made error (North Carolina) · Go Syfert
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made error in North Carolina

16 North Carolina opinions name it 2 courts 1923–2019 0 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 (6)

CaseFollowedCited
State v. Harrisgreen
nc · 1986 · cited in 1 North Carolina opinions naming this issue, 2019–2019
2 sentences

2019App. 278, 283 , 719 S.E.2d 196, 199 (2011) (quoting State v. Harris, 315 N.C. 556, 562 , 340 S.E.2d 383, 387 (1986)) (affirming denial of appellant’s motion for a new trial where the trial court limited the presentation of evidence when “(1) the length of the trial was discussed at pre-trial conferences and both parties agreed to a two-day trial; (2) the court made inquiry concerning the ability of both parties to present evidence within a two-day time frame and neither party objected during pre-trial conferences; (3) the court made several references to the time constrictions during the trial

2019App. 278, 283 , 719 S.E.2d 196, 199 (2011) (quoting State v. Harris, 315 N.C. 556, 562 , 340 S.E.2d 383, 387 (1986)) (affirming denial of appellant’s motion for a new trial where the trial court limited the presentation of evidence when “(1) the length of the trial was discussed at pre-trial conferences and both parties agreed to a two-day trial; (2) the court made inquiry concerning the ability of both parties to present evidence within a two-day time frame and neither party objected during pre-trial conferences; (3) the court made several references to the time constrictions during the trial

11
Wolgin v. Wolgingreen
ncctapp · 2011 · cited in 1 North Carolina opinions naming this issue, 2019–2019
1 sentence

2019App. 278, 283 , 719 S.E.2d 196, 199 (2011) (quoting State v. Harris, 315 N.C. 556, 562 , 340 S.E.2d 383, 387 (1986)) (affirming denial of appellant’s motion for a new trial where the trial court limited the presentation of evidence when “(1) the length of the trial was discussed at pre-trial conferences and both parties agreed to a two-day trial; (2) the court made inquiry concerning the ability of both parties to present evidence within a two-day time frame and neither party objected during pre-trial conferences; (3) the court made several references to the time constrictions during the trial

11
State v. Leonardgreen
· 1978 · cited in 1 North Carolina opinions naming this issue, 2010–2010
2 sentences

2010The juror did not indicate that she was unable to: accept a “particular defense or penalty” as occurred in State v. Leonard, 296 N.C. 58, 62 , 248 S.E.2d 853, 855 (1978), or abide by the “presumption of innocence” as seen *641 in State v. Cunningham, 333 N.C. 744, 754 , 429 S.E.2d 718, 723 (1993).

2010The juror did not indicate that she was unable to: accept a “particular defense or penalty” as occurred in State v. Leonard, 296 N.C. 58, 62 , 248 S.E.2d 853, 855 (1978), or abide by the “presumption of innocence” as seen *641 in State v. Cunningham, 333 N.C. 744, 754 , 429 S.E.2d 718, 723 (1993).

11
State v. Cunninghamgreen
nc · 1993 · cited in 1 North Carolina opinions naming this issue, 2010–2010
2 sentences

2010The juror did not indicate that she was unable to: accept a “particular defense or penalty” as occurred in State v. Leonard, 296 N.C. 58, 62 , 248 S.E.2d 853, 855 (1978), or abide by the “presumption of innocence” as seen *641 in State v. Cunningham, 333 N.C. 744, 754 , 429 S.E.2d 718, 723 (1993).

2010The juror did not indicate that she was unable to: accept a “particular defense or penalty” as occurred in State v. Leonard, 296 N.C. 58, 62 , 248 S.E.2d 853, 855 (1978), or abide by the “presumption of innocence” as seen *641 in State v. Cunningham, 333 N.C. 744, 754 , 429 S.E.2d 718, 723 (1993).

11
Pierce v. Johnsongreen
ncctapp · 2002 · cited in 1 North Carolina opinions naming this issue, 2008–2008
2 sentences

2008This Court reversed and remanded the case determining that “[plaintiff’s] failure to plead the estate of John Daniel Johnson was a misnomer, and therefore, the trial court made an error in law by not permitting an amendment under Rule 15(c).” Id. at 37-45 , 571 S.E.2d at 664-68 .

2008This Court reversed and remanded the case determining that “[plaintiff’s] failure to plead the estate of John Daniel Johnson was a misnomer, and therefore, the trial court made an error in law by not permitting an amendment under Rule 15(c).” Id. at 37-45 , 571 S.E.2d at 664-68 .

11
State v. Cumbergreen
· 1977 · cited in 1 North Carolina opinions naming this issue, 2005–2005
1 sentence

2005Id.; see also State v. Cumber, 32 N.C.

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 (22)

CaseCitedYears
State v. Smith green
nc · 1989
1 sentence

2012The reviewable findings of fact were to be based on the evidence presented at the 5 April and 1 May 2007 hearings and to support the Board’s decision to deny petitioner’s application. 8 As noted above, “[a] decision of this Court on a prior appeal constitutes the law of the case, both in sub *280 sequent proceedings in the trial court and on a subsequent appeal.” Lea Co., 323 N.C. at 699 , 374 S.E.2d at 868 .

12012–2012
Lea Company v. Narth Carolina Bd. of Transportation green
nc · 1989
1 sentence

2012The reviewable findings of fact were to be based on the evidence presented at the 5 April and 1 May 2007 hearings and to support the Board’s decision to deny petitioner’s application. 8 As noted above, “[a] decision of this Court on a prior appeal constitutes the law of the case, both in sub *280 sequent proceedings in the trial court and on a subsequent appeal.” Lea Co., 323 N.C. at 699 , 374 S.E.2d at 868 .

12012–2012
Mishler v. Mishler green
ncctapp · 1988
1 sentence

2011Defendant relies on Mishler v. Mishler, 90 N.C.

12011–2011
State v. Baker green
· 1994
2 sentences

2009Baker, 338 N.C. at 565 , 451 S.E.2d at 597 .

2009Baker, 338 N.C. at 565 , 451 S.E.2d at 597 .

12009–2009
State v. Cannon green
nc · 1990
2 sentences

2003In State v. Cannon, 326 N.C. 37 , 387 S.E.2d 450 (1990), the trial court made inquiry of defense counsel concerning the possibility of a negotiated plea after a lengthy voir dire hearing.

2003In State v. Cannon, 326 N.C. 37 , 387 S.E.2d 450 (1990), the trial court made inquiry of defense counsel concerning the possibility of a negotiated plea after a lengthy voir dire hearing.

12003–2003
Daugherty v. Daugherty green
ncctapp · 1983
2 sentences

1992In affirming the trial court’s denial of counsel, this Court made the analysis, to wit: “The instant case presents no unusually complex issues of law or fact which would necessitate the appointment of counsel.” Daugherty v. Daugherty, 62 N.C.

1992App. 318 , 302 S.E.2d 664 (1983) presented the same question.

11992–1992
Dickens v. Puryear green
nc · 1981
2 sentences

1990Stanback v. Stanback, 297 N.C. 181 , 254 S.E.2d 611 (1979), disapproved by Dickens v. Puryear, 302 N.C. 437 , 276 S.E.2d 325 (1981).

1990Stanback v. Stanback, 297 N.C. 181 , 254 S.E.2d 611 (1979), disapproved by Dickens v. Puryear, 302 N.C. 437 , 276 S.E.2d 325 (1981).

11990–1990
Davidson v. Knauff Insurance Agency, Inc. green
ncctapp · 1989
2 sentences

1990Agency, this court made an analysis of the appealability of interlocutory judgments and concluded that there are two means of appealing judgments which are interlocutory. 93 N.C.

1990App. 20 , 376 S.E.2d 488 (1989), disc. review denied, 324 N.C. 577 , 381 S.E.2d 772 .

11990–1990
Stanback v. Stanback green
nc · 1979
2 sentences

1990Stanback v. Stanback, 297 N.C. 181 , 254 S.E.2d 611 (1979), disapproved by Dickens v. Puryear, 302 N.C. 437 , 276 S.E.2d 325 (1981).

1990Stanback v. Stanback, 297 N.C. 181 , 254 S.E.2d 611 (1979), disapproved by Dickens v. Puryear, 302 N.C. 437 , 276 S.E.2d 325 (1981).

11990–1990
Sides v. Duke University green
ncctapp · 1985
1 sentence

1986App. 331 , 328 S.E. 2d 818 (1985) this Court made an exception to this rule in a case in which the plaintiff alleged she was discharged for refusing to commit perjury.

11986–1986
Bank of Varina v. Slaughter neutral
nc · 1959
2 sentences

1960Bank v. Slaughter, 250 N.C. 355 , 108 S.E. 2d 594 ; In re Will of Crawford, 246 N.C. 322 , 98 S.E. 2d 29 .

1960Bank v. Slaughter, 250 N.C. 355 , 108 S.E. 2d 594 ; In re Will of Crawford, 246 N.C. 322 , 98 S.E. 2d 29 .

11960–1960
In Re the Will of Crawford green
nc · 1957
2 sentences

1960Bank v. Slaughter, 250 N.C. 355 , 108 S.E. 2d 594 ; In re Will of Crawford, 246 N.C. 322 , 98 S.E. 2d 29 .

1960Bank v. Slaughter, 250 N.C. 355 , 108 S.E. 2d 594 ; In re Will of Crawford, 246 N.C. 322 , 98 S.E. 2d 29 .

11960–1960
Smith v. Miller neutral
nc · 1911
1 sentence

1933Neither Smith v. Miller, 158 N. C., 98 , nor Callahan v. Flack, ante, 106, is in conflict with this position. *340 The parties have requested that we determine the question of priority between the claims above stated, but as to any other contentions we make no adjudication beyond the holding that the complaint states a cause of action and that the trial court made no error in overruling the demurrer.

11933–1933
State v. . Mills neutral
nc · 1884
1 sentence

1932In S. v. Mills, supra, the declaration was, “I am dying, I have been shot three times, I am bound to die”; and in S. v. Shouse, 166 N. C., 306 , “I know I am going to die from the wound.” In S. v. Quick, 150 N. C., 820 , the language of the deceased is recorded to have been, “He is going to die”; in S. v. Watkins, 159 N. C., 480 , “They had killed him”; and in S. v. Franklin, 192 N. C., 723 , “He was killed.” Proof of all these declarations was held to be competent. *289 In the present case the trial court made no error in admitting similar proof.

11932–1932
State v. . Watkins neutral
nc · 1912
1 sentence

1932In S. v. Mills, supra, the declaration was, “I am dying, I have been shot three times, I am bound to die”; and in S. v. Shouse, 166 N. C., 306 , “I know I am going to die from the wound.” In S. v. Quick, 150 N. C., 820 , the language of the deceased is recorded to have been, “He is going to die”; in S. v. Watkins, 159 N. C., 480 , “They had killed him”; and in S. v. Franklin, 192 N. C., 723 , “He was killed.” Proof of all these declarations was held to be competent. *289 In the present case the trial court made no error in admitting similar proof.

11932–1932
State v. . Shouse green
nc · 1914
1 sentence

1932In S. v. Mills, supra, the declaration was, “I am dying, I have been shot three times, I am bound to die”; and in S. v. Shouse, 166 N. C., 306 , “I know I am going to die from the wound.” In S. v. Quick, 150 N. C., 820 , the language of the deceased is recorded to have been, “He is going to die”; in S. v. Watkins, 159 N. C., 480 , “They had killed him”; and in S. v. Franklin, 192 N. C., 723 , “He was killed.” Proof of all these declarations was held to be competent. *289 In the present case the trial court made no error in admitting similar proof.

11932–1932
State v. . Quick green
nc · 1909
1 sentence

1932In S. v. Mills, supra, the declaration was, “I am dying, I have been shot three times, I am bound to die”; and in S. v. Shouse, 166 N. C., 306 , “I know I am going to die from the wound.” In S. v. Quick, 150 N. C., 820 , the language of the deceased is recorded to have been, “He is going to die”; in S. v. Watkins, 159 N. C., 480 , “They had killed him”; and in S. v. Franklin, 192 N. C., 723 , “He was killed.” Proof of all these declarations was held to be competent. *289 In the present case the trial court made no error in admitting similar proof.

11932–1932
State v. . Franklin neutral
nc · 1926
1 sentence

1932In S. v. Mills, supra, the declaration was, “I am dying, I have been shot three times, I am bound to die”; and in S. v. Shouse, 166 N. C., 306 , “I know I am going to die from the wound.” In S. v. Quick, 150 N. C., 820 , the language of the deceased is recorded to have been, “He is going to die”; in S. v. Watkins, 159 N. C., 480 , “They had killed him”; and in S. v. Franklin, 192 N. C., 723 , “He was killed.” Proof of all these declarations was held to be competent. *289 In the present case the trial court made no error in admitting similar proof.

11932–1932
State v. . Grier neutral
nc · 1922
1 sentence

1923The court made no error in defining “reasonable doubt.” This has been done in a recent case, S. v. Schoolfield, 184 N. C., 723 , where Btacy, c71, said: “A reasonable doubt is not a vain, imaginary, or fanciful doubt, but it is a sane, rational doubt.

11923–1923
State v. . Parker neutral
· 1868
1 sentence

1923When it is said that the jury must be satisfied of the defendant’s guilt beyond a reasonable doubt, it is meant that they must be ‘fully satisfied’ (S. v. Sears, 61 N. C., 146 ), or ‘entirely convinced’ (S. v. Parker, 61 N. C., 473 ), or ‘satisfied to a moral certainty’ (S. v. Wilcox, 132 N. C., 1137) of the truth of the charge, S. v. Charles, 161 N. C., 287 .

11923–1923
State v. . Sears neutral
nc · 1867
1 sentence

1923When it is said that the jury must be satisfied of the defendant’s guilt beyond a reasonable doubt, it is meant that they must be ‘fully satisfied’ (S. v. Sears, 61 N. C., 146 ), or ‘entirely convinced’ (S. v. Parker, 61 N. C., 473 ), or ‘satisfied to a moral certainty’ (S. v. Wilcox, 132 N. C., 1137) of the truth of the charge, S. v. Charles, 161 N. C., 287 .

11923–1923
State v. . Charles green
nc · 1912
1 sentence

1923When it is said that the jury must be satisfied of the defendant’s guilt beyond a reasonable doubt, it is meant that they must be ‘fully satisfied’ (S. v. Sears, 61 N. C., 146 ), or ‘entirely convinced’ (S. v. Parker, 61 N. C., 473 ), or ‘satisfied to a moral certainty’ (S. v. Wilcox, 132 N. C., 1137) of the truth of the charge, S. v. Charles, 161 N. C., 287 .

11923–1923

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 1A-1 (5)

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

PA 606 (1898–2026) TX 90 (1924–2025) CA 70 (1940–2026) IL 49 (1901–2026) VA 44 (1932–2024) NY 41 (1924–2025) OH 39 (1985–2026) GA 37 (1918–2025) FL 33 (1969–2024) MI 31 (1925–2026) WA 22 (1980–2025) OR 19 (1917–2026) LA 18 (1964–2018) NC 16 (1923–2019) AL 13 (1916–2004) WI 11 (1957–2023) UT 11 (1990–2024) IA 11 (1891–2021) IN 10 (1942–2016) OK 10 (1924–2018) AR 10 (1920–2015) TN 9 (1929–2023) MD 8 (1972–2023) MO 7 (1926–2018) NJ 6 (1985–2024) AZ 6 (2000–2022) CT 6 (1971–2016) MS 6 (1961–2003) CO 5 (1963–2026) KS 5 (2010–2021) DC 4 (1986–2024) KY 4 (1945–2019) ME 4 (1982–2014) MT 4 (1913–2023) ND 4 (2002–2006) SC 4 (1977–2023) MN 4 (1949–2009) NM 3 (1976–1981) RI 3 (1995–2017) MA 3 (1999–2017) NE 3 (1917–1998) NH 2 (1869–1980) DE 2 (1848–1986) ID 2 (1898–1977) VT 2 (1850–2002)

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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