7 North Carolina opinions name it 2 courts 2012–2022 2 in the last five years
The cases below were cited by North Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Petersen v. Rogersgreen2 sentences2020The dissent notes that the Court of Appeals in Moore excerpted this language from our opinion in Petersen v. Rogers, 337 N.C. 397 , 403– 04, 445 S.E.2d 901, 905 (1994), “which established a constitutionally based presumption favoring a parent in a custody dispute with a non-parent,” as controlling authority for the outcome in Moore. 2020The dissent notes that the Court of Appeals in Moore excerpted this language from our opinion in Petersen v. Rogers, 337 N.C. 397 , 403– 04, 445 S.E.2d 901, 905 (1994), “which established a constitutionally based presumption favoring a parent in a custody dispute with a non-parent,” as controlling authority for the outcome in Moore. | 4 | 4 |
Routten v. Routtengreen2 sentences2022Limited to the narrow facts of this case, we hold today that while a parent’s rights are protected by “a constitutionally based presumption,” Routten v. IN RE J.N. & L.N. 2022-NCSC-52 Earls, J., concurring Routten, 374 N.C. 571 , 576 (quoting Routten v. Routten, 262 N.C. 2022Limited to the narrow facts of this case, we hold today that while a parent’s rights are protected by “a constitutionally based presumption,” Routten v. IN RE J.N. & L.N. 2022-NCSC-52 Earls, J., concurring Routten, 374 N.C. 571 , 576 (quoting Routten v. Routten, 262 N.C. | 2 | 4 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in North Carolina. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Stanley v. Illinois
green
2 sentences2018As support for this holding, Moore quoted Petersen v. Rogers, 337 N.C. 397, 403-04 , 445 S.E.2d 901, 905 (1994), which established a constitutionally-based presumption favoring a parent in a custody dispute with a non-parent (the “Petersen presumption”).4 But unlike Moore, Petersen involved a custody conflict between parents and non-parents. 337 N.C. at 4 Petersen quoted the holding in Stanley v. Illinois, 405 U.S. 645 , 31 L.Ed.2d 551 (1972), that “ ‘[i]t is cardinal with us that the custody, care and nurture of the child reside first in the parents, whose primary function and freedom include 2018As support for this holding, Moore quoted Petersen v. Rogers, 337 N.C. 397, 403-04 , 445 S.E.2d 901, 905 (1994), which established a constitutionally-based presumption favoring a parent in a custody dispute with a non-parent (the “Petersen presumption”).4 But unlike Moore, Petersen involved a custody conflict between parents and non-parents. 337 N.C. at 4 Petersen quoted the holding in Stanley v. Illinois, 405 U.S. 645 , 31 L.Ed.2d 551 (1972), that “ ‘[i]t is cardinal with us that the custody, care and nurture of the child reside first in the parents, whose primary function and freedom include | 2 | 2018–2018 |
Craig Ex Rel. Craig v. New Hanover County Board of Education
green
2 sentences2012However, the absence of any substantive analysis of the viability of the plaintiff’s claims under the relevant provisions of the North Carolina constitution coupled with the Supreme Court’s explicit statement that its decision did not “predetermine the likelihood that [the] [p]laintiff [would] win other pretrial motions, defeat affirmative defenses, or ultimately succeed on the merits of his case,” Craig, 363 N.C. at 340 , 678 S.E.2d at 355 , indicates that the Supreme Court did not intend these references to the plaintiff’s “colorable” claims to be tantamount to a holding that the allegations 2012However, the absence of any substantive analysis of the viability of the plaintiff’s claims under the relevant provisions of the North Carolina constitution coupled with the Supreme Court’s explicit statement that its decision did not “predetermine the likelihood that [the] [p]laintiff [would] win other pretrial motions, defeat affirmative defenses, or ultimately succeed on the merits of his case,” Craig, 363 N.C. at 340 , 678 S.E.2d at 355 , indicates that the Supreme Court did not intend these references to the plaintiff’s “colorable” claims to be tantamount to a holding that the allegations | 1 | 2012–2012 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.