue raised post-conviction—procedurally barred

Federal public emergency act—unwanted vaccination during pandemic—tort claims barred—no preemption of state constitutional claims

North Carolina—tort claims—child sexual abuse—retroactive alteration of expired statutes of limitations—no vested right

North Carolina—separation of powers—child sexual abuse claims—dismissed in prior final judgments—not revived by legislation

In 2019, the General Assembly passed the SAFE Child Act, which revived claims for child sexual abuse that were time-barred by the…

Eighth Amendment—juvenile offender—life imprisonment without parole—separate review of state constitutional claim not required

Tort claims—child sexual abuse—retroactive alteration of expired statutes of limitations—applicable to enablers of abuse

Cell phone records—strictly computer-generated data—neither hearsay nor testimonial—Confrontation Clause—inapplicable

Limited liability companies—grounds for judicial dissolution—managerial deadlock—continued operations not practicable—factors…

Affirmed

Temporary total disability payments—"total loss of wage-earning capacity”—plain language analysis—capacity for any type of work

Preservation of issues—constitutional rights of parent—determined by district court on its own initiative—not challenged in trial…

Commercial—government-ordered pandemic restrictions—temporary business closures—"direct physical loss" met

Unified development ordinance—school construction—connectivity requirements—ambiguous provision—free use of land

Clerk of superior court—constitutional officer—removal—authority of a replacement judge appointed by the Chief Justice

Capital murder trial—pretrial motion to strike death penalty—prosecutorial discretion

Full custody awarded to non-relative—statutorily required findings sufficient

Commercial—government-ordered pandemic restrictions—policy interpretation—viral contamination exclusion

Reversed and Remanded

Preservation of issues—criminal defendant’s right to competency hearing—statutory—waiver

Statutory construction—purpose and legislative intent—export credit allowed in a tax year—summary judgment improper

Affirmed

Driving while impaired—aggravating factors—found by trial judge instead of jury—harmless error review

Interlocutory order—substantial right—sufficiency of factual basis

Affirmed

Challenge to Certificate of Need law—claims not limited to as-applied challenge—facial challenge implicated—remand required

Reversed

Reversed

Hearsay—phone call between murder victim and niece—code name used for defendant—excited utterance exception

Contributory negligence—fall through attic floor—open and obvious risk—failure to exercise reasonable care

Mootness—denial of habeas petition—review of lower appellate court decision—clarification required

Appeal to Supreme Court—based on Court of Appeals dissent—new theory asserted in dissent—review declined

Neglect and dependency—adjudication order—steps for reviewing on appeal—sufficiency of findings and evidence

Ordinance—land use buffer—conflicting text and table—interpretive provision—text controls

Condemnation—rights asserted by owner and developer—corollary suits pending—all pleaded issues regarding taking resolved—summary…

North Carolina—direct constitutional claims—colorable—selective enforcement of emergency executive order—State's sovereign…

With a deadly weapon inflicting serious injury—jury instructions—castle doctrine—proportionality of force used—improper

Homeowner's fire insurance—notice of cancellation—statutory requirements—actual notice sufficient

Sufficiency of indictments—human trafficking—multiple counts per victim—unit of prosecution

Abuse and neglect—visitation—dispositional evidence and factual findings—principles for appellate review

North Carolina—direct constitutional claims—condemnation of plaintiffs' properties—adequate state law remedy

Covenant of good faith and fair dealing—consumer agreement—unilateral changes—arbitration amendment—relation back to original…

Prosecutor's closing argument—child rape trial—defendant's sexual history—not grossly improper

Action to quiet title—equitable subrogation—applicability—genuine issues of material fact—culpable negligence

Affirmed

Preservation of issues—criminal trial—judge's failure to follow statutory mandate—no preliminary prejudice analysis required

Interlocutory order—failure to show grounds for appellate review—release of underlying claim

Prosecutor's closing statement—self-defense to murder—characterization of defendant's actions as aggressive—no misstatements of…

Guardianship—awarded to in-state relative—before home study of out-of-state relative was completed

Easement—claim by owner of dominant tenement—hostile possession—summary judgment

Sexual battery—essential elements—force implied by lack of consent—sufficiency of notice to defendant

Custodial law enforcement agency recordings—media request—release—initiation by petition versus complaint—legislative intent

Motion to disqualify district attorney's office—actual conflict of interest—victim's role as county manager irrelevant

Second-degree rape—short-form indictment—sufficiency—effect on trial court's jurisdiction—abrogation of common law pleading rules

Rule 412—definition of "sexual behavior"—criminal prosecution—sexual offenses against child—evidence of prior sexual abuse by…

Protest—defamation claim—absolute privilege—broad scope—attaches to the proceeding

Right to appeal—denial of motion to suppress—entry of guilty plea—no plea agreement—notice of intent to appeal not required

North Carolina—Fines and Forfeitures Clause—interlocal agreement—"clear proceeds"—fines from red light camera enforcement program

Fraudulent denial of mortgage modification—date of discovery—lack of diligence—claims time-barred

Governmental—speed limit exceeded by police officer—no statutory waiver of immunity

Standing—challenge to monument removal—breach of contract alleged—legal injury

Warrantless search—standing to challenge—reasonable expectation of privacy—material fact questions—findings required

North Carolina—right to a speedy trial—convictions set aside—adequacy of remedy

Compensability—causal connection to workplace injury—"directly related" test—three independent criteria

Compulsory counterclaim—relation back to filing of complaint—permitted by Rules of Civil Procedure

Affirmed in Part, Reversed in Part, and Remanded

Class certification—inconsistent definitions of class—further issues for review on remand

Effective assistance of counsel—trial counsel—right to testify at trial—appellate counsel—Anders brief—motion for appropriate…

Personal—service of process—waiver—post-judgment motion to exempt property—general appearance

Affirmed

Insurance—underinsured motorist coverage—qualification as underinsured highway vehicle—interpolicy stacking—not permitted

Implied warranty of habitability—corroded gas line—notice requirement

Criminal conversation—unidentified lover—summary judgment—evidence of post-separation dating relationship—mere conjecture

Discipline—improper phone call to magistrate—to demand bond reduction for her son—closing down administrative courtroom without…

Discretionary Review Improvidently Allowed

Affirmed

Medicaid reimbursements—prepayment review—constitutional violations alleged—no genuine issue of material fact

Selection—Batson challenge—prima facie case not established—newly discovered evidence—procedural bar

First-degree—felony murder—jury instruction on lesser-included offense—no evidentiary support

Appellate jurisdiction—petition for certiorari—order granting motion to suppress—no statutory mechanism for appeal to lower court

Coverage under parents' policy—resident of household—time spent in the home—intent to form common household

Sufficiency—going armed to the terror of the public—act committed on a public highway—not an essential element

Multiple conspiracies—sufficiency of evidence—separate and distinct agreements

Traffic stop—independent reasonable suspicion—traffic violation—impaired driving

Medical malpractice—minor plaintiff—thirteen years old at time of accrual of claim—ordinary three-year limitations period

Judicial—magistrate—sued in official capacity—applicability

Registration—early termination—ten-year registration requirement—prior out-of-state registration

Summary judgment hearing—failure to exercise discretion to allow testimony—mistake of law—remand

Scope of appeal—enforcement of development ordinance—violation determined in prior appeal—binding

Other crimes, wrongs, or acts—prior sexual assaults of a child—similarity to charged sexual offenses against another child

Affirmed

Discretionary Review Improvidently Allowed

Affirmed

Exclusionary rule—not mandatory—remand for determination of propriety