North Carolina Case Commentaries

Expanding the Scope of Failure to Register: Out-of-State Address Changes under N.C.G.S. § 14–208.9(a)

Date: Mar 19, 2016

Expanding the Scope of Failure to Register: Out-of-State Address Changes under N.C.G.S. § 14–208.9(a) Introduction STATE of North Carolina v. Darrett Crockett, 368 N.C. 717 (2016), adjudicated by the...

Discretionary Authority in Employment Discipline: Insights from Wetherington v. N.C. Department of Public Safety

Date: Dec 19, 2015

Discretionary Authority in Employment Discipline: Insights from Wetherington v. N.C. Department of Public Safety Introduction The case of Thomas C. Wetherington v. North Carolina Department of Public...

Mandatory Transmission of Zoning Appeals: A New Precedent Established in Morningstar Marinas v. Warren County

Date: Nov 7, 2015

Mandatory Transmission of Zoning Appeals: A New Precedent Established in Morningstar Marinas v. Warren County Introduction Morningstar Marinas/Eaton Ferry, LLC v. Warren County is a landmark case...

Guarantors’ Right to Anti-Deficiency Defense Affirmed in High Point Bank v. Highmark Properties

Date: Sep 26, 2015

Guarantors’ Right to Anti-Deficiency Defense Affirmed in High Point Bank v. Highmark Properties Introduction The Supreme Court of North Carolina, in the landmark case of High Point Bank and Trust...

North Carolina Supreme Court Affirms Constitutionality of Opportunity Scholarship Program

Date: Jul 24, 2015

North Carolina Supreme Court Affirms Constitutionality of Opportunity Scholarship Program Introduction This commentary examines the landmark decision of the Supreme Court of North Carolina issued on...

Supreme Court of North Carolina Ruling on Chapter 122 Superseding Groundwater Protection Rules for Coal Ash Lagoons

Date: Jun 12, 2015

Supreme Court of North Carolina Ruling on Chapter 122 Superseding Groundwater Protection Rules for Coal Ash Lagoons Introduction The case of CAPE FEAR RIVER WATCH, Sierra Club, Waterkeeper Alliance,...

Vested Rights and Unity of Ownership in Eminent Domain: Insights from Town of Midland v. Wayne

Date: Jun 12, 2015

Vested Rights and Unity of Ownership in Eminent Domain: Insights from TOWN OF MIDLAND v. Darryl Keith Wayne Introduction The case of TOWN OF MIDLAND v. Darryl Keith Wayne, Trustee addresses...

Supreme Court Affirms Trial Court's Discretion on Competency Inquiry in Parental Rights Termination - In re T.L.H.

Date: Jun 12, 2015

Supreme Court Affirms Trial Court's Discretion on Competency Inquiry in Parental Rights Termination - In re T.L.H. Introduction The case of In the Matter of T.L.H. (772 S.E.2d 451) adjudicated by the...

Admissibility of Pertinent Character Traits and Jury Instruction Terminology in Criminal Trials: State v. Walston

Date: Dec 20, 2014

Admissibility of Pertinent Character Traits and Jury Instruction Terminology in Criminal Trials: State of North Carolina v. Robert Timothy Walston, Sr. Introduction The case of State of North...

North Carolina Supreme Court Affirms Utilities Commission's ROE Determination

Date: Aug 21, 2014

North Carolina Supreme Court Affirms Utilities Commission's ROE Determination Introduction The case of STATE of North Carolina ex rel. UTILITIES COMMISSION; Duke Energy Progress, Inc., Applicant; and...

Appellate Review of Cease Reunification Orders Under N.C.G.S. §7B–507(b): Integration with Termination of Parental Rights

Date: Dec 21, 2013

Appellate Review of Cease Reunification Orders Under N.C.G.S. §7B–507(b): Integration with Termination of Parental Rights Introduction The Supreme Court of North Carolina, in In the Matter of L.M.T.,...

Reaffirming the Corpus Delicti Rule in Felon Firearm Possession: State v. Cox

Date: Nov 9, 2013

Reaffirming the Corpus Delicti Rule in Felon Firearm Possession: State v. Cox Introduction State of North Carolina v. Ronald Princegerald Cox is a pivotal 2013 decision by the Supreme Court of North...

North Carolina Supreme Court Establishes Reliance Requirement for Misrepresentation Claims under N.C.G.S. §75–1.1

Date: Aug 29, 2013

North Carolina Supreme Court Establishes Reliance Requirement for Misrepresentation Claims under N.C.G.S. §75–1.1 Introduction In the landmark case of Tra v. s T. Bumpers and Troy Elliott, on behalf...

Aggravating Factors in Plea Agreements: Insights from STATE v. Khan

Date: Mar 9, 2013

Aggravating Factors in Plea Agreements: Insights from STATE of North Carolina v. Aadil Shahid Khan Introduction The case of STATE of North Carolina v. Aadil Shahid Khan, 738 S.E.2d 167 (N.C. 2013),...

Preservation of Attorney-Client Privilege in Redistricting: Analysis of N.C. Supreme Court Decision in Margaret Dickson et al. v. Rucho et al.

Date: Jan 26, 2013

Preservation of Attorney-Client Privilege in Redistricting: Analysis of N.C. Supreme Court Decision in Margaret Dickson et al. v. Rucho et al. Introduction The North Carolina Supreme Court case...

Supreme Court Upholds Legislative Control Over County Zoning: Invalidating Cabarrus County's Adequate Public Facilities Ordinance

Date: Aug 25, 2012

Supreme Court Upholds Legislative Control Over County Zoning: Invalidating Cabarrus County's Adequate Public Facilities Ordinance Introduction In the landmark case of Lanvale Properties, LLC and...

Constructive Possession in Drug and Firearm Cases: Insights from STATE v. Bradshaw

Date: Jun 15, 2012

Constructive Possession in Drug and Firearm Cases: Insights from STATE v. Bradshaw Introduction STATE of North Carolina v. Samario Antwain Bradshaw (728 S.E.2d 345), adjudicated on June 14, 2012, by...

Expert Witness Qualification in Medical Malpractice: Moore v. Proper Establishes New Standards

Date: Jun 15, 2012

Expert Witness Qualification in Medical Malpractice: Moore v. Proper Establishes New Standards Introduction In the landmark case of Janet E. Moore v. Daniel H. Proper, adjudicated by the Supreme...

Admissibility of Prior Acts under Rule 404(b): Insights from State of North Carolina v. Beckelheimer

Date: Jun 15, 2012

Admissibility of Prior Acts under Rule 404(b): Insights from State of North Carolina v. Beckelheimer Introduction The case of State of North Carolina v. Matthew Lee Beckelheimer, adjudicated by the...

Clarification of Plain Error Standard in State v. Lawrence

Date: Apr 14, 2012

Clarification of Plain Error Standard in State v. Lawrence Introduction State of North Carolina v. David Ordis Lawrence (723 S.E.2d 326) is a landmark decision by the Supreme Court of North Carolina,...