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25 North Carolina opinions name it 2 courts 1889–2024 3 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. Dorsettgreen2 sentences2022T.J. 2022-NCSC-23 Opinion of the Court declined to rule on th[e] question.” 272 N.C. 227, 229 (1967). ¶ 53 Here, plaintiff properly raised and received a ruling on her claim that it would be unconstitutional to deny relief under N.C.G.S. 2022T.J. 2022-NCSC-23 Opinion of the Court declined to rule on th[e] question.” 272 N.C. 227, 229 (1967). ¶ 53 Here, plaintiff properly raised and received a ruling on her claim that it would be unconstitutional to deny relief under N.C.G.S. | 2 | 2 |
Brooks v. Goodengreen2 sentences2004Brooks, Com’r of Labor v. Gooden, 69 N.C. 1990App. 701, 707 , 318 S.E.2d 348, 352 (1984) (“counterclaim is in the nature of an independent proceeding and is not automatically determined by a ruling in the principle claim . . .”). | 1 | 2 |
State Ex Rel. Commissioner of Insurance v. Integon Life Insurancegreen2 sentences2009Co., 28 N.C.App. 7, 11 , 220 S.E.2d 409, 412 (1975) (stating that "[a]n administrative agency has no power to promulgate rules and regulations which alter or add to the law it was set up to administer or which have the effect of substantive law") (citation omitted). [7] To be absolutely clear, we believe that an individual subject to satellite-based monitoring has the right, in an appropriate proceeding, to challenge the validity of specific provisions of the interim guidelines or contracts on the grounds that they violate state or federal law, including relevant provisions of the federal and 2009Co., 28 N.C.App. 7, 11 , 220 S.E.2d 409, 412 (1975) (stating that "[a]n administrative agency has no power to promulgate rules and regulations which alter or add to the law it was set up to administer or which have the effect of substantive law") (citation omitted). [7] To be absolutely clear, we believe that an individual subject to satellite-based monitoring has the right, in an appropriate proceeding, to challenge the validity of specific provisions of the interim guidelines or contracts on the grounds that they violate state or federal law, including relevant provisions of the federal and | 1 | 1 |
State v. Greengreen2 sentences1986As this Court said in State v. Green, 296 N.C. 183, 188 , 250 S.E. 2d 197, 200-201 (1978): The credibility of a witness’s identification testimony is a matter for the jury’s determination, State v. Orr, 260 N.C. 177 , 132 S.E. 2d 334 (1963); State v. Bowman, 232 N.C. 374 , 61 S.E. 2d 107 (1950), and only in rare instances will credibility be a matter for the court’s determination. 1986As this Court said in State v. Green, 296 N.C. 183, 188 , 250 S.E. 2d 197, 200-201 (1978): The credibility of a witness’s identification testimony is a matter for the jury’s determination, State v. Orr, 260 N.C. 177 , 132 S.E. 2d 334 (1963); State v. Bowman, 232 N.C. 374 , 61 S.E. 2d 107 (1950), and only in rare instances will credibility be a matter for the court’s determination. | 1 | 1 |
Stanback v. Stanbackgreen2 sentences1983When making a ruling under this rule, “the complaint must be viewed as admitted, and on that basis the court must determine as a matter of law whether the allegations state a claim for which relief may be granted.” Stanback v. Stanback, 297 N.C. 181, 185 , 254 S.E. 2d 611, 615 (1979); see also, W. 1983When making a ruling under this rule, “the complaint must be viewed as admitted, and on that basis the court must determine as a matter of law whether the allegations state a claim for which relief may be granted.” Stanback v. Stanback, 297 N.C. 181, 185 , 254 S.E. 2d 611, 615 (1979); see also, W. | 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 |
|---|---|---|
Andresen v. Eastern Realty Co.
green
2 sentences1986Andresen v. Eastern Realty Co., 60 N.C.App. 418 , 298 S.E.2d 764 (1983). 1986Andreson v. Eastern Realty Co., 60 N.C. | 2 | 1986–1986 |
State v. Valentine
green
2 sentences2024Defendant does not challenge these findings of fact on appeal and argues only that, “regardless of whether the trial court’s finding was based upon [Rule 803(24) or Rule 804(b)(5)], the ruling was in error because there were no findings whatsoever regarding the circumstantial guarantees of trustworthiness of the statements sought to be admitted.” “The trial court is required to make findings of fact and conclusions of law when determining the trustworthiness of a hearsay statement.” Valentine, 357 N.C. at 518 . 2024In Valentine, “[t]he State concede[d] that the trial court erroneously failed to make the required findings of fact and conclusions of law[,]” and, “[b]ecause the trial court failed to determine whether the victim’s statements . . . contained equivalent circumstantial guarantees of trustworthiness necessary for admission under the exceptions to the hearsay rule,” our Supreme Court “review[ed] the record and [made] [its] own determination.” Id. (marks omitted). | 1 | 2024–2024 |
Webb Ex Rel. Bumgarner v. Nicholson
green
2 sentences2016An interlocutory order ruling on a motion for judgment on the pleadings pursuant to Rule 12(c) based upon "sovereign immunity affects a substantial right and warrants immediate appellate review." Webb v. Nicholson , 178 N.C.App. 362 , 363, 634 S.E.2d 545 , 546 (2006) (citation omitted). 2016An interlocutory order ruling on a motion for judgment on the pleadings pursuant to Rule 12(c) based upon "sovereign immunity affects a substantial right and warrants immediate appellate review." Webb v. Nicholson , 178 N.C.App. 362 , 363, 634 S.E.2d 545 , 546 (2006) (citation omitted). | 1 | 2016–2016 |
State ex rel. Tennessee Department of Health & Environment
green
1 sentence1993State of Tennessee v. Environmental Management Comm., 78 N.C. | 1 | 1993–1993 |
Dull v. North Carolina
green
1 sentence1990State v. Harrill, 289 N.C. 186 , 221 S.E.2d 325 , death sentence vacated, 428 U.S. 904 , 49 L. | 1 | 1990–1990 |
Avery v. North Carolina
green
1 sentence1990State v. Harrill, 289 N.C. 186 , 221 S.E.2d 325 , death sentence vacated, 428 U.S. 904 , 49 L. | 1 | 1990–1990 |
State v. Harrill
green
2 sentences1990State v. Harrill, 289 N.C. 186 , 221 S.E.2d 325 , death sentence vacated, 428 U.S. 904 , 49 L. 1990State v. Harrill, 289 N.C. 186 , 221 S.E.2d 325 , death sentence vacated, 428 U.S. 904 , 49 L. | 1 | 1990–1990 |
State v. Boles
green
2 sentences1987But even if the ruling was error, it was not prejudicial error, because there is no indication whatever that defendant could have defended the case more effectively if he had known who the “cool face” was, see State v. Cameron, 283 N.C. 191 , 195 S.E. 2d 481 (1973); State v. Boles, 246 N.C. 83 , 97 S.E. 2d 476 (1957), and the contention is therefore overruled. 1987But even if the ruling was error, it was not prejudicial error, because there is no indication whatever that defendant could have defended the case more effectively if he had known who the “cool face” was, see State v. Cameron, 283 N.C. 191 , 195 S.E. 2d 481 (1973); State v. Boles, 246 N.C. 83 , 97 S.E. 2d 476 (1957), and the contention is therefore overruled. | 1 | 1987–1987 |
State v. Cameron
green
2 sentences1987But even if the ruling was error, it was not prejudicial error, because there is no indication whatever that defendant could have defended the case more effectively if he had known who the “cool face” was, see State v. Cameron, 283 N.C. 191 , 195 S.E. 2d 481 (1973); State v. Boles, 246 N.C. 83 , 97 S.E. 2d 476 (1957), and the contention is therefore overruled. 1987But even if the ruling was error, it was not prejudicial error, because there is no indication whatever that defendant could have defended the case more effectively if he had known who the “cool face” was, see State v. Cameron, 283 N.C. 191 , 195 S.E. 2d 481 (1973); State v. Boles, 246 N.C. 83 , 97 S.E. 2d 476 (1957), and the contention is therefore overruled. | 1 | 1987–1987 |
State v. Orr
green
2 sentences1986As this Court said in State v. Green, 296 N.C. 183, 188 , 250 S.E. 2d 197, 200-201 (1978): The credibility of a witness’s identification testimony is a matter for the jury’s determination, State v. Orr, 260 N.C. 177 , 132 S.E. 2d 334 (1963); State v. Bowman, 232 N.C. 374 , 61 S.E. 2d 107 (1950), and only in rare instances will credibility be a matter for the court’s determination. 1986As this Court said in State v. Green, 296 N.C. 183, 188 , 250 S.E. 2d 197, 200-201 (1978): The credibility of a witness’s identification testimony is a matter for the jury’s determination, State v. Orr, 260 N.C. 177 , 132 S.E. 2d 334 (1963); State v. Bowman, 232 N.C. 374 , 61 S.E. 2d 107 (1950), and only in rare instances will credibility be a matter for the court’s determination. | 1 | 1986–1986 |
State v. Bowman
green
2 sentences1986As this Court said in State v. Green, 296 N.C. 183, 188 , 250 S.E. 2d 197, 200-201 (1978): The credibility of a witness’s identification testimony is a matter for the jury’s determination, State v. Orr, 260 N.C. 177 , 132 S.E. 2d 334 (1963); State v. Bowman, 232 N.C. 374 , 61 S.E. 2d 107 (1950), and only in rare instances will credibility be a matter for the court’s determination. 1986As this Court said in State v. Green, 296 N.C. 183, 188 , 250 S.E. 2d 197, 200-201 (1978): The credibility of a witness’s identification testimony is a matter for the jury’s determination, State v. Orr, 260 N.C. 177 , 132 S.E. 2d 334 (1963); State v. Bowman, 232 N.C. 374 , 61 S.E. 2d 107 (1950), and only in rare instances will credibility be a matter for the court’s determination. | 1 | 1986–1986 |
Clodfelter v. Carroll
green
2 sentences1985Clodfelter v. Carroll, 261 N.C. 630 , 135 S.E. 2d 636 (1964). 1985Clodfelter v. Carroll, 261 N.C. 630 , 135 S.E. 2d 636 (1964). | 1 | 1985–1985 |
Tridyn Industries, Inc. v. American Mutual Insurance
green
2 sentences1983“Even if defendant is correct on its legal position, the most it will suffer from being denied an immediate appeal is a trial on the issue of damages.” Industries, 296 N.C. at 491 , 251 S.E. 2d at 447 . 1983“Even if defendant is correct on its legal position, the most it will suffer from being denied an immediate appeal is a trial on the issue of damages.” Industries, 296 N.C. at 491 , 251 S.E. 2d at 447 . | 1 | 1983–1983 |
Lide v. Mears
green
2 sentences1978We have said many times that "an action for a declaratory judgment will lie only in a case in which there is an actual or real existing controversy between parties *414 having adverse interests in the matter in dispute." Lide v. Mears, 231 N.C. 111 , 56 S.E.2d 404 (1949). 1978We have said many times that "an action for a declaratory judgment will lie only in a case in which there is an actual or real existing controversy between parties *414 having adverse interests in the matter in dispute." Lide v. Mears, 231 N.C. 111 , 56 S.E.2d 404 (1949). | 1 | 1978–1978 |
State v. Williams
green
2 sentences1975Defendant concedes that under the rule in State v. Williams, 279 N.C. 663 , 185 S.E.2d 174 (1971), the solicitor properly asked this question. 1975Defendant concedes that under the rule in State v. Williams, 279 N.C. 663 , 185 S.E.2d 174 (1971), the solicitor properly asked this question. | 1 | 1975–1975 |
State v. Painter
green
2 sentences1972The trial court has discretionary authority to permit leading questions in proper instances, State v. Painter, 265 N.C. 277 , 144 S.E. 2d 6 (1965), and upon defendant’s failure to show prejudice such discretionary action of the trial court will not be disturbed. 1972The trial court has discretionary authority to permit leading questions in proper instances, State v. Painter, 265 N.C. 277 , 144 S.E. 2d 6 (1965), and upon defendant’s failure to show prejudice such discretionary action of the trial court will not be disturbed. | 1 | 1972–1972 |
State v. . Combs
green
2 sentences1966G.S. 15-152; State v. Hamilton, 264 N.C. 277 , 141 S.E. 2d 506 ; State v. White, 256 N.C. 244 , 123 S.E. 2d 483 ; State v. Combs, 200 N.C. 671 , 158 S.E. 252 . 1966G.S. 15-152; State v. Hamilton, 264 N.C. 277 , 141 S.E. 2d 506 ; State v. White, 256 N.C. 244 , 123 S.E. 2d 483 ; State v. Combs, 200 N.C. 671 , 158 S.E. 252 . | 1 | 1966–1966 |
State v. Hamilton
green
2 sentences1966G.S. 15-152; State v. Hamilton, 264 N.C. 277 , 141 S.E. 2d 506 ; State v. White, 256 N.C. 244 , 123 S.E. 2d 483 ; State v. Combs, 200 N.C. 671 , 158 S.E. 252 . 1966G.S. 15-152; State v. Hamilton, 264 N.C. 277 , 141 S.E. 2d 506 ; State v. White, 256 N.C. 244 , 123 S.E. 2d 483 ; State v. Combs, 200 N.C. 671 , 158 S.E. 252 . | 1 | 1966–1966 |
State v. White
green
2 sentences1966G.S. 15-152; State v. Hamilton, 264 N.C. 277 , 141 S.E. 2d 506 ; State v. White, 256 N.C. 244 , 123 S.E. 2d 483 ; State v. Combs, 200 N.C. 671 , 158 S.E. 252 . 1966G.S. 15-152; State v. Hamilton, 264 N.C. 277 , 141 S.E. 2d 506 ; State v. White, 256 N.C. 244 , 123 S.E. 2d 483 ; State v. Combs, 200 N.C. 671 , 158 S.E. 252 . | 1 | 1966–1966 |
Fulwood v. . Fulwood
green
2 sentences1958The excluded returns not being a part of the record or before the court, Judge Mallard correctly ruled that the court could not “find that the exclusion” of the returns “was prejudical to the defendants.” In re Smith’s Will, 163 N.C. 464 , 79 S.E. 977 ; Fulwood v. Fulwood, 161 N.C. 601 , 77 S.E. 763 . 1958The excluded returns not being a part of the record or before the court, Judge Mallard correctly ruled that the court could not “find that the exclusion” of the returns “was prejudical to the defendants.” In re Smith’s Will, 163 N.C. 464 , 79 S.E. 977 ; Fulwood v. Fulwood, 161 N.C. 601 , 77 S.E. 763 . | 1 | 1958–1958 |
In Re Will of Smith
green
2 sentences1958The excluded returns not being a part of the record or before the court, Judge Mallard correctly ruled that the court could not “find that the exclusion” of the returns “was prejudical to the defendants.” In re Smith’s Will, 163 N.C. 464 , 79 S.E. 977 ; Fulwood v. Fulwood, 161 N.C. 601 , 77 S.E. 763 . 1958The excluded returns not being a part of the record or before the court, Judge Mallard correctly ruled that the court could not “find that the exclusion” of the returns “was prejudical to the defendants.” In re Smith’s Will, 163 N.C. 464 , 79 S.E. 977 ; Fulwood v. Fulwood, 161 N.C. 601 , 77 S.E. 763 . | 1 | 1958–1958 |
Hildebrand v. Southern Bell Telephone & Telegraph Co.
green
2 sentences1955Co., 216 N.C. 235 , 4 S.E. 2d 439 ; Daniel v. Gardner, 240 N.C. 249 , 81 S.E. 2d 660 ), and' that the rulings of the Superior Court upon pre liminary motions relating to the ¡^leadings will not be held for error unless it be made to appear that the ruling to which exception is noted affects prejudicially some substantial right of the movant. 1955Co., 216 N.C. 235 , 4 S.E. 2d 439 ; Daniel v. Gardner, 240 N.C. 249 , 81 S.E. 2d 660 ), and' that the rulings of the Superior Court upon pre liminary motions relating to the ¡^leadings will not be held for error unless it be made to appear that the ruling to which exception is noted affects prejudicially some substantial right of the movant. | 1 | 1955–1955 |
Sowers v. Home-Made Chair Co.
neutral
2 sentences1955Sowers v. Chair Co., 238 N.C. 576 , 78 S.E. 2d 342 ; Ledford v. Transportation Co., 237 N.C. 317 , 74 S.E. 2d 653 ; Hinson v. Britt, supra. Barnette v. Woody, ante, 424. 1955Sowers v. Chair Co., 238 N.C. 576 , 78 S.E. 2d 342 ; Ledford v. Transportation Co., 237 N.C. 317 , 74 S.E. 2d 653 ; Hinson v. Britt, supra. Barnette v. Woody, ante, 424. | 1 | 1955–1955 |
Daniel v. Gardner
green
2 sentences1955Co., 216 N.C. 235 , 4 S.E. 2d 439 ; Daniel v. Gardner, 240 N.C. 249 , 81 S.E. 2d 660 ), and' that the rulings of the Superior Court upon pre liminary motions relating to the ¡^leadings will not be held for error unless it be made to appear that the ruling to which exception is noted affects prejudicially some substantial right of the movant. 1955Co., 216 N.C. 235 , 4 S.E. 2d 439 ; Daniel v. Gardner, 240 N.C. 249 , 81 S.E. 2d 660 ), and' that the rulings of the Superior Court upon pre liminary motions relating to the ¡^leadings will not be held for error unless it be made to appear that the ruling to which exception is noted affects prejudicially some substantial right of the movant. | 1 | 1955–1955 |
Ledford v. Marion Transportation Co.
green
2 sentences1955Sowers v. Chair Co., 238 N.C. 576 , 78 S.E. 2d 342 ; Ledford v. Transportation Co., 237 N.C. 317 , 74 S.E. 2d 653 ; Hinson v. Britt, supra. Barnette v. Woody, ante, 424. 1955Sowers v. Chair Co., 238 N.C. 576 , 78 S.E. 2d 342 ; Ledford v. Transportation Co., 237 N.C. 317 , 74 S.E. 2d 653 ; Hinson v. Britt, supra. Barnette v. Woody, ante, 424. | 1 | 1955–1955 |
| Lineberger v. . Phillips neutral | 1 | 1931–1931 |
| State v. . Setzer neutral | 1 | 1931–1931 |
| State v. . Mills neutral | 1 | 1928–1928 |
| State v. . Morrison green | 1 | 1889–1889 |
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.