section 15 circumstance (North Carolina) · Go Syfert
← North Carolina issues

section 15 circumstance in North Carolina

29 North Carolina opinions name it 2 courts 1984–2024 3 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 (27)

CaseFollowedCited
State v. McNeillgreen
nc · 1997 · cited in 3 North Carolina opinions naming this issue, 1998–2000
2 sentences

2000See Thomas, 350 N.C. at 344 , 514 S.E.2d at 504 ; State v. McNeill, 346 N.C. 233, 241 , 485 S.E.2d 284, 289 (1997), cert. denied, 522 U.S. 1053 , 139 L.

2000See Thomas, 350 N.C. at 344 , 514 S.E.2d at 504 ; State v. McNeill, 346 N.C. 233, 241 , 485 S.E.2d 284, 289 (1997), cert. denied, 522 U.S. 1053 , 139 L.

33
State v. McNeillgreen
nc · 2018 · cited in 2 North Carolina opinions naming this issue, 2023–2023
2 sentences

2023See State v. Leary, 344 N.C. 109, 119 (1996) (addressing culpability and specific intent to kill in determining whether the defendant was eligible for the death penalty); State v. Hunt, 357 N.C. 257, 269 (“Since the genesis of the short-form murder indictment in 1887, its validity has continually been avowed by the General Assembly.”), cert. denied, 539 U.S. 985 (2003); State v. Gregory, 340 N.C. 365, 412 (1995) (holding that the submission of the aggravating circumstance in N.C.G.S. § 15A-2000(e)(5) is proper when a murder occurred during the commission of one of the enumerated felonies but w

2023See State v. Leary, 344 N.C. 109, 119 (1996) (addressing culpability and specific intent to kill in determining whether the defendant was eligible for the death penalty); State v. Hunt, 357 N.C. 257, 269 (“Since the genesis of the short-form murder indictment in 1887, its validity has continually been avowed by the General Assembly.”), cert. denied, 539 U.S. 985 (2003); State v. Gregory, 340 N.C. 365, 412 (1995) (holding that the submission of the aggravating circumstance in N.C.G.S. § 15A-2000(e)(5) is proper when a murder occurred during the commission of one of the enumerated felonies but w

22
State v. Huntgreen
nc · 2003 · cited in 2 North Carolina opinions naming this issue, 2023–2023
2 sentences

2023See State v. Leary, 344 N.C. 109, 119 (1996) (addressing culpability and specific intent to kill in determining whether the defendant was eligible for the death penalty); State v. Hunt, 357 N.C. 257, 269 (“Since the genesis of the short-form murder indictment in 1887, its validity has continually been avowed by the General Assembly.”), cert. denied, 539 U.S. 985 (2003); State v. Gregory, 340 N.C. 365, 412 (1995) (holding that the submission of the aggravating circumstance in N.C.G.S. § 15A-2000(e)(5) is proper when a murder occurred during the commission of one of the enumerated felonies but w

2023See State v. Leary, 344 N.C. 109, 119 (1996) (addressing culpability and specific intent to kill in determining whether the defendant was eligible for the death penalty); State v. Hunt, 357 N.C. 257, 269 (“Since the genesis of the short-form murder indictment in 1887, its validity has continually been avowed by the General Assembly.”), cert. denied, 539 U.S. 985 (2003); State v. Gregory, 340 N.C. 365, 412 (1995) (holding that the submission of the aggravating circumstance in N.C.G.S. § 15A-2000(e)(5) is proper when a murder occurred during the commission of one of the enumerated felonies but w

22
State v. Gregorygreen
nc · 1995 · cited in 2 North Carolina opinions naming this issue, 2023–2023
2 sentences

2023See State v. Leary, 344 N.C. 109, 119 (1996) (addressing culpability and specific intent to kill in determining whether the defendant was eligible for the death penalty); State v. Hunt, 357 N.C. 257, 269 (“Since the genesis of the short-form murder indictment in 1887, its validity has continually been avowed by the General Assembly.”), cert. denied, 539 U.S. 985 (2003); State v. Gregory, 340 N.C. 365, 412 (1995) (holding that the submission of the aggravating circumstance in N.C.G.S. § 15A-2000(e)(5) is proper when a murder occurred during the commission of one of the enumerated felonies but w

2023See State v. Leary, 344 N.C. 109, 119 (1996) (addressing culpability and specific intent to kill in determining whether the defendant was eligible for the death penalty); State v. Hunt, 357 N.C. 257, 269 (“Since the genesis of the short-form murder indictment in 1887, its validity has continually been avowed by the General Assembly.”), cert. denied, 539 U.S. 985 (2003); State v. Gregory, 340 N.C. 365, 412 (1995) (holding that the submission of the aggravating circumstance in N.C.G.S. § 15A-2000(e)(5) is proper when a murder occurred during the commission of one of the enumerated felonies but w

22
State v. Thompsongreen
nc · 2004 · cited in 2 North Carolina opinions naming this issue, 2023–2023
2 sentences

2023See State v. Leary, 344 N.C. 109, 119 (1996) (addressing culpability and specific intent to kill in determining whether the defendant was eligible for the death penalty); State v. Hunt, 357 N.C. 257, 269 (“Since the genesis of the short-form murder indictment in 1887, its validity has continually been avowed by the General Assembly.”), cert. denied, 539 U.S. 985 (2003); State v. Gregory, 340 N.C. 365, 412 (1995) (holding that the submission of the aggravating circumstance in N.C.G.S. § 15A-2000(e)(5) is proper when a murder occurred during the commission of one of the enumerated felonies but w

2023See State v. Leary, 344 N.C. 109, 119 (1996) (addressing culpability and specific intent to kill in determining whether the defendant was eligible for the death penalty); State v. Hunt, 357 N.C. 257, 269 (“Since the genesis of the short-form murder indictment in 1887, its validity has continually been avowed by the General Assembly.”), cert. denied, 539 U.S. 985 (2003); State v. Gregory, 340 N.C. 365, 412 (1995) (holding that the submission of the aggravating circumstance in N.C.G.S. § 15A-2000(e)(5) is proper when a murder occurred during the commission of one of the enumerated felonies but w

22
State v. Learygreen
nc · 1996 · cited in 2 North Carolina opinions naming this issue, 2023–2023
2 sentences

2023See State v. Leary, 344 N.C. 109, 119 (1996) (addressing culpability and specific intent to kill in determining whether the defendant was eligible for the death penalty); State v. Hunt, 357 N.C. 257, 269 (“Since the genesis of the short-form murder indictment in 1887, its validity has continually been avowed by the General Assembly.”), cert. denied, 539 U.S. 985 (2003); State v. Gregory, 340 N.C. 365, 412 (1995) (holding that the submission of the aggravating circumstance in N.C.G.S. § 15A-2000(e)(5) is proper when a murder occurred during the commission of one of the enumerated felonies but w

2023See State v. Leary, 344 N.C. 109, 119 (1996) (addressing culpability and specific intent to kill in determining whether the defendant was eligible for the death penalty); State v. Hunt, 357 N.C. 257, 269 (“Since the genesis of the short-form murder indictment in 1887, its validity has continually been avowed by the General Assembly.”), cert. denied, 539 U.S. 985 (2003); State v. Gregory, 340 N.C. 365, 412 (1995) (holding that the submission of the aggravating circumstance in N.C.G.S. § 15A-2000(e)(5) is proper when a murder occurred during the commission of one of the enumerated felonies but w

22
State v. Geddiegreen
nc · 1996 · cited in 2 North Carolina opinions naming this issue, 2018–2018
2 sentences

2018See Geddie , 345 N.C. at 102 , 478 S.E.2d at 161 .

2018See Geddie , 345 N.C. at 102 , 478 S.E.2d at 161 .

22
Maloney v. Workers' Compensation Appeals Boardgreen
scotus · 1998 · cited in 3 North Carolina opinions naming this issue, 1998–2000
2 sentences

2000See Thomas, 350 N.C. at 344 , 514 S.E.2d at 504 ; State v. McNeill, 346 N.C. 233, 241 , 485 S.E.2d 284, 289 (1997), cert. denied, 522 U.S. 1053 , 139 L.

1999See State v. McNeill, 346 N.C. 233, 241 , 485 S.E.2d 284, 289 (1997), cert. denied, -U.S.-, 139 L.

13
State v. Cheekgreen
nc · 1999 · cited in 2 North Carolina opinions naming this issue, 2005–2005
2 sentences

2005State v. Cheek, 351 N.C. 48 , 76, 520 S.E.2d 545 , 561 (1999) (finding no error in the trial court's submission of separate aggravating circumstances under N.C.G.S. § 15A-2000 (e)(5) based on defendant's commission of a robbery and a kidnapping during the course of the murder), cert. denied, 530 U.S. 1245 , 147 L.

2005State v. Cheek, 351 N.C. 48 , 76, 520 S.E.2d 545 , 561 (1999) (finding no error in the trial court's submission of separate aggravating circumstances under N.C.G.S. § 15A-2000 (e)(5) based on defendant's commission of a robbery and a kidnapping during the course of the murder), cert. denied, 530 U.S. 1245 , 147 L.

12
State v. Charles Phillips Bondgreen
nc · 1996 · cited in 2 North Carolina opinions naming this issue, 2005–2005
2 sentences

2005State v. Cheek, 351 N.C. 48, 76 , 520 S.E.2d 545, 561 (1999) (finding no error in the trial court's submission of separate aggravating circumstances under N.C.G.S. § 15A-2000 (e)(5) based on defendant's commission of a robbery and a kidnapping during the course of the murder), cert. denied, 530 U.S. 1245 , 120 S.Ct. 2694 , 147 L.Ed.2d 965 (2000); State v. Bond, 345 N.C. 1, 34-35 , 478 S.E.2d 163, 181 (1996), cert. denied, 521 U.S. 1124 , 117 S.Ct. 2521 , 138 L.Ed.2d 1022 (1997) (same); see also State v. Trull, 349 N.C. 428, 454 , 509 S.E.2d 178, 195 (1998) (no error to submit both rape and kid

2005State v. Cheek, 351 N.C. 48, 76 , 520 S.E.2d 545, 561 (1999) (finding no error in the trial court's submission of separate aggravating circumstances under N.C.G.S. § 15A-2000 (e)(5) based on defendant's commission of a robbery and a kidnapping during the course of the murder), cert. denied, 530 U.S. 1245 , 120 S.Ct. 2694 , 147 L.Ed.2d 965 (2000); State v. Bond, 345 N.C. 1, 34-35 , 478 S.E.2d 163, 181 (1996), cert. denied, 521 U.S. 1124 , 117 S.Ct. 2521 , 138 L.Ed.2d 1022 (1997) (same); see also State v. Trull, 349 N.C. 428, 454 , 509 S.E.2d 178, 195 (1998) (no error to submit both rape and kid

12
State v. Goodmangreen
nc · 1979 · cited in 2 North Carolina opinions naming this issue, 1986–1997
2 sentences

1997State v. Goodman, 298 N.C. 1, 24 , 257 S.E.2d 569, 584 (1979).

1997State v. Goodman, 298 N.C. 1, 24 , 257 S.E.2d 569, 584 (1979).

12
State v. Golphingreen
nc · 2000 · cited in 1 North Carolina opinions naming this issue, 2024–2024
1 sentence

2024See Golphin, 352 N.C. at 464 .

11
State v. Trullgreen
nc · 1998 · cited in 1 North Carolina opinions naming this issue, 2005–2005
2 sentences

2005State v. Cheek, 351 N.C. 48, 76 , 520 S.E.2d 545, 561 (1999) (finding no error in the trial court's submission of separate aggravating circumstances under N.C.G.S. § 15A-2000 (e)(5) based on defendant's commission of a robbery and a kidnapping during the course of the murder), cert. denied, 530 U.S. 1245 , 120 S.Ct. 2694 , 147 L.Ed.2d 965 (2000); State v. Bond, 345 N.C. 1, 34-35 , 478 S.E.2d 163, 181 (1996), cert. denied, 521 U.S. 1124 , 117 S.Ct. 2521 , 138 L.Ed.2d 1022 (1997) (same); see also State v. Trull, 349 N.C. 428, 454 , 509 S.E.2d 178, 195 (1998) (no error to submit both rape and kid

2005State v. Cheek, 351 N.C. 48, 76 , 520 S.E.2d 545, 561 (1999) (finding no error in the trial court's submission of separate aggravating circumstances under N.C.G.S. § 15A-2000 (e)(5) based on defendant's commission of a robbery and a kidnapping during the course of the murder), cert. denied, 530 U.S. 1245 , 120 S.Ct. 2694 , 147 L.Ed.2d 965 (2000); State v. Bond, 345 N.C. 1, 34-35 , 478 S.E.2d 163, 181 (1996), cert. denied, 521 U.S. 1124 , 117 S.Ct. 2521 , 138 L.Ed.2d 1022 (1997) (same); see also State v. Trull, 349 N.C. 428, 454 , 509 S.E.2d 178, 195 (1998) (no error to submit both rape and kid

11
Trull v. North Carolinagreen
scotus · 1999 · cited in 1 North Carolina opinions naming this issue, 2005–2005
2 sentences

2005State v. Cheek, 351 N.C. 48, 76 , 520 S.E.2d 545, 561 (1999) (finding no error in the trial court's submission of separate aggravating circumstances under N.C.G.S. § 15A-2000 (e)(5) based on defendant's commission of a robbery and a kidnapping during the course of the murder), cert. denied, 530 U.S. 1245 , 120 S.Ct. 2694 , 147 L.Ed.2d 965 (2000); State v. Bond, 345 N.C. 1, 34-35 , 478 S.E.2d 163, 181 (1996), cert. denied, 521 U.S. 1124 , 117 S.Ct. 2521 , 138 L.Ed.2d 1022 (1997) (same); see also State v. Trull, 349 N.C. 428, 454 , 509 S.E.2d 178, 195 (1998) (no error to submit both rape and kid

2005State v. Cheek, 351 N.C. 48, 76 , 520 S.E.2d 545, 561 (1999) (finding no error in the trial court's submission of separate aggravating circumstances under N.C.G.S. § 15A-2000 (e)(5) based on defendant's commission of a robbery and a kidnapping during the course of the murder), cert. denied, 530 U.S. 1245 , 120 S.Ct. 2694 , 147 L.Ed.2d 965 (2000); State v. Bond, 345 N.C. 1, 34-35 , 478 S.E.2d 163, 181 (1996), cert. denied, 521 U.S. 1124 , 117 S.Ct. 2521 , 138 L.Ed.2d 1022 (1997) (same); see also State v. Trull, 349 N.C. 428, 454 , 509 S.E.2d 178, 195 (1998) (no error to submit both rape and kid

11
State v. Thomasgreen
nc · 1999 · cited in 1 North Carolina opinions naming this issue, 2000–2000
2 sentences

2000See Thomas, 350 N.C. at 344 , 514 S.E.2d at 504 ; State v. McNeill, 346 N.C. 233, 241 , 485 S.E.2d 284, 289 (1997), cert. denied, 522 U.S. 1053 , 139 L.

2000See Thomas, 350 N.C. at 344 , 514 S.E.2d at 504 ; State v. McNeill, 346 N.C. 233, 241 , 485 S.E.2d 284, 289 (1997), cert. denied, 522 U.S. 1053 , 139 L.

11
State v. Jenningsgreen
nc · 1993 · cited in 1 North Carolina opinions naming this issue, 1998–1998
1 sentence

1998In order for the jury to find that the aggravating circumstance in N.C.G.S. § 15A-2000(e)(5) was present in that case, it had to conclude that “[t]he capital felony was committed while the defendant was engaged ... in the commission of, or an attempt to commit... a sex offense.” Id. at 616, 430 S.E.2d at 207 (second and third alterations in original).

11
State v. Younggreen
nc · 1985 · cited in 1 North Carolina opinions naming this issue, 1997–1997
2 sentences

1997Ed. 2d 83 (1995); and (j) refusing to instruct the jury that a sentence of life imprisonment would be imposed if the jury was unable to reach a unanimous agreement on the proper sentence, see State v. Young, 312 N.C. at 685, 325 S.E.2d at 191 .

1997Ed. 2d 83 (1995); and (j) refusing to instruct the jury that a sentence of life imprisonment would be imposed if the jury was unable to reach a unanimous agreement on the proper sentence, see State v. Young, 312 N.C. at 685, 325 S.E.2d at 191 .

11
State v. Coffeygreen
nc · 1994 · cited in 1 North Carolina opinions naming this issue, 1996–1996
2 sentences

1996Coffey, 336 N.C. at 418-19 , 444 S.E.2d at 435 (emphasis added).

1996Coffey, 336 N.C. at 418-19 , 444 S.E.2d at 435 (emphasis added).

11
Scull v. Stategreen
fla · 1988 · cited in 1 North Carolina opinions naming this issue, 1994–1994
11
Williams v. Hevi-Duty Electric Co.green
scotus · 1987 · cited in 1 North Carolina opinions naming this issue, 1994–1994
11
State v. Browngreen
nc · 1987 · cited in 1 North Carolina opinions naming this issue, 1994–1994
11
State v. Greengreen
nc · 1994 · cited in 1 North Carolina opinions naming this issue, 1994–1994
11
State v. Huffyellow
nc · 1989 · cited in 1 North Carolina opinions naming this issue, 1991–1991
11
State v. Stanleygreen
nc · 1984 · cited in 1 North Carolina opinions naming this issue, 1988–1988
11
State v. Barfieldred
nc · 1979 · cited in 1 North Carolina opinions naming this issue, 1987–1987
11
State v. Rookgreen
nc · 1981 · cited in 1 North Carolina opinions naming this issue, 1987–1987
11
State v. Browngreen
nc · 1982 · cited in 1 North Carolina opinions naming this issue, 1984–1984
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 (28)

CaseCitedYears
Hunt v. North Carolina green
scotus · 2003
2 sentences

2023See State v. Leary, 344 N.C. 109, 119 (1996) (addressing culpability and specific intent to kill in determining whether the defendant was eligible for the death penalty); State v. Hunt, 357 N.C. 257, 269 (“Since the genesis of the short-form murder indictment in 1887, its validity has continually been avowed by the General Assembly.”), cert. denied, 539 U.S. 985 (2003); State v. Gregory, 340 N.C. 365, 412 (1995) (holding that the submission of the aggravating circumstance in N.C.G.S. § 15A-2000(e)(5) is proper when a murder occurred during the commission of one of the enumerated felonies but w

2023See State v. Leary, 344 N.C. 109, 119 (1996) (addressing culpability and specific intent to kill in determining whether the defendant was eligible for the death penalty); State v. Hunt, 357 N.C. 257, 269 (“Since the genesis of the short-form murder indictment in 1887, its validity has continually been avowed by the General Assembly.”), cert. denied, 539 U.S. 985 (2003); State v. Gregory, 340 N.C. 365, 412 (1995) (holding that the submission of the aggravating circumstance in N.C.G.S. § 15A-2000(e)(5) is proper when a murder occurred during the commission of one of the enumerated felonies but w

22023–2023
State v. Johnson red
nc · 1979
2 sentences

2018According to defendant, the record contained ample evidence tending to show that that defendant's "capacity ... to appreciate the criminality of his conduct or to conform his conduct to the requirements of law was impaired," quoting N.C.G.S. § 15A-2000(f)(6), with the jury being entitled to find the existence of the statutory mitigating circumstance enumerated in N.C.G.S. § 15A-2000(f)(6) "even if a defendant has capacity to know right from wrong, to know that the act he committed was wrong, and to the know the nature and quality of the act," quoting State v. Johnson , 298 N.C. 47 , 68, 257 S.

2018According to defendant, the record contained ample evidence tending to show that that defendant's "capacity ... to appreciate the criminality of his conduct or to conform his conduct to the requirements of law was impaired," quoting N.C.G.S. § 15A-2000(f)(6), with the jury being entitled to find the existence of the statutory mitigating circumstance enumerated in N.C.G.S. § 15A-2000(f)(6) "even if a defendant has capacity to know right from wrong, to know that the act he committed was wrong, and to the know the nature and quality of the act," quoting State v. Johnson , 298 N.C. 47 , 68, 257 S.

21989–2018
State v. Greene green
nc · 1991
2 sentences

2018The State’s argument to the contrary notwithstanding, this Court has held that an erroneous failure to submit a statutory mitigating circumstance to the jury at a capital sentencing hearing is not cured by the submission of other statutory and non-statutory mitigating circumstances given that “[e]ach mitigating circumstance is a discrete circumstance” with “its own meaning and effect.” Greene, 329 N.C. at 776 , 408 S.E.2d at 187 .

2018The State’s argument to the contrary notwithstanding, this Court has held that an erroneous failure to submit a statutory mitigating circumstance to the jury at a capital sentencing hearing is not cured by the submission of other statutory and non-statutory mitigating circumstances given that “[e]ach mitigating circumstance is a discrete circumstance” with “its own meaning and effect.” Greene, 329 N.C. at 776 , 408 S.E.2d at 187 .

22018–2018
Bond v. North Carolina green
scotus · 1997
2 sentences

2005State v. Cheek, 351 N.C. 48, 76 , 520 S.E.2d 545, 561 (1999) (finding no error in the trial court's submission of separate aggravating circumstances under N.C.G.S. § 15A-2000 (e)(5) based on defendant's commission of a robbery and a kidnapping during the course of the murder), cert. denied, 530 U.S. 1245 , 120 S.Ct. 2694 , 147 L.Ed.2d 965 (2000); State v. Bond, 345 N.C. 1, 34-35 , 478 S.E.2d 163, 181 (1996), cert. denied, 521 U.S. 1124 , 117 S.Ct. 2521 , 138 L.Ed.2d 1022 (1997) (same); see also State v. Trull, 349 N.C. 428, 454 , 509 S.E.2d 178, 195 (1998) (no error to submit both rape and kid

2005State v. Cheek, 351 N.C. 48, 76 , 520 S.E.2d 545, 561 (1999) (finding no error in the trial court's submission of separate aggravating circumstances under N.C.G.S. § 15A-2000 (e)(5) based on defendant's commission of a robbery and a kidnapping during the course of the murder), cert. denied, 530 U.S. 1245 , 120 S.Ct. 2694 , 147 L.Ed.2d 965 (2000); State v. Bond, 345 N.C. 1, 34-35 , 478 S.E.2d 163, 181 (1996), cert. denied, 521 U.S. 1124 , 117 S.Ct. 2521 , 138 L.Ed.2d 1022 (1997) (same); see also State v. Trull, 349 N.C. 428, 454 , 509 S.E.2d 178, 195 (1998) (no error to submit both rape and kid

22005–2005
Washington v. Oakland Unified School District green
scotus · 1997
2 sentences

2005State v. Cheek, 351 N.C. 48, 76 , 520 S.E.2d 545, 561 (1999) (finding no error in the trial court's submission of separate aggravating circumstances under N.C.G.S. § 15A-2000 (e)(5) based on defendant's commission of a robbery and a kidnapping during the course of the murder), cert. denied, 530 U.S. 1245 , 120 S.Ct. 2694 , 147 L.Ed.2d 965 (2000); State v. Bond, 345 N.C. 1, 34-35 , 478 S.E.2d 163, 181 (1996), cert. denied, 521 U.S. 1124 , 117 S.Ct. 2521 , 138 L.Ed.2d 1022 (1997) (same); see also State v. Trull, 349 N.C. 428, 454 , 509 S.E.2d 178, 195 (1998) (no error to submit both rape and kid

2005Ed. 2d 965 (2000); State v. Bond, 345 N.C. 1 , 34-35, 478 S.E.2d 163 , 181 (1996), cert. denied, 521 U.S. 1124 , 138 L.

22005–2005
Baptist Memorial Hospital v. Bakery & Confectionery Union & Industry International Health Benefits Fund neutral
scotus · 2000
2 sentences

2005State v. Cheek, 351 N.C. 48, 76 , 520 S.E.2d 545, 561 (1999) (finding no error in the trial court’s submission of separate aggravating circumstances under N.C.G.S. § 15A-2000 (e)(5) based on defendant’s commission of a robbery and a kidnapping during the course of the murder), cert. denied, 530 U.S. 1245 , 147 L.

2005State v. Cheek, 351 N.C. 48 , 76, 520 S.E.2d 545 , 561 (1999) (finding no error in the trial court's submission of separate aggravating circumstances under N.C.G.S. § 15A-2000 (e)(5) based on defendant's commission of a robbery and a kidnapping during the course of the murder), cert. denied, 530 U.S. 1245 , 147 L.

22005–2005
Horning v. United States green
scotus · 2000
2 sentences

2005State v. Cheek, 351 N.C. 48, 76 , 520 S.E.2d 545, 561 (1999) (finding no error in the trial court’s submission of separate aggravating circumstances under N.C.G.S. § 15A-2000 (e)(5) based on defendant’s commission of a robbery and a kidnapping during the course of the murder), cert. denied, 530 U.S. 1245 , 147 L.

2005State v. Cheek, 351 N.C. 48 , 76, 520 S.E.2d 545 , 561 (1999) (finding no error in the trial court's submission of separate aggravating circumstances under N.C.G.S. § 15A-2000 (e)(5) based on defendant's commission of a robbery and a kidnapping during the course of the murder), cert. denied, 530 U.S. 1245 , 147 L.

22005–2005
State v. Holden green
nc · 1994
1 sentence

2019In Holden , our Supreme Court determined that the submission of a judgment at a sentencing hearing, entered upon a defendant's prior conviction of attempted second-degree rape, was sufficient for the State to prove, as an aggravating circumstance under N.C.G.S. § 15A-2000(e)(3) (1988), that the defendant had committed a prior felony involving the use or threat of violence to the person. 338 N.C. at 403 -07 , 450 S.E.2d at 883-85.

12019–2019
Peggs v. Nassau County Police Department neutral
scotus · 2000
1 sentence

2005State v. Cheek, 351 N.C. 48, 76 , 520 S.E.2d 545, 561 (1999) (finding no error in the trial court's submission of separate aggravating circumstances under N.C.G.S. § 15A-2000 (e)(5) based on defendant's commission of a robbery and a kidnapping during the course of the murder), cert. denied, 530 U.S. 1245 , 120 S.Ct. 2694 , 147 L.Ed.2d 965 (2000); State v. Bond, 345 N.C. 1, 34-35 , 478 S.E.2d 163, 181 (1996), cert. denied, 521 U.S. 1124 , 117 S.Ct. 2521 , 138 L.Ed.2d 1022 (1997) (same); see also State v. Trull, 349 N.C. 428, 454 , 509 S.E.2d 178, 195 (1998) (no error to submit both rape and kid

12005–2005
State v. Case green
nc · 1991
2 sentences

2002The prosecutor said, “We’ve been thinking of doing this since last spring just as a way of simplifying [issues regarding the constitutionality of the Georgia statute under which defendant was sentenced].” Defendant relies on this Court’s decision in State v. Case where we held that if an aggravating circumstance could be supported by the evidence, the State must submit it. 330 N.C. 161, 163 , 410 S.E.2d 57 , 58 (1991).

2002The prosecutor said, “We’ve been thinking of doing this since last spring just as a way of simplifying [issues regarding the constitutionality of the Georgia statute under which defendant was sentenced].” Defendant relies on this Court’s decision in State v. Case where we held that if an aggravating circumstance could be supported by the evidence, the State must submit it. 330 N.C. 161, 163 , 410 S.E.2d 57 , 58 (1991).

12002–2002
McNeill v. North Carolina green
scotus · 1998
1 sentence

2000See Thomas, 350 N.C. at 344 , 514 S.E.2d at 504 ; State v. McNeill, 346 N.C. 233, 241 , 485 S.E.2d 284, 289 (1997), cert. denied, 522 U.S. 1053 , 139 L.

12000–2000
State v. Davis green
nc · 1995
2 sentences

1997Ed. 2d 478 (1996); (i) submitting the aggravating circumstance specified in N.C.G.S. § 15A-2000(e)(5), see State v. Davis, 340 N.C. 1, 27 , 455 S.E.2d 627, 640-41 , cert. denied, - U.S. -, 133 L.

1997Ed. 2d 478 (1996); (i) submitting the aggravating circumstance specified in N.C.G.S. § 15A-2000(e)(5), see State v. Davis, 340 N.C. 1, 27 , 455 S.E.2d 627, 640-41 , cert. denied, - U.S. -, 133 L.

11997–1997
State v. Harbison green
nc · 1985
11995–1995
Creech v. United States green
scotus · 1986
11995–1995
North Carolina v. Harbison green
scotus · 1986
11995–1995
Ruffin v. State red
fla · 1981
11994–1994
Johnson v. Florida green
scotus · 1981
11994–1994
State v. Van McDougall green
nc · 1983
11994–1994
State v. Wilkerson green
nc · 1978
11994–1994
State v. Gaines green
nc · 1992
11992–1992
Huff v. North Carolina green
scotus · 1990
11991–1991
Spotted War Bonnet v. United States green
scotus · 1990
11991–1991
State v. Johnson green
nc · 1979
11989–1989
State v. Martin green
nc · 1981
11988–1988
State v. Irwin green
nc · 1981
11986–1986
State v. Moose green
nc · 1984
11986–1986
In re Davis green
scotus · 1982
11984–1984
Otey v. Nebraska green
scotus · 1982
11984–1984

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 15A-2000 (29) NC § N.C. Gen. Stat. § 8C-1 (22) NC § N.C. Gen. Stat. § 15A-1443 (16) NC § N.C. Gen. Stat. § 15A-1214 (8) NC § N.C. Gen. Stat. § 14-17 (6) NC § N.C. Gen. Stat. § 15A-1212 (6) NC § N.C. Gen. Stat. § 7A-27 (6) NC § N.C. Gen. Stat. § 14-39 (5) NC § N.C. Gen. Stat. § 15A-2002 (4) NC § N.C. Gen. Stat. § 15A-1232 (3) NC § N.C. Gen. Stat. § 15A-1446 (3) NC § N.C. Gen. Stat. § 15A-2004 (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.

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