This Note will propose the standard of review which best balances both concerns. First, this Note will summarize the facts of Turner, to introduce the setting of the Rule 11 decision. Second, in the Background section, this Note will explore the history of Rule 11 in the federal courts and in North Carolina, and the various standards of review adopted in the federal courts. Third, this Note will analyze the Turner decision and the standard of appellate review adopted by the North Carolina Supreme Court. Fourth, this Note will compare the standards of review and suggest which of the standards furthers or hinders the purposes of Rule 11. Through this Note, the reader should have a sharper understanding of Rule 11, and its treatment in the federal courts and in North Carolina. Finally, this Note urges the reader to consider the impact which a particular standard of review may have on a decision under Rule 11 and on litigation generally.
T. June Hobby, Lawyers Take Heed! A De Novo Review of Rule 11 in North Carolina - Turner v. Duke Univ., 12 Campbell L. Rev. 293 (1990).