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16 North Carolina opinions name it 2 courts 1976–2019 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.
| Case | Followed | Cited |
|---|---|---|
State v. Smithgreen2 sentences2003App. 651, 656 , 375 S.E.2d 702, 705 (1989) (setting forth the six-part Smith inquiry, 315 N.C. at 92-97 , 337 S.E.2d at 844-47 ). 2003App. 651, 656 , 375 S.E.2d 702, 705 (1989) (setting forth the six-part Smith inquiry, 315 N.C. at 92-97 , 337 S.E.2d at 844-47 ). | 1 | 2 |
Town of Sylva v. Gibsongreen1 sentence2019App. 545, 548 , 277 S.E.2d 115, 117 (1981) (holding that trial court erred in granting defendant’s 1 Indeed, Smith’s brief does not argue as to the applicability of any specific provision of Rule 60(b). -7- ASSOC. | 1 | 1 |
State v. Jonesgreen1 sentence2011See id. | 1 | 1 |
State v. Agubatagreen1 sentence2003App. 651, 656 , 375 S.E.2d 702, 705 (1989) (setting forth the six-part Smith inquiry, 315 N.C. at 92-97 , 337 S.E.2d at 844-47 ). | 1 | 1 |
Robinson v. Powellgreen2 sentences2000While failure to plead an affirmative defense “generally results in a waiver thereof,” Robinson v. Powell, 348 N.C. 562, 566 , 500 S.E.2d 714, 717 (1998), “the issue may still be raised by express or implied consent,” Miller v. Taiton, 112 N.C. 2000While failure to plead an affirmative defense “generally results in a waiver thereof,” Robinson v. Powell, 348 N.C. 562, 566 , 500 S.E.2d 714, 717 (1998), “the issue may still be raised by express or implied consent,” Miller v. Taiton, 112 N.C. | 1 | 1 |
State v. Triplettgreen2 sentences1990See State v. Smith, 315 N.C. 76, 92-98 , 337 S.E.2d 833, 844-48 (1985) (setting out six-part inquiry for determining admissibility under Rule 803(24)), cited in State v. Triplett, 316 N.C. at 9 , 340 S.E.2d at 740 (adopting Smith inquiry for Rule 804(b)(5) cases). 1990See State v. Smith, 315 N.C. 76, 92-98 , 337 S.E.2d 833, 844-48 (1985) (setting out six-part inquiry for determining admissibility under Rule 803(24)), cited in State v. Triplett, 316 N.C. at 9 , 340 S.E.2d at 740 (adopting Smith inquiry for Rule 804(b)(5) cases). | 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 |
|---|---|---|
Dogwood Development & Management Co. LLC v. White Oak Transport Co.
green
2 sentences2018Co. , 362 N.C. 191 , 657 S.E.2d 361 (2008), to assert that "whether appellate Rules have been violated or not, ... dismissal should only be applied in the most drastic cases of non-jurisdictional rules violations." Notwithstanding any appellate record rules violations, Smith's brief violates our Appellate Procedure Rules based on his failures to (1) complete and file an appeal information statement in violation of N.C. 2018Co. , 362 N.C. 191 , 657 S.E.2d 361 (2008), to assert that "whether appellate Rules have been violated or not, ... dismissal should only be applied in the most drastic cases of non-jurisdictional rules violations." Notwithstanding any appellate record rules violations, Smith's brief violates our Appellate Procedure Rules based on his failures to (1) complete and file an appeal information statement in violation of N.C. | 1 | 2018–2018 |
State v. Smith
green
1 sentence2017Id. | 1 | 2017–2017 |
State v. Mitchell
green
2 sentences2006App. 21 , 302 S.E.2d 265 (1983), this Court applied the Smith standard absent any evidence that the defendant had requested or received a list of witnesses from the State. 2006App. 21 , 302 S.E.2d 265 (1983), this Court applied the Smith standard absent any evidence that the defendant had requested or received a list of witnesses from the State. | 1 | 2006–2006 |
State v. Myers
green
2 sentences2006In State v. Myers, 299 N.C. 671 , 263 S.E.2d 768 (1980), the defendant made an oral request during jury selection that the State orally list the names of all witnesses the State planned to call to testify. 2006In State v. Myers, 299 N.C. 671 , 263 S.E.2d 768 (1980), the defendant made an oral request during jury selection that the State orally list the names of all witnesses the State planned to call to testify. | 1 | 2006–2006 |
Johnson v. Beverly-Hanks & Associates, Inc.
green
2 sentences2001Relying upon Johnson v. Beverly-Hanks & Assoc., 328 N.C. 202 , 400 S.E.2d 38 (1991), plaintiffs argue that defendant Smith breached his duty not to conceal from the purchasers any material facts affecting the property and to make full and open disclosure of all such information to plaintiffs. 2001Relying upon Johnson v. Beverly-Hanks & Assoc., 328 N.C. 202 , 400 S.E.2d 38 (1991), plaintiffs argue that defendant Smith breached his duty not to conceal from the purchasers any material facts affecting the property and to make full and open disclosure of all such information to plaintiffs. | 1 | 2001–2001 |
State v. Smith
green
2 sentences2000Thus, the defendant's statement placed him at the "scene of the crime and in the company of the victim." Id. at 81, 252 S.E.2d at 541 . 2000Thus, the defendant’s statement placed him at the “scene of the crime and in the company of the victim.” Id. at 81, 252 S.E.2d at 541 . | 1 | 2000–2000 |
Miller v. Talton
green
1 sentence2000While failure to plead an affirmative defense “generally results in a waiver thereof,” Robinson v. Powell, 348 N.C. 562, 566 , 500 S.E.2d 714, 717 (1998), “the issue may still be raised by express or implied consent,” Miller v. Taiton, 112 N.C. | 1 | 2000–2000 |
Atkins v. Nash
green
1 sentence1999Atkins, 61 N.C. | 1 | 1999–1999 |
Ellis v. Williams
green
1 sentence1998Id. *320 Mrs. Smith’s issue number three questions the failure of the trial court to determine Mr. Smith’s liability by judgment and contract to pay any attorneys’ fees obligation Mrs. Smith may have to RB&H. | 1 | 1998–1998 |
United States v. Kenneth Ward Thomas, United States of America v. John David Curtis
green
2 sentences1990State v. Triplett, supra, citing United States v. Thomas, 705 F.2d 709 (4th Cir.), cert. denied, 464 U.S. 890 , 104 S.Ct. 232 , 78 L.Ed.2d 225 (1983). 1990State v. Triplett, supra, citing United States v. Thomas, 705 F.2d 709 (4th Cir.), cert. denied, 464 U.S. 890 , 104 S.Ct. 232 , 78 L.Ed.2d 225 (1983). | 1 | 1990–1990 |
Ruckelshaus v. Monsanto Co.
green
2 sentences1990State v. Triplett, supra, citing United States v. Thomas, 705 F.2d 709 (4th Cir.), cert. denied, 464 U.S. 890 , 104 S.Ct. 232 , 78 L.Ed.2d 225 (1983). 1990State v. Triplett, supra, citing United States v. Thomas, 705 F.2d 709 (4th Cir.), cert. denied, 464 U.S. 890 , 104 S.Ct. 232 , 78 L.Ed.2d 225 (1983). | 1 | 1990–1990 |
Krebs v. Krebs
green
2 sentences1990State v. Triplett, supra, citing United States v. Thomas, 705 F.2d 709 (4th Cir.), cert. denied, 464 U.S. 890 , 104 S.Ct. 232 , 78 L.Ed.2d 225 (1983). 1990State v. Triplett, supra, citing United States v. Thomas, 705 F.2d 709 (4th Cir.), cert. denied, 464 U.S. 890 , 104 S.Ct. 232 , 78 L.Ed.2d 225 (1983). | 1 | 1990–1990 |
In re Hiss
green
2 sentences1990State v. Triplett, supra, citing United States v. Thomas, 705 F.2d 709 (4th Cir.), cert. denied, 464 U.S. 890 , 104 S.Ct. 232 , 78 L.Ed.2d 225 (1983). 1990State v. Triplett, supra, citing United States v. Thomas, 705 F.2d 709 (4th Cir.), cert. denied, 464 U.S. 890 , 104 S.Ct. 232 , 78 L.Ed.2d 225 (1983). | 1 | 1990–1990 |
Smith v. Nationwide Mutual Insurance
green
2 sentences1990This Court reversed, holding that a household-owned vehicle exclusion in Policy B barred UIM coverage for the daughter’s death and therefore prevented stacking of that coverage with the UIM coverage provided by Policy A. Id. at 371 , 388 S.E.2d at 629 . 1990This Court reversed, holding that a household-owned vehicle exclusion in Policy B barred UIM coverage for the daughter’s death and therefore prevented stacking of that coverage with the UIM coverage provided by Policy A. Id. at 371 , 388 S.E.2d at 629 . | 1 | 1990–1990 |
Smith v. William Muirhead Construction Co.
neutral
2 sentences1980The full commission merely concluded that “plaintiff has shown no conduct on the part of the defendant which constitutes estoppel.” Id. at 290 , 218 S.E. 2d at 719 . 1980The full commission merely concluded that “plaintiff has shown no conduct on the part of the defendant which constitutes estoppel.” Id. at 290 , 218 S.E. 2d at 719 . | 1 | 1980–1980 |
Lacy v. . State
neutral
2 sentences1976In Lacy v. State, 195 N.C. 284 , 141 S.E. 886 (1928), a unanimous Court, speaking through Justice George Connor, said: “The claim upon which this proceeding was instituted arises out of a contract between the claimant and the State Highway Commission. 1976In Lacy v. State, 195 N.C. 284 , 141 S.E. 886 (1928), a unanimous Court, speaking through Justice George Connor, said: “The claim upon which this proceeding was instituted arises out of a contract between the claimant and the State Highway Commission. | 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.