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41 North Carolina opinions name it 2 courts 1929–2025 6 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 |
|---|---|---|
Hammel v. Usf Dugan, Inc.green2 sentences2023Hammel v. USF Dugan, Inc., 178 N.C. App. 344, 347 , 631 S.E.2d 174, 177 (2006) A specific jury instruction should be given when: “(1) the requested instruction was a correct statement of law and (2) was supported by the evidence, and that (3) the instruction given, considered in its entirety, failed to encompass the substance of the law requested and (4) such failure likely misled the jury.” Outlaw v. Johnson, 190 N.C. App. 233, 243 , 660 S.E.2d 550, 559 (2008). 2013“The party asserting error bears the burden of showing that the jury was misled or that the verdict was affected by an omitted instruction.” Hammel v. USF Dugan, Inc., 178 N.C. | 4 | 8 |
Bass v. Johnsongreen2 sentences2012“The party asserting error bears the burden of showing that the jury was misled or that the verdict was affected by an omitted instruction.” Bass v. Johnson, 149 N.C. 2004The burden is on the party assigning error to show ‘that the jury was misled or that the verdict was affected by an omitted instruction.’ Bass v. Johnson, 149 N.C. | 4 | 6 |
Robinson v. Seaboard System RR, Inc.green2 sentences2006App. 512, 524 , 361 S.E.2d 909, 917 (1987), disc. review denied, 321 N.C. 474 , 364 S.E.2d 924 (1988)). “ ‘Under such a standard of review, it is not enough for the appealing party to show that error occurred in the jury instructions; rather, it must be demonstrated that such error was likely, in light of the entire charge, to mislead the jury.’ ” Id. (quoting Robinson, 87 N.C. 2006As defendant now asserts there was error in the instruction, defendant “bears the burden of showing that the jury was misled or that the verdict was affected by an omitted instruction.” Id. (citing Robinson v. Seaboard System Railroad, 87 N.C. | 2 | 6 |
State v. Whitegreen2 sentences2016To prevail on appeal from the trial court's failure to instruct jurors on a defense, a defendant "must show that the requested instruction was not given in substance, and that substantial evidence supported the omitted instruction." State v. White , 77 N.C.App. 45 , 52, 334 S.E.2d 786 , 792 (1985) (citations omitted). 2016To prevail on appeal from the trial court's failure to instruct jurors on a defense, a defendant "must show that the requested instruction was not given in substance, and that substantial evidence supported the omitted instruction." State v. White , 77 N.C.App. 45 , 52, 334 S.E.2d 786 , 792 (1985) (citations omitted). | 2 | 5 |
Outlaw v. Johnsongreen2 sentences2023Hammel v. USF Dugan, Inc., 178 N.C. App. 344, 347 , 631 S.E.2d 174, 177 (2006) A specific jury instruction should be given when: “(1) the requested instruction was a correct statement of law and (2) was supported by the evidence, and that (3) the instruction given, considered in its entirety, failed to encompass the substance of the law requested and (4) such failure likely misled the jury.” Outlaw v. Johnson, 190 N.C. App. 233, 243 , 660 S.E.2d 550, 559 (2008). 2023Hammel v. USF Dugan, Inc., 178 N.C. App. 344, 347 , 631 S.E.2d 174, 177 (2006) A specific jury instruction should be given when: “(1) the requested instruction was a correct statement of law and (2) was supported by the evidence, and that (3) the instruction given, considered in its entirety, failed to encompass the substance of the law requested and (4) such failure likely misled the jury.” Outlaw v. Johnson, 190 N.C. App. 233, 243 , 660 S.E.2d 550, 559 (2008). | 2 | 2 |
State v. Graygreen2 sentences2014App. 45, 52 , 334 S.E.2d 786, 792 , cert. denied, 315 N.C. 189 , 337 S.E.2d 864 (1985), and State v. Gray, 337 N.C. 772, 777-78 , 448 S.E.2d 794, 798 (1994)). 2014App. 45, 52 , 334 S.E.2d 786, 792 , cert. denied, 315 N.C. 189 , 337 S.E.2d 864 (1985), and State v. Gray, 337 N.C. 772, 777-78 , 448 S.E.2d 794, 798 (1994)). | 2 | 2 |
State v. Thompsongreen2 sentences2004App. 33, 36 , 454 S.E.2d 271, 273 (1995) (quoting State v. White, 77 N.C. 2004“If a requested instruction is refused, defendant on appeal must show the proposed instruction was ‘not given in substance, and that substantial evidence supported the omitted instruction.’ ” State v. Thompson, 118 N.C. | 1 | 2 |
State v. Robinsongreen2 sentences2025For purposes of whether the trial court should give a jury instruction on accident, we “consider the evidence in the light most favorable to [the] defendant.” Id. (quotation omitted). 2025To prevail on this challenge, a defendant must demonstrate both “that the requested instruction was not given in substance[ ] and that substantial evidence supported the omitted instruction.” State v. Robinson, 251 N.C. App. 326, 331 (2016) (quotation omitted). | 1 | 1 |
State v. Lambgreen2 sentences2009N.C.G.S. § 15A-1443(a) (2007); State v. Lamb, 321 N.C. 633, 644 , 365 S.E.2d 600, 606 (1988) (concluding it was “not reasonably possible that, had the trial court given [the] defendant’s [requested] instruction verbatim, a different result would have occurred at trial”). 2009N.C.G.S. § 15A-1443(a) (2007); State v. Lamb, 321 N.C. 633, 644 , 365 S.E.2d 600, 606 (1988) (concluding it was “not reasonably possible that, had the trial court given [the] defendant’s [requested] instruction verbatim, a different result would have occurred at trial”). | 1 | 1 |
Davis v. Balsergreen2 sentences2008The charge will be held to be sufficient if it presents the law of the case in such manner as to leave no reasonable cause to believe the jury was misled or misinformed." Id. at 433 , 574 S.E.2d at 179 (internal quotation marks omitted). "[T]he trial court is not required to give requested instructions verbatim, even when they correctly state the law." State v. Williams, 333 N.C. 719, 731 , 430 S.E.2d 888, 894 (1993). 2008The charge will be held to be sufficient if it presents the law of the case in such manner as to leave no reasonable cause to believe the jury was misled or misinformed." Id. at 433 , 574 S.E.2d at 179 (internal quotation marks omitted). "[T]he trial court is not required to give requested instructions verbatim, even when they correctly state the law." State v. Williams, 333 N.C. 719, 731 , 430 S.E.2d 888, 894 (1993). | 1 | 1 |
State v. Williamsgreen2 sentences2008The charge will be held to be sufficient if it presents the law of the case in such manner as to leave no reasonable cause to believe the jury was misled or misinformed." Id. at 433 , 574 S.E.2d at 179 (internal quotation marks omitted). "[T]he trial court is not required to give requested instructions verbatim, even when they correctly state the law." State v. Williams, 333 N.C. 719, 731 , 430 S.E.2d 888, 894 (1993). 2008The charge will be held to be sufficient if it presents the law of the case in such manner as to leave no reasonable cause to believe the jury was misled or misinformed." Id. at 433 , 574 S.E.2d at 179 (internal quotation marks omitted). "[T]he trial court is not required to give requested instructions verbatim, even when they correctly state the law." State v. Williams, 333 N.C. 719, 731 , 430 S.E.2d 888, 894 (1993). | 1 | 1 |
| Lockhart v. Pilot Life Insurancegreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in North Carolina. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Robinson v. Seaboard System Railroad
green
2 sentences2006App. 512, 524 , 361 S.E.2d 909, 917 (1987), disc. review denied, 321 N.C. 474 , 364 S.E.2d 924 (1988)). “ ‘Under such a standard of review, it is not enough for the appealing party to show that error occurred in the jury instructions; rather, it must be demonstrated that such error was likely, in light of the entire charge, to mislead the jury.’ ” Id. (quoting Robinson, 87 N.C. 2006App. 512, 524 , 361 S.E.2d 909, 917 (1987), disc. review denied, 321 N.C. 474 , 364 S.E.2d 924 (1988)). “ ‘Under such a standard of review, it is not enough for the appealing party to show that error occurred in the jury instructions; rather, it must be demonstrated that such error was likely, in light of the entire charge, to mislead the jury.’ ” Id. (quoting Robinson, 87 N.C. | 4 | 1998–2006 |
State v. Bell
green
2 sentences2022Bell, 338 N.C. at 391 . 2022Bell, 338 N.C. at 391 . | 2 | 2022–2022 |
State v. White
neutral
2 sentences2014App. 45, 52 , 334 S.E.2d 786, 792 , cert. denied, 315 N.C. 189 , 337 S.E.2d 864 (1985), and State v. Gray, 337 N.C. 772, 777-78 , 448 S.E.2d 794, 798 (1994)). 2014App. 45, 52 , 334 S.E.2d 786, 792 , cert. denied, 315 N.C. 189 , 337 S.E.2d 864 (1985), and State v. Gray, 337 N.C. 772, 777-78 , 448 S.E.2d 794, 798 (1994)). | 2 | 1995–2014 |
State v. Farmer
green
2 sentences2004A party appealing a trial court’s failure to give a requested instruction “must show that substantial evidence supported the omitted instruction and that the instruction was correct as a matter of law.” State v. Farmer, 138 N.C. 2002“On appeal, defendant must show that substantial evidence supported the omitted instruction and that the instruction was correct as a matter of law.” State v. Farmer, 138 N.C. | 2 | 2002–2004 |
State v. Farmer
green
2 sentences2004App. 127, 133 , 530 S.E.2d 584, 588 , disc. review denied, 352 N.C. 358 , 544 S.E.2d 550 (2000). 2002App. 127, 133 , 530 S.E.2d 584, 588 , disc. review denied, 352 N.C. 358 , 544 S.E.2d 550 (2000). | 2 | 2002–2004 |
State v. Brichikov
green
1 sentence2025State v. Brichikov, 383 N.C. 543 , 557 (2022). | 1 | 2025–2025 |
State v. Peoples
green
2 sentences2016On appeal, "[t]he burden *719 is on the party assigning error to show that the jury was misled or that the verdict was affected by an omitted instruction." State v. Peoples, 167 N.C.App. 63 , 69, 604 S.E.2d 321 , 326 (2004) (citations and quotations omitted). 2016On appeal, "[t]he burden *719 is on the party assigning error to show that the jury was misled or that the verdict was affected by an omitted instruction." State v. Peoples, 167 N.C.App. 63 , 69, 604 S.E.2d 321 , 326 (2004) (citations and quotations omitted). | 1 | 2016–2016 |
State v. Bettis
green
2 sentences2015App. at 727 , 698 S.E.2d at 511-12 . -10- STATE V. 2015Next, defendant contends that the trial court misinstructed the jury on the definition of “appreciable.” As discussed supra, because defendant objected to the trial court’s proposed instruction on the definition of “appreciable,” this issue has been preserved for appeal, and we review to determine whether the “jury was misled or that the verdict was affected by an omitted instruction.” See Bettis, 206 N.C. | 1 | 2015–2015 |
State v. Ramseur
green
1 sentence2015"We review a trial court's denial of a request for jury instructions de novo. " State v. Ramseur, --- N.C.App. ----, 739 S.E.2d 599 , 606, appeal dismissed, review and cert. denied, 366 N.C. 599 , 743 S.E.2d 219 (2013). "[A]n instruction to scrutinize the testimony of a witness on the ground of interest or bias is a subordinate feature of the case which does not require the trial judge to give the cautionary instruction unless there is a request for such an instruction. " State v. Dale, 343 N.C. 71 , 77-78, 468 S.E.2d 39 , 43 (1996) (citation and quotations omitted). [On appeal,] [t]he burden | 1 | 2015–2015 |
State v. Dale
green
2 sentences2015"We review a trial court's denial of a request for jury instructions de novo. " State v. Ramseur, --- N.C.App. ----, 739 S.E.2d 599 , 606, appeal dismissed, review and cert. denied, 366 N.C. 599 , 743 S.E.2d 219 (2013). "[A]n instruction to scrutinize the testimony of a witness on the ground of interest or bias is a subordinate feature of the case which does not require the trial judge to give the cautionary instruction unless there is a request for such an instruction. " State v. Dale, 343 N.C. 71 , 77-78, 468 S.E.2d 39 , 43 (1996) (citation and quotations omitted). [On appeal,] [t]he burden 2015"We review a trial court's denial of a request for jury instructions de novo. " State v. Ramseur, --- N.C.App. ----, 739 S.E.2d 599 , 606, appeal dismissed, review and cert. denied, 366 N.C. 599 , 743 S.E.2d 219 (2013). "[A]n instruction to scrutinize the testimony of a witness on the ground of interest or bias is a subordinate feature of the case which does not require the trial judge to give the cautionary instruction unless there is a request for such an instruction. " State v. Dale, 343 N.C. 71 , 77-78, 468 S.E.2d 39 , 43 (1996) (citation and quotations omitted). [On appeal,] [t]he burden | 1 | 2015–2015 |
State v. Ramseur
neutral
2 sentences2015"We review a trial court's denial of a request for jury instructions de novo. " State v. Ramseur, --- N.C.App. ----, 739 S.E.2d 599 , 606, appeal dismissed, review and cert. denied, 366 N.C. 599 , 743 S.E.2d 219 (2013). "[A]n instruction to scrutinize the testimony of a witness on the ground of interest or bias is a subordinate feature of the case which does not require the trial judge to give the cautionary instruction unless there is a request for such an instruction. " State v. Dale, 343 N.C. 71 , 77-78, 468 S.E.2d 39 , 43 (1996) (citation and quotations omitted). [On appeal,] [t]he burden 2015"We review a trial court's denial of a request for jury instructions de novo. " State v. Ramseur, --- N.C.App. ----, 739 S.E.2d 599 , 606, appeal dismissed, review and cert. denied, 366 N.C. 599 , 743 S.E.2d 219 (2013). "[A]n instruction to scrutinize the testimony of a witness on the ground of interest or bias is a subordinate feature of the case which does not require the trial judge to give the cautionary instruction unless there is a request for such an instruction. " State v. Dale, 343 N.C. 71 , 77-78, 468 S.E.2d 39 , 43 (1996) (citation and quotations omitted). [On appeal,] [t]he burden | 1 | 2015–2015 |
State v. Thompson
neutral
1 sentence2014“If a requested instruction is refused, defendant on appeal must show the proposed instruction was not given in substance, and that substantial evidence supported the omitted instruction,” with “ ‘[substantial evidence’ [being] that amount of relevant evidence that a reasonable mind might accept as adequate to support a conclusion.” Id. (internal quotation marks omitted) (quoting State v. White, 77 N.C. | 1 | 2014–2014 |
State v. Haywood
green
2 sentences2006"A trial court must give a requested instruction if it is a correct statement of the law and is supported by the evidence." State v. Haywood, 144 N.C.App. 223 , 234, 550 S.E.2d 38 , 45 (2001) (emphasis added). 2006"A trial court must give a requested instruction if it is a correct statement of the law and is supported by the evidence." State v. Haywood, 144 N.C.App. 223 , 234, 550 S.E.2d 38 , 45 (2001) (emphasis added). | 1 | 2006–2006 |
Jones v. SATTERFIELD DEVELOPMENT COMPANY
green
1 sentence2006"The party asserting error bears the burden of showing that the jury was misled or that the verdict was affected by an omitted instruction." Id. ___ N.C.App. at ___, 625 S.E.2d at 181. | 1 | 2006–2006 |
Ormond v. Crampton
neutral
1 sentence2006As defendant now asserts there was error in the instruction, defendant “bears the burden of showing that the jury was misled or that the verdict was affected by an omitted instruction.” Id. (citing Robinson v. Seaboard System Railroad, 87 N.C. | 1 | 2006–2006 |
Pharo v. Carlyle
green
1 sentence2006App. 512, 524 , 361 S.E.2d 909, 917 (1987), disc. review denied, 321 N.C. 474 , 364 S.E.2d 924 (1988)). “ ‘Under such a standard of review, it is not enough for the appealing party to show that error occurred in the jury instructions; rather, it must be demonstrated that such error was likely, in light of the entire charge, to mislead the jury.’ ” Id. (quoting Robinson, 87 N.C. | 1 | 2006–2006 |
State v. Davis
green
2 sentences1985State v. Davis, 291 N.C. 1 , 229 S.E. 2d 285 (1976); State v. Corn, 307 N.C. 79 , 296 S.E. 2d 261 (1982). 1985State v. Davis, 291 N.C. 1 , 229 S.E. 2d 285 (1976); State v. Corn, 307 N.C. 79 , 296 S.E. 2d 261 (1982). | 1 | 1985–1985 |
State v. Corn
green
2 sentences1985State v. Davis, 291 N.C. 1 , 229 S.E. 2d 285 (1976); State v. Corn, 307 N.C. 79 , 296 S.E. 2d 261 (1982). 1985State v. Davis, 291 N.C. 1 , 229 S.E. 2d 285 (1976); State v. Corn, 307 N.C. 79 , 296 S.E. 2d 261 (1982). | 1 | 1985–1985 |
State v. Paige
green
2 sentences1971State v. Paige, 272 N.C. 417 , 158 S.E. 2d 522 (1968); State v. Rainey, 236 N.C. 738 , 74 S.E. 2d 39 (1953). 1971State v. Paige, 272 N.C. 417 , 158 S.E. 2d 522 (1968); State v. Rainey, 236 N.C. 738 , 74 S.E. 2d 39 (1953). | 1 | 1971–1971 |
| State v. Rainey green | 1 | 1971–1971 |
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.