11 North Carolina opinions name it 2 courts 1994–2022 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 |
|---|---|---|
Tyndall Ex Rel. Tyndall v. Harvey C. Hines Co.green2 sentences2022Although this Court has held that the opinions of law enforcement officers can carry great weight with the members of a jury, Tyndall, 226 N.C. at 623 (stating that “[t]he witness was a State [highway patrolman] whose duty it was to make a disinterested and impartial investigation” and whose “testimony should, and no doubt did, carry great weight with the jury”), that fact alone does not suffice to necessitate a finding of plain error in this case given the strength of the State’s case against defendant. 2022Although this Court has held that the opinions of law enforcement officers can carry great weight with the members of a jury, Tyndall, 226 N.C. at 623 (stating that “[t]he witness was a State [highway patrolman] whose duty it was to make a disinterested and impartial investigation” and whose “testimony should, and no doubt did, carry great weight with the jury”), that fact alone does not suffice to necessitate a finding of plain error in this case given the strength of the State’s case against defendant. | 2 | 2 |
State v. Alexandergreen2 sentences2012See State v. Elmore, 337 N.C. 789, 792-93 , 448 S.E.2d 501, 502-03 (1994) (holding error harmless beyond a reasonable doubt where a federal agent testified that the defendant said he wanted to consult with an attorney before talking about the matter; and noting that the violation, if any, was de minimis, that the statement was not solicited by the prosecutor, and that the prosecutor did not cross-examine the defendant about exercising his right to remain silent, nor did he refer to the statement in closing arguments); State v. Alexander, 337 N.C. 182, 196 , 446 S.E.2d 83, 91 (1994) (holding no 2012See State v. Elmore, 337 N.C. 789, 792-93 , 448 S.E.2d 501, 502-03 (1994) (holding error harmless beyond a reasonable doubt where a federal agent testified that the defendant said he wanted to consult with an attorney before talking about the matter; and noting that the violation, if any, was de minimis, that the statement was not solicited by the prosecutor, and that the prosecutor did not cross-examine the defendant about exercising his right to remain silent, nor did he refer to the statement in closing arguments); State v. Alexander, 337 N.C. 182, 196 , 446 S.E.2d 83, 91 (1994) (holding no | 1 | 1 |
State v. Elmoregreen2 sentences2012See State v. Elmore, 337 N.C. 789, 792-93 , 448 S.E.2d 501, 502-03 (1994) (holding error harmless beyond a reasonable doubt where a federal agent testified that the defendant said he wanted to consult with an attorney before talking about the matter; and noting that the violation, if any, was de minimis, that the statement was not solicited by the prosecutor, and that the prosecutor did not cross-examine the defendant about exercising his right to remain silent, nor did he refer to the statement in closing arguments); State v. Alexander, 337 N.C. 182, 196 , 446 S.E.2d 83, 91 (1994) (holding no 2012See State v. Elmore, 337 N.C. 789, 792-93 , 448 S.E.2d 501, 502-03 (1994) (holding error harmless beyond a reasonable doubt where a federal agent testified that the defendant said he wanted to consult with an attorney before talking about the matter; and noting that the violation, if any, was de minimis, that the statement was not solicited by the prosecutor, and that the prosecutor did not cross-examine the defendant about exercising his right to remain silent, nor did he refer to the statement in closing arguments); State v. Alexander, 337 N.C. 182, 196 , 446 S.E.2d 83, 91 (1994) (holding no | 1 | 1 |
State v. Ferebeegreen2 sentences2009“Where a defendant fails to make a proper objection at trial, he waives the issue on appeal, absent a finding of plain error.” State v. Ferebee, 177 N.C. 2009App. 785, 789 , 630 S.E.2d 460, 463 (2006) (citations omitted). | 1 | 1 |
State v. McNeilgreen2 sentences2006State v. McNeil, 350 N.C. 657, 691 , 518 S.E.2d 486, 507 (1999). 2006State v. McNeil, 350 N.C. 657, 691 , 518 S.E.2d 486, 507 (1999). | 1 | 1 |
State v. Holdergreen2 sentences1995The trial court gave the substance of the instruction defendant requested. “[W]hen a request is made for a specific instruction that is supported by the evidence and is a correct statement of the law, the court, although not required to give the requested instruction verbatim, must charge the jury in substantial conformity therewith.” State v. Holder, 331 N.C. 462, 474 , 418 S.E.2d 197, 203 (1992). 1995The trial court gave the substance of the instruction defendant requested. “[W]hen a request is made for a specific instruction that is supported by the evidence and is a correct statement of the law, the court, although not required to give the requested instruction verbatim, must charge the jury in substantial conformity therewith.” State v. Holder, 331 N.C. 462, 474 , 418 S.E.2d 197, 203 (1992). | 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. Lawrence
green
2 sentences2018ANALYSIS A. Jury Instructions At trial, Defendant failed to object to the instructions regarding the charge of felonious child abuse by sexual act in violation of N.C.G.S. § 14-318.4(a2) (1991). 4 Therefore, the trial court's decision will only be overturned upon a finding of plain error. *587 State v. Lawrence , 365 N.C. 506 , 516, 723 S.E.2d 326 , 333 (2012). "[T]he North Carolina plain error standard of review [for jury instructions] applies only when the alleged error is unpreserved[.]" Id. 2018ANALYSIS A. Jury Instructions At trial, Defendant failed to object to the instructions regarding the charge of felonious child abuse by sexual act in violation of N.C.G.S. § 14-318.4(a2) (1991). 4 Therefore, the trial court's decision will only be overturned upon a finding of plain error. *587 State v. Lawrence , 365 N.C. 506 , 516, 723 S.E.2d 326 , 333 (2012). "[T]he North Carolina plain error standard of review [for jury instructions] applies only when the alleged error is unpreserved[.]" Id. | 2 | 2016–2018 |
State v. Jordan
green
2 sentences2018"Under the plain error rule, defendant must convince this Court not only that there was error, but that absent the error, the jury probably would have reached a different result." State v. Jordan , 333 N.C. 431 , 440, 426 S.E.2d 692 , 697 (1993). 2018"Under the plain error rule, defendant must convince this Court not only that there was error, but that absent the error, the jury probably would have reached a different result." State v. Jordan , 333 N.C. 431 , 440, 426 S.E.2d 692 , 697 (1993). | 1 | 2018–2018 |
State v. Moore
green
1 sentence2013Moore, _ N.C. at _, 726 S.E.2d at 173 -74 (quoting Black, 308 N.C. at 741 , 303 S.E.2d at 807 ) (other citations omitted). | 1 | 2013–2013 |
State v. Black
green
2 sentences2013Moore, _ N.C. at _, 726 S.E.2d at 173 -74 (quoting Black, 308 N.C. at 741 , 303 S.E.2d at 807 ) (other citations omitted). 2013Moore, _ N.C. at _, 726 S.E.2d at 173 -74 (quoting Black, 308 N.C. at 741 , 303 S.E.2d at 807 ) (other citations omitted). | 1 | 2013–2013 |
State v. Reid
green
2 sentences2011Reid, 322 N.C. at 313 , 367 S.E.2d at 674 . 2011Reid, 322 N.C. at 313 , 367 S.E.2d at 674 . | 1 | 2011–2011 |
State v. Odom
green
1 sentence1994Id. at 661, 300 S.E.2d at 378 . | 1 | 1994–1994 |
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.