11 North Carolina opinions name it 2 courts 1953–2018 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 of Missouri v. Blaec James Lammersgreen2 sentences2018App. 3d 418 , 424, 243 Ill.Dec. 621 , 723 N.E.2d 1222 , 1226-27 (2000) ; State v. Lammers , 479 S.W.3d 624 , 633 (Mo. 2016) (en banc). 2018App. 3d 418, 424 , 723 N.E.2d 1222, 1226-27 (2000); State v. Lammers, 479 S.W.3d 624, 633 (Mo. 2016) (en banc). | 1 | 1 |
People v. Hawkinsgreen2 sentences2018In addition to widening the scope of attempt liability, the MPC switches the focus of the attempt analysis to "what the actor has already done rather than what remains to be done." LaFave, Substantive Criminal Law § 11.4(e), at 313 ; see also State v. Daniel B. , 164 Conn. App. 318 , 328-29, 137 A.3d 837 , 846 (2016) ; *430 People v. Hawkins , 311 Ill. 2018In addition to widening the scope of attempt liability, the MPC switches the focus of the attempt analysis to “what the actor has already done rather than what remains to be done.” LaFave, Substantive Criminal Law § 11.4(e), at 313; see also State v. Daniel B., 164 Conn. App. 318 , 328-29, 137 A.3d 837 , 846 (2016); People v. Hawkins, 311 Ill. | 1 | 1 |
State v. Cousergreen1 sentence2011App. 727, 734 , 594 S.E.2d 420, 425 (2004), this Court upheld the delivery of an attempt instruction in a case in which the complainant testified that she was not sure whether the defendant had penetrated her vagina, where she had told others that the defendant had attempted to rape her, and where the abrasions found on her vaginal opening were “not specific to, nor diagnostic of, sexual abuse.” Similarly, in State v. Johnson, 317 N.C. at 436-37 , 347 S.E.2d at 18-19 , the Supreme Court held that an attempt instruction should have been given because the victim had made two statements stating t | 1 | 1 |
White v. Pategreen2 sentences1998Our Supreme Court in White v. Pate, 308 N.C. 759, 766-67 , 304 S.E.2d 199, 204 (1983) set out the governing principles in determining whether a legislative classification violates the equal protection clause as follows: When a governmental classification does not burden the exercise of a fundamental right or operate to the peculiar disadvantage of a suspect class, the lower tier of equal protection analysis requiring that the classification be made upon a rational basis must be applied. 1998Our Supreme Court in White v. Pate, 308 N.C. 759, 766-67 , 304 S.E.2d 199, 204 (1983) set out the governing principles in determining whether a legislative classification violates the equal protection clause as follows: When a governmental classification does not burden the exercise of a fundamental right or operate to the peculiar disadvantage of a suspect class, the lower tier of equal protection analysis requiring that the classification be made upon a rational basis must be applied. | 1 | 1 |
Oregon v. Kennedygreen2 sentences1988Oregon v. Kennedy, 456 U.S. 667, 675-76 , 102 S.Ct. 2083, 2089-90 , 72 L.Ed.2d 416, 424-25 (1982). 1988Oregon v. Kennedy, 456 U.S. 667, 675-76 , 102 S.Ct. 2083, 2089-90 , 72 L.Ed.2d 416, 424-25 (1982). | 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. Carter
green
1 sentence2013Our Supreme Court further held, upon an examination of the substantive question in Carter of whether the error constituted plain error, that, upon the evidence in that case, the “ [defendant has not shown that ‘the jury probably would have returned a different verdict’ if the trial court had provided the attempt instruction” because the defendant had not shown that “the jury would have disregarded any portions of the victim’s testimony stating that he put his penis ‘in’ her anus in favor of those instances in which she said ‘on.’ ” Id. | 1 | 2013–2013 |
State v. Lawrence
green
1 sentence2013Lawrence , 365 N.C. at *501 519, 723 S.E.2d at 335 . | 1 | 2013–2013 |
State v. Johnson
red
2 sentences2011App. 727, 734 , 594 S.E.2d 420, 425 (2004), this Court upheld the delivery of an attempt instruction in a case in which the complainant testified that she was not sure whether the defendant had penetrated her vagina, where she had told others that the defendant had attempted to rape her, and where the abrasions found on her vaginal opening were “not specific to, nor diagnostic of, sexual abuse.” Similarly, in State v. Johnson, 317 N.C. at 436-37 , 347 S.E.2d at 18-19 , the Supreme Court held that an attempt instruction should have been given because the victim had made two statements stating t 2011App. 727, 734 , 594 S.E.2d 420, 425 (2004), this Court upheld the delivery of an attempt instruction in a case in which the complainant testified that she was not sure whether the defendant had penetrated her vagina, where she had told others that the defendant had attempted to rape her, and where the abrasions found on her vaginal opening were “not specific to, nor diagnostic of, sexual abuse.” Similarly, in State v. Johnson, 317 N.C. at 436-37 , 347 S.E.2d at 18-19 , the Supreme Court held that an attempt instruction should have been given because the victim had made two statements stating t | 1 | 2011–2011 |
State v. Williams
green
2 sentences2007Id. 2007Id. | 1 | 2007–2007 |
State v. McMorris
green
2 sentences1994The State says the argument “was clearly an attempt by the defense to suggest to the jury that they should return a verdict of not guilty because the potential punishment was so severe.” In State v. McMorris, 290 N.C. 286 , 225 S.E.2d 553 (1976), we said that a defendant’s attorney should not be permitted to argue that a defendant should be acquitted because of the severity of the punishment or to question the appropriateness of the punishment. 1994The State says the argument “was clearly an attempt by the defense to suggest to the jury that they should return a verdict of not guilty because the potential punishment was so severe.” In State v. McMorris, 290 N.C. 286 , 225 S.E.2d 553 (1976), we said that a defendant’s attorney should not be permitted to argue that a defendant should be acquitted because of the severity of the punishment or to question the appropriateness of the punishment. | 1 | 1994–1994 |
State v. Boone
green
2 sentences1987State v. Boone, 307 N.C. 198 , 297 S.E. 2d 585 (1982). 1987State v. Boone, 307 N.C. 198 , 297 S.E. 2d 585 (1982). | 1 | 1987–1987 |
State v. Smith
green
2 sentences1987State v. Smith, 315 N.C. 76 , 337 S.E. 2d 833 (1985). 1987State v. Smith, 315 N.C. 76 , 337 S.E. 2d 833 (1985). | 1 | 1987–1987 |
People v. Monigan
green
1 sentence1984People v. Monigan, 72 Ill. | 1 | 1984–1984 |
Greene v. Spivey
green
2 sentences1953Sprinkle v. Reidsville, 235 N.C. 140 , 69 S.E. 2d 179 ; Greene v. Spivey, 236 N.C. 435 , 73 S.E. 2d 488 . 1953Sprinkle v. Reidsville, 235 N.C. 140 , 69 S.E. 2d 179 ; Greene v. Spivey, 236 N.C. 435 , 73 S.E. 2d 488 . | 1 | 1953–1953 |
Sprinkle v. City of Reidsville
neutral
2 sentences1953Sprinkle v. Reidsville, 235 N.C. 140 , 69 S.E. 2d 179 ; Greene v. Spivey, 236 N.C. 435 , 73 S.E. 2d 488 . 1953Sprinkle v. Reidsville, 235 N.C. 140 , 69 S.E. 2d 179 ; Greene v. Spivey, 236 N.C. 435 , 73 S.E. 2d 488 . | 1 | 1953–1953 |
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.