15 North Carolina opinions name it 2 courts 1984–2025 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.
| Case | Followed | Cited |
|---|---|---|
State v. Garnergreen2 sentences2025Where “a defendant requests an instruction which is supported by the evidence and is a correct statement of the law, the trial court must give the instruction, at least in substance.” State v. Garner, 340 N.C. 573, 594 (1995) (citations omitted). 2011“It is well established that *93 when a defendant requests an instruction which is supported by the evidence and is a correct statement of the law, the trial court must give the instruction, at least in substance.” State v. Garner, 340 N.C. 573, 594 , 459 S.E.2d 718, 729 (1995) (citations omitted). | 6 | 6 |
State v. Mashgreen2 sentences1999When a defendant requests an instruction for voluntary intoxication, he essentially concedes that he was in control of his physical actions but submits that his reason was so “ ‘overthrown as to render him utterly incapable of forming a deliberate and premeditated purpose to kill.’ ” State v. Boyd, 343 N.C. 699, 713 , 473 S.E.2d 327, 334 (1996) (quoting State v. Mash, 323 N.C. 339, 346 , 372 S.E.2d 532, 536 (1988)), cert. denied, 519 U.S. 1096 , 136 L. 1999When a defendant requests an instruction for voluntary intoxication, he essentially concedes that he was in control of his physical actions but submits that his reason was so “ ‘overthrown as to render him utterly incapable of forming a deliberate and premeditated purpose to kill.’ ” State v. Boyd, 343 N.C. 699, 713 , 473 S.E.2d 327, 334 (1996) (quoting State v. Mash, 323 N.C. 339, 346 , 372 S.E.2d 532, 536 (1988)), cert. denied, 519 U.S. 1096 , 136 L. | 3 | 3 |
State v. Gardnergreen2 sentences2020“A limiting instruction is required only when evidence of a prior conviction is elicited on cross-examination of a defendant and the defendant requests the instruction.” State v. Gardner, 68 N.C. 2020“A limiting instruction is required only when evidence of a prior conviction is elicited on cross-examination of a defendant and the defendant requests the instruction.” State v. Gardner, 68 N.C. | 3 | 3 |
State v. McPhailgreen2 sentences2024While error is clearly invited when a defendant requests the instruction at issue, see State v. McPhail, 329 N.C. 636 , 643–44, 406 S.E.2d 591, 596 (1991) (finding invited error where the defendant specifically requested the trial court read the pattern jury instruction on confessions), this Court has held that defense counsel’s mere failure to object to proposed instruction does not constitute invited error. 2024While error is clearly invited when a defendant requests the instruction at issue, see State v. McPhail, 329 N.C. 636 , 643–44, 406 S.E.2d 591, 596 (1991) (finding invited error where the defendant specifically requested the trial court read the pattern jury instruction on confessions), this Court has held that defense counsel’s mere failure to object to proposed instruction does not constitute invited error. | 1 | 1 |
State v. Hammondsgreen2 sentences2016Proceeding from the premise that the prosecutor said something he did not say, the majority comments that “the only reasonable inference to be drawn from the evidence presented at trial is that it is highly unlikely that defendant would be able 9 Under this Court’s holding in State v. Hammonds, when a defendant requests an instruction on the commitment procedure and proceedings that follow a verdict of not guilty by reason of insanity, and has presented evidence to support that verdict, the trial court must provide the appropriate instruction. 290 N.C. 1, 15 , 224 S.E.2d 595, 604 (1976). 2016Proceeding from the premise that the prosecutor said something he did not say, the majority comments that “the only reasonable inference to be drawn from the evidence presented at trial is that it is highly unlikely that defendant would be able 9 Under this Court’s holding in State v. Hammonds, when a defendant requests an instruction on the commitment procedure and proceedings that follow a verdict of not guilty by reason of insanity, and has presented evidence to support that verdict, the trial court must provide the appropriate instruction. 290 N.C. 1, 15 , 224 S.E.2d 595, 604 (1976). | 1 | 1 |
State v. Boydgreen2 sentences1999When a defendant requests an instruction for voluntary intoxication, he essentially concedes that he was in control of his physical actions but submits that his reason was so “ ‘overthrown as to render him utterly incapable of forming a deliberate and premeditated purpose to kill.’ ” State v. Boyd, 343 N.C. 699, 713 , 473 S.E.2d 327, 334 (1996) (quoting State v. Mash, 323 N.C. 339, 346 , 372 S.E.2d 532, 536 (1988)), cert. denied, 519 U.S. 1096 , 136 L. 1999When a defendant requests an instruction for voluntary intoxication, he essentially concedes that he was in control of his physical actions but submits that his reason was so “ ‘overthrown as to render him utterly incapable of forming a deliberate and premeditated purpose to kill.’ ” State v. Boyd, 343 N.C. 699, 713 , 473 S.E.2d 327, 334 (1996) (quoting State v. Mash, 323 N.C. 339, 346 , 372 S.E.2d 532, 536 (1988)), cert. denied, 519 U.S. 1096 , 136 L. | 1 | 1 |
State v. Skippergreen2 sentences1995See State v. Skipper, 337 N.C. 1, 43 , 446 S.E.2d 252, 275 (1994), cert. denied, - U.S. -, 130 L. 1995See State v. Skipper, 337 N.C. 1, 43 , 446 S.E.2d 252, 275 (1994), cert. denied, - U.S. -, 130 L. | 1 | 1 |
State v. Fullwoodgreen2 sentences1992Fullwood, 323 N.C. at 390, 373 S.E.2d at 529 . 1992Fullwood, 323 N.C. at 390, 373 S.E.2d at 529 . | 1 | 1 |
State v. Watsongreen2 sentences1984See State v. Watson, 294 N.C. 159 , 240 S.E.2d 440 (1978). 1984See State v. Watson, 294 N.C. 159 , 240 S.E.2d 440 (1978). | 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. Gardner
green
2 sentences2020App. 515, 522 , 316 S.E.2d 131, 134 (1984), aff’d, 315 N.C. 444 , 340 S.E.2d 701 (1986) (citations omitted). 2020App. 515, 522 , 316 S.E.2d 131, 134 (1984), aff’d, 315 N.C. 444 , 340 S.E.2d 701 (1986) (citations omitted). | 2 | 2020–2020 |
Maxson v. Court of Appeal
green
2 sentences2001“It is well established that when a defendant requests an instruction which is supported by the evidence and is a correct statement of the law, the trial court must give the instruction, at least in substance.” State v. Garner, 340 N.C. 573, 594 , 459 S.E.2d 718, 729 (1995), *396 cert. denied, 516 U.S. 1129 , 133 L. 2000We disagree. “[W]hen a defendant requests an instruction which is supported by the evidence and is a correct statement of the law, the trial court must give the instruction, at least in substance.” State v. Garner, 340 N.C. 573, 594 , 459 S.E.2d 718, 729 (1995), cert. denied, 516 U.S. 1129 , 133 L. | 2 | 2000–2001 |
Sweeney v. United States
green
2 sentences2001“It is well established that when a defendant requests an instruction which is supported by the evidence and is a correct statement of the law, the trial court must give the instruction, at least in substance.” State v. Garner, 340 N.C. 573, 594 , 459 S.E.2d 718, 729 (1995), *396 cert. denied, 516 U.S. 1129 , 133 L. 2000We disagree. “[W]hen a defendant requests an instruction which is supported by the evidence and is a correct statement of the law, the trial court must give the instruction, at least in substance.” State v. Garner, 340 N.C. 573, 594 , 459 S.E.2d 718, 729 (1995), cert. denied, 516 U.S. 1129 , 133 L. | 2 | 2000–2001 |
State v. Harding
green
1 sentence2024Specifically, in State v. Harding, we considered whether the trial court’s allegedly erroneous jury instruction constituted invited error where the defendant “failed to object, actively participated in crafting the challenged instruction, and affirmed it was ‘fine.’” 258 N.C. | 1 | 2024–2024 |
Wayne v. Benson
green
1 sentence1999When a defendant requests an instruction for voluntary intoxication, he essentially concedes that he was in control of his physical actions but submits that his reason was so “ ‘overthrown as to render him utterly incapable of forming a deliberate and premeditated purpose to kill.’ ” State v. Boyd, 343 N.C. 699, 713 , 473 S.E.2d 327, 334 (1996) (quoting State v. Mash, 323 N.C. 339, 346 , 372 S.E.2d 532, 536 (1988)), cert. denied, 519 U.S. 1096 , 136 L. | 1 | 1999–1999 |
Foti v. United States District Court for the Northern District of California
green
1 sentence1999When a defendant requests an instruction for voluntary intoxication, he essentially concedes that he was in control of his physical actions but submits that his reason was so “ ‘overthrown as to render him utterly incapable of forming a deliberate and premeditated purpose to kill.’ ” State v. Boyd, 343 N.C. 699, 713 , 473 S.E.2d 327, 334 (1996) (quoting State v. Mash, 323 N.C. 339, 346 , 372 S.E.2d 532, 536 (1988)), cert. denied, 519 U.S. 1096 , 136 L. | 1 | 1999–1999 |
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.