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  • Commentaries
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North Carolina Case Commentaries

North Carolina Supreme Court Clarifies Application of Mitigating Circumstances in Capital Cases: State v. Hurst

North Carolina Supreme Court Clarifies Application of Mitigating Circumstances in Capital Cases: State v. Hurst

Date: Jan 28, 2006
North Carolina Supreme Court Clarifies Application of Mitigating Circumstances in Capital Cases: State v. Hurst Introduction State of North Carolina v. Jason Wayne Hurst is a significant case decided...
No Presumption of Continuing Disability Upon Employer's Admission of Compensability: Insights from CLARK v. WAL-MART

No Presumption of Continuing Disability Upon Employer's Admission of Compensability: Insights from CLARK v. WAL-MART

Date: Oct 8, 2005
No Presumption of Continuing Disability Upon Employer's Admission of Compensability: Insights from CLARK v. WAL-MART Introduction The landmark case of Sandra J. CLARK v. WAL-MART, Inc., adjudicated...
State of North Carolina v. Campbell: Upholding Fourth Amendment Seizure Standards and Capital Sentencing Procedures

State of North Carolina v. Campbell: Upholding Fourth Amendment Seizure Standards and Capital Sentencing Procedures

Date: Aug 2, 2005
State of North Carolina v. Campbell: Upholding Fourth Amendment Seizure Standards and Capital Sentencing Procedures Introduction State of North Carolina v. Terrance Durrell Campbell is a landmark...
Constructive Possession in Controlled Substances: STATE v. McNEIL (359 N.C. 800)

Constructive Possession in Controlled Substances: STATE v. McNEIL (359 N.C. 800)

Date: Aug 2, 2005
Constructive Possession in Controlled Substances: State of North Carolina v. Franklin Lee McNeil (359 N.C. 800) Introduction In the landmark case of State of North Carolina v. Franklin Lee McNeil,...
Establishing Prior Record Levels in Sentencing: Insights from STATE OF NORTH CAROLINA v. JAMES DONNELL ALEXANDER

Establishing Prior Record Levels in Sentencing: Insights from STATE OF NORTH CAROLINA v. JAMES DONNELL ALEXANDER

Date: Aug 2, 2005
Establishing Prior Record Levels in Sentencing: Insights from STATE OF NORTH CAROLINA v. JAMES DONNELL ALEXANDER Introduction STATE OF NORTH CAROLINA v. JAMES DONNELL ALEXANDER, 359 N.C. 824, decided...
Interpretation of "Same Item of Evidence" in N.C.G.S. § 15A-1340.16(d): Insights from STATE v. BECK

Interpretation of "Same Item of Evidence" in N.C.G.S. § 15A-1340.16(d): Insights from STATE v. BECK

Date: Jul 2, 2005
Interpretation of "Same Item of Evidence" in N.C.G.S. § 15A-1340.16(d): Insights from STATE v. BECK Introduction State of North Carolina v. Melvin Wayne Beck, 359 N.C. 611 (2005), is a pivotal case...
STATE v. ALLEN: North Carolina's Structured Sentencing Under Scrutiny Post-Blakely

STATE v. ALLEN: North Carolina's Structured Sentencing Under Scrutiny Post-Blakely

Date: Jul 2, 2005
STATE v. ALLEN: North Carolina's Structured Sentencing Under Scrutiny Post-Blakely Introduction In State of North Carolina v. Levar Jamel Allen (359 N.C. 425, 2005), the Supreme Court of North...
Clarifying Standards for Child Neglect and Dependency under N.C.G.S. § 7B-101: Insights from In re P.M.

Clarifying Standards for Child Neglect and Dependency under N.C.G.S. § 7B-101: Insights from In re P.M.

Date: Apr 2, 2005
Clarifying Standards for Child Neglect and Dependency under N.C.G.S. § 7B-101: Insights from In re P.M. Introduction The case of In re P.M. (169 N.C. App. 423) adjudicated by the North Carolina Court...
Reaffirming the Integrity of Jury Selection and Sentencing Procedures in State v. Thompson

Reaffirming the Integrity of Jury Selection and Sentencing Procedures in State v. Thompson

Date: Dec 2, 2004
Reaffirming the Integrity of Jury Selection and Sentencing Procedures in State of North Carolina v. John Henry Thompson Introduction State of North Carolina v. John Henry Thompson (359 N.C. 77) is a...
Affirmation of Trial Court Discretion and Evidentiary Admissibility in Capital Murder Proceedings: State of North Carolina v. James Lewis Morgan

Affirmation of Trial Court Discretion and Evidentiary Admissibility in Capital Murder Proceedings: State of North Carolina v. James Lewis Morgan

Date: Dec 2, 2004
Affirmation of Trial Court Discretion and Evidentiary Admissibility in Capital Murder Proceedings: State of North Carolina v. James Lewis Morgan Introduction In State of North Carolina v. James Lewis...
State of North Carolina v. Bryan Christopher Bell: Upholding Judicial Discretion in Death Penalty Sentencing and Jury Selection Procedures

State of North Carolina v. Bryan Christopher Bell: Upholding Judicial Discretion in Death Penalty Sentencing and Jury Selection Procedures

Date: Oct 2, 2004
State of North Carolina v. Bryan Christopher Bell: Upholding Judicial Discretion in Death Penalty Sentencing and Jury Selection Procedures Introduction In the landmark case of State of North Carolina...
Upholding 'Just Cause' and Agency Deference in Public Employee Discipline: North Carolina Dept. of Environment v. Carroll

Upholding 'Just Cause' and Agency Deference in Public Employee Discipline: North Carolina Dept. of Environment v. Carroll

Date: Aug 2, 2004
Upholding 'Just Cause' and Agency Deference in Public Employee Discipline: NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES v. L. Clifton Carroll Supreme Court of North Carolina |...
Time-Barred Arbitration Claims in Underinsured Motorist Coverage: REGISTER v. WHITE

Time-Barred Arbitration Claims in Underinsured Motorist Coverage: REGISTER v. WHITE

Date: Aug 2, 2004
Time-Barred Arbitration Claims in Underinsured Motorist Coverage: REGISTER v. WHITE Introduction REGISTER v. WHITE, 358 N.C. 691 (2004), is a landmark case in North Carolina's jurisprudence...
Adoption of the Seagraves Test for Constructive Refusal in Workers' Compensation: McRAE v. TOASTMASTER, INC.

Adoption of the Seagraves Test for Constructive Refusal in Workers' Compensation: McRAE v. TOASTMASTER, INC.

Date: Jun 2, 2004
Adoption of the Seagraves Test for Constructive Refusal in Workers' Compensation: McRAE v. TOASTMASTER, INC. Introduction McRAE v. TOASTMASTER, INC. (358 N.C. 488) is a pivotal case adjudicated by...
North Carolina Supreme Court Rejects Daubert Adoption, Reinforcing Independent Standards for Expert Testimony in Products Liability Cases

North Carolina Supreme Court Rejects Daubert Adoption, Reinforcing Independent Standards for Expert Testimony in Products Liability Cases

Date: Jun 2, 2004
North Carolina Supreme Court Rejects Daubert Adoption, Reinforcing Independent Standards for Expert Testimony in Products Liability Cases Introduction In the landmark case of W. Bruce Howerton, Jr.,...
Affirmation of Death Sentence under Felony Murder Rule in State of North Carolina v. Garcia

Affirmation of Death Sentence under Felony Murder Rule in State of North Carolina v. Garcia

Date: Jun 2, 2004
Affirmation of Death Sentence under Felony Murder Rule in State of North Carolina v. Garcia Introduction State of North Carolina v. Fernando Louis Garcia, III is a landmark decision by the Supreme...
North Carolina Supreme Court Establishes Possession of Cocaine as a Felony under N.C.G.S. §90-95(d)(2)

North Carolina Supreme Court Establishes Possession of Cocaine as a Felony under N.C.G.S. §90-95(d)(2)

Date: Jun 2, 2004
North Carolina Supreme Court Establishes Possession of Cocaine as a Felony under N.C.G.S. §90-95(d)(2) Introduction In the landmark case of State of North Carolina v. Norman Wayne Jones, the Supreme...
Interpretation of Annexation Standards in CAROLINA POWER LIGHT CO. v. CITY OF ASHEVILLE

Interpretation of Annexation Standards in CAROLINA POWER LIGHT CO. v. CITY OF ASHEVILLE

Date: Jun 2, 2004
Interpretation of Annexation Standards in CAROLINA POWER LIGHT CO. v. CITY OF ASHEVILLE Introduction The case of Carolina Power Light Company v. The City of Asheville (358 N.C. 512) was adjudicated...
Short-Form Indictment Sufficiency in Capital Murder Cases: Comment on STATE OF NORTH CAROLINA v. CHARLES WESLEY ROACHE

Short-Form Indictment Sufficiency in Capital Murder Cases: Comment on STATE OF NORTH CAROLINA v. CHARLES WESLEY ROACHE

Date: May 2, 2004
Short-Form Indictment Sufficiency in Capital Murder Cases: Comment on STATE OF NORTH CAROLINA v. CHARLES WESLEY ROACHE Introduction STATE OF NORTH CAROLINA v. CHARLES WESLEY ROACHE is a landmark...
North Carolina Upholds Statutory Limitation on Punitive Damages: RHYNE v. K-MART CORPoration

North Carolina Upholds Statutory Limitation on Punitive Damages: RHYNE v. K-MART CORPoration

Date: Apr 2, 2004
North Carolina Upholds Statutory Limitation on Punitive Damages: RHYNE v. K-MART CORPoration Introduction In RHYNE v. K-MART CORPoration (358 N.C. 160, 2004), the Supreme Court of North Carolina...
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