North Carolina Case Commentaries

Welparnel Construction Co. v. Wiles: Modern Standards for Service of Process on Corporate Defendants

Date: May 2, 1978

Welparnel Construction Co. v. Wiles: Modern Standards for Service of Process on Corporate Defendants Introduction Welparnel Construction Company, Inc. v. Wiles, 295 N.C. 81 (1978), is a landmark...

STATE v. FULCHER: Redefining Kidnapping under N.C. G.S. 14-39(a)

Date: Apr 2, 1978

STATE v. FULCHER: Redefining Kidnapping under N.C. G.S. 14-39(a) Introduction STATE OF NORTH CAROLINA v. DAVID LEE FULCHER (294 N.C. 503) is a landmark decision by the Supreme Court of North Carolina...

Non-Appealability of Interlocutory Orders: Insights from Roberts F. Waters v. Qualified Personnel, Inc.

Date: Jan 2, 1978

Non-Appealability of Interlocutory Orders: Insights from Robert F. Waters v. Qualified Personnel, Inc. Introduction The case of Robert F. Waters v. Qualified Personnel, Inc., adjudicated by the...

Supreme Court Upholds Censure of Judge Herbert W. Hardy for Wilful Misconduct

Date: Jan 2, 1978

Supreme Court Upholds Censure of Judge Herbert W. Hardy for Wilful Misconduct Introduction The case of In re Inquiry Concerning Judge Herbert W. Hardy (294 N.C. 90) marks a significant moment in...

Clarification of Statute of Limitations and Tort Actions in Construction Contract Breaches: North Carolina Supreme Court in State Ports Authority v. Dickerson Inc.

Date: Jan 2, 1978

Clarification of Statute of Limitations and Tort Actions in Construction Contract Breaches: North Carolina Supreme Court in State Ports Authority v. Dickerson Inc. Introduction The case of NORTH...

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

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

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

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

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

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

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

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

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

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

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

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

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.

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

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...