curative jury instruction (North Carolina) · Go Syfert
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curative jury instruction in North Carolina

13 North Carolina opinions name it 2 courts 1992–2026 3 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 (8)

CaseFollowedCited
State v. Williamsongreen
nc · 1992 · cited in 7 North Carolina opinions naming this issue, 1994–2026
2 sentences

2026Curative instruction Defendant argues, without a curative instruction, the jury “could freely speculate regarding the seriousness of [Defendant’s] prior federal conviction(s) and the length of his prior federal prison sentence[.]” However, our Supreme Court has held “[a] trial court does not err by failing to give a curative jury instruction when, as here, it is not requested by the defense.” State v. Williamson, 333 N.C. at 139 , 423 S.E.2d at 772 (citing State v. Locklear, 322 N.C. 349, 359 , 368 S.E.2d 377, 383 (1988)).

2026Curative instruction Defendant argues, without a curative instruction, the jury “could freely speculate regarding the seriousness of [Defendant’s] prior federal conviction(s) and the length of his prior federal prison sentence[.]” However, our Supreme Court has held “[a] trial court does not err by failing to give a curative jury instruction when, as here, it is not requested by the defense.” State v. Williamson, 333 N.C. at 139 , 423 S.E.2d at 772 (citing State v. Locklear, 322 N.C. 349, 359 , 368 S.E.2d 377, 383 (1988)).

57
State v. Lockleargreen
nc · 1988 · cited in 3 North Carolina opinions naming this issue, 1992–2026
2 sentences

2026Curative instruction Defendant argues, without a curative instruction, the jury “could freely speculate regarding the seriousness of [Defendant’s] prior federal conviction(s) and the length of his prior federal prison sentence[.]” However, our Supreme Court has held “[a] trial court does not err by failing to give a curative jury instruction when, as here, it is not requested by the defense.” State v. Williamson, 333 N.C. at 139 , 423 S.E.2d at 772 (citing State v. Locklear, 322 N.C. 349, 359 , 368 S.E.2d 377, 383 (1988)).

2026Curative instruction Defendant argues, without a curative instruction, the jury “could freely speculate regarding the seriousness of [Defendant’s] prior federal conviction(s) and the length of his prior federal prison sentence[.]” However, our Supreme Court has held “[a] trial court does not err by failing to give a curative jury instruction when, as here, it is not requested by the defense.” State v. Williamson, 333 N.C. at 139 , 423 S.E.2d at 772 (citing State v. Locklear, 322 N.C. 349, 359 , 368 S.E.2d 377, 383 (1988)).

33
State v. Williamsgreen
nc · 1999 · cited in 4 North Carolina opinions naming this issue, 2000–2023
2 sentences

2023Nevertheless, “it is not error for the trial court to fail to give a curative jury instruction after sustaining an objection, when defendant does not request such an instruction.” State v. Williams, 350 N.C. 1, 24 , 510 S.E.2d 626, 642 (1999).

2023Nevertheless, “it is not error for the trial court to fail to give a curative jury instruction after sustaining an objection, when defendant does not request such an instruction.” State v. Williams, 350 N.C. 1, 24 , 510 S.E.2d 626, 642 (1999).

24
State v. Norwoodgreen
nc · 1996 · cited in 2 North Carolina opinions naming this issue, 1999–2010
2 sentences

2010Moreover, “a trial court does not commit reversible error when it fails to give a curative jury instruction absent a request by defendant.” State v. Williams, 350 N.C. 1, 24 , 510 S.E.2d 626, 641 (1999) (citing State v. Norwood, 344 N.C. 511, 537 , 476 S.E.2d 349, 361 (1996); State v. Rowsey, 343 N.C. 603, 628 , 472 S.E.2d 903, 916 (1996)).

2010Moreover, “a trial court does not commit reversible error when it fails to give a curative jury instruction absent a request by defendant.” State v. Williams, 350 N.C. 1, 24 , 510 S.E.2d 626, 641 (1999) (citing State v. Norwood, 344 N.C. 511, 537 , 476 S.E.2d 349, 361 (1996); State v. Rowsey, 343 N.C. 603, 628 , 472 S.E.2d 903, 916 (1996)).

22
State v. Gordongreen
ncctapp · 2016 · cited in 1 North Carolina opinions naming this issue, 2023–2023
2 sentences

2023General instructions given at the outset of a trial may be “sufficient to cure any prejudicial effect suffered by [a] defendant regarding evidence to which an objection was raised and sustained.” State v. Gordon, 248 N.C. App. 403, 412 , 789 S.E.2d 659, 666 (2016).

2023General instructions given at the outset of a trial may be “sufficient to cure any prejudicial effect suffered by [a] defendant regarding evidence to which an objection was raised and sustained.” State v. Gordon, 248 N.C. App. 403, 412 , 789 S.E.2d 659, 666 (2016).

11
State v. Huntergreen
ncctapp · 2010 · cited in 1 North Carolina opinions naming this issue, 2016–2016
2 sentences

2016We reject this argument because the North Carolina Supreme Court and this Court have held "it is not error for the trial court to fail to give a curative jury instruction after sustaining an objection, when defendant does not request such an instruction." State v. Williams, 350 N.C. 1 , 24, 510 S.E.2d 626 , 642, cert. denied, 528 U.S. 880 , 120 S.Ct. 193 , 145 L.Ed.2d 162 (1999) ; see also State v. Hunter, 208 N.C.App. 506 , 517, 703 S.E.2d 776 , 784 (2010) ; State v. Williamson, 333 N.C. 128 , 423 S.E.2d 766 (1992).

2016We reject this argument because the North Carolina Supreme Court and this Court have held "it is not error for the trial court to fail to give a curative jury instruction after sustaining an objection, when defendant does not request such an instruction." State v. Williams, 350 N.C. 1 , 24, 510 S.E.2d 626 , 642, cert. denied, 528 U.S. 880 , 120 S.Ct. 193 , 145 L.Ed.2d 162 (1999) ; see also State v. Hunter, 208 N.C.App. 506 , 517, 703 S.E.2d 776 , 784 (2010) ; State v. Williamson, 333 N.C. 128 , 423 S.E.2d 766 (1992).

11
State v. Rowseygreen
nc · 1996 · cited in 1 North Carolina opinions naming this issue, 2010–2010
2 sentences

2010Moreover, “a trial court does not commit reversible error when it fails to give a curative jury instruction absent a request by defendant.” State v. Williams, 350 N.C. 1, 24 , 510 S.E.2d 626, 641 (1999) (citing State v. Norwood, 344 N.C. 511, 537 , 476 S.E.2d 349, 361 (1996); State v. Rowsey, 343 N.C. 603, 628 , 472 S.E.2d 903, 916 (1996)).

2010Moreover, “a trial court does not commit reversible error when it fails to give a curative jury instruction absent a request by defendant.” State v. Williams, 350 N.C. 1, 24 , 510 S.E.2d 626, 641 (1999) (citing State v. Norwood, 344 N.C. 511, 537 , 476 S.E.2d 349, 361 (1996); State v. Rowsey, 343 N.C. 603, 628 , 472 S.E.2d 903, 916 (1996)).

11
State v. Bartongreen
nc · 1994 · cited in 1 North Carolina opinions naming this issue, 2005–2005
2 sentences

2005Our Supreme Court has held that, where a trial court sustains an objection but a defendant fails to move to strike that which was objectionable and fails to request a curative instruction, “[t]he trial court [has taken] sufficient action by sustaining the defendant’s objection and was not required either to strike the testimony or to give a curative jury instruction.” State v. Barton, 335 N.C. 696, 709-10 , 441 S.E.2d 295, 302 (1994).

2005Our Supreme Court has held that, where a trial court sustains an objection but a defendant fails to move to strike that which was objectionable and fails to request a curative instruction, “[t]he trial court [has taken] sufficient action by sustaining the defendant’s objection and was not required either to strike the testimony or to give a curative jury instruction.” State v. Barton, 335 N.C. 696, 709-10 , 441 S.E.2d 295, 302 (1994).

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 (2)

CaseCitedYears
Williams v. North Carolina green
scotus · 1999
1 sentence

2016We reject this argument because the North Carolina Supreme Court and this Court have held "it is not error for the trial court to fail to give a curative jury instruction after sustaining an objection, when defendant does not request such an instruction." State v. Williams, 350 N.C. 1 , 24, 510 S.E.2d 626 , 642, cert. denied, 528 U.S. 880 , 120 S.Ct. 193 , 145 L.Ed.2d 162 (1999) ; see also State v. Hunter, 208 N.C.App. 506 , 517, 703 S.E.2d 776 , 784 (2010) ; State v. Williamson, 333 N.C. 128 , 423 S.E.2d 766 (1992).

12016–2016
Lorenz v. Martin Marietta Corp. green
scotus · 1997
1 sentence

1999State v. Norwood, 344 N.C. 511, 537 , 476 S.E.2d 349, 361 (1996), cert. denied,-U.S.-, 137 L.

11999–1999

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 8C-1 (7) NC § N.C. Gen. Stat. § 15A-2000 (5) NC § N.C. Gen. Stat. § 15A-1443 (4) NC § N.C. Gen. Stat. § 15A-1061 (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

TN 35 (2003–2026) IL 15 (2001–2025) MI 14 (1980–2026) WA 14 (2009–2021) NC 13 (1992–2026) ID 12 (1999–2023) OH 11 (1999–2026) TX 7 (1989–2014) NJ 7 (1995–2025) NV 7 (1998–2019) ND 6 (2018–2025) OR 6 (2013–2026) UT 6 (1988–2025) GA 6 (1993–2020) PA 6 (2009–2023) DE 5 (2016–2025) AZ 5 (1995–2025) WI 4 (2021–2025) MA 4 (2008–2024) NH 3 (1987–2020) CA 3 (1988–2022) ME 3 (2007–2018) NM 2 (2013–2016) WV 2 (2016–2026) DC 2 (2006–2023)

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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