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  • Commentaries
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North Carolina Case Commentaries

North Carolina Recognizes Judicial Estoppel: Implications from Whitacre Partnership v. Biosignia

North Carolina Recognizes Judicial Estoppel: Implications from Whitacre Partnership v. Biosignia

Date: Feb 2, 2004
North Carolina Recognizes Judicial Estoppel: Implications from Whitacre Partnership v. Biosignia Introduction The case of Whitacre Partnership, an Illinois Limited Partnership v. Biosignia, Inc....
Maske v. State: Reaffirming Standards for Sentencing Instructions in Capital Cases

Maske v. State: Reaffirming Standards for Sentencing Instructions in Capital Cases

Date: Feb 2, 2004
Maske v. State: Reaffirming Standards for Sentencing Instructions in Capital Cases Introduction In the landmark case of State of North Carolina v. Michael Eric Maske, 358 N.C. 40, the Supreme Court...
Comprehensive Commentary on Shepard v. North Carolina Court of Appeals (162 N.C. App. 215)

Comprehensive Commentary on Shepard v. North Carolina Court of Appeals (162 N.C. App. 215)

Date: Jan 2, 2004
Termination of Parental Rights in Shepard v. North Carolina Court of Appeals (162 N.C. App. 215) Introduction Shepard v. North Carolina Court of Appeals is a pivotal case adjudicated on January 20,...
Strict Enforcement of Expert Witness Designation Deadlines: Insights from SUMMEY v. BARKER

Strict Enforcement of Expert Witness Designation Deadlines: Insights from SUMMEY v. BARKER

Date: Oct 2, 2003
Strict Enforcement of Expert Witness Designation Deadlines: Insights from SUMMEY v. BARKER Introduction SUMMEY v. BARKER is a pivotal case adjudicated by the Supreme Court of North Carolina on...
Substantial Change of Circumstances in Child Custody: Insights from SHIPMAN v. SHIPMAN

Substantial Change of Circumstances in Child Custody: Insights from SHIPMAN v. SHIPMAN

Date: Oct 2, 2003
Substantial Change of Circumstances in Child Custody: Insights from SHIPMAN v. SHIPMAN Introduction April Shipman v. Casey Shipman, 357 N.C. 471 (2003), is a pivotal case adjudicated by the Supreme...
Strict Interpretation Limits Pre-1999 Homeowners Associations' Fining Powers Under PCA

Strict Interpretation Limits Pre-1999 Homeowners Associations' Fining Powers Under PCA

Date: Aug 2, 2003
Strict Interpretation Limits Pre-1999 Homeowners Associations' Fining Powers Under the North Carolina Planned Community Act Introduction The case of William J. Wise and Lynn P. Wise v. Harrington...
Unconstitutional Local Employment Discrimination Ordinances: Insights from Mary Williams v. Blue Cross Blue Shield of North Carolina

Unconstitutional Local Employment Discrimination Ordinances: Insights from Mary Williams v. Blue Cross Blue Shield of North Carolina

Date: Jun 2, 2003
Unconstitutional Local Employment Discrimination Ordinances: Insights from Mary Williams v. Blue Cross Blue Shield of North Carolina Introduction The case of Mary Williams v. Blue Cross Blue Shield...
Establishing Causation in Workers' Compensation Claims: Insights from HOLLEY v. ACTS, INC.

Establishing Causation in Workers' Compensation Claims: Insights from HOLLEY v. ACTS, INC.

Date: Jun 2, 2003
Establishing Causation in Workers' Compensation Claims: Insights from HOLLEY v. ACTS, INC. Introduction The Supreme Court of North Carolina's decision in Brenada Joyce HOLLEY v. ACTS, INC., Liberty...
Comprehensive Commentary on State of North Carolina v. Christina Shea Walters: Upholding Procedural Integrity and Proportional Sentencing

Comprehensive Commentary on State of North Carolina v. Christina Shea Walters: Upholding Procedural Integrity and Proportional Sentencing

Date: May 2, 2003
Comprehensive Commentary on State of North Carolina v. Christina Shea Walters: Upholding Procedural Integrity and Proportional Sentencing Introduction In the landmark case of State of North Carolina...
Reaffirming Parental Due Process Rights in Custody Cases: OWENBY v. YOUNG

Reaffirming Parental Due Process Rights in Custody Cases: OWENBY v. YOUNG

Date: May 2, 2003
Reaffirming Parental Due Process Rights in Custody Cases: OWENBY v. YOUNG Introduction OWENBY v. YOUNG, 357 N.C. 142 (2003), is a landmark decision by the Supreme Court of North Carolina that delves...
Reversing Parental Rights Termination Due to Insufficient Clear, Cogent, and Convincing Evidence: Analysis of Shermer Case

Reversing Parental Rights Termination Due to Insufficient Clear, Cogent, and Convincing Evidence: Analysis of Shermer Case

Date: Mar 2, 2003
Reversing Parental Rights Termination Due to Insufficient Clear, Cogent, and Convincing Evidence: Analysis of Shermer Case Introduction The case of Buddy Shermer presents a significant examination of...
Establishing Jurisdiction and Parental Neglect in Termination of Parental Rights: Humphrey v. Skok

Establishing Jurisdiction and Parental Neglect in Termination of Parental Rights: Humphrey v. Skok

Date: Mar 2, 2003
Establishing Jurisdiction and Parental Neglect in Termination of Parental Rights: Humphrey v. Skok Introduction In the appellate case Humphrey v. Skok, 156 N.C. App. 533 (2003), the North Carolina...
Enhancing Capital Sentencing Standards: Insights from State v. Haselden

Enhancing Capital Sentencing Standards: Insights from State v. Haselden

Date: Mar 2, 2003
Enhancing Capital Sentencing Standards: Insights from State v. Haselden Introduction In the landmark case of State of North Carolina v. Jim Edward Haselden (357 N.C. 1, 2003), the Supreme Court of...
Supreme Court of North Carolina Upholds Cost Approach Valuation for Section 42 Low-Income Housing

Supreme Court of North Carolina Upholds Cost Approach Valuation for Section 42 Low-Income Housing

Date: Feb 2, 2003
Supreme Court of North Carolina Upholds Cost Approach Valuation for Section 42 Low-Income Housing Introduction The case, In the Matter of Appeal of: The Greens of Pine Glen Ltd. Partnership,...
Revisiting the Standard of Review for Habitual DWI Charges: Insights from STATE OF NORTH CAROLINA v. BRIAN ALEXANDER SCOTT

Revisiting the Standard of Review for Habitual DWI Charges: Insights from STATE OF NORTH CAROLINA v. BRIAN ALEXANDER SCOTT

Date: Dec 2, 2002
Revisiting the Standard of Review for Habitual DWI Charges: Insights from STATE OF NORTH CAROLINA v. BRIAN ALEXANDER SCOTT Introduction The case of State of North Carolina v. Brian Alexander Scott...
Disproportionate Death Sentence Overturned in State of North Carolina v. Christene Knapp Kemmerlin

Disproportionate Death Sentence Overturned in State of North Carolina v. Christene Knapp Kemmerlin

Date: Dec 2, 2002
Disproportionate Death Sentence Overturned in State of North Carolina v. Christene Knapp Kemmerlin Introduction In the landmark case of State of North Carolina v. Christene Knapp Kemmerlin, decided...
Millsaps: Requirement to Instruct on Lesser-Included Second-Degree Murder in Dual First-Degree Murder Theories

Millsaps: Requirement to Instruct on Lesser-Included Second-Degree Murder in Dual First-Degree Murder Theories

Date: Dec 2, 2002
Millsaps: Requirement to Instruct on Lesser-Included Second-Degree Murder in Dual First-Degree Murder Theories Introduction In State of North Carolina v. James Lewis Millsaps, the Supreme Court of...
Liberty Mutual v. Penningtons: UIM Notification Not Bound by Statute of Limitations

Liberty Mutual v. Penningtons: UIM Notification Not Bound by Statute of Limitations

Date: Dec 2, 2002
Liberty Mutual v. Penningtons: UIM Notification Not Bound by Statute of Limitations Introduction Liberty Mutual Insurance Co. v. Judy Bass Pennington and Rick Pennington (356 N.C. 571, 2002) is a...
Enhanced Scrutiny for Racial Bias in Jury Selection: State v. Barden

Enhanced Scrutiny for Racial Bias in Jury Selection: State v. Barden

Date: Nov 2, 2002
Enhanced Scrutiny for Racial Bias in Jury Selection: State of North Carolina v. Iziah Barden Introduction State of North Carolina v. Iziah Barden is a landmark case adjudicated by the Supreme Court...
Affirmation of Death Sentence Upholding Proper Venue Change and Effective Counsel in First-Degree Murder Case

Affirmation of Death Sentence Upholding Proper Venue Change and Effective Counsel in First-Degree Murder Case

Date: Oct 2, 2002
Affirmation of Death Sentence Upholding Proper Venue Change and Effective Counsel in First-Degree Murder Case Introduction In the seminal case of State of North Carolina v. Atted Anthony Prevatte...
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