flagrant violation (North Carolina) · Go Syfert
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flagrant violation in North Carolina

11 North Carolina opinions name it 2 courts 1916–2025 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 (2)

CaseFollowedCited
State v. Huntgreen
nc · 2016 · cited in 2 North Carolina opinions naming this issue, 2021–2021
2 sentences

2021Dep’t of Transp., 368 N.C. 847, 856 , 786 S.E.2d 919, 926 (2016).

2021Dep’t of Transp., 368 N.C. 847, 856 , 786 S.E.2d 919, 926 (2016).

22
Commissioner v. . Hendersongreen
nc · 1913 · cited in 1 North Carolina opinions naming this issue, 2005–2005
2 sentences

2005Respondent's plan gives new meaning to the phrase "taxation without representation" and adds to that phrase "or anything else." See e.g., The Declaration of Independence para. 1 (U.S.1776); see also Bd. of Commissioners of Vance County v. Town of Henderson, 163 N.C. 114 , 120, 79 S.E. 442 , 444 (1913) ("Taxation without representation often leads to the exercise of arbitrary and even despotic power, and is not tolerated or permitted in our system of government.").

2005Respondent's plan gives new meaning to the phrase "taxation without representation" and adds to that phrase "or anything else." See e.g., The Declaration of Independence para. 1 (U.S.1776); see also Bd. of Commissioners of Vance County v. Town of Henderson, 163 N.C. 114 , 120, 79 S.E. 442 , 444 (1913) ("Taxation without representation often leads to the exercise of arbitrary and even despotic power, and is not tolerated or permitted in our system of government.").

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 (11)

CaseCitedYears
Kirby v. North Carolina Department of Transportation green
nc · 2016
2 sentences

2021Dep’t of Transp., 368 N.C. 847, 856 , 786 S.E.2d 919, 926 (2016).

2021Dep’t of Transp., 368 N.C. 847, 856 , 786 S.E.2d 919, 926 (2016).

22021–2021
Brady v. Maryland green
scotus · 1963
2 sentences

2013Destruction of Human Remains The State first argues that the trial court erred in finding that the destruction of the purported bones of Ms. Boxley resulted in a flagrant violation of Defendant’s constitutional right to due process under Brady v. Maryland, 373 U.S. 83 (1963), and its progeny.

2013In Brady , the United States Supreme Court held that “suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution.” Id. at 87 .

22008–2013
State v. . Manuel green
nc · 1838
1 sentence

2025This Court stated that it could do so only when “the act complained of . . . contains such a flagrant violation of all discretion as to show a disregard of constitutional restraints.” Id. -26- STATE V.

12025–2025
State v. Williams green
ncctapp · 2008
1 sentence

2018App. 301 , 660 S.E.2d 189 (2008) (affirming the trial court's dismissal of a defendant's felonious assault charges based upon a flagrant violation of the defendant's due process rights under Brady ).

12018–2018
State v. Wilson green
ncctapp · 2013
2 sentences

2014Likewise, in the instant case, while defendant’s motion to dismiss asserts that the warrantless blood draw was a flagrant violation of his constitutional rights, “his motion in no way details how there was irreparable damage to the preparation of his case as a result” and “defendant has made no such argument on appeal.” See id.

2014Thus, pursuant to Wilson, “the only appropriate action by the trial court under the circumstances of the present case was to consider suppression of the evidence as the proper remedy if a constitutional violation was found.” See id.

12014–2014
State v. Ferguson neutral
ncctapp · 1988
1 sentence

1990App. 513 , 369 S.E.2d 378 , disc. rev. denied, 323 N.C. 367 , 373 S.E.2d 551 (1988), this Court held that if a witness arrived timely under the breathalyzer statute and was unable to gain access to the accused despite reasonable efforts to do so, it would constitute a flagrant violation of defendant’s constitutional right to gather witnesses and would require dismissal of all charges.

11990–1990
State v. Campbell green
nc · 1988
1 sentence

1990App. 513 , 369 S.E.2d 378 , disc. rev. denied, 323 N.C. 367 , 373 S.E.2d 551 (1988), this Court held that if a witness arrived timely under the breathalyzer statute and was unable to gain access to the accused despite reasonable efforts to do so, it would constitute a flagrant violation of defendant’s constitutional right to gather witnesses and would require dismissal of all charges.

11990–1990
State v. Hildreth green
nc · 1988
1 sentence

1990App. 513 , 369 S.E.2d 378 , disc. rev. denied, 323 N.C. 367 , 373 S.E.2d 551 (1988), this Court held that if a witness arrived timely under the breathalyzer statute and was unable to gain access to the accused despite reasonable efforts to do so, it would constitute a flagrant violation of defendant’s constitutional right to gather witnesses and would require dismissal of all charges.

11990–1990
State v. . Woodlief green
nc · 1916
1 sentence

1925S. v. Miller, 94 N. C., 904 ; S. v. Woodlief, 172 N. C., 885 .

11925–1925
State v. . Miller neutral
nc · 1886
1 sentence

1925S. v. Miller, 94 N. C., 904 ; S. v. Woodlief, 172 N. C., 885 .

11925–1925
State v. . Hamby green
nc · 1900
1 sentence

1916In S. v. Hamby , 126 N.C. 1066 , the defendant was convicted of carrying concealed weapons and sentenced to confinement in the county jail for two years, and assigned to work on the public roads.

11916–1916

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 15A-954 (5)

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

IL 40 (1922–2014) AL 37 (1847–2012) CA 24 (1908–2026) TX 19 (1911–2022) FL 16 (1918–2021) UT 14 (1989–2022) MS 13 (1910–2021) NY 13 (1920–2008) MI 12 (1946–2024) NC 11 (1916–2025) IA 10 (1963–2026) PA 9 (1841–2023) IN 8 (1986–2015) TN 8 (1872–2023) LA 8 (1944–2000) OK 8 (1917–1981) AR 8 (1959–2018) MO 7 (1889–1983) GA 7 (1915–1976) OR 6 (1967–2023) KY 6 (1925–2021) NJ 6 (1976–2023) KS 5 (1888–2026) ID 5 (1943–2021) AZ 5 (1969–2012) WA 5 (1961–2021) VA 4 (1951–2010) OH 4 (1924–2012) MT 4 (1910–1925) NE 4 (1955–2001) HI 4 (1963–2016) MD 3 (1948–2013) WI 3 (1912–2023) MA 3 (1935–2016) MN 3 (1996–2016) WV 3 (1959–1974) CO 3 (1926–1965) WY 2 (1973–2021) RI 2 (1892–1992) ND 2 (1916–1921)

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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