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10 North Carolina opinions name it 2 courts 1935–2026 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 |
|---|---|---|
State v. Bolingergreen2 sentences2020State v. Bolinger, 320 N.C. 596, 603 (1987). 2020The factual basis prong of N.C.G.S. § 15A-1023(c) requires only “that some substantive material independent of the plea itself appear of record which tends to show that defendant is, in fact, guilty.” State v. Sinclair, 301 N.C. 193, 199 (1980); see also Bolinger, 320 N.C. at 603 (stating that nothing in N.C.G.S. § 15A- 1022 requires the court to make an inquiry into whether defendant was in fact guilty). | 1 | 1 |
State v. Sinclairgreen1 sentence2020The factual basis prong of N.C.G.S. § 15A-1023(c) requires only “that some substantive material independent of the plea itself appear of record which tends to show that defendant is, in fact, guilty.” State v. Sinclair, 301 N.C. 193, 199 (1980); see also Bolinger, 320 N.C. at 603 (stating that nothing in N.C.G.S. § 15A- 1022 requires the court to make an inquiry into whether defendant was in fact guilty). | 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 |
|---|---|---|
Henderson v. . Wilmington
green
2 sentences1936In Henderson v. Wilmington, 191 N. C., 269 , 132 S. E., 25 , it is said: “The decisions heretofore rendered by the Court make the test of a necessary expense the purpose for which the expense is to be incurred. 1936In Henderson v. Wilmington, 191 N. C., 269 , 132 S. E., 25 , it is said: “The decisions heretofore rendered by the Court make the test of a necessary expense the purpose for which the expense is to be incurred. | 3 | 1935–1936 |
Nash v. . Monroe
neutral
2 sentences1937If the purpose is the maintenance of the public peace or the administration of justice; if it partakes of a governmental nature or purports to be an exercise by the city of a portion of the State’s delegated sovereignty; if, in brief, it involves a necessary governmental expense.” This Court has repeatedly held that the building, maintenance, and operation of public hospitals is not a “necessary expense.” In Armstrong v. Comrs., 185 N. C., 405 , 117 S. E., 388 , speaking to the question of erecting a tubercular hospital for Gaston County, Mr. Jus tice Soke said: “Appellants insist further that 1937If the purpose is the maintenance of the public peace or the administration of justice; if it partakes of a governmental nature or purports to be an exercise by the city of a portion of the State’s delegated sovereignty; if, in brief, it involves a necessary governmental expense.” This Court has repeatedly held that the building, maintenance, and operation of public hospitals is not a “necessary expense.” In Armstrong v. Comrs., 185 N. C., 405 , 117 S. E., 388 , speaking to the question of erecting a tubercular hospital for Gaston County, Mr. Jus tice Soke said: “Appellants insist further that | 2 | 1937–1937 |
Armstrong v. Board of Commissioners
green
2 sentences1937If the purpose is the maintenance of the public peace or the administration of justice; if it partakes of a governmental nature or purports to be an exercise by the city of a portion of the State’s delegated sovereignty; if, in brief, it involves a necessary governmental expense.” This Court has repeatedly held that the building, maintenance, and operation of public hospitals is not a “necessary expense.” In Armstrong v. Comrs., 185 N. C., 405 , 117 S. E., 388 , speaking to the question of erecting a tubercular hospital for Gaston County, Mr. Jus tice Soke said: “Appellants insist further that 1937If the purpose is the maintenance of the public peace or the administration of justice; if it partakes of a governmental nature or purports to be an exercise by the city of a portion of the State’s delegated sovereignty; if, in brief, it involves a necessary governmental expense.” This Court has repeatedly held that the building, maintenance, and operation of public hospitals is not a “necessary expense.” In Armstrong v. Comrs., 185 N. C., 405 , 117 S. E., 388 , speaking to the question of erecting a tubercular hospital for Gaston County, Mr. Jus tice Soke said: “Appellants insist further that | 2 | 1937–1937 |
Fawcett v. Town of Mt. Airy
green
2 sentences1935If tbe purpose is tbe maintenance of tbe public peace or tbe administration of justice; if it partakes of a governmental nature or purports to be an exercise by tbe city of a portion of tbe State’s delegated sovereignty; if, in brief, it involves a necessary governmental expense — in these cases tbe expense required to effect tbe purpose is necessary within tbe meaning of Article YII, section 7, and tbe power to incur such expense is not dependent on tbe will of tbe qualified voters.” In Fawcett v. Mount Airy, 134 N. C., 125 , 45 S. E., 1029 , it is said: "It is almost impossible to define in 1935If tbe purpose is tbe maintenance of tbe public peace or tbe administration of justice; if it partakes of a governmental nature or purports to be an exercise by tbe city of a portion of tbe State’s delegated sovereignty; if, in brief, it involves a necessary governmental expense — in these cases tbe expense required to effect tbe purpose is necessary within tbe meaning of Article YII, section 7, and tbe power to incur such expense is not dependent on tbe will of tbe qualified voters.” In Fawcett v. Mount Airy, 134 N. C., 125 , 45 S. E., 1029 , it is said: "It is almost impossible to define in | 2 | 1935–1935 |
State v. Williamson
green
2 sentences2026Id. at 533 , 301 S.E.2d at 425 . 2026Id. at 533 , 301 S.E.2d at 425 . | 1 | 2026–2026 |
State v. Riley
green
2 sentences2024The Court of Appeals noted the record contained sufficient information for the court to make the analysis on its own despite the State’s “fail[ure] to meet its burden of proof at sentencing.” Id. at 825 . 2024In rendering its decision, the Court of Appeals reached “the almost inescapable conclusion that both offenses criminalize essentially the same conduct—the possession of firearms by disqualified felons.” Id. at 827 . | 1 | 2024–2024 |
In re T.L.H.
green
1 sentence2020In September 2013, DHHS filed a petition to terminate the respondent’s parental rights and also requested that the trial court make an inquiry as to whether the respondent “need[ed] to have a Guardian ad Litem appointed for purposes of the [termination] proceeding.” Id. -8- IN RE Q.B. | 1 | 2020–2020 |
State v. Harbison
green
2 sentences2005Defendant insists, "At no time did the trial court make an inquiry into whether defendant had given counsel permission to enter any type of admission or guilt concession during the trial." Defense counsel renders ineffective assistance, " per se in violation of the Sixth Amendment," if counsel "admits the defendant's guilt to the jury without the defendant's consent." State v. Harbison, 315 N.C. 175 , 180, 337 S.E.2d 504 , 507-08 (1985), cert. denied, 476 U.S. 1123 , 90 L. 2005Defendant insists, "At no time did the trial court make an inquiry into whether defendant had given counsel permission to enter any type of admission or guilt concession during the trial." Defense counsel renders ineffective assistance, " per se in violation of the Sixth Amendment," if counsel "admits the defendant's guilt to the jury without the defendant's consent." State v. Harbison, 315 N.C. 175 , 180, 337 S.E.2d 504 , 507-08 (1985), cert. denied, 476 U.S. 1123 , 90 L. | 1 | 2005–2005 |
Nunez v. United States
green
1 sentence2005Defendant insists, "At no time did the trial court make an inquiry into whether defendant had given counsel permission to enter any type of admission or guilt concession during the trial." Defense counsel renders ineffective assistance, " per se in violation of the Sixth Amendment," if counsel "admits the defendant's guilt to the jury without the defendant's consent." State v. Harbison, 315 N.C. 175 , 180, 337 S.E.2d 504 , 507-08 (1985), cert. denied, 476 U.S. 1123 , 90 L. | 1 | 2005–2005 |
Creech v. United States
green
1 sentence2005Defendant insists, "At no time did the trial court make an inquiry into whether defendant had given counsel permission to enter any type of admission or guilt concession during the trial." Defense counsel renders ineffective assistance, " per se in violation of the Sixth Amendment," if counsel "admits the defendant's guilt to the jury without the defendant's consent." State v. Harbison, 315 N.C. 175 , 180, 337 S.E.2d 504 , 507-08 (1985), cert. denied, 476 U.S. 1123 , 90 L. | 1 | 2005–2005 |
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.