severity violation (North Carolina) · Go Syfert
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severity violation in North Carolina

19 North Carolina opinions name it 2 courts 1975–2021 6 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 (4)

CaseFollowedCited
Wetherington v. North Carolina Department of Public Safetygreen
nc · 2015 · cited in 8 North Carolina opinions naming this issue, 2016–2021
2 sentences

2021NC DEP’T OF AGRIC. & CONSUMER SERVS. 2021-NCCOA-561 Opinion of the Court include: “the severity of the violation, the subject matter involved, the resulting harm, the [employee]’s work history, or discipline imposed in other cases involving similar violations.” Wetherington I, 368 N.C. at 592 , 780 S.E.2d at 548 .

2021NC DEP’T OF AGRIC. & CONSUMER SERVS. 2021-NCCOA-561 Opinion of the Court include: “the severity of the violation, the subject matter involved, the resulting harm, the [employee]’s work history, or discipline imposed in other cases involving similar violations.” Wetherington I, 368 N.C. at 592 , 780 S.E.2d at 548 .

38
State v. Goldergreen
ncctapp · 2018 · cited in 2 North Carolina opinions naming this issue, 2020–2020
2 sentences

2020See Golder, 257 N.C.

2020See Golder, 257 N.C.

22
Dogwood Development & Management Co. LLC v. White Oak Transport Co.green
nc · 2008 · cited in 3 North Carolina opinions naming this issue, 2010–2021
2 sentences

2010To determine the severity of the rule violation, this Court is to consider: “[(1)] whether and to what extent the noncompliance impairs the court’s task of review[,] [(2)] ... whether and to what extent review on the merits would frustrate the adversarial process . . . [, and (3)] [t]he court may also consider the number of rules violated[.]” Id. at 200 , 657 S.E.2d at 366-67 (citations omitted).

2010To determine the severity of the rule violation, this Court is to consider: “[(1)] whether and to what extent the noncompliance impairs the court’s task of review[,] [(2)] ... whether and to what extent review on the merits would frustrate the adversarial process . . . [, and (3)] [t]he court may also consider the number of rules violated[.]” Id. at 200 , 657 S.E.2d at 366-67 (citations omitted).

13
North Carolina Department of Environment & Natural Resources v. Carrollgreen
nc · 2004 · cited in 1 North Carolina opinions naming this issue, 2016–2016
2 sentences

2016We emphasize that consideration of these factors is an appropriate and *209 necessary component of a decision to impose discipline upon a career State employee[.] Wetherington , --- N.C. at ----, 780 S.E.2d at 548 (quoting Carroll , 358 N.C. at 669 , 599 S.E.2d at 900-901 (internal quotation omitted)) (emphasis added).

2016We emphasize that consideration of these factors is an appropriate and *209 necessary component of a decision to impose discipline upon a career State employee[.] Wetherington , --- N.C. at ----, 780 S.E.2d at 548 (quoting Carroll , 358 N.C. at 669 , 599 S.E.2d at 900-901 (internal quotation omitted)) (emphasis added).

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 (5)

CaseCitedYears
Beazell v. Ohio green
scotus · 1925
2 sentences

2020RAMSEUR Opinion of the Court Rather, by retroactively eliminating the RJA’s substantive claim and its accompanying relief, the RJA Repeal increases the severity of the standard of punishment attached to the crime of first-degree murder and deprives defendant of a defense to the “nature or amount of the punishment imposed for its commission.” Collins, 497 U.S. at 50 (quoting Beazell, 269 U.S. at 169–70).

2020RAMSEUR Opinion of the Court Rather, by retroactively eliminating the RJA’s substantive claim and its accompanying relief, the RJA Repeal increases the severity of the standard of punishment attached to the crime of first-degree murder and deprives defendant of a defense to the “nature or amount of the punishment imposed for its commission.” Collins, 497 U.S. at 50 (quoting Beazell, 269 U.S. at 169–70).

32020–2020
Collins v. Youngblood green
scotus · 1990
2 sentences

2020RAMSEUR Opinion of the Court Rather, by retroactively eliminating the RJA’s substantive claim and its accompanying relief, the RJA Repeal increases the severity of the standard of punishment attached to the crime of first-degree murder and deprives defendant of a defense to the “nature or amount of the punishment imposed for its commission.” Collins, 497 U.S. at 50 (quoting Beazell, 269 U.S. at 169–70).

2020RAMSEUR Opinion of the Court Rather, by retroactively eliminating the RJA’s substantive claim and its accompanying relief, the RJA Repeal increases the severity of the standard of punishment attached to the crime of first-degree murder and deprives defendant of a defense to the “nature or amount of the punishment imposed for its commission.” Collins, 497 U.S. at 50 (quoting Beazell, 269 U.S. at 169–70).

32020–2020
United States v. Goodwin green
scotus · 1982
2 sentences

2021Indeed, the Court in Goodwin reaffirmed the long-standing principle that, “[g]iven the severity of such a presumption . . . the Court has done so only in cases in which a reasonable likelihood of vindictiveness exists.” Id. at 373 .

2021Indeed, the Court in Goodwin reaffirmed the long-standing principle that, “[g]iven the severity of such a presumption . . . the Court has done so only in cases in which a reasonable likelihood of vindictiveness exists.” Id. at 373 .

22021–2021
Conley Ex Rel. Conley v. Pearce-Young-Angel Co. green
nc · 1944
2 sentences

1975Aldridge v. Hasty, 240 N.C. 353 , 82 S.E.2d 331 ; Conley v. Pierce-Young-Angel Co., 224 N.C. 211 , 29 S.E.2d 740 .

1975Aldridge v. Hasty, 240 N.C. 353 , 82 S.E.2d 331 ; Conley v. Pierce-Young-Angel Co., 224 N.C. 211 , 29 S.E.2d 740 .

11975–1975
Aldridge Ex Rel. Aldridge v. Hasty green
nc · 1954
2 sentences

1975Aldridge v. Hasty, 240 N.C. 353 , 82 S.E.2d 331 ; Conley v. Pierce-Young-Angel Co., 224 N.C. 211 , 29 S.E.2d 740 .

1975Aldridge v. Hasty, 240 N.C. 353 , 82 S.E.2d 331 ; Conley v. Pierce-Young-Angel Co., 224 N.C. 211 , 29 S.E.2d 740 .

11975–1975

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 126-35 (8) NC § N.C. Gen. Stat. § 150B-51 (7) NC § N.C. Gen. Stat. § 150B-29 (6) NC § N.C. Gen. Stat. § 126-34.02 (4) NC § N.C. Gen. Stat. § 1-2 (3) NC § N.C. Gen. Stat. § 15A-1411 (3) NC § N.C. Gen. Stat. § 15A-1417 (3) NC § N.C. Gen. Stat. § 15A-2000 (3) NC § N.C. Gen. Stat. § 15A-952 (3) NC § N.C. Gen. Stat. § 7A-25 (3) NC § N.C. Gen. Stat. § 7A-32 (3) NC § N.C. Gen. Stat. § 7A-450 (3)

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

KY 31 (1979–2026) OH 27 (1905–2026) NC 19 (1975–2021) IL 19 (1883–2024) NY 13 (1888–2007) DC 13 (1987–2023) CA 10 (2013–2025) PA 8 (1915–2024) TX 7 (1993–2018) FL 6 (1990–2018) IA 6 (1970–2026) MO 5 (1987–2018) MA 5 (1902–2023) IN 4 (1937–2026) CO 4 (1941–2015) NM 4 (1994–2017) MD 4 (1961–2017) UT 4 (2000–2018) RI 3 (1996–2004) MT 3 (2010–2010) GA 3 (1989–1995) TN 3 (2009–2012) OK 3 (1998–2015) OR 3 (1982–2022) WA 2 (2006–2006) ID 2 (1905–2005) LA 2 (1976–1993) MI 2 (1853–2022) CT 2 (1992–1995) WI 2 (2002–2004) MN 2 (1890–2017)

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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