20 North Carolina opinions name it 2 courts 1988–2020 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.
| Case | Followed | Cited |
|---|---|---|
Kennedy v. Mendoza-Martinezgreen2 sentences2013In evaluating the second part of the inquiry, the Supreme Court advanced the seven factors listed in Kennedy v. Mendoza-Martinez, 372 U.S. 144, 168-69 , 9 L. 2013In evaluating the second part of the inquiry, the Supreme Court advanced the seven factors listed in Kennedy v. Mendoza-Martinez, 372 U.S. 144, 168-69 , 9 L. | 2 | 3 |
State v. Fowlergreen2 sentences2004See Fowler, 353 N.C. at 617 , 548 S.E.2d at 698 ; Johnson, 161 N.C. 2004See Fowler, 353 N.C. at 617 , 548 S.E.2d at 698 ; Johnson, 161 N.C. | 1 | 2 |
State v. Knightgreen2 sentences2019See State v. Knight, 282 N.C. 220 , 226–27, 192 S.E.2d 283 , 287–88 (1972) (concluding first that identification procedure was impermissibly suggestive and then determining it was of independent origin); but see Powell, 231 N.C. at 369, 364 S.E.2d at 336 (assuming arguendo that procedures were impermissibly suggestive and continuing to the second part of the inquiry). 2019See State v. Knight, 282 N.C. 220 , 226–27, 192 S.E.2d 283 , 287–88 (1972) (concluding first that identification procedure was impermissibly suggestive and then determining it was of independent origin); but see Powell, 231 N.C. at 369, 364 S.E.2d at 336 (assuming arguendo that procedures were impermissibly suggestive and continuing to the second part of the inquiry). | 1 | 1 |
McKyer v. McKyergreen2 sentences2016See McKyer, 179 N.C.App. at 146 , 632 S.E.2d at 836 ("Before earning capacity may be used as the basis of [a child support] award, there must be a showing that the actions reducing the party's income were taken in bad faith to avoid family responsibilities."); Pataky, 160 N.C.App. at 306 -07 , 585 S.E.2d at 415-16 ; Bowers, 141 N.C.App. at 732 , 541 S.E.2d at 510 . 2016See McKyer, 179 N.C.App. at 146 , 632 S.E.2d at 836 ("Before earning capacity may be used as the basis of [a child support] award, there must be a showing that the actions reducing the party's income were taken in bad faith to avoid family responsibilities."); Pataky, 160 N.C.App. at 306 -07 , 585 S.E.2d at 415-16 ; Bowers, 141 N.C.App. at 732 , 541 S.E.2d at 510 . | 1 | 1 |
Hudson v. United Statesgreen2 sentences2002In our determination of this second part of the inquiry we refer to the seven Kennedy factors listed supra. As to the first factor, the statute in question does not impose an “affirmative disability” since that term is normally understood to mean some sanction “approaching the ‘infamous punishment’ of imprisonment.” Hudson, 522 U.S. at 104 , 139 L. 2002In our determination of this second part of the inquiry we refer to the seven Kennedy factors listed supra. As to the first factor, the statute in question does not impose an “affirmative disability” since that term is normally understood to mean some sanction “approaching the ‘infamous punishment’ of imprisonment.” Hudson, 522 U.S. at 104 , 139 L. | 1 | 1 |
State v. Dancygreen2 sentences1993To warrant judicial notice under the second part of this test, the source from which the data is drawn must be “a document of such indisputable accuracy as [would] justify] judicial reliance.” State v. Dancy, 297 N.C. 40, 42 , 252 S.E.2d 514, 515 (1979). 1993To warrant judicial notice under the second part of this test, the source from which the data is drawn must be “a document of such indisputable accuracy as [would] justify] judicial reliance.” State v. Dancy, 297 N.C. 40, 42 , 252 S.E.2d 514, 515 (1979). | 1 | 1 |
Ohio v. Robertsred2 sentences1988N.C.G.S. § 8C-1, Rule 802 (1986); accord, Ohio v. Roberts, 448 U.S. at 66 , 65 L.Ed. 2d at 608 . 1988N.C.G.S. § 8C-1, Rule 802 (1986); accord, Ohio v. Roberts, 448 U.S. at 66 , 65 L.Ed. 2d at 608 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
State v. Powellgreen1 sentence2019See State v. Knight, 282 N.C. 220 , 226–27, 192 S.E.2d 283 , 287–88 (1972) (concluding first that identification procedure was impermissibly suggestive and then determining it was of independent origin); but see Powell, 231 N.C. at 369, 364 S.E.2d at 336 (assuming arguendo that procedures were impermissibly suggestive and continuing to the second part of the inquiry). | 1 | 1 |
| Case | Cited | Years |
|---|---|---|
Davidson v. Knauff Insurance Agency, Inc.
green
2 sentences2020Agency, 93 N.C. 2020Agency, 93 N.C. | 2 | 2020–2020 |
Strickland v. Washington
green
2 sentences2006The second part of the standard “requires showing that counsel’s errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable.” Id. at 687 , 80 L. 2006The second part of the standard “requires showing that counsel’s errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable.” Id. at 687 , 80 L. | 2 | 2004–2006 |
Bowers v. Bowers
green
2 sentences2016See McKyer, 179 N.C.App. at 146 , 632 S.E.2d at 836 ("Before earning capacity may be used as the basis of [a child support] award, there must be a showing that the actions reducing the party's income were taken in bad faith to avoid family responsibilities."); Pataky, 160 N.C.App. at 306 -07 , 585 S.E.2d at 415-16 ; Bowers, 141 N.C.App. at 732 , 541 S.E.2d at 510 . 2016See McKyer, 179 N.C.App. at 146 , 632 S.E.2d at 836 ("Before earning capacity may be used as the basis of [a child support] award, there must be a showing that the actions reducing the party's income were taken in bad faith to avoid family responsibilities."); Pataky, 160 N.C.App. at 306 -07 , 585 S.E.2d at 415-16 ; Bowers, 141 N.C.App. at 732 , 541 S.E.2d at 510 . | 1 | 2016–2016 |
Pataky v. Pataky
green
2 sentences2016See McKyer, 179 N.C.App. at 146 , 632 S.E.2d at 836 ("Before earning capacity may be used as the basis of [a child support] award, there must be a showing that the actions reducing the party's income were taken in bad faith to avoid family responsibilities."); Pataky, 160 N.C.App. at 306 -07 , 585 S.E.2d at 415-16 ; Bowers, 141 N.C.App. at 732 , 541 S.E.2d at 510 . 2016See McKyer, 179 N.C.App. at 146 , 632 S.E.2d at 836 ("Before earning capacity may be used as the basis of [a child support] award, there must be a showing that the actions reducing the party's income were taken in bad faith to avoid family responsibilities."); Pataky, 160 N.C.App. at 306 -07 , 585 S.E.2d at 415-16 ; Bowers, 141 N.C.App. at 732 , 541 S.E.2d at 510 . | 1 | 2016–2016 |
In re O.C.
green
1 sentence2014Respondent-mother counters that she made “great progress” as shown by the trial placement of Zabia with Respondent-mother ordered in December 2007 and a statement in that order that Respondent-mother “has been compliant with the court order, and she continues to make [p]rogress in all areas.” As noted supra, in engaging in the second part of the analysis required to terminate a parent’s rights under section 7B-1111(a)(2), the trial court must determine that “as of the time of the hearing, as demonstrated by clear, cogent and convincing evidence, the parent has not made reasonable progress unde | 1 | 2014–2014 |
In Re OC
green
1 sentence2014App. at 465 , -11- 615 S.E.2d at 396 . | 1 | 2014–2014 |
State v. Evans
green
1 sentence2013Ed. 2d 644, 660-61 (1963), as “useful guideposts[.]” Evans at 332 , 550 S.E.2d at 859 . | 1 | 2013–2013 |
Cooper v. Shealy
green
1 sentence2010“Due process requires that the defendant have minimum contacts with the state in order to satisfy traditional notions of fair play and substantial justice.” Cooper v. Shealy, 140 N.C. | 1 | 2010–2010 |
State v. Hinnant
green
2 sentences2005The evidence before us, taken in its entirety, indicates the statements were made at the children’s first visit to a doctor after discovery of these particular allegations of sexual abuse. *105 The second part of the inquiry in Hinnant asks “whether the declarant’s statements were reasonably pertinent to diagnosis or treatment.” Id. at 284 , 523 S.E.2d at 667 . 2005The evidence before us, taken in its entirety, indicates the statements were made at the children’s first visit to a doctor after discovery of these particular allegations of sexual abuse. *105 The second part of the inquiry in Hinnant asks “whether the declarant’s statements were reasonably pertinent to diagnosis or treatment.” Id. at 284 , 523 S.E.2d at 667 . | 1 | 2005–2005 |
State v. Johnson
green
1 sentence2004See Fowler, 353 N.C. at 617 , 548 S.E.2d at 698 ; Johnson, 161 N.C. | 1 | 2004–2004 |
Nauss v. Morgan, Superintendent, State Correctional Institution at Smithfield
green
1 sentence2003Id. | 1 | 2003–2003 |
State v. Frazier
green
1 sentence2002Id. | 1 | 2002–2002 |
State v. Ray
green
1 sentence1994Id. | 1 | 1994–1994 |
United Buying Group, Inc. v. Coleman
green
1 sentence1993Id. | 1 | 1993–1993 |
Godwin Sprayers, Inc. v. Utica Mutual Insurance
neutral
1 sentence1990Godwin Sprayers, 59 N.C. | 1 | 1990–1990 |
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.