18 North Carolina opinions name it 2 courts 1973–2022 5 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. Smithgreen2 sentences2002Further, the lack of an exception or assignment of error addressed to the issue attempted to be raised is a fatal defect.” State v. Smith, 50 N.C. 1998Further, the lack of an exception or assignment of error addressed to the issue attempted to be raised is a fatal defect.” State v. Smith, 50 N.C. | 2 | 2 |
State v. Lowegreen1 sentence2018See State v. Lowe , 150 N.C. | 1 | 1 |
United States v. Milton L. McCaskillgreen1 sentence1996Defendant, therefore, contends that the lack of an instruction defining “sexual offense” constituted “plain error.” We disagree. *221 “ ‘[T]he plain error rule ... is always to be applied cautiously,’ ” State v. Odom, 307 N.C. 655, 660 , 300 S.E.2d 375, 378 (1983) (quoting United States v. McCaskill, 676 F.2d 995, 1002 (4th Cir.), cert. denied, 459 U.S. 1018 , 74 L. | 1 | 1 |
Henderson v. Kibbegreen2 sentences1996Ed. 2d 513 (1982)), and “[i]t is the rare case in which an improper instruction will justify reversal of a criminal conviction when no objection has been made in the trial court,” Henderson v. Kibbe, 431 U.S. 145, 154 , 52 L. 1996Ed. 2d 513 (1982)), and “[i]t is the rare case in which an improper instruction will justify reversal of a criminal conviction when no objection has been made in the trial court,” Henderson v. Kibbe, 431 U.S. 145, 154 , 52 L. | 1 | 1 |
State v. Gaitengreen2 sentences1976In State v. Gaiten, 277 N.C. 236, 239 , 176 S.E. 2d 778, 781 (1970), we held: “ . . . [A] defendant may waive the benefit of statutory or constitutional provisions by express consent, failure to assert it in apt time, or by conduct inconsistent with a purpose to insist upon it. [Citations omitted.]” A corollary to this rule is that, generally, in order for an appellant to assert a constitutional or statutory right in the appellate courts, the right must have been asserted and the issue raised before the trial court. 1976In State v. Gaiten, 277 N.C. 236, 239 , 176 S.E. 2d 778, 781 (1970), we held: “ . . . [A] defendant may waive the benefit of statutory or constitutional provisions by express consent, failure to assert it in apt time, or by conduct inconsistent with a purpose to insist upon it. [Citations omitted.]” A corollary to this rule is that, generally, in order for an appellant to assert a constitutional or statutory right in the appellate courts, the right must have been asserted and the issue raised before the trial court. | 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 |
|---|---|---|
In re D.E.G.
green
2 sentences2022In re D.E.G., 228 N.C. 2022In re D.E.G., 228 N.C. | 3 | 2022–2022 |
State v. Sanders
green
2 sentences2021In this respect, although the dissent professes that it understands the difference between “substantially similar” and identicalness, nonetheless it appears that the dissent is so ensnared and engulfed by a need to see a mirrored reflection mutually cast between the two statutes that the dissent is compelled to promote this erroneously expansive approach. ¶ 13 With our agreement with the view of the Court of Appeals that the trial court did not err in finding that the two offenses which the Georgia statute and the North Carolina statute respectively proscribed were substantially similar, this 2021In this respect, although the dissent professes that it understands the difference between “substantially similar” and identicalness, nonetheless it appears that the dissent is so ensnared and engulfed by a need to see a mirrored reflection mutually cast between the two statutes that the dissent is compelled to promote this erroneously expansive approach. ¶ 13 With our agreement with the view of the Court of Appeals that the trial court did not err in finding that the two offenses which the Georgia statute and the North Carolina statute respectively proscribed were substantially similar, this | 2 | 2021–2021 |
State v. Edmonds
green
2 sentences2020In State v. Edmonds, this Court found a trial court’s failure to personally address a defendant to be harmless error, because the defendant had failed to put on mitigating evidence contesting the sole aggravating factor. 236 N.C. 2020In State v. Edmonds, this Court found a trial court’s failure to personally address a defendant to be harmless error, because the defendant had failed to put on mitigating evidence contesting the sole aggravating factor. 236 N.C. | 2 | 2020–2020 |
State v. Odom
green
2 sentences1996Defendant, therefore, contends that the lack of an instruction defining “sexual offense” constituted “plain error.” We disagree. *221 “ ‘[T]he plain error rule ... is always to be applied cautiously,’ ” State v. Odom, 307 N.C. 655, 660 , 300 S.E.2d 375, 378 (1983) (quoting United States v. McCaskill, 676 F.2d 995, 1002 (4th Cir.), cert. denied, 459 U.S. 1018 , 74 L. 1996Defendant, therefore, contends that the lack of an instruction defining “sexual offense” constituted “plain error.” We disagree. *221 “ ‘[T]he plain error rule ... is always to be applied cautiously,’ ” State v. Odom, 307 N.C. 655, 660 , 300 S.E.2d 375, 378 (1983) (quoting United States v. McCaskill, 676 F.2d 995, 1002 (4th Cir.), cert. denied, 459 U.S. 1018 , 74 L. | 2 | 1990–1996 |
Locklear v. . Savage
green
2 sentences1986Newkirk v. Porter, 237 N.C. 115 , 74 S.E.2d 235 ; Locklear v. Savage, 159 N.C. 236 , 74 S.E. 347 . 1986Newkirk v. Porter, 237 N.C. 115 , 74 S.E.2d 235 ; Locklear v. Savage, 159 N.C. 236 , 74 S.E. 347 . | 2 | 1973–1986 |
Newkirk v. Porter
green
2 sentences1986Newkirk v. Porter, 237 N.C. 115 , 74 S.E.2d 235 ; Locklear v. Savage, 159 N.C. 236 , 74 S.E. 347 . 1986Newkirk v. Porter, 237 N.C. 115 , 74 S.E.2d 235 ; Locklear v. Savage, 159 N.C. 236 , 74 S.E. 347 . | 2 | 1973–1986 |
In Re Wright
green
2 sentences2016We held that the respondents had failed to demonstrate that the lack of a hearing transcript prejudiced them given that it was "apparent from the pleadings and assignments of error that [the appellants'] reliance from the outset has been on the unconstitutionality of the statutes proceeded under, rather than on any evidence of their's or any weakness in the petitioner's evidence." Id. at 138 , 306 S.E.2d at 827 . *21 Thus, the issues raised by the appellants in Wright were unrelated to the substance of the evidence actually presented at the hearing. 2016We held that the respondents had failed to demonstrate that the lack of a hearing transcript prejudiced them given that it was "apparent from the pleadings and assignments of error that [the appellants'] reliance from the outset has been on the unconstitutionality of the statutes proceeded under, rather than on any evidence of their's or any weakness in the petitioner's evidence." Id. at 138 , 306 S.E.2d at 827 . *21 Thus, the issues raised by the appellants in Wright were unrelated to the substance of the evidence actually presented at the hearing. | 1 | 2016–2016 |
Bonnilyn Mascio v. Carolyn Colvin
green
1 sentence2016The court stated that "[n]owhere ... does the ALJ explain how he decided which of [the claimant's] statements to believe and which to discredit, other than the vague (and circular) boilerplate statement that he did not believe any claims of limitations beyond what he found when considering [the claimant's] residual functional capacity." Id. at 640 . | 1 | 2016–2016 |
Dean v. United States
green
1 sentence1996Defendant, therefore, contends that the lack of an instruction defining “sexual offense” constituted “plain error.” We disagree. *221 “ ‘[T]he plain error rule ... is always to be applied cautiously,’ ” State v. Odom, 307 N.C. 655, 660 , 300 S.E.2d 375, 378 (1983) (quoting United States v. McCaskill, 676 F.2d 995, 1002 (4th Cir.), cert. denied, 459 U.S. 1018 , 74 L. | 1 | 1996–1996 |
McCoy v. Bordenkircher
green
1 sentence1996Defendant, therefore, contends that the lack of an instruction defining “sexual offense” constituted “plain error.” We disagree. *221 “ ‘[T]he plain error rule ... is always to be applied cautiously,’ ” State v. Odom, 307 N.C. 655, 660 , 300 S.E.2d 375, 378 (1983) (quoting United States v. McCaskill, 676 F.2d 995, 1002 (4th Cir.), cert. denied, 459 U.S. 1018 , 74 L. | 1 | 1996–1996 |
State v. Woods
green
1 sentence1983Id. | 1 | 1983–1983 |
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.