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  • Commentaries
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North Carolina Case Commentaries

Revisiting Indictment Standards for Deadly Weapons: Overruling Porter in STATE v. PALMER

Revisiting Indictment Standards for Deadly Weapons: Overruling Porter in STATE v. PALMER

Date: Dec 2, 1977
Revisiting Indictment Standards for Deadly Weapons: Overruling Porter in STATE v. PALMER Introduction State of North Carolina v. James Palmer, alias James Burrell (No. 6, 1977) is a seminal decision...
Mandatory Life Sentences Not Governed by Youthful Offender Statutes: Analysis of STATE OF NORTH CAROLINA v. THOMAS L. NICCUM

Mandatory Life Sentences Not Governed by Youthful Offender Statutes: Analysis of STATE OF NORTH CAROLINA v. THOMAS L. NICCUM

Date: Oct 2, 1977
Mandatory Life Sentences Not Governed by Youthful Offender Statutes: Analysis of STATE OF NORTH CAROLINA v. THOMAS L. NICCUM Introduction STATE OF NORTH CAROLINA v. THOMAS L. NICCUM is a pivotal 1977...
Censure of Judge W. Milton Nowell: Establishing Standards for Judicial Conduct in North Carolina

Censure of Judge W. Milton Nowell: Establishing Standards for Judicial Conduct in North Carolina

Date: Sep 2, 1977
Censure of Judge W. Milton Nowell: Establishing Standards for Judicial Conduct in North Carolina Introduction The case of In Re Inquiry Concerning Judge W. Milton Nowell (293 N.C. 235) represents a...
North Carolina v. Hardy and Folston: Clarifying Burden of Proof in Jury Selection Discrimination and Admissibility of Codefendant Statements

North Carolina v. Hardy and Folston: Clarifying Burden of Proof in Jury Selection Discrimination and Admissibility of Codefendant Statements

Date: Jul 2, 1977
North Carolina v. Hardy and Folston: Clarifying Burden of Proof in Jury Selection Discrimination and Admissibility of Codefendant Statements Introduction North Carolina v. Hardy and Folston is a...
Right to Counsel of Choice and Effective Assistance: Insights from STATE OF NORTH CAROLINA v. EDWARD ANTHONY McFADDEN

Right to Counsel of Choice and Effective Assistance: Insights from STATE OF NORTH CAROLINA v. EDWARD ANTHONY McFADDEN

Date: May 2, 1977
Right to Counsel of Choice and Effective Assistance: Insights from STATE OF NORTH CAROLINA v. EDWARD ANTHONY McFADDEN Introduction STATE OF NORTH CAROLINA v. EDWARD ANTHONY McFADDEN (292 N.C. 609) is...
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...
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...
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...
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...
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