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  • Commentaries
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North Carolina Case Commentaries

Limitation of Unfair and Deceptive Trade Practices to External Commerce: Insights from White and Ellis v. Thompson

Limitation of Unfair and Deceptive Trade Practices to External Commerce: Insights from White and Ellis v. Thompson

Date: Apr 16, 2010
Limitation of Unfair and Deceptive Trade Practices to External Commerce: Insights from White and Ellis v. Thompson Introduction The case of Charles M. White and Earl Ellis, individually and formerly...
Limitation of Insurance Coverage under 'Failure to Conform' Clause in False Advertising Litigation

Limitation of Insurance Coverage under 'Failure to Conform' Clause in False Advertising Litigation

Date: Apr 16, 2010
Limitation of Insurance Coverage under 'Failure to Conform' Clause in False Advertising Litigation Introduction The case of Harleysville Mutual Insurance Company v. Buzz Off Insect Shield, L.L.C....
Necessity of Jury Instructions on Self-Defense and Defense of Family in Voluntary Manslaughter Cases: The Moore Decision

Necessity of Jury Instructions on Self-Defense and Defense of Family in Voluntary Manslaughter Cases: The Moore Decision

Date: Jan 30, 2010
Necessity of Jury Instructions on Self-Defense and Defense of Family in Voluntary Manslaughter Cases: The Moore Decision Introduction In the landmark case of STATE OF NORTH CAROLINA v. JOSHUA CARLEN...
Affirmation of Due Process and Evidentiary Standards in Capital Murder Case: State v. Wilkerson

Affirmation of Due Process and Evidentiary Standards in Capital Murder Case: State v. Wilkerson

Date: Aug 2, 2009
Affirmation of Due Process and Evidentiary Standards in Capital Murder Case: State v. Wilkerson Introduction In the landmark case of State of North Carolina v. George Thomas Wilkerson, adjudicated by...
Admissibility of Prior Acts in First-Degree Murder Prosecutions: Insights from STATE OF NORTH CAROLINA v. DANE LOCKLEAR, JR.

Admissibility of Prior Acts in First-Degree Murder Prosecutions: Insights from STATE OF NORTH CAROLINA v. DANE LOCKLEAR, JR.

Date: Aug 2, 2009
Admissibility of Prior Acts in First-Degree Murder Prosecutions: Insights from STATE OF NORTH CAROLINA v. DANE LOCKLEAR, JR. Introduction The landmark case STATE OF NORTH CAROLINA v. DANE LOCKLEAR,...
Collateral Estoppel in Trust Termination: Turner v. The Hammocks Beach Corporation

Collateral Estoppel in Trust Termination: Turner v. The Hammocks Beach Corporation

Date: Aug 2, 2009
Collateral Estoppel in Trust Termination: Turner v. The Hammocks Beach Corporation Introduction The case of Turner v. The Hammocks Beach Corporation revolves around the termination of a trust...
Intermediate Scrutiny Applied to Judicial Election Districting under North Carolina's Equal Protection Clause

Intermediate Scrutiny Applied to Judicial Election Districting under North Carolina's Equal Protection Clause

Date: Aug 2, 2009
Intermediate Scrutiny Applied to Judicial Election Districting under North Carolina's Equal Protection Clause Introduction In the landmark case BlankenShip, DimMocK, and Johnson v. Bartlett et al.,...
Unconstitutional Application of N.C.G.S. § 14-415.1 in BARNEY BRITT v. STATE OF NORTH CAROLINA

Unconstitutional Application of N.C.G.S. § 14-415.1 in BARNEY BRITT v. STATE OF NORTH CAROLINA

Date: Aug 2, 2009
Unconstitutional Application of N.C.G.S. § 14-415.1 in BARNEY BRITT v. STATE OF NORTH CAROLINA Introduction BARNEY BRITT v. STATE OF NORTH CAROLINA is a landmark case adjudicated by the Supreme Court...
North Carolina v. Craig: Extending Direct State Constitutional Claims Beyond Governmental Immunity

North Carolina v. Craig: Extending Direct State Constitutional Claims Beyond Governmental Immunity

Date: Jun 2, 2009
North Carolina v. Craig: Extending Direct State Constitutional Claims Beyond Governmental Immunity Introduction In the landmark case of Jon-Paul Craig v. New Hanover County Board of Education,...
Clarification of "Address" in Sex Offender Registration: State v. Patricia Dawn Abshire

Clarification of "Address" in Sex Offender Registration: State v. Patricia Dawn Abshire

Date: Jun 2, 2009
Clarification of "Address" in Sex Offender Registration: State v. Patricia Dawn Abshire 1. Introduction State of North Carolina v. Patricia Dawn Abshire is a pivotal case adjudicated by the Supreme...
Affirmation of Statutory Authority Over Professional Regulatory Bodies: North Carolina Department of Correction v. Medical Board

Affirmation of Statutory Authority Over Professional Regulatory Bodies: North Carolina Department of Correction v. Medical Board

Date: May 2, 2009
Affirmation of Statutory Authority Over Professional Regulatory Bodies: North Carolina Department of Correction v. Medical Board Introduction The case of NORTH CAROLINA DEPARTMENT OF CORRECTION;...
Reaffirmation of Jury Deliberation Procedures and Discretion in Substitution of Counsel: State v. Osorio

Reaffirmation of Jury Deliberation Procedures and Discretion in Substitution of Counsel: State v. Osorio

Date: Apr 22, 2009
Reaffirmation of Jury Deliberation Procedures and Discretion in Substitution of Counsel: State v. Osorio Introduction State of North Carolina v. Argenis Alvarez Osorio, 675 S.E.2d 144 (N.C. Ct. App....
Constructive Possession and Proximity: Insights from STATE OF NORTH CAROLINA v. ANDRE LEVERN MILLER

Constructive Possession and Proximity: Insights from STATE OF NORTH CAROLINA v. ANDRE LEVERN MILLER

Date: Mar 2, 2009
Constructive Possession and Proximity: Insights from STATE OF NORTH CAROLINA v. ANDRE LEVERN MILLER Introduction STATE OF NORTH CAROLINA v. ANDRE LEVERN MILLER (678 S.E.2d 592) is a pivotal case...
STATE v. WILLIAMS: Upholding Fair Trial Rights Through Dismissal Upon Evidence Destruction

STATE v. WILLIAMS: Upholding Fair Trial Rights Through Dismissal Upon Evidence Destruction

Date: Dec 13, 2008
STATE v. WILLIAMS: Upholding Fair Trial Rights Through Dismissal Upon Evidence Destruction Introduction In the landmark case of State of North Carolina v. Theodore Jerry Williams, the Supreme Court...
Actual Employer Knowledge Suffices to Satisfy Notice Requirements under N.C.G.S. § 97-22: RICHARDSON v. MAXIM Healthcare/Allegis Group

Actual Employer Knowledge Suffices to Satisfy Notice Requirements under N.C.G.S. § 97-22: RICHARDSON v. MAXIM Healthcare/Allegis Group

Date: Dec 13, 2008
Actual Employer Knowledge Suffices to Satisfy Notice Requirements under N.C.G.S. § 97-22: RICHARDSON v. MAXIM Healthcare/Allegis Group Introduction RICHARDSON v. MAXIM Healthcare/Allegis Group is a...
State v. Taylor: Upholding Due Process and Proportionality in Capital Sentencing

State v. Taylor: Upholding Due Process and Proportionality in Capital Sentencing

Date: Dec 13, 2008
State v. Taylor: Upholding Due Process and Proportionality in Capital Sentencing Introduction State of North Carolina v. Eddie Lamar Taylor ([669 S.E.2d 239](#)), adjudicated by the Supreme Court of...
Undue Influence in Spousal Will Contests: Supreme Court of North Carolina Reverses Summary Judgment in In re Will of Jones

Undue Influence in Spousal Will Contests: Supreme Court of North Carolina Reverses Summary Judgment in In re Will of Jones

Date: Dec 13, 2008
Undue Influence in Spousal Will Contests: Supreme Court of North Carolina Reverses Summary Judgment in In re Will of Jones Introduction The case of In the Matter of the Will of John A. Jones, Jr....
Mandamus as the Appropriate Remedy for Statutory Deadline Violations in Child Welfare Cases: Insights from In the Matter of T.H.T.

Mandamus as the Appropriate Remedy for Statutory Deadline Violations in Child Welfare Cases: Insights from In the Matter of T.H.T.

Date: Aug 28, 2008
Mandamus as the Appropriate Remedy for Statutory Deadline Violations in Child Welfare Cases: Insights from In the Matter of T.H.T. Introduction In the Matter of T.H.T. (No. 469A07), adjudicated by...
Reasonable Suspicion Remains the Standard for All Traffic Stops: Insights from STATE v. STYLES

Reasonable Suspicion Remains the Standard for All Traffic Stops: Insights from STATE v. STYLES

Date: Aug 28, 2008
Reasonable Suspicion Remains the Standard for All Traffic Stops: Insights from STATE v. STYLES Introduction State of North Carolina v. Christopher Don Styles, 665 S.E.2d 438 (2008), adjudicated by...
Revisiting Appellate Procedure Defaults: Insights from Dogwood Development v. White Oak Transport

Revisiting Appellate Procedure Defaults: Insights from Dogwood Development v. White Oak Transport

Date: Mar 8, 2008
Revisiting Appellate Procedure Defaults: Insights from Dogwood Development v. White Oak Transport Introduction The case of Dogwood Development and Management Company, LLC v. White Oak Transport...
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