North Carolina Case Commentaries

Supreme Court Clarifies Scope of Section 99B-3 in Product Liability: Alterations by Non-Parties Can Shield Manufacturers

Date: Apr 14, 2012

Supreme Court Clarifies Scope of Section 99B-3 in Product Liability: Alterations by Non-Parties Can Shield Manufacturers Introduction In the landmark case Cheyenne Saleena Stark, a Minor, and Cody...

Reversing Summary Judgment in Conversion and Constructive Trust Claims: Variety Wholesalers, Inc. v. Salem Logistics Traffic Services, LLC

Date: Apr 14, 2012

Reversing Summary Judgment in Conversion and Constructive Trust Claims: Variety Wholesalers, Inc. v. Salem Logistics Traffic Services, LLC Introduction Variety Wholesalers, Inc. v. Salem Logistics...

Proper Exercise of Trial Court Discretion in Denying Jury's Review of Testimony: State v. Starr

Date: Dec 10, 2011

Proper Exercise of Trial Court Discretion in Denying Jury's Review of Testimony: State v. Starr Introduction State of North Carolina v. Thomas John Starr (365 N.C. 314) is a pivotal case adjudicated...

State v. Phillips: Upholding Standards for Voluntary Confessions and Effective Counsel in Capital Murder Cases

Date: Jun 2, 2011

State of North Carolina v. Mario Lynn Phillips: Upholding Standards for Voluntary Confessions and Effective Counsel in Capital Murder Cases Introduction In State of North Carolina v. Mario Lynn...

Reaffirming Probable Cause Standards in Constructive Possession Cases: Insights from State v. Biber

Date: Jun 2, 2011

Reaffirming Probable Cause Standards in Constructive Possession Cases: Insights from State v. Biber Introduction State of North Carolina v. Benzion Biber, 365 N.C. 162 (2011), adjudicated by the...

Broad Interpretation of "Work" in Zoning Ordinances: Morris Communications Corp. v. City of Bessemer

Date: Jun 2, 2011

Broad Interpretation of "Work" in Zoning Ordinances: Morris Communications Corp. v. City of Bessemer Introduction Morris Communications Corporation d/b/a Fairway Outdoor Advertising v. City of...

North Carolina Upholds 2% Signature Requirement for Ballot Access: Establishing New Legal Standards

Date: Mar 2, 2011

North Carolina Upholds 2% Signature Requirement for Ballot Access: Establishing New Legal Standards Introduction In the landmark case, Libertarian Party of North Carolina et al. v. State of North...

STATE v. MUMFORD: Reinforcing Inconsistent Verdicts Doctrine and Standards for Restitution in Felony Serious Injury Cases

Date: Oct 2, 2010

STATE v. MUMFORD: Reinforcing Inconsistent Verdicts Doctrine and Standards for Restitution in Felony Serious Injury Cases Introduction State of North Carolina v. Aubrey Alberto Mumford, 699 S.E.2d...

Mandating Scientifically Valid Chemical Analysis Over Visual Identification in Controlled Substance Cases: State of NC v. Ward

Date: Jun 2, 2010

Mandating Scientifically Valid Chemical Analysis Over Visual Identification in Controlled Substance Cases: State of NC v. Ward Introduction The case State of North Carolina v. Jimmy Waylon Ward (694...

North Carolina Supreme Court Clarifies Non-Jurisdictional Nature of N.C.G.S. § 7B-1703 Timing Requirements in Juvenile Delinquency Proceedings

Date: Jun 2, 2010

North Carolina Supreme Court Clarifies Non-Jurisdictional Nature of N.C.G.S. § 7B-1703 Timing Requirements in Juvenile Delinquency Proceedings Introduction In the case of In the Matter of D.S. (694...

Limitation of Unfair and Deceptive Trade Practices to External Commerce: Insights from White and Ellis v. Thompson

Date: Apr 16, 2010

Limitation of Unfair and Deceptive Trade Practices to External Commerce: Insights from White and Ellis v. Thompson Introduction The case of Charles M. White and Earl Ellis, individually and formerly...

Limitation of Insurance Coverage under 'Failure to Conform' Clause in False Advertising Litigation

Date: Apr 16, 2010

Limitation of Insurance Coverage under 'Failure to Conform' Clause in False Advertising Litigation Introduction The case of Harleysville Mutual Insurance Company v. Buzz Off Insect Shield, L.L.C....

Necessity of Jury Instructions on Self-Defense and Defense of Family in Voluntary Manslaughter Cases: The Moore Decision

Date: Jan 30, 2010

Necessity of Jury Instructions on Self-Defense and Defense of Family in Voluntary Manslaughter Cases: The Moore Decision Introduction In the landmark case of STATE OF NORTH CAROLINA v. JOSHUA CARLEN...

Affirmation of Due Process and Evidentiary Standards in Capital Murder Case: State v. Wilkerson

Date: Aug 2, 2009

Affirmation of Due Process and Evidentiary Standards in Capital Murder Case: State v. Wilkerson Introduction In the landmark case of State of North Carolina v. George Thomas Wilkerson, adjudicated by...

Admissibility of Prior Acts in First-Degree Murder Prosecutions: Insights from STATE OF NORTH CAROLINA v. DANE LOCKLEAR, JR.

Date: Aug 2, 2009

Admissibility of Prior Acts in First-Degree Murder Prosecutions: Insights from STATE OF NORTH CAROLINA v. DANE LOCKLEAR, JR. Introduction The landmark case STATE OF NORTH CAROLINA v. DANE LOCKLEAR,...

Collateral Estoppel in Trust Termination: Turner v. The Hammocks Beach Corporation

Date: Aug 2, 2009

Collateral Estoppel in Trust Termination: Turner v. The Hammocks Beach Corporation Introduction The case of Turner v. The Hammocks Beach Corporation revolves around the termination of a trust...

Intermediate Scrutiny Applied to Judicial Election Districting under North Carolina's Equal Protection Clause

Date: Aug 2, 2009

Intermediate Scrutiny Applied to Judicial Election Districting under North Carolina's Equal Protection Clause Introduction In the landmark case BlankenShip, DimMocK, and Johnson v. Bartlett et al.,...

Unconstitutional Application of N.C.G.S. § 14-415.1 in BARNEY BRITT v. STATE OF NORTH CAROLINA

Date: Aug 2, 2009

Unconstitutional Application of N.C.G.S. § 14-415.1 in BARNEY BRITT v. STATE OF NORTH CAROLINA Introduction BARNEY BRITT v. STATE OF NORTH CAROLINA is a landmark case adjudicated by the Supreme Court...

North Carolina v. Craig: Extending Direct State Constitutional Claims Beyond Governmental Immunity

Date: Jun 2, 2009

North Carolina v. Craig: Extending Direct State Constitutional Claims Beyond Governmental Immunity Introduction In the landmark case of Jon-Paul Craig v. New Hanover County Board of Education,...

Clarification of "Address" in Sex Offender Registration: State v. Patricia Dawn Abshire

Date: Jun 2, 2009

Clarification of "Address" in Sex Offender Registration: State v. Patricia Dawn Abshire 1. Introduction State of North Carolina v. Patricia Dawn Abshire is a pivotal case adjudicated by the Supreme...