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  • Commentaries
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North Carolina Case Commentaries

Reinforcing Stand-Your-Ground Jurisprudence: Analysis of STATE OF NORTH CAROLINA v. GYRELL SHAVONTA LEE

Reinforcing Stand-Your-Ground Jurisprudence: Analysis of STATE OF NORTH CAROLINA v. GYRELL SHAVONTA LEE

Date: Apr 7, 2018
Reinforcing Stand-Your-Ground Jurisprudence: Analysis of STATE OF NORTH CAROLINA v. GYRELL SHAVONTA LEE Introduction The case of STATE OF NORTH CAROLINA v. GYRELL SHAVONTA LEE (370 N.C. 671) examines...
North Carolina Supreme Court Upholds Governor's Authority: Separation of Powers in Session Law 2017-6

North Carolina Supreme Court Upholds Governor's Authority: Separation of Powers in Session Law 2017-6

Date: Jan 27, 2018
North Carolina Supreme Court Upholds Governor's Authority: Separation of Powers in Session Law 2017-6 Introduction In the landmark case of Roy A. Cooper, III, Governor of North Carolina v. Philip E....
Non-Deductibility of Market Discount Income as 'Interest' under N.C.G.S. § 105-130.5(b)(1)

Non-Deductibility of Market Discount Income as 'Interest' under N.C.G.S. § 105-130.5(b)(1)

Date: Aug 19, 2017
Non-Deductibility of Market Discount Income as 'Interest' under N.C.G.S. § 105-130.5(b)(1) Introduction In the case of The Fidelity Bank, Petitioner v. North Carolina Department of Revenue (370 N.C....
Judicial Estoppel Reinforced: North Carolina Supreme Court Validates Doctrine to Preserve Judicial Integrity

Judicial Estoppel Reinforced: North Carolina Supreme Court Validates Doctrine to Preserve Judicial Integrity

Date: Mar 18, 2017
Judicial Estoppel Reinforced: North Carolina Supreme Court Validates Doctrine to Preserve Judicial Integrity Introduction The case of Old Republic National Title Insurance Company and United Bank &...
Establishing the Boundaries of Malicious Prosecution and Emotional Distress Claims in North Carolina: Insights from Turner v. Thomas

Establishing the Boundaries of Malicious Prosecution and Emotional Distress Claims in North Carolina: Insights from Turner v. Thomas

Date: Dec 22, 2016
Establishing the Boundaries of Malicious Prosecution and Emotional Distress Claims in North Carolina: Insights from Turner v. Thomas Introduction The landmark case of Kirk Alan Turner v. Special...
Expanding the Scope of No Contact Orders: Insights from State v. Barnett

Expanding the Scope of No Contact Orders: Insights from State v. Barnett

Date: Dec 22, 2016
Expanding the Scope of No Contact Orders: Insights from State v. Barnett Introduction The case of State of North Carolina v. James Anthony Barnett, Jr. (369 N.C. 298) serves as a pivotal moment in...
Applying the Modified Categorical Approach in Sex Offender Classification: State v. Moir

Applying the Modified Categorical Approach in Sex Offender Classification: State v. Moir

Date: Dec 22, 2016
Applying the Modified Categorical Approach in Sex Offender Classification: State of North Carolina v. James Kevin Moir Introduction The case of State of North Carolina v. James Kevin Moir (369 N.C....
North Carolina Supreme Court Affirms Termination of Parental Rights Under Neglect and Failure to Remedy Removal Conditions

North Carolina Supreme Court Affirms Termination of Parental Rights Under Neglect and Failure to Remedy Removal Conditions

Date: Jun 11, 2016
North Carolina Supreme Court Affirms Termination of Parental Rights Under Neglect and Failure to Remedy Removal Conditions Introduction The case In the Matter of: D.L.W., D.L.N.W., and V.A.W. (Record...
North Carolina Supreme Court Establishes Precedent on Property Takings Under the Map Act

North Carolina Supreme Court Establishes Precedent on Property Takings Under the Map Act

Date: Jun 11, 2016
North Carolina Supreme Court Establishes Precedent on Property Takings Under the Map Act Introduction The case of Kirby v. North Carolina Department of Transportation (NCDOT) addresses the...
North Carolina Adopts Daubert Standard for Expert Testimony: State v. McGrady

North Carolina Adopts Daubert Standard for Expert Testimony: State v. McGrady

Date: Jun 11, 2016
North Carolina Adopts Daubert Standard for Expert Testimony: State of North Carolina v. Charles Anthony McGrady Introduction In State of North Carolina v. Charles Anthony McGrady (368 N.C. 880,...
Expanding the Scope of Failure to Register: Out-of-State Address Changes under N.C.G.S. § 14–208.9(a)

Expanding the Scope of Failure to Register: Out-of-State Address Changes under N.C.G.S. § 14–208.9(a)

Date: Mar 19, 2016
Expanding the Scope of Failure to Register: Out-of-State Address Changes under N.C.G.S. § 14–208.9(a) Introduction STATE of North Carolina v. Darrett Crockett, 368 N.C. 717 (2016), adjudicated by the...
Discretionary Authority in Employment Discipline: Insights from Wetherington v. N.C. Department of Public Safety

Discretionary Authority in Employment Discipline: Insights from Wetherington v. N.C. Department of Public Safety

Date: Dec 19, 2015
Discretionary Authority in Employment Discipline: Insights from Wetherington v. N.C. Department of Public Safety Introduction The case of Thomas C. Wetherington v. North Carolina Department of Public...
Mandatory Transmission of Zoning Appeals: A New Precedent Established in Morningstar Marinas v. Warren County

Mandatory Transmission of Zoning Appeals: A New Precedent Established in Morningstar Marinas v. Warren County

Date: Nov 7, 2015
Mandatory Transmission of Zoning Appeals: A New Precedent Established in Morningstar Marinas v. Warren County Introduction Morningstar Marinas/Eaton Ferry, LLC v. Warren County is a landmark case...
Guarantors’ Right to Anti-Deficiency Defense Affirmed in High Point Bank v. Highmark Properties

Guarantors’ Right to Anti-Deficiency Defense Affirmed in High Point Bank v. Highmark Properties

Date: Sep 26, 2015
Guarantors’ Right to Anti-Deficiency Defense Affirmed in High Point Bank v. Highmark Properties Introduction The Supreme Court of North Carolina, in the landmark case of High Point Bank and Trust...
North Carolina Supreme Court Affirms Constitutionality of Opportunity Scholarship Program

North Carolina Supreme Court Affirms Constitutionality of Opportunity Scholarship Program

Date: Jul 24, 2015
North Carolina Supreme Court Affirms Constitutionality of Opportunity Scholarship Program Introduction This commentary examines the landmark decision of the Supreme Court of North Carolina issued on...
Supreme Court of North Carolina Ruling on Chapter 122 Superseding Groundwater Protection Rules for Coal Ash Lagoons

Supreme Court of North Carolina Ruling on Chapter 122 Superseding Groundwater Protection Rules for Coal Ash Lagoons

Date: Jun 12, 2015
Supreme Court of North Carolina Ruling on Chapter 122 Superseding Groundwater Protection Rules for Coal Ash Lagoons Introduction The case of CAPE FEAR RIVER WATCH, Sierra Club, Waterkeeper Alliance,...
Vested Rights and Unity of Ownership in Eminent Domain: Insights from Town of Midland v. Wayne

Vested Rights and Unity of Ownership in Eminent Domain: Insights from Town of Midland v. Wayne

Date: Jun 12, 2015
Vested Rights and Unity of Ownership in Eminent Domain: Insights from TOWN OF MIDLAND v. Darryl Keith Wayne Introduction The case of TOWN OF MIDLAND v. Darryl Keith Wayne, Trustee addresses...
Supreme Court Affirms Trial Court's Discretion on Competency Inquiry in Parental Rights Termination - In re T.L.H.

Supreme Court Affirms Trial Court's Discretion on Competency Inquiry in Parental Rights Termination - In re T.L.H.

Date: Jun 12, 2015
Supreme Court Affirms Trial Court's Discretion on Competency Inquiry in Parental Rights Termination - In re T.L.H. Introduction The case of In the Matter of T.L.H. (772 S.E.2d 451) adjudicated by the...
Admissibility of Pertinent Character Traits and Jury Instruction Terminology in Criminal Trials: State v. Walston

Admissibility of Pertinent Character Traits and Jury Instruction Terminology in Criminal Trials: State v. Walston

Date: Dec 20, 2014
Admissibility of Pertinent Character Traits and Jury Instruction Terminology in Criminal Trials: State of North Carolina v. Robert Timothy Walston, Sr. Introduction The case of State of North...
North Carolina Supreme Court Affirms Utilities Commission's ROE Determination

North Carolina Supreme Court Affirms Utilities Commission's ROE Determination

Date: Aug 21, 2014
North Carolina Supreme Court Affirms Utilities Commission's ROE Determination Introduction The case of STATE of North Carolina ex rel. UTILITIES COMMISSION; Duke Energy Progress, Inc., Applicant; and...
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