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  • Commentaries
  • Judgments

North Carolina Case Commentaries

Comprehensive Commentary on STATE OF NORTH CAROLINA v. JAMES FLOYD DAVIS: Establishing Precedents in Capital Sentencing Procedures

Comprehensive Commentary on STATE OF NORTH CAROLINA v. JAMES FLOYD DAVIS: Establishing Precedents in Capital Sentencing Procedures

Date: Oct 2, 1998
Comprehensive Commentary on STATE OF NORTH CAROLINA v. JAMES FLOYD DAVIS: Establishing Precedents in Capital Sentencing Procedures Introduction STATE OF NORTH CAROLINA v. JAMES FLOYD DAVIS (349 N.C....
Attorney Negligence Does Not Constitute Excusable Neglect under Rule 60(b)(1): BRILEY v. FARABOW

Attorney Negligence Does Not Constitute Excusable Neglect under Rule 60(b)(1): BRILEY v. FARABOW

Date: Jul 2, 1998
Attorney Negligence Does Not Constitute Excusable Neglect under Rule 60(b)(1): BRILEY v. FARABOW Introduction BRILEY v. FARABOW, 348 N.C. 537 (1998), is a landmark decision by the Supreme Court of...
Modification of Child Custody Based on Changed Circumstances: PULLIAM v. SMITH

Modification of Child Custody Based on Changed Circumstances: PULLIAM v. SMITH

Date: Jul 2, 1998
Modification of Child Custody Based on Changed Circumstances: PULLIAM v. SMITH Introduction PULLIAM v. SMITH, 348 N.C. 616 (1998), is a landmark decision by the Supreme Court of North Carolina...
State v. Lee: Upholding the Admissibility of Prior Bad Acts and Prior Consistent Statements

State v. Lee: Upholding the Admissibility of Prior Bad Acts and Prior Consistent Statements

Date: Jul 2, 1998
State v. Lee: Upholding the Admissibility of Prior Bad Acts and Prior Consistent Statements Introduction State of North Carolina v. Johnny Dean Lee is a landmark case adjudicated by the Supreme Court...
North Carolina Supreme Court Establishes Protection of Retirement Tax Exemptions as Contractual Rights

North Carolina Supreme Court Establishes Protection of Retirement Tax Exemptions as Contractual Rights

Date: May 2, 1998
North Carolina Supreme Court Establishes Protection of Retirement Tax Exemptions as Contractual Rights Introduction The North Carolina Supreme Court, in the case of Indi v. State of North Carolina...
Implied Contracts and Sovereign Immunity: North Carolina Supreme Court Upholds State Protections

Implied Contracts and Sovereign Immunity: North Carolina Supreme Court Upholds State Protections

Date: Apr 2, 1998
Implied Contracts and Sovereign Immunity: North Carolina Supreme Court Upholds State Protections Introduction The case of Paul L. Whitfield, P.A. v. Peter S. Gilchrist, III represents a significant...
Governmental Immunity in Official Capacity Suits: MULLIS v. SECHREST

Governmental Immunity in Official Capacity Suits: MULLIS v. SECHREST

Date: Feb 2, 1998
Governmental Immunity in Official Capacity Suits: MULLIS v. SECHREST Introduction In the landmark case of Mullis and MULLIS v. SECHREST and Charlotte-Mecklenburg Board of Education, the Supreme Court...
Implied Contract and Equitable Estoppel in Medical Malpractice: SHARON CREECH v. EVELYN H. MELNIK, M.D.

Implied Contract and Equitable Estoppel in Medical Malpractice: SHARON CREECH v. EVELYN H. MELNIK, M.D.

Date: Feb 2, 1998
Implied Contract and Equitable Estoppel in Medical Malpractice: SHARON CREECH v. EVELYN H. MELNIK, M.D. Introduction The case of Sharon Creech and Travis Creech, Guardians ad Litem of Justin Creech,...
Reaffirmation of Employment-At-Will Doctrine in LEWIS KURTZMAN v. APPLIED ANALYTICAL INDUSTRIES, INC.

Reaffirmation of Employment-At-Will Doctrine in LEWIS KURTZMAN v. APPLIED ANALYTICAL INDUSTRIES, INC.

Date: Nov 2, 1997
Reaffirmation of Employment-At-Will Doctrine in LEWIS KURTZMAN v. APPLIED ANALYTICAL INDUSTRIES, INC. Introduction The Supreme Court of North Carolina, in LEWIS KURTZMAN v. APPLIED ANALYTICAL...
Establishing Reunification Requirements in Juvenile Neglect Cases: Analysis of Brittny Nicole Helms

Establishing Reunification Requirements in Juvenile Neglect Cases: Analysis of Brittny Nicole Helms

Date: Oct 2, 1997
Establishing Reunification Requirements in Juvenile Neglect Cases: Analysis of Brittny Nicole Helms Introduction The case of Brittny Nicole Helms represents a significant legal precedent in the realm...
Jurisdictional Boundaries Under the Tort Claims Act: MEYER v. WALLS Establishes Key Precedent

Jurisdictional Boundaries Under the Tort Claims Act: MEYER v. WALLS Establishes Key Precedent

Date: Sep 2, 1997
Jurisdictional Boundaries Under the Tort Claims Act: MEYER v. WALLS Establishes Key Precedent Introduction The case of Patricia M. Meyer, Administratrix for the Estate of Clearman I. Frisbee v. Jo...
Admissibility of State of Mind and Financial Evidence in Murder Trials: Analysis of State v. Mamie Bishop

Admissibility of State of Mind and Financial Evidence in Murder Trials: Analysis of State v. Mamie Bishop

Date: Jul 2, 1997
Admissibility of State of Mind and Financial Evidence in Murder Trials: Analysis of State of North Carolina v. Mamie Delois Jean Bishop Introduction State of North Carolina v. Mamie Delois Jean...
State v. Daniel Cummings Jr.: Upholding Capital Punishment Standards in North Carolina

State v. Daniel Cummings Jr.: Upholding Capital Punishment Standards in North Carolina

Date: Jul 2, 1997
State v. Daniel Cummings Jr.: Upholding Capital Punishment Standards in North Carolina Introduction The case of State of North Carolina v. Daniel Cummings Jr. (346 N.C. 291, 1997) stands as a...
No Presumption of Market Availability for Employer-Provided Post-Injury Positions in Workers' Compensation Cases

No Presumption of Market Availability for Employer-Provided Post-Injury Positions in Workers' Compensation Cases

Date: Jul 2, 1997
No Presumption of Market Availability for Employer-Provided Post-Injury Positions in Workers' Compensation Cases Introduction The case of Hattie SAUMS v. RALEIGH COMMUNITY HOSPITAL addresses critical...
Reaffirming Voluntary Consent in "Knock and Talk" Procedures: State of North Carolina v. Kenneth E. Smith

Reaffirming Voluntary Consent in "Knock and Talk" Procedures: State of North Carolina v. Kenneth E. Smith

Date: Jul 2, 1997
Reaffirming Voluntary Consent in "Knock and Talk" Procedures: State of North Carolina v. Kenneth E. Smith Introduction State of North Carolina v. Kenneth E. Smith, 346 N.C. 794 (1997), is a pivotal...
Personal Guarantors May Pursue Negligent Misrepresentation Claims Against Accountants: BARGER v. McCOY HILLARD PARKS

Personal Guarantors May Pursue Negligent Misrepresentation Claims Against Accountants: BARGER v. McCOY HILLARD PARKS

Date: Jul 2, 1997
Personal Guarantors May Pursue Negligent Misrepresentation Claims Against Accountants: BARGER v. McCOY HILLARD PARKS Introduction In the landmark case BARGER v. McCOY HILLARD PARKS, the Supreme Court...
Insufficient Evidence Standard for Termination of Parental Rights: Analysis of In Re: Eric Young

Insufficient Evidence Standard for Termination of Parental Rights: Analysis of In Re: Eric Young

Date: Jun 2, 1997
Insufficient Evidence Standard for Termination of Parental Rights: Analysis of In Re: Eric Young Introduction The case of In Re: Eric Young (346 N.C. 244, 1997) addresses the critical issue of...
Constitutional Primacy of Parental Rights in Custody Determinations: PRICE v. HOWARD

Constitutional Primacy of Parental Rights in Custody Determinations: PRICE v. HOWARD

Date: May 2, 1997
Constitutional Primacy of Parental Rights in Custody Determinations: PRICE v. HOWARD Introduction PRICE v. HOWARD, 346 N.C. 68 (1997), is a pivotal case adjudicated by the Supreme Court of North...
Strengthening Custodial Interrogation Rights and Search Warrant Standards: A Comprehensive Analysis of STATE OF NORTH CAROLINA v. GARY FERNANDEZ

Strengthening Custodial Interrogation Rights and Search Warrant Standards: A Comprehensive Analysis of STATE OF NORTH CAROLINA v. GARY FERNANDEZ

Date: May 2, 1997
Strengthening Custodial Interrogation Rights and Search Warrant Standards: A Comprehensive Analysis of STATE OF NORTH CAROLINA v. GARY FERNANDEZ Introduction STATE OF NORTH CAROLINA v. GARY FERNANDEZ...
Clarifying Custodial Interrogation and Aiding and Abetting in State v. Gaines and Harris

Clarifying Custodial Interrogation and Aiding and Abetting in State v. Gaines and Harris

Date: Apr 2, 1997
Clarifying Custodial Interrogation and Aiding and Abetting in State v. Gaines and Harris Introduction State of North Carolina v. Allen Lorenzo Gaines and Bryan Cornelius Harris (345 N.C. 647),...
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