18 North Carolina opinions name it 2 courts 1994–2026 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.
| Case | Followed | Cited |
|---|---|---|
State v. McKinnongreen2 sentences2017The trial court is not, however, obligated to give a lesser-included instruction if there is "no evidence giving rise to a reasonable inference to dispute the State's contention[s]...." State v. McKinnon , 306 N.C. 288 , 301, 293 S.E.2d 118 , 127 (1982). 2017The trial court is not, however, obligated to give a lesser-included instruction if there is "no evidence giving rise to a reasonable inference to dispute the State's contention[s]...." State v. McKinnon , 306 N.C. 288 , 301, 293 S.E.2d 118 , 127 (1982). | 3 | 4 |
State v. Hamiltongreen2 sentences2014“The trial court is not . . . obligated to give a lesser included instruction if there is no evidence giving rise to a reasonable inference to dispute the State’s contention.” State v. Hamilton, 132 N.C. 2002Defendant failed to request either of these instructions during the charge conference, nor did he object to the court’s instructions on assault; thus, we review for plain error.' While it is generally true that a trial court must instruct on a lesser included offense where supported by the evidence, “[t]he trial court is not, however, obligated to give a lesser included instruction if there is ‘no evidence giving rise to a reasonable inference to dispute the State’s contention.’ ” State v. Hamilton, 132 N.C. | 2 | 2 |
State v. Lucasgreen2 sentences2017State v. Covington , --- N.C.App. ----, ----, 788 S.E.2d 671 , 675 (2016) (citation omitted). *507 Our prior caselaw makes clear that "[t]he trial court is not obligated to give a lesser included instruction if there is no evidence giving rise to a reasonable inference to dispute the State's contention." State v. Lucas , 234 N.C.App. 247 , 256, 758 S.E.2d 672 , 679 (2014) (citation, quotation marks, and ellipses omitted). 2017State v. Covington , --- N.C.App. ----, ----, 788 S.E.2d 671 , 675 (2016) (citation omitted). *507 Our prior caselaw makes clear that "[t]he trial court is not obligated to give a lesser included instruction if there is no evidence giving rise to a reasonable inference to dispute the State's contention." State v. Lucas , 234 N.C.App. 247 , 256, 758 S.E.2d 672 , 679 (2014) (citation, quotation marks, and ellipses omitted). | 1 | 4 |
State v. Clevingergreen2 sentences2025“If . . . the State’s evidence is clear and positive with respect to each element of the offense charged and there is no evidence showing the commission of the lesser included offense, it is not error for the trial judge to refuse to instruct the jury on the lesser offense.” State v. Clevenger, 249 N.C. 2019App at ----, 791 S.E.2d at 256 . ("On the facts of this case, therefore, defendant was not entitled to a lesser-included instruction for common law robbery: he was either guilty of robbing the SBC by the threatened use of the chef's knife, or he was not guilty at all."). *588 IV. | 1 | 2 |
State v. Leazergreen2 sentences2017"Where no lesser included offense exists, a lesser included offense instruction detracts from, rather than enhances, the rationality of the process." State v. Leazer , 353 N.C. 234 , 237, 539 S.E.2d 922 , 924 (2000) (citation and quotation marks omitted). 2017"Where no lesser included offense exists, a lesser included offense instruction detracts from, rather than enhances, the rationality of the process." State v. Leazer , 353 N.C. 234 , 237, 539 S.E.2d 922 , 924 (2000) (citation and quotation marks omitted). | 1 | 2 |
State v. Fletchergreen2 sentences2016See State v. Fletcher , 264 N.C. 482 , 485, 141 S.E.2d 873 , 875 (1965) ; Rowland , 89 N.C.App. at 379 , 366 S.E.2d at 554 . 2016See State v. Fletcher , 264 N.C. 482 , 485, 141 S.E.2d 873 , 875 (1965) ; Rowland , 89 N.C.App. at 379 , 366 S.E.2d at 554 . | 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 |
|---|---|---|
State v. DeBiase
green
2 sentences2022Based upon the jury finding beyond a reasonable doubt that this offense was especially heinous, atrocious, or cruel as an aggravating factor, it appears clear the verdict would not have been different had the trial judge given the lesser included involuntary manslaughter instruction. ¶ 40 “Involuntary manslaughter, which is a lesser included offense of second degree murder, is the unlawful killing of a human being without malice, without premeditation and deliberation, and without intention to kill or inflict serious bodily injury.” State v. Debiase, 211 N.C. 2022The majority correctly writes that in Debiase, we decided, when viewing the evidence in the light most favorable to the defendant, “[the] [d]efendant did not know and had no reason to believe that the bottle would break or that the breaking of the bottle would inflict a fatal wound to [the victim’s] neck.” Id. at 506 , 711 S.E.2d at 442 . | 2 | 2022–2022 |
State v. Covington
green
1 sentence2017State v. Covington , --- N.C.App. ----, ----, 788 S.E.2d 671 , 675 (2016) (citation omitted). *507 Our prior caselaw makes clear that "[t]he trial court is not obligated to give a lesser included instruction if there is no evidence giving rise to a reasonable inference to dispute the State's contention." State v. Lucas , 234 N.C.App. 247 , 256, 758 S.E.2d 672 , 679 (2014) (citation, quotation marks, and ellipses omitted). | 1 | 2017–2017 |
State v. Rowland
green
2 sentences2016See State v. Fletcher , 264 N.C. 482 , 485, 141 S.E.2d 873 , 875 (1965) ; Rowland , 89 N.C.App. at 379 , 366 S.E.2d at 554 . 2016See State v. Fletcher , 264 N.C. 482 , 485, 141 S.E.2d 873 , 875 (1965) ; Rowland , 89 N.C.App. at 379 , 366 S.E.2d at 554 . | 1 | 2016–2016 |
State v. Mangum
green
2 sentences2015Since the State presented evidence not only that defendant was the perpetrator, but that he possessed the requisite intent to commit larceny within Little's residence, the State presented sufficient evidence showing that the unlawful breaking or entering was done with the intent to commit felonious larceny, Mangum, 158 N.C.App. at 196 , 580 S.E.2d at 756 , and the trial court therefore was "not obligated to give a lesser included instruction if there [was] no evidence giving rise to a reasonable inference to dispute the State's contention." Lucas, --- N.C.App. at ----, 758 S.E.2d at 679. 2015Since the State presented evidence not only that defendant was the perpetrator, but that he possessed the requisite intent to commit larceny within Little's residence, the State presented sufficient evidence showing that the unlawful breaking or entering was done with the intent to commit felonious larceny, Mangum, 158 N.C.App. at 196 , 580 S.E.2d at 756 , and the trial court therefore was "not obligated to give a lesser included instruction if there [was] no evidence giving rise to a reasonable inference to dispute the State's contention." Lucas, --- N.C.App. at ----, 758 S.E.2d at 679. | 1 | 2015–2015 |
State v. Mitchell
green
1 sentence2015“The essential elements of felonious breaking or entering are (1) the breaking or entering (2) of any building (3) with the intent to commit any felony or larceny therein.” State v. Mitchell, 109 N.C. | 1 | 2015–2015 |
Pendergraft v. Pendergraft
green
1 sentence1995Id. at 375-376, 208 S.E.2d 887 . | 1 | 1995–1995 |
Schad v. Arizona
green
2 sentences1994He argues that Beck v. Alabama, 447 U.S. 625 , 100 S.Ct. 2382 , 65 L.Ed.2d 392 (1980), and Schad v. Arizona, 501 U.S. 624 , 111 S.Ct. 2491 , 115 L.Ed.2d 555 (1991), stand for the proposition that a lesser included instruction was required in this case. 1994He argues that Beck v. Alabama, 447 U.S. 625 , 100 S.Ct. 2382 , 65 L.Ed.2d 392 (1980), and Schad v. Arizona, 501 U.S. 624 , 111 S.Ct. 2491 , 115 L.Ed.2d 555 (1991), stand for the proposition that a lesser included instruction was required in this case. | 1 | 1994–1994 |
Beck v. Alabama
green
2 sentences1994He argues that Beck v. Alabama, 447 U.S. 625 , 100 S.Ct. 2382 , 65 L.Ed.2d 392 (1980), and Schad v. Arizona, 501 U.S. 624 , 111 S.Ct. 2491 , 115 L.Ed.2d 555 (1991), stand for the proposition that a lesser included instruction was required in this case. 1994He argues that Beck v. Alabama, 447 U.S. 625 , 100 S.Ct. 2382 , 65 L.Ed.2d 392 (1980), and Schad v. Arizona, 501 U.S. 624 , 111 S.Ct. 2491 , 115 L.Ed.2d 555 (1991), stand for the proposition that a lesser included instruction was required in this case. | 1 | 1994–1994 |
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.