green
Positive treatment
Trending · 98 recent citers
Quoted verbatim 1×
7.8 score
G Cite
cited 2× by 1 distinct case, last quoted 2009 ·
…it is well settled that an error, even one of constitutional magnitude, that defendant does not bring to the trial court's attention is waived and will not be considered on appeal.
⚠ not in text
Treatment trajectory · 2003 → 2026 · click a year to view as-of
2003
2014
2026
Top citers, strongest first. 11 distinct citers.
How cited ↗
examined
Cited as authority (quoted)
State v. Dean
(2×)
it is well settled that an error, even one of constitutional magnitude, that defendant does not bring to the trial court's attention is waived and will not be considered on appeal.
discussed
Cited "see"
State v. Alarcon
See generally State v. Wiley, 355 N.C. 592 , 620, 565 S.E .2d 22 , 42 (2002) ("[C]ounsel possesses wide latitude to argue facts in evidence and all reasonable inferences arising from those facts."), cert. denied, 537 U.S. 1117 , 154 L.Ed.2d 795 (2003).
discussed
Cited "see"
State v. Sexton
See State v. Wiley, 355 N.C. 592, 623-24 , 565 S.E.2d 22, 44 (2002) (holding that where defendant “asserts plain error but provides no explanation as to why any alleged error rises to the level of plain error. . . . , defendant has effectively failed to argue plain error and has thereby waived appellate review”), cert. -10- denied, 537 U.S. 1117 , 154 L.Ed.2d 795 (2003).
cited
Cited "see"
State v. Garcell
Accord State v. Wiley, 355 N.C. 592, 611-12 , 565 S.E.2d 22, 37 (2002) (citing inter alia, Morgan), cert. denied, 537 U.S. 1117 (2003).
discussed
Cited "see"
State v. Scriven
See State v. Wiley, 355 N.C. 592, 624 , 565 S.E.2d 22, 44 (2002) ("[B]y simply relying on the words `plain error' as the extent of his argument in support of plain error, defendant has effectively failed to argue plain error and has thereby waived appellate review."), cert. denied, 537 U.S. 1117 , 154 L.
discussed
Cited "see"
Commonwealth v. Moore
See State v. Wiley, 355 N.C. 592 , 565 S.E.2d 22 (2002), cert. denied, 537 U.S. 1117 , 123 S.Ct. 882 , 154 L.Ed.2d 795 (2003) (holding: (1) following notice of mail scrutiny, defendant had unreasonable expectation of privacy in mail; (2) prison officials permitted to seize and copy mail without warrant); State v. Martin, 77 Conn.App. 778 , 825 A.2d 835 (2003), *1102 certification denied, 266 Conn. 906 , 832 A.2d 73 (2003) (holding department of corrections notified defendant his mail would be read, thus, he had no reasonable expectation of privacy in his letters); Merritt v. State, 982 S.W.2d …
discussed
Cited "see"
Clark v. Poole
Moreover, “[i]t is well-established that the impaneling of the jury is one such stage.” Tankleff v. Senkowski, 135 F.3d 235, 246 (2d Cir.1998); accord, e.g., Cohen v. Senkowski, 290 F.3d 485, 489 (2d Cir.2002), cert. denied, 537 U.S. 1117 , 123 S.Ct. 879 , 154 L.Ed.2d 794 (2003).
discussed
Cited "see, e.g."
Pope v. Davidson Cnty.
App. P. 10(a)(1) (2022); State v. Valentine, 357 N.C. 512, 525 , 591 S.E.2d 846, 857 (2003) (“The failure to raise a constitutional issue before the trial court bars appellate review.”); See also State v. Wiley, 355 N.C. 592, 615 , 565 S.E.2d 22, 39 (2002) (“It is well settled that an error, even one of constitutional magnitude, that defendant does not bring to the trial court’s attention is waived and will not be considered on appeal.”), cert. denied, 537 U.S. 1117 , 154 L.
discussed
Cited "see, e.g."
ROETTGEN v. Ryan
See Schriro v. Landrigan, 550 U.S. 465 , 127 S.Ct. 1933, 1940 , 167 L.Ed.2d 836 (2007) (if record refutes applicant’s factual allegations or otherwise precludes habeas relief, court not required to hold evidentiary hearing); Phillips v. Woodford, 267 F.3d 966, 973 (9th Cir.2001) (assuming petitioner did not "fail to develop” his claim in the state court, petitioner "is entitled to an evidentiary hearing only if: (1) the allegations in his petition would, if proved, entitle him to relief; and (2) the state court trier of fact has not, after a full and fair hearing, reliably found the releva…
cited
Cited "see, e.g."
Stann v. Levine
See, e.g., State v. Wiley, 355 N.C. 592, 624 , 565 S.E.2d 22, 45 (2002), cert. denied, 537 U.S. 1117 , 154 L.
discussed
Cited "see, e.g."
State v. Augustine
See, e.g., State v. Wiley, 355 N.C. 592, 621-22 , 565 S.E.2d 22, 43-44 (2002) (noting the difference between improperly vouching for a State witness and giving the jury reasons to believe the State’s evidence), cert. denied, 537 U.S. 1117 , 154 L.
Retrieving the full opinion text from the archive…
Drago
v.
Florida
v.
Florida
02-6993.
Supreme Court of the United States.
Jan 13, 2003.
Published
Citer courts: Court of Appeals of North Caro… (2)
DRAGO
v.
FLORIDA.
No. 02-6993.
Supreme Court of United States.
January 13, 2003.
1
CERTIORARI TO THE DISTRICT COURT OF APPEAL OF FLORIDA FOR THE SECOND DISTRICT.
2
Dist. Ct. App. Fla., 2d Dist. Certiorari denied. Reported below: 825 So. 2d 379.