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  • Commentaries
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North Carolina Case Commentaries

Fair v. State of North Carolina: Upholding Batson in Death Penalty Juror Selection

Fair v. State of North Carolina: Upholding Batson in Death Penalty Juror Selection

Date: Oct 2, 2001
Fair v. State of North Carolina: Upholding Batson in Death Penalty Juror Selection Introduction In the landmark case of State of North Carolina v. Nathaniel Fair Jr., adjudicated by the Supreme Court...
Defining Gross Negligence in North Carolina Motor Vehicle Accidents: YANCEY v. LEA

Defining Gross Negligence in North Carolina Motor Vehicle Accidents: YANCEY v. LEA

Date: Aug 2, 2001
Defining Gross Negligence in North Carolina Motor Vehicle Accidents: YANCEY v. LEA Introduction The case of GEORGE C. YANCEY, Administrator for the Estate of LUCY W. YANCEY v. ARTIE SYLVESTER LEA and...
ADAMS v. TESSENER: Upholding Child's Best Interests Over Parental Conduct

ADAMS v. TESSENER: Upholding Child's Best Interests Over Parental Conduct

Date: Aug 2, 2001
ADAMS v. TESSENER: Upholding Child's Best Interests Over Parental Conduct Introduction In the landmark case of ADAMS v. TESSENER (354 N.C. 57, 2001), the Supreme Court of North Carolina addressed a...
STATE v. LUCAS: Reinforcing Apprendi and Jones in Sentencing Enhancements

STATE v. LUCAS: Reinforcing Apprendi and Jones in Sentencing Enhancements

Date: Jul 2, 2001
STATE v. LUCAS: Reinforcing Apprendi and Jones in Sentencing Enhancements Introduction In State of North Carolina v. William Rashad Lucas, the Supreme Court of North Carolina tackled significant...
Affirmation of Death Sentence in the Cerron Thomas Hooks Case: Analysis of 'Especially Heinous, Atrocious or Cruel' Aggravating Circumstances

Affirmation of Death Sentence in the Cerron Thomas Hooks Case: Analysis of 'Especially Heinous, Atrocious or Cruel' Aggravating Circumstances

Date: Jul 2, 2001
Affirmation of Death Sentence in the Cerron Thomas Hooks Case: Analysis of 'Especially Heinous, Atrocious or Cruel' Aggravating Circumstances Introduction The case of State of North Carolina v....
Admissibility of Hearsay from Unavailable Declarants under N.C. Rule 804(b)(5) and Confrontation Rights: Insights from State v. Fowler

Admissibility of Hearsay from Unavailable Declarants under N.C. Rule 804(b)(5) and Confrontation Rights: Insights from State v. Fowler

Date: Jul 2, 2001
Admissibility of Hearsay from Unavailable Declarants under N.C. Rule 804(b)(5) and Confrontation Rights: Insights from State v. Fowler Introduction State of North Carolina v. Elrico Darnell Fowler,...
North Carolina Supreme Court Clarifies Fiduciary Duty and Duty of Loyalty in Employer-Employee Relationships

North Carolina Supreme Court Clarifies Fiduciary Duty and Duty of Loyalty in Employer-Employee Relationships

Date: Jul 2, 2001
North Carolina Supreme Court Clarifies Fiduciary Duty and Duty of Loyalty in Employer-Employee Relationships Introduction The case of Robert Earl Dalton d/b/a B. Dalton Company v. David Camp, Nancy...
State of North Carolina v. James Edward Jaynes: Upholding Capital Resentencing Procedures

State of North Carolina v. James Edward Jaynes: Upholding Capital Resentencing Procedures

Date: Jul 2, 2001
State of North Carolina v. James Edward Jaynes: Upholding Capital Resentencing Procedures Introduction In State of North Carolina v. James Edward Jaynes (353 N.C. 534, 2001), the Supreme Court of...
North Carolina Supreme Court Clarifies Classification of Nonbusiness Income in Corporate Liquidations

North Carolina Supreme Court Clarifies Classification of Nonbusiness Income in Corporate Liquidations

Date: Jul 2, 2001
North Carolina Supreme Court Clarifies Classification of Nonbusiness Income in Corporate Liquidations Introduction The case LENOX, INCORPORATED v. E. NORRIS TOLSON, SECRETARY OF THE NORTH CAROLINA...
Establishing Standards for Competency Hearings and Jury Selection in Capital Murder Cases: A Comprehensive Analysis of STATE OF NORTH CAROLINA v. JAMES DONALD KING

Establishing Standards for Competency Hearings and Jury Selection in Capital Murder Cases: A Comprehensive Analysis of STATE OF NORTH CAROLINA v. JAMES DONALD KING

Date: Jun 2, 2001
Establishing Standards for Competency Hearings and Jury Selection in Capital Murder Cases: A Comprehensive Analysis of STATE OF NORTH CAROLINA v. JAMES DONALD KING Introduction STATE OF NORTH...
Termination of Parental Rights for Willful Abandonment and Failure to Support: McMillon v. DSS (143 N.C. App. 402)

Termination of Parental Rights for Willful Abandonment and Failure to Support: McMillon v. DSS (143 N.C. App. 402)

Date: May 2, 2001
Termination of Parental Rights for Willful Abandonment and Failure to Support: McMillon v. DSS (143 N.C. App. 402) Introduction The case of McMillon v. Department of Social Services (DSS) addresses...
Termination of Parental Rights Based on Clear and Convincing Evidence of Neglect

Termination of Parental Rights Based on Clear and Convincing Evidence of Neglect

Date: Apr 2, 2001
Termination of Parental Rights Based on Clear and Convincing Evidence of Neglect Introduction The case of Mashanna Nicole Blackburn, Minor (142 N.C. App. 607) examined by the North Carolina Court of...
Clarifying Custody Determinations in Miranda Applications: State of North Carolina v. Rodney Dale Buchanan

Clarifying Custody Determinations in Miranda Applications: State of North Carolina v. Rodney Dale Buchanan

Date: Apr 2, 2001
Clarifying Custody Determinations in Miranda Applications: State of North Carolina v. Rodney Dale Buchanan Introduction State of North Carolina v. Rodney Dale Buchanan, 353 N.C. 332 (2001), is a...
Establishing Causation in Workers' Compensation: The Young v. Hickory Business Furniture Decision

Establishing Causation in Workers' Compensation: The Young v. Hickory Business Furniture Decision

Date: Dec 2, 2000
Establishing Causation in Workers' Compensation: The Young v. Hickory Business Furniture Decision Introduction The case of Judy Carolyn Young v. Hickory Business Furniture addresses a pivotal issue...
Clarifying Burdens of Proof and Procedural Standards in Child Neglect Cases: Gleisner v. Onslow County Department of Social Services

Clarifying Burdens of Proof and Procedural Standards in Child Neglect Cases: Gleisner v. Onslow County Department of Social Services

Date: Dec 2, 2000
Clarifying Burdens of Proof and Procedural Standards in Child Neglect Cases: Gleisner v. Onslow County Department of Social Services Introduction The case of Gleisner v. Onslow County Department of...
Two-Tiered Underinsured Motorist Coverage Validated Under North Carolina's Financial Responsibility Act

Two-Tiered Underinsured Motorist Coverage Validated Under North Carolina's Financial Responsibility Act

Date: Dec 2, 2000
Two-Tiered Underinsured Motorist Coverage Validated Under North Carolina's Financial Responsibility Act Introduction The case of Daniel M. Hlasnick and Darlene Hlasnick v. Federated Mutual Insurance...
North Carolina Supreme Court Rules Attorney General Lacks Standing to Appeal Class Action Attorneys' Fees Award

North Carolina Supreme Court Rules Attorney General Lacks Standing to Appeal Class Action Attorneys' Fees Award

Date: Dec 2, 2000
North Carolina Supreme Court Rules Attorney General Lacks Standing to Appeal Class Action Attorneys' Fees Award Introduction In BAILEY v. STATE, the Supreme Court of North Carolina addressed a...
Intent Requirement in Felony Murder Rule: Jones v. North Carolina

Intent Requirement in Felony Murder Rule: Jones v. North Carolina

Date: Dec 2, 2000
Intent Requirement in Felony Murder Rule: Jones v. North Carolina Introduction State of North Carolina v. Thomas Richard Jones is a pivotal case adjudicated by the Supreme Court of North Carolina on...
State v. Grooms: Affirmation of Death Sentence and Standards for Effective Assistance of Counsel in Capital Cases

State v. Grooms: Affirmation of Death Sentence and Standards for Effective Assistance of Counsel in Capital Cases

Date: Dec 2, 2000
State v. Grooms: Affirmation of Death Sentence and Standards for Effective Assistance of Counsel in Capital Cases Introduction State of North Carolina v. Timmy Euvonne Grooms is a pivotal case...
Strengthening Reliability Requirements for Anonymous Informant Tips in Fourth Amendment Searches: STATE v. HUGHES

Strengthening Reliability Requirements for Anonymous Informant Tips in Fourth Amendment Searches: STATE v. HUGHES

Date: Dec 2, 2000
Strengthening Reliability Requirements for Anonymous Informant Tips in Fourth Amendment Searches: STATE v. HUGHES Introduction In State of North Carolina v. John Elvis Hughes, 353 N.C. 200 (2000),...
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