substance instruction in North Carolina

2022BENNER 2022-NCSC-28 Hudson, J., dissenting Accordingly, the critical question here is whether “the instructions given by the trial court adequately convey the substance of defendant’s proper request.” State v. Godwin, 369 N.C. 604, 613 (2017) (cleaned up) (quoting State v. Green, 305 N.C. 463, 477 (1982)). ¶ 44 The majority answers this question in the affirmative: “the trial court included the substance of the instruction upon which defendant’s challenge to the Court of Appeals’ decision rests in the remainder of its instructions to the jury.” Specifically, although the trial court plainly di

2022BENNER 2022-NCSC-28 Hudson, J., dissenting Accordingly, the critical question here is whether “the instructions given by the trial court adequately convey the substance of defendant’s proper request.” State v. Godwin, 369 N.C. 604, 613 (2017) (cleaned up) (quoting State v. Green, 305 N.C. 463, 477 (1982)). ¶ 44 The majority answers this question in the affirmative: “the trial court included the substance of the instruction upon which defendant’s challenge to the Court of Appeals’ decision rests in the remainder of its instructions to the jury.” Specifically, although the trial court plainly di

2022BENNER 2022-NCSC-28 Hudson, J., dissenting Accordingly, the critical question here is whether “the instructions given by the trial court adequately convey the substance of defendant’s proper request.” State v. Godwin, 369 N.C. 604, 613 (2017) (cleaned up) (quoting State v. Green, 305 N.C. 463, 477 (1982)). ¶ 44 The majority answers this question in the affirmative: “the trial court included the substance of the instruction upon which defendant’s challenge to the Court of Appeals’ decision rests in the remainder of its instructions to the jury.” Specifically, although the trial court plainly di

2022BENNER 2022-NCSC-28 Hudson, J., dissenting Accordingly, the critical question here is whether “the instructions given by the trial court adequately convey the substance of defendant’s proper request.” State v. Godwin, 369 N.C. 604, 613 (2017) (cleaned up) (quoting State v. Green, 305 N.C. 463, 477 (1982)). ¶ 44 The majority answers this question in the affirmative: “the trial court included the substance of the instruction upon which defendant’s challenge to the Court of Appeals’ decision rests in the remainder of its instructions to the jury.” Specifically, although the trial court plainly di

2015See Carrington v. Emory, 179 N.C.App. 827 , 832, 635 S.E.2d 532 , 535 (2006) ("When a party makes a correct request for a jury instruction, failure by the trial court to provide the substance of the instruction 'will constitute reversible error.' " (quoting McLain v. Taco Bell Corp., 137 N.C.App. 179 , 182, 527 S.E.2d 712 , 715 (2000) )).

2015See Carrington v. Emory, 179 N.C.App. 827 , 832, 635 S.E.2d 532 , 535 (2006) ("When a party makes a correct request for a jury instruction, failure by the trial court to provide the substance of the instruction 'will constitute reversible error.' " (quoting McLain v. Taco Bell Corp., 137 N.C.App. 179 , 182, 527 S.E.2d 712 , 715 (2000) )).

2010The Supreme Court has stressed that "the trial court must relate the substance of that instruction, although it is not required to give the instruction verbatim." State v. Dodd, 330 N.C. 747, 753 , 412 S.E.2d 46, 49 (1992).

2010The Supreme Court has stressed that "the trial court must relate the substance of that instruction, although it is not required to give the instruction verbatim." State v. Dodd, 330 N.C. 747, 753 , 412 S.E.2d 46, 49 (1992).

2019Similarly in State v. Daughtry , 340 N.C. 488 , 459 S.E.2d 747 (1995), when the trial court gave the substance of the instruction defendant requested, the omission of a final mandate including a voluntary intoxication instruction *899 did not constitute plain error.

2019Similarly in State v. Daughtry , 340 N.C. 488 , 459 S.E.2d 747 (1995), when the trial court gave the substance of the instruction defendant requested, the omission of a final mandate including a voluntary intoxication instruction *899 did not constitute plain error.

1992“In determining whether to give the substance of an instruction concerning a defense, . . . the trial court must . . . assess the evidence first for the legal principles it implicates, and second for the sufficiency of the evidence itself.” State v. Clark, 324 N.C. 146, 161 , 377 S.E.2d 54, 63 (1989).

1992“In determining whether to give the substance of an instruction concerning a defense, . . . the trial court must . . . assess the evidence first for the legal principles it implicates, and second for the sufficiency of the evidence itself.” State v. Clark, 324 N.C. 146, 161 , 377 S.E.2d 54, 63 (1989).

2025WARNER Opinion of the Court overruled the defendant’s argument, concluding that it was “clear that the trial court’s instructions contain[ed] the substance of . . . section 15A-1235(b)” and that “the substance of the instruction fairly apprised the jurors of their duty to reach a consensus after open-minded debate and examination without sacrificing their individually held convictions merely for the sake of returning a verdict.” Id. at 614 , 759 S.E.2d at 707 (cleaned up).

2025WARNER Opinion of the Court overruled the defendant’s argument, concluding that it was “clear that the trial court’s instructions contain[ed] the substance of . . . section 15A-1235(b)” and that “the substance of the instruction fairly apprised the jurors of their duty to reach a consensus after open-minded debate and examination without sacrificing their individually held convictions merely for the sake of returning a verdict.” Id. at 614 , 759 S.E.2d at 707 (cleaned up).

2024GILLARD Earls, J., concurring in part and dissenting in part multiple aggravating circumstances supported by the same evidence.” State v. Lawrence, 352 N.C. 1, 29 (2000) (citing State v. Goodman, 298 N.C. 1, 29 (1979)).

2024See State v. Augustine, 359 N.C. 709, 729 (2005) (holding that an instruction to the jury is sufficient if the substance of the instruction is provided). -59- STATE V.

2024GILLARD Opinion of the Court judgment . . . .” Id. at 157–58.

2024GILLARD Earls, J., concurring in part and dissenting in part multiple aggravating circumstances supported by the same evidence.” State v. Lawrence, 352 N.C. 1, 29 (2000) (citing State v. Goodman, 298 N.C. 1, 29 (1979)).

2017See Berghuis v. Thompkins, 560 U.S. 370, 380 (2010).

2015See Carrington v. Emory, 179 N.C.App. 827 , 832, 635 S.E.2d 532 , 535 (2006) ("When a party makes a correct request for a jury instruction, failure by the trial court to provide the substance of the instruction 'will constitute reversible error.' " (quoting McLain v. Taco Bell Corp., 137 N.C.App. 179 , 182, 527 S.E.2d 712 , 715 (2000) )).

2015See Carrington v. Emory, 179 N.C.App. 827 , 832, 635 S.E.2d 532 , 535 (2006) ("When a party makes a correct request for a jury instruction, failure by the trial court to provide the substance of the instruction 'will constitute reversible error.' " (quoting McLain v. Taco Bell Corp., 137 N.C.App. 179 , 182, 527 S.E.2d 712 , 715 (2000) )).

2014App. _, _, 724 S.E.2d 579, 586 (2012) (reviewing for plain error the trial court’s Allen charge).

2011The Supreme Court recognized the State has the right to withhold the identity of persons who furnish information to law enforcement officers, but said this privilege is limited by the fundamental requirements of fairness.” State v. Leazer, 337 N.C. 454, 459 , 446 S.E.2d 54, 57 (1994).

2011The Supreme Court recognized the State has the right to withhold the identity of persons who furnish information to law enforcement officers, but said this privilege is limited by the fundamental requirements of fairness.” State v. Leazer, 337 N.C. 454, 459 , 446 S.E.2d 54, 57 (1994).

2009App. 531, 534 , 564 S.E.2d 272, 274-75 (2002) (citations omitted).

2009When a request is made for a specific jury instruction that is correct as a matter of law and is supported by the evidence, the trial *717 court is required to give an instruction expressing “at least the substance of the requested instruction.” On appeal, this Court “must consider and review the challenged instructions in their entirety; it cannot dissect and examine them in fragments,” in order to determine if the court’s instruction provided “the substance of the instruction requested[.]” Liborio v. King, 150 N.C.

2006App. 179, 182 , 527 S.E.2d 712, 715 (2000) (quoting Calhoun v. Highway Comm’n, 208 N.C. 424, 426 , 181 S.E. 271, 272 (1935)).

2006App. 179, 182 , 527 S.E.2d 712, 715 (2000) (quoting Calhoun v. Highway Comm’n, 208 N.C. 424, 426 , 181 S.E. 271, 272 (1935)).

2006It is well-settled that “the [trial] court is not required to charge in the exact language of the request but need only give the instruction in substance.” State v. Irwin, 304 N.C. 93, 100 , 282 S.E.2d 439, 445 (1981).

2006It is well-settled that “the [trial] court is not required to charge in the exact language of the request but need only give the instruction in substance.” State v. Irwin, 304 N.C. 93, 100 , 282 S.E.2d 439, 445 (1981).

2006See Day, 268 N.C. at 648 , 151 S.E.2d at 560 ; Davis v. Connell, 14 N.C.

2006See Day, 268 N.C. at 648 , 151 S.E.2d at 560 ; Davis v. Connell, 14 N.C.

2001State v. Harvell, 334 N.C. 356, 364 , 432 S.E.2d 125, 129 (1993).

2001State v. Harvell, 334 N.C. 356, 364 , 432 S.E.2d 125, 129 (1993).

2000It is well established that “[w]hen a defendant makes a timely written request for an instruction that is correct in law and supported by the evidence,” State v. Dodd, 330 N.C. 747, 753 , 412 S.E.2d 46, 49 (1992), the trial court is required to relate “the substance of that instruction,” id., and that failure to do so constitutes reversible error, State v. Spicer, 285 N.C. 274, 284 , 204 S.E.2d 641, 647 (1974).

2000It is well established that “[w]hen a defendant makes a timely written request for an instruction that is correct in law and supported by the evidence,” State v. Dodd, 330 N.C. 747, 753 , 412 S.E.2d 46, 49 (1992), the trial court is required to relate “the substance of that instruction,” id., and that failure to do so constitutes reversible error, State v. Spicer, 285 N.C. 274, 284 , 204 S.E.2d 641, 647 (1974).

1998Robinson v. Seaboard System R.R., Inc., 87 N.C.App. 512, 524 , 361 S.E.2d 909, 917 (1987), cert. denied, 321 N.C. 474 , 364 S.E.2d 924 (1988) (citing Gregory v. Lynch, 271 N.C. 198 , 155 S.E.2d 488 (1967)).

1998Robinson v. Seaboard System R.R., Inc., 87 N.C.App. 512, 524 , 361 S.E.2d 909, 917 (1987), cert. denied, 321 N.C. 474 , 364 S.E.2d 924 (1988) (citing Gregory v. Lynch, 271 N.C. 198 , 155 S.E.2d 488 (1967)).