North Carolina Case Commentaries

State of North Carolina v. Bryan Christopher Bell: Upholding Judicial Discretion in Death Penalty Sentencing and Jury Selection Procedures

Date: Oct 2, 2004

State of North Carolina v. Bryan Christopher Bell: Upholding Judicial Discretion in Death Penalty Sentencing and Jury Selection Procedures Introduction In the landmark case of State of North Carolina...

Upholding 'Just Cause' and Agency Deference in Public Employee Discipline: North Carolina Dept. of Environment v. Carroll

Date: Aug 2, 2004

Upholding 'Just Cause' and Agency Deference in Public Employee Discipline: NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES v. L. Clifton Carroll Supreme Court of North Carolina |...

Time-Barred Arbitration Claims in Underinsured Motorist Coverage: REGISTER v. WHITE

Date: Aug 2, 2004

Time-Barred Arbitration Claims in Underinsured Motorist Coverage: REGISTER v. WHITE Introduction REGISTER v. WHITE, 358 N.C. 691 (2004), is a landmark case in North Carolina's jurisprudence...

Adoption of the Seagraves Test for Constructive Refusal in Workers' Compensation: McRAE v. TOASTMASTER, INC.

Date: Jun 2, 2004

Adoption of the Seagraves Test for Constructive Refusal in Workers' Compensation: McRAE v. TOASTMASTER, INC. Introduction McRAE v. TOASTMASTER, INC. (358 N.C. 488) is a pivotal case adjudicated by...

North Carolina Supreme Court Rejects Daubert Adoption, Reinforcing Independent Standards for Expert Testimony in Products Liability Cases

Date: Jun 2, 2004

North Carolina Supreme Court Rejects Daubert Adoption, Reinforcing Independent Standards for Expert Testimony in Products Liability Cases Introduction In the landmark case of W. Bruce Howerton, Jr.,...

Affirmation of Death Sentence under Felony Murder Rule in State of North Carolina v. Garcia

Date: Jun 2, 2004

Affirmation of Death Sentence under Felony Murder Rule in State of North Carolina v. Garcia Introduction State of North Carolina v. Fernando Louis Garcia, III is a landmark decision by the Supreme...

North Carolina Supreme Court Establishes Possession of Cocaine as a Felony under N.C.G.S. §90-95(d)(2)

Date: Jun 2, 2004

North Carolina Supreme Court Establishes Possession of Cocaine as a Felony under N.C.G.S. §90-95(d)(2) Introduction In the landmark case of State of North Carolina v. Norman Wayne Jones, the Supreme...

Interpretation of Annexation Standards in CAROLINA POWER LIGHT CO. v. CITY OF ASHEVILLE

Date: Jun 2, 2004

Interpretation of Annexation Standards in CAROLINA POWER LIGHT CO. v. CITY OF ASHEVILLE Introduction The case of Carolina Power Light Company v. The City of Asheville (358 N.C. 512) was adjudicated...

Short-Form Indictment Sufficiency in Capital Murder Cases: Comment on STATE OF NORTH CAROLINA v. CHARLES WESLEY ROACHE

Date: May 2, 2004

Short-Form Indictment Sufficiency in Capital Murder Cases: Comment on STATE OF NORTH CAROLINA v. CHARLES WESLEY ROACHE Introduction STATE OF NORTH CAROLINA v. CHARLES WESLEY ROACHE is a landmark...

North Carolina Upholds Statutory Limitation on Punitive Damages: RHYNE v. K-MART CORPoration

Date: Apr 2, 2004

North Carolina Upholds Statutory Limitation on Punitive Damages: RHYNE v. K-MART CORPoration Introduction In RHYNE v. K-MART CORPoration (358 N.C. 160, 2004), the Supreme Court of North Carolina...

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

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)

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

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

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

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

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.

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

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

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...