North Carolina Case Commentaries

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

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

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.

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

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

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

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

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

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

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...

Strict Adherence to Factual Support in Summary Judgment: LOWE v. BRADFORD

Date: Mar 2, 1982

Strict Adherence to Factual Support in Summary Judgment: LOWE v. BRADFORD Introduction The case Harold E. Lowe v. James L. Bradford and Wife, Joy S. Bradford (305 N.C. 366) adjudicated by the Supreme...

Clarifying Appeal Timeliness and Identification Admissibility: State v. Thomas Turner, Jr. (305 N.C. 356)

Date: Mar 2, 1982

Clarifying Appeal Timeliness and Identification Admissibility: State v. Thomas Turner, Jr. (305 N.C. 356) Introduction State of North Carolina v. Thomas Turner, Jr. is a pivotal 1982 decision by the...

Clarifying Felonious Larceny and Possession of Stolen Property: Insights from STATE v. PERRY

Date: Mar 2, 1982

Clarifying Felonious Larceny and Possession of Stolen Property: Insights from State of North Carolina v. Ulysees Perry Introduction State of North Carolina v. Ulysees Perry is a pivotal 1982 decision...

Voluntariness of Confession and Self-Defense Rights: Insights from State of North Carolina v. Dwayne Tyrone Hunter

Date: Jan 2, 1982

Voluntariness of Confession and Self-Defense Rights: Insights from State of North Carolina v. Dwayne Tyrone Hunter Introduction State of North Carolina v. Dwayne Tyrone Hunter (305 N.C. 106) is a...

Establishing Strict Criteria for Lesser Included Offenses in First Degree Burglary with Intent to Rape: A Commentary on STATE OF NORTH CAROLINA v. THOMAS WALTER WRIGHT

Date: Nov 2, 1981

Establishing Strict Criteria for Lesser Included Offenses in First Degree Burglary with Intent to Rape: A Commentary on STATE OF NORTH CAROLINA v. THOMAS WALTER WRIGHT Introduction The case of State...

Clarity in Jury Instructions: Ensuring Consistency with Indictment in North Carolina v. Taylor

Date: Nov 2, 1981

Clarity in Jury Instructions: Ensuring Consistency with Indictment in State of North Carolina v. Norris Carlton Taylor Introduction Case: State of North Carolina v. Norris Carlton Taylor Court:...

Redefining "Deadly Weapon" in First-Degree Rape and Ensuring Indictment Sufficiency in STATE OF NORTH CAROLINA v. ARDELL STURDIVANT

Date: Nov 2, 1981

Redefining "Deadly Weapon" in First-Degree Rape and Ensuring Indictment Sufficiency in STATE OF NORTH CAROLINA v. ARDELL STURDIVANT Introduction STATE OF NORTH CAROLINA v. ARDELL STURDIVANT, 304 N.C....

Establishing Limits on Kidnapping Charges in Felony Murder Cases

Date: Oct 2, 1981

Establishing Limits on Kidnapping Charges in Felony Murder Cases Introduction In the landmark case of State of North Carolina v. Laverne Ray Irwin (304 N.C. 93), decided by the Supreme Court of North...

Causation and Aggravation in Workers' Compensation: HANSEL v. SHERMAN TEXTILES Sets Precedent

Date: Oct 2, 1981

Causation and Aggravation in Workers' Compensation: HANSEL v. SHERMAN TEXTILES Sets Precedent Introduction HANSEL v. SHERMAN TEXTILES is a landmark case adjudicated by the Supreme Court of North...

Apportionment of Disability Compensation in Workers' Claims: MORRISON v. BURLINGTON INDUSTRIES

Date: Oct 2, 1981

Apportionment of Disability Compensation in Workers' Claims: MORRISON v. BURLINGTON INDUSTRIES Introduction MORRISON v. BURLINGTON INDUSTRIES, Employee, Plaintiff v. Burlington Industries, Employer,...