20 North Carolina opinions name it 3 courts 1986–2022 4 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 |
|---|---|---|
4U Homes & Sales, Inc. v. McCoygreen2 sentences2022App. 427, 433 , 762 S.E.2d 308, 312 (2014) (citation and internal quotation marks omitted). ¶ 36 The issue of the trial court’s subject-matter jurisdiction over this case is “not contingent upon the outcome of the challenge to the act’s facial validity.” Holdstock, LAKINS V. 2022App. 427, 433 , 762 S.E.2d 308, 312 (2014) (citation and internal quotation marks omitted). ¶ 36 The issue of the trial court’s subject-matter jurisdiction over this case is “not contingent upon the outcome of the challenge to the act’s facial validity.” Holdstock, LAKINS V. | 2 | 2 |
State v. Millergreen2 sentences2021See State v. Miller, 289 N.C. 1, 4 , 220 S.E.2d 572, 574 (1975) (“What the evidence proves or fails to prove is a question of fact for the jury.”); State v. Blagg, 2021-NCSC-66, ¶11 (marks omitted) (“Courts considering a motion to dismiss for insufficiency of the evidence should not be concerned with the weight of the evidence.”). 2021See State v. Miller, 289 N.C. 1, 4 , 220 S.E.2d 572, 574 (1975) (“What the evidence proves or fails to prove is a question of fact for the jury.”); State v. Blagg, 2021-NCSC-66, ¶11 (marks omitted) (“Courts considering a motion to dismiss for insufficiency of the evidence should not be concerned with the weight of the evidence.”). | 2 | 2 |
Wells v. Wellsgreen2 sentences2014“Further, a trial court's findings and conclusions in connection with an award of postseparation support are not binding in connection with the ultimate outcome of the claim for alimony.” Wells v. Wells, 132 N.C. 2014App. 401, 411 , 512 S.E.2d 468, 474 (1999). | 1 | 2 |
State v. Fiegreen2 sentences2007We disagree. "[A] party has a right to be tried before a judge whose impartiality cannot reasonably be questioned." State v. Fie, 320 N.C. 626, 627 , 359 S.E.2d 774, 775 (1987). "[A] judge should disqualify himself/herself in a proceeding in which the judge's impartiality may reasonably be questioned[.]" N.C. 2007We disagree. "[A] party has a right to be tried before a judge whose impartiality cannot reasonably be questioned." State v. Fie, 320 N.C. 626, 627 , 359 S.E.2d 774, 775 (1987). "[A] judge should disqualify himself/herself in a proceeding in which the judge's impartiality may reasonably be questioned[.]" N.C. | 1 | 1 |
Fuentes v. Shevingreen2 sentences2005Fuentes, 407 U.S. at 87 , 92 S.Ct. at 1997-98 , 32 L.Ed.2d at 574 (internal quotation marks and citations omitted). 2005Fuentes, 407 U.S. at 87 , 92 S.Ct. at 1997-98 , 32 L.Ed.2d at 574 (internal quotation marks and citations omitted). | 1 | 1 |
McCrary Stone Service, Inc. v. Lyallsgreen1 sentence2003The defendants would still be owners, with their title unimpaired by this suit.” Rose’s, 270 N.C. at 206 , 154 S.E.2d at 323 ; see also McCrary, 77 N.C. | 1 | 1 |
Federal Trade Commission v. Cement Institutegreen2 sentences1989F.T.C. v. Cement Institute, 333 U.S. 683, 701 , 68 S.Ct. 793, 803 , 92 L.Ed. 1010, 1034 (1948), reh'g denied, 334 U.S. 839 , 68 S.Ct. 1492 , 92 L.Ed. 1764 (1948). 1989F.T.C. v. Cement Institute, 333 U.S. 683, 701 , 68 S.Ct. 793, 803 , 92 L.Ed. 1010, 1034 (1948), reh'g denied, 334 U.S. 839 , 68 S.Ct. 1492 , 92 L.Ed. 1764 (1948). | 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 |
|---|---|---|
Burgess Ex Rel. Burgess v. Gibbs
green
2 sentences2022Burgess, 262 N.C. at 465 , 137 S.E.2d at 808 . ¶ 37 Further, Rule 42(b)(4) itself explicitly envisions Rule 12(b) motions as not being matters “contingent upon the outcome of the challenge to the act’s facial validity.” Holdstock, 270 N.C. 2022Burgess, 262 N.C. at 465 , 137 S.E.2d at 808 . ¶ 37 Further, Rule 42(b)(4) itself explicitly envisions Rule 12(b) motions as not being matters “contingent upon the outcome of the challenge to the act’s facial validity.” Holdstock, 270 N.C. | 2 | 2022–2022 |
Harco National Insurance v. Grant Thornton LLP
green
2 sentences2013Co. v. Grant Thornton, LLP, 206 N.C. 2012Co., 2010 N.C. | 2 | 2012–2013 |
State v. Ash
green
1 sentence2018As such, defense counsel's failure to request such an instruction did not prejudice defendant and did not constitute ineffective assistance of counsel. 193 N.C. | 1 | 2018–2018 |
Langdon v. Langdon
green
1 sentence2017Id. | 1 | 2017–2017 |
Montgomery v. Louisiana
green
2 sentences2016In pertinent part, the Supreme Court concluded that “[w]here state collateral review proceedings permit prisoners to challenge the lawfulness of their confinement, States cannot refuse to give retroactive effect to a substantive constitutional right that determines the outcome of that challenge.” Id. at _, 136 S. Ct. at 731-32 . 2016In pertinent part, the Supreme Court concluded that “[w]here state collateral review proceedings permit prisoners to challenge the lawfulness of their confinement, States cannot refuse to give retroactive effect to a substantive constitutional right that determines the outcome of that challenge.” Id. at _, 136 S. Ct. at 731-32 . | 1 | 2016–2016 |
Associated Packaging, Inc v. Jackson Paper Mfg. Co.
green
1 sentence2013Associated Packaging, Inc., 2012 NCBC 13 ¶¶ 25–27. {23} Under the lex loci test, “‘the law of the state where the [complainant] was injured controls the outcome of the claim.’” Harco Nat’l Ins. | 1 | 2013–2013 |
United Virginia Bank v. Air-Lift Associates, Inc.
green
1 sentence2010The plaintiff’s injury is considered to be sustained in the state “where the last act occurred giving rise to [the] injury.” United Virginia Bank, 79 N.C. | 1 | 2010–2010 |
Stetser v. Tap Pharmaceutical Products, Inc.
green
2 sentences2010App. at 14 , 598 S.E.2d at 579 . “[F]or the causes of action that are normally considered to be torts . . . the law of the state where the plaintiff was injured controls the outcome of the claim.” Id. at 14-15 , 598 S.E.2d at 580 . 2010App. at 14 , 598 S.E.2d at 579 . “[F]or the causes of action that are normally considered to be torts . . . the law of the state where the plaintiff was injured controls the outcome of the claim.” Id. at 14-15 , 598 S.E.2d at 580 . | 1 | 2010–2010 |
Artichoke Joe's v. Norton
green
1 sentence2009This conclusion is bolstered by the reasoning of the district court in Artichoke Joe’s v. Norton, 216 F. Supp. 2d 1084 (E.D. | 1 | 2009–2009 |
Rose's Stores, Inc. v. Tarrytown Center, Inc.
green
2 sentences2003The defendants would still be owners, with their title unimpaired by this suit.” Rose’s, 270 N.C. at 206 , 154 S.E.2d at 323 ; see also McCrary, 77 N.C. 2003The defendants would still be owners, with their title unimpaired by this suit.” Rose’s, 270 N.C. at 206 , 154 S.E.2d at 323 ; see also McCrary, 77 N.C. | 1 | 2003–2003 |
Thigpen v. Ngo
green
2 sentences2003The more recent Supreme Court opinion in Thigpen v. Ngo, 355 N.C. 198 , 558 S.E.2d 162 (2002), controls the outcome at bar. 2003The more recent Supreme Court opinion in Thigpen v. Ngo, 355 N.C. 198 , 558 S.E.2d 162 (2002), controls the outcome at bar. | 1 | 2003–2003 |
Joyner v. Garrett
green
2 sentences2000In appealing from the opinion of the Court of Appeals, the State urges this Court to reinstate the precedent established in Joyner v. Garrett, 279 N.C. 226 , 182 S.E.2d 553 (1971). 2000In appealing from the opinion of the Court of Appeals, the State urges this Court to reinstate the precedent established in Joyner v. Garrett, 279 N.C. 226 , 182 S.E.2d 553 (1971). | 1 | 2000–2000 |
Federal Trade Commission v. The Cement Institute
green
2 sentences1989F.T.C. v. Cement Institute, 333 U.S. 683, 701 , 68 S.Ct. 793, 803 , 92 L.Ed. 1010, 1034 (1948), reh'g denied, 334 U.S. 839 , 68 S.Ct. 1492 , 92 L.Ed. 1764 (1948). 1989F.T.C. v. Cement Institute, 333 U.S. 683, 701 , 92 L.Ed. 1010, 1034 (1948), reh’g denied, 334 U.S. 839 , 92 L.Ed. 1764 (1948). | 1 | 1989–1989 |
MacKey v. Montrym
green
2 sentences1986Id. at 11 , 61 L.Ed. 2d at 330 . 1986Id. at 11 , 61 L.Ed. 2d at 330 . | 1 | 1986–1986 |
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.