submission instruction in North Carolina

18 North Carolina opinions name it 2 courts 1915–2021 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.

Followed or applied (7)

Case	Followed	Cited
State v. Danielsgreen nc · 1994 · cited in 3 North Carolina opinions naming this issue, 1999–2002 2 sentences 2002Therefore, “ ‘a jury finding of this circumstance would have been based solely upon speculation and conjecture, not upon substantial evidence, and the submission of the instruction would be unreasonable as a matter of law.’ ” State v. Anderson, 350 N.C. 152, 183 , 513 S.E.2d 296, 315 (quoting State v. Daniels, 337 N.C. 243, 273 , 446 S.E.2d 298, 316-17 (1994), cert. denied, 513 U.S. 1135 , 130 L. 2002Therefore, “ ‘a jury finding of this circumstance would have been based solely upon speculation and conjecture, not upon substantial evidence, and the submission of the instruction would be unreasonable as a matter of law.’ ” State v. Anderson, 350 N.C. 152, 183 , 513 S.E.2d 296, 315 (quoting State v. Daniels, 337 N.C. 243, 273 , 446 S.E.2d 298, 316-17 (1994), cert. denied, 513 U.S. 1135 , 130 L.	3	3
State v. Thompsongreen ncctapp · 2001 · cited in 2 North Carolina opinions naming this issue, 2020–2020 2 sentences 2020While the burden is on the defendant to “first present credible evidence tending to support a defense of entrapment before a trial court may submit the question to a jury[,]” State v. Thompson, 141 N.C. App. 698, 706 , 543 S.E.2d 160, 165 (2001), where “the State’s own evidence raises an inference of entrapment . . . the submission of the defense is obviously proper[.]” State v. Neville, 302 N.C. 623, 626 , 276 S.E.2d 373, 375 (1981). 2020While the burden is on the defendant to “first present credible evidence tending to support a defense of entrapment before a trial court may submit the question to a jury[,]” State v. Thompson, 141 N.C. App. 698, 706 , 543 S.E.2d 160, 165 (2001), where “the State’s own evidence raises an inference of entrapment . . . the submission of the defense is obviously proper[.]” State v. Neville, 302 N.C. 623, 626 , 276 S.E.2d 373, 375 (1981).	2	2
State v. Nevillegreen nc · 1981 · cited in 2 North Carolina opinions naming this issue, 2020–2020 2 sentences 2020While the burden is on the defendant to “first present credible evidence tending to support a defense of entrapment before a trial court may submit the question to a jury[,]” State v. Thompson, 141 N.C. App. 698, 706 , 543 S.E.2d 160, 165 (2001), where “the State’s own evidence raises an inference of entrapment . . . the submission of the defense is obviously proper[.]” State v. Neville, 302 N.C. 623, 626 , 276 S.E.2d 373, 375 (1981). 2020While the burden is on the defendant to “first present credible evidence tending to support a defense of entrapment before a trial court may submit the question to a jury[,]” State v. Thompson, 141 N.C. App. 698, 706 , 543 S.E.2d 160, 165 (2001), where “the State’s own evidence raises an inference of entrapment . . . the submission of the defense is obviously proper[.]” State v. Neville, 302 N.C. 623, 626 , 276 S.E.2d 373, 375 (1981).	2	2
State v. Branhamgreen ncctapp · 2002 · cited in 2 North Carolina opinions naming this issue, 2020–2020 2 sentences 2020“If defendant’s evidence creates an issue of fact as to entrapment, then the jury must be instructed on the defense of entrapment.” State v. Branham, 153 N.C. App. 91, 100 , 569 S.E.2d 24, 29 (2002) (emphasis added). 2020“If defendant’s evidence creates an issue of fact as to entrapment, then the jury must be instructed on the defense of entrapment.” State v. Branham, 153 N.C. App. 91, 100 , 569 S.E.2d 24, 29 (2002) (emphasis added).	2	2
Williams v. Graygreen ncctapp · 1974 · cited in 1 North Carolina opinions naming this issue, 2004–2004 1 sentence 2004Even assuming arguendo that the trial court improperly charged the jury on contributory instead of comparative negligence, plaintiff's argument is without merit as "error committed in charging on an issue not reached by the jury is treated as harmless." Poniros v. Teer Co., 236 N.C. 145 , 146, 72 S.E.2d 9 , 10 (1952); see also Williams v. Gray, 24 N.C.	1	1
State v. Andersongreen nc · 1999 · cited in 1 North Carolina opinions naming this issue, 2002–2002 1 sentence 2002Therefore, “ ‘a jury finding of this circumstance would have been based solely upon speculation and conjecture, not upon substantial evidence, and the submission of the instruction would be unreasonable as a matter of law.’ ” State v. Anderson, 350 N.C. 152, 183 , 513 S.E.2d 296, 315 (quoting State v. Daniels, 337 N.C. 243, 273 , 446 S.E.2d 298, 316-17 (1994), cert. denied, 513 U.S. 1135 , 130 L.	1	1
State v. Bushgreen nc · 1982 · cited in 1 North Carolina opinions naming this issue, 1984–1984 2 sentences 1984State v. Bush, 307 N.C. 152, 158 , 297 S.E. 2d 563, 568 (1982). 1984State v. Bush, 307 N.C. 152, 158 , 297 S.E. 2d 563, 568 (1982).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in North Carolina. Read the followed side critically anyway.

Also cited on this issue (16)

Case	Cited	Years
Daniels v. North Carolina green scotus · 1995 2 sentences 2002Therefore, “ ‘a jury finding of this circumstance would have been based solely upon speculation and conjecture, not upon substantial evidence, and the submission of the instruction would be unreasonable as a matter of law.’ ” State v. Anderson, 350 N.C. 152, 183 , 513 S.E.2d 296, 315 (quoting State v. Daniels, 337 N.C. 243, 273 , 446 S.E.2d 298, 316-17 (1994), cert. denied, 513 U.S. 1135 , 130 L. 1999Based upon the lack of evidence presented supporting defendant’s argument that she acted under duress or the domination of Pierce, “a jury finding of this circumstance would have been based solely upon speculation and conjecture, not upon substantial evidence, and the submission of the instruction would be unreasonable as a matter of law.” State v. Daniels, 337 N.C. 243, 273 , 446 S.E.2d 298, 316-17 (1994), cert. denied, 513 U.S. 1135 , 130 L.	3	1999–2002
State v. Coley green nc · 2020 2 sentences 2021Id. (emphasis original and supplied) (citations, alterations, and internal quotation marks omitted). ¶ 43 Defendant’s proper and preserved objection to the submission of and the jury instruction on lying in wait shows the trial court erroneously failed to include the correlation and preemption of Defendant’s common law and statutory rights to defense of self, family, and habitation to this submission and instruction. 2021Id. (emphasis original and supplied) (citations, alterations, and internal quotation marks omitted). ¶ 43 Defendant’s proper and preserved objection to the submission of and the jury instruction on lying in wait shows the trial court erroneously failed to include the correlation and preemption of Defendant’s common law and statutory rights to defense of self, family, and habitation to this submission and instruction.	2	2021–2021
Millsaps v. Estes. neutral nc · 1904 2 sentences 1915Milsaps v. Estes , 134 N.C. 486 . 1915Milsaps v. Estes, 134 N. C., 486 .	2	1915–1915
State v. Ingle green nc · 1994 1 sentence 2007Id. (emphasis in original).	1	2007–2007
Poniros v. Nello L. Teer Co. neutral nc · 1952 1 sentence 2004Even assuming arguendo that the trial court improperly charged the jury on contributory instead of comparative negligence, plaintiff's argument is without merit as "error committed in charging on an issue not reached by the jury is treated as harmless." Poniros v. Teer Co., 236 N.C. 145 , 146, 72 S.E.2d 9 , 10 (1952); see also Williams v. Gray, 24 N.C.	1	2004–2004
Poniros v. Nello L. Teer Co. neutral nc · 1952 1 sentence 2004Even assuming arguendo that the trial court improperly charged the jury on contributory instead of comparative negligence, plaintiff's argument is without merit as "error committed in charging on an issue not reached by the jury is treated as harmless." Poniros v. Teer Co., 236 N.C. 145 , 146, 72 S.E.2d 9 , 10 (1952); see also Williams v. Gray, 24 N.C.	1	2004–2004
Rodgers v. Ohio green scotus · 1999 1 sentence 2002Ed. 2d 895 (1995)), cert. denied, 528 U.S. 973 , 145 L.	1	2002–2002
Richardson v. West Virginia Department of Health & Human Services green scotus · 1999 1 sentence 2002Ed. 2d 895 (1995)), cert. denied, 528 U.S. 973 , 145 L.	1	2002–2002
State v. Anderson green nc · 1999 1 sentence 2002Therefore, “ ‘a jury finding of this circumstance would have been based solely upon speculation and conjecture, not upon substantial evidence, and the submission of the instruction would be unreasonable as a matter of law.’ ” State v. Anderson, 350 N.C. 152, 183 , 513 S.E.2d 296, 315 (quoting State v. Daniels, 337 N.C. 243, 273 , 446 S.E.2d 298, 316-17 (1994), cert. denied, 513 U.S. 1135 , 130 L.	1	2002–2002
Skipper v. North Carolina green scotus · 1995 1 sentence 1999Based upon the lack of evidence presented supporting defendant's argument that she acted under duress or the domination of Pierce, "a jury finding of this circumstance would have been based solely upon speculation and conjecture, not upon substantial evidence, and the submission of the instruction would be unreasonable as a matter of law." State v. Daniels, 337 N.C. 243, 273 , 446 S.E.2d 298, 316-17 (1994), cert. denied, 513 U.S. 1135 , 115 S.Ct. 953 , 130 L.Ed.2d 895 (1995).	1	1999–1999
Gillikin v. Burbage green nc · 1965 2 sentences 1998Defendants maintain that since plaintiff failed to produce competent expert medical testimony to support his claim that he suffered a traumatic brain injury in the collision, his evidence with respect to the claim was insufficient to warrant the submission of the claim to the jury in light of Gillikin v. Burbage, 263 N.C. 317 , 139 S.E.2d 753 (1965). 1998Defendants maintain that since plaintiff failed to produce competent expert medical testimony to support his claim that he suffered a traumatic brain injury in the collision, his evidence with respect to the claim was insufficient to warrant the submission of the claim to the jury in light of Gillikin v. Burbage, 263 N.C. 317 , 139 S.E.2d 753 (1965).	1	1998–1998
State v. Richardson green ncctapp · 1993 1 sentence 1995Richardson, 112 N.C.	1	1995–1995
Lockett v. Ohio green scotus · 1978 2 sentences 1994As support for the submission of this instruction, defendant relies on the rule established in Lockett v. Ohio, 438 U.S. 586 , 57 L. 1994As support for the submission of this instruction, defendant relies on the rule established in Lockett v. Ohio, 438 U.S. 586 , 57 L.	1	1994–1994
State v. Marshall Norman Hicks green nc · 1954 2 sentences 1986State v. Hicks, 241 N.C. 156 , 84 S.E. 2d 545 (1954). 1986State v. Hicks, 241 N.C. 156 , 84 S.E. 2d 545 (1954).	1	1986–1986
McCarroll v. State green ala · 1975 2 sentences 1981McCarroll v. State, 294 Ala. 87 , 312 So. 2d 382 (1975). 1981McCarroll v. State, 294 Ala. 87 , 312 So. 2d 382 (1975).	1	1981–1981
Green v. . Casualty Co. neutral nc · 1932 2 sentences 1934Green v. Casualty Co., 203 N. C., 767 , 167 S. E., 38 ; Bulluck v. Ins. 1934Green v. Casualty Co., 203 N. C., 767 , 167 S. E., 38 ; Bulluck v. Ins.	1	1934–1934

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 8C-1 (5) NC § N.C. Gen. Stat. § 15A-2000 (4) NC § N.C. Gen. Stat. § 15A-1222 (3)

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

MO 209 (1895–2025) TX 121 (1931–2026) NY 42 (1862–2025) TN 28 (1991–2026) CO 26 (1920–2017) NC 18 (1915–2021) IA 18 (1920–2019) CA 16 (1911–2025) IL 14 (1892–2025) NM 14 (1935–2026) PA 11 (1857–2023) OK 10 (1921–1995) CT 9 (1936–2013) WA 8 (1912–2016) AZ 8 (1970–2012) AR 8 (1999–2017) MS 7 (1992–2005) MN 7 (1936–2008) MA 7 (1853–2016) NJ 7 (1994–2026) OH 6 (1958–2012) ME 6 (1900–2021) IN 6 (1869–1999) FL 4 (1977–2017) MI 3 (1974–2024) AL 3 (1943–2010) KS 3 (1961–1992) WI 3 (1977–1993) LA 3 (1987–2014) WY 2 (1992–2000) NH 2 (1842–1986) SD 2 (1982–1989) WV 2 (1988–1992) ND 2 (1991–2009) HI 2 (1942–2000) GA 2 (1922–1984) MD 2 (1997–2007) NE 2 (1954–1958) VT 2 (2013–2025)

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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