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

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.

Followed or applied (5)

CaseFollowedCited
State v. Cheekgreen
nc · 1999 · cited in 5 North Carolina opinions naming this issue, 2001–2022
2 sentences

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).

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).

45
State v. Stricklandred
nc · 1983 · cited in 2 North Carolina opinions naming this issue, 1999–2001
2 sentences

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)).

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)).

22
State v. Kearnsgreen
ncctapp · 1975 · cited in 2 North Carolina opinions naming this issue, 2001–2002
2 sentences

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.

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.

12
State v. Johnsongreen
nc · 1986 · cited in 2 North Carolina opinions naming this issue, 1999–2001
2 sentences

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)).

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)).

12
State v. Smarrgreen
ncctapp · 2001 · cited in 1 North Carolina opinions naming this issue, 2018–2018
2 sentences

2018The 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.

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 (7)

CaseCitedYears
Wall v. Stout green
nc · 1984
2 sentences

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.

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.

12017–2017
State v. Brown green
ncctapp · 2007
1 sentence

2014“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.

12014–2014
Cheek v. North Carolina green
scotus · 2000
1 sentence

2014“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).

12014–2014
State v. Hammonds neutral
nc · 2001
1 sentence

2002A 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).

12002–2002
State v. Kearns neutral
nc · 1976
1 sentence

2002App. 354, 357 , 219 S.E.2d 228, 231 (1975), disc. rev. denied, 289 N.C. 300 , 222 S.E.2d 700 (1976).

12002–2002
State v. Fogler neutral
nc · 1976
1 sentence

2002App. 354, 357 , 219 S.E.2d 228, 231 (1975), disc. rev. denied, 289 N.C. 300 , 222 S.E.2d 700 (1976).

12002–2002
State v. Walker green
ncctapp · 1977
1 sentence

1983Although a defendant may rely on two inconsistent defenses, State v. Walker, 34 N.C.

11983–1983

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 15A-1443 (4) NC § N.C. Gen. Stat. § 8C-1 (4)

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

CA 62 (1976–2026) MI 46 (1975–2026) NM 41 (1982–2026) PA 32 (1974–2025) TX 29 (1991–2026) NY 25 (1983–2025) WA 25 (1988–2025) OH 24 (1977–2026) AZ 15 (1984–2025) NJ 14 (1988–2025) FL 14 (1981–2024) MS 13 (1994–2026) MD 12 (1970–2021) CO 12 (1998–2024) NC 10 (1983–2022) IL 10 (1989–2026) ME 9 (1993–2021) OK 8 (1931–2003) MO 8 (1885–2019) CT 7 (1987–2015) TN 5 (2005–2019) GA 5 (1981–2019) DC 4 (1996–2009) VA 4 (2005–2025) MA 4 (2000–2023) NV 4 (2019–2020) WY 4 (1992–2015) SD 4 (1985–2025) UT 3 (1986–2003) IN 3 (1988–2018) OR 3 (1978–2025) DE 3 (1998–2024) RI 3 (2000–2008) AL 3 (1991–2005) NE 2 (1987–2020) HI 2 (2000–2007) AK 2 (2001–2021) WV 2 (2002–2014) MN 2 (2002–2008) KS 2 (1991–2011)

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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