17 North Carolina opinions name it 2 courts 1976–2023 3 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. Weavergreen2 sentences2021App. 413 , 415–16, 371 S.E.2d 759, 760 (1988). [T]he process resembles “pigeonholing” as the statutes supply the trial judge with the step-by-step formula; i.e., to review the evidence, to determine whether the evidence supports the factors listed in gross aggravation, aggravation, or mitigation, to weigh the factors supported by the evidence, and to determine the level of punishment. 2021App. 413 , 415–16, 371 S.E.2d 759, 760 (1988). [T]he process resembles “pigeonholing” as the statutes supply the trial judge with the step-by-step formula; i.e., to review the evidence, to determine whether the evidence supports the factors listed in gross aggravation, aggravation, or mitigation, to weigh the factors supported by the evidence, and to determine the level of punishment. | 2 | 2 |
State v. Leegreen2 sentences2020CORBETT & MARTENS Opinion of the Court [the] defendant’s evidence.” State v. Dooley, 285 N.C. 158, 163 , 203 S.E.2d 815, 818 (1974); see also Lee, 370 N.C. at 677 , 811 S.E.2d at 568 (Martin, C.J., concurring) (asserting that the principle articulated in Dooley “should apply equally to defense of another” where the evidence supports such an instruction). 2020CORBETT & MARTENS Opinion of the Court [the] defendant’s evidence.” State v. Dooley, 285 N.C. 158, 163 , 203 S.E.2d 815, 818 (1974); see also Lee, 370 N.C. at 677 , 811 S.E.2d at 568 (Martin, C.J., concurring) (asserting that the principle articulated in Dooley “should apply equally to defense of another” where the evidence supports such an instruction). | 2 | 2 |
State v. Dooleygreen2 sentences2020CORBETT & MARTENS Opinion of the Court [the] defendant’s evidence.” State v. Dooley, 285 N.C. 158, 163 , 203 S.E.2d 815, 818 (1974); see also Lee, 370 N.C. at 677 , 811 S.E.2d at 568 (Martin, C.J., concurring) (asserting that the principle articulated in Dooley “should apply equally to defense of another” where the evidence supports such an instruction). 2020CORBETT & MARTENS Opinion of the Court [the] defendant’s evidence.” State v. Dooley, 285 N.C. 158, 163 , 203 S.E.2d 815, 818 (1974); see also Lee, 370 N.C. at 677 , 811 S.E.2d at 568 (Martin, C.J., concurring) (asserting that the principle articulated in Dooley “should apply equally to defense of another” where the evidence supports such an instruction). | 2 | 2 |
State v. Mahaleygreen2 sentences2004See State v. Mahaley, 332 N.C. 583, 597 , *96 423 S.E.2d 58, 66 (1992) (noting that the f(1) mitigating circumstance must be submitted “without regard to the wishes of the State or the defendant”), cert. denied, 513 U.S. 1089 , 130 L. 2004See State v. Mahaley, 332 N.C. 583, 597 , *96 423 S.E.2d 58, 66 (1992) (noting that the f(1) mitigating circumstance must be submitted “without regard to the wishes of the State or the defendant”), cert. denied, 513 U.S. 1089 , 130 L. | 2 | 2 |
Huffman v. Norrisgreen2 sentences2004See State v. Mahaley, 332 N.C. 583, 597 , *96 423 S.E.2d 58, 66 (1992) (noting that the f(1) mitigating circumstance must be submitted “without regard to the wishes of the State or the defendant”), cert. denied, 513 U.S. 1089 , 130 L. 2004See State v. Mahaley, 332 N.C. 583, 597 , *96 423 S.E.2d 58, 66 (1992) (noting that the f(1) mitigating circumstance must be submitted “without regard to the wishes of the State or the defendant”), cert. denied, 513 U.S. 1089 , 130 L. | 2 | 2 |
State v. Liggonsgreen2 sentences2015The failure to instruct the jury on a lesser included offense when the evidence supports such an instruction “constitutes reversible error that cannot be cured by a verdict finding the defendant guilty of the greater offense.” State v. Liggons, 194 N.C. 2015App. 734, 742 , 670 S.E.2d 333, 339 (2009) (citation omitted). | 1 | 1 |
State v. Bestgreen2 sentences2010See Best, 79 N.C.App. at 737 , 340 S.E.2d at 527 (explaining "[i]t is difficult to imagine a homicide case in which the evidence supports an instruction on self defense but not an instruction on voluntary manslaughter based upon an excessive force theory"). 2010See Best, 79 N.C.App. at 737 , 340 S.E.2d at 527 (explaining "[i]t is difficult to imagine a homicide case in which the evidence supports an instruction on self defense but not an instruction on voluntary manslaughter based upon an excessive force theory"). | 1 | 1 |
Martishius v. Carolco Studios, Inc.green2 sentences2008"In ruling on the motion, the trial court must consider the evidence in the light most favorable to the nonmoving party, giving him the benefit of all reasonable inferences to be drawn therefrom and resolving all conflicts in the evidence in his favor. " Martishius v. Carolco Studios, Inc., 355 N.C. 465, 473 , 562 S.E.2d 887, 892 (2002) (citation and quotations omitted) (emphasis added). 2008"In ruling on the motion, the trial court must consider the evidence in the light most favorable to the nonmoving party, giving him the benefit of all reasonable inferences to be drawn therefrom and resolving all conflicts in the evidence in his favor. " Martishius v. Carolco Studios, Inc., 355 N.C. 465, 473 , 562 S.E.2d 887, 892 (2002) (citation and quotations omitted) (emphasis added). | 1 | 1 |
State v. Baregreen2 sentences2004State v. Bare, 309 N.C. 122 , 127, 305 S.E.2d 513 , 517 (1983) ("It is only those special instructions which are supported by the evidence that must be given to the jury.") (citing State v. Bock, 288 N.C. 145 ,158-59, 217 S.E.2d 513 , 522 (1975)). 2004State v. Bare, 309 N.C. 122 , 127, 305 S.E.2d 513 , 517 (1983) ("It is only those special instructions which are supported by the evidence that must be given to the jury.") (citing State v. Bock, 288 N.C. 145 ,158-59, 217 S.E.2d 513 , 522 (1975)). | 1 | 1 |
State v. Mashgreen2 sentences2004State v. Mash, 323 N.C. 339, 348 , 372 S.E.2d 532, 537-38 (1988). 2004State v. Mash, 323 N.C. 339, 348 , 372 S.E.2d 532, 537-38 (1988). | 1 | 1 |
State v. . Thomasgreen2 sentences1986See State v. Thomas, 184 N.C. 757 , 114 S.E. 834 (1922). 1986See State v. Thomas, 184 N.C. 757 , 114 S.E. 834 (1922). | 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. Geisslercrain
green
2 sentences2021Id. at 416 , 371 S.E.2d at 760 . “[I]f the trial court determines that [t]he mitigating factors substantially outweigh any aggravating factors, the trial court must impose a Level Five punishment.” Geisslercrain, 233 N.C. 2021Id. at 416 , 371 S.E.2d at 760 . “[I]f the trial court determines that [t]he mitigating factors substantially outweigh any aggravating factors, the trial court must impose a Level Five punishment.” Geisslercrain, 233 N.C. | 2 | 2021–2021 |
Beck v. Alabama
green
2 sentences2023If there is a conflict in the evidence and the evidence supports an instruction 5 Contrary to the dissent’s assertion, this rule does not clash with Beck v. Alabama, 447 U.S. 625 , 100 S. Ct. 2382 (1980). 2023If there is a conflict in the evidence and the evidence supports an instruction 5 Contrary to the dissent’s assertion, this rule does not clash with Beck v. Alabama, 447 U.S. 625 , 100 S. Ct. 2382 (1980). | 1 | 2023–2023 |
State v. Martin
green
1 sentence2011State v. Martin, 29 N.C. | 1 | 2011–2011 |
State v. Bock
green
2 sentences2004State v. Bare, 309 N.C. 122 , 127, 305 S.E.2d 513 , 517 (1983) ("It is only those special instructions which are supported by the evidence that must be given to the jury.") (citing State v. Bock, 288 N.C. 145 ,158-59, 217 S.E.2d 513 , 522 (1975)). 2004State v. Bare, 309 N.C. 122 , 127, 305 S.E.2d 513 , 517 (1983) ("It is only those special instructions which are supported by the evidence that must be given to the jury.") (citing State v. Bock, 288 N.C. 145 ,158-59, 217 S.E.2d 513 , 522 (1975)). | 1 | 2004–2004 |
State v. Ataei-Kachuei
green
1 sentence2003State v. Ataei-Kachuei, 68 N.C. | 1 | 2003–2003 |
State v. Hankerson
green
2 sentences1988State v. Hankerson, 288 N.C. at 651 , 220 S.E. 2d at 589 . 1988State v. Hankerson, 288 N.C. at 651 , 220 S.E. 2d at 589 . | 1 | 1988–1988 |
State v. Segarra
green
1 sentence1976“If the State’s evidence shows an armed robbery as charged in the indictment and there is no conflicting evidence relating to the elements of the crime charged an instruction on common law robbery is not required.” State v. Lee, 282 N.C. 566, 569-570 , 193 S.E. 2d 705 (1973) ; State v. Segarra, 26 N.C. | 1 | 1976–1976 |
State v. Lee
green
2 sentences1976“If the State’s evidence shows an armed robbery as charged in the indictment and there is no conflicting evidence relating to the elements of the crime charged an instruction on common law robbery is not required.” State v. Lee, 282 N.C. 566, 569-570 , 193 S.E. 2d 705 (1973) ; State v. Segarra, 26 N.C. 1976“If the State’s evidence shows an armed robbery as charged in the indictment and there is no conflicting evidence relating to the elements of the crime charged an instruction on common law robbery is not required.” State v. Lee, 282 N.C. 566, 569-570 , 193 S.E. 2d 705 (1973) ; State v. Segarra, 26 N.C. | 1 | 1976–1976 |
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.