prejudicial error (North Carolina) · Go Syfert
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prejudicial error in North Carolina

216 North Carolina opinions name it 2 courts 1940–2026 21 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 (38)

CaseFollowedCited
State v. Odomgreen
nc · 1983 · cited in 3 North Carolina opinions naming this issue, 2015–2016
2 sentences

2016To show that an error was fundamental, a defendant must establish prejudice—that, after examination of the entire record, the error ‘had a probable impact on the jury’s finding that the defendant was guilty.’ ” Lawrence, 365 N.C. at 518 , 723 S.E.2d at 334 (internal citation omitted) (quoting State v. Odom, 307 N.C. 655, 660 , 300 S.E.2d 375, 378 (1983)). “[P]lain error is to be ‘applied cautiously and only in the exceptional case’ ” in which a defendant can show that the prejudicial error is “one that ‘seriously a£fect[s] the fairness, integrity or public reputation of judicial proceedings.’

2016To show that an error was fundamental, a defendant must establish prejudice—that, after examination of the entire record, the error ‘had a probable impact on the jury’s finding that the defendant was guilty.’ ” Lawrence, 365 N.C. at 518 , 723 S.E.2d at 334 (internal citation omitted) (quoting State v. Odom, 307 N.C. 655, 660 , 300 S.E.2d 375, 378 (1983)). “[P]lain error is to be ‘applied cautiously and only in the exceptional case’ ” in which a defendant can show that the prejudicial error is “one that ‘seriously a£fect[s] the fairness, integrity or public reputation of judicial proceedings.’

33
State v. Blackstockgreen
nc · 1985 · cited in 3 North Carolina opinions naming this issue, 1994–2014
2 sentences

2014Stat. § 15A-1232 further states in relevant part that “[i]n instructing the jury, the judge shall not express an opinion as to whether or not a fact has been proved[.]” Prejudicial error results where “the jury may reasonably infer from the evidence before it that the trial judge’s action intimated an opinion as to a factual issue, the defendant’s guilt, the weight of the evidence or a witness’s credibility[.]” State v. Blackstock, 314 N.C. 232, 236 , 333 S.E.2d 245, 248 (1985).

2014Stat. § 15A-1232 further states in relevant part that “[i]n instructing the jury, the judge shall not express an opinion as to whether or not a fact has been proved[.]” Prejudicial error results where “the jury may reasonably infer from the evidence before it that the trial judge’s action intimated an opinion as to a factual issue, the defendant’s guilt, the weight of the evidence or a witness’s credibility[.]” State v. Blackstock, 314 N.C. 232, 236 , 333 S.E.2d 245, 248 (1985).

33
State v. Lawrencegreen
nc · 2012 · cited in 4 North Carolina opinions naming this issue, 2015–2016
2 sentences

2016To show that an error was fundamental, a defendant must establish prejudice—that, after examination of the entire record, the error ‘had a probable impact on the jury’s finding that the defendant was guilty.’ ” Lawrence, 365 N.C. at 518 , 723 S.E.2d at 334 (internal citation omitted) (quoting State v. Odom, 307 N.C. 655, 660 , 300 S.E.2d 375, 378 (1983)). “[P]lain error is to be ‘applied cautiously and only in the exceptional case’ ” in which a defendant can show that the prejudicial error is “one that ‘seriously a£fect[s] the fairness, integrity or public reputation of judicial proceedings.’

2016To show that an error was fundamental, a defendant must establish prejudice—that, after examination of the entire record, the error ‘had a probable impact on the jury’s finding that the defendant was guilty.’ ” Lawrence, 365 N.C. at 518 , 723 S.E.2d at 334 (internal citation omitted) (quoting State v. Odom, 307 N.C. 655, 660 , 300 S.E.2d 375, 378 (1983)). “[P]lain error is to be ‘applied cautiously and only in the exceptional case’ ” in which a defendant can show that the prejudicial error is “one that ‘seriously a£fect[s] the fairness, integrity or public reputation of judicial proceedings.’

24
State v. Slaughtergreen
nc · 2011 · cited in 2 North Carolina opinions naming this issue, 2021–2021
2 sentences

2021See State v. Corey, 373 N.C. 225 , 237, 835 S.E.2d 830 , 838 (2019) (holding that trial court’s failure to comply with N.C.G.S. § 15A-1231(b) before submitting the issue of whether an aggravating factor existed in the case was not materially prejudicial under N.C.G.S. § 15A- 1443(a)); State v. Mumma, 372 N.C. 226, 242 , 827 S.E.2d 288 , 298–99 (2019) (holding that trial court’s error in allowing the jury to review graphic photographs of the murder victim over the defendant’s objection was not prejudicial error under N.C.G.S. § 15A-1443(a)); State v. Malachi, 371 N.C. 719 , 821 S.E.2d 407 (2018

2021See State v. Corey, 373 N.C. 225 , 237, 835 S.E.2d 830 , 838 (2019) (holding that trial court’s failure to comply with N.C.G.S. § 15A-1231(b) before submitting the issue of whether an aggravating factor existed in the case was not materially prejudicial under N.C.G.S. § 15A- 1443(a)); State v. Mumma, 372 N.C. 226, 242 , 827 S.E.2d 288 , 298–99 (2019) (holding that trial court’s error in allowing the jury to review graphic photographs of the murder victim over the defendant’s objection was not prejudicial error under N.C.G.S. § 15A-1443(a)); State v. Malachi, 371 N.C. 719 , 821 S.E.2d 407 (2018

22
Branch v. Travelers Indemnity Companygreen
nc · 1989 · cited in 2 North Carolina opinions naming this issue, 2020–2020
2 sentences

2020“In light of the circumstances of this case and the trial court’s instructions on self-defense,” Webster, 324 N.C. at 393 , 378 S.E.2d at 753 , as explained in Section VI, we conclude that the trial court committed prejudicial error in striking Tom’s testimony that he “hear[d] Molly scream[,] ‘Don’t hurt my dad.’ ” Cf. id. at 392-94 , 378 S.E.2d at 753-54 (awarding the defendant a new trial where the trial court “erroneously sustained the State’s objection to the question about whether [the] defendant felt that his life was threatened because that evidence was highly relevant to the crucial qu

2020“In light of the circumstances of this case and the trial court’s instructions on self-defense,” Webster, 324 N.C. at 393 , 378 S.E.2d at 753 , as explained in Section VI, we conclude that the trial court committed prejudicial error in striking Tom’s testimony that he “hear[d] Molly scream[,] ‘Don’t hurt my dad.’ ” Cf. id. at 392-94 , 378 S.E.2d at 753-54 (awarding the defendant a new trial where the trial court “erroneously sustained the State’s objection to the question about whether [the] defendant felt that his life was threatened because that evidence was highly relevant to the crucial qu

22
State v. Brittgreen
nc · 1977 · cited in 2 North Carolina opinions naming this issue, 1986–2007
2 sentences

2007State v. Britt, 291 N.C. 528, 537 , 231 S.E.2d 644, 651 (1977). “[T]o reach the level of prejudicial error in this regard . . . the prosecutor’s comments must have so infected the trial with unfairness as to make the resulting conviction a denial of due process.” State v. Worthy, 341 N.C. 707, 709-10 , 462 S.E.2d 482, 483 (1995) (citation omitted).

2007State v. Britt, 291 N.C. 528, 537 , 231 S.E.2d 644, 651 (1977). “[T]o reach the level of prejudicial error in this regard . . . the prosecutor’s comments must have so infected the trial with unfairness as to make the resulting conviction a denial of due process.” State v. Worthy, 341 N.C. 707, 709-10 , 462 S.E.2d 482, 483 (1995) (citation omitted).

22
State v. Greengreen
nc · 1994 · cited in 2 North Carolina opinions naming this issue, 1995–2007
2 sentences

2007We agree with defendant that the curative instruction did not relate to the statements made concerning the State’s experts “working for” the jury, but we agree with the State *608 that any prejudice arising from these statements did not “ ‘so infect[] the trial with unfairness as to make the resulting conviction a denial of due process.’ ” Green, 336 N.C. at 186 , 443 S.E.2d at 39 (citations omitted).

2007We agree with defendant that the curative instruction did not relate to the statements made concerning the State’s experts “working for” the jury, but we agree with the State *608 that any prejudice arising from these statements did not “ ‘so infect[] the trial with unfairness as to make the resulting conviction a denial of due process.’ ” Green, 336 N.C. at 186 , 443 S.E.2d at 39 (citations omitted).

22
State v. Wigginsgreen
nc · 1993 · cited in 2 North Carolina opinions naming this issue, 1996–2000
22
State v. Alstongreen
nc · 1983 · cited in 2 North Carolina opinions naming this issue, 1993–2000
22
State v. Bronsongreen
nc · 1992 · cited in 2 North Carolina opinions naming this issue, 1999–1999
22
State v. Gricegreen
nc · 2015 · cited in 2 North Carolina opinions naming this issue, 2015–2019
2 sentences

2019"In order to ensure plain error is reserved for the exceptional case, ... plain error requires a defendant to show that the prejudicial error was one that seriously affect[s] the fairness, integrity, or public reputation of judicial proceedings." State v. Grice, 367 N.C. 753 , 764, 767 S.E.2d 312 , 321 (2015) (citation and internal quotation marks omitted).

2019"In order to ensure plain error is reserved for the exceptional case, ... plain error requires a defendant to show that the prejudicial error was one that seriously affect[s] the fairness, integrity, or public reputation of judicial proceedings." State v. Grice, 367 N.C. 753 , 764, 767 S.E.2d 312 , 321 (2015) (citation and internal quotation marks omitted).

12
State v. Longgreen
ncctapp · 2009 · cited in 2 North Carolina opinions naming this issue, 2013–2016
2 sentences

2016Long, 196 N.C.App. at 40 -41 , 674 S.E.2d at 707 .

2013App. at 40-41 , 674 S.E.2d at 707 (holding that when testimony of a victim and a defendant was “contradicting,” the trial court committed prejudicial error by refusing the jury’s request to review the testimony).

12
State v. Hennisgreen
nc · 1988 · cited in 2 North Carolina opinions naming this issue, 1992–2015
2 sentences

2015See, e.g., Hennis, 323 N.C. at 283, 286-87 , 372 S.E.2d at 526, 531 (finding prejudicial error in a trial court decision to allow the admission of thirty-five gruesome photographs depicting the decayed bodies of murder victims displayed on a screen positioned immediately over the defendant’s head and distributed one at a time to the jury over the course of an hour); State v. Kimbrell, 320 N.C. 762, 768-69 , 360 S.E.2d 691, 694-95 (1987) (holding that the trial court committed prejudicial error by admitting evidence that the defendant engaged in “devil worship” because the evidence “had little

2015See, e.g., Hennis, 323 N.C. at 283, 286-87 , 372 S.E.2d at 526, 531 (finding prejudicial error in a trial court decision to allow the admission of thirty-five gruesome photographs depicting the decayed bodies of murder victims displayed on a screen positioned immediately over the defendant’s head and distributed one at a time to the jury over the course of an hour); State v. Kimbrell, 320 N.C. 762, 768-69 , 360 S.E.2d 691, 694-95 (1987) (holding that the trial court committed prejudicial error by admitting evidence that the defendant engaged in “devil worship” because the evidence “had little

12
State v. Bradleygreen
ncctapp · 1983 · cited in 2 North Carolina opinions naming this issue, 1986–2009
2 sentences

2009App. at 363 , 309 S.E.2d at 513 (holding that the trial court committed prejudicial error by failing to give a requested instruction on the probative value of fingerprint evidence where the State, relied primarily on that evidence).

1986Defendant cites State v. Bradley, 65 N.C.

12
State v. McCoygreen
ncctapp · 2005 · cited in 2 North Carolina opinions naming this issue, 2005–2008
2 sentences

2008Id. at 111 , 620 S.E.2d at 868 .

2005See, e.g., State v. McCoy, ___ N.C.App. ___, ___, 620 S.E.2d 863, 868 (2005) ("Because we are unable to distinguish this case [in which a conviction was admitted under 404(b)] from Wilkerson, we conclude that the trial court committed prejudicial error entitling defendant to a new trial.").

12
State v. Wilkersongreen
ncctapp · 2002 · cited in 2 North Carolina opinions naming this issue, 2005–2006
2 sentences

2006Because the defendant did not testify, the State could not *290 use Rule 609 to elicit evidence of his prior convictions, and, Judge Wynn maintained, “the trial court committed prejudicial error in allowing [the clerk’s] testimony of [the] defendant’s prior convictions under Rule 404(b).” Id. at 319 , 559 S.E.2d at 11 .

2006Because the defendant did not testify, the State could not *290 use Rule 609 to elicit evidence of his prior convictions, and, Judge Wynn maintained, “the trial court committed prejudicial error in allowing [the clerk’s] testimony of [the] defendant’s prior convictions under Rule 404(b).” Id. at 319 , 559 S.E.2d at 11 .

12
Matter of Shuegreen
nc · 1984 · cited in 2 North Carolina opinions naming this issue, 2000–2005
12
State v. Rathbonegreen
ncctapp · 1985 · cited in 2 North Carolina opinions naming this issue, 2001–2001
12
State v. Williamsgreen
nc · 2002 · cited in 1 North Carolina opinions naming this issue, 2026–2026
11
Davis v. Secretary for the Department of Correctionsgreen
ca11 · 2003 · cited in 1 North Carolina opinions naming this issue, 2025–2025
11
Winston v. Boatwrightgreen
ca7 · 2011 · cited in 1 North Carolina opinions naming this issue, 2025–2025
11
State v. Bellgreen
ncctapp · 2013 · cited in 1 North Carolina opinions naming this issue, 2025–2025
11
State v. Graygreen
ncctapp · 1976 · cited in 1 North Carolina opinions naming this issue, 2024–2024
11
State v. Taylorgreen
nc · 1981 · cited in 1 North Carolina opinions naming this issue, 2024–2024
11
State v. Mooregreen
nc · 2012 · cited in 1 North Carolina opinions naming this issue, 2019–2019
11
State v. Robinsongreen
ncctapp · 2003 · cited in 1 North Carolina opinions naming this issue, 2019–2019
11
State v. Wilkersongreen
ncctapp · 2015 · cited in 1 North Carolina opinions naming this issue, 2018–2018
11
State v. Willisgreen
· 1992 · cited in 1 North Carolina opinions naming this issue, 2018–2018
11
State v. Kimbrellgreen
nc · 1987 · cited in 1 North Carolina opinions naming this issue, 2015–2015
11
State v. Andersongreen
ncctapp · 2006 · cited in 1 North Carolina opinions naming this issue, 2015–2015
11
State v. Ryangreen
ncctapp · 2012 · cited in 1 North Carolina opinions naming this issue, 2014–2014
11
State v. Bushgreen
ncctapp · 2004 · cited in 1 North Carolina opinions naming this issue, 2014–2014
11
State v. Giddensgreen
ncctapp · 2009 · cited in 1 North Carolina opinions naming this issue, 2014–2014
11
State v. Cousergreen
ncctapp · 2004 · cited in 1 North Carolina opinions naming this issue, 2014–2014
11
State v. Lopezgreen
ncctapp · 2006 · cited in 1 North Carolina opinions naming this issue, 2013–2013
11
State v. Stanleygreen
ncctapp · 2011 · cited in 1 North Carolina opinions naming this issue, 2012–2012
11
State v. Younggreen
nc · 1989 · cited in 1 North Carolina opinions naming this issue, 2011–2011
11
State v. Blackgreen
ncctapp · 1993 · cited in 1 North Carolina opinions naming this issue, 2011–2011
11

Distinguished, questioned or overruled (1)

CaseNegativeCited
State v. Betheagreen
ncctapp · 2005 · cited in 1 North Carolina opinions naming this issue, 2026–2026
11

Also cited on this issue (41)

CaseCitedYears
United States v. Deleveaux green
ca11 · 2000
2 sentences

2022From my perspective, the lower appellate court correctly concluded that defendant satisfied the four factors which we established in State v. Mercer, 373 N.C. 459 (2020), and as adopted from the federal appeals court case of United States v. Deleveaux, 205 F.3d 1292 (11th Cir. 2000), based upon the evidence presented in support of the justification defense which must be viewed in the light most favorable to defendant.

2022From my perspective, the lower appellate court correctly concluded that defendant satisfied the four factors which we established in State v. Mercer, 373 N.C. 459 (2020), and as adopted from the federal appeals court case of United States v. Deleveaux, 205 F.3d 1292 (11th Cir. 2000), based upon the evidence presented in support of the justification defense which must be viewed in the light most favorable to defendant.

32022–2022
State v. Ramey green
nc · 1986
2 sentences

2014App. 623 , 626–27, 334 S.E.2d 247 , 249–50 (ordering a new trial when the issue was properly preserved for appellate review on grounds that the second witness should have been asked, “at the least,” to recall the substance of the first witness’s pre-trial statements before giving his opinion as to whether the first witness’s trial testimony was consistent), disc. rev. denied, 315 N.C. 188 , 337 S.E.2d 863 (1985) and State v. Ramey, 318 N.C. 457 , 467–73, 349 S.E.2d 566 , 572–76 (1986) (holding that the witness’s testimony that the victim had never told him anything inconsistent was inadmissibl

2014App. 623 , 626–27, 334 S.E.2d 247 , 249–50 (ordering a new trial when the issue was properly preserved for appellate review on grounds that the second witness should have been asked, “at the least,” to recall the substance of the first witness’s pre-trial statements before giving his opinion as to whether the first witness’s trial testimony was consistent), disc. rev. denied, 315 N.C. 188 , 337 S.E.2d 863 (1985) and State v. Ramey, 318 N.C. 457 , 467–73, 349 S.E.2d 566 , 572–76 (1986) (holding that the witness’s testimony that the victim had never told him anything inconsistent was inadmissibl

31992–2014
State v. . Love neutral
nc · 1924
2 sentences

1944S. v. Love, 187 N. C., 32 , 121 S. E., 20 ; Smith v. Hosiery Mill, 212 N. C., 661 , 194 S. E., 83 ; S. v. Wyont, 218 N. C., 505 , 11 S. E. (2d), 473 .

1944S. v. Love, 187 N. C., 32 , 121 S. E., 20 ; Smith v. Hosiery Mill, 212 N. C., 661 , 194 S. E., 83 ; S. v. Wyont, 218 N. C., 505 , 11 S. E. (2d), 473 .

31940–1944
Smith v. Stanfield Hosiery Mill, Inc. neutral
nc · 1937
2 sentences

1944S. v. Love, 187 N. C., 32 , 121 S. E., 20 ; Smith v. Hosiery Mill, 212 N. C., 661 , 194 S. E., 83 ; S. v. Wyont, 218 N. C., 505 , 11 S. E. (2d), 473 .

1944S. v. Love, 187 N. C., 32 , 121 S. E., 20 ; Smith v. Hosiery Mill, 212 N. C., 661 , 194 S. E., 83 ; S. v. Wyont, 218 N. C., 505 , 11 S. E. (2d), 473 .

31940–1944
State v. Hoyle green
nc · 1989
2 sentences

2022App. 292 , 741 S.E.2d 434 (2013) and State v. Hoyle, 325 N.C. 232 , 382 S.E.2d 752 (1989) to support the erroneous admission of the detective’s testimony in the present case does not rise to the level of the prejudicial error found in both cases.

2022App. 292 , 741 S.E.2d 434 (2013) and State v. Hoyle, 325 N.C. 232 , 382 S.E.2d 752 (1989) to support the erroneous admission of the detective’s testimony in the present case does not rise to the level of the prejudicial error found in both cases.

22022–2022
State v. Richardson green
ncctapp · 2013
2 sentences

2022App. 292 , 741 S.E.2d 434 (2013) and State v. Hoyle, 325 N.C. 232 , 382 S.E.2d 752 (1989) to support the erroneous admission of the detective’s testimony in the present case does not rise to the level of the prejudicial error found in both cases.

2022App. 292 , 741 S.E.2d 434 (2013) and State v. Hoyle, 325 N.C. 232 , 382 S.E.2d 752 (1989) to support the erroneous admission of the detective’s testimony in the present case does not rise to the level of the prejudicial error found in both cases.

22022–2022
State v. Malachi green
nc · 2018
2 sentences

2021See State v. Corey, 373 N.C. 225 , 237, 835 S.E.2d 830 , 838 (2019) (holding that trial court’s failure to comply with N.C.G.S. § 15A-1231(b) before submitting the issue of whether an aggravating factor existed in the case was not materially prejudicial under N.C.G.S. § 15A- 1443(a)); State v. Mumma, 372 N.C. 226, 242 , 827 S.E.2d 288 , 298–99 (2019) (holding that trial court’s error in allowing the jury to review graphic photographs of the murder victim over the defendant’s objection was not prejudicial error under N.C.G.S. § 15A-1443(a)); State v. Malachi, 371 N.C. 719 , 821 S.E.2d 407 (2018

2021See State v. Corey, 373 N.C. 225 , 237, 835 S.E.2d 830 , 838 (2019) (holding that trial court’s failure to comply with N.C.G.S. § 15A-1231(b) before submitting the issue of whether an aggravating factor existed in the case was not materially prejudicial under N.C.G.S. § 15A- 1443(a)); State v. Mumma, 372 N.C. 226, 242 , 827 S.E.2d 288 , 298–99 (2019) (holding that trial court’s error in allowing the jury to review graphic photographs of the murder victim over the defendant’s objection was not prejudicial error under N.C.G.S. § 15A-1443(a)); State v. Malachi, 371 N.C. 719 , 821 S.E.2d 407 (2018

22021–2021
State v. Bohler green
ncctapp · 2009
2 sentences

2021App. at 637–38, 681 S.E.2d at 806 . ¶ 18 Because we remand the case for a new sentencing hearing, we need not consider whether Defendant received ineffective assistance of counsel with respect to his stipulations to out-of-court convictions or whether the trial court committed prejudicial error by miscalculating Defendant’s prior record level.

2021App. at 637–38, 681 S.E.2d at 806 . ¶ 18 Because we remand the case for a new sentencing hearing, we need not consider whether Defendant received ineffective assistance of counsel with respect to his stipulations to out-of-court convictions or whether the trial court committed prejudicial error by miscalculating Defendant’s prior record level.

22021–2021
State v. Mumma green
nc · 2019
2 sentences

2021See State v. Corey, 373 N.C. 225 , 237, 835 S.E.2d 830 , 838 (2019) (holding that trial court’s failure to comply with N.C.G.S. § 15A-1231(b) before submitting the issue of whether an aggravating factor existed in the case was not materially prejudicial under N.C.G.S. § 15A- 1443(a)); State v. Mumma, 372 N.C. 226, 242 , 827 S.E.2d 288 , 298–99 (2019) (holding that trial court’s error in allowing the jury to review graphic photographs of the murder victim over the defendant’s objection was not prejudicial error under N.C.G.S. § 15A-1443(a)); State v. Malachi, 371 N.C. 719 , 821 S.E.2d 407 (2018

2021See State v. Corey, 373 N.C. 225 , 237, 835 S.E.2d 830 , 838 (2019) (holding that trial court’s failure to comply with N.C.G.S. § 15A-1231(b) before submitting the issue of whether an aggravating factor existed in the case was not materially prejudicial under N.C.G.S. § 15A- 1443(a)); State v. Mumma, 372 N.C. 226, 242 , 827 S.E.2d 288 , 298–99 (2019) (holding that trial court’s error in allowing the jury to review graphic photographs of the murder victim over the defendant’s objection was not prejudicial error under N.C.G.S. § 15A-1443(a)); State v. Malachi, 371 N.C. 719 , 821 S.E.2d 407 (2018

22021–2021
State v. Starr green
nc · 2011
2 sentences

2021See State v. Corey, 373 N.C. 225 , 237, 835 S.E.2d 830 , 838 (2019) (holding that trial court’s failure to comply with N.C.G.S. § 15A-1231(b) before submitting the issue of whether an aggravating factor existed in the case was not materially prejudicial under N.C.G.S. § 15A- 1443(a)); State v. Mumma, 372 N.C. 226, 242 , 827 S.E.2d 288 , 298–99 (2019) (holding that trial court’s error in allowing the jury to review graphic photographs of the murder victim over the defendant’s objection was not prejudicial error under N.C.G.S. § 15A-1443(a)); State v. Malachi, 371 N.C. 719 , 821 S.E.2d 407 (2018

2021See State v. Corey, 373 N.C. 225 , 237, 835 S.E.2d 830 , 838 (2019) (holding that trial court’s failure to comply with N.C.G.S. § 15A-1231(b) before submitting the issue of whether an aggravating factor existed in the case was not materially prejudicial under N.C.G.S. § 15A- 1443(a)); State v. Mumma, 372 N.C. 226, 242 , 827 S.E.2d 288 , 298–99 (2019) (holding that trial court’s error in allowing the jury to review graphic photographs of the murder victim over the defendant’s objection was not prejudicial error under N.C.G.S. § 15A-1443(a)); State v. Malachi, 371 N.C. 719 , 821 S.E.2d 407 (2018

22021–2021
In Re Fuller green
ncctapp · 2001
2 sentences

2021In re Fuller, 144 N.C.

2021In re Fuller, 144 N.C.

22021–2021
State v. Graham green
ncctapp · 2007
2 sentences

2021In light of the entire record and evidence of the defendant’s guilt, this Court applied the prejudicial standard under Section 15A-1443(a) and held there was no “reasonable possibility that the jury’s verdict would have been different.” Id. at 192 , 650 S.E.2d at 647 . ¶ 39 Here, Buddy’s brothers were not present for his murder.

2021In light of the entire record and evidence of the defendant’s guilt, this Court applied the prejudicial standard under Section 15A-1443(a) and held there was no “reasonable possibility that the jury’s verdict would have been different.” Id. at 192 , 650 S.E.2d at 647 . ¶ 39 Here, Buddy’s brothers were not present for his murder.

22021–2021
State v. Webster green
nc · 1989
2 sentences

2020“In light of the circumstances of this case and the trial court’s instructions on self-defense,” Webster, 324 N.C. at 393 , 378 S.E.2d at 753 , as explained in Section VI, we conclude that the trial court committed prejudicial error in striking Tom’s testimony that he “hear[d] Molly scream[,] ‘Don’t hurt my dad.’ ” Cf. id. at 392-94 , 378 S.E.2d at 753-54 (awarding the defendant a new trial where the trial court “erroneously sustained the State’s objection to the question about whether [the] defendant felt that his life was threatened because that evidence was highly relevant to the crucial qu

2020“In light of the circumstances of this case and the trial court’s instructions on self-defense,” Webster, 324 N.C. at 393 , 378 S.E.2d at 753 , as explained in Section VI, we conclude that the trial court committed prejudicial error in striking Tom’s testimony that he “hear[d] Molly scream[,] ‘Don’t hurt my dad.’ ” Cf. id. at 392-94 , 378 S.E.2d at 753-54 (awarding the defendant a new trial where the trial court “erroneously sustained the State’s objection to the question about whether [the] defendant felt that his life was threatened because that evidence was highly relevant to the crucial qu

22020–2020
State v. Allen green
nc · 1988
2 sentences

2016This Court found that the prosecutor erred by “misstat[ing] the maximum recommitment period,” but concluded that such “misstatement did not rise to the level of prejudicial error.”4 Id. at 195 , 367 S.E.2d at 637 .

2016This Court found that the prosecutor erred by “misstat[ing] the maximum recommitment period,” but concluded that such “misstatement did not rise to the level of prejudicial error.”4 Id. at 195 , 367 S.E.2d at 637 .

22015–2016
State v. Walston green
ncctapp · 2013
2 sentences

2013Moreover, while this Court in Walston concluded that the trial court committed prejudicial error, see id. at_, 747 S.E.2d at 728 , this defendant makes no specific argument that he has suffered any prejudice as a result of the trial court’s uncontested use of the term “victim” in its jury instructions.

2013Moreover, while this Court in Walston concluded that the trial court committed prejudicial error, see id. at_, 747 S.E.2d at 728 , this defendant makes no specific argument that he has suffered any prejudice as a result of the trial court’s uncontested use of the term “victim” in its jury instructions.

22013–2014
Miranda v. Arizona green
scotus · 1966
2 sentences

2009Defendant argues that these statements were obtained in violation of Miranda v. Arizona, 384 U.S. 436 , 16 L.

1982He first charges that the trial court committed prejudicial error when it denied his motion to suppress an out-of-court statement allegedly obtained in violation of Miranda v. Arizona, 384 U.S. 436 (1966).

21982–2009
State v. Dennison neutral
ncctapp · 2004
2 sentences

2005On 6 April 2004, we filed State v. Dennison, 163 N.C.App. 375 , 594 S.E.2d 82 (2004), rev'd per curiam, 359 N.C. 312 , 608 S.E.2d 756 (2005), in which we determined that defendant was entitled to a new trial based upon the prejudicial error of admitting evidence regarding defendant's prior violent acts against a former girlfriend.

2005On 6 April 2004, we filed State v. Dennison, 163 N.C.App. 375 , 594 S.E.2d 82 (2004), rev'd per curiam, 359 N.C. 312 , 608 S.E.2d 756 (2005), in which we determined that defendant was entitled to a new trial based upon the prejudicial error of admitting evidence regarding defendant's prior violent acts against a former girlfriend.

22005–2006
State v. Eury green
nc · 1986
21994–1996
State v. Rainey green
nc · 1953
21954–1958
State v. Thaggard green
ncctapp · 2005
12026–2026
State v. Rainey green
ncctapp · 2002
12026–2026
State v. Aguallo green
nc · 1986
12025–2025
State v. McNicholas green
nc · 1988
12025–2025
State v. Lineberger green
nc · 1996
12020–2020
State v. Osorio green
ncctapp · 2009
12019–2019
State v. Lang green
nc · 1980
12018–2018
State v. McLaughlin green
nc · 1987
12018–2018
State v. Ashe green
nc · 1985
12018–2018
State v. Juarez green
nc · 2016
12018–2018
State v. Frady green
ncctapp · 2013
12017–2017
Edwards v. Edwards green
ncctapp · 1991
12017–2017
Cnty. of Durham v. Orr neutral
ncctapp · 2013
12016–2016
State v. Boshers green
ncctapp · 2013
12016–2016
State v. Prevette green
nc · 1986
12015–2015
State v. Summers green
ncctapp · 1992
12015–2015
G. R. Little Agency, Inc. v. Jennings green
ncctapp · 1987
12014–2014
State v. Small green
nc · 1991
12014–2014
State v. Norwood green
nc · 1985
12014–2014
State v. Sanders neutral
nc · 1985
12014–2014
State v. Norman neutral
ncctapp · 1985
12014–2014

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 15A-1443 (54) NC § N.C. Gen. Stat. § 8C-1 (46) NC § N.C. Gen. Stat. § 15A-2000 (16) NC § N.C. Gen. Stat. § 14-17 (12) NC § N.C. Gen. Stat. § 1A-1 (11) NC § N.C. Gen. Stat. § 15A-1222 (10) NC § N.C. Gen. Stat. § 7A-27 (10) NC § N.C. Gen. Stat. § 15A-1232 (9) NC § N.C. Gen. Stat. § 15A-1230 (8) NC § N.C. Gen. Stat. § 15A-1233 (8) NC § N.C. Gen. Stat. § 15A-903 (8) NC § N.C. Gen. Stat. § 7A-30 (7)

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 871 (1882–2026) OH 607 (1928–2026) NC 216 (1940–2026) IL 173 (1899–2026) LA 157 (1927–2025) MO 134 (1889–2025) WA 129 (1908–2026) SD 123 (1913–2026) MA 94 (1961–2026) FL 83 (1933–2026) WY 61 (1965–2025) NE 60 (1899–2021) NY 56 (1916–2024) AL 55 (1911–2008) OK 54 (1915–2021) ID 46 (1887–2025) KY 45 (1912–2022) CO 43 (1905–2026) AR 39 (1897–2025) PA 39 (1936–2026) MN 35 (1903–2024) UT 34 (1938–2026) MD 32 (1927–2026) IA 31 (1887–2026) TN 29 (1932–2026) WI 28 (1904–2004) ME 27 (1980–2025) MI 27 (1897–2021) OR 25 (1923–2026) TX 25 (1916–2026) NJ 23 (1952–2025) VA 22 (1934–2024) KS 21 (1894–2017) AZ 19 (1945–2026) WV 17 (1921–2017) SC 16 (1936–2025) MT 16 (1899–2017) DC 16 (1977–2012) MS 14 (1926–2014) GA 13 (1954–2003) NV 13 (1954–2017) VT 10 (1917–1988) NM 9 (1972–2024) IN 9 (1891–2018) ND 8 (1904–2013) DE 6 (1979–2020) PR 6 (1910–1968) CT 5 (1964–1999) AK 5 (1975–2021) RI 3 (1973–2015) HI 3 (1987–2022) NH 2 (1986–1999)

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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