29 North Carolina opinions name it 3 courts 1883–2026 5 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 |
|---|---|---|
Ayscue v. Griffingreen2 sentences2023App. 1, 11 , 823 S.E.2d 134, 141 (2018) (holding plaintiff’s motion for reconsideration should have been allowed because the trial court only indicated it would rule on the issue “at the end of the hearing” and the “hearing on Plaintiffs’ motion was only calendared to consider Plaintiffs’ motion in limine”). 2023App. 1, 11 , 823 S.E.2d 134, 141 (2018) (holding plaintiff’s motion for reconsideration should have been allowed because the trial court only indicated it would rule on the issue “at the end of the hearing” and the “hearing on Plaintiffs’ motion was only calendared to consider Plaintiffs’ motion in limine”). | 2 | 2 |
State v. Memsgreen2 sentences1987State v. Mems, 281 N.C. 658, 666-67 , 190 S.E. 2d 164, 170 (1972). 1987State v. Mems, 281 N.C. 658, 666-67 , 190 S.E. 2d 164, 170 (1972). | 2 | 2 |
Michigan v. Thomasgreen1 sentence2026Michigan v. Thomas, 458 U.S. 259, 261 (1982) (citation and footnote omitted). | 1 | 1 |
Doe v. United Statesgreen2 sentences2019Doe , 487 U.S. at 212 , 108 S. Ct. at 2348 , 101 L. 2019Doe , 487 U.S. at 212 , 108 S. Ct. at 2348 , 101 L. | 1 | 1 |
STATE EX REL. UTILITIES COM'N v. Simpsongreen2 sentences2017Simpson , 295 N.C. at 525 , 246 S.E.2d at 757 . 2017Simpson , 295 N.C. at 525 , 246 S.E.2d at 757 . | 1 | 1 |
Houston v. Tillmangreen2 sentences2017See Houston v. Tillman , 234 N.C.App. 691 , 695, 760 S.E.2d 18 , 20 (2014) (holding that the "plaintiff's amendment and restatement of the complaint[,]" which was accepted by the trial court, "rendered any argument [by the defendants] regarding [their motions to dismiss] the original complaint moot"). 2017See Houston v. Tillman , 234 N.C.App. 691 , 695, 760 S.E.2d 18 , 20 (2014) (holding that the "plaintiff's amendment and restatement of the complaint[,]" which was accepted by the trial court, "rendered any argument [by the defendants] regarding [their motions to dismiss] the original complaint moot"). | 1 | 1 |
Carnett's, Inc. v. Hammondgreen1 sentence2012A court’s attempt at preventing a class action from degenerating into a series of individual trials also requires it to determine whether it is likely that the answers to those common questions will be consistent among class members. “[A] common question is not enough when the answer may vary with each class member and is determinative of whether the member is properly part of the class.” Carnett’s, Inc. v. Hammond, 610 S.E.2d 529, 532 (Ga. 2005). | 1 | 1 |
State Ex Rel. Utilities Commission v. Edmistengreen2 sentences1982Estimates regarding probable future revenues and expenses, however, must be based upon the utility’s plant and equipment actually in operation at the end of the test period. 291 N.C. at 342 , 230 S.E. 2d at 660 (emphasis added) (citations omitted). 1982Estimates regarding probable future revenues and expenses, however, must be based upon the utility’s plant and equipment actually in operation at the end of the test period. 291 N.C. at 342 , 230 S.E. 2d at 660 (emphasis added) (citations omitted). | 1 | 1 |
State v. Propstgreen2 sentences1977“Ordinarily, it is for the court, in its discretion, to determine whether the circumstances brought to its attention are sufficient to call for a formal inquiry to determine whether defendant has sufficient mental capacity to plead to the indictment and conduct a rational defense.” State v. Propst, 274 N.C. 62, 68 , 161 S.E. 2d 560, 565 (1968). *289 The question of defendant’s competency to stand trial was raised in this case at the end of the hearing conducted on defendant’s motion to dismiss his counsel, discussed ante. 1977“Ordinarily, it is for the court, in its discretion, to determine whether the circumstances brought to its attention are sufficient to call for a formal inquiry to determine whether defendant has sufficient mental capacity to plead to the indictment and conduct a rational defense.” State v. Propst, 274 N.C. 62, 68 , 161 S.E. 2d 560, 565 (1968). *289 The question of defendant’s competency to stand trial was raised in this case at the end of the hearing conducted on defendant’s motion to dismiss his counsel, discussed ante. | 1 | 1 |
State Ex Rel. Utilities Commission v. Virginia Electric & Power Co.green2 sentences1976This Court did hold in Utilities Commission v. Virginia Electric and Power Company, 285 N.C. 398, 417 , 206 S.E.2d 283, 297 (1974), relied on by the Attorney General, that it was not error for the Commission to refuse to consider salary, wage, and federal social security tax increases known in the test period to be forthcoming but not taking effect until after the end of the test period, saying, "Adjustments for post test period increases in certain categories of expense may well give a distorted picture of the need for revenue since post test period experience in other categories of expense i 1976This Court did hold in Utilities Commission v. Virginia Electric and Power Company, 285 N.C. 398, 417 , 206 S.E.2d 283, 297 (1974), relied on by the Attorney General, that it was not error for the Commission to refuse to consider salary, wage, and federal social security tax increases known in the test period to be forthcoming but not taking effect until after the end of the test period, saying, "Adjustments for post test period increases in certain categories of expense may well give a distorted picture of the need for revenue since post test period experience in other categories of expense i | 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 Ex Rel. Utilities Commission v. Morgan
green
2 sentences1971In our opinion heretofore filed in this matter, 277 N.C. 255 , 177 S.E. 2d 405 , we held that it was error for the Commission to include in the rate base of a public utility the value of plant under construction at the end of the test period and that it was also error for the Commission to add to the company’s operating revenue for the test period interest charged to construction during the test period, these being approximately offsetting errors in the process of fixing rates to be charged for service in the future. 1971In our opinion heretofore filed in this matter, 277 N.C. 255 , 177 S.E. 2d 405 , we held that it was error for the Commission to include in the rate base of a public utility the value of plant under construction at the end of the test period and that it was also error for the Commission to add to the company’s operating revenue for the test period interest charged to construction during the test period, these being approximately offsetting errors in the process of fixing rates to be charged for service in the future. | 3 | 1971–1979 |
State Ex Rel. Utilities Commission v. Morgan
green
2 sentences1976G.S. 62-133(c); Utilities Commission v. Morgan, Attorney General, 277 N.C. 255, 273 , 177 S.E.2d 405 (1970), affirmed on rehearing, 278 N.C. 235 , 179 S.E.2d 419 (1971). 1976G.S. 62-133(c); Utilities Commission v. Morgan, Attorney General, 277 N.C. 255, 273 , 177 S.E.2d 405 (1970), affirmed on rehearing, 278 N.C. 235 , 179 S.E.2d 419 (1971). | 3 | 1971–1976 |
State v. Johnson
green
2 sentences2022“Factors bearing on the time lapse should include the contemnor’s notice or knowledge of the charged misconduct, the nature of the misconduct, and other circumstances that may have some bearing upon the defendant’s right to a fair and timely hearing.” Id. (holding the trial court properly imposed direct criminal contempt through summary proceedings at the end of a hearing and well after the contemptuous behavior occurred where the contemptuous conduct occurred during a “relatively short” bond hearing, “the court was adjudicating, and the defendant was put on notice, that the defendant’s conduc 2022“Factors bearing on the time lapse should include the contemnor’s notice or knowledge of the charged misconduct, the nature of the misconduct, and other circumstances that may have some bearing upon the defendant’s right to a fair and timely hearing.” Id. (holding the trial court properly imposed direct criminal contempt through summary proceedings at the end of a hearing and well after the contemptuous behavior occurred where the contemptuous conduct occurred during a “relatively short” bond hearing, “the court was adjudicating, and the defendant was put on notice, that the defendant’s conduc | 2 | 2022–2022 |
State v. Al-Bayyinah
green
2 sentences2015Though Rule 404(b) is a “general rule of inclusion,” Al-Bayyinah, 356 N.C. at 154 , 567 S.E.2d at 122 , Rule 403 supplies an independent limitation on the ability of trial courts to admit evidence under that Rule. 2015Though Rule 404(b) is a “general rule of inclusion,” Al-Bayyinah, 356 N.C. at 154 , 567 S.E.2d at 122 , Rule 403 supplies an independent limitation on the ability of trial courts to admit evidence under that Rule. | 1 | 2015–2015 |
Bell Atlantic Corp. v. AT&T Corp.
green
1 sentence2012The process of evaluating how a trial would proceed “‘entails identifying the substantive issues that will control the outcome, assessing which issues will predominate, and then determining whether the issues are common to the class, a process that ultimately prevents the class from degenerating into a series of individual trials.’” Id. (citation omitted.) However, this Court finds persuasive like others, that the presence of a predominating common question is not the end of the analysis. | 1 | 2012–2012 |
State v. Baker
green
2 sentences2010Moreover, the trial court stated at the beginning of the entire instruction that “[t]he State must prove to you that the Defendant is guilty beyond a reasonable doubt.” At the end of the instruction, the trial court charged, “[i]t is your exclusive province to find the true facts of the case and to render a verdict reflecting the truth as you find it.” This situation is analogous to Baker and Collins where “the trial court repeatedly instructed the jury that the State had the burden of proving defendant was guilty beyond a reasonable doubt.” Baker, 338 N.C. at 565 , 451 S.E.2d at 597 . 2010Moreover, the trial court stated at the beginning of the entire instruction that “[t]he State must prove to you that the Defendant is guilty beyond a reasonable doubt.” At the end of the instruction, the trial court charged, “[i]t is your exclusive province to find the true facts of the case and to render a verdict reflecting the truth as you find it.” This situation is analogous to Baker and Collins where “the trial court repeatedly instructed the jury that the State had the burden of proving defendant was guilty beyond a reasonable doubt.” Baker, 338 N.C. at 565 , 451 S.E.2d at 597 . | 1 | 2010–2010 |
Hernandez v. New York
green
2 sentences2000It should be remembered that the Batson analysis “permits prompt rulings on objections to peremptory challenges without substantial disruption of the jury selection process.” Hernandez, 500 U.S. at 358 , 114 L. 2000It should be remembered that the Batson analysis “permits prompt rulings on objections to peremptory challenges without substantial disruption of the jury selection process.” Hernandez, 500 U.S. at 358 , 114 L. | 1 | 2000–2000 |
Routh v. Snap-On Tools Corp.
green
1 sentence1999Id. | 1 | 1999–1999 |
State v. Triplett
green
2 sentences1997At the end of the hearing, the court found facts, as required in State v. Triplett, 316 N.C. 1 , 340 S.E.2d 736 (1986), and ordered that Ms. Winbome’s testimony be admitted. 1997At the end of the hearing, the court found facts, as required in State v. Triplett, 316 N.C. 1 , 340 S.E.2d 736 (1986), and ordered that Ms. Winbome’s testimony be admitted. | 1 | 1997–1997 |
State Ex Rel. Utilities Commission v. Duke Power Co.
green
2 sentences1985Utilities Commission *269 v. Duke Power Co., 305 N.C. 1 , 287 S.E.2d 786 (1982). 1985Utilities Commission *269 v. Duke Power Co., 305 N.C. 1 , 287 S.E.2d 786 (1982). | 1 | 1985–1985 |
Duren v. Missouri
green
2 sentences1980Even systematic exclusion of identifiable groups may be constitutionally permissible if "a significant state interest be manifestly and primarily advanced by those aspects of the jury-selection process, such as exemption criteria, that result in the disproportionate exclusion of a distinctive group." Duren v. Missouri, supra, 439 U.S. at 367 , 99 S.Ct. at 670 , 58 L.Ed.2d at 589 . 1980Even systematic exclusion of identifiable groups may be constitutionally permissible if "a significant state interest be manifestly and primarily advanced by those aspects of the jury-selection process, such as exemption criteria, that result in the disproportionate exclusion of a distinctive group." Duren v. Missouri, supra, 439 U.S. at 367 , 99 S.Ct. at 670 , 58 L.Ed.2d at 589 . | 1 | 1980–1980 |
State Ex Rel. North Carolina Utilities Commission v. Westco Telephone Co.
green
2 sentences1979Utilities Commission v. Power Co., 285 N.C. 377 , 206 S.E. 2d 269 (1974); Utilities Commission v. Morgan, Attorney General, 277 N.C. 255 , 177 S.E. 2d 405 (1970); Utility Commission v. Telephone Co., 266 N.C. 450 , 146 S.E. 2d 487 (1966). 1979Utilities Commission v. Power Co., 285 N.C. 377 , 206 S.E. 2d 269 (1974); Utilities Commission v. Morgan, Attorney General, 277 N.C. 255 , 177 S.E. 2d 405 (1970); Utility Commission v. Telephone Co., 266 N.C. 450 , 146 S.E. 2d 487 (1966). | 1 | 1979–1979 |
State Ex Rel. Utilities Commission v. Duke Power Co.
green
2 sentences1979Utilities Commission v. Power Co., 285 N.C. 377 , 206 S.E. 2d 269 (1974); Utilities Commission v. Morgan, Attorney General, 277 N.C. 255 , 177 S.E. 2d 405 (1970); Utility Commission v. Telephone Co., 266 N.C. 450 , 146 S.E. 2d 487 (1966). 1979Utilities Commission v. Power Co., 285 N.C. 377 , 206 S.E. 2d 269 (1974); Utilities Commission v. Morgan, Attorney General, 277 N.C. 255 , 177 S.E. 2d 405 (1970); Utility Commission v. Telephone Co., 266 N.C. 450 , 146 S.E. 2d 487 (1966). | 1 | 1979–1979 |
State Ex Rel. North Carolina Utilities Commission v. Piedmont Natural Gas Co.
green
2 sentences1970This principle, which is clearly provided by the statute quoted above, was applied in Utilities Commission v. Gas Co., 254 N.C. 536 , 119 S.E. 2d 469 , where one of the grounds for the reversal of a Commission order was that the Commission had erroneously determined the utility rate base by averaging the net investment for the year. 1970This principle, which is clearly provided by the statute quoted above, was applied in Utilities Commission v. Gas Co., 254 N.C. 536 , 119 S.E. 2d 469 , where one of the grounds for the reversal of a Commission order was that the Commission had erroneously determined the utility rate base by averaging the net investment for the year. | 1 | 1970–1970 |
Brown v. Rhinehart Bros.
neutral
1 sentence1929Brown v. Rhinehart, 112 N. C., 772, 776 . | 1 | 1929–1929 |
Mial v. Ellington.
green
1 sentence1900R. , 137 N.C. 21 ; Battle v. Rocky Mount , 156 N.C. 339 . *Page 389 Overruled: This case has been overruled, with the whole class of cases to which it belongs, from Hoke v. Henderson , 15 N.C. down, by Mial v. Ellington , 134 N.C. 131 , which put an end to the doctrine of property in office in this State. (615) | 1 | 1900–1900 |
Burton v. . W. W. R. R.
neutral
1 sentence1883Co., 84 N. C., 192 , we re-open the issue as to damages, and remand the case to the end that an inquiry thereof be made in the court below. | 1 | 1883–1883 |
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.