10 North Carolina opinions name it 2 courts 2000–2019 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.
| Case | Followed | Cited |
|---|---|---|
State v. Sturdivantgreen2 sentences2019"The alleged failure of a criminal pleading to charge the essential elements of a stated offense is an error of law that this Court reviews de novo." State v. Williams , 368 N.C. 620 , 622, 781 S.E.2d 268 , 270 (2016) (citing Sturdivant , 304 N.C. at 308 -11 , 283 S.E.2d at 729-31 ). 2019"The alleged failure of a criminal pleading to charge the essential elements of a stated offense is an error of law that this Court reviews de novo." State v. Williams , 368 N.C. 620 , 622, 781 S.E.2d 268 , 270 (2016) (citing Sturdivant , 304 N.C. at 308 -11 , 283 S.E.2d at 729-31 ). | 4 | 8 |
State v. Marshallgreen2 sentences2017"The alleged failure of a criminal pleading to charge the essential elements of a stated offense is an error of law that this Court reviews de novo ." State v. Williams , 368 N.C. 620 , 622, 781 S.E.2d 268 , 270 (2016) ; see also State v. Marshall , 188 N.C. 2011State v. Marshall, 188 N.C.App. 744, 748 , 656 S.E.2d 709, 712 (2008). "[I]t is well-settled that the failure of a criminal pleading to charge the essential *468 elements of the stated offense is an error of law which may be corrected upon appellate review even though no corresponding objection, exception or motion was made in the trial division.'" Id. at 747 , 656 S.E.2d at 712 (quoting State v. Sturdivant, 304 N.C. 293, 308 , 283 S.E.2d 719, 729 (1981)). | 2 | 2 |
State v. Marshallgreen1 sentence2017App. 744 , 748, 656 S.E.2d 709 , 712, disc. rev. denied , 362 N.C. 368 , 661 S.E.2d 890 (2008) ("We review the issue of insufficiency of an indictment under a de novo standard of review."). | 1 | 1 |
State v. McLambgreen1 sentence2017App. 744 , 748, 656 S.E.2d 709 , 712, disc. rev. denied , 362 N.C. 368 , 661 S.E.2d 890 (2008) ("We review the issue of insufficiency of an indictment under a de novo standard of review."). | 1 | 1 |
State v. McBanegreen2 sentences2011"Jurisdiction to try an accused for a felony depends upon a valid bill of indictment guaranteed by Article I, Section 22 of the North Carolina Constitution." State v. Snyder, 343 N.C. 61, 65 , 468 S.E.2d 221, 224 (1996) (citing State v. McBane, 276 N.C. 60, 65 , 170 S.E.2d 913, 916 (1969)). 2011"Jurisdiction to try an accused for a felony depends upon a valid bill of indictment guaranteed by Article I, Section 22 of the North Carolina Constitution." State v. Snyder, 343 N.C. 61, 65 , 468 S.E.2d 221, 224 (1996) (citing State v. McBane, 276 N.C. 60, 65 , 170 S.E.2d 913, 916 (1969)). | 1 | 1 |
State v. Snydergreen2 sentences2011"Jurisdiction to try an accused for a felony depends upon a valid bill of indictment guaranteed by Article I, Section 22 of the North Carolina Constitution." State v. Snyder, 343 N.C. 61, 65 , 468 S.E.2d 221, 224 (1996) (citing State v. McBane, 276 N.C. 60, 65 , 170 S.E.2d 913, 916 (1969)). 2011"Jurisdiction to try an accused for a felony depends upon a valid bill of indictment guaranteed by Article I, Section 22 of the North Carolina Constitution." State v. Snyder, 343 N.C. 61, 65 , 468 S.E.2d 221, 224 (1996) (citing State v. McBane, 276 N.C. 60, 65 , 170 S.E.2d 913, 916 (1969)). | 1 | 1 |
Ealey v. Oklahomagreen1 sentence2008Nevertheless, it is well-settled that “the failure of a criminal pleading to charge the essential elements of the stated offense is an error of law which may be corrected upon appellate review even though no corresponding objection, exception or motion was made in the trial division.” State v. Sturdivant, 304 N.C. 293, 308 , 283 S.E.2d 719, 729 (1981); see also State v. Wallace, 351 N.C. 481, 503 , 528 S.E.2d 326, 341 (“[W]here an indictment is alleged to be invalid on its face, thereby depriving the trial court of its jurisdiction, a challenge to that indictment may be made at any time, even | 1 | 1 |
Turner v. Arkansas Mental Health Departmentgreen1 sentence2008Nevertheless, it is well-settled that “the failure of a criminal pleading to charge the essential elements of the stated offense is an error of law which may be corrected upon appellate review even though no corresponding objection, exception or motion was made in the trial division.” State v. Sturdivant, 304 N.C. 293, 308 , 283 S.E.2d 719, 729 (1981); see also State v. Wallace, 351 N.C. 481, 503 , 528 S.E.2d 326, 341 (“[W]here an indictment is alleged to be invalid on its face, thereby depriving the trial court of its jurisdiction, a challenge to that indictment may be made at any time, even | 1 | 1 |
State v. Wallacegreen2 sentences2008Nevertheless, it is well-settled that “the failure of a criminal pleading to charge the essential elements of the stated offense is an error of law which may be corrected upon appellate review even though no corresponding objection, exception or motion was made in the trial division.” State v. Sturdivant, 304 N.C. 293, 308 , 283 S.E.2d 719, 729 (1981); see also State v. Wallace, 351 N.C. 481, 503 , 528 S.E.2d 326, 341 (“[W]here an indictment is alleged to be invalid on its face, thereby depriving the trial court of its jurisdiction, a challenge to that indictment may be made at any time, even 2008Nevertheless, it is well-settled that “the failure of a criminal pleading to charge the essential elements of the stated offense is an error of law which may be corrected upon appellate review even though no corresponding objection, exception or motion was made in the trial division.” State v. Sturdivant, 304 N.C. 293, 308 , 283 S.E.2d 719, 729 (1981); see also State v. Wallace, 351 N.C. 481, 503 , 528 S.E.2d 326, 341 (“[W]here an indictment is alleged to be invalid on its face, thereby depriving the trial court of its jurisdiction, a challenge to that indictment may be made at any time, even | 1 | 1 |
State v. McGahagreen2 sentences2006In State v. McGaha, our Supreme Court arrested judgment against the defendant. 306 N.C. 699, 700 , 295 S.E.2d 449, 450 (1982). 2006In State v. McGaha, our Supreme Court arrested judgment against the defendant. 306 N.C. 699, 700 , 295 S.E.2d 449, 450 (1982). | 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 |
|---|---|---|
State v. Williams
green
2 sentences2019"The alleged failure of a criminal pleading to charge the essential elements of a stated offense is an error of law that this Court reviews de novo." State v. Williams , 368 N.C. 620 , 622, 781 S.E.2d 268 , 270 (2016) (citing Sturdivant , 304 N.C. at 308 -11 , 283 S.E.2d at 729-31 ). 2019"The alleged failure of a criminal pleading to charge the essential elements of a stated offense is an error of law that this Court reviews de novo." State v. Williams , 368 N.C. 620 , 622, 781 S.E.2d 268 , 270 (2016) (citing Sturdivant , 304 N.C. at 308 -11 , 283 S.E.2d at 729-31 ). | 2 | 2017–2019 |
State v. Anderson
green
2 sentences2019App. 472 , 474, 762 S.E.2d 894 , 895 (2014). "[T]he failure of a criminal pleading to charge the essential elements of the stated offense is an error of law which may be corrected upon appellate review even though no corresponding objection, exception or motion was made in the trial division." State v. Anderson , 177 N.C. 2019App. 54 , 59, 627 S.E.2d 501 , 503-04 (2006). | 1 | 2019–2019 |
State v. Wilson
green
1 sentence2019App. 472 , 474, 762 S.E.2d 894 , 895 (2014). "[T]he failure of a criminal pleading to charge the essential elements of the stated offense is an error of law which may be corrected upon appellate review even though no corresponding objection, exception or motion was made in the trial division." State v. Anderson , 177 N.C. | 1 | 2019–2019 |
In re Smallwood
green
1 sentence2008Ed. 2d 498 (2000), reh’g denied, 531 U.S. 1120 , 148 L. | 1 | 2008–2008 |
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.