North Carolina Lawyers Weekly

Apr 6, 2026

Criminal Practice – Diminished Capacity and Insanity – Competency

The Court found no error in the trial court’s rulings on competency, refusal of diminished capacity and insanity defenses, counsel performance, or admission of a voicemail recording. Defendant received a […]

Apr 6, 2026

Criminal Practice – Satellite-Based Monitoring – Authentication of Video

The trial court properly admitted videos depicting the offenses, but the State failed to present evidence justifying a higher risk level. The Court affirmed Defendant’s convictions for second-degree rape but […]

Apr 6, 2026

Criminal Practice – Sufficiency-of-the-Evidence Claim – Civil Judgment for Attorneys’ Fees

Defendant’s sufficiency-of-the-evidence claim was unpreserved, his ineffective-assistance-of-counsel claim was premature, and his challenge to attorneys’ fees was unreviewable for lack of jurisdiction. Dismissed in part; dismissed without[...]

Apr 6, 2026

Constitutional – Environmental Enhancement Grants Program – North Carolina Constitution

Environmental Enhancement Grants (EEG) funds from Smithfield Foods must be used for environmental enhancement per the 2000 agreement, not exclusively for public schools, and the trial court exceeded its authority […]

Apr 6, 2026

Trusts & Estates – Law Firm Serving as Trustee or Successor Executor – Standing

A law firm organized as a professional limited liability company cannot serve as trustee or successor executor under state law. The Court of Appeals reversed the trial court’s dismissal of […]

Apr 6, 2026

Domestic Relations – North Carolina Domestic Violence Act – Domestic Violence Protective Order

The statutory one-year limit applies to the order issued after notice and hearing and does not include time served under a prior ex parte order. We affirmed the trial court’s […]

Apr 6, 2026

Civil Practice – Voluntary Dismissal – Motion to Enforce Settlement

The trial court properly exercised its discretion in denying relief under Rule 60(b)(6) for a voluntary dismissal, but the court lacked jurisdiction to rule on the motion to enforce an […]

Mar 28, 2026

Civil Practice – Order to Enforce – Motion to Amend

Where Plaintiffs failed to timely appeal the Order to Enforce, we do not have jurisdiction to review that portion of Plaintiffs’ appeal. We do not have jurisdiction to hear Plaintiffs’ […]

Mar 28, 2026

Real Property – Obligations Under Deed of Trust – Promissory Note

A co-signer on a deed of trust who did not execute the promissory note is not obligated to use their share of sale proceeds to satisfy the mortgage debt, which […]

Mar 28, 2026

Criminal Practice – Alternate Juror – Jury Deliberations

The trial court did not err because the alternate juror did not intrude upon the jury’s deliberations at any point. We discerned no error. In 2023, a grand jury indicted […]

Mar 28, 2026

Criminal Practice – Right to Appeal – Petition for Writ of Certiorari

Defendant failed to show that the loss of the right to appeal was due to some error or act of the court or its officers, and not to any fault […]

Mar 28, 2026

Criminal Practice – Forfeiture of Counsel – Criminal Contempt

Defendant’s conduct effectively undermined the purpose of the right to counsel. Consequently, the trial court did not err in concluding Defendant forfeited his right to counsel. However, the trial court […]