North Carolina Case Commentaries

Affirmation of Statutory Authority Over Professional Regulatory Bodies: North Carolina Department of Correction v. Medical Board

Date: May 2, 2009

Affirmation of Statutory Authority Over Professional Regulatory Bodies: North Carolina Department of Correction v. Medical Board Introduction The case of NORTH CAROLINA DEPARTMENT OF CORRECTION;...

Reaffirmation of Jury Deliberation Procedures and Discretion in Substitution of Counsel: State v. Osorio

Date: Apr 22, 2009

Reaffirmation of Jury Deliberation Procedures and Discretion in Substitution of Counsel: State v. Osorio Introduction State of North Carolina v. Argenis Alvarez Osorio, 675 S.E.2d 144 (N.C. Ct. App....

Constructive Possession and Proximity: Insights from STATE OF NORTH CAROLINA v. ANDRE LEVERN MILLER

Date: Mar 2, 2009

Constructive Possession and Proximity: Insights from STATE OF NORTH CAROLINA v. ANDRE LEVERN MILLER Introduction STATE OF NORTH CAROLINA v. ANDRE LEVERN MILLER (678 S.E.2d 592) is a pivotal case...

Actual Employer Knowledge Suffices to Satisfy Notice Requirements under N.C.G.S. § 97-22: RICHARDSON v. MAXIM Healthcare/Allegis Group

Date: Dec 13, 2008

Actual Employer Knowledge Suffices to Satisfy Notice Requirements under N.C.G.S. § 97-22: RICHARDSON v. MAXIM Healthcare/Allegis Group Introduction RICHARDSON v. MAXIM Healthcare/Allegis Group is a...

STATE v. WILLIAMS: Upholding Fair Trial Rights Through Dismissal Upon Evidence Destruction

Date: Dec 13, 2008

STATE v. WILLIAMS: Upholding Fair Trial Rights Through Dismissal Upon Evidence Destruction Introduction In the landmark case of State of North Carolina v. Theodore Jerry Williams, the Supreme Court...

State v. Taylor: Upholding Due Process and Proportionality in Capital Sentencing

Date: Dec 13, 2008

State v. Taylor: Upholding Due Process and Proportionality in Capital Sentencing Introduction State of North Carolina v. Eddie Lamar Taylor ([669 S.E.2d 239](#)), adjudicated by the Supreme Court of...

Undue Influence in Spousal Will Contests: Supreme Court of North Carolina Reverses Summary Judgment in In re Will of Jones

Date: Dec 13, 2008

Undue Influence in Spousal Will Contests: Supreme Court of North Carolina Reverses Summary Judgment in In re Will of Jones Introduction The case of In the Matter of the Will of John A. Jones, Jr....

Mandamus as the Appropriate Remedy for Statutory Deadline Violations in Child Welfare Cases: Insights from In the Matter of T.H.T.

Date: Aug 28, 2008

Mandamus as the Appropriate Remedy for Statutory Deadline Violations in Child Welfare Cases: Insights from In the Matter of T.H.T. Introduction In the Matter of T.H.T. (No. 469A07), adjudicated by...

Reasonable Suspicion Remains the Standard for All Traffic Stops: Insights from STATE v. STYLES

Date: Aug 28, 2008

Reasonable Suspicion Remains the Standard for All Traffic Stops: Insights from STATE v. STYLES Introduction State of North Carolina v. Christopher Don Styles, 665 S.E.2d 438 (2008), adjudicated by...

Revisiting Appellate Procedure Defaults: Insights from Dogwood Development v. White Oak Transport

Date: Mar 8, 2008

Revisiting Appellate Procedure Defaults: Insights from Dogwood Development v. White Oak Transport Introduction The case of Dogwood Development and Management Company, LLC v. White Oak Transport...

No Double Jeopardy From Post‑Release Revocation: Subsequent Prosecution for Sex‑Offender Registration Violations Permitted (STATE v. SPARKS)

Date: Mar 8, 2008

STATE v. SPARKS, 657 S.E.2d 655 (N.C. 2008), holding that revocation of post-release supervision is not a criminal prosecution and does not bar a later criminal prosecution for related conduct under...

Beneficiary Standing in Unfair and Deceptive Trade Practices: Walker and Staten v. Fleetwood Homes of North Carolina, Inc.

Date: Dec 8, 2007

Beneficiary Standing in Unfair and Deceptive Trade Practices: Walker and Staten v. Fleetwood Homes of North Carolina, Inc. Introduction The case of Ray Walker and Betty Staten v. Fleetwood Homes of...

Affirmation of Trial Court Discretion in Jury Selection and Death Sentence Proportionality in N.C. Supreme Court's Goss Ruling

Date: Nov 10, 2007

Affirmation of Trial Court Discretion in Jury Selection and Death Sentence Proportionality in N.C. Supreme Court's Goss Ruling Introduction STATE OF NORTH CAROLINA v. CHRISTOPHER EDWARD GOSS is a...

State of North Carolina v. Michael Iver Peterson: Harmless Error in Evidence Admission and Its Implications

Date: Nov 10, 2007

State of North Carolina v. Michael Iver Peterson: Harmless Error in Evidence Admission and Its Implications Introduction In the landmark case of State of North Carolina v. Michael Iver Peterson, the...

Recognition of Non-Traditional Deadly Weapons: 'Hands and Water' in Assault on Government Officials

Date: Sep 2, 2007

Recognition of Non-Traditional Deadly Weapons: 'Hands and Water' in Assault on Government Officials Introduction State of North Carolina v. Jerry Dale Smith is a landmark case adjudicated by the...

Revisiting Fiduciary Duty and Fraud in Estate Management: Insights from Forbis v. Neal

Date: Aug 25, 2007

Revisiting Fiduciary Duty and Fraud in Estate Management: Insights from Forbis v. Neal Introduction The case of Lamarr Garland Forbis forbis, Co-Executor of the Estate of Bonnie S. Newell; and Lamarr...

Pender County Redistricting Decision: Establishing a Numerical Majority Requirement under the Voting Rights Act

Date: Aug 25, 2007

Pender County Redistricting Decision: Establishing a Numerical Majority Requirement under the Voting Rights Act Introduction The case of Pender County et al. v. Gary Bartlett et al. addressed...

Admissibility of Similar Prior Crimes and Proportionality in Death Sentencing: Insights from STATE OF NORTH CAROLINA v. JOHN SCOTT BADGETT

Date: May 5, 2007

Admissibility of Similar Prior Crimes and Proportionality in Death Sentencing: Insights from STATE OF NORTH CAROLINA v. JOHN SCOTT BADGETT Introduction STATE OF NORTH CAROLINA v. JOHN SCOTT BADGETT...

Supreme Court of North Carolina Establishes Precedent on Judicial Non-Interference in Internal Church Governance

Date: May 5, 2007

Supreme Court of North Carolina Establishes Precedent on Judicial Non-Interference in Internal Church Governance Introduction Gary Harris, Joseph B. Kinard, John S. Eagle, Waymon Tate, Jr., Rayford...

Clarifying Appellate Procedure: State of North Carolina v. Elgin Orlandas Hart

Date: May 5, 2007

Clarifying Appellate Procedure: State of North Carolina v. Elgin Orlandas Hart Introduction In the landmark case State of North Carolina v. Elgin Orlandas Hart, the Supreme Court of North Carolina...