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Articles Posted in North Carolina Court of Appeals

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Standing to Challenge a Search | NC Search and Seizure Law

In the recent appellate decision of North Carolina v. Escalante (also cited as State v. Escalante), No. COA25-64, filed December 17, 2025, the North Carolina Court of Appeals examined whether the defendant had the legal right, known as standing, to challenge the legality of electronic surveillance used in his arrest.…

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Civil Warrants, Criminal Searches: Fourth Amendment in North Carolina

The North Carolina Court of Appeals’ decision in State v. Hickman (COA24-893, filed November 5, 2025) revisits a foundational question in constitutional law. When government agents enter private property without a warrant, what happens to the evidence they obtain? While the case involves a Department of Revenue tax warrant rather…

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Guilty Plea Appeal Rights After North Carolina v. Branham

Can You Appeal After a Guilty Plea in North Carolina? Quick Take: North Carolina v. Branham shows that guilty pleas in North Carolina do not automatically preserve appellate rights, but certiorari may sometimes fill the gap. The Court of Appeals held no statutory right existed to appeal a denied immunity…

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