given instruction (North Carolina) · Go Syfert
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given instruction in North Carolina

11 North Carolina opinions name it 3 courts 1919–2026 5 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 (7)

CaseFollowedCited
Trivette v. Yountgreen
nc · 2012 · cited in 1 North Carolina opinions naming this issue, 2026–2026
1 sentence

2026Cf. Trivette v. Yount, 366 N.C. 303, 310 (2012) (holding that “the trial court correctly denied [the] defendant’s Rule 12(b)(1) motion to dismiss on the grounds that the exclusivity provision of the [Workers’ Compensation] Act deprived the trial court of jurisdiction” (emphasis added)); but see Bowden v. Young, 239 N.C.

11
Outlaw v. Johnsongreen
ncctapp · 2008 · cited in 1 North Carolina opinions naming this issue, 2025–2025
2 sentences

2025By failing to give Plaintiff’s requested instruction and instead instructing the jury that joint and several liability may apply to injury that results only from concurring negligent acts or omissions, the trial court’s given instruction “failed to encompass the substance of the law requested.” Id.

2025Plaintiff’s requested instruction was correct as a matter of law and was supported by the evidence, and the trial court’s given instruction “failed to encompass the substance of the law requested.” Outlaw, 190 N.C.

11
State v. Helmsgreen
nc · 1988 · cited in 1 North Carolina opinions naming this issue, 2025–2025
1 sentence

2025See State v. Helms, 322 N.C. 315, 319 (1988).

11
Matthew Dixon v. Coburg Dairy, Incorporated, Equal Employment Advisory Council, Amicus Curiaegreen
ca4 · 2004 · cited in 1 North Carolina opinions naming this issue, 2021–2021
1 sentence

2021See id. at 1344–45; see also Dixon v. Coburg Dairy, Inc., 369 F.3d 811, 816 (4th Cir. 2004) (en banc) (“A plaintiff’s right to relief for a given claim necessarily depends on a question of federal law only when every legal theory supporting the claim requires resolution of a federal issue.”). 19.

11
Neurorepair, Inc. v. Nath Law Groupgreen
cafc · 2015 · cited in 1 North Carolina opinions naming this issue, 2021–2021
1 sentence

2021See id. at 1344–45; see also Dixon v. Coburg Dairy, Inc., 369 F.3d 811, 816 (4th Cir. 2004) (en banc) (“A plaintiff’s right to relief for a given claim necessarily depends on a question of federal law only when every legal theory supporting the claim requires resolution of a federal issue.”). 19.

11
State v. Cartergreen
nc · 2013 · cited in 1 North Carolina opinions naming this issue, 2014–2014
2 sentences

2014See State v. Carter, 366 N.C. 496, 500 , 739 S.E.2d 548, 552 (2013) (stating that there was no plain error where the “[d]efendant has not shown that ‘the jury probably would have returned a different verdict’ if the trial court had provided the . . . instruction”) (internal citation omitted).

2014See State v. Carter, 366 N.C. 496, 500 , 739 S.E.2d 548, 552 (2013) (stating that there was no plain error where the “[d]efendant has not shown that ‘the jury probably would have returned a different verdict’ if the trial court had provided the . . . instruction”) (internal citation omitted).

11
State v. Bensongreen
nc · 1988 · cited in 1 North Carolina opinions naming this issue, 1994–1994
2 sentences

1994See State v. Benson, 323 N.C. 318, 327 , 372 S.E.2d 517, 522 (1988) (no error when trial court fails to submit a mitigating circumstance that was subsumed into another mitigating circumstances).

1994See State v. Benson, 323 N.C. 318, 327 , 372 S.E.2d 517, 522 (1988) (no error when trial court fails to submit a mitigating circumstance that was subsumed into another mitigating circumstances).

11

Distinguished, questioned or overruled (1)

CaseNegativeCited
State v. Allenyellow
nc · 1995 · cited in 1 North Carolina opinions naming this issue, 1997–1997
2 sentences

1997Hence, “the spirit and purpose of Rule 10(b)(2) are not met.” State v. Allen, 339 N.C. 545, 554-55 , 453 S.E.2d 150, 155 (1995), overruled by State v. Gaines, 345 N.C. 647 , 483 S.E.2d 396 (1997).

1997Hence, “the spirit and purpose of Rule 10(b)(2) are not met.” State v. Allen, 339 N.C. 545, 554-55 , 453 S.E.2d 150, 155 (1995), overruled by State v. Gaines, 345 N.C. 647 , 483 S.E.2d 396 (1997).

11

Also cited on this issue (7)

CaseCitedYears
State v. Keel green
nc · 1992
1 sentence

2025Defendant relies on three cases to support his argument that the State’s requested embezzlement instruction was preserved: State v. Keel, 333 N.C. 52 (1992); State v. Barrow, 216 N.C.

12025–2025
State v. Barrow green
ncctapp · 2011
2 sentences

2025Defendant relies on three cases to support his argument that the State’s requested embezzlement instruction was preserved: State v. Keel, 333 N.C. 52 (1992); State v. Barrow, 216 N.C.

2025Barrow, 216 N.C.

12025–2025
State v. Chang Yang green
ncctapp · 2005
1 sentence

2017App. 755 , 760, 622 S.E.2d 632 , 635 (2005) (holding defendant was barred from challenging an amendment to a pattern jury instruction that defense counsel helped formulate and did not object to the final given instruction).

12017–2017
Dogwood Development & Management Co. v. White Oak Transport Co. green
ncctapp · 2007
1 sentence

2008App. at-, 645 S.E.2d at 214-16 .

12008–2008
State v. Gaines green
nc · 1997
2 sentences

1997Hence, “the spirit and purpose of Rule 10(b)(2) are not met.” State v. Allen, 339 N.C. 545, 554-55 , 453 S.E.2d 150, 155 (1995), overruled by State v. Gaines, 345 N.C. 647 , 483 S.E.2d 396 (1997).

1997Hence, “the spirit and purpose of Rule 10(b)(2) are not met.” State v. Allen, 339 N.C. 545, 554-55 , 453 S.E.2d 150, 155 (1995), overruled by State v. Gaines, 345 N.C. 647 , 483 S.E.2d 396 (1997).

11997–1997
Newton v. . Clark neutral
nc · 1917
1 sentence

1919The principle appearing in Fuller v. Jenkins is in direct antagonism to the law of this State, as established by a current of decisions, well nigh from the beginning of the Court, certainly as far back as Streator v. Jones , 10 N.C. 433 , in 1824, one of them, Porter v. White , 128 N.C. 42 , just one year prior to the case in question and fully reaffirmed in the later decision of Newton v. Clark, supra; all holding that in order to change a deed into a mortgage it must be alleged and proved that the clause of redemption was omitted by mistake, etc. The case does not, in terms, purport to lay d

11919–1919
Porter v. White. neutral
nc · 1901
1 sentence

1919The principle appearing in Fuller v. Jenkins is in direct antagonism to the law of this State, as established by a current of decisions, well nigh from the beginning of the Court, certainly as far back as Streator v. Jones , 10 N.C. 433 , in 1824, one of them, Porter v. White , 128 N.C. 42 , just one year prior to the case in question and fully reaffirmed in the later decision of Newton v. Clark, supra; all holding that in order to change a deed into a mortgage it must be alleged and proved that the clause of redemption was omitted by mistake, etc. The case does not, in terms, purport to lay d

11919–1919

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 15A-1443 (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

TX 232 (1948–2025) CA 156 (1909–2026) IL 83 (1890–2024) MI 83 (1970–2026) NM 50 (1914–2026) MO 40 (1907–2024) WV 36 (1981–2026) OR 31 (1921–2024) KY 30 (1912–2025) AZ 30 (1981–2024) FL 28 (1907–2019) MS 26 (1895–2020) WA 24 (1959–2025) GA 23 (1917–2023) WI 23 (1982–2025) IN 23 (1969–2024) PA 22 (1910–2026) NV 18 (1962–2022) MA 18 (1941–2026) OH 15 (1991–2017) NJ 14 (1906–2026) MD 13 (1979–2021) CO 13 (1965–2026) KS 13 (1979–2026) NY 13 (1898–2021) ID 13 (1904–2022) MT 13 (1930–2025) UT 12 (1956–2026) CT 12 (1991–2022) AK 11 (1972–2019) NC 11 (1919–2026) SD 11 (1911–2016) OK 11 (1908–2006) ME 10 (1942–2023) WY 9 (1975–2019) RI 8 (1996–2012) NE 7 (1909–2023) AR 6 (1936–2021) VA 6 (1986–2025) IA 5 (1930–2016) DC 5 (1988–2021) TN 5 (2006–2015) SC 4 (1929–2010) DE 4 (1984–2024) AL 4 (1907–1984) ND 3 (1910–2008) MN 3 (1993–2026) NH 3 (2011–2015) VI 2 (2015–2023)

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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