North Carolina Case Commentaries

Enhanced Probable Cause Requirements for Search Warrants: Implications from State v. Robert Dwayne Lewis

Date: Aug 17, 2019

Enhanced Probable Cause Requirements for Search Warrants: Implications from State v. Robert Dwayne Lewis Introduction State of North Carolina v. Robert Dwayne Lewis (372 N.C. 576) is a landmark...

Probable Cause Standards for Impaired Driving Arrests Reinforced in State v. Parisi

Date: Aug 17, 2019

Probable Cause Standards for Impaired Driving Arrests Reinforced in State v. Parisi Introduction State of North Carolina v. Jeffrey Robert Parisi is a landmark decision by the Supreme Court of North...

Broader Interpretation of Parental Rights Termination under N.C.G.S. § 7B-1111(a)(2) in In re B.O.A.

Date: Aug 17, 2019

Broader Interpretation of Parental Rights Termination under N.C.G.S. § 7B-1111(a)(2) in In re B.O.A. Introduction The case of In the Matter of B.O.A. (No. 264PA18) decided by the Supreme Court of...

Termination of Parental Rights for Willful Abandonment: Insights from E.H.P. and K.L.P. Case

Date: Aug 17, 2019

Termination of Parental Rights for Willful Abandonment: Insights from E.H.P. and K.L.P. (372 N.C. 388) Introduction The Supreme Court of North Carolina, in the case of In the Matter of E.H.P. and...

Harmless Error Determination in Jury Room Evidence Review and Aggressor Doctrine Application: Insights from State v. Mumma

Date: May 11, 2019

Harmless Error Determination in Jury Room Evidence Review and Aggressor Doctrine Application: Insights from State of North Carolina v. Willoughby Mumma Introduction State of North Carolina v....

Affirming Trial Court’s Findings in Neglect Adjudications: The In re J.A.M. Decision

Date: Feb 1, 2019

Affirming Trial Court’s Findings in Neglect Adjudications: The In re J.A.M. Decision Introduction The Supreme Court of North Carolina's decision in In re J.A.M. (2019) serves as a pivotal affirmation...

State v. Bass: Affirmation of Stand Your Ground Doctrine and Restriction on Character Evidence in Self-Defense Cases

Date: Oct 27, 2018

State v. Bass: Affirmation of Stand Your Ground Doctrine and Restriction on Character Evidence in Self-Defense Cases Introduction In the landmark case of State of North Carolina v. Justin Deandre...

Amendment of Medical Malpractice Complaints Under Rule 9(j) and Rule 15: Insights from Vaughan v. Mashburn

Date: Aug 18, 2018

Amendment of Medical Malpractice Complaints Under Rule 9(j) and Rule 15: Insights from Vaughan v. Mashburn Introduction Vaughan v. Mashburn is a landmark decision by the Supreme Court of North...

Clarification of Juvenile Sentencing in North Carolina: No Presumption of Life Without Parole

Date: May 12, 2018

Clarification of Juvenile Sentencing in North Carolina: No Presumption of Life Without Parole Introduction State of North Carolina v. Harry Sharod James (371 N.C. 77) is a landmark case adjudicated...

Expanding Jurisdiction in Juvenile Abuse and Neglect Cases: Analysis of In the Matter of A.P.

Date: May 12, 2018

Expanding Jurisdiction in Juvenile Abuse and Neglect Cases: Analysis of In the Matter of A.P. Introduction The Supreme Court of North Carolina's decision in In the Matter of A.P., 145PA17 (2018),...

Reinforcing Stand-Your-Ground Jurisprudence: Analysis of STATE OF NORTH CAROLINA v. GYRELL SHAVONTA LEE

Date: Apr 7, 2018

Reinforcing Stand-Your-Ground Jurisprudence: Analysis of STATE OF NORTH CAROLINA v. GYRELL SHAVONTA LEE Introduction The case of STATE OF NORTH CAROLINA v. GYRELL SHAVONTA LEE (370 N.C. 671) examines...

North Carolina Supreme Court Upholds Governor's Authority: Separation of Powers in Session Law 2017-6

Date: Jan 27, 2018

North Carolina Supreme Court Upholds Governor's Authority: Separation of Powers in Session Law 2017-6 Introduction In the landmark case of Roy A. Cooper, III, Governor of North Carolina v. Philip E....

Non-Deductibility of Market Discount Income as 'Interest' under N.C.G.S. § 105-130.5(b)(1)

Date: Aug 19, 2017

Non-Deductibility of Market Discount Income as 'Interest' under N.C.G.S. § 105-130.5(b)(1) Introduction In the case of The Fidelity Bank, Petitioner v. North Carolina Department of Revenue (370 N.C....

Judicial Estoppel Reinforced: North Carolina Supreme Court Validates Doctrine to Preserve Judicial Integrity

Date: Mar 18, 2017

Judicial Estoppel Reinforced: North Carolina Supreme Court Validates Doctrine to Preserve Judicial Integrity Introduction The case of Old Republic National Title Insurance Company and United Bank &...

Establishing the Boundaries of Malicious Prosecution and Emotional Distress Claims in North Carolina: Insights from Turner v. Thomas

Date: Dec 22, 2016

Establishing the Boundaries of Malicious Prosecution and Emotional Distress Claims in North Carolina: Insights from Turner v. Thomas Introduction The landmark case of Kirk Alan Turner v. Special...

Expanding the Scope of No Contact Orders: Insights from State v. Barnett

Date: Dec 22, 2016

Expanding the Scope of No Contact Orders: Insights from State v. Barnett Introduction The case of State of North Carolina v. James Anthony Barnett, Jr. (369 N.C. 298) serves as a pivotal moment in...

Applying the Modified Categorical Approach in Sex Offender Classification: State v. Moir

Date: Dec 22, 2016

Applying the Modified Categorical Approach in Sex Offender Classification: State of North Carolina v. James Kevin Moir Introduction The case of State of North Carolina v. James Kevin Moir (369 N.C....

North Carolina Supreme Court Affirms Termination of Parental Rights Under Neglect and Failure to Remedy Removal Conditions

Date: Jun 11, 2016

North Carolina Supreme Court Affirms Termination of Parental Rights Under Neglect and Failure to Remedy Removal Conditions Introduction The case In the Matter of: D.L.W., D.L.N.W., and V.A.W. (Record...

North Carolina Supreme Court Establishes Precedent on Property Takings Under the Map Act

Date: Jun 11, 2016

North Carolina Supreme Court Establishes Precedent on Property Takings Under the Map Act Introduction The case of Kirby v. North Carolina Department of Transportation (NCDOT) addresses the...

North Carolina Adopts Daubert Standard for Expert Testimony: State v. McGrady

Date: Jun 11, 2016

North Carolina Adopts Daubert Standard for Expert Testimony: State of North Carolina v. Charles Anthony McGrady Introduction In State of North Carolina v. Charles Anthony McGrady (368 N.C. 880,...