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  • Commentaries
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North Carolina Case Commentaries

No Double Jeopardy From Post‑Release Revocation: Subsequent Prosecution for Sex‑Offender Registration Violations Permitted (STATE v. SPARKS)

No Double Jeopardy From Post‑Release Revocation: Subsequent Prosecution for Sex‑Offender Registration Violations Permitted (STATE v. SPARKS)

Date: Mar 8, 2008
STATE v. SPARKS, 657 S.E.2d 655 (N.C. 2008), holding that revocation of post-release supervision is not a criminal prosecution and does not bar a later criminal prosecution for related conduct under...
Beneficiary Standing in Unfair and Deceptive Trade Practices: Walker and Staten v. Fleetwood Homes of North Carolina, Inc.

Beneficiary Standing in Unfair and Deceptive Trade Practices: Walker and Staten v. Fleetwood Homes of North Carolina, Inc.

Date: Dec 8, 2007
Beneficiary Standing in Unfair and Deceptive Trade Practices: Walker and Staten v. Fleetwood Homes of North Carolina, Inc. Introduction The case of Ray Walker and Betty Staten v. Fleetwood Homes of...
Affirmation of Trial Court Discretion in Jury Selection and Death Sentence Proportionality in N.C. Supreme Court's Goss Ruling

Affirmation of Trial Court Discretion in Jury Selection and Death Sentence Proportionality in N.C. Supreme Court's Goss Ruling

Date: Nov 10, 2007
Affirmation of Trial Court Discretion in Jury Selection and Death Sentence Proportionality in N.C. Supreme Court's Goss Ruling Introduction STATE OF NORTH CAROLINA v. CHRISTOPHER EDWARD GOSS is a...
State of North Carolina v. Michael Iver Peterson: Harmless Error in Evidence Admission and Its Implications

State of North Carolina v. Michael Iver Peterson: Harmless Error in Evidence Admission and Its Implications

Date: Nov 10, 2007
State of North Carolina v. Michael Iver Peterson: Harmless Error in Evidence Admission and Its Implications Introduction In the landmark case of State of North Carolina v. Michael Iver Peterson, the...
Recognition of Non-Traditional Deadly Weapons: 'Hands and Water' in Assault on Government Officials

Recognition of Non-Traditional Deadly Weapons: 'Hands and Water' in Assault on Government Officials

Date: Sep 2, 2007
Recognition of Non-Traditional Deadly Weapons: 'Hands and Water' in Assault on Government Officials Introduction State of North Carolina v. Jerry Dale Smith is a landmark case adjudicated by the...
Revisiting Fiduciary Duty and Fraud in Estate Management: Insights from Forbis v. Neal

Revisiting Fiduciary Duty and Fraud in Estate Management: Insights from Forbis v. Neal

Date: Aug 25, 2007
Revisiting Fiduciary Duty and Fraud in Estate Management: Insights from Forbis v. Neal Introduction The case of Lamarr Garland Forbis forbis, Co-Executor of the Estate of Bonnie S. Newell; and Lamarr...
Pender County Redistricting Decision: Establishing a Numerical Majority Requirement under the Voting Rights Act

Pender County Redistricting Decision: Establishing a Numerical Majority Requirement under the Voting Rights Act

Date: Aug 25, 2007
Pender County Redistricting Decision: Establishing a Numerical Majority Requirement under the Voting Rights Act Introduction The case of Pender County et al. v. Gary Bartlett et al. addressed...
Admissibility of Similar Prior Crimes and Proportionality in Death Sentencing: Insights from STATE OF NORTH CAROLINA v. JOHN SCOTT BADGETT

Admissibility of Similar Prior Crimes and Proportionality in Death Sentencing: Insights from STATE OF NORTH CAROLINA v. JOHN SCOTT BADGETT

Date: May 5, 2007
Admissibility of Similar Prior Crimes and Proportionality in Death Sentencing: Insights from STATE OF NORTH CAROLINA v. JOHN SCOTT BADGETT Introduction STATE OF NORTH CAROLINA v. JOHN SCOTT BADGETT...
Supreme Court of North Carolina Establishes Precedent on Judicial Non-Interference in Internal Church Governance

Supreme Court of North Carolina Establishes Precedent on Judicial Non-Interference in Internal Church Governance

Date: May 5, 2007
Supreme Court of North Carolina Establishes Precedent on Judicial Non-Interference in Internal Church Governance Introduction Gary Harris, Joseph B. Kinard, John S. Eagle, Waymon Tate, Jr., Rayford...
Clarifying Appellate Procedure: State of North Carolina v. Elgin Orlandas Hart

Clarifying Appellate Procedure: State of North Carolina v. Elgin Orlandas Hart

Date: May 5, 2007
Clarifying Appellate Procedure: State of North Carolina v. Elgin Orlandas Hart Introduction In the landmark case State of North Carolina v. Elgin Orlandas Hart, the Supreme Court of North Carolina...
C.M. v. Harnett County: Clarifying Standards for Child Neglect Adjudication and Parental Rights Termination

C.M. v. Harnett County: Clarifying Standards for Child Neglect Adjudication and Parental Rights Termination

Date: May 2, 2007
C.M. v. Harnett County: Clarifying Standards for Child Neglect Adjudication and Parental Rights Termination Introduction C.M. v. Harnett County Department of Social Services (644 S.E.2d 588) is a...
North Carolina Supreme Court Limits Personal Jurisdiction Over Nonresident Mortgage Trusts

North Carolina Supreme Court Limits Personal Jurisdiction Over Nonresident Mortgage Trusts

Date: Dec 21, 2006
North Carolina Supreme Court Limits Personal Jurisdiction Over Nonresident Mortgage Trusts Introduction In SKINNER v. PREFERRED CREDIT et al., decided by the Supreme Court of North Carolina on...
Clarifying Blakely Errors: Comprehensive Analysis of STATE v. BLACKWELL

Clarifying Blakely Errors: Comprehensive Analysis of STATE v. BLACKWELL

Date: Dec 16, 2006
Clarifying Blakely Errors: Comprehensive Analysis of State of North Carolina v. Timothy Earl Blackwell Introduction State of North Carolina v. Timothy Earl Blackwell (638 S.E.2d 452) is a pivotal...
Exclusion of Lost Business Profits in Eminent Domain: Department of Transportation v. M.M. Fowler, Inc.

Exclusion of Lost Business Profits in Eminent Domain: Department of Transportation v. M.M. Fowler, Inc.

Date: Dec 16, 2006
Exclusion of Lost Business Profits in Eminent Domain: Department of Transportation v. M.M. Fowler, Inc. Introduction Department of Transportation v. M.M. Fowler, Inc., 637 S.E.2d 885 (N.C. 2006), is...
Jurisdictional Implications of Verification Requirements in Juvenile Petitions: An Analysis of IN THE MATTER OF T.R.P. (636 S.E.2d 787)

Jurisdictional Implications of Verification Requirements in Juvenile Petitions: An Analysis of IN THE MATTER OF T.R.P. (636 S.E.2d 787)

Date: Nov 18, 2006
Jurisdictional Implications of Verification Requirements in Juvenile Petitions: An Analysis of IN THE MATTER OF T.R.P. (636 S.E.2d 787) Introduction The Supreme Court of North Carolina addressed a...
Timely Appeals and Marital Property Classification in Equitable Distribution: Insights from DAVIS v. DAVIS

Timely Appeals and Marital Property Classification in Equitable Distribution: Insights from DAVIS v. DAVIS

Date: Jul 1, 2006
Timely Appeals and Marital Property Classification in Equitable Distribution: Insights from DAVIS v. DAVIS Introduction DAVIS v. DAVIS, 631 S.E.2d 114 (N.C. 2006), adjudicated by the Supreme Court of...
Affirmation of Trial Court's Discretion in Jury Selection and Capital Sentencing in STATE OF NORTH CAROLINA v. TERRENCE RODRICUS ELLIOTT

Affirmation of Trial Court's Discretion in Jury Selection and Capital Sentencing in STATE OF NORTH CAROLINA v. TERRENCE RODRICUS ELLIOTT

Date: May 6, 2006
Affirmation of Trial Court's Discretion in Jury Selection and Capital Sentencing in STATE OF NORTH CAROLINA v. TERRENCE RODRICUS ELLIOTT Introduction Case: STATE OF NORTH CAROLINA v. TERRENCE...
Unanimous Conviction Standards in Indecent Liberties and Statutory Rape: Insights from STATE v. LAWRENCE

Unanimous Conviction Standards in Indecent Liberties and Statutory Rape: Insights from STATE v. LAWRENCE

Date: Apr 8, 2006
Unanimous Conviction Standards in Indecent Liberties and Statutory Rape: Insights from STATE v. LAWRENCE Introduction State of North Carolina v. Markeith Rodgers Lawrence, 627 S.E.2d 609 (N.C. 2006),...
Limitations on Negligence Per Se and Special Relationships in Common Law: Stein v. Asheville City Board of Education

Limitations on Negligence Per Se and Special Relationships in Common Law: Stein v. Asheville City Board of Education

Date: Mar 4, 2006
Limitations on Negligence Per Se and Special Relationships in Common Law: Stein v. Asheville City Board of Education Introduction Stein v. Asheville City Board of Education et al., 626 S.E.2d 263...
Affirmation of Death Sentence in State v. Scott David Allen: Upholding Fair Trial Standards and Use of Accomplice Testimony

Affirmation of Death Sentence in State v. Scott David Allen: Upholding Fair Trial Standards and Use of Accomplice Testimony

Date: Mar 4, 2006
Affirmation of Death Sentence in State v. Scott David Allen: Upholding Fair Trial Standards and Use of Accomplice Testimony Introduction State of North Carolina v. Scott David Allen, 626 S.E.2d 271...
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