creation presumption (North Carolina) · Go Syfert
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creation presumption in North Carolina

6 North Carolina opinions name it 2 courts 1983–2015 0 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.

Followed or applied (4)

CaseFollowedCited
Ensor v. Stategreen
fla · 1981 · cited in 2 North Carolina opinions naming this issue, 2015–2015
2 sentences

2015See post at 3 (citing Ensor v. State, 403 So. 2d 349 (Fla. 1981), superseded on other grounds by statute, Fla. Stat. § 790.25 (5) (Supp. 1982)).

2015See post at 3 (citing Ensor v. State, 403 So. 2d 349 (Fla. 1981), superseded on other grounds by statute, Fla. Stat. § 790.25 (5) (Supp. 1982)).

22
Garrison Ex Rel. Williams v. Connorgreen
ncctapp · 1996 · cited in 2 North Carolina opinions naming this issue, 1998–2011
2 sentences

2011App. 702, 705-06 , 471 S.E.2d 644, 646-47 (explaining the intent behind the creation of a presumption of a substantial change in circumstances and validating its inclusion in the Guidelines by the Conference of Chief District Judges), disc. rev. denied, 344 N.C. 436 , 476 S.E.2d 116 (1996).

1998App. 702, 705 , 471 S.E.2d 644, 646 , disc. review denied, 344 N.C. 436 , 476 S.E.2d 116 (1996), this Court held that the creation of the presumption involved herein is “within the scope of the Conference’s legislative mandate to *147 ensure that application of the Guidelines results in adequate child support awards.” We also stated that: [I]t is apparent that the inclusion of the 15% presumption in the revised Guidelines was intended to eliminate the necessity that the moving party show change of circumstances by other means when he or she has presented evidence which satisfies the requiremen

12
Illinois v. Caballesgreen
scotus · 2005 · cited in 1 North Carolina opinions naming this issue, 2015–2015
2 sentences

2015This is particularly true when, as here, the contraband nature of the seized items was immediately apparent, because “any interest in possessing contraband cannot be deemed legitimate.” Illinois v. Caballes, 543 U.S. 405, 408 , 125 S. Ct. 834, 837 (2005) (citation and internal quotation marks omitted).

2015This is particularly true when, as here, the contraband nature of the seized items was immediately apparent, because “any interest in possessing contraband cannot be deemed legitimate.” Illinois v. Caballes, 543 U.S. 405, 408 , 125 S. Ct. 834, 837 (2005) (citation and internal quotation marks omitted).

11
Brewer v. Harrisgreen
nc · 1971 · cited in 1 North Carolina opinions naming this issue, 2014–2014
2 sentences

2014See Brewer v. Harris, 279 N.C. 288, 298 , 182 S.E.2d 345, 351 (1971) (holding that the issue of whether the defendant’s willful and wanton conduct was sufficient to preclude the rejection of the plaintiff’s personal injury claim on contributory negligence grounds).

2014See Brewer v. Harris, 279 N.C. 288, 298 , 182 S.E.2d 345, 351 (1971) (holding that the issue of whether the defendant’s willful and wanton conduct was sufficient to preclude the rejection of the plaintiff’s personal injury claim on contributory negligence grounds).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in North Carolina. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Higgs v. Southeastern Cleaning Service green
nc · 1996
2 sentences

2011App. 702, 705-06 , 471 S.E.2d 644, 646-47 (explaining the intent behind the creation of a presumption of a substantial change in circumstances and validating its inclusion in the Guidelines by the Conference of Chief District Judges), disc. rev. denied, 344 N.C. 436 , 476 S.E.2d 116 (1996).

1998App. 702, 705 , 471 S.E.2d 644, 646 , disc. review denied, 344 N.C. 436 , 476 S.E.2d 116 (1996), this Court held that the creation of the presumption involved herein is “within the scope of the Conference’s legislative mandate to *147 ensure that application of the Guidelines results in adequate child support awards.” We also stated that: [I]t is apparent that the inclusion of the 15% presumption in the revised Guidelines was intended to eliminate the necessity that the moving party show change of circumstances by other means when he or she has presented evidence which satisfies the requiremen

21998–2011
Epps v. Duke University green
nc · 1996
2 sentences

2011App. 702, 705-06 , 471 S.E.2d 644, 646-47 (explaining the intent behind the creation of a presumption of a substantial change in circumstances and validating its inclusion in the Guidelines by the Conference of Chief District Judges), disc. rev. denied, 344 N.C. 436 , 476 S.E.2d 116 (1996).

1998App. 702, 705 , 471 S.E.2d 644, 646 , disc. review denied, 344 N.C. 436 , 476 S.E.2d 116 (1996), this Court held that the creation of the presumption involved herein is “within the scope of the Conference’s legislative mandate to *147 ensure that application of the Guidelines results in adequate child support awards.” We also stated that: [I]t is apparent that the inclusion of the 15% presumption in the revised Guidelines was intended to eliminate the necessity that the moving party show change of circumstances by other means when he or she has presented evidence which satisfies the requiremen

21998–2011
Texas Department of Community Affairs v. Burdine green
scotus · 1981
2 sentences

1983Id. at 255, 101 S.Ct. at 1094 , 67 L.Ed. 2d at 216 n. 8.

1983Id. at 255, 101 S.Ct. at 1094 , 67 L.Ed. 2d at 216 n. 8.

11983–1983

Where else courts name it

PA 30 (1930–2022) CA 26 (1944–2025) FL 21 (1964–2017) TX 17 (1923–2025) NJ 15 (1972–2018) MD 14 (1978–2026) NY 12 (1909–2017) MI 11 (1978–2022) LA 10 (1928–2000) GA 8 (1928–2023) IL 8 (1945–2022) MN 8 (1953–1999) WV 7 (1982–2021) NC 6 (1983–2015) OH 6 (1998–2021) AL 6 (1944–1999) WA 6 (1942–2018) IN 6 (1997–2024) VA 6 (1989–2018) WI 5 (1982–2025) OK 5 (1957–2016) CO 4 (1975–2001) MO 4 (1911–2003) RI 3 (1983–2003) OR 3 (1977–2024) DE 3 (1989–2024) IA 3 (1968–1997) VT 3 (1983–2007) AK 2 (1971–1998) DC 2 (1992–1993) WY 2 (1983–2004) SD 2 (2006–2006) NM 2 (2002–2006) MS 2 (1988–1991) ND 2 (1997–2025) KY 2 (1999–2004) TN 2 (1951–2004) AZ 2 (1985–1991) MA 2 (1978–2018) CT 2 (1923–2014)

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.

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