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  • Commentaries
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North Carolina Case Commentaries

North Carolina Supreme Court Upholds Corum Claims Piercing State Sovereign Immunity in Regulatory Enforcement

North Carolina Supreme Court Upholds Corum Claims Piercing State Sovereign Immunity in Regulatory Enforcement

Date: Aug 24, 2024
North Carolina Supreme Court Upholds Corum Claims Piercing State Sovereign Immunity in Regulatory Enforcement Introduction In the landmark case KODY KINSLEY, in his official capacity as Secretary of...
Affirmation of Multiple Human Trafficking Counts per Victim under N.C. G.S. § 14-43.11

Affirmation of Multiple Human Trafficking Counts per Victim under N.C. G.S. § 14-43.11

Date: Aug 24, 2024
Affirmation of Multiple Human Trafficking Counts per Victim under N.C. G.S. § 14-43.11 Introduction The Supreme Court of North Carolina, in the case of State of North Carolina v. Robin Applewhite...
North Carolina v. Phillip Brandon Daw: Reinforcing the Boundaries of Habeas Corpus Under N.C.G.S. § 17-4

North Carolina v. Phillip Brandon Daw: Reinforcing the Boundaries of Habeas Corpus Under N.C.G.S. § 17-4

Date: Aug 24, 2024
North Carolina v. Phillip Brandon Daw: Reinforcing the Boundaries of Habeas Corpus Under N.C.G.S. § 17-4 Introduction In the landmark case of State of North Carolina v. Phillip Brandon Daw (904...
Actual Notice Suffices for Policy Cancellation under N.C. G.S. § 58-44-16(f)(10): Ha v. Nationwide General Insurance

Actual Notice Suffices for Policy Cancellation under N.C. G.S. § 58-44-16(f)(10): Ha v. Nationwide General Insurance

Date: Aug 24, 2024
Actual Notice Suffices for Policy Cancellation under N.C. G.S. § 58-44-16(f)(10): Ha v. Nationwide General Insurance Introduction The Supreme Court of North Carolina, in the landmark case Ha v....
Eminent Domain and Development Rights: Comprehensive Analysis of Department of Transportation v. Bloomsbury Estates

Eminent Domain and Development Rights: Comprehensive Analysis of Department of Transportation v. Bloomsbury Estates

Date: Aug 24, 2024
Eminent Domain and Development Rights: Comprehensive Analysis of Department of Transportation v. Bloomsbury Estates Introduction The case of Department of Transportation v. Bloomsbury Estates, LLC,...
Text Prevails Over Zoning Tables: Establishing Clarity in Zoning Ordinances

Text Prevails Over Zoning Tables: Establishing Clarity in Zoning Ordinances

Date: Aug 24, 2024
Text Prevails Over Zoning Tables: Establishing Clarity in Zoning Ordinances Introduction The case of Alison Arter v. Orange County, Stephen M. Burt, Sharon C. Burt, Jodi Bakst, and Real Estate...
Establishing the "Open and Obvious Risk" Principle: Cullen v. Logan Developers, Inc.

Establishing the "Open and Obvious Risk" Principle: Cullen v. Logan Developers, Inc.

Date: Aug 24, 2024
Establishing the "Open and Obvious Risk" Principle: Cullen v. Logan Developers, Inc. Introduction In the landmark case of Cullen v. Logan Developers, Inc., 904 S.E.2d 730 (N.C. 2024), the Supreme...
Clarification of Castle Doctrine Under North Carolina Statutes: State v. Angela Benita Phillips

Clarification of Castle Doctrine Under North Carolina Statutes: State v. Angela Benita Phillips

Date: Aug 24, 2024
Clarification of Castle Doctrine Under North Carolina Statutes: State v. Angela Benita Phillips Introduction In the landmark case State of North Carolina v. Angela Benita Phillips (905 S.E.2d 23,...
Reaffirming Substantial Evidence Standards and Excited Utterance Exception in Robbery Cases: State v. Travis Davenport

Reaffirming Substantial Evidence Standards and Excited Utterance Exception in Robbery Cases: State v. Travis Davenport

Date: Aug 24, 2024
Reaffirming Substantial Evidence Standards and Excited Utterance Exception in Robbery Cases: State v. Travis Davenport Introduction The Supreme Court of North Carolina, in the case of State of North...
Distinction Between Claims and Causes of Action in Statute of Limitations: NC Supreme Court's Ruling in EPCON Homestead v. Town of Chapel Hill

Distinction Between Claims and Causes of Action in Statute of Limitations: NC Supreme Court's Ruling in EPCON Homestead v. Town of Chapel Hill

Date: Jul 17, 2024
Distinction Between Claims and Causes of Action in Statute of Limitations: NC Supreme Court's Ruling in EPCON Homestead v. Town of Chapel Hill Introduction The case of EPCON Homestead, LLC v. Town of...
North Carolina Supreme Court Establishes New Precedent: Administrative Exhaustion Not Required for Corum Claims Under State Constitution

North Carolina Supreme Court Establishes New Precedent: Administrative Exhaustion Not Required for Corum Claims Under State Constitution

Date: Jun 29, 2024
North Carolina Supreme Court Establishes New Precedent: Administrative Exhaustion Not Required for Corum Claims Under State Constitution Introduction The case of Joseph Askew, Charlie Gordon Wade...
Implied Force in Sexual Battery Indictments: State v. Eric Pierre Stewart

Implied Force in Sexual Battery Indictments: State v. Eric Pierre Stewart

Date: May 24, 2024
Implied Force in Sexual Battery Indictments: State v. Eric Pierre Stewart Introduction State of North Carolina v. Eric Pierre Stewart (900 S.E.2d 652) is a landmark decision by the Supreme Court of...
North Carolina Supreme Court Clarifies Distinction Between Collection and Enforcement Costs under the Fines and Forfeitures Clause in Red Light Camera Enforcement Programs

North Carolina Supreme Court Clarifies Distinction Between Collection and Enforcement Costs under the Fines and Forfeitures Clause in Red Light Camera Enforcement Programs

Date: May 24, 2024
North Carolina Supreme Court Clarifies Distinction Between Collection and Enforcement Costs under the Fines and Forfeitures Clause in Red Light Camera Enforcement Programs Introduction The case of...
State of North Carolina v. Joshua Reber: Reinforcing Standards for Plain Error and Rule 404(b) Evidence

State of North Carolina v. Joshua Reber: Reinforcing Standards for Plain Error and Rule 404(b) Evidence

Date: May 24, 2024
State of North Carolina v. Joshua Reber: Reinforcing Standards for Plain Error and Rule 404(b) Evidence Introduction In the landmark case State of North Carolina v. Joshua David Reber (900 S.E.2d...
Broad Application of Absolute Privilege in Election Protests: North Carolina Supreme Court Affirms Comprehensive Protection Against Defamation Claims

Broad Application of Absolute Privilege in Election Protests: North Carolina Supreme Court Affirms Comprehensive Protection Against Defamation Claims

Date: May 24, 2024
Broad Application of Absolute Privilege in Election Protests: North Carolina Supreme Court Affirms Comprehensive Protection Against Defamation Claims Introduction In the landmark case of Bouvier,...
'Sexual Behavior' Defined Broadly Under Rule 412 in State of North Carolina v. Mack Washington

'Sexual Behavior' Defined Broadly Under Rule 412 in State of North Carolina v. Mack Washington

Date: May 24, 2024
'Sexual Behavior' Defined Broadly Under Rule 412 in State of North Carolina v. Mack Washington Introduction In the landmark case State of North Carolina v. Mack Washington, the Supreme Court of North...
Abrogation of Common Law Pleading Requirements: STATE OF NORTH CAROLINA v. CHARLES SINGLETON

Abrogation of Common Law Pleading Requirements: STATE OF NORTH CAROLINA v. CHARLES SINGLETON

Date: May 24, 2024
Abrogation of Common Law Pleading Requirements: STATE OF NORTH CAROLINA v. CHARLES SINGLETON Introduction In the seminal case of STATE OF NORTH CAROLINA v. CHARLES SINGLETON, 900 S.E.2d 802 (2024),...
North Carolina Supreme Court Clarifies Interaction Between Castle Doctrine and Lying in Wait in Murder Convictions

North Carolina Supreme Court Clarifies Interaction Between Castle Doctrine and Lying in Wait in Murder Convictions

Date: May 24, 2024
North Carolina Supreme Court Clarifies Interaction Between Castle Doctrine and Lying in Wait in Murder Convictions Introduction In the landmark case of State of North Carolina v. Chad Cameron Copley,...
Affirmation of Adequate State Remedies Over Corum Claims in Speedy Trial Violations

Affirmation of Adequate State Remedies Over Corum Claims in Speedy Trial Violations

Date: Mar 23, 2024
Affirmation of Adequate State Remedies Over Corum Claims in Speedy Trial Violations Introduction The case of Frankie Delano Washington and Frankie Delano Washington, Jr. v. Tracey Cline et al....
Halikierra Community Services LLC v. North Carolina DHHS: Upholding Prepayment Review Under Due Process and Equal Protection

Halikierra Community Services LLC v. North Carolina DHHS: Upholding Prepayment Review Under Due Process and Equal Protection

Date: Mar 23, 2024
Halikierra Community Services LLC v. North Carolina Department of Health and Human Services: Upholding Prepayment Review Under Due Process and Equal Protection Introduction In the case of Halikierra...
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