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North Carolina

North Carolina Appellate Procedure Criminal Evidence

Supreme Court of North Carolina

Montanino — Common knowledge proved SUV exceeded felony-larceny threshold

/ October 23, 2026

The Supreme Court upheld the conviction. It agreed that the instructions and verdict form, read together, did not probably change the verdict under North Carolina’s exacting plain-error standard. On value, the Court rejected a rigid direct-evidence rule: jurors may use common knowledge when property is so ubiquitous that an average juror can determine with high certainty that its value clears the statutory threshold. Evidence that the six-year-ol

North Carolina Criminal Plea Bargains Sentencing

Supreme Court of North Carolina

Latta — Absconding breached plea agreement and barred withdrawal

/ October 23, 2026

The Supreme Court reversed. Applying contract principles to the plea bargain, it held that appearing for sentencing is an implicit condition of every plea agreement involving imprisonment. Latta breached that condition by fleeing and failing to appear, even if he had otherwise cooperated. Once he breached, the agreement no longer governed his sentence, so the different lawful sentence did not trigger G.S. 15A-1024’s plea-withdrawal right. The Cou

North Carolina Bankruptcy Civil Procedure Debt collection

Supreme Court of North Carolina

East Bay — Bankruptcy stay tolled judgment-renewal deadline

/ October 23, 2026

The Supreme Court unanimously reversed. G.S. 1-23 excludes from a limitations period the time during which an injunction or statutory prohibition stays commencement of an action, and the Bankruptcy Code’s automatic stay is exactly such a statutory prohibition. The 711-day stay therefore tolled the ten-year deadline, making East Bay’s renewal action timely. The Court also held that 11 U.S.C. § 108(c) recognizes longer suspension periods supplied b

North Carolina Breach of Contract Civil Procedure Consumer Protection

Supreme Court of North Carolina

Turpin — Claims against Charlotte Latin revive under notice pleading rules

/ August 14, 2026

The Supreme Court held that the complaint adequately pleaded claims for breach of contract, fraud, violation of North Carolina’s Unfair and Deceptive Trade Practices Act, and defamation under the state’s notice-pleading standard. It affirmed dismissal of negligent misrepresentation, dismissed review of remaining issues as improvidently allowed, and remanded the revived claims.

North Carolina Appellate Procedure Criminal Evidence

Supreme Court of North Carolina

Wingate — Expert testimony and incorrect statutory citation did not require a new trial

/ August 14, 2026

The Supreme Court reversed on both points. Even assuming portions of the expert testimony crossed the line, Wingate could not show plain error—that the jury probably would have reached a different result without it. The indictment’s factual allegations and the circumstances gave adequate notice despite the incorrect statutory citation.

North Carolina Criminal Self-Defense Statutory Interpretation

Supreme Court of North Carolina

Williams — Castle doctrine can protect a lawful vehicle occupant after he exits

/ August 14, 2026

The Supreme Court modified and affirmed. Under the facts and statutory text, Williams remained a lawful occupant for purposes of N.C.G.S. § 14-51.2 even after exiting the vehicle during the confrontation. He was entitled to the presumption instruction, and the failure to give it was prejudicial.

North Carolina Constitutional Criminal Trial Practice

Supreme Court of North Carolina

Thomas — Juror substitution is constitutional when statutory safeguards are followed

/ August 14, 2026

Applying State v. Chambers, the Supreme Court rejected a case-by-case constitutional test. The statute is constitutional when its two safeguards are observed: the alternate must not have discussed the case and the reconstituted jury must begin deliberations anew. The Court reversed on substitution, held the suppression issue unpreserved, and remanded for remaining issues.

North Carolina Criminal Evidence Firearms

Supreme Court of North Carolina

Norris — Total circumstances supported constructive possession of firearm

/ August 14, 2026

The Supreme Court held that the Court of Appeals failed to view the evidence in the light most favorable to the State. Occupancy, proximity, control of the premises, and Norris’s suspicious movement together supplied incriminating circumstances from which a jury could find constructive possession. The Court reversed and remanded for consideration of remaining appellate issues.

North Carolina Appellate Procedure Criminal

Supreme Court of North Carolina

Moore — Additional restraints supported kidnapping conviction separate from murder

/ August 14, 2026

The Supreme Court reversed. Although restraint inherent and inevitable in another felony cannot independently support kidnapping, the State presented evidence of extensive additional bindings beyond what the suffocation murder required. Those restraints permitted the jury to find a separate kidnapping and supported reinstatement of that judgment.

North Carolina Constitutional Criminal Trial Practice

Supreme Court of North Carolina

McGirt — Written requests and colloquy established valid waiver of counsel

/ August 14, 2026

The Supreme Court reversed and concluded that McGirt knowingly, intelligently, and voluntarily waived counsel. The written requests, extended history with appointed counsel, and trial court’s questioning showed an unequivocal choice and awareness of the consequences. Because waiver resolved the appeal, the majority did not need to decide forfeiture by misconduct.

North Carolina Appellate Procedure Criminal

Supreme Court of North Carolina

Martinez — Cryan discretionary standard governs criminal certiorari petitions

/ August 14, 2026

The Supreme Court affirmed the grant of certiorari and held that the discretionary framework stated in Cryan applies to all petitions, including criminal matters. Extraordinary circumstances may justify issuance, although obtaining the writ does not predict success on the merits. The reviewing court’s decision is tested for an abuse of discretion.

North Carolina Appellate Procedure Criminal

Supreme Court of North Carolina

Lingerfelt — Law of the case bars renewed challenge to sex-offender tier designation

/ August 14, 2026

The Supreme Court held that successive petitions to terminate registration are parts of the same underlying case. The unappealed 2019 tier ruling therefore became law of the case and foreclosed relitigation in the later petition. The Court modified and affirmed without reaching the remaining statutory analysis.

North Carolina Appellate Procedure Constitutional Criminal

Supreme Court of North Carolina

Gupton — Record-based ineffective-assistance claims can be barred if omitted on direct appeal

/ August 14, 2026

The Supreme Court affirmed. Because the record available during the direct appeal was adequate to litigate the asserted deficiencies and prejudice, Gupton was in a position to raise the claims then. His later motion could therefore be rejected under N.C.G.S. § 15A-1419 rather than decided through a new evidentiary proceeding.

North Carolina Appellate Procedure Criminal Drug Law

Supreme Court of North Carolina

Garmon — Habitual-felon indictment may precede principal felony indictment

/ August 14, 2026

The Supreme Court held that the Habitual Felon Act does not prohibit filing the status indictment before the principal-felony indictment. It rejected relief on that ground. On the vehicle count, the Court found insufficient evidence of using the car to keep drugs over time but remanded for consideration of the alternative allegation that it was maintained to sell drugs.

North Carolina Appellate Procedure Constitutional Criminal

Supreme Court of North Carolina

Farook — Most unconsented guilt concessions now require Strickland prejudice analysis

/ August 14, 2026

The Supreme Court narrowed the reach of the per se-prejudice rule associated with State v. Harbison. Reading Florida v. Nixon, Strickland, and Cronic together, it held that most claims based on an unconsented concession require proof of deficient performance and prejudice; automatic prejudice is reserved for circumstances in which the defendant is entirely surprised by counsel’s concession. It reversed the remand for an evidentiary hearing.

North Carolina Business Law Family Law Valuation

Supreme Court of North Carolina

Sneed — Personal goodwill of a professional practice is not marital property

/ August 14, 2026

The Supreme Court distinguished marketable enterprise goodwill, which remains with a practice, from personal goodwill that depends on the individual practitioner. It held that personal goodwill cannot qualify as marital property and reversed to that extent. Review of the enterprise-goodwill issue was dismissed as improvidently allowed, and the matter was remanded for a corrected distribution order.

North Carolina Civil Procedure Personal Injury & Tort Product Liability

Supreme Court of North Carolina

Sessoms — Supreme Court resets Rule 30(b)(6) discovery sanctions in vehicle-death suit

/ August 14, 2026

The Supreme Court held that a Rule 30(b)(6) deponent does not have to obtain a protective order before the deposition to preserve objections to noticed topics. It also held that the trial court could not require defendants to create new English-language versions of documents already produced in Japanese. The Court reversed in relevant part, directed that the discovery order be vacated, and remanded for a fresh application of the governing rules.

North Carolina Civil Rights Constitutional Education Law

Supreme Court of North Carolina

K.H. — Student may pursue state constitutional claim over school response to alleged teacher assault

/ August 14, 2026

The Supreme Court held that the pleaded facts were sufficient to proceed on a narrow constitutional theory: a school board may not be deliberately indifferent to extreme in-school conduct that deprives a student of equal access to a sound basic education. The Court also found immediate appellate jurisdiction based on the risk of inconsistent verdicts, reversed the contrary ruling, and remanded.

North Carolina Civil Procedure Estate Law Family Law

Supreme Court of North Carolina

Face — Revocable trust need not be joined when all settlors are parties to equitable distribution

/ August 14, 2026

The Supreme Court answered a question of first impression and held that the revocable trust did not have to be joined. Because every settlor was already a party, a judgment concerning the trust property effectively bound the trust without impairing another person’s rights. The Court modified and affirmed the Court of Appeals.