proposed jury instruction (North Carolina) · Go Syfert
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proposed jury instruction in North Carolina

10 North Carolina opinions name it 2 courts 1990–2026 4 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. Basdengreen
nc · 1994 · cited in 2 North Carolina opinions naming this issue, 2004–2004
2 sentences

2004In State v. Basden, the defendant requested a jury instruction on a mitigating circumstance and expressed his satisfaction with the proposed jury instruction when read by the trial court. 339 N.C. 288, 302 , 451 S.E.2d 238, 246 (1994), cert. denied, 515 U.S. 1152 , 132 L.

2004In State v. Basden, the defendant requested a jury instruction on a mitigating circumstance and expressed his satisfaction with the proposed jury instruction when read by the trial court. 339 N.C. 288, 302 , 451 S.E.2d 238, 246 (1994), cert. denied, 515 U.S. 1152 , 132 L.

12
State v. Leegreen
nc · 2018 · cited in 1 North Carolina opinions naming this issue, 2025–2025
2 sentences

2025We recognize “[w]hen a trial court agrees to give a requested pattern instruction, an erroneous deviation from that instruction is preserved for appellate review without further request or objection.” State v. Lee, 370 N.C. 671, 676 , 811 S.E.2d 563, 567 (2018).

2025We recognize “[w]hen a trial court agrees to give a requested pattern instruction, an erroneous deviation from that instruction is preserved for appellate review without further request or objection.” State v. Lee, 370 N.C. 671, 676 , 811 S.E.2d 563, 567 (2018).

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 (10)

CaseCitedYears
State v. Wilkinson green
nc · 1996
2 sentences

2021In State v. Wilkinson, 344 N.C. 198 , 474 S.E.2d 375 (1996), defendant submitted a proposed jury instruction in writing to the trial court.

2021In State v. Wilkinson, 344 N.C. 198 , 474 S.E.2d 375 (1996), defendant submitted a proposed jury instruction in writing to the trial court.

22021–2021
Doe, John and Jane Doe v. Kirchner, Otakar Baby Richard, a Minor, by His Guardian Ad Litem, Edward J. O'COnnell v. Kirchner, Otakar green
scotus · 1995
2 sentences

2004In State v. Basden, the defendant requested a jury instruction on a mitigating circumstance and expressed his satisfaction with the proposed jury instruction when read by the trial court. 339 N.C. 288, 302 , 451 S.E.2d 238, 246 (1994), cert. denied, 515 U.S. 1152 , 132 L.

2004In State v. Basden, the defendant requested a jury instruction on a mitigating circumstance and expressed his satisfaction with the proposed jury instruction when read by the trial court. 339 N.C. 288 , 302, 451 S.E.2d 238 , 246 (1994), cert. denied, 515 U.S. 1152 , 132 L.

22004–2004
Aflleje-Torres v. United States green
scotus · 1995
2 sentences

2004In State v. Basden, the defendant requested a jury instruction on a mitigating circumstance and expressed his satisfaction with the proposed jury instruction when read by the trial court. 339 N.C. 288, 302 , 451 S.E.2d 238, 246 (1994), cert. denied, 515 U.S. 1152 , 132 L.

2004In State v. Basden, the defendant requested a jury instruction on a mitigating circumstance and expressed his satisfaction with the proposed jury instruction when read by the trial court. 339 N.C. 288 , 302, 451 S.E.2d 238 , 246 (1994), cert. denied, 515 U.S. 1152 , 132 L.

22004–2004
Wall v. Stout green
nc · 1984
1 sentence

2026Id. at 625 n.3, 879 S.E.2d at 558 n.3 (citing White, 349 N.C. at 569 ).

12026–2026
State v. White green
nc · 1998
1 sentence

2026Id. at 625 n.3, 879 S.E.2d at 558 n.3 (citing White, 349 N.C. at 569 ).

12026–2026
State v. Pretty green
ncctapp · 1999
2 sentences

2000To establish ineffective assistance of counsel, "defendant must show that: (1) the counsel's performance fell below an objective standard of reasonableness as defined by professional norms and (2) the error committed was so serious that a reasonable probability exists that the trial result would have been different absent the error." State v. Pretty, 134 N.C.App. 379, 387 , 517 S.E.2d 677, 683 , disc. review denied, 351 N.C. 117 , ___ S.E.2d ___ (1999).

2000To establish ineffective assistance of counsel, "defendant must show that: (1) the counsel's performance fell below an objective standard of reasonableness as defined by professional norms and (2) the error committed was so serious that a reasonable probability exists that the trial result would have been different absent the error." State v. Pretty, 134 N.C.App. 379, 387 , 517 S.E.2d 677, 683 , disc. review denied, 351 N.C. 117 , ___ S.E.2d ___ (1999).

12000–2000
State v. Moore neutral
nc · 1999
1 sentence

2000To establish ineffective assistance of counsel, "defendant must show that: (1) the counsel's performance fell below an objective standard of reasonableness as defined by professional norms and (2) the error committed was so serious that a reasonable probability exists that the trial result would have been different absent the error." State v. Pretty, 134 N.C.App. 379, 387 , 517 S.E.2d 677, 683 , disc. review denied, 351 N.C. 117 , ___ S.E.2d ___ (1999).

12000–2000
Simmons v. South Carolina green
scotus · 1994
2 sentences

1994We are aware of the recent United States Supreme Court decision in Simmons v. South Carolina, ___ U.S. ___, 114 S.Ct. 2187 , 129 L.Ed.2d 133 , (1994), which held *276 that it was error to refuse to give a proposed jury instruction that under state law, defendant was ineligible for parole.

1994We are aware of the recent United States Supreme Court decision in Simmons v. South Carolina, ___ U.S. ___, 114 S.Ct. 2187 , 129 L.Ed.2d 133 , (1994), which held *276 that it was error to refuse to give a proposed jury instruction that under state law, defendant was ineligible for parole.

11994–1994
Arnold v. Ray Charles Enterprises, Inc. green
nc · 1965
2 sentences

1991The proper measure of damages for breach of a personal services contract was addressed in Arnold v. Ray Charles Enterprises, Inc., 264 N.C. 92 , 141 S.E.2d 14 (1965).

1991The proper measure of damages for breach of a personal services contract was addressed in Arnold v. Ray Charles Enterprises, Inc., 264 N.C. 92 , 141 S.E.2d 14 (1965).

11991–1991
State v. Odom green
nc · 1983
2 sentences

1990We note that the “plain error” rule adopted in State v. Odom, 307 N.C. 655 , 300 S.E.2d 375 (1983), allows for the review of assignments of error normally barred by such waiver rules as Rule 10(b)(2).

1990We note that the “plain error” rule adopted in State v. Odom, 307 N.C. 655 , 300 S.E.2d 375 (1983), allows for the review of assignments of error normally barred by such waiver rules as Rule 10(b)(2).

11990–1990

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 15A-2002 (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

OH 115 (1986–2026) WA 76 (1983–2026) MS 58 (1992–2026) FL 52 (1979–2026) TX 51 (1988–2026) VA 47 (1999–2026) IL 40 (1985–2026) UT 34 (1982–2026) IN 32 (2005–2025) CA 31 (1992–2026) NV 30 (1998–2022) MT 27 (1981–2026) SD 24 (1978–2026) OR 24 (1994–2026) MD 19 (1993–2025) AZ 17 (2004–2026) CO 15 (1993–2026) ND 13 (1999–2023) WY 13 (1990–2026) NE 12 (1990–2025) WI 12 (1991–2025) PA 12 (1982–2025) LA 11 (2000–2022) CT 10 (1994–2019) ID 10 (1995–2023) NC 10 (1990–2026) MN 9 (1990–2015) NM 9 (1997–2025) NH 9 (1984–2010) IA 9 (1993–2026) KS 8 (2014–2024) MO 8 (2006–2020) MA 8 (1994–2023) MI 8 (1974–2024) TN 7 (1996–2019) AL 7 (1989–2004) DC 6 (1995–2024) ME 6 (2012–2025) HI 5 (1996–2021) AK 4 (1991–2019) AR 4 (2003–2026) DE 2 (2015–2025) SC 2 (2001–2005) GA 2 (2014–2020)

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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