omitted instruction (North Carolina) · Go Syfert
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omitted instruction in North Carolina

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.

Followed or applied (12)

CaseFollowedCited
Hammel v. Usf Dugan, Inc.green
ncctapp · 2006 · cited in 8 North Carolina opinions naming this issue, 2013–2023
2 sentences

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).

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.

48
Bass v. Johnsongreen
ncctapp · 2002 · cited in 6 North Carolina opinions naming this issue, 2002–2012
2 sentences

2012“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.

46
Robinson v. Seaboard System RR, Inc.green
ncctapp · 1987 · cited in 6 North Carolina opinions naming this issue, 1998–2006
2 sentences

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.

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.

26
State v. Whitegreen
ncctapp · 1985 · cited in 5 North Carolina opinions naming this issue, 1995–2016
2 sentences

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).

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).

25
Outlaw v. Johnsongreen
ncctapp · 2008 · cited in 2 North Carolina opinions naming this issue, 2023–2023
2 sentences

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).

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).

22
State v. Graygreen
nc · 1994 · cited in 2 North Carolina opinions naming this issue, 1995–2014
2 sentences

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)).

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)).

22
State v. Thompsongreen
ncctapp · 1995 · cited in 2 North Carolina opinions naming this issue, 2000–2004
2 sentences

2004App. 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.

12
State v. Robinsongreen
ncctapp · 2016 · cited in 1 North Carolina opinions naming this issue, 2025–2025
2 sentences

2025For 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).

11
State v. Lambgreen
nc · 1988 · cited in 1 North Carolina opinions naming this issue, 2009–2009
2 sentences

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”).

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”).

11
Davis v. Balsergreen
ncctapp · 2002 · cited in 1 North Carolina opinions naming this issue, 2008–2008
2 sentences

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).

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).

11
State v. Williamsgreen
nc · 1993 · cited in 1 North Carolina opinions naming this issue, 2008–2008
2 sentences

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).

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).

11
Lockhart v. Pilot Life Insurancegreen
nc · 1927 · cited in 1 North Carolina opinions naming this issue, 1929–1929
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 (20)

CaseCitedYears
Robinson v. Seaboard System Railroad green
nc · 1988
2 sentences

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.

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.

41998–2006
State v. Bell green
nc · 1994
2 sentences

2022Bell, 338 N.C. at 391 .

2022Bell, 338 N.C. at 391 .

22022–2022
State v. White neutral
nc · 1985
2 sentences

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)).

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)).

21995–2014
State v. Farmer green
ncctapp · 2000
2 sentences

2004A 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.

22002–2004
State v. Farmer green
nc · 2000
2 sentences

2004App. 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).

22002–2004
State v. Brichikov green
nc · 2022
1 sentence

2025State v. Brichikov, 383 N.C. 543 , 557 (2022).

12025–2025
State v. Peoples green
ncctapp · 2004
2 sentences

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).

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).

12016–2016
State v. Bettis green
ncctapp · 2010
2 sentences

2015App. 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.

12015–2015
State v. Ramseur green
ncctapp · 2013
1 sentence

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

12015–2015
State v. Dale green
nc · 1996
2 sentences

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

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

12015–2015
State v. Ramseur neutral
nc · 2013
2 sentences

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

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

12015–2015
State v. Thompson neutral
nc · 1995
1 sentence

2014“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.

12014–2014
State v. Haywood green
ncctapp · 2001
2 sentences

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).

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).

12006–2006
Jones v. SATTERFIELD DEVELOPMENT COMPANY green
ncctapp · 1972
1 sentence

2006"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.

12006–2006
Ormond v. Crampton neutral
nc · 1972
1 sentence

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.

12006–2006
Pharo v. Carlyle green
nc · 1988
1 sentence

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.

12006–2006
State v. Davis green
nc · 1976
2 sentences

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).

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).

11985–1985
State v. Corn green
nc · 1982
2 sentences

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).

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).

11985–1985
State v. Paige green
nc · 1968
2 sentences

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).

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).

11971–1971
State v. Rainey green
nc · 1953
11971–1971

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 8C-1 (10) NC § N.C. Gen. Stat. § 15A-1443 (9) NC § N.C. Gen. Stat. § 1A-1 (7) NC § N.C. Gen. Stat. § 14-51.3 (3) NC § N.C. Gen. Stat. § 14-51.4 (3) NC § N.C. Gen. Stat. § 7A-27 (3)

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.

Where else courts name it

CA 253 (1934–2026) TX 52 (1883–2025) NC 41 (1929–2025) FL 36 (1949–2026) NJ 32 (1983–2026) IL 32 (1964–2025) MI 21 (1982–2026) IN 20 (1976–2018) LA 19 (1993–2026) KS 17 (1972–2026) OH 16 (1985–2023) PA 12 (1927–2020) WA 11 (1987–2021) MA 10 (1904–2025) AZ 10 (1980–2024) TN 9 (1980–2026) AL 9 (1950–2023) GA 9 (1929–2024) KY 7 (1928–2026) ID 7 (1991–2022) CT 6 (2003–2025) DC 6 (1978–2015) NY 6 (1977–2023) NM 5 (1947–2020) MO 4 (1986–2019) MD 3 (1960–2021) NV 3 (2004–2022) CO 2 (1984–2026) ND 2 (1985–2009) MN 2 (1990–2013) ME 2 (1944–1954) SD 2 (2006–2008) UT 2 (1995–2011) VA 2 (1921–2024) WI 2 (1910–2004) OK 2 (2013–2019) VI 2 (2012–2025) NE 2 (1987–2006)

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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