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  • Commentaries
  • Judgments

North Carolina Case Commentaries

Overruling the Harris Rule: Evidentiary Approach to Lesser Included Offense Instructions in First Degree Murder Cases

Overruling the Harris Rule: Evidentiary Approach to Lesser Included Offense Instructions in First Degree Murder Cases

Date: Jan 2, 1983
Overruling the Harris Rule: Evidentiary Approach to Lesser Included Offense Instructions in First Degree Murder Cases Introduction State of North Carolina v. Andrew D. Strickland is a pivotal case...
Harmless Error in Jury Instructions on Self-Defense and Malice: STATE OF NORTH CAROLINA v. JAMES A. BUSH

Harmless Error in Jury Instructions on Self-Defense and Malice: STATE OF NORTH CAROLINA v. JAMES A. BUSH

Date: Dec 2, 1982
Harmless Error in Jury Instructions on Self-Defense and Malice: STATE OF NORTH CAROLINA v. JAMES A. BUSH Introduction In the landmark case of STATE OF NORTH CAROLINA v. JAMES A. BUSH, the Supreme...
Essential Elements Must Be Accurately Instructed to Jurors: STATE OF NORTH CAROLINA v. VICKIE ANN EARNHARDT AND WILLIAM CARL KELLER

Essential Elements Must Be Accurately Instructed to Jurors: STATE OF NORTH CAROLINA v. VICKIE ANN EARNHARDT AND WILLIAM CARL KELLER

Date: Nov 2, 1982
Essential Elements Must Be Accurately Instructed to Jurors Introduction The case of State of North Carolina v. Vickie Ann Earnhardt and William Carl Keller (307 N.C. 62) presents a significant...
State v. Weaver: Redefining Lesser Included Offenses in First-Degree Rape Cases

State v. Weaver: Redefining Lesser Included Offenses in First-Degree Rape Cases

Date: Oct 2, 1982
State v. Weaver: Redefining Lesser Included Offenses in First-Degree Rape Cases Introduction In the landmark case of State of North Carolina v. Henry Weaver (306 N.C. 629, 1982), the Supreme Court of...
Clarifying Standards for Terminating Parental Rights: Moore v. Department of Social Services

Clarifying Standards for Terminating Parental Rights: Moore v. Department of Social Services

Date: Jul 2, 1982
Clarifying Standards for Terminating Parental Rights: Moore v. Department of Social Services Introduction The case of In the Matter of Connie Marie Moore and Donnie Lee Moore, Minors (306 N.C. 394)...
Unified Jurisdiction in Products Liability: Bernick v. Cooper Establishes State Law Governing Warranty Claims

Unified Jurisdiction in Products Liability: Bernick v. Cooper Establishes State Law Governing Warranty Claims

Date: Jul 2, 1982
Unified Jurisdiction in Products Liability: Bernick v. Cooper Establishes State Law Governing Warranty Claims Introduction William M. Bernick filed a lawsuit against Craig Jurden, Cooper of Canada,...
Probable Cause and Affidavit Staleness in Search Warrants: Insights from State v. McKinnon

Probable Cause and Affidavit Staleness in Search Warrants: Insights from State v. McKinnon

Date: Jul 2, 1982
Probable Cause and Affidavit Staleness in Search Warrants: Insights from State of North Carolina v. Bernard Reid McKinnon Introduction State of North Carolina v. Bernard Reid McKinnon, 306 N.C. 288...
State Third-Party Defendants Admitted in North Carolina State Courts: An In-Depth Analysis of TEACHY v. COBLE DAIRIES, INC.

State Third-Party Defendants Admitted in North Carolina State Courts: An In-Depth Analysis of TEACHY v. COBLE DAIRIES, INC.

Date: Jul 2, 1982
State Third-Party Defendants Admitted in North Carolina State Courts: An In-Depth Analysis of TEACHY v. COBLE DAIRIES, INC. Introduction In the landmark case of LELA J. TEACHY, ADMINISTRATRIX OF THE...
Inverse Condemnation as Exclusive Remedy in Airport Noise Cases: Long v. City of Charlotte

Inverse Condemnation as Exclusive Remedy in Airport Noise Cases: Long v. City of Charlotte

Date: Jul 2, 1982
Inverse Condemnation as Exclusive Remedy in Airport Noise Cases: Long v. City of Charlotte Introduction In Charles G. Long, Jr., and Wife, Mary P. Long v. City of Charlotte, A Municipal Corporation,...
Discovery Limitations and Harmless Error in Capital Cases: State of North Carolina v. David J. Brown

Discovery Limitations and Harmless Error in Capital Cases: State of North Carolina v. David J. Brown

Date: Jul 2, 1982
Discovery Limitations and Harmless Error in Capital Cases: State of North Carolina v. David J. Brown Introduction The case of State of North Carolina v. David J. Brown, adjudicated by the Supreme...
Lackey v. North Carolina: Defining Substantial Evidence and Burden Shifts in Medicaid Disability Determinations

Lackey v. North Carolina: Defining Substantial Evidence and Burden Shifts in Medicaid Disability Determinations

Date: Jul 2, 1982
Lackey v. North Carolina: Defining Substantial Evidence and Burden Shifts in Medicaid Disability Determinations Introduction Lackey v. North Carolina Department of Human Resources, Division of...
State v. Branch (1982): Upholding Due Process in Continuance and Confession Standards

State v. Branch (1982): Upholding Due Process in Continuance and Confession Standards

Date: Jun 2, 1982
State v. Branch (1982): Upholding Due Process in Continuance and Confession Standards Introduction The case of State of North Carolina v. Charles Joe Branch, decided by the Supreme Court of North...
Affirmation of Fourth Amendment Protections: Unlawful Warrantless Search of Defendant's Suitcase in STATE OF NORTH CAROLINA v. DONALD DALE COOKE

Affirmation of Fourth Amendment Protections: Unlawful Warrantless Search of Defendant's Suitcase in STATE OF NORTH CAROLINA v. DONALD DALE COOKE

Date: Jun 2, 1982
Affirmation of Fourth Amendment Protections: Unlawful Warrantless Search of Defendant's Suitcase in STATE OF NORTH CAROLINA v. DONALD DALE COOKE Introduction The case of STATE OF NORTH CAROLINA v....
Reinforcing the Boundaries of Judicial Discretion and Sentencing Guidelines: STATE OF NORTH CAROLINA v. Kermit Smith, Jr.

Reinforcing the Boundaries of Judicial Discretion and Sentencing Guidelines: STATE OF NORTH CAROLINA v. Kermit Smith, Jr.

Date: Jun 2, 1982
Reinforcing the Boundaries of Judicial Discretion and Sentencing Guidelines: State of North Carolina v. Kermit Smith, Jr. (305 N.C. 691) Introduction State of North Carolina v. Kermit Smith, Jr.,...
Pinch v. State: Affirmation of Reciprocal Aggravating Circumstances and Jury Exclusion Standards in Capital Sentencing

Pinch v. State: Affirmation of Reciprocal Aggravating Circumstances and Jury Exclusion Standards in Capital Sentencing

Date: Jun 2, 1982
Pinch v. State: Affirmation of Reciprocal Aggravating Circumstances and Jury Exclusion Standards in Capital Sentencing Introduction In State of North Carolina v. Michael Edward Pinch (306 N.C. 1,...
Miranda Applicability in Non-Custodial Confessions: State v. Davis

Miranda Applicability in Non-Custodial Confessions: State v. Davis

Date: May 2, 1982
Miranda Applicability in Non-Custodial Confessions: State v. Davis Introduction State of North Carolina v. James Edward Davis, 305 N.C. 400 (1982), is a seminal case in North Carolina's jurisprudence...
Discretionary Power of Trial Judges Under Rule 59: Insights from WORTHINGTON v. BYNUM

Discretionary Power of Trial Judges Under Rule 59: Insights from WORTHINGTON v. BYNUM

Date: May 2, 1982
Discretionary Power of Trial Judges Under Rule 59: Insights from WORTHINGTON v. BYNUM Introduction The case of Ben F. Worthington v. William Anderson Bynum and Jesse Cogdell, Jr., reported at 305...
Attractive Nuisance Doctrine and Liability in Easement Context: Insights from Green v. Duke Power Company

Attractive Nuisance Doctrine and Liability in Easement Context: Insights from Green v. Duke Power Company

Date: May 2, 1982
Attractive Nuisance Doctrine and Liability in Easement Context: Insights from Green v. Duke Power Company Introduction Green v. Duke Power Company, 305 N.C. 603 (1982), is a pivotal case adjudicated...
Enhancing Judicial Accountability in Alimony Awards: Insights from VERA H. QUICK v. W. B. QUICK

Enhancing Judicial Accountability in Alimony Awards: Insights from VERA H. QUICK v. W. B. QUICK

Date: May 2, 1982
Enhancing Judicial Accountability in Alimony Awards: Insights from VERA H. QUICK v. W. B. QUICK Introduction VERA H. QUICK v. W. B. QUICK (305 N.C. 446) is a landmark decision by the Supreme Court of...
North Carolina Supreme Court Establishes Reasonableness Test for Aesthetic Zoning Ordinances in STATE v. JONES

North Carolina Supreme Court Establishes Reasonableness Test for Aesthetic Zoning Ordinances in STATE v. JONES

Date: May 2, 1982
North Carolina Supreme Court Establishes Reasonableness Test for Aesthetic Zoning Ordinances in STATE v. JONES Introduction In State of North Carolina v. Mack H. Jones, the Supreme Court of North...
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