erroneous deviation instruction (North Carolina) · Go Syfert
← North Carolina issues

erroneous deviation instruction in North Carolina

13 North Carolina opinions name it 2 courts 2018–2026 6 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 (2)

CaseFollowedCited
State v. Leegreen
nc · 2018 · cited in 9 North Carolina opinions naming this issue, 2018–2026
2 sentences

2026Nevertheless, when “a trial court agrees to give a requested pattern instruction, an erroneous deviation from that instruction is preserved for appellate review without further request or objection.” State v. Lee, 370 N.C. 671, 676 , 811 S.E.2d 563, 567 (2018) (explaining that where a trial court agreed to instruct the jury on self-defense, but omitted part of such pattern language in the jury’s instruction and failed to give the parties notice of such omission, this substantive deviation preserved this issue for appellate review despite the defendant’s lack of objection). [A] request for an i

2026Nevertheless, when “a trial court agrees to give a requested pattern instruction, an erroneous deviation from that instruction is preserved for appellate review without further request or objection.” State v. Lee, 370 N.C. 671, 676 , 811 S.E.2d 563, 567 (2018) (explaining that where a trial court agreed to instruct the jury on self-defense, but omitted part of such pattern language in the jury’s instruction and failed to give the parties notice of such omission, this substantive deviation preserved this issue for appellate review despite the defendant’s lack of objection). [A] request for an i

89
State v. Rossgreen
nc · 1988 · cited in 5 North Carolina opinions naming this issue, 2018–2026
2 sentences

2018However, "[w]hen a trial court agrees to give a requested pattern instruction, an erroneous deviation from that instruction is preserved for appellate review without further request or objection." State v. Lee , 370 N.C. 671 , 676, 811 S.E.2d 563 , 567 (2018). "[A] request for an instruction at the charge conference is sufficient compliance with the rule to warrant our full review on appeal where the requested instruction is subsequently promised but not given, notwithstanding any failure to bring the error to the trial judge's attention at the end of the instructions." Id . (quoting State v.

2018However, "[w]hen a trial court agrees to give a requested pattern instruction, an erroneous deviation from that instruction is preserved for appellate review without further request or objection." State v. Lee , 370 N.C. 671 , 676, 811 S.E.2d 563 , 567 (2018). "[A] request for an instruction at the charge conference is sufficient compliance with the rule to warrant our full review on appeal where the requested instruction is subsequently promised but not given, notwithstanding any failure to bring the error to the trial judge's attention at the end of the instructions." Id . (quoting State v.

45

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 (1)

CaseCitedYears
State v. Richardson green
ncctapp · 2020
2 sentences

2025Defendant cites to this Court’s decision in Richardson to support his contention that “[w]hen a trial court agrees to give a requested pattern instruction, an erroneous deviation from that instruction is preserved for appellate review without further request or objection.” State v. Richardson, 270 N.C. App. 149 , 153, 838 S.E.2d 470 , 474 (2020).

2025Defendant cites to this Court’s decision in Richardson to support his contention that “[w]hen a trial court agrees to give a requested pattern instruction, an erroneous deviation from that instruction is preserved for appellate review without further request or objection.” State v. Richardson, 270 N.C. App. 149 , 153, 838 S.E.2d 470 , 474 (2020).

12025–2025

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 15A-1443 (6) NC § N.C. Gen. Stat. § 14-51.3 (4)

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.

← Caselaw search · G Cite Topics · Brief Check