determined defense (North Carolina) · Go Syfert
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determined defense in North Carolina

9 North Carolina opinions name it 2 courts 1987–2020 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)

CaseFollowedCited
State v. Smithgreen
nc · 1988 · cited in 2 North Carolina opinions naming this issue, 2020–2020
2 sentences

2020See Smith, 323 N.C. at 440 , 373 S.E.2d at 436 .

2020See Smith, 323 N.C. at 440 , 373 S.E.2d at 436 .

22
State v. Bellamygreen
ncctapp · 2005 · cited in 1 North Carolina opinions naming this issue, 2020–2020
2 sentences

2020In State v. Bellamy, this Court determined that the standard of proving penetration for a sexual offense was the same as that of rape: “evidence that the defendant entered the labia is sufficient to prove the element of penetration.” 172 N.C.

2020App. 649, 658 , 617 S.E.2d 81, 88 (2005) (“Our Supreme Court has held that in the context of rape, evidence that the defendant entered the labia is sufficient to prove the element of penetration.

11
Freeman v. Rothrockgreen
ncctapp · 2008 · cited in 1 North Carolina opinions naming this issue, 2014–2014
2 sentences

2014We presume that the legislature was aware of this Court’s decision in Freeman applying the Larson test and, under these circumstances, we conclude that the legislature intended to adoptthe Larson test as Freeman initially expressed and applied it. *349 In Freeman , this Court determined that the requirement of “a causal connection” between the plaintiffs misrepresentations and his earlier back injury presented “the issue . . . whether his undisclosed medical condition increased his risk of injury.” 189 N.C.

2014App. at 45,46 , 657 S.E.2d at 398, 399 .

11
Parametric Capital Management, LLC v. Lachergreen
nyappdiv · 2005 · cited in 1 North Carolina opinions naming this issue, 2008–2008
1 sentence

2008In Parametric Capital Mgmt., LLC v. Lacher, the court determined that a claim for breach of fiduciary duty only “ripens” when damages are alleged. 15 A.D.3d 301, 302 (N.Y.

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 (4)

CaseCitedYears
Attorney Grievance Commission v. Alison green
md · 1989
2 sentences

2017Id. at 538 , 565 A.2d at 667 .

2017Id. at 538 , 565 A.2d at 667 .

12017–2017
State v. Taylor green
ncctapp · 1986
2 sentences

2008This Court determined the defense counsel's decision, although "troublesome," did not "constitute[] deficient performance prejudicial to the defendant." Id. at 637 , 339 S.E.2d at 861 .

2008This Court determined the defense counsel's decision, although "troublesome," did not "constitute[] deficient performance prejudicial to the defendant." Id. at 637 , 339 S.E.2d at 861 .

12008–2008
State v. Roper green
nc · 1991
2 sentences

1992State v. Roper, 328 N.C. 337 , 402 S.E.2d 600 (in which the jury found all fifteen mitigating circumstances submitted).

1992State v. Roper, 328 N.C. 337 , 402 S.E.2d 600 (in which the jury found all fifteen mitigating circumstances submitted).

11992–1992
State v. Eury green
nc · 1986
2 sentences

1987Eury, 317 N.C. at 517 , 346 S.E.2d at 450 .

1987Eury, 317 N.C. at 517 , 346 S.E.2d at 450 .

11987–1987

Where else courts name it

IL 79 (1973–2026) TX 69 (1970–2025) CA 62 (1953–2025) PA 44 (1909–2024) FL 43 (1978–2025) WA 34 (1966–2025) OH 29 (1943–2025) NY 28 (1981–2023) NJ 25 (1980–2025) IN 25 (1945–2019) MD 23 (1994–2024) MS 23 (1994–2026) MI 21 (1981–2026) TN 19 (1993–2022) CT 16 (1986–2019) MO 15 (1990–2024) WI 14 (1974–2024) KS 13 (1934–2020) UT 13 (1984–2022) OR 12 (2007–2022) LA 12 (1977–2018) IA 12 (1988–2019) NM 10 (1998–2013) AZ 10 (1977–2025) AL 9 (1991–2024) NC 9 (1987–2020) NE 8 (1999–2023) GA 8 (1996–2024) OK 8 (1986–2016) WY 7 (1979–2021) MN 7 (1993–2016) MT 7 (1989–2021) ID 6 (1990–2015) CO 6 (1992–2001) HI 5 (2002–2012) RI 5 (1981–2020) VA 5 (2000–2013) KY 4 (2008–2019) SD 4 (1986–2004) DE 4 (1974–2025) SC 4 (1993–2021) MA 3 (2002–2010) WV 3 (1979–2018) NV 3 (1982–2016) ND 2 (1965–2025) AR 2 (2001–2004) DC 2 (1982–1985) AK 2 (1980–1985)

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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