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  • Commentaries
  • Judgments

North Carolina Case Commentaries

Establishing Malice Through Attitudinal Circumstances in Second-Degree Murder: STATE OF NORTH CAROLINA v. MATTHEW THOMAS RICH

Establishing Malice Through Attitudinal Circumstances in Second-Degree Murder: STATE OF NORTH CAROLINA v. MATTHEW THOMAS RICH

Date: Apr 2, 2000
Establishing Malice Through Attitudinal Circumstances in Second-Degree Murder: State of North Carolina v. Matthew Thomas Rich Introduction In the case of State of North Carolina v. Matthew Thomas...
Fortune Insurance Co. v. Owens: Determining Applicable Law for Out-of-State Policies

Fortune Insurance Co. v. Owens: Determining Applicable Law for Out-of-State Policies

Date: Apr 2, 2000
Fortune Insurance Co. v. Owens: Determining Applicable Law for Out-of-State Policies Introduction The case of Fortune Insurance Company v. Gary Edgar Owens, Johna R. Hart, Louis L. Gilmore, decided...
The Non-existence of "Attempted Second-Degree Murder" in North Carolina Law: An Analysis of STATE v. COBLE

The Non-existence of "Attempted Second-Degree Murder" in North Carolina Law: An Analysis of STATE v. COBLE

Date: Apr 2, 2000
The Non-existence of "Attempted Second-Degree Murder" in North Carolina Law: An Analysis of State of North Carolina v. Jerry Alfred Coble Introduction State of North Carolina v. Jerry Alfred Coble is...
Enhanced Scrutiny of Hearsay Exceptions in Child Abuse Cases: Insights from STATE OF NORTH CAROLINA v. GEORGE ELTON HINNANT

Enhanced Scrutiny of Hearsay Exceptions in Child Abuse Cases: Insights from STATE OF NORTH CAROLINA v. GEORGE ELTON HINNANT

Date: Feb 2, 2000
Enhanced Scrutiny of Hearsay Exceptions in Child Abuse Cases: Insights from State of North Carolina v. George Elton Hinnant Introduction State of North Carolina v. George Elton Hinnant is a pivotal...
Reverted Pension Funds Not Business Income Under Functional Test: Union Carbide v. Offerman

Reverted Pension Funds Not Business Income Under Functional Test: Union Carbide v. Offerman

Date: Feb 2, 2000
Reverted Pension Funds Not Business Income Under Functional Test: Union Carbide v. Offerman Introduction The case of Union Carbide Corporation v. Muriel K. Offerman, adjudicated by the Supreme Court...
North Carolina Supreme Court Establishes "Injury-in-Fact" Trigger for Insurance Coverage in GASTON COUNTY DYEING MACHINE CO. v. NORTHFIELD INS. CO.

North Carolina Supreme Court Establishes "Injury-in-Fact" Trigger for Insurance Coverage in GASTON COUNTY DYEING MACHINE CO. v. NORTHFIELD INS. CO.

Date: Feb 2, 2000
North Carolina Supreme Court Establishes "Injury-in-Fact" Trigger for Insurance Coverage in Gaston County Dyeing Machine Co. v. Northfield Insurance Company Introduction The case of Gaston County...
Substantial Right Exception for Interlocutory Appeals in Discovery Orders: SHARPE v. WORLAND

Substantial Right Exception for Interlocutory Appeals in Discovery Orders: SHARPE v. WORLAND

Date: Dec 2, 1999
Substantial Right Exception for Interlocutory Appeals in Discovery Orders: SHARPE v. WORLAND Introduction SHARPE v. WORLAND, 351 N.C. 159 (1999), is a pivotal case from the Supreme Court of North...
Permissive Interlocutory Appeals in Condemnation Proceedings: Insights from Department of Transportation v. Rowe et al.

Permissive Interlocutory Appeals in Condemnation Proceedings: Insights from Department of Transportation v. Rowe et al.

Date: Dec 2, 1999
Permissive Interlocutory Appeals in Condemnation Proceedings: Insights from Department of Transportation v. Rowe et al. Introduction Department of Transportation v. Rowe et al., 351 N.C. 172 (1999),...
Employee Self-Dealing Under N.C.G.S. § 75-1.1: Constructive Trust Imposed in Sara Lee Corp. v. Stephen Dowell Carter

Employee Self-Dealing Under N.C.G.S. § 75-1.1: Constructive Trust Imposed in Sara Lee Corp. v. Stephen Dowell Carter

Date: Oct 2, 1999
Employee Self-Dealing Under N.C.G.S. § 75-1.1: Constructive Trust Imposed in Sara Lee Corp. v. Stephen Dowell Carter Introduction The case of Sara Lee Corporation v. Stephen Dowell Carter,...
Adoption of Objective Standard for Probable Cause in Traffic Stops: STATE OF NORTH CAROLINA v. PAUL DENNIS McCLENDON, JR.

Adoption of Objective Standard for Probable Cause in Traffic Stops: STATE OF NORTH CAROLINA v. PAUL DENNIS McCLENDON, JR.

Date: Jul 2, 1999
Adoption of Objective Standard for Probable Cause in Traffic Stops: STATE OF NORTH CAROLINA v. PAUL DENNIS McCLENDON, JR. Introduction STATE OF NORTH CAROLINA v. PAUL DENNIS McCLENDON, JR. is a...
Liability of School Crossing Guards Affirmed: North Carolina Supreme Court Limits Public Duty Doctrine

Liability of School Crossing Guards Affirmed: North Carolina Supreme Court Limits Public Duty Doctrine

Date: Jul 2, 1999
Liability of School Crossing Guards Affirmed: North Carolina Supreme Court Limits Public Duty Doctrine Introduction The Supreme Court of North Carolina, in the case of Isenhour v. Dually, established...
Confidentiality vs. Public Access: N.C. Supreme Court Upholds Seal of Medical Peer Review Records

Confidentiality vs. Public Access: N.C. Supreme Court Upholds Seal of Medical Peer Review Records

Date: Jun 2, 1999
Confidentiality vs. Public Access: N.C. Supreme Court Upholds Seal of Medical Peer Review Records Introduction In the landmark case of A. Ron Virmani, M.D. v. Presbyterian Health Services Corp., the...
Necessity of Proper Jury Instructions on Aggravating Circumstances in Capital Sentencing: STATE OF NORTH CAROLINA v. CORNELIUS ALVIN NOBLES Commentary

Necessity of Proper Jury Instructions on Aggravating Circumstances in Capital Sentencing: STATE OF NORTH CAROLINA v. CORNELIUS ALVIN NOBLES Commentary

Date: Jun 2, 1999
Necessity of Proper Jury Instructions on Aggravating Circumstances in Capital Sentencing: STATE OF NORTH CAROLINA v. CORNELIUS ALVIN NOBLES Commentary Introduction STATE OF NORTH CAROLINA v....
Affirming Procedural Safeguards and Evidentiary Standards in Capital Sentencing: State v. Walic Christopher Thomas

Affirming Procedural Safeguards and Evidentiary Standards in Capital Sentencing: State v. Walic Christopher Thomas

Date: May 2, 1999
Affirming Procedural Safeguards and Evidentiary Standards in Capital Sentencing: State v. Walic Christopher Thomas Introduction In the landmark case of State of North Carolina v. Walic Christopher...
Expanded Liability for Auditors: Insights from Marcus Brothers Textiles, Inc. v. Price Waterhouse, LLP

Expanded Liability for Auditors: Insights from Marcus Brothers Textiles, Inc. v. Price Waterhouse, LLP

Date: Apr 2, 1999
Expanded Liability for Auditors: Insights from Marcus Brothers Textiles, Inc. v. Price Waterhouse, LLP Introduction The case of Marcus Brothers Textiles, Inc. v. Price Waterhouse, LLP serves as a...
State v. Fleming: Affirmation of 'Especially Heinous, Atrocious, or Cruel' Aggravating Circumstance in Capital Murder Cases

State v. Fleming: Affirmation of 'Especially Heinous, Atrocious, or Cruel' Aggravating Circumstance in Capital Murder Cases

Date: Apr 2, 1999
State v. Fleming: Affirmation of 'Especially Heinous, Atrocious, or Cruel' Aggravating Circumstance in Capital Murder Cases Introduction State of North Carolina v. John Henry Fleming is a landmark...
Protecting Defendants' Right to Silence in Capital Sentencing: An Analysis of State v. Call

Protecting Defendants' Right to Silence in Capital Sentencing: An Analysis of State v. Call

Date: Dec 2, 1998
Protecting Defendants' Right to Silence in Capital Sentencing: An Analysis of State of North Carolina v. Eric Lawrence Call Introduction In the landmark case of State of North Carolina v. Eric...
Legal Commentary on STATE OF NORTH CAROLINA v. ERIC FERNANDO MURILLO: Upholding the Death Penalty in Capital Murder Cases Involving Prior Violent Felonies

Legal Commentary on STATE OF NORTH CAROLINA v. ERIC FERNANDO MURILLO: Upholding the Death Penalty in Capital Murder Cases Involving Prior Violent Felonies

Date: Dec 2, 1998
Legal Commentary on STATE OF NORTH CAROLINA v. ERIC FERNANDO MURILLO Upholding the Death Penalty in Capital Murder Cases Involving Prior Violent Felonies Introduction The case of STATE OF NORTH...
Nelson v. Freeland: Abolition of Licensee-Invitee Distinction in North Carolina Premises Liability

Nelson v. Freeland: Abolition of Licensee-Invitee Distinction in North Carolina Premises Liability

Date: Dec 2, 1998
Nelson v. Freeland: Abolition of Licensee-Invitee Distinction in North Carolina Premises Liability Introduction Nelson v. Freeland, 349 N.C. 615 (1998), marks a pivotal moment in North Carolina's...
North Carolina Supreme Court Affirms Full Commission's Fact-Finding Authority in Workers' Compensation

North Carolina Supreme Court Affirms Full Commission's Fact-Finding Authority in Workers' Compensation

Date: Dec 2, 1998
North Carolina Supreme Court Affirms Full Commission's Fact-Finding Authority in Workers' Compensation Introduction The case of Mary Lou Adams v. AVX Corporation, Employer, Liberty Mutual Insurance...
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