State argues error in North Carolina

10 North Carolina opinions name it 2 courts 1978–2019 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.

Followed or applied (4)

Case	Followed	Cited
State v. Jonesgreen ncctapp · 1993 · cited in 1 North Carolina opinions naming this issue, 2011–2011 2 sentences 2011In State v. Jones, the State and the defendant agreed to try the defendant on a charge of second-degree arson even though the indictment had erroneously referenced the statute for first-degree arson. 110 N.C.App. 289, 293 , 429 S.E.2d 410, 413 (1993). 2011In State v. Jones, the State and the defendant agreed to try the defendant on a charge of second-degree arson even though the indictment had erroneously referenced the statute for first-degree arson. 110 N.C.App. 289, 293 , 429 S.E.2d 410, 413 (1993).	1	1
State v. Bakergreen · 1994 · cited in 1 North Carolina opinions naming this issue, 2008–2008 2 sentences 2008This is not a case with a singular misstatement where “the trial court repeatedly instructed the jury that the State had the burden of proving [that] defendant was guilty beyond a reasonable doubt.” State v. Baker, 338 N.C. 526, 565 , 451 S.E.2d 574, 597 (1994). 2008This is not a case with a singular misstatement where “the trial court repeatedly instructed the jury that the State had the burden of proving [that] defendant was guilty beyond a reasonable doubt.” State v. Baker, 338 N.C. 526, 565 , 451 S.E.2d 574, 597 (1994).	1	1
State v. . Weinsteingreen nc · 1944 · cited in 1 North Carolina opinions naming this issue, 1978–1978 2 sentences 1978“The presumption, however, is one of fact only and is to be considered 437 by the jury merely as an evidential fact along with other evidence in determining defendant’s guilt.” State v. Weinstein, 224 N.C. 645 , 650 and 651, 31 S.E. 2d 920, 924 (1944); see also State v. Warren, 35 N.C. 1978“The presumption, however, is one of fact only and is to be considered 437 by the jury merely as an evidential fact along with other evidence in determining defendant’s guilt.” State v. Weinstein, 224 N.C. 645 , 650 and 651, 31 S.E. 2d 920, 924 (1944); see also State v. Warren, 35 N.C.	1	1
State v. Warrengreen ncctapp · 1978 · cited in 1 North Carolina opinions naming this issue, 1978–1978 1 sentence 1978“The presumption, however, is one of fact only and is to be considered *437 by the jury merely as an evidential fact along with other evidence in determining defendant’s guilt.” State v. Weinstein, 224 N.C. 645 , 650 and 651, 31 S.E. 2d 920, 924 (1944); see also State v. Warren, 35 N.C.	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in North Carolina. Read the followed side critically anyway.

Also cited on this issue (13)

Case	Cited	Years
State v. Hammonds green nc · 1954 2 sentences 1993In the instant case, the State argues that the instruction given by the trial court was approved by our Supreme Court in State v. Hammonds, 241 N.C. 226 , 85 S.E.2d 133 (1954). 1993In the instant case, the State argues that the instruction given by the trial court was approved by our Supreme Court in State v. Hammonds, 241 N.C. 226 , 85 S.E.2d 133 (1954).	2	1993–1993
Childress v. Cockrell, Director, Texas Department of Criminal Justice, Institutional Division green scotus · 2003 2 sentences 2019This argument by the State, however, does not address the Harbison issue. "[M]atters of trial strategy ... are not generally second-guessed by this Court." State v. Prevatte , 356 N.C. 178 , 236, 570 S.E.2d 440 , 472 (2002), cert. denied , 538 U.S. 986 , 123 S.Ct. 1800 , 155 L.Ed.2d 681 (2003). 2019This argument by the State, however, does not address the Harbison issue. "[M]atters of trial strategy ... are not generally second-guessed by this Court." State v. Prevatte , 356 N.C. 178 , 236, 570 S.E.2d 440 , 472 (2002), cert. denied , 538 U.S. 986 , 123 S.Ct. 1800 , 155 L.Ed.2d 681 (2003).	1	2019–2019
Lawrence v. North Carolina green scotus · 2003 1 sentence 2019This argument by the State, however, does not address the Harbison issue. "[M]atters of trial strategy ... are not generally second-guessed by this Court." State v. Prevatte , 356 N.C. 178 , 236, 570 S.E.2d 440 , 472 (2002), cert. denied , 538 U.S. 986 , 123 S.Ct. 1800 , 155 L.Ed.2d 681 (2003).	1	2019–2019
State v. Prevatte green nc · 2002 2 sentences 2019This argument by the State, however, does not address the Harbison issue. "[M]atters of trial strategy ... are not generally second-guessed by this Court." State v. Prevatte , 356 N.C. 178 , 236, 570 S.E.2d 440 , 472 (2002), cert. denied , 538 U.S. 986 , 123 S.Ct. 1800 , 155 L.Ed.2d 681 (2003). 2019This argument by the State, however, does not address the Harbison issue. "[M]atters of trial strategy ... are not generally second-guessed by this Court." State v. Prevatte , 356 N.C. 178 , 236, 570 S.E.2d 440 , 472 (2002), cert. denied , 538 U.S. 986 , 123 S.Ct. 1800 , 155 L.Ed.2d 681 (2003).	1	2019–2019
State v. McGee green ncctapp · 2006 2 sentences 2008In making this argument, the State relies on McGee where this Court noted that “defendant’s counsel stipulated to the convictions set out in the indictment, resulting in no fatal variance.” Id., 175 N.C. 2008In making this argument, the State relies on McGee where this Court noted that “defendant’s counsel stipulated to the convictions set out in the indictment, resulting in no fatal variance.” Id., 175 N.C.	1	2008–2008
State v. Allen green nc · 2005 2 sentences 2005The Supreme Court of this State addressed the impact of Blakely in State v. Allen, 359 N.C. 425 , 615 S.E.2d 256 (2005). 2005The Supreme Court of this State addressed the impact of Blakely in State v. Allen, 359 N.C. 425 , 615 S.E.2d 256 (2005).	1	2005–2005
Mungia v. United States green scotus · 1997 1 sentence 2002In support of its position, the State argues that this error is an instructional error, thereby making this case distinguishable from State v. Reese, 319 N.C. 110 , 353 S.E.2d 352 (1987), overruled on other grounds by State v. Barnes, 345 N.C. 184 , 481 S.E.2d 44 , cert. denied, 522 U.S. 876 , 139 L.	1	2002–2002
State v. Reese green nc · 1987 2 sentences 2002In support of its position, the State argues that this error is an instructional error, thereby making this case distinguishable from State v. Reese, 319 N.C. 110 , 353 S.E.2d 352 (1987), overruled on other grounds by State v. Barnes, 345 N.C. 184 , 481 S.E.2d 44 , cert. denied, 522 U.S. 876 , 139 L. 2002In support of its position, the State argues that this error is an instructional error, thereby making this case distinguishable from State v. Reese, 319 N.C. 110 , 353 S.E.2d 352 (1987), overruled on other grounds by State v. Barnes, 345 N.C. 184 , 481 S.E.2d 44 , cert. denied, 522 U.S. 876 , 139 L.	1	2002–2002
State v. Barnes green nc · 1997 2 sentences 2002In support of its position, the State argues that this error is an instructional error, thereby making this case distinguishable from State v. Reese, 319 N.C. 110 , 353 S.E.2d 352 (1987), overruled on other grounds by State v. Barnes, 345 N.C. 184 , 481 S.E.2d 44 , cert. denied, 522 U.S. 876 , 139 L. 2002In support of its position, the State argues that this error is an instructional error, thereby making this case distinguishable from State v. Reese, 319 N.C. 110 , 353 S.E.2d 352 (1987), overruled on other grounds by State v. Barnes, 345 N.C. 184 , 481 S.E.2d 44 , cert. denied, 522 U.S. 876 , 139 L.	1	2002–2002
O'Steen v. CSX Transportation, Inc. green scotus · 1998 1 sentence 2002Ed. 2d 134 (1997), and cert. denied, 523 U.S. 1024 , 140 L.	1	2002–2002
Buchbinder v. Commissioner green scotus · 1998 1 sentence 2002Ed. 2d 134 (1997), and cert. denied, 523 U.S. 1024 , 140 L.	1	2002–2002
Thompson v. Drug Enforcement Administration green scotus · 1997 1 sentence 2002In support of its position, the State argues that this error is an instructional error, thereby making this case distinguishable from State v. Reese, 319 N.C. 110 , 353 S.E.2d 352 (1987), overruled on other grounds by State v. Barnes, 345 N.C. 184 , 481 S.E.2d 44 , cert. denied, 522 U.S. 876 , 139 L.	1	2002–2002
State v. Rose green nc · 1994 2 sentences 1996State v. Rose, 335 N.C. 301, 337 , 439 S.E.2d 518, 538 , cert. denied, - U.S. -, 129 L. 1996State v. Rose, 335 N.C. 301, 337 , 439 S.E.2d 518, 538 , cert. denied, - U.S. -, 129 L.	1	1996–1996

Where else courts name it

IL 111 (1966–2026) TX 57 (1978–2023) FL 38 (1983–2026) WA 38 (1949–2026) OR 35 (1981–2026) CT 34 (1975–2024) OH 34 (1968–2023) IN 20 (1973–2019) MS 18 (1965–2018) WI 16 (1983–2026) NM 16 (1985–2021) AZ 15 (1980–2024) UT 14 (1989–2018) IA 14 (1975–2022) KS 14 (1987–2026) GA 14 (1979–2016) TN 13 (1966–2019) NE 13 (1976–2026) AL 11 (1986–2017) MN 11 (1979–2019) NC 10 (1978–2019) MT 10 (1991–2025) WV 9 (1981–2023) MO 9 (1977–2016) LA 8 (1984–2025) ID 8 (2006–2022) MD 8 (1993–2021) NJ 7 (2015–2025) NY 6 (1958–2025) NV 5 (1974–2017) SC 4 (1978–2023) NH 4 (1994–2025) AK 4 (1986–2022) AR 4 (1988–2009) RI 4 (1988–2013) VT 3 (2011–2026) DE 3 (2016–2018) WY 3 (2000–2013) CA 3 (1965–2015) OK 3 (1993–1997) ND 2 (2020–2022) SD 2 (1979–2010)

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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