29 North Carolina opinions name it 3 courts 1970–2026 2 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.
| Case | Followed | Cited |
|---|---|---|
State v. Grahamgreen2 sentences2025Once error is shown, the State bears the burden of proving the error was harmless beyond a reasonable doubt.” State v. Graham, 200 N.C. 2018Once error is shown, the State bears the burden of proving the error was harmless beyond a reasonable doubt." State v. Graham , 200 N.C. | 3 | 6 |
State v. Wallacegreen2 sentences2020See State v. Wallace, 246 N.C. 445, 447 , 98 S.E.2d 473, 474 (1957) (“The law of entrapment is that it not only may, but it does constitute a defense.”) Defendants have the burden of proving the defense of entrapment “to the satisfaction of the jury” and the burden does not shift to the prosecution to prove predisposition beyond a reasonable doubt. 2020See State v. Wallace, 246 N.C. 445, 447 , 98 S.E.2d 473, 474 (1957) (“The law of entrapment is that it not only may, but it does constitute a defense.”) Defendants have the burden of proving the defense of entrapment “to the satisfaction of the jury” and the burden does not shift to the prosecution to prove predisposition beyond a reasonable doubt. | 2 | 2 |
In Re the Appeal From the Denial of the Application to Dredgegreen2 sentences2011As the Department correctly noted, in light of the fact that ECIM bore the burden of proving error in the CON Section’s decision, there is a presumption that “an administrative agency has properly performed its official duties.” In re Community Association, 300 N.C. 267, 280 , 266 S.E.2d 645, 654 (1980). 2011As the Department correctly noted, in light of the fact that ECIM bore the burden of proving error in the CON Section’s decision, there is a presumption that “an administrative agency has properly performed its official duties.” In re Community Association, 300 N.C. 267, 280 , 266 S.E.2d 645, 654 (1980). | 2 | 2 |
State v. Autrygreen2 sentences2004Id. “[T]he presence of overwhelming evidence of guilt may render error of constitutional dimension harmless beyond a reasonable doubt.” State v. Autry, 321 N.C. 392, 400 , 364 S.E.2d 341, 346 (1988). 2004Id. “[T]he presence of overwhelming evidence of guilt may render error of constitutional dimension harmless beyond a reasonable doubt.” State v. Autry, 321 N.C. 392, 400 , 364 S.E.2d 341, 346 (1988). | 1 | 2 |
Roach v. Estate of Ravensteingreen1 sentence1994Roach v. Estate of Ravenstein, 326 F. Supp. 830, 834 (S.D. | 1 | 1 |
State v. McGuiregreen2 sentences1988A defendant has the burden of proving factors in mitigation “by a preponderance of the evidence, and the trial court has the discretion to assess the credibility of defendant’s evidence and either accept or reject it.” State v. McGuire, 78 N.C. 1988App. 285, 294 , 337 S.E. 2d 620, 626 (1985). *607 The only evidence below of defendant’s good character was statements by his employment supervisor of three months and his employer of two years. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in North Carolina. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Hageman
green
2 sentences2020Hageman, 307 N.C. at 28 ; 296 S.E.2d at 448 . 2020Hageman, 307 N.C. at 28 ; 296 S.E.2d at 448 . | 2 | 2020–2020 |
Price v. Conley
green
1 sentence2026AMV HOLDINGS, LLC Opinion of the Court It is well established that with regard to “an affirmative defense, the burden of proof lies with the defendant.” Price v. Conley, 21 N.C. | 1 | 2026–2026 |
State v. Knight
green
1 sentence2017"In determining whether error is harmless beyond a reasonable doubt, ... the rule is that if there is a reasonable possibility that the evidence complained of might have contributed to the conviction, it is not harmless beyond a reasonable doubt." State v. Knight , 53 N.C. | 1 | 2017–2017 |
Evans v. United Services Automobile Ass'n
green
1 sentence2014Evans, 142 N.C. | 1 | 2014–2014 |
State v. Tate
green
1 sentence2014App. 204, 214 , 683 S.E.2d 437, 444 (2009) (citing State v. Tate, 187 N.C. | 1 | 2014–2014 |
Ehrenhaus v. Baker
green
1 sentence2014Id. | 1 | 2014–2014 |
State v. Clark
green
2 sentences2005As defendant’s constitutional right was violated through the admission of Dr. Lidonicci’s deposition, “the State has the burden of proving the error was harmless beyond a reasonable doubt to sustain defendant’s conviction.” Clark, 165 N.C. 2005App. at 289 , 598 S.E.2d at 220 . | 1 | 2005–2005 |
Phillips v. U.S. Air, Inc.
green
2 sentences2004Plaintiff has the burden of proving his claim by the "greater weight of the evidence" or by a "preponderance of the evidence." Phillips v. U.S. Air, 120 N.C.App. 538 , 541, 463 S.E.2d 259 , 261 (1995). 2004Plaintiff has the burden of proving his claim by the "greater weight of the evidence" or by a "preponderance of the evidence." Phillips v. U.S. Air, 120 N.C.App. 538 , 541, 463 S.E.2d 259 , 261 (1995). | 1 | 2004–2004 |
State v. Williams
green
1 sentence2004State v. Williams, 65 N.C. | 1 | 2004–2004 |
State v. Taylor
green
2 sentences1985State v. Taylor, 309 N.C. 570 , 308 S.E. 2d 302 (1983). 1985State v. Taylor, 309 N.C. 570 , 308 S.E. 2d 302 (1983). | 1 | 1985–1985 |
State v. Braun
green
1 sentence1980State v. Braun, 31 N.C. | 1 | 1980–1980 |
Henry v. A. C. Lawrence Leather Co.
green
2 sentences1980Henry v. Leather Co., 231 N.C. 477 , 57 S.E. 2d 760 (1950). 1980Henry v. Leather Co., 231 N.C. 477 , 57 S.E. 2d 760 (1950). | 1 | 1980–1980 |
State v. Leonard
green
2 sentences1980Defendant recognizes that this assignment runs counter to a long line of decisions by this Court including the recent case of State v. Leonard, 300 N.C. 223 , 266 S.E. 2d 631 (1980). 1980Defendant recognizes that this assignment runs counter to a long line of decisions by this Court including the recent case of State v. Leonard, 300 N.C. 223 , 266 S.E. 2d 631 (1980). | 1 | 1980–1980 |
State v. Cook
green
2 sentences1976State v. Cook, 263 N.C. 730 , 140 S.E. 2d 305 (1965) ; 2 Stansbury, N. C. 1976State v. Cook, 263 N.C. 730 , 140 S.E. 2d 305 (1965) ; 2 Stansbury, N. C. | 1 | 1976–1976 |
State v. Mercer
green
2 sentences1975State v. Caddell, 287 N.C. 266 , 215 S.E.2d 348 (1975), which overruled, on this point, State v. Mercer, 275 N.C. 108 , 165 S.E.2d 328 , cited in the majority opinion upon a different point. 1975State v. Caddell, 287 N.C. 266 , 215 S.E.2d 348 (1975), which overruled, on this point, State v. Mercer, 275 N.C. 108 , 165 S.E.2d 328 , cited in the majority opinion upon a different point. | 1 | 1975–1975 |
State v. Caddell
green
2 sentences1975State v. Caddell, 287 N.C. 266 , 215 S.E.2d 348 (1975), which overruled, on this point, State v. Mercer, 275 N.C. 108 , 165 S.E.2d 328 , cited in the majority opinion upon a different point. 1975State v. Caddell, 287 N.C. 266 , 215 S.E.2d 348 (1975), which overruled, on this point, State v. Mercer, 275 N.C. 108 , 165 S.E.2d 328 , cited in the majority opinion upon a different point. | 1 | 1975–1975 |
State v. Freeman
green
1 sentence1974In Freeman the court held that “ ‘ [T] he accepted formula and the one that should be used if risk of error is to be avoided, is that the defendant has the burden of proving his defense (or mitigation) “to the satisfaction of the jury — not by the greater weight of the evidence nor beyond a reasonable doubt — but simply to the satisfaction of the jury.” ’ ” 275 N.C. at 666 . | 1 | 1974–1974 |
Gibson v. Central Manufacturers' Mutual Insurance
green
2 sentences1970In Gibson v. Insurance Co., 232 N.C. 712 , 62 S.E. 2d 320 , the court stated the general principle which governs us: “* * * [JJudgment of nonsuit will not be granted in favor of one on whom rests the burden of proof.” Nonsuit is proper, nevertheless, where plaintiffs’ own evidence establishes an affirmative defense as a matter of law. 1970In Gibson v. Insurance Co., 232 N.C. 712 , 62 S.E. 2d 320 , the court stated the general principle which governs us: “* * * [JJudgment of nonsuit will not be granted in favor of one on whom rests the burden of proof.” Nonsuit is proper, nevertheless, where plaintiffs’ own evidence establishes an affirmative defense as a matter of law. | 1 | 1970–1970 |
State v. . Sheffield
green
2 sentences1970The doctrine of contextual interpretation of a charge has been applied in proving inexact charges on alibi (State v. Sheffield, 206 N.C. 374 , 174 S.E. 105 , State v. Bridgers, 233 N.C. 577 , 64 S.E. 2d 867 ), but only in cases where the court “expressly or substantially states that the burden of proving an alibi does not rest on the defendant.” State v. Allison, 256 N.C. 240 , 123 S.E. 2d 465 . 1970The doctrine of contextual interpretation of a charge has been applied in proving inexact charges on alibi (State v. Sheffield, 206 N.C. 374 , 174 S.E. 105 , State v. Bridgers, 233 N.C. 577 , 64 S.E. 2d 867 ), but only in cases where the court “expressly or substantially states that the burden of proving an alibi does not rest on the defendant.” State v. Allison, 256 N.C. 240 , 123 S.E. 2d 465 . | 1 | 1970–1970 |
State v. Allison
green
2 sentences1970The doctrine of contextual interpretation of a charge has been applied in proving inexact charges on alibi (State v. Sheffield, 206 N.C. 374 , 174 S.E. 105 , State v. Bridgers, 233 N.C. 577 , 64 S.E. 2d 867 ), but only in cases where the court “expressly or substantially states that the burden of proving an alibi does not rest on the defendant.” State v. Allison, 256 N.C. 240 , 123 S.E. 2d 465 . 1970The doctrine of contextual interpretation of a charge has been applied in proving inexact charges on alibi (State v. Sheffield, 206 N.C. 374 , 174 S.E. 105 , State v. Bridgers, 233 N.C. 577 , 64 S.E. 2d 867 ), but only in cases where the court “expressly or substantially states that the burden of proving an alibi does not rest on the defendant.” State v. Allison, 256 N.C. 240 , 123 S.E. 2d 465 . | 1 | 1970–1970 |
State v. Bridgers
green
2 sentences1970The doctrine of contextual interpretation of a charge has been applied in proving inexact charges on alibi (State v. Sheffield, 206 N.C. 374 , 174 S.E. 105 , State v. Bridgers, 233 N.C. 577 , 64 S.E. 2d 867 ), but only in cases where the court “expressly or substantially states that the burden of proving an alibi does not rest on the defendant.” State v. Allison, 256 N.C. 240 , 123 S.E. 2d 465 . 1970The doctrine of contextual interpretation of a charge has been applied in proving inexact charges on alibi (State v. Sheffield, 206 N.C. 374 , 174 S.E. 105 , State v. Bridgers, 233 N.C. 577 , 64 S.E. 2d 867 ), but only in cases where the court “expressly or substantially states that the burden of proving an alibi does not rest on the defendant.” State v. Allison, 256 N.C. 240 , 123 S.E. 2d 465 . | 1 | 1970–1970 |
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.
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.