selective prosecution claim (North Carolina) · Go Syfert
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selective prosecution claim in North Carolina

5 North Carolina opinions name it 2 courts 2005–2022 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.

Followed or applied (6)

CaseFollowedCited
State v. Colegreen
ncctapp · 2009 · cited in 2 North Carolina opinions naming this issue, 2022–2022
2 sentences

2022State v. Cole, 199 N.C. App. 151, 156 , 681 S.E.2d 423, 427 (2009). ¶9 “To prevail on a selective prosecution challenge, a defendant must first make a prima facie showing that he has been singled out for prosecution while others similarly situated and committing the same acts have not.” State v. Rogers, 68 N.C. App. 358, 367 , 315 S.E.2d 492, 500 (1984) (quotation marks and citation omitted). “[A]fter doing so, he must demonstrate that the discriminatory selection for prosecution was invidious and done in bad faith in that it rests upon such impermissible considerations as race, religion, or t

2022State v. Cole, 199 N.C. App. 151, 156 , 681 S.E.2d 423, 427 (2009). ¶9 “To prevail on a selective prosecution challenge, a defendant must first make a prima facie showing that he has been singled out for prosecution while others similarly situated and committing the same acts have not.” State v. Rogers, 68 N.C. App. 358, 367 , 315 S.E.2d 492, 500 (1984) (quotation marks and citation omitted). “[A]fter doing so, he must demonstrate that the discriminatory selection for prosecution was invidious and done in bad faith in that it rests upon such impermissible considerations as race, religion, or t

22
State v. Popegreen
ncctapp · 2011 · cited in 2 North Carolina opinions naming this issue, 2022–2022
2 sentences

2022State v. Cole, 199 N.C. App. 151, 156 , 681 S.E.2d 423, 427 (2009). ¶9 “To prevail on a selective prosecution challenge, a defendant must first make a prima facie showing that he has been singled out for prosecution while others similarly situated and committing the same acts have not.” State v. Rogers, 68 N.C. App. 358, 367 , 315 S.E.2d 492, 500 (1984) (quotation marks and citation omitted). “[A]fter doing so, he must demonstrate that the discriminatory selection for prosecution was invidious and done in bad faith in that it rests upon such impermissible considerations as race, religion, or t

2022State v. Cole, 199 N.C. App. 151, 156 , 681 S.E.2d 423, 427 (2009). ¶9 “To prevail on a selective prosecution challenge, a defendant must first make a prima facie showing that he has been singled out for prosecution while others similarly situated and committing the same acts have not.” State v. Rogers, 68 N.C. App. 358, 367 , 315 S.E.2d 492, 500 (1984) (quotation marks and citation omitted). “[A]fter doing so, he must demonstrate that the discriminatory selection for prosecution was invidious and done in bad faith in that it rests upon such impermissible considerations as race, religion, or t

22
State v. Rogersgreen
ncctapp · 1984 · cited in 2 North Carolina opinions naming this issue, 2022–2022
2 sentences

2022State v. Cole, 199 N.C. App. 151, 156 , 681 S.E.2d 423, 427 (2009). ¶9 “To prevail on a selective prosecution challenge, a defendant must first make a prima facie showing that he has been singled out for prosecution while others similarly situated and committing the same acts have not.” State v. Rogers, 68 N.C. App. 358, 367 , 315 S.E.2d 492, 500 (1984) (quotation marks and citation omitted). “[A]fter doing so, he must demonstrate that the discriminatory selection for prosecution was invidious and done in bad faith in that it rests upon such impermissible considerations as race, religion, or t

2022State v. Cole, 199 N.C. App. 151, 156 , 681 S.E.2d 423, 427 (2009). ¶9 “To prevail on a selective prosecution challenge, a defendant must first make a prima facie showing that he has been singled out for prosecution while others similarly situated and committing the same acts have not.” State v. Rogers, 68 N.C. App. 358, 367 , 315 S.E.2d 492, 500 (1984) (quotation marks and citation omitted). “[A]fter doing so, he must demonstrate that the discriminatory selection for prosecution was invidious and done in bad faith in that it rests upon such impermissible considerations as race, religion, or t

22
State v. Wilsongreen
nc · 1984 · cited in 2 North Carolina opinions naming this issue, 2005–2005
2 sentences

2005State v. Garner, 340 N.C. 573, 588 , 459 S.E.2d 718, 725 (1995); State v. Spicer, 299 N.C. 309, 312 , 261 S.E.2d 893, 896 (1980); State v. Wilson, 311 N.C. 117, 123 , 316 S.E.2d 46, 51 (1984).

2005State v. Garner, 340 N.C. 573, 588 , 459 S.E.2d 718, 725 (1995); State v. Spicer, 299 N.C. 309, 312 , 261 S.E.2d 893, 896 (1980); State v. Wilson, 311 N.C. 117, 123 , 316 S.E.2d 46, 51 (1984).

12
State v. Garnergreen
nc · 1995 · cited in 2 North Carolina opinions naming this issue, 2005–2005
2 sentences

2005State v. Garner, 340 N.C. 573, 588 , 459 S.E.2d 718, 725 (1995); State v. Spicer, 299 N.C. 309, 312 , 261 S.E.2d 893, 896 (1980); State v. Wilson, 311 N.C. 117, 123 , 316 S.E.2d 46, 51 (1984).

2005State v. Garner, 340 N.C. 573, 588 , 459 S.E.2d 718, 725 (1995); State v. Spicer, 299 N.C. 309, 312 , 261 S.E.2d 893, 896 (1980); State v. Wilson, 311 N.C. 117, 123 , 316 S.E.2d 46, 51 (1984).

12
State v. Spicergreen
nc · 1980 · cited in 2 North Carolina opinions naming this issue, 2005–2005
2 sentences

2005State v. Garner, 340 N.C. 573, 588 , 459 S.E.2d 718, 725 (1995); State v. Spicer, 299 N.C. 309, 312 , 261 S.E.2d 893, 896 (1980); State v. Wilson, 311 N.C. 117, 123 , 316 S.E.2d 46, 51 (1984).

2005State v. Garner, 340 N.C. 573, 588 , 459 S.E.2d 718, 725 (1995); State v. Spicer, 299 N.C. 309, 312 , 261 S.E.2d 893, 896 (1980); State v. Wilson, 311 N.C. 117, 123 , 316 S.E.2d 46, 51 (1984).

12

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 (2)

CaseCitedYears
Village of Willowbrook v. Olech green
scotus · 2000
2 sentences

2009Futernick v. Sumpter, 78 F.3d 1051 (6th Cir. 1996), abrogated in part by Vill. of Willowbrook v. Olech, 528 U.S. 562 , 145 L.

2009Futernick v. Sumpter, 78 F.3d 1051 (6th Cir. 1996), abrogated in part by Vill. of Willowbrook v. Olech, 528 U.S. 562 , 145 L.

12009–2009
Futernick v. Sumpter Township green
ca6 · 1996
2 sentences

2009Futernick v. Sumpter, 78 F.3d 1051 (6th Cir. 1996), abrogated in part by Vill. of Willowbrook v. Olech, 528 U.S. 562 , 145 L.

2009Futernick v. Sumpter, 78 F.3d 1051 (6th Cir.1996), abrogated in part by Vill. of Willowbrook v. Olech, 528 U.S. 562 , 120 S.Ct. 1073 , 145 L.Ed.2d 1060 (2000) (per curiam).

12009–2009

Where else courts name it

OH 41 (1997–2026) TX 36 (1994–2024) PA 8 (1991–2020) MS 7 (1998–2020) CO 7 (2009–2026) FL 6 (1990–2023) NC 5 (2005–2022) MA 5 (2001–2023) CT 5 (1999–2017) NJ 5 (1991–2022) VA 4 (2003–2004) NM 4 (1991–2012) VT 4 (1997–2016) MD 4 (1996–2012) SD 3 (1994–2003) DC 3 (1990–2001) DE 3 (2014–2024) WI 3 (2001–2019) KS 3 (2018–2022) CA 3 (2000–2022) PR 2 (2008–2008) ME 2 (1993–2001) AL 2 (2010–2016) IL 2 (2010–2010)

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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