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16 North Carolina opinions name it 2 courts 2005–2022 4 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. Brittyellow2 sentences2020On 15 October 2018, we remanded defendant’s motion to the Clay County Superior Court with instructions to conduct an evidentiary hearing on the motion (“the MAR hearing”) pursuant to State v. Britt, 320 N.C. 705, 715 , 360 S.E.2d 660, 665 (1987), within sixty days. 2020On 15 October 2018, we remanded defendant’s motion to the Clay County Superior Court with instructions to conduct an evidentiary hearing on the motion (“the MAR hearing”) pursuant to State v. Britt, 320 N.C. 705, 715 , 360 S.E.2d 660, 665 (1987), within sixty days. | 3 | 3 |
State v. Bryantgreen2 sentences2022See State v. Bryant, 235 N.C. 420, 423 (1952) (“While some of the evidence offered by the State might have been excluded as hearsay, it was admitted without objection, and hence . . . may be considered with the other evidence and given such evidentiary value as it properly may possess.” (citation omitted)). 2022See State v. Bryant, 235 N.C. 420, 423 (1952) (“While some of the evidence offered by the State might have been excluded as hearsay, it was admitted without objection, and hence . . . may be considered with the other evidence and given such evidentiary value as it properly may possess.” (citation omitted)). | 2 | 2 |
State v. Beavergreen2 sentences2022See Beaver, 291 N.C. at 144 , 229 S.E.2d at 183 ; Powell, 321 N.C. at 371 , 364 S.E.2d at 336 ; Rhodes, 366 N.C. at 538 , 743 S.E.2d at 40 . 2022See Beaver, 291 N.C. at 144 , 229 S.E.2d at 183 ; Powell, 321 N.C. at 371 , 364 S.E.2d at 336 ; Rhodes, 366 N.C. at 538 , 743 S.E.2d at 40 . | 2 | 2 |
State v. Defoegreen2 sentences2010See State v. Britt, 320 N.C. 705, 713 , 360 S.E.2d 660, 664 (1987) (recognizing the test as "a modification of the ` Berry ' rule, initially set forth in Berry v. State, 10 Ga. 511 (1851) (setting forth essentially the same prerequisites but lacking the requirement that the newly discovered evidence be `probably true')."), superceded by statute on other grounds, as stated in State v. Defoe, 364 N.C. 29, 32-34 , 691 S.E.2d 1, 4 (2010). [4] The trial court observed at the MAR hearing that Defendant had identified the gun as a .38. 2010See State v. Britt, 320 N.C. 705, 713 , 360 S.E.2d 660, 664 (1987) (recognizing the test as "a modification of the ` Berry ' rule, initially set forth in Berry v. State, 10 Ga. 511 (1851) (setting forth essentially the same prerequisites but lacking the requirement that the newly discovered evidence be `probably true')."), superceded by statute on other grounds, as stated in State v. Defoe, 364 N.C. 29, 32-34 , 691 S.E.2d 1, 4 (2010). [4] The trial court observed at the MAR hearing that Defendant had identified the gun as a .38. | 1 | 1 |
Berry v. Stategreen2 sentences2010See State v. Britt, 320 N.C. 705, 713 , 360 S.E.2d 660, 664 (1987) (recognizing the test as "a modification of the ` Berry ' rule, initially set forth in Berry v. State, 10 Ga. 511 (1851) (setting forth essentially the same prerequisites but lacking the requirement that the newly discovered evidence be `probably true')."), superceded by statute on other grounds, as stated in State v. Defoe, 364 N.C. 29, 32-34 , 691 S.E.2d 1, 4 (2010). [4] The trial court observed at the MAR hearing that Defendant had identified the gun as a .38. 2010See State v. Britt, 320 N.C. 705, 713 , 360 S.E.2d 660, 664 (1987) (recognizing the test as "a modification of the ` Berry ' rule, initially set forth in Berry v. State, 10 Ga. 511 (1851) (setting forth essentially the same prerequisites but lacking the requirement that the newly discovered evidence be `probably true')."), superceded by statute on other grounds, as stated in State v. Defoe, 364 N.C. 29, 32-34 , 691 S.E.2d 1, 4 (2010). [4] The trial court observed at the MAR hearing that Defendant had identified the gun as a .38. | 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. Bowden
neutral
2 sentences2020In State v. Bowden, 367 N.C. 680 , 766 S.E.2d 320 (2014), defendant Bowden unsuccessfully sought application of various credits to his life sentence at the trial court through a petition for writ of habeas corpus and later following a MAR hearing under N.G.G.S. § 15A-1420. 2020In State v. Bowden, 367 N.C. 680 , 766 S.E.2d 320 (2014), defendant Bowden unsuccessfully sought application of various credits to his life sentence at the trial court through a petition for writ of habeas corpus and later following a MAR hearing under N.G.G.S. § 15A-1420. | 3 | 2020–2020 |
State v. Rhodes
green
2 sentences2022See Beaver, 291 N.C. at 144 , 229 S.E.2d at 183 ; Powell, 321 N.C. at 371 , 364 S.E.2d at 336 ; Rhodes, 366 N.C. at 538 , 743 S.E.2d at 40 . 2022See Beaver, 291 N.C. at 144 , 229 S.E.2d at 183 ; Powell, 321 N.C. at 371 , 364 S.E.2d at 336 ; Rhodes, 366 N.C. at 538 , 743 S.E.2d at 40 . | 2 | 2022–2022 |
State v. Powell
green
2 sentences2022See Beaver, 291 N.C. at 144 , 229 S.E.2d at 183 ; Powell, 321 N.C. at 371 , 364 S.E.2d at 336 ; Rhodes, 366 N.C. at 538 , 743 S.E.2d at 40 . 2022See Beaver, 291 N.C. at 144 , 229 S.E.2d at 183 ; Powell, 321 N.C. at 371 , 364 S.E.2d at 336 ; Rhodes, 366 N.C. at 538 , 743 S.E.2d at 40 . | 2 | 2022–2022 |
State v. Hyman
green
2 sentences2021Hyman, 371 N.C. at 383 . 2021Hyman, 371 N.C. at 383 . | 2 | 2021–2021 |
State v. Thompson
green
2 sentences2020Despite consistent holdings of our Supreme Court that the property taken or attempted to be taken need not “be laid in a particular person,” Spillars, 280 N.C. at 345 , 185 S.E.2d at 884 , and even a variance between the individual named in such an indictment and the evidence established is not fatal to the armed robbery charge, see Thompson, 359 N.C. 6 at 107-08, 604 S.E.2d at 872—now, before this Court on certiorari review of the MAR orders, a majority of the panel holds that defendant’s 2013 indictment is invalid for failure to name a victim. 2020Despite consistent holdings of our Supreme Court that the property taken or attempted to be taken need not “be laid in a particular person,” Spillars, 280 N.C. at 345 , 185 S.E.2d at 884 , and even a variance between the individual named in such an indictment and the evidence established is not fatal to the armed robbery charge, see Thompson, 359 N.C. 6 at 107-08, 604 S.E.2d at 872—now, before this Court on certiorari review of the MAR orders, a majority of the panel holds that defendant’s 2013 indictment is invalid for failure to name a victim. | 2 | 2020–2020 |
State v. Spillars
green
2 sentences2020Despite consistent holdings of our Supreme Court that the property taken or attempted to be taken need not “be laid in a particular person,” Spillars, 280 N.C. at 345 , 185 S.E.2d at 884 , and even a variance between the individual named in such an indictment and the evidence established is not fatal to the armed robbery charge, see Thompson, 359 N.C. 6 at 107-08, 604 S.E.2d at 872—now, before this Court on certiorari review of the MAR orders, a majority of the panel holds that defendant’s 2013 indictment is invalid for failure to name a victim. 2020Despite consistent holdings of our Supreme Court that the property taken or attempted to be taken need not “be laid in a particular person,” Spillars, 280 N.C. at 345 , 185 S.E.2d at 884 , and even a variance between the individual named in such an indictment and the evidence established is not fatal to the armed robbery charge, see Thompson, 359 N.C. 6 at 107-08, 604 S.E.2d at 872—now, before this Court on certiorari review of the MAR orders, a majority of the panel holds that defendant’s 2013 indictment is invalid for failure to name a victim. | 2 | 2020–2020 |
State v. Graham
green
2 sentences2014State v. Graham, 200 N.C. 2014State v. Graham, 200 N.C. | 1 | 2014–2014 |
State v. Roberts
green
2 sentences2012Similarly, in State v. Roberts, 351 N.C. 325 , 523 S.E.2d 417 (2000), we held that a sentence for a term not authorized by the General Statutes was properly corrected in a MAR hearing. 2012Similarly, in State v. Roberts, 351 N.C. 325 , 523 S.E.2d 417 (2000), we held that a sentence for a term not authorized by the General Statutes was properly corrected in a MAR hearing. | 1 | 2012–2012 |
State v. Lewis
green
2 sentences2012Id. 2012You know he flunked a polygraph test, right?” 188 N.C. | 1 | 2012–2012 |
State v. Stanley
green
2 sentences2010Id. 2010Id. | 1 | 2010–2010 |
Strickland v. Washington
green
2 sentences2005It then applied the two-part test set out by the United States Supreme Court in Strickland v. Washington to determine whether trial counsel had provided effective assistance to defendant. 466 U.S. 668 , 80 L. 2005It then applied the two-part test set out by the United States Supreme Court in Strickland v. Washington to determine whether trial counsel had provided effective assistance to defendant. 466 U.S. 668 , 80 L. | 1 | 2005–2005 |
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.