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  • Commentaries
  • Judgments

North Carolina Case Commentaries

Unanimity in Jury Verdicts: The Lyons Decision and Its Implications

Unanimity in Jury Verdicts: The Lyons Decision and Its Implications

Date: Dec 2, 1991
Unanimity in Jury Verdicts: The Lyons Decision and Its Implications Introduction STATE OF NORTH CAROLINA v. OTIS REGINALD LYONS (412 S.E.2d 308) is a pivotal Supreme Court of North Carolina decision...
Affirmation of Public Duty Doctrine in Law Enforcement Liability

Affirmation of Public Duty Doctrine in Law Enforcement Liability

Date: Dec 2, 1991
Affirmation of Public Duty Doctrine in Law Enforcement Liability Introduction The case of Michael Keith Braswell, Administrator of the Estate of Lillie Stancil Braswell, Deceased v. Billy R. Braswell...
Davis v. Dennis Lilly Co.: Upholding Employment Contract Compensation Rights

Davis v. Dennis Lilly Co.: Upholding Employment Contract Compensation Rights

Date: Dec 2, 1991
Davis v. Dennis Lilly Co.: Upholding Employment Contract Compensation Rights Introduction In the landmark case J. REX DAVIS v. THE DENNIS LILLY COMPANY, decided by the Supreme Court of North Carolina...
Appellate Review Limited to Assigned Errors in Child Support Modifications: Insights from LOIS E. KOUFMAN v. JAMES A. KOUFMAN

Appellate Review Limited to Assigned Errors in Child Support Modifications: Insights from LOIS E. KOUFMAN v. JAMES A. KOUFMAN

Date: Oct 2, 1991
Appellate Review Limited to Assigned Errors in Child Support Modifications: Insights from LOIS E. KOUFMAN v. JAMES A. KOUFMAN Introduction The case of Lois E. Koufman v. James A. Koufman, reported in...
Judicial Restraint in Administrative Processes: Granville County Board v. North Carolina Hazardous Waste Management Commission

Judicial Restraint in Administrative Processes: Granville County Board v. North Carolina Hazardous Waste Management Commission

Date: Aug 2, 1991
Judicial Restraint in Administrative Processes: Granville County Board v. North Carolina Hazardous Waste Management Commission Introduction The case of Granville County Board of Commissioners v....
Admissibility of Prior Similar Crimes and Sentencing Instructions: Insights from STATE OF NORTH CAROLINA v. BARBARA T. STAGER

Admissibility of Prior Similar Crimes and Sentencing Instructions: Insights from STATE OF NORTH CAROLINA v. BARBARA T. STAGER

Date: Aug 2, 1991
Admissibility of Prior Similar Crimes and Sentencing Instructions: Insights from STATE OF NORTH CAROLINA v. BARBARA T. STAGER Introduction In the landmark case STATE OF NORTH CAROLINA v. BARBARA T....
Substantial Certainty Standard in Workers' Compensation and Civil Liability

Substantial Certainty Standard in Workers' Compensation and Civil Liability

Date: Aug 2, 1991
Substantial Certainty Standard in Workers' Compensation and Civil Liability Introduction SUSIE MAE WOODSON, ADMINISTRATOR OF THE ESTATE OF THOMAS ALFORD SPROUSE, DECEASED v. NEAL MORRIS ROWLAND;...
McPhail v. North Carolina: Clarifying Jury Instructions on Mitigating Circumstances in Capital Sentencing

McPhail v. North Carolina: Clarifying Jury Instructions on Mitigating Circumstances in Capital Sentencing

Date: Aug 2, 1991
McPhail v. North Carolina: Clarifying Jury Instructions on Mitigating Circumstances in Capital Sentencing Introduction The case of State of North Carolina v. Frederick Wayne McPhail (329 N.C. 636)...
Admissibility of Evidence Showing Malice and Motive: Insights from STATE OF NORTH CAROLINA v. TERRY

Admissibility of Evidence Showing Malice and Motive: Insights from STATE OF NORTH CAROLINA v. TERRY

Date: Jun 2, 1991
Admissibility of Evidence Showing Malice and Motive: Insights from STATE OF NORTH CAROLINA v. CALVIN FAYE TERRY Introduction STATE OF NORTH CAROLINA v. CALVIN FAYE TERRY, 329 N.C. 191 (1991), is a...
State v. Bonney: Reinforcing the McKoy Standard for Unanimous Jury Consideration of Mitigating Circumstances

State v. Bonney: Reinforcing the McKoy Standard for Unanimous Jury Consideration of Mitigating Circumstances

Date: Jun 2, 1991
State v. Bonney: Reinforcing the McKoy Standard for Unanimous Jury Consideration of Mitigating Circumstances Introduction State of North Carolina v. Thomas Lee Bonney is a landmark decision by the...
Raeford Farms v. Hajmm Company: Establishing Limits on Expert Testimony and Clarifying Unfair Practices in Securities Transactions

Raeford Farms v. Hajmm Company: Establishing Limits on Expert Testimony and Clarifying Unfair Practices in Securities Transactions

Date: May 2, 1991
Raeford Farms v. Hajmm Company: Establishing Limits on Expert Testimony and Clarifying Unfair Practices in Securities Transactions Introduction In the landmark case of The Hajmm Company v. House of...
LYNN v. OVERLOOK DEVELOPMENT: Establishing Intervening Cause in Municipal Liability

LYNN v. OVERLOOK DEVELOPMENT: Establishing Intervening Cause in Municipal Liability

Date: May 2, 1991
LYNN v. OVERLOOK DEVELOPMENT: Establishing Intervening Cause in Municipal Liability Introduction LYNN v. OVERLOOK DEVELOPMENT, 328 N.C. 689 (1991), is a landmark case adjudicated by the Supreme Court...
Subrogation Rights of Tiered Subcontractors: North Carolina's Pioneering Lien Framework

Subrogation Rights of Tiered Subcontractors: North Carolina's Pioneering Lien Framework

Date: May 2, 1991
Subrogation Rights of Tiered Subcontractors: North Carolina's Pioneering Lien Framework Introduction In the landmark case Electric Supply Co. of Durham, Inc. v. Swain Electrical Co., Inc., Davidson...
Vulnerability of Sleeping Victims Recognized as Aggravating Factor in Sentencing: State v. Thompson

Vulnerability of Sleeping Victims Recognized as Aggravating Factor in Sentencing: State v. Thompson

Date: Apr 2, 1991
Vulnerability of Sleeping Victims Recognized as Aggravating Factor in Sentencing: State v. Thompson Introduction State of North Carolina v. Mark Edward Thompson is a pivotal judgment rendered by the...
Affirmation of Fifth Amendment Privilege and Reliability of Informants in State v. Eason

Affirmation of Fifth Amendment Privilege and Reliability of Informants in State v. Eason

Date: Apr 2, 1991
Affirmation of Fifth Amendment Privilege and Reliability of Informants in State v. Eason Introduction In State of North Carolina v. Jerry Wayne Eason, 328 N.C. 409 (1991), the Supreme Court of North...
Sufficiency of Circumstantial Evidence in Establishing Premeditation and Deliberation in First-Degree Murder Cases

Sufficiency of Circumstantial Evidence in Establishing Premeditation and Deliberation in First-Degree Murder Cases

Date: Feb 2, 1991
Sufficiency of Circumstantial Evidence in Establishing Premeditation and Deliberation in First-Degree Murder Cases Introduction State of North Carolina v. Arthur Martin Vause, Jr., 328 N.C. 231...
Clarifying Sentencing Standards under the Fair Sentencing Act: State v. Johnny Michael Small

Clarifying Sentencing Standards under the Fair Sentencing Act: State v. Johnny Michael Small

Date: Feb 2, 1991
Clarifying Sentencing Standards under the Fair Sentencing Act: State v. Johnny Michael Small Introduction State of North Carolina v. Johnny Michael Small, 328 N.C. 175 (1991), adjudicated by the...
Limiting Employer Liability: Scope of Employment in School Board Negligence under MEDLIN v. BASS

Limiting Employer Liability: Scope of Employment in School Board Negligence under MEDLIN v. BASS

Date: Dec 2, 1990
Limiting Employer Liability: Scope of Employment in School Board Negligence under MEDLIN v. BASS Introduction MEDLIN v. BASS, 327 N.C. 587 (1990), adjudicated by the Supreme Court of North Carolina,...
Limitations on Expert Testimony Regarding Premeditation in First-Degree Murder Cases

Limitations on Expert Testimony Regarding Premeditation in First-Degree Murder Cases

Date: Dec 2, 1990
Limitations on Expert Testimony Regarding Premeditation in First-Degree Murder Cases Introduction State of North Carolina v. Melvin Claude Rose, Jr. (327 N.C. 599, 1990) is a landmark decision by the...
North Carolina Supreme Court Expands Standards for Negligent Infliction of Emotional Distress in JOHNSON v. RUARK OBSTETRICS

North Carolina Supreme Court Expands Standards for Negligent Infliction of Emotional Distress in JOHNSON v. RUARK OBSTETRICS

Date: Aug 2, 1990
North Carolina Supreme Court Expands Standards for Negligent Infliction of Emotional Distress in JOHNSON v. RUARK OBSTETRICS Introduction The Supreme Court of North Carolina, in the landmark case of...
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