North Carolina Case Commentaries

Appellate Review of Cease Reunification Orders Under N.C.G.S. §7B–507(b): Integration with Termination of Parental Rights

Date: Dec 21, 2013

Appellate Review of Cease Reunification Orders Under N.C.G.S. §7B–507(b): Integration with Termination of Parental Rights Introduction The Supreme Court of North Carolina, in In the Matter of L.M.T.,...

Reaffirming the Corpus Delicti Rule in Felon Firearm Possession: State v. Cox

Date: Nov 9, 2013

Reaffirming the Corpus Delicti Rule in Felon Firearm Possession: State v. Cox Introduction State of North Carolina v. Ronald Princegerald Cox is a pivotal 2013 decision by the Supreme Court of North...

North Carolina Supreme Court Establishes Reliance Requirement for Misrepresentation Claims under N.C.G.S. §75–1.1

Date: Aug 29, 2013

North Carolina Supreme Court Establishes Reliance Requirement for Misrepresentation Claims under N.C.G.S. §75–1.1 Introduction In the landmark case of Tra v. s T. Bumpers and Troy Elliott, on behalf...

Aggravating Factors in Plea Agreements: Insights from STATE v. Khan

Date: Mar 9, 2013

Aggravating Factors in Plea Agreements: Insights from STATE of North Carolina v. Aadil Shahid Khan Introduction The case of STATE of North Carolina v. Aadil Shahid Khan, 738 S.E.2d 167 (N.C. 2013),...

Preservation of Attorney-Client Privilege in Redistricting: Analysis of N.C. Supreme Court Decision in Margaret Dickson et al. v. Rucho et al.

Date: Jan 26, 2013

Preservation of Attorney-Client Privilege in Redistricting: Analysis of N.C. Supreme Court Decision in Margaret Dickson et al. v. Rucho et al. Introduction The North Carolina Supreme Court case...

Supreme Court Upholds Legislative Control Over County Zoning: Invalidating Cabarrus County's Adequate Public Facilities Ordinance

Date: Aug 25, 2012

Supreme Court Upholds Legislative Control Over County Zoning: Invalidating Cabarrus County's Adequate Public Facilities Ordinance Introduction In the landmark case of Lanvale Properties, LLC and...

Constructive Possession in Drug and Firearm Cases: Insights from STATE v. Bradshaw

Date: Jun 15, 2012

Constructive Possession in Drug and Firearm Cases: Insights from STATE v. Bradshaw Introduction STATE of North Carolina v. Samario Antwain Bradshaw (728 S.E.2d 345), adjudicated on June 14, 2012, by...

Expert Witness Qualification in Medical Malpractice: Moore v. Proper Establishes New Standards

Date: Jun 15, 2012

Expert Witness Qualification in Medical Malpractice: Moore v. Proper Establishes New Standards Introduction In the landmark case of Janet E. Moore v. Daniel H. Proper, adjudicated by the Supreme...

Admissibility of Prior Acts under Rule 404(b): Insights from State of North Carolina v. Beckelheimer

Date: Jun 15, 2012

Admissibility of Prior Acts under Rule 404(b): Insights from State of North Carolina v. Beckelheimer Introduction The case of State of North Carolina v. Matthew Lee Beckelheimer, adjudicated by the...

Clarification of Plain Error Standard in State v. Lawrence

Date: Apr 14, 2012

Clarification of Plain Error Standard in State v. Lawrence Introduction State of North Carolina v. David Ordis Lawrence (723 S.E.2d 326) is a landmark decision by the Supreme Court of North Carolina,...

Supreme Court Clarifies Scope of Section 99B-3 in Product Liability: Alterations by Non-Parties Can Shield Manufacturers

Date: Apr 14, 2012

Supreme Court Clarifies Scope of Section 99B-3 in Product Liability: Alterations by Non-Parties Can Shield Manufacturers Introduction In the landmark case Cheyenne Saleena Stark, a Minor, and Cody...

Reversing Summary Judgment in Conversion and Constructive Trust Claims: Variety Wholesalers, Inc. v. Salem Logistics Traffic Services, LLC

Date: Apr 14, 2012

Reversing Summary Judgment in Conversion and Constructive Trust Claims: Variety Wholesalers, Inc. v. Salem Logistics Traffic Services, LLC Introduction Variety Wholesalers, Inc. v. Salem Logistics...

Proper Exercise of Trial Court Discretion in Denying Jury's Review of Testimony: State v. Starr

Date: Dec 10, 2011

Proper Exercise of Trial Court Discretion in Denying Jury's Review of Testimony: State v. Starr Introduction State of North Carolina v. Thomas John Starr (365 N.C. 314) is a pivotal case adjudicated...

State v. Phillips: Upholding Standards for Voluntary Confessions and Effective Counsel in Capital Murder Cases

Date: Jun 2, 2011

State of North Carolina v. Mario Lynn Phillips: Upholding Standards for Voluntary Confessions and Effective Counsel in Capital Murder Cases Introduction In State of North Carolina v. Mario Lynn...

Reaffirming Probable Cause Standards in Constructive Possession Cases: Insights from State v. Biber

Date: Jun 2, 2011

Reaffirming Probable Cause Standards in Constructive Possession Cases: Insights from State v. Biber Introduction State of North Carolina v. Benzion Biber, 365 N.C. 162 (2011), adjudicated by the...

Broad Interpretation of "Work" in Zoning Ordinances: Morris Communications Corp. v. City of Bessemer

Date: Jun 2, 2011

Broad Interpretation of "Work" in Zoning Ordinances: Morris Communications Corp. v. City of Bessemer Introduction Morris Communications Corporation d/b/a Fairway Outdoor Advertising v. City of...

North Carolina Upholds 2% Signature Requirement for Ballot Access: Establishing New Legal Standards

Date: Mar 2, 2011

North Carolina Upholds 2% Signature Requirement for Ballot Access: Establishing New Legal Standards Introduction In the landmark case, Libertarian Party of North Carolina et al. v. State of North...

STATE v. MUMFORD: Reinforcing Inconsistent Verdicts Doctrine and Standards for Restitution in Felony Serious Injury Cases

Date: Oct 2, 2010

STATE v. MUMFORD: Reinforcing Inconsistent Verdicts Doctrine and Standards for Restitution in Felony Serious Injury Cases Introduction State of North Carolina v. Aubrey Alberto Mumford, 699 S.E.2d...

Mandating Scientifically Valid Chemical Analysis Over Visual Identification in Controlled Substance Cases: State of NC v. Ward

Date: Jun 2, 2010

Mandating Scientifically Valid Chemical Analysis Over Visual Identification in Controlled Substance Cases: State of NC v. Ward Introduction The case State of North Carolina v. Jimmy Waylon Ward (694...

North Carolina Supreme Court Clarifies Non-Jurisdictional Nature of N.C.G.S. § 7B-1703 Timing Requirements in Juvenile Delinquency Proceedings

Date: Jun 2, 2010

North Carolina Supreme Court Clarifies Non-Jurisdictional Nature of N.C.G.S. § 7B-1703 Timing Requirements in Juvenile Delinquency Proceedings Introduction In the case of In the Matter of D.S. (694...

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