10 North Carolina opinions name it 3 courts 1980–2016 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 |
|---|---|---|
City of Mesquite v. Aladdin's Castle, Inc.green2 sentences2012It should be emphasized that federal structural error and state error per se have developed independently, as “whether a federal constitutional error can be harmless is a federal question,” Connecticut v. Johnson, 460 U.S. 73 , 81 n.9, 103 S. Ct. 969 , 974 n.9 (1983), while “a state court is entirely free to read its own State’s constitution more broadly than [the United States Supreme Court] reads the Federal Constitution, or to reject the mode of analysis used by [the United States Supreme Court] in favor of a different analysis of its corresponding constitutional guarantee,” City of Mesquit 2012It should be emphasized that federal structural error and state error per se have developed independently, as “whether a federal constitutional error can be harmless is a federal question,” Connecticut v. Johnson, 460 U.S. 73 , 81 n.9, 103 S. Ct. 969 , 974 n.9 (1983), while “a state court is entirely free to read its own State’s constitution more broadly than [the United States Supreme Court] reads the Federal Constitution, or to reject the mode of analysis used by [the United States Supreme Court] in favor of a different analysis of its corresponding constitutional guarantee,” City of Mesquit | 3 | 3 |
State v. Robinsongreen2 sentences2016We also note that in Robinson, 221 N.C.App. at 281 , 727 S.E.2d at 722 , decided after Battle , this Court "conclude[d] that the mode of analysis outlined in Battle ... only applies in the event that the investigating officers lack a specific basis for believing that a weapon or contraband is present beneath the defendant's underclothing." Id. 2016We also note that in Robinson, 221 N.C.App. at 281 , 727 S.E.2d at 722 , decided after Battle , this Court "conclude[d] that the mode of analysis outlined in Battle ... only applies in the event that the investigating officers lack a specific basis for believing that a weapon or contraband is present beneath the defendant's underclothing." Id. | 2 | 2 |
State v. Arringtongreen2 sentences2006See City of Mesquite v. Aladdin’s Castle, Inc., 455 U.S. 283, 293 (1982) (“[A] state court is entirely free to read its own State’s constitution more broadly than this Court reads the Federal Constitution, or to reject the mode of analysis used by this Court in favor of a different analysis of its corresponding constitutional guarantee.” (emphasis added)); State v. McClendon, 350 N.C. 630, 635 , 517 S.E.2d 128, 132 (1999) (“ ‘Whether rights guaranteed by the Constitution of North Carolina have been provided and the proper tests to be used in resolving such *53 issues are questions which can on 2006See City of Mesquite v. Aladdin’s Castle, Inc., 455 U.S. 283, 293 (1982) (“[A] state court is entirely free to read its own State’s constitution more broadly than this Court reads the Federal Constitution, or to reject the mode of analysis used by this Court in favor of a different analysis of its corresponding constitutional guarantee.” (emphasis added)); State v. McClendon, 350 N.C. 630, 635 , 517 S.E.2d 128, 132 (1999) (“ ‘Whether rights guaranteed by the Constitution of North Carolina have been provided and the proper tests to be used in resolving such *53 issues are questions which can on | 1 | 2 |
State v. McClendongreen2 sentences2006See City of Mesquite v. Aladdin’s Castle, Inc., 455 U.S. 283, 293 (1982) (“[A] state court is entirely free to read its own State’s constitution more broadly than this Court reads the Federal Constitution, or to reject the mode of analysis used by this Court in favor of a different analysis of its corresponding constitutional guarantee.” (emphasis added)); State v. McClendon, 350 N.C. 630, 635 , 517 S.E.2d 128, 132 (1999) (“ ‘Whether rights guaranteed by the Constitution of North Carolina have been provided and the proper tests to be used in resolving such *53 issues are questions which can on 2006See City of Mesquite v. Aladdin’s Castle, Inc., 455 U.S. 283, 293 (1982) (“[A] state court is entirely free to read its own State’s constitution more broadly than this Court reads the Federal Constitution, or to reject the mode of analysis used by this Court in favor of a different analysis of its corresponding constitutional guarantee.” (emphasis added)); State v. McClendon, 350 N.C. 630, 635 , 517 S.E.2d 128, 132 (1999) (“ ‘Whether rights guaranteed by the Constitution of North Carolina have been provided and the proper tests to be used in resolving such *53 issues are questions which can on | 1 | 2 |
State v. Fowlergreen2 sentences2016In Robinson, we "conclude[d] that the mode of analysis outlined in Battle and adopted in Fowler only applies in the event that the investigating officers lack a specific basis for believing that a weapon or contraband is present beneath the defendant's underclothing." State v. Robinson, 221 N.C.App. 266 , 281, 727 S.E.2d 712 , 722 (2012) ; State v. Fowler, 220 N.C.App. 263 , 268, 725 S.E.2d 624 , 629 (2012) ("[T]he requirements of probable cause and exigent circumstances must be established to justify the strip searches of defendant in the present case, as enunciated in Battle. ") see also Sta 2016In Robinson, we "conclude[d] that the mode of analysis outlined in Battle and adopted in Fowler only applies in the event that the investigating officers lack a specific basis for believing that a weapon or contraband is present beneath the defendant's underclothing." State v. Robinson, 221 N.C.App. 266 , 281, 727 S.E.2d 712 , 722 (2012) ; State v. Fowler, 220 N.C.App. 263 , 268, 725 S.E.2d 624 , 629 (2012) ("[T]he requirements of probable cause and exigent circumstances must be established to justify the strip searches of defendant in the present case, as enunciated in Battle. ") see also Sta | 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 |
|---|---|---|
Hagans v. Lavine
green
2 sentences1986E.g., New Orleans v. Dukes, 427 U.S. 297 , 49 L.Ed. 2d 511 , 96 S.Ct. 2513 (1976); Hagans v. Lavine, 415 U.S. 528 , 39 L.Ed. 2d 577 , 94 S.Ct. 1372 (1974). 1986E.g., New Orleans v. Dukes, 427 U.S. 297 , 49 L.Ed. 2d 511 , 96 S.Ct. 2513 (1976); Hagans v. Lavine, 415 U.S. 528 , 39 L.Ed. 2d 577 , 94 S.Ct. 1372 (1974). | 2 | 1980–1986 |
City of New Orleans v. Dukes
green
2 sentences1986E.g., New Orleans v. Dukes, 427 U.S. 297 , 49 L.Ed. 2d 511 , 96 S.Ct. 2513 (1976); Hagans v. Lavine, 415 U.S. 528 , 39 L.Ed. 2d 577 , 94 S.Ct. 1372 (1974). 1986E.g., New Orleans v. Dukes, 427 U.S. 297 , 49 L.Ed. 2d 511 , 96 S.Ct. 2513 (1976); Hagans v. Lavine, 415 U.S. 528 , 39 L.Ed. 2d 577 , 94 S.Ct. 1372 (1974). | 2 | 1980–1986 |
State v. Johnson
green
2 sentences2016In Robinson, we "conclude[d] that the mode of analysis outlined in Battle and adopted in Fowler only applies in the event that the investigating officers lack a specific basis for believing that a weapon or contraband is present beneath the defendant's underclothing." State v. Robinson, 221 N.C.App. 266 , 281, 727 S.E.2d 712 , 722 (2012) ; State v. Fowler, 220 N.C.App. 263 , 268, 725 S.E.2d 624 , 629 (2012) ("[T]he requirements of probable cause and exigent circumstances must be established to justify the strip searches of defendant in the present case, as enunciated in Battle. ") see also Sta 2016In Robinson, we "conclude[d] that the mode of analysis outlined in Battle and adopted in Fowler only applies in the event that the investigating officers lack a specific basis for believing that a weapon or contraband is present beneath the defendant's underclothing." State v. Robinson, 221 N.C.App. 266 , 281, 727 S.E.2d 712 , 722 (2012) ; State v. Fowler, 220 N.C.App. 263 , 268, 725 S.E.2d 624 , 629 (2012) ("[T]he requirements of probable cause and exigent circumstances must be established to justify the strip searches of defendant in the present case, as enunciated in Battle. ") see also Sta | 1 | 2016–2016 |
Connecticut v. Johnson
green
2 sentences2012It should be emphasized that federal structural error and state error per se have developed independently, as “whether a federal constitutional error can be harmless is a federal question,” Connecticut v. Johnson, 460 U.S. 73 , 81 n.9, 103 S. Ct. 969 , 974 n.9 (1983), while “a state court is entirely free to read its own State’s constitution more broadly than [the United States Supreme Court] reads the Federal Constitution, or to reject the mode of analysis used by [the United States Supreme Court] in favor of a different analysis of its corresponding constitutional guarantee,” City of Mesquit 2012It should be emphasized that federal structural error and state error per se have developed independently, as “whether a federal constitutional error can be harmless is a federal question,” Connecticut v. Johnson, 460 U.S. 73 , 81 n.9, 103 S. Ct. 969 , 974 n.9 (1983), while “a state court is entirely free to read its own State’s constitution more broadly than [the United States Supreme Court] reads the Federal Constitution, or to reject the mode of analysis used by [the United States Supreme Court] in favor of a different analysis of its corresponding constitutional guarantee,” City of Mesquit | 1 | 2012–2012 |
Kumho Tire Co. v. Carmichael
green
1 sentence2000Id. at 153-57 . {18} While one can glean from the Kumho Tire decision a list of factors that may be helpful in assessing a nonscientific expert’s reliability, the Kumho Tire Court purposely refrained from establishing a checklist similar to the one contained in Daubert. | 1 | 2000–2000 |
Texfi Industries, Inc. v. City of Fayetteville
green
2 sentences2000"This mode of analysis merely requires that distinctions which are drawn by a challenged statute or action bear some rational relationship to a conceivable legitimate governmental interest." Id. 2000"This mode of analysis merely requires that distinctions which are drawn by a challenged statute or action bear some rational relationship to a conceivable legitimate governmental interest." Texfi, 301 N.C. at 11 , 269 S.E.2d at 149 . | 1 | 2000–2000 |
Commonwealth v. Soares
green
2 sentences1986As the majority correctly notes, the defendants explicitly argue that this Court should adopt the reasoning of McCray v. Abrams, 750 F.2d 1113 (2d Cir.1984); People v. Wheeler, 22 Cal.3d 258 , 148 Cal.Rptr. 890 , 583 P.2d 748 (1978); and Commonwealth v. Soares, 377 Mass. 461 , 387 N.E.2d 499 (1979), which hold that a prosecutor's use of peremptory challenges to remove jurors on the basis of race can constitute a violation of a defendant's right to a jury selected from a fair cross-section of the community. 1986As the majority correctly notes, the defendants explicitly argue that this Court should adopt the reasoning of McCray v. Abrams, 750 F.2d 1113 (2d Cir.1984); People v. Wheeler, 22 Cal.3d 258 , 148 Cal.Rptr. 890 , 583 P.2d 748 (1978); and Commonwealth v. Soares, 377 Mass. 461 , 387 N.E.2d 499 (1979), which hold that a prosecutor's use of peremptory challenges to remove jurors on the basis of race can constitute a violation of a defendant's right to a jury selected from a fair cross-section of the community. | 1 | 1986–1986 |
Michael McCray v. Robert Abrams
green
2 sentences1986As the majority correctly notes, the defendants explicitly argue that this Court should adopt the reasoning of McCray v. Abrams, 750 F. 2d 1113 (2d Cir. 1984); People v. Wheeler, 22 Cal. 3d 258 , 583 P. 2d 748 (1978); and Commonwealth v. Soares, 377 Mass. 461 , 387 N.E. 2d 499 (1979), which hold that a prosecutor’s use of peremptory challenges to remove jurors on the basis of race can constitute a violation of a defendant’s right to a jury selected from a fair cross-section of the community. 1986As the majority correctly notes, the defendants explicitly argue that this Court should adopt the reasoning of McCray v. Abrams, 750 F.2d 1113 (2d Cir.1984); People v. Wheeler, 22 Cal.3d 258 , 148 Cal.Rptr. 890 , 583 P.2d 748 (1978); and Commonwealth v. Soares, 377 Mass. 461 , 387 N.E.2d 499 (1979), which hold that a prosecutor's use of peremptory challenges to remove jurors on the basis of race can constitute a violation of a defendant's right to a jury selected from a fair cross-section of the community. | 1 | 1986–1986 |
People v. Wheeler
green
2 sentences1986As the majority correctly notes, the defendants explicitly argue that this Court should adopt the reasoning of McCray v. Abrams, 750 F.2d 1113 (2d Cir.1984); People v. Wheeler, 22 Cal.3d 258 , 148 Cal.Rptr. 890 , 583 P.2d 748 (1978); and Commonwealth v. Soares, 377 Mass. 461 , 387 N.E.2d 499 (1979), which hold that a prosecutor's use of peremptory challenges to remove jurors on the basis of race can constitute a violation of a defendant's right to a jury selected from a fair cross-section of the community. 1986As the majority correctly notes, the defendants explicitly argue that this Court should adopt the reasoning of McCray v. Abrams, 750 F.2d 1113 (2d Cir.1984); People v. Wheeler, 22 Cal.3d 258 , 148 Cal.Rptr. 890 , 583 P.2d 748 (1978); and Commonwealth v. Soares, 377 Mass. 461 , 387 N.E.2d 499 (1979), which hold that a prosecutor's use of peremptory challenges to remove jurors on the basis of race can constitute a violation of a defendant's right to a jury selected from a fair cross-section of the community. | 1 | 1986–1986 |
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.