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  • Commentaries
  • Judgments

North Carolina Case Commentaries

Independent Proceedings Under the Habitual Felons Act: Analyzing STATE OF NORTH CAROLINA v. FRED BRENT ALLEN

Independent Proceedings Under the Habitual Felons Act: Analyzing STATE OF NORTH CAROLINA v. FRED BRENT ALLEN

Date: Apr 2, 1977
Independent Proceedings Under the Habitual Felons Act: Analyzing State of North Carolina v. Fred Brent Allen (292 N.C. 431) Introduction In the landmark case of State of North Carolina v. Fred Brent...
Establishing the "Whole Record Test" in Judicial Review of Teacher Dismissals

Establishing the "Whole Record Test" in Judicial Review of Teacher Dismissals

Date: Apr 2, 1977
Establishing the "Whole Record Test" in Judicial Review of Teacher Dismissals Introduction Leonard K. Thompson v. Wake County Board of Education (292 N.C. 406) is a landmark case adjudicated by the...
Clarifying "Arises Out Of Employment" in Workmen's Compensation: GALLIMORE v. MARILYN'S SHOES

Clarifying "Arises Out Of Employment" in Workmen's Compensation: GALLIMORE v. MARILYN'S SHOES

Date: Apr 2, 1977
Clarifying "Arises Out Of Employment" in Workmen's Compensation: GALLIMORE v. MARILYN'S SHOES Introduction The case of GALLIMORE v. MARILYN'S SHOES (292 N.C. 399) serves as a pivotal judgment in the...
Life Imprisonment Substituted for Death Penalty in STATE OF NORTH CAROLINA v. SMITH and FOSTER

Life Imprisonment Substituted for Death Penalty in STATE OF NORTH CAROLINA v. SMITH and FOSTER

Date: Jan 2, 1977
Life Imprisonment Substituted for Death Penalty in STATE OF NORTH CAROLINA v. SMITH and FOSTER Introduction In the landmark case of STATE OF NORTH CAROLINA v. DAVID BENJAMIN SMITH (ALIAS DAVID...
State v. Irick: North Carolina Supreme Court Upholds Fingerprint and Bloodhound Evidence, Clarifies Nontestimonial Identification, and Addresses Mandatory Sentencing Procedures

State v. Irick: North Carolina Supreme Court Upholds Fingerprint and Bloodhound Evidence, Clarifies Nontestimonial Identification, and Addresses Mandatory Sentencing Procedures

Date: Jan 2, 1977
State v. Irick: North Carolina Supreme Court Upholds Fingerprint and Bloodhound Evidence, Clarifies Nontestimonial Identification, and Addresses Mandatory Sentencing Procedures Introduction In the...
Establishing In Personam Jurisdiction Over Foreign Corporations: Insights from Thomas A. Dillon III v. Numismatic Funding Corporation

Establishing In Personam Jurisdiction Over Foreign Corporations: Insights from Thomas A. Dillon III v. Numismatic Funding Corporation

Date: Jan 2, 1977
Establishing In Personam Jurisdiction Over Foreign Corporations: Insights from Thomas A. Dillon III v. Numismatic Funding Corporation Introduction The case of Thomas A. Dillon III v. Numismatic...
North Carolina Supreme Court Reinforces Statutory Limits on Utilities Commission’s Rate Adjustment Powers

North Carolina Supreme Court Reinforces Statutory Limits on Utilities Commission’s Rate Adjustment Powers

Date: Jan 2, 1977
North Carolina Supreme Court Reinforces Statutory Limits on Utilities Commission’s Rate Adjustment Powers Introduction The case of State of North Carolina ex rel. Utilities Commission and Duke Power...
Enhanced Supervisory Duty of Swim Facility Operators: Permastone v. Manganello

Enhanced Supervisory Duty of Swim Facility Operators: Permastone v. Manganello

Date: Jan 2, 1977
Enhanced Supervisory Duty of Swim Facility Operators: Permastone v. Manganello Introduction Permastone, Inc. v. Manganello, 291 N.C. 666 (Supreme Court of North Carolina, 1977), is a landmark case...
Affirmation of Counsel Retention and Identification Standards in STATE OF NORTH CAROLINA v. Ivey Sweezy, Jr.

Affirmation of Counsel Retention and Identification Standards in STATE OF NORTH CAROLINA v. Ivey Sweezy, Jr.

Date: Dec 2, 1976
Affirmation of Counsel Retention and Identification Standards in STATE OF NORTH CAROLINA v. Ivey Sweezy, Jr. Introduction STATE OF NORTH CAROLINA v. Ivey Sweezy, Jr. is a landmark case adjudicated by...
North Carolina Supreme Court Establishes Strict Standards for Punitive Damages in Insurance Contract Breaches

North Carolina Supreme Court Establishes Strict Standards for Punitive Damages in Insurance Contract Breaches

Date: Nov 2, 1976
North Carolina Supreme Court Establishes Strict Standards for Punitive Damages in Insurance Contract Breaches Introduction In the landmark case of Charles A. Newton, doing business as Newton's Home...
State of North Carolina v. Harris: Life Imprisonment Prevails Over Invalidated Death Penalty

State of North Carolina v. Harris: Life Imprisonment Prevails Over Invalidated Death Penalty

Date: Oct 2, 1976
State of North Carolina v. Harris: Life Imprisonment Prevails Over Invalidated Death Penalty Introduction State of North Carolina v. Waymon Edward Harris (290 N.C. 681) is a pivotal case adjudicated...
Admissibility of In-Court Identification and Aiding and Abetting in Felony-Murder Cases: Analysis of State v. Covington et al., 290 N.C. 313 (1976)

Admissibility of In-Court Identification and Aiding and Abetting in Felony-Murder Cases: Analysis of State v. Covington et al., 290 N.C. 313 (1976)

Date: Jul 2, 1976
Admissibility of In-Court Identification and Aiding and Abetting in Felony-Murder Cases: Analysis of State v. Covington et al., 290 N.C. 313 (1976) Introduction The case of State of North Carolina v....
Shackling of Defendants: Preservation of Rights and Waiver in North Carolina Legal Precedent

Shackling of Defendants: Preservation of Rights and Waiver in North Carolina Legal Precedent

Date: Jul 2, 1976
Shackling of Defendants: Preservation of Rights and Waiver in North Carolina Legal Precedent Introduction The case State of North Carolina v. Perry Lee Tolley (290 N.C. 349, 1976) addresses critical...
Establishing the Applicability and Constitutionality of G.S. 20-91.1 in Tax Collection: Cedar Creek Enterprises, Inc. v. State of North Carolina DMV

Establishing the Applicability and Constitutionality of G.S. 20-91.1 in Tax Collection: Cedar Creek Enterprises, Inc. v. State of North Carolina DMV

Date: Jul 2, 1976
Establishing the Applicability and Constitutionality of G.S. 20-91.1 in Tax Collection: Cedar Creek Enterprises, Inc. v. State of North Carolina DMV Introduction In the landmark case of Cedar Creek...
Right of Immediate Appeal from Interlocutory Orders Affecting Substantial Rights: Oestreicher v. American National Stores

Right of Immediate Appeal from Interlocutory Orders Affecting Substantial Rights: Oestreicher v. American National Stores

Date: Jun 2, 1976
Right of Immediate Appeal from Interlocutory Orders Affecting Substantial Rights: Oestreicher v. American National Stores Introduction The case of Bert W. Oestreicher in her capacity as Trustee for...
State of North Carolina Liable for Breach of Employment Contract: Capers SMITH v. STATE of North Carolina

State of North Carolina Liable for Breach of Employment Contract: Capers SMITH v. STATE of North Carolina

Date: Mar 2, 1976
State of North Carolina Liable for Breach of Employment Contract: Capers SMITH v. STATE of North Carolina Introduction The case of C. Capers SMITH v. STATE of North Carolina, decided by the Supreme...
Option Contracts: Sufficient Description and Implied Cash Payment Established in KIDD v. EARLY

Option Contracts: Sufficient Description and Implied Cash Payment Established in KIDD v. EARLY

Date: Mar 2, 1976
Option Contracts: Sufficient Description and Implied Cash Payment Established in KIDD v. EARLY Introduction The case of Claude S. Kidd, Jr., Thomas H. Collins, and David P. Dillard v. C. F. Early and...
Ford Motor Company's Liability in Wrongful Interference with Employment Contracts Established in SMITH v. FORD MOTOR COmpany

Ford Motor Company's Liability in Wrongful Interference with Employment Contracts Established in SMITH v. FORD MOTOR COmpany

Date: Jan 2, 1976
Ford Motor Company's Liability in Wrongful Interference with Employment Contracts Established in SMITH v. FORD MOTOR COmpany Introduction SMITH v. FORD MOTOR COmpany, 289 N.C. 71 (1976), is a...
Ensuring Fair Trials: The Precedential Impact of State v. Britt on Prosecutorial Conduct

Ensuring Fair Trials: The Precedential Impact of State v. Britt on Prosecutorial Conduct

Date: Dec 2, 1975
Ensuring Fair Trials: The Precedential Impact of State v. Britt on Prosecutorial Conduct Introduction The case of State of North Carolina v. James Edward (Jimmy) Britt, 288 N.C. 699 (1975), stands as...
Bindyke Jurisprudence on Jury Integrity and Conspiracy Law

Bindyke Jurisprudence on Jury Integrity and Conspiracy Law

Date: Dec 2, 1975
Bindyke Jurisprudence on Jury Integrity and Conspiracy Law Introduction The case of State of North Carolina v. Donald Paul Bindyke, reported in 288 N.C. 608 (1975), presents pivotal developments in...
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