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10 North Carolina opinions name it 2 courts 1983–2022 2 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. Cheekgreen2 sentences2022See State v. Cheek, 351 N.C. 48 , 61- 62, 520 S.E.2d 545, 553 (1999) (“In order to successfully invoke the duress defense, a defendant would have to show that his ‘actions were caused by a reasonable fear that he would suffer immediate death or serious bodily injury if he did not so act.’”) (citation omitted). 2022See State v. Cheek, 351 N.C. 48 , 61- 62, 520 S.E.2d 545, 553 (1999) (“In order to successfully invoke the duress defense, a defendant would have to show that his ‘actions were caused by a reasonable fear that he would suffer immediate death or serious bodily injury if he did not so act.’”) (citation omitted). | 4 | 5 |
State v. Stricklandred2 sentences2001“In order to successfully invoke the duress defense, a defendant would have to show that his ‘actions were caused by a reasonable fear that he would suffer immediate death or serious bodily injury if he did not so act.’ ” Id. at 61-62, 520 S.E.2d at 553 (quoting State v. Strickland, 307 N.C. 274, 299 , 298 S.E.2d 645, 661 (1983), overruled on other grounds by State v. Johnson, 317 N.C. 193 , 344 S.E.2d 775 *55 (1986)). 2001“In order to successfully invoke the duress defense, a defendant would have to show that his ‘actions were caused by a reasonable fear that he would suffer immediate death or serious bodily injury if he did not so act.’ ” Id. at 61-62, 520 S.E.2d at 553 (quoting State v. Strickland, 307 N.C. 274, 299 , 298 S.E.2d 645, 661 (1983), overruled on other grounds by State v. Johnson, 317 N.C. 193 , 344 S.E.2d 775 *55 (1986)). | 2 | 2 |
State v. Kearnsgreen2 sentences2002Moreover, a duress instruction is improper if the defendant “had a reasonable opportunity to avoid doing the act without undue exposure to death or serious bodily harm.” State v. Kearns, 27 N.C. 2002Moreover, a duress instruction is improper if the defendant “had a reasonable opportunity to avoid doing the act without undue exposure to death or serious bodily harm.” State v. Kearns, 27 N.C. | 1 | 2 |
State v. Johnsongreen2 sentences2001“In order to successfully invoke the duress defense, a defendant would have to show that his ‘actions were caused by a reasonable fear that he would suffer immediate death or serious bodily injury if he did not so act.’ ” Id. at 61-62, 520 S.E.2d at 553 (quoting State v. Strickland, 307 N.C. 274, 299 , 298 S.E.2d 645, 661 (1983), overruled on other grounds by State v. Johnson, 317 N.C. 193 , 344 S.E.2d 775 *55 (1986)). 2001“In order to successfully invoke the duress defense, a defendant would have to show that his ‘actions were caused by a reasonable fear that he would suffer immediate death or serious bodily injury if he did not so act.’ ” Id. at 61-62, 520 S.E.2d at 553 (quoting State v. Strickland, 307 N.C. 274, 299 , 298 S.E.2d 645, 661 (1983), overruled on other grounds by State v. Johnson, 317 N.C. 193 , 344 S.E.2d 775 *55 (1986)). | 1 | 2 |
State v. Smarrgreen2 sentences2018The elements of duress have been stated as follows: "In order to successfully invoke the duress defense, a defendant would have to show that his 'actions were caused by a reasonable fear that he would suffer immediate death or serious bodily injury if he did not so act.' " Furthermore, a defense of duress "cannot be invoked as an excuse by one who had a reasonable opportunity to avoid doing the act without undue exposure to death or serious bodily harm." State v. Smarr , 146 N.C. 2018MILLER Opinion of the Court “In order to successfully invoke the duress defense, a defendant would have to show that his ‘actions were caused by a reasonable fear that he would suffer immediate death or serious bodily injury if he did not so act.’” Furthermore, a defense of duress “cannot be invoked as an excuse by one who had a reasonable opportunity to avoid doing the act without undue exposure to death or serious bodily harm.” State v. Smarr, 146 N.C. | 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 |
|---|---|---|
Wall v. Stout
green
2 sentences2017However, our Supreme Court's decision in Wall v. Stout , 310 N.C. 184 , 189, 311 S.E.2d 571 , 574 (1984), suggests that a defendant properly preserves a jury instructional issue when "a request to alter an instruction has been submitted and the trial judge has considered and refused the request." Here, Defendant's initial request for a duress instruction, coupled with the trial court's subsequent refusal, would appear to satisfy the issue of preservation. 2017However, our Supreme Court's decision in Wall v. Stout , 310 N.C. 184 , 189, 311 S.E.2d 571 , 574 (1984), suggests that a defendant properly preserves a jury instructional issue when "a request to alter an instruction has been submitted and the trial judge has considered and refused the request." Here, Defendant's initial request for a duress instruction, coupled with the trial court's subsequent refusal, would appear to satisfy the issue of preservation. | 1 | 2017–2017 |
State v. Brown
green
1 sentence2014“There must be evidence supporting each element of duress for the trial court to instruct the jury on that defense.” State v. Brown, 182 N.C. | 1 | 2014–2014 |
Cheek v. North Carolina
green
1 sentence2014“In order to successfully invoke the duress defense, a defendant would have to show that his actions were caused by a reasonable fear that he would suffer immediate death or serious bodily injury if he did not so act.” State v. Cheek, 351 N.C. 48, 61-62 , 520 S.E.2d 545, 553 (1999) (citation and quotation marks omitted), cert. denied, 530 U.S. 1245 , 147 L.Ed. 2d 965 (2000). | 1 | 2014–2014 |
State v. Hammonds
neutral
1 sentence2002A defendant is not entitled to a duress instruction if he fails to present evidence that his conduct resulted from a reasonable fear that he would “ ‘suffer immediate death or serious bodily injury if he did not so act.’ ” Id. (citation omitted). | 1 | 2002–2002 |
State v. Kearns
neutral
1 sentence2002App. 354, 357 , 219 S.E.2d 228, 231 (1975), disc. rev. denied, 289 N.C. 300 , 222 S.E.2d 700 (1976). | 1 | 2002–2002 |
State v. Fogler
neutral
1 sentence2002App. 354, 357 , 219 S.E.2d 228, 231 (1975), disc. rev. denied, 289 N.C. 300 , 222 S.E.2d 700 (1976). | 1 | 2002–2002 |
State v. Walker
green
1 sentence1983Although a defendant may rely on two inconsistent defenses, State v. Walker, 34 N.C. | 1 | 1983–1983 |
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.