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  • Commentaries
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North Carolina Case Commentaries

De Novo Review Standard Affirmed in Neglect Adjudication: In re K.S. (2022)

De Novo Review Standard Affirmed in Neglect Adjudication: In re K.S. (2022)

Date: Feb 12, 2022
De Novo Review Standard Affirmed in Neglect Adjudication: In re K.S. (2022) Introduction The matter of In re K.S. (2022) addressed a critical issue in juvenile neglect adjudications within the...
Supreme Court of North Carolina Establishes Causal Nexus Requirement in Self-Defense Claims

Supreme Court of North Carolina Establishes Causal Nexus Requirement in Self-Defense Claims

Date: Feb 12, 2022
Supreme Court of North Carolina Establishes Causal Nexus Requirement in Self-Defense Claims Introduction In State of North Carolina v. Datorius Lane McLymore, 380 N.C. 185 (2022), the Supreme Court...
Suits Against Public Officials in Official Capacity Constitute Actions Against the State: North Carolina Supreme Court's 2022 Ruling

Suits Against Public Officials in Official Capacity Constitute Actions Against the State: North Carolina Supreme Court's 2022 Ruling

Date: Jan 8, 2022
Suits Against Public Officials in Official Capacity Constitute Actions Against the State: An In-Depth Analysis of North Carolina Supreme Court's 2022 Decision Introduction In the landmark case of...
Clarifying Prosecutorial Vindictiveness and Double Jeopardy Protections: State v. Schalow

Clarifying Prosecutorial Vindictiveness and Double Jeopardy Protections: State v. Schalow

Date: Dec 18, 2021
Clarifying Prosecutorial Vindictiveness and Double Jeopardy Protections: State v. Schalow Introduction In the case of State of North Carolina v. Leonard Paul Schalow (379 N.C. 639), the Supreme Court...
Affirmation of Parental Rights Termination in Cases of Child Neglect: A Comprehensive Analysis of A.E., J.V., E.V., A.V.

Affirmation of Parental Rights Termination in Cases of Child Neglect: A Comprehensive Analysis of A.E., J.V., E.V., A.V.

Date: Nov 6, 2021
Affirmation of Parental Rights Termination in Cases of Child Neglect: A Comprehensive Analysis of A.E., J.V., E.V., A.V. Introduction The case A.E., J.V., E.V., A.V., adjudicated under case number...
Landmark Decision Upholds Lifetime Satellite-Based Monitoring for Aggravated Sex Offenders under Fourth Amendment

Landmark Decision Upholds Lifetime Satellite-Based Monitoring for Aggravated Sex Offenders under Fourth Amendment

Date: Sep 25, 2021
Landmark Decision Upholds Lifetime Satellite-Based Monitoring for Aggravated Sex Offenders under Fourth Amendment Introduction The Supreme Court of North Carolina delivered a pivotal judgment in the...
Ensuring Procedural Compliance in Appellate Review of Lifetime SBM Orders

Ensuring Procedural Compliance in Appellate Review of Lifetime SBM Orders

Date: Sep 25, 2021
Ensuring Procedural Compliance in Appellate Review of Lifetime Satellite-Based Monitoring Orders Introduction In the landmark case State of North Carolina v. Johnathan Ricks (378 N.C. 737), the...
Termination of Parental Rights Due to Neglect: An In-Depth Analysis of In the Matter of M.Y.P. (378 N.C. 667)

Termination of Parental Rights Due to Neglect: An In-Depth Analysis of In the Matter of M.Y.P. (378 N.C. 667)

Date: Sep 25, 2021
Termination of Parental Rights Due to Neglect: An In-Depth Analysis of In the Matter of M.Y.P. (378 N.C. 667) Introduction The case of In the Matter of M.Y.P. (378 N.C. 667) presents a pivotal...
Strict Adherence to Current Evidence in Termination of Parental Rights: A Comprehensive Analysis of Z.G.J. Case

Strict Adherence to Current Evidence in Termination of Parental Rights: A Comprehensive Analysis of Z.G.J. Case

Date: Aug 28, 2021
Strict Adherence to Current Evidence in Termination of Parental Rights: A Comprehensive Analysis of Z.G.J. Case Introduction The landmark case Z.G.J. (378 N.C. 500) adjudicated by the Supreme Court...
Elimination of Reunification in Juvenile Cases: Comprehensive Analysis of North Carolina Supreme Court's Decision in In the Matter of A.P.W., A.J.W., H.K.W. (378 N.C. 405)

Elimination of Reunification in Juvenile Cases: Comprehensive Analysis of North Carolina Supreme Court's Decision in In the Matter of A.P.W., A.J.W., H.K.W. (378 N.C. 405)

Date: Aug 28, 2021
Elimination of Reunification in Juvenile Cases: Comprehensive Analysis of North Carolina Supreme Court's Decision in In the Matter of A.P.W., A.J.W., H.K.W. (378 N.C. 405) Introduction The case of In...
Enhanced Standards for Post-Conviction Relief: Implications from STATE OF NORTH CAROLINA v. SCOTT DAVID ALLEN

Enhanced Standards for Post-Conviction Relief: Implications from STATE OF NORTH CAROLINA v. SCOTT DAVID ALLEN

Date: Aug 14, 2021
Enhanced Standards for Post-Conviction Relief: Implications from STATE OF NORTH CAROLINA v. SCOTT DAVID ALLEN Introduction The case of STATE OF NORTH CAROLINA v. SCOTT DAVID ALLEN (861 S.E.2d 273)...
Affirmation of Reasonable Suspicion Standards in Terry Searches: STATE OF NORTH CAROLINA v. BRYAN XAVIER JOHNSON

Affirmation of Reasonable Suspicion Standards in Terry Searches: STATE OF NORTH CAROLINA v. BRYAN XAVIER JOHNSON

Date: Aug 14, 2021
Affirmation of Reasonable Suspicion Standards in Terry Searches: STATE OF NORTH CAROLINA v. BRYAN XAVIER JOHNSON (378 N.C. 236) Introduction The case of State of North Carolina v. Bryan Xavier...
Preservation of Statutory Protections Against Judicial Opinions: STATE OF NORTH CAROLINA v. JOHN FITZGERALD AUSTIN

Preservation of Statutory Protections Against Judicial Opinions: STATE OF NORTH CAROLINA v. JOHN FITZGERALD AUSTIN

Date: Aug 14, 2021
Preservation of Statutory Protections Against Judicial Opinions: STATE OF NORTH CAROLINA v. JOHN FITZGERD AUSTIN (378 N.C. 272) Introduction STATE OF NORTH CAROLINA v. JOHN FITZGERD AUSTIN is a...
Termination of Parental Rights Due to Criminal Neglect: A.W. v. Mother – Supreme Court of North Carolina Analysis

Termination of Parental Rights Due to Criminal Neglect: A.W. v. Mother – Supreme Court of North Carolina Analysis

Date: Apr 24, 2021
Termination of Parental Rights Due to Criminal Neglect: A.W. v. Mother – Supreme Court of North Carolina Analysis Introduction The Supreme Court of North Carolina, in the case of A.W. v. Mother (No....
Supreme Court Upholds Termination of Parental Rights for Willful Lack of Progress Under N.C.G.S. §7B-1111(a)(2)

Supreme Court Upholds Termination of Parental Rights for Willful Lack of Progress Under N.C.G.S. §7B-1111(a)(2)

Date: Apr 24, 2021
Supreme Court Upholds Termination of Parental Rights for Willful Lack of Progress Under N.C.G.S. §7B-1111(a)(2) Introduction In the landmark case In the Matter of: T.M.L. and A.R.L. (No. 232A20, 856...
Reaffirmation of Standards for Termination of Parental Rights Based on Willful Abandonment

Reaffirmation of Standards for Termination of Parental Rights Based on Willful Abandonment

Date: Mar 20, 2021
Reaffirmation of Standards for Termination of Parental Rights Based on Willful Abandonment Introduction In the landmark case G.G.M., S.M. v. Respondent, decided by the Supreme Court of North Carolina...
Statute of Limitations and Nominal Damages in LLC Membership Dilution: Chisum v. Campagnas

Statute of Limitations and Nominal Damages in LLC Membership Dilution: Chisum v. Campagnas

Date: Mar 13, 2021
Statute of Limitations and Nominal Damages in LLC Membership Dilution: Chisum v. Campagnas Introduction Dennis D. Chisum, Individually and Derivatively on behalf of Judges Road Industrial Park, LLC,...
Requiring Specific Grounds in Lease Termination Notices: Raleigh Housing Authority v. Patricia Winston

Requiring Specific Grounds in Lease Termination Notices: Raleigh Housing Authority v. Patricia Winston

Date: Mar 13, 2021
Requiring Specific Grounds in Lease Termination Notices: Raleigh Housing Authority v. Patricia Winston Introduction Raleigh Housing Authority v. Patricia Winston, 855 S.E.2d 209 (2021), is a landmark...
Guardian Ad Litem's Role in Termination of Parental Rights Proceedings: A Comprehensive Analysis of J.E.B., II

Guardian Ad Litem's Role in Termination of Parental Rights Proceedings: A Comprehensive Analysis of J.E.B., II

Date: Feb 6, 2021
Guardian Ad Litem's Role in Termination of Parental Rights Proceedings: A Comprehensive Analysis of J.E.B., II Introduction The Supreme Court of North Carolina's decision in J.E.B., II addresses...
Affirmation of Legislative Grant of Standing Without "Injury in Fact" Requirement in North Carolina

Affirmation of Legislative Grant of Standing Without "Injury in Fact" Requirement in North Carolina

Date: Feb 6, 2021
Affirmation of Legislative Grant of Standing Without "Injury in Fact" Requirement in North Carolina Introduction In the Supreme Court case The Committee to Elect Dan Forest, A Political Committee v....
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