defendant next assigns error (North Carolina) · Go Syfert
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defendant next assigns error in North Carolina

20 North Carolina opinions name it 2 courts 1976–2005 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 (9)

CaseFollowedCited
Wainwright v. Wittgreen
scotus · 1985 · cited in 3 North Carolina opinions naming this issue, 1992–1997
2 sentences

1995The defendant next assigns error to (1) the trial court’s denial of his motion to prohibit death qualification voir dire questions; (2) the State’s use of peremptory challenges to excuse jurors not meeting the standard for excusal for cause under Wainwright v. Witt, 469 U.S. 412 , 83 L.

1995The defendant next assigns error to (1) the trial court’s denial of his motion to prohibit death qualification voir dire questions; (2) the State’s use of peremptory challenges to excuse jurors not meeting the standard for excusal for cause under Wainwright v. Witt, 469 U.S. 412 , 83 L.

23
State v. McNeilgreen
nc · 1989 · cited in 1 North Carolina opinions naming this issue, 1997–1997
2 sentences

1997He concedes we have decided this question against his position in State v. McNeil, 324 N.C. 33, 44 , 375 S.E.2d 909, 916 (1989), sentence vacated on other grounds, 494 U.S. 1050 , 108 L.

1997He concedes we have decided this question against his position in State v. McNeil, 324 N.C. 33, 44 , 375 S.E.2d 909, 916 (1989), sentence vacated on other grounds, 494 U.S. 1050 , 108 L.

11
State v. Brittgreen
nc · 1975 · cited in 1 North Carolina opinions naming this issue, 1996–1996
2 sentences

1996See State v. Britt, 288 N.C. 699, 712 , 220 S.E.2d 283, 291 (1975).

1996See State v. Britt, 288 N.C. 699, 712 , 220 S.E.2d 283, 291 (1975).

11
State v. Kirkleygreen
nc · 1983 · cited in 1 North Carolina opinions naming this issue, 1994–1994
2 sentences

1994The defendant next assigns error to the jury’s failure to find two statutory mitigating circumstances, N.C.G.S. § 15A-2000(f)(2) and (f)(6) which are: “[t]he capital felony was committed while the defendant was under the influence of mental or emotional disturbance” and “[t]he capacity of the defendant to appreciate the criminality of his conduct or to conform his conduct to the requirements 'of law was impaired.” The defendant, relying on State v. Kirkley, 308 N.C. 196, 220 , 302 S.E.2d 144, 158 (1983), says a jury cannot refuse to find and consider a statutory mitigating circumstance which i

1994The defendant next assigns error to the jury’s failure to find two statutory mitigating circumstances, N.C.G.S. § 15A-2000(f)(2) and (f)(6) which are: “[t]he capital felony was committed while the defendant was under the influence of mental or emotional disturbance” and “[t]he capacity of the defendant to appreciate the criminality of his conduct or to conform his conduct to the requirements 'of law was impaired.” The defendant, relying on State v. Kirkley, 308 N.C. 196, 220 , 302 S.E.2d 144, 158 (1983), says a jury cannot refuse to find and consider a statutory mitigating circumstance which i

11
State v. McKoygreen
nc · 1992 · cited in 1 North Carolina opinions naming this issue, 1994–1994
2 sentences

1994“A person has a right to kill not only in his own self-defense but also in defense of *466 another.” State v. McKoy, 332 N.C. 639, 643 , 422 S.E.2d 713, 716 (1992) (citing State v. Carter, 254 N.C. 475 , 119 S.E.2d 461 (1961)).

1994“A person has a right to kill not only in his own self-defense but also in defense of *466 another.” State v. McKoy, 332 N.C. 639, 643 , 422 S.E.2d 713, 716 (1992) (citing State v. Carter, 254 N.C. 475 , 119 S.E.2d 461 (1961)).

11
Eddings v. Oklahomagreen
scotus · 1982 · cited in 1 North Carolina opinions naming this issue, 1992–1992
11
State v. Alstongreen
nc · 1983 · cited in 1 North Carolina opinions naming this issue, 1985–1985
11
State v. Franksgreen
· 1980 · cited in 1 North Carolina opinions naming this issue, 1984–1984
11
State v. Garnergreen
nc · 1949 · cited in 1 North Carolina opinions naming this issue, 1976–1976
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 (31)

CaseCitedYears
Witherspoon v. Illinois green
scotus · 1968
2 sentences

1994The defendant next assigns error to the court’s refusal to let him rehabilitate a juror whom the State challenged for cause pursuant to Witherspoon v. Illinois, 391 U.S. 510 , 20 L.

1994The defendant next assigns error to the court’s refusal to let him rehabilitate a juror whom the State challenged for cause pursuant to Witherspoon v. Illinois, 391 U.S. 510 , 20 L.

21994–1995
Blakely v. Washington green
scotus · 2004
2 sentences

2005The defendant next assigns as error that the trial court sentenced him in the aggravated range without the finding of the existence of aggravating factors by a jury in violation of Blakely v. Washington, 542 U.S. 296 , 159 L.

2005The defendant next assigns as error that the trial court sentenced him in the aggravated range without the finding of the existence of aggravating factors by a jury in violation of Blakely v. Washington, 542 U.S. 296 , 159 L.

12005–2005
Mapp v. Ohio green
scotus · 1961
2 sentences

1997He says first that he was taken into custody without probable cause to arrest him and that his statements to the officers should have been suppressed as the “fruit of a poisonous tree.” Mapp v. Ohio, 367 U.S. 643 , 6 L.

1997He says first that he was taken into custody without probable cause to arrest him and that his statements to the officers should have been suppressed as the “fruit of a poisonous tree.” Mapp v. Ohio, 367 U.S. 643 , 6 L.

11997–1997
McMonagle v. Northeast Women's Center, Inc. green
scotus · 1990
1 sentence

1997He concedes we have decided this question against his position in State v. McNeil, 324 N.C. 33, 44 , 375 S.E.2d 909, 916 (1989), sentence vacated on other grounds, 494 U.S. 1050 , 108 L.

11997–1997
State v. Hardy green
nc · 1994
2 sentences

1997The defendant, relying on State v. Hardy, 339 N.C. 207 , 451 S.E.2d 600 (1994), says the testimony of certain witnesses as to what the victim told them merely recited facts and did not show the victim’s state of mind.

1997The defendant, relying on State v. Hardy, 339 N.C. 207 , 451 S.E.2d 600 (1994), says the testimony of certain witnesses as to what the victim told them merely recited facts and did not show the victim’s state of mind.

11997–1997
Fox v. Board of Trustees of the State University green
scotus · 1995
1 sentence

1996In State v. Jones, 339 N.C. 114 , 451 S.E.2d 826 (1994), cert. denied,-U.S.-, 132 L.

11996–1996
State v. Jones green
nc · 1994
2 sentences

1996In State v. Jones, 339 N.C. 114 , 451 S.E.2d 826 (1994), cert. denied,-U.S.-, 132 L.

1996In State v. Jones, 339 N.C. 114 , 451 S.E.2d 826 (1994), cert. denied,-U.S.-, 132 L.

11996–1996
State v. Martin green
nc · 1978
2 sentences

1995We have approved similar instructions in State v. Martin, 294 N.C. 253 , 240 S.E.2d 415 , and State v. Griffin, 280 N.C. 142 , 185 S.E.2d 149 (1971).

1995We have approved similar instructions in State v. Martin, 294 N.C. 253 , 240 S.E.2d 415 , and State v. Griffin, 280 N.C. 142 , 185 S.E.2d 149 (1971).

11995–1995
State v. Griffin green
nc · 1971
2 sentences

1995We have approved similar instructions in State v. Martin, 294 N.C. 253 , 240 S.E.2d 415 , and State v. Griffin, 280 N.C. 142 , 185 S.E.2d 149 (1971).

1995We have approved similar instructions in State v. Martin, 294 N.C. 253 , 240 S.E.2d 415 , and State v. Griffin, 280 N.C. 142 , 185 S.E.2d 149 (1971).

11995–1995
Ake v. Oklahoma green
scotus · 1985
2 sentences

1994The State paid for the psychological examination pursuant to Ake v. Oklahoma, 470 U.S. 68 , 105 S.Ct. 1087 , 84 L.Ed.2d 53 (1985).

1994The State paid for the psychological examination pursuant to Ake v. Oklahoma, 470 U.S. 68 , 105 S.Ct. 1087 , 84 L.Ed.2d 53 (1985).

11994–1994
State v. Carter green
nc · 1961
2 sentences

1994“A person has a right to kill not only in his own self-defense but also in defense of *466 another.” State v. McKoy, 332 N.C. 639, 643 , 422 S.E.2d 713, 716 (1992) (citing State v. Carter, 254 N.C. 475 , 119 S.E.2d 461 (1961)).

1994“A person has a right to kill not only in his own self-defense but also in defense of *466 another.” State v. McKoy, 332 N.C. 639, 643 , 422 S.E.2d 713, 716 (1992) (citing State v. Carter, 254 N.C. 475 , 119 S.E.2d 461 (1961)).

11994–1994
State v. Williams green
nc · 1982
2 sentences

1994State v. Williams, 305 N.C. 656, 686 , 292 S.E.2d 243, 261 , cert. denied, 459 U.S. 1056 , 103 S.Ct. 474 , 74 L.Ed.2d 622 (1982).

1994State v. Williams, 305 N.C. 656, 686 , 292 S.E.2d 243, 261 , cert. denied, 459 U.S. 1056 , 103 S.Ct. 474 , 74 L.Ed.2d 622 (1982).

11994–1994
State v. Lloyd green
nc · 1988
2 sentences

1994The defendant did not request that this circumstance be submitted to the jury but we held in State v. Lloyd, 321 N.C. 301 , 364 S.E.2d 316 (1988), death penalty vacated, 488 U.S. 807 , 109 S.Ct. 38 , 102 L.Ed.2d 18 (1988), that it must be submitted if his record as a whole would reasonably support a finding by the jury that the defendant had no significant history of prior criminal activity.

1994The defendant did not request that this circumstance be submitted to the jury but we held in State v. Lloyd, 321 N.C. 301 , 364 S.E.2d 316 (1988), death penalty vacated, 488 U.S. 807 , 109 S.Ct. 38 , 102 L.Ed.2d 18 (1988), that it must be submitted if his record as a whole would reasonably support a finding by the jury that the defendant had no significant history of prior criminal activity.

11994–1994
Buschbom v. Gomez, Director, California Department of Corrections green
scotus · 1993
1 sentence

1994State v. Syriani, 333 N.C. 350 , 428 S.E.2d 118 , cert. denied, ___ U.S. ___, 114 S.Ct. 392 , 126 L.Ed.2d 341 (1993); State v. Roper, 328 N.C. 337 , 402 S.E.2d 600 , cert. denied, ___ U.S. ___, 112 S.Ct. 280 , 116 L.Ed.2d 232 (1991).

11994–1994
Lockett v. Ohio green
scotus · 1978
2 sentences

1994The defendant says that he was entitled to have the jury consider anything that it might deem to justify a sentence less than death, Lockett v. Ohio, 438 U.S. 586 , 98 S.Ct. 2954 , 57 L.Ed.2d 973 (1978), and that evidence that he would receive appropriate sentences for his other crimes might mitigate against a sentence of death in this case.

1994The defendant says that he was entitled to have the jury consider anything that it might deem to justify a sentence less than death, Lockett v. Ohio, 438 U.S. 586 , 98 S.Ct. 2954 , 57 L.Ed.2d 973 (1978), and that evidence that he would receive appropriate sentences for his other crimes might mitigate against a sentence of death in this case.

11994–1994
State v. Roper green
nc · 1991
2 sentences

1994State v. Syriani, 333 N.C. 350 , 428 S.E.2d 118 , cert. denied, ___ U.S. ___, 114 S.Ct. 392 , 126 L.Ed.2d 341 (1993); State v. Roper, 328 N.C. 337 , 402 S.E.2d 600 , cert. denied, ___ U.S. ___, 112 S.Ct. 280 , 116 L.Ed.2d 232 (1991).

1994State v. Syriani, 333 N.C. 350 , 428 S.E.2d 118 , cert. denied, ___ U.S. ___, 114 S.Ct. 392 , 126 L.Ed.2d 341 (1993); State v. Roper, 328 N.C. 337 , 402 S.E.2d 600 , cert. denied, ___ U.S. ___, 112 S.Ct. 280 , 116 L.Ed.2d 232 (1991).

11994–1994
State v. Syriani green
nc · 1993
11994–1994
Smith v. North Carolina; Williams v. North Carolina; And Pinch v. North Carolina green
scotus · 1982
2 sentences

1994State v. Williams, 305 N.C. 656, 686 , 292 S.E.2d 243, 261 , cert. denied, 459 U.S. 1056 , 74 L.

1994State v. Williams, 305 N.C. 656, 686 , 292 S.E.2d 243, 261 , cert. denied, 459 U.S. 1056 , 103 S.Ct. 474 , 74 L.Ed.2d 622 (1982).

11994–1994
Zettlemoyer v. Fulcomer green
scotus · 1991
1 sentence

1994State v. Syriani, 333 N.C. 350 , 428 S.E.2d 118 , cert. denied, ___ U.S. ___, 114 S.Ct. 392 , 126 L.Ed.2d 341 (1993); State v. Roper, 328 N.C. 337 , 402 S.E.2d 600 , cert. denied, ___ U.S. ___, 112 S.Ct. 280 , 116 L.Ed.2d 232 (1991).

11994–1994
Richardson Engineering Co. v. William L. Crow Construction Co. green
scotus · 1991
1 sentence

1994State v. Syriani, 333 N.C. 350 , 428 S.E.2d 118 , cert. denied, ___ U.S. ___, 114 S.Ct. 392 , 126 L.Ed.2d 341 (1993); State v. Roper, 328 N.C. 337 , 402 S.E.2d 600 , cert. denied, ___ U.S. ___, 112 S.Ct. 280 , 116 L.Ed.2d 232 (1991).

11994–1994
Shirk v. McLaughlin green
scotus · 1988
2 sentences

1994The defendant did not request that this circumstance be submitted to the jury but we held in State v. Lloyd, 321 N.C. 301 , 364 S.E.2d 316 (1988), death penalty vacated, 488 U.S. 807 , 102 L.

1994The defendant did not request that this circumstance be submitted to the jury but we held in State v. Lloyd, 321 N.C. 301 , 364 S.E.2d 316 (1988), death penalty vacated, 488 U.S. 807 , 109 S.Ct. 38 , 102 L.Ed.2d 18 (1988), that it must be submitted if his record as a whole would reasonably support a finding by the jury that the defendant had no significant history of prior criminal activity.

11994–1994
Washington State Electrical Contractors Ass'n v. Forrest green
scotus · 1988
1 sentence

1994The defendant did not request that this circumstance be submitted to the jury but we held in State v. Lloyd, 321 N.C. 301 , 364 S.E.2d 316 (1988), death penalty vacated, 488 U.S. 807 , 109 S.Ct. 38 , 102 L.Ed.2d 18 (1988), that it must be submitted if his record as a whole would reasonably support a finding by the jury that the defendant had no significant history of prior criminal activity.

11994–1994
Bank of San Marino Building, Ltd. v. Default Service Co. green
scotus · 1988
2 sentences

1994The defendant did not request that this circumstance be submitted to the jury but we held in State v. Lloyd, 321 N.C. 301 , 364 S.E.2d 316 (1988), death penalty vacated, 488 U.S. 807 , 102 L.

1994The defendant did not request that this circumstance be submitted to the jury but we held in State v. Lloyd, 321 N.C. 301 , 364 S.E.2d 316 (1988), death penalty vacated, 488 U.S. 807 , 109 S.Ct. 38 , 102 L.Ed.2d 18 (1988), that it must be submitted if his record as a whole would reasonably support a finding by the jury that the defendant had no significant history of prior criminal activity.

11994–1994
State v. Moseley green
· 1994
2 sentences

1994This assignment of error is overruled pursuant to State v. Moseley, 336 N.C. 710 , 445 S.E.2d 906 (1994). *483 The defendant next assigns error to certain testimony by his teacher who testified for the State.

1994This assignment of error is overruled pursuant to State v. Moseley, 336 N.C. 710 , 445 S.E.2d 906 (1994). *483 The defendant next assigns error to certain testimony by his teacher who testified for the State.

11994–1994
State v. Price green
· 1992
2 sentences

1994In State v. Price, 331 N.C. 620 , 418 S.E.2d 169 (1992), vacated and remanded, - U.S. -, 122 L.

1994In State v. Price, 331 N.C. 620 , 418 S.E.2d 169 (1992), vacated and remanded, - U.S. -, 122 L.

11994–1994
State v. Conner green
nc · 1955
2 sentences

1994During its deliberations, the jury sent a note to the court asking whether the defendant could ever be eligible for parole from the sentences imposed for the crimes against Leigh Cooper. *558 The Court, pursuant to State v. Conner, 241 N.C. 468 , 85 S.E.2d 584 (1955), instructed the jury that they should not consider eligibility for parole in reaching a verdict but should determine the question as though life means imprisonment for life.

1994During its deliberations, the jury sent a note to the court asking whether the defendant could ever be eligible for parole from the sentences imposed for the crimes against Leigh Cooper. *558 The Court, pursuant to State v. Conner, 241 N.C. 468 , 85 S.E.2d 584 (1955), instructed the jury that they should not consider eligibility for parole in reaching a verdict but should determine the question as though life means imprisonment for life.

11994–1994
State v. Robbins green
nc · 1987
11994–1994
Cage v. Louisiana green
scotus · 1990
11992–1992
Blockburger v. United States green
scotus · 1931
11988–1988
State v. Freeland green
nc · 1986
11987–1987
State v. Anderson green
nc · 1949
11976–1976

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 8C-1 (12) NC § N.C. Gen. Stat. § 15A-2000 (9) NC § N.C. Gen. Stat. § 15A-1443 (8)

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.

Where else courts name it

NC 20 (1976–2005) CT 4 (1975–1988) OK 4 (1915–1977) WA 3 (1971–1983) IN 2 (1978–1980) NE 2 (1969–1987)

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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