North Carolina Case Commentaries

Enhanced Standards for Post-Conviction Relief: Implications from STATE OF NORTH CAROLINA v. SCOTT DAVID ALLEN

Date: Aug 14, 2021

Enhanced Standards for Post-Conviction Relief: Implications from STATE OF NORTH CAROLINA v. SCOTT DAVID ALLEN Introduction The case of STATE OF NORTH CAROLINA v. SCOTT DAVID ALLEN (861 S.E.2d 273)...

Affirmation of Reasonable Suspicion Standards in Terry Searches: STATE OF NORTH CAROLINA v. BRYAN XAVIER JOHNSON

Date: Aug 14, 2021

Affirmation of Reasonable Suspicion Standards in Terry Searches: STATE OF NORTH CAROLINA v. BRYAN XAVIER JOHNSON (378 N.C. 236) Introduction The case of State of North Carolina v. Bryan Xavier...

Preservation of Statutory Protections Against Judicial Opinions: STATE OF NORTH CAROLINA v. JOHN FITZGERALD AUSTIN

Date: Aug 14, 2021

Preservation of Statutory Protections Against Judicial Opinions: STATE OF NORTH CAROLINA v. JOHN FITZGERD AUSTIN (378 N.C. 272) Introduction STATE OF NORTH CAROLINA v. JOHN FITZGERD AUSTIN is a...

Termination of Parental Rights Due to Criminal Neglect: A.W. v. Mother – Supreme Court of North Carolina Analysis

Date: Apr 24, 2021

Termination of Parental Rights Due to Criminal Neglect: A.W. v. Mother – Supreme Court of North Carolina Analysis Introduction The Supreme Court of North Carolina, in the case of A.W. v. Mother (No....

Supreme Court Upholds Termination of Parental Rights for Willful Lack of Progress Under N.C.G.S. §7B-1111(a)(2)

Date: Apr 24, 2021

Supreme Court Upholds Termination of Parental Rights for Willful Lack of Progress Under N.C.G.S. §7B-1111(a)(2) Introduction In the landmark case In the Matter of: T.M.L. and A.R.L. (No. 232A20, 856...

Reaffirmation of Standards for Termination of Parental Rights Based on Willful Abandonment

Date: Mar 20, 2021

Reaffirmation of Standards for Termination of Parental Rights Based on Willful Abandonment Introduction In the landmark case G.G.M., S.M. v. Respondent, decided by the Supreme Court of North Carolina...

Statute of Limitations and Nominal Damages in LLC Membership Dilution: Chisum v. Campagnas

Date: Mar 13, 2021

Statute of Limitations and Nominal Damages in LLC Membership Dilution: Chisum v. Campagnas Introduction Dennis D. Chisum, Individually and Derivatively on behalf of Judges Road Industrial Park, LLC,...

Requiring Specific Grounds in Lease Termination Notices: Raleigh Housing Authority v. Patricia Winston

Date: Mar 13, 2021

Requiring Specific Grounds in Lease Termination Notices: Raleigh Housing Authority v. Patricia Winston Introduction Raleigh Housing Authority v. Patricia Winston, 855 S.E.2d 209 (2021), is a landmark...

Guardian Ad Litem's Role in Termination of Parental Rights Proceedings: A Comprehensive Analysis of J.E.B., II

Date: Feb 6, 2021

Guardian Ad Litem's Role in Termination of Parental Rights Proceedings: A Comprehensive Analysis of J.E.B., II Introduction The Supreme Court of North Carolina's decision in J.E.B., II addresses...

Affirmation of Legislative Grant of Standing Without "Injury in Fact" Requirement in North Carolina

Date: Feb 6, 2021

Affirmation of Legislative Grant of Standing Without "Injury in Fact" Requirement in North Carolina Introduction In the Supreme Court case The Committee to Elect Dan Forest, A Political Committee v....

Judicial Disqualification and Quorum Challenges in Class-Action Litigation: Insights from Lake v. State Health Plan

Date: Jan 27, 2021

Judicial Disqualification and Quorum Challenges in Class-Action Litigation: Insights from Lake v. State Health Plan Introduction The case of Lake v. State Health Plan, adjudicated by the Supreme...

Hollars v. State: Affirming Sua Sponte Competency Assessments in Criminal Trials

Date: Dec 19, 2020

Hollars v. State: Affirming Sua Sponte Competency Assessments in Criminal Trials Introduction The case of State of North Carolina v. Jack Howard Hollars (376 N.C. 432) addresses crucial issues...

Charlotte-Mecklenburg Hospital Authority Immunity Under Chapter 75 and Anti-Monopoly Clause: A Comprehensive Analysis

Date: Dec 19, 2020

Charlotte-Mecklenburg Hospital Authority Immunity Under Chapter 75 and Anti-Monopoly Clause: A Comprehensive Analysis Introduction In the landmark case of Christopher DiCesare, James Little, and...

Defining Household Residency in Insurance Coverage: Insights from N.C. Farm Bureau Mutual v. Martin

Date: Dec 19, 2020

Defining Household Residency in Insurance Coverage: Insights from N.C. Farm Bureau Mutual v. Martin Introduction The case of NORTH CAROLINA FARM BUREAU MUTUAL INSURANCE COMPANY, INC. v. MARINA MARTIN...

Termination of Parental Rights: Insights from R.D. v. Bethany Christian Services

Date: Dec 19, 2020

Termination of Parental Rights: Insights from R.D. v. Bethany Christian Services Introduction The case of R.D. v. Bethany Christian Services, adjudicated by the Supreme Court of North Carolina on...

Application of Barker Factors in Speedy Trial Claims: STATE OF NORTH CAROLINA v. JIMMY LEE FARMER

Date: Dec 19, 2020

Application of Barker Factors in Speedy Trial Claims: STATE OF NORTH CAROLINA v. JIMMY LEE FARMER Introduction STATE OF NORTH CAROLINA v. JIMMY LEE FARMER is a pivotal case adjudicated by the Supreme...

Reversing Termination of Parental Rights in A.L.L. Case Establishes Standards on Dependency Grounds and Willful Abandonment

Date: Dec 19, 2020

Reversing Termination of Parental Rights in A.L.L. Case: Establishing Standards on Dependency Grounds and Willful Abandonment Introduction The case of A.L.L. (376 N.C. 99) adjudicated by the Supreme...

Ensuring Due Process: Right to Counsel in Termination of Parental Rights Proceedings – K.M.W. and K.L.W. v. Holly W.

Date: Dec 19, 2020

Ensuring Due Process: Right to Counsel in Termination of Parental Rights Proceedings – K.M.W. and K.L.W. v. Holly W. Introduction The case of K.M.W. and K.L.W. v. Holly W. addresses critical issues...

Expanding 'Deadly Weapon' Under the Felony-Murder Rule: Insights from State v. Steen

Date: Dec 19, 2020

Expanding 'Deadly Weapon' Under the Felony-Murder Rule: Insights from State v. Steen Introduction State of North Carolina v. Jeff David Steen, 376 N.C. 469 (2020), adjudicated by the Supreme Court of...

North Carolina Supreme Court Upholds Utility Cost Recovery for Coal Ash Remediation

Date: Dec 12, 2020

North Carolina Supreme Court Upholds Utility Cost Recovery for Coal Ash Remediation Introduction In the landmark case of State of North Carolina ex rel. Utilities Commission; Duke Energy Progress,...