Constitutional Rights

As amended through June 18, 2024
Constitutional Rights

"[A] constitutional question which is not raised and passed upon in the trial court will not ordinarily be considered on appeal. State v. Hunter, 305 N.C. 106, 112, 286 S.E.2d 535, 539 (1982).

"The standard of review for alleged violations of constitutional rights is de novo. State v. Graham, 200 N.C. App. 204, 214, 683 S.E.2d 437, 444 (2009), appeal dismissed and disc. review denied, 363 N.C. 857, 694 S.E.2d 766 (2010); see also Piedmont Triad Reg'l Water Auth. v. Sumner Hills Inc., 353 N.C. 343, 348, 543 S.E.2d 844, 848 (2001) ("[D]e novo review is ordinarily appropriate in cases where constitutional rights are implicated.).

Revised July 26, 2016.