North Carolina Case Commentaries

Reversing Parental Rights Termination Due to Insufficient Clear, Cogent, and Convincing Evidence: Analysis of Shermer Case

Date: Mar 2, 2003

Reversing Parental Rights Termination Due to Insufficient Clear, Cogent, and Convincing Evidence: Analysis of Shermer Case Introduction The case of Buddy Shermer presents a significant examination of...

Establishing Jurisdiction and Parental Neglect in Termination of Parental Rights: Humphrey v. Skok

Date: Mar 2, 2003

Establishing Jurisdiction and Parental Neglect in Termination of Parental Rights: Humphrey v. Skok Introduction In the appellate case Humphrey v. Skok, 156 N.C. App. 533 (2003), the North Carolina...

Enhancing Capital Sentencing Standards: Insights from State v. Haselden

Date: Mar 2, 2003

Enhancing Capital Sentencing Standards: Insights from State v. Haselden Introduction In the landmark case of State of North Carolina v. Jim Edward Haselden (357 N.C. 1, 2003), the Supreme Court of...

Supreme Court of North Carolina Upholds Cost Approach Valuation for Section 42 Low-Income Housing

Date: Feb 2, 2003

Supreme Court of North Carolina Upholds Cost Approach Valuation for Section 42 Low-Income Housing Introduction The case, In the Matter of Appeal of: The Greens of Pine Glen Ltd. Partnership,...

Revisiting the Standard of Review for Habitual DWI Charges: Insights from STATE OF NORTH CAROLINA v. BRIAN ALEXANDER SCOTT

Date: Dec 2, 2002

Revisiting the Standard of Review for Habitual DWI Charges: Insights from STATE OF NORTH CAROLINA v. BRIAN ALEXANDER SCOTT Introduction The case of State of North Carolina v. Brian Alexander Scott...

Disproportionate Death Sentence Overturned in State of North Carolina v. Christene Knapp Kemmerlin

Date: Dec 2, 2002

Disproportionate Death Sentence Overturned in State of North Carolina v. Christene Knapp Kemmerlin Introduction In the landmark case of State of North Carolina v. Christene Knapp Kemmerlin, decided...

Millsaps: Requirement to Instruct on Lesser-Included Second-Degree Murder in Dual First-Degree Murder Theories

Date: Dec 2, 2002

Millsaps: Requirement to Instruct on Lesser-Included Second-Degree Murder in Dual First-Degree Murder Theories Introduction In State of North Carolina v. James Lewis Millsaps, the Supreme Court of...

Liberty Mutual v. Penningtons: UIM Notification Not Bound by Statute of Limitations

Date: Dec 2, 2002

Liberty Mutual v. Penningtons: UIM Notification Not Bound by Statute of Limitations Introduction Liberty Mutual Insurance Co. v. Judy Bass Pennington and Rick Pennington (356 N.C. 571, 2002) is a...

Enhanced Scrutiny for Racial Bias in Jury Selection: State v. Barden

Date: Nov 2, 2002

Enhanced Scrutiny for Racial Bias in Jury Selection: State of North Carolina v. Iziah Barden Introduction State of North Carolina v. Iziah Barden is a landmark case adjudicated by the Supreme Court...

Affirmation of Death Sentence Upholding Proper Venue Change and Effective Counsel in First-Degree Murder Case

Date: Oct 2, 2002

Affirmation of Death Sentence Upholding Proper Venue Change and Effective Counsel in First-Degree Murder Case Introduction In the seminal case of State of North Carolina v. Atted Anthony Prevatte...

Enhanced Scrutiny for Rule 404(b) Evidence Admissibility: Insights from State of North Carolina v. Jathiyah A. Al-Bayyinah

Date: Aug 2, 2002

Enhanced Scrutiny for Rule 404(b) Evidence Admissibility: Insights from State of North Carolina v. Jathiyah A. Al-Bayyinah Introduction State of North Carolina v. Jathiyah A. Al-Bayyinah serves as a...

Affirmation of Constructive Possession Standards in Drug Trafficking: The STATE v. BUTLER Decision

Date: Aug 2, 2002

Affirmation of Constructive Possession Standards in Drug Trafficking: The STATE v. BUTLER Decision Introduction State of North Carolina v. Keith Butler (356 N.C. 141), adjudicated by the Supreme...

Admissibility of Juvenile Adjudication as Aggravating Circumstance in Capital Sentencing: Comprehensive Analysis of STATE OF NORTH CAROLINA v. KEITH DEDRICK WILEY

Date: Jun 2, 2002

Admissibility of Juvenile Adjudication as Aggravating Circumstance in Capital Sentencing: Comprehensive Analysis of STATE OF NORTH CAROLINA v. KEITH DEDRICK WILEY Introduction The case of STATE OF...

Implied Warranty of Merchantability and Circumstantial Evidence: Insights from Franklin R. DEWITT v. EVEREADY BATTERY CO., Inc.

Date: Jun 2, 2002

Implied Warranty of Merchantability and Circumstantial Evidence: Insights from Franklin R. DEWITT v. EVEREADY BATTERY CO., Inc. Introduction The case of Franklin R. DEWITT v. EVEREADY BATTERY CO.,...

Comprehensive Analysis of Joinder and Evidentiary Discretion in STATE v. WILLIAMS Jr.

Date: Jun 2, 2002

Comprehensive Analysis of Joinder and Evidentiary Discretion in State of North Carolina v. John Williams Jr. Introduction In the landmark case of State of North Carolina v. John Williams Jr. (355...

Affirmation of Voluntary Waiver of Rights and Proportionality in Capital Murder Sentencing: State v. Atterry Alvin Hyatt

Date: Jun 2, 2002

Affirmation of Voluntary Waiver of Rights and Proportionality in Capital Murder Sentencing: State of North Carolina v. Atterry Alvin Hyatt Introduction State of North Carolina v. Atterry Alvin Hyatt...

Anderson v. North Carolina Court of Appeals: Reinforcing Standards for Termination of Parental Rights

Date: Jun 2, 2002

Anderson v. North Carolina Court of Appeals: Reinforcing Standards for Termination of Parental Rights Introduction In the case of In re: Mercedes Laurnetta Anderson and Crystal Shanelle Cleo...

Establishing the Burden of Proof in Special Use Permit Decisions: MANN MEDIA v. RANDOLPH COUNTY PLANNING BOARD

Date: Jun 2, 2002

Establishing the Burden of Proof in Special Use Permit Decisions: MANN MEDIA v. RANDOLPH COUNTY PLANNING BOARD Introduction In Mann Media, Inc., doing business as Our State North Carolina; and...

Affirming the Jury’s Role in Defense of Habitation: Insights from State v. Lee Isaac Blue

Date: Jun 2, 2002

Affirming the Jury’s Role in Defense of Habitation: Insights from State of North Carolina v. Lee Isaac Blue Introduction State of North Carolina v. Lee Isaac Blue (356 N.C. 79) is a pivotal judgment...

Excessive Restraint in Kidnapping: Defining Boundaries Beyond Felony-Inherent Actions in STATE OF NORTH CAROLINA v. Mann

Date: Apr 2, 2002

Excessive Restraint in Kidnapping: Defining Boundaries Beyond Felony-Inherent Actions in STATE OF NORTH CAROLINA v. Mann Introduction STATE OF NORTH CAROLINA v. ATLEROY ELWOOD MANN is a pivotal case...