O’er the Ramparts: Sizing Up the Castle Doctrine in State v. Carwile and State v. Williams

The castle doctrine statute, G.S. 14-51.2, provides that it is presumptively reasonable for the lawful occupant of a home or motor vehicle to respond to an intruder with deadly force. State v. Phillips, 386 N.C. 513, 527 (2024). Two recent decisions examine the scope of this protection. In State v. Carwile, No. COA23-885 (N.C. Ct. App. Dec. 17, 2024), the Court of Appeals held that the castle doctrine did not apply when the defendant was outside his home. By contrast, in State v. Williams, COA24-50 (N.C. Ct. App. Dec. 31, 2024), the Court of Appeals held the castle doctrine did apply though the defendant was outside of his car. This post seeks to harmonize Carwile and Williams. The Castle Doctrine Statute Until 1993, the law of self-defense in North Carolina was governed largely by the common law. Enacted in 1993, G.S. 14-51.1 broadened the common law defense of habitation to justify the use of force not only to prevent but also to terminate an unlawful entry. State v. Blue, 356 N.C. 79, 89 (2002). In 2011, however, the legislature repealed G.S. 14-51.1 and enacted our current defensive force statutes, G.S. 14-51.2, -51.3 and -51.4. See State v. Kuhns, 260 N.C. App. 281, 285 (2018). Under G.S. 14-51.2, the lawful occupant of a home, motor vehicle, or workplace is presumed to have had a reasonable fear of death or serious bodily harm when using deadly force if (1) an intruder was unlawfully and forcefully entering, and (2) the occupant knew it. G.S. [...]