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Constitutional

Nov 11, 2025

Constitutional – First Amendment – Municipal Ordinance

The City of Asheville’s ordinance is content-neutral and is narrowly tailored to a significant government interest, leaving Plaintiff with ample alternative channels of communication. We affirmed the district court’s denial […]

Sep 30, 2025

Constitutional – Fruits of Labor – Equal Protection

Because our Fruits of Labor test is a fact intensive inquiry, we agreed with the Court of Appeals that the trial court erred when it entered summary judgment. However, the […]

Sep 30, 2025

Constitutional – Probable Cause – Right to Bear Arms

The trial court did not err by denying Defendant’s (1) motion to suppress the evidence seized from his Honda for lack of probable cause and (2) motion to dismiss the […]

Jun 18, 2025

Constitutional – North Carolina Property Tax Commission – Present-Use Value Status

Appellant’s constitutional rights to due process were not violated by Pitt County. We affirmed the decision of the North Carolina Property Tax Commission. Trade Land Company, LLC appealed from the […]

Jun 16, 2025

Constitutional – Procedural Due Process – State’s Recoupment of Monthly Retirement Payments

Recouping North Carolina’s overpayment under North Carolina law did not violate Plaintiff’s constitutional rights. We affirmed the district court’s judgment. For over eight years, North Carolina paid Plaintiff Patsy Talley […[...]

May 1, 2025

Constitutional – Public Readiness and Emergency Preparedness Act – Law of the Land Clause

The PREP Act’s immunity only covers tort injuries. Because tort injuries are not constitutional violations, the PREP Act does not bar plaintiffs’ constitutional claims. The decision of the Court of […]

May 1, 2025

Constitutional – Sunday Hunting Laws – Rational Basis Review

The Sunday hunting laws are valid under the North Carolina Constitution. We affirmed the lower court’s decision. Plaintiff appealed from an order granting summary judgment in favor of defendants on […]

Feb 20, 2025

Constitutional – Separation of Powers Principles – SAFE Child Act

The SAFE Child Act, like any other act of the General Assembly, cannot overturn a final judgment entered by the judicial branch. We affirmed the decision of the Court of […]

Feb 20, 2025

Constitutional – SAFE Child Act – Time-Barred Claims

The text of the relevant constitutional provisions, the historical context in which the people of North Carolina adopted them, and our precedents all confirm that there is no constitutionally protected […]

Feb 20, 2025

Constitutional – State Constitutional Requirements – State v. Kelliher

The Court of Appeals properly analyzed defendant’s state constitutional objections to his consecutive sentences of life without parole. We affirmed the decision of the Court of Appeals. We considered whether […]

Jan 22, 2025

Constitutional – Guilty Plea – 18 USC §844(f)(1)

A criminal defendant who pleads guilty waives any argument that the statute of conviction does not cover that defendant’s conduct. And a defendant who wishes to preserve an argument that […]

Jan 9, 2025

Constitutional – True Threats – False Report Concerning Mass Violence

The trial court erred in denying the juvenile’s motion to dismiss the petitions alleging offenses of communicating a threat to commit mass violence on educational property and making a false […]


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