18 North Carolina opinions name it 2 courts 1993–2021 2 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. Tunstallgreen2 sentences2021However, regardless of the nature of the motion to continue, whether constitutional or not, a denial of a motion to continue is “grounds for a new trial only upon a showing by [the] defendant that the denial was erroneous and that [ ]his case was prejudiced thereby.” Id. ¶ 15 “If the defendant shows that the time allowed his counsel to prepare for trial was constitutionally inadequate, he is entitled to a new trial unless the State shows that the error was harmless beyond a reasonable doubt.” State v. Tunstall, 334 N.C. 320, 329 (1993); see N.C.G.S. § 15A-1443(b) (2019) (“A violation of the de 2021However, regardless of the nature of the motion to continue, whether constitutional or not, a denial of a motion to continue is “grounds for a new trial only upon a showing by [the] defendant that the denial was erroneous and that [ ]his case was prejudiced thereby.” Id. ¶ 15 “If the defendant shows that the time allowed his counsel to prepare for trial was constitutionally inadequate, he is entitled to a new trial unless the State shows that the error was harmless beyond a reasonable doubt.” State v. Tunstall, 334 N.C. 320, 329 (1993); see N.C.G.S. § 15A-1443(b) (2019) (“A violation of the de | 4 | 5 |
State v. Bishopgreen2 sentences2012State v. Bishop, 346 N.C. 365, 385 , 488 S.E.2d 769, 779 (1997) (“However, even when a defendant objects, this constitutional error will not merit a new trial where the State shows that the error was harmless beyond a reasonable doubt.”). 2012State v. Bishop, 346 N.C. 365, 385 , 488 S.E.2d 769, 779 (1997) (“However, even when a defendant objects, this constitutional error will not merit a new trial where the State shows that the error was harmless beyond a reasonable doubt.”). | 2 | 2 |
State v. Gardnergreen2 sentences1997State v. Gardner, 322 N.C. 591, 594 , 369 S.E.2d 593, 596 (1988); see also State v. Tunstall, 334 N.C. 320, 328-29 , 432 S.E.2d 331, 336-37 (1993). 1997State v. Gardner, 322 N.C. 591, 594 , 369 S.E.2d 593, 596 (1988); see also State v. Tunstall, 334 N.C. 320, 328-29 , 432 S.E.2d 331, 336-37 (1993). | 2 | 2 |
State v. Tolleygreen2 sentences2002Our Supreme Court has stated that: Continuances should not be granted unless the reasons for the delay are fully established. “[A] motion for a continuance should be supported by an affidavit showing sufficient grounds for the continuance.” State v. Kuplen, 316 N.C. 387, 403 , 343 S.E.2d 793, 802 (1986). “ ‘[A] postponement is proper if *495 there is a belief that material evidence will come to light and such belief is reasonably grounded on known facts.’ ” State v. Tolley, 290 N.C. 349, 357 , 226 S.E.2d 353, 362 (1976) (quoting State v. Gibson, 229 N.C. 497, 502 , 50 S.E.2d 520, 524 (1948)) ( 2002Our Supreme Court has stated that: Continuances should not be granted unless the reasons for the delay are fully established. “[A] motion for a continuance should be supported by an affidavit showing sufficient grounds for the continuance.” State v. Kuplen, 316 N.C. 387, 403 , 343 S.E.2d 793, 802 (1986). “ ‘[A] postponement is proper if *495 there is a belief that material evidence will come to light and such belief is reasonably grounded on known facts.’ ” State v. Tolley, 290 N.C. 349, 357 , 226 S.E.2d 353, 362 (1976) (quoting State v. Gibson, 229 N.C. 497, 502 , 50 S.E.2d 520, 524 (1948)) ( | 1 | 1 |
State v. . Gibsongreen2 sentences2002Our Supreme Court has stated that: Continuances should not be granted unless the reasons for the delay are fully established. “[A] motion for a continuance should be supported by an affidavit showing sufficient grounds for the continuance.” State v. Kuplen, 316 N.C. 387, 403 , 343 S.E.2d 793, 802 (1986). “ ‘[A] postponement is proper if *495 there is a belief that material evidence will come to light and such belief is reasonably grounded on known facts.’ ” State v. Tolley, 290 N.C. 349, 357 , 226 S.E.2d 353, 362 (1976) (quoting State v. Gibson, 229 N.C. 497, 502 , 50 S.E.2d 520, 524 (1948)) ( 2002Our Supreme Court has stated that: Continuances should not be granted unless the reasons for the delay are fully established. “[A] motion for a continuance should be supported by an affidavit showing sufficient grounds for the continuance.” State v. Kuplen, 316 N.C. 387, 403 , 343 S.E.2d 793, 802 (1986). “ ‘[A] postponement is proper if *495 there is a belief that material evidence will come to light and such belief is reasonably grounded on known facts.’ ” State v. Tolley, 290 N.C. 349, 357 , 226 S.E.2d 353, 362 (1976) (quoting State v. Gibson, 229 N.C. 497, 502 , 50 S.E.2d 520, 524 (1948)) ( | 1 | 1 |
State v. Kuplengreen2 sentences2002Our Supreme Court has stated that: Continuances should not be granted unless the reasons for the delay are fully established. “[A] motion for a continuance should be supported by an affidavit showing sufficient grounds for the continuance.” State v. Kuplen, 316 N.C. 387, 403 , 343 S.E.2d 793, 802 (1986). “ ‘[A] postponement is proper if *495 there is a belief that material evidence will come to light and such belief is reasonably grounded on known facts.’ ” State v. Tolley, 290 N.C. 349, 357 , 226 S.E.2d 353, 362 (1976) (quoting State v. Gibson, 229 N.C. 497, 502 , 50 S.E.2d 520, 524 (1948)) ( 2002Our Supreme Court has stated that: Continuances should not be granted unless the reasons for the delay are fully established. “[A] motion for a continuance should be supported by an affidavit showing sufficient grounds for the continuance.” State v. Kuplen, 316 N.C. 387, 403 , 343 S.E.2d 793, 802 (1986). “ ‘[A] postponement is proper if *495 there is a belief that material evidence will come to light and such belief is reasonably grounded on known facts.’ ” State v. Tolley, 290 N.C. 349, 357 , 226 S.E.2d 353, 362 (1976) (quoting State v. Gibson, 229 N.C. 497, 502 , 50 S.E.2d 520, 524 (1948)) ( | 1 | 1 |
State v. Mahergreen2 sentences1993State v. Gardner, 322 N.C. 591, 594 , 369 S.E.2d 593, 594 (1988); see also State v. Maher, 305 N.C. 544, 550 , 290 S.E.2d 694, 697 (1982) (plurality opinion). *330 In State v. McFadden, this Court held that the denial of a defendant’s motion for a continuance violated his constitutional right to the effective assistance of counsel because the defendant and his counsel were permitted inadequate time to prepare for trial. 292 N.C. at 616 , 234 S.E.2d at 747 . 1993State v. Gardner, 322 N.C. 591, 594 , 369 S.E.2d 593, 594 (1988); see also State v. Maher, 305 N.C. 544, 550 , 290 S.E.2d 694, 697 (1982) (plurality opinion). *330 In State v. McFadden, this Court held that the denial of a defendant’s motion for a continuance violated his constitutional right to the effective assistance of counsel because the defendant and his counsel were permitted inadequate time to prepare for trial. 292 N.C. at 616 , 234 S.E.2d at 747 . | 1 | 1 |
State v. McFaddengreen2 sentences1993State v. Gardner, 322 N.C. 591, 594 , 369 S.E.2d 593, 594 (1988); see also State v. Maher, 305 N.C. 544, 550 , 290 S.E.2d 694, 697 (1982) (plurality opinion). *330 In State v. McFadden, this Court held that the denial of a defendant’s motion for a continuance violated his constitutional right to the effective assistance of counsel because the defendant and his counsel were permitted inadequate time to prepare for trial. 292 N.C. at 616 , 234 S.E.2d at 747 . 1993State v. Gardner, 322 N.C. 591, 594 , 369 S.E.2d 593, 594 (1988); see also State v. Maher, 305 N.C. 544, 550 , 290 S.E.2d 694, 697 (1982) (plurality opinion). *330 In State v. McFadden, this Court held that the denial of a defendant’s motion for a continuance violated his constitutional right to the effective assistance of counsel because the defendant and his counsel were permitted inadequate time to prepare for trial. 292 N.C. at 616 , 234 S.E.2d at 747 . | 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. Barlowe
green
2 sentences2020Because “the error amounts to a violation of defendant’s constitutional rights, it is prejudicial unless the State shows the error was harmless beyond a reasonable doubt.” Barlowe, 157 N.C. 2020Because “the error amounts to a violation of defendant’s constitutional rights, it is prejudicial unless the State shows the error was harmless beyond a reasonable doubt.” Barlowe, 157 N.C. | 6 | 2007–2020 |
State v. Searles
green
2 sentences2021However, regardless of the nature of the motion to continue, whether constitutional or not, a denial of a motion to continue is “grounds for a new trial only upon a showing by [the] defendant that the denial was erroneous and that [ ]his case was prejudiced thereby.” Id. ¶ 15 “If the defendant shows that the time allowed his counsel to prepare for trial was constitutionally inadequate, he is entitled to a new trial unless the State shows that the error was harmless beyond a reasonable doubt.” State v. Tunstall, 334 N.C. 320, 329 (1993); see N.C.G.S. § 15A-1443(b) (2019) (“A violation of the de 2021However, regardless of the nature of the motion to continue, whether constitutional or not, a denial of a motion to continue is “grounds for a new trial only upon a showing by [the] defendant that the denial was erroneous and that [ ]his case was prejudiced thereby.” Id. ¶ 15 “If the defendant shows that the time allowed his counsel to prepare for trial was constitutionally inadequate, he is entitled to a new trial unless the State shows that the error was harmless beyond a reasonable doubt.” State v. Tunstall, 334 N.C. 320, 329 (1993); see N.C.G.S. § 15A-1443(b) (2019) (“A violation of the de | 2 | 2021–2021 |
State v. Barlowe
green
2 sentences2015"If the error amounts to a violation of defendant's constitutional rights, it is prejudicial unless the State shows the error was harmless beyond a reasonable doubt." State v. Barlowe, 157 N.C.App. 249 , 253, 578 S.E.2d 660 , 662-63, writ denied, review denied, 357 N.C. 462 , 586 S.E.2d 100 (2003). 2007"If the error amounts to a violation of defendant's constitutional rights, it is prejudicial unless the State shows the error was harmless beyond a reasonable doubt." State v. Barlowe, 157 N.C.App. 249, 253 , 578 S.E.2d 660, 662-63 , disc. rev. denied, 357 N.C. 462 , 586 S.E.2d 100 (2003). | 2 | 2007–2015 |
Williams v. United States
green
1 sentence2002“The court’s failure to give a curative instruction after such a reference does not warrant a reversal, however, if the State shows that the error was harmless beyond a reasonable doubt.” State v. Larry, 345 N.C. 497, 524 , 481 S.E.2d 907, 923 , cert. denied, 522 U.S. 917 , 139 L. | 1 | 2002–2002 |
State v. Beck
green
1 sentence2002“If defendant demonstrates that the denial of a motion for continuance was erroneous and that the error was a constitutional violation, defendant is entitled to a new trial unless the State shows that the error was harmless beyond a reasonable doubt.” Id. | 1 | 2002–2002 |
State v. Larry
green
2 sentences2002“The court’s failure to give a curative instruction after such a reference does not warrant a reversal, however, if the State shows that the error was harmless beyond a reasonable doubt.” State v. Larry, 345 N.C. 497, 524 , 481 S.E.2d 907, 923 , cert. denied, 522 U.S. 917 , 139 L. 2002“The court’s failure to give a curative instruction after such a reference does not warrant a reversal, however, if the State shows that the error was harmless beyond a reasonable doubt.” State v. Larry, 345 N.C. 497, 524 , 481 S.E.2d 907, 923 , cert. denied, 522 U.S. 917 , 139 L. | 1 | 2002–2002 |
State v. Brogden
green
2 sentences1999Brogden, 329 N.C. 534 , 407 S.E.2d 158 . 1999Brogden, 329 N.C. 534 , 407 S.E.2d 158 . | 1 | 1999–1999 |
State v. Bozeman
green
1 sentence1995State v. Swindler, 339 N.C. 469 , 450 S.E.2d 907 (1994); State v. Bozeman, 115 N.C. | 1 | 1995–1995 |
State v. Swindler
green
2 sentences1995State v. Swindler, 339 N.C. 469 , 450 S.E.2d 907 (1994); State v. Bozeman, 115 N.C. 1995State v. Swindler, 339 N.C. 469 , 450 S.E.2d 907 (1994); State v. Bozeman, 115 N.C. | 1 | 1995–1995 |
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.