three prongs test (North Carolina) · Go Syfert
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three prongs test in North Carolina

5 North Carolina opinions name it 2 courts 2004–2020 0 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 (4)

CaseFollowedCited
State v. McDonaldgreen
ncctapp · 2015 · cited in 2 North Carolina opinions naming this issue, 2016–2020
2 sentences

2020Id. at 193 , 662 S.E.2d at 691 (internal alterations, citations, and marks omitted). “[I]n order to pass constitutional muster, [ ] orders [on motions to suppress in the checkpoint context] must contain findings and conclusions sufficient to demonstrate that the trial court has meaningfully applied the three prongs of the test articulated in Brown.” McDonald, 239 N.C. App. at 571, 768 S.E.2d at 921.

2020Id. at 193 , 662 S.E.2d at 691 (internal alterations, citations, and marks omitted). “[I]n order to pass constitutional muster, [ ] orders [on motions to suppress in the checkpoint context] must contain findings and conclusions sufficient to demonstrate that the trial court has meaningfully applied the three prongs of the test articulated in Brown.” McDonald, 239 N.C. App. at 571, 768 S.E.2d at 921.

12
State v. Veazeygreen
ncctapp · 2008 · cited in 1 North Carolina opinions naming this issue, 2020–2020
2 sentences

2020Id. at 193 , 662 S.E.2d at 691 (internal alterations, citations, and marks omitted). “[I]n order to pass constitutional muster, [ ] orders [on motions to suppress in the checkpoint context] must contain findings and conclusions sufficient to demonstrate that the trial court has meaningfully applied the three prongs of the test articulated in Brown.” McDonald, 239 N.C. App. at 571, 768 S.E.2d at 921.

2020Id. at 193 , 662 S.E.2d at 691 (internal alterations, citations, and marks omitted). “[I]n order to pass constitutional muster, [ ] orders [on motions to suppress in the checkpoint context] must contain findings and conclusions sufficient to demonstrate that the trial court has meaningfully applied the three prongs of the test articulated in Brown.” McDonald, 239 N.C. App. at 571, 768 S.E.2d at 921.

11
Johnson v. Trustees of Durham Technical Community Collegegreen
ncctapp · 2000 · cited in 1 North Carolina opinions naming this issue, 2017–2017
2 sentences

2017See generally Johnson , 139 N.C.App. 676 , 684-85, 535 S.E.2d 357 , 363. 5 One of petitioner's arguments is that her exposure to light in the workplace actually "aggravated" her light sensitivity, so that respondent's failure to find the right accommodation earlier in the process worsened her condition.

2017See generally Johnson , 139 N.C.App. 676 , 684-85, 535 S.E.2d 357 , 363. 5 One of petitioner's arguments is that her exposure to light in the workplace actually "aggravated" her light sensitivity, so that respondent's failure to find the right accommodation earlier in the process worsened her condition.

11
cluster 750710green
ca4 · 1998 · cited in 1 North Carolina opinions naming this issue, 2004–2004
1 sentence

2004While it is true that Sedlack described the three prongs of its test as “three elements [that] must always be satisfied,” Sedlack, 134 F.3d at 224, the United States Supreme Court in New Hampshire v. Maine emphasized that because the doctrine is a flexible, equitable one, “ ‘the circumstances under which judicial estoppel may appropriately be invoked are probably not reducible to any general formulation of principle.’ ” New Hampshire, 532 U.S. at 750 , 149 L.

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 (3)

CaseCitedYears
Brown v. Texas green
scotus · 1979
2 sentences

2020I respectfully dissent as to the majority’s resolution of Defendant’s constitutional issue because the trial court’s order made findings of fact sufficient to permit appellate review and the trial court correctly addressed “the three prongs of the test articulated in Brown [v. Texas, 443 U.S. 47 , 99 S.Ct. 2637 , 61 L.Ed.2d 357 (1979)].” State v. McDonald, 239 N.C. App. 559 , 571, 768 S.E.2d 913 , 921 (2015).

2020I respectfully dissent as to the majority’s resolution of Defendant’s constitutional issue because the trial court’s order made findings of fact sufficient to permit appellate review and the trial court correctly addressed “the three prongs of the test articulated in Brown [v. Texas, 443 U.S. 47 , 99 S.Ct. 2637 , 61 L.Ed.2d 357 (1979)].” State v. McDonald, 239 N.C. App. 559 , 571, 768 S.E.2d 913 , 921 (2015).

12020–2020
State v. Goode green
nc · 1995
1 sentence

2012Id.

12012–2012
New Hampshire v. Maine green
scotus · 2001
2 sentences

2004While it is true that Sedlack described the three prongs of its test as “three elements [that] must always be satisfied,” Sedlack, 134 F.3d at 224, the United States Supreme Court in New Hampshire v. Maine emphasized that because the doctrine is a flexible, equitable one, “ ‘the circumstances under which judicial estoppel may appropriately be invoked are probably not reducible to any general formulation of principle.’ ” New Hampshire, 532 U.S. at 750 , 149 L.

2004While it is true that Sedlack described the three prongs of its test as “three elements [that] must always be satisfied,” Sedlack, 134 F.3d at 224, the United States Supreme Court in New Hampshire v. Maine emphasized that because the doctrine is a flexible, equitable one, “ ‘the circumstances under which judicial estoppel may appropriately be invoked are probably not reducible to any general formulation of principle.’ ” New Hampshire, 532 U.S. at 750 , 149 L.

12004–2004

Where else courts name it

PA 82 (1994–2026) TX 9 (1989–2024) CT 7 (1991–2026) OH 6 (1996–2017) NC 5 (2004–2020) GA 5 (2012–2024) NY 4 (2000–2025) MN 4 (2005–2008) NJ 3 (2022–2025) CA 3 (1989–1993) IA 3 (2016–2022) WV 3 (2007–2026) FL 3 (1997–2013) NM 2 (2010–2022) HI 2 (2009–2024)

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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