North Carolina Case Commentaries

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

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

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

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

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

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

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

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

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

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),...

Supreme Court Upholds Denial of Anonymous HIV Testing Extension: Key Insights and Implications

Date: Apr 2, 1997

Supreme Court Upholds Denial of Anonymous HIV Testing Extension: Key Insights and Implications Introduction In the landmark case of ACT-UP Triangle (AIDS Coalition to Unleash Power Triangle) v....

Establishing the Sufficiency of Fingerprint and Corroborative Evidence to Overcome Motion to Dismiss: State v. Cross

Date: Apr 2, 1997

Establishing the Sufficiency of Fingerprint and Corroborative Evidence to Overcome Motion to Dismiss: State v. Cross Introduction State of North Carolina v. Thomas Franklin Cross, Jr., 345 N.C. 713...

Morrison v. Clark Lundy Trucking: Establishing Employer Responsibilities in Workers' Compensation

Date: Mar 2, 1997

Morrison v. Clark Lundy Trucking: Establishing Employer Responsibilities in Workers' Compensation Introduction The case of Gloria Morrison v. Clark Lundy Trucking, Incorporated, adjudicated by the...

Reaffirmation of 'Acting in Concert' Doctrine and Standards for Change of Venue: STATE OF NORTH CAROLINA v. Barnes et al.

Date: Feb 2, 1997

Reaffirmation of 'Acting in Concert' Doctrine and Standards for Change of Venue: STATE OF NORTH CAROLINA v. Barnes et al. Introduction In the landmark case of STATE OF NORTH CAROLINA v. WILLIAM LEROY...

Moore's Dinette v. City of Creedmoor: Establishing Municipal Liability under Section 1983

Date: Feb 2, 1997

Moore's Dinette v. City of Creedmoor: Establishing Municipal Liability under Section 1983 Introduction The case of Moore's Dinette v. City of Creedmoor, decided by the Supreme Court of North Carolina...

Timely Filing and Service of Affidavits in Summary Judgment Motions: Precision Fabrics Group, Inc. v. Transformer Sales and Service, Inc.

Date: Nov 2, 1996

Timely Filing and Service of Affidavits in Summary Judgment Motions: Precision Fabrics Group, Inc. v. Transformer Sales and Service, Inc. Introduction Precision Fabrics Group, Inc. v. Transformer...

Safeguarding Defendant's Rights in Capital Trials: Insights from State v. Hartman

Date: Oct 2, 1996

Safeguarding Defendant's Rights in Capital Trials: Insights from State of North Carolina v. Edward Ernest Hartman Introduction State of North Carolina v. Edward Ernest Hartman, 344 N.C. 445 (1996),...

Merger Does Not Render Equitable Claims Moot: Roberts v. Madison Co. Realtors Ass'n

Date: Sep 2, 1996

Merger Does Not Render Equitable Claims Moot: Roberts v. Madison County Realtors Association Introduction Frank Roberts, a long-standing member of the Madison County Realtors Association, Inc....

Effective Assistance of Counsel in Parental Rights Termination: Analysis of Isaac Oghenekevebe Case

Date: Aug 2, 1996

Effective Assistance of Counsel in Parental Rights Termination: Analysis of In the Matter of Isaac Oghenekevebe Introduction The case of In the Matter of Isaac Oghenekevebe, Minor Child (123 N.C....

State v. Crawford: Establishing the Sufficiency of Circumstantial Evidence in First-Degree Murder Convictions

Date: Jul 2, 1996

State v. Crawford: Establishing the Sufficiency of Circumstantial Evidence in First-Degree Murder Convictions Introduction The case of State of North Carolina v. Daryl Fredrick Crawford (344 N.C. 65)...