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

9 North Carolina opinions name it 3 courts 1977–2020 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. Pruittgreen
nc · 1975 · cited in 1 North Carolina opinions naming this issue, 2013–2013
2 sentences

2013See State v. Pruitt, 286 N.C. 442, 458 , 212 S.E.2d 92, 102-03 (1975) (concluding the defendant’s confession was involuntary where the interrogating police officers’ statements created in the defendant “fear or hope, or both” when the officers implied that “things would be better for defendant if he would cooperate, i.e., confess”); State v. McKoy, 323 N.C. 1, 22 , 372 S.E.2d 12, 23 (1988) (“While intoxication is a circumstance critical to the issue of voluntariness, intoxication at the time of a confession does not necessarily render it involuntary.

2013See State v. Pruitt, 286 N.C. 442, 458 , 212 S.E.2d 92, 102-03 (1975) (concluding the defendant’s confession was involuntary where the interrogating police officers’ statements created in the defendant “fear or hope, or both” when the officers implied that “things would be better for defendant if he would cooperate, i.e., confess”); State v. McKoy, 323 N.C. 1, 22 , 372 S.E.2d 12, 23 (1988) (“While intoxication is a circumstance critical to the issue of voluntariness, intoxication at the time of a confession does not necessarily render it involuntary.

11
State v. McKoygreen
nc · 1988 · cited in 1 North Carolina opinions naming this issue, 2013–2013
2 sentences

2013See State v. Pruitt, 286 N.C. 442, 458 , 212 S.E.2d 92, 102-03 (1975) (concluding the defendant’s confession was involuntary where the interrogating police officers’ statements created in the defendant “fear or hope, or both” when the officers implied that “things would be better for defendant if he would cooperate, i.e., confess”); State v. McKoy, 323 N.C. 1, 22 , 372 S.E.2d 12, 23 (1988) (“While intoxication is a circumstance critical to the issue of voluntariness, intoxication at the time of a confession does not necessarily render it involuntary.

2013See State v. Pruitt, 286 N.C. 442, 458 , 212 S.E.2d 92, 102-03 (1975) (concluding the defendant’s confession was involuntary where the interrogating police officers’ statements created in the defendant “fear or hope, or both” when the officers implied that “things would be better for defendant if he would cooperate, i.e., confess”); State v. McKoy, 323 N.C. 1, 22 , 372 S.E.2d 12, 23 (1988) (“While intoxication is a circumstance critical to the issue of voluntariness, intoxication at the time of a confession does not necessarily render it involuntary.

11
Robinson Ex Rel. Robinson v. Life & Casualty Insurancegreen
nc · 1961 · cited in 1 North Carolina opinions naming this issue, 1996–1996
2 sentences

1996The admissibility of a blood alcohol test “depends upon a showing of compliance with conditions as to relevancy in point of time, tracing and identification of specimen, accuracy of analysis, and qual *601 ification of the witness as an expert in the field.” Robinson v. Insurance Co., 255 N.C. 669, 672 , 122 S.E.2d 801, 803 (1961).

1996The admissibility of a blood alcohol test “depends upon a showing of compliance with conditions as to relevancy in point of time, tracing and identification of specimen, accuracy of analysis, and qual *601 ification of the witness as an expert in the field.” Robinson v. Insurance Co., 255 N.C. 669, 672 , 122 S.E.2d 801, 803 (1961).

11
State v. Lynchgreen
· 1980 · cited in 1 North Carolina opinions naming this issue, 1982–1982
2 sentences

1982See State v. Lynch, 300 N.C. 534 , 268 S.E.2d 161 (1980); State v. Johnson, 298 N.C. 355 , 259 S.E.2d 752 (1979). [5] The witnesses sought by the defense to construct its intoxication theory were the persons who were present during the commission of the murders (and participated in the concealment thereof.) [6] It should perhaps be mentioned that the motion for the "pre-trial" interviews was actually filed after the jury selection process had already begun and only three working days before the full trial of the matter actually commenced. [In fact, the trial court heard and denied the motion o

1982See State v. Lynch, 300 N.C. 534 , 268 S.E.2d 161 (1980); State v. Johnson, 298 N.C. 355 , 259 S.E.2d 752 (1979). [5] The witnesses sought by the defense to construct its intoxication theory were the persons who were present during the commission of the murders (and participated in the concealment thereof.) [6] It should perhaps be mentioned that the motion for the "pre-trial" interviews was actually filed after the jury selection process had already begun and only three working days before the full trial of the matter actually commenced. [In fact, the trial court heard and denied the motion o

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 (11)

CaseCitedYears
State v. Ash green
ncctapp · 2008
2 sentences

2020Ash is readily distinguishable as, among other things, the alleged error in that case was not preserved, meaning defendant needed to show plain error. 193 N.C.

2020Ash is readily distinguishable as, among other things, the alleged error in that case was not preserved, meaning defendant needed to show plain error. 193 N.C.

22020–2020
Tharp v. Southern Gables, Inc. neutral
ncctapp · 1997
1 sentence

2000App. 364 , 481 S.E.2d 339 , disc. review denied, 346 N.C. 184 , 48 S.E.2d 219 (1997), we held that where no evidence existed that claimant was having alcohol withdrawal seizure at the time of injury and the employer was unable to cite any authority to support the intoxification defense, the employer did not have reasonable grounds to request a hearing before the Industrial Commission based on an intoxication defense.

12000–2000
Stevens v. Gab Business Services neutral
nc · 1997
1 sentence

2000App. 364 , 481 S.E.2d 339 , disc. review denied, 346 N.C. 184 , 48 S.E.2d 219 (1997), we held that where no evidence existed that claimant was having alcohol withdrawal seizure at the time of injury and the employer was unable to cite any authority to support the intoxification defense, the employer did not have reasonable grounds to request a hearing before the Industrial Commission based on an intoxication defense.

12000–2000
Inscoe v. DeRose Industries, Inc. green
nc · 1977
2 sentences

2000N.C.G.S. 97-12 ; Inscoe v. Industries, Inc., 292 N.C. 210 , 232 S.E.2d 449 (1977). 3.

2000N.C.G.S. 97-12 ; Inscoe v. Industries, Inc., 292 N.C. 210 , 232 S.E.2d 449 (1977). 3.

12000–2000
State v. Gerald green
· 1981
2 sentences

1988Id. at 521 , 284 S.E. 2d at 319 .

1988Id. at 521 , 284 S.E. 2d at 319 .

11988–1988
State v. Johnson green
nc · 1979
2 sentences

1982See State v. Lynch, 300 N.C. 534 , 268 S.E.2d 161 (1980); State v. Johnson, 298 N.C. 355 , 259 S.E.2d 752 (1979). [5] The witnesses sought by the defense to construct its intoxication theory were the persons who were present during the commission of the murders (and participated in the concealment thereof.) [6] It should perhaps be mentioned that the motion for the "pre-trial" interviews was actually filed after the jury selection process had already begun and only three working days before the full trial of the matter actually commenced. [In fact, the trial court heard and denied the motion o

1982See State v. Lynch, 300 N.C. 534 , 268 S.E.2d 161 (1980); State v. Johnson, 298 N.C. 355 , 259 S.E.2d 752 (1979). [5] The witnesses sought by the defense to construct its intoxication theory were the persons who were present during the commission of the murders (and participated in the concealment thereof.) [6] It should perhaps be mentioned that the motion for the "pre-trial" interviews was actually filed after the jury selection process had already begun and only three working days before the full trial of the matter actually commenced. [In fact, the trial court heard and denied the motion o

11982–1982
State v. Noell green
nc · 1974
2 sentences

1982In addition, although some of the foregoing comments were colorful in terminology, we find that as a whole the remarks were compatible with the evidence in the case and that the district attorney was certainly authorized to argue to the jury that the facts did not support a credible defense of intoxication. [4] See State v. Noell, 284 N.C. 670 , 202 S.E.2d 750 (1974), death sentence vacated, 428 U.S. 902 , 96 S.Ct. 3203 , 49 L.Ed.2d 1205 (1976). (b) We likewise believe that the trial court's instructions upon the intoxication defense were entirely correct.

1982In addition, although some of the foregoing comments were colorful in terminology, we find that as a whole the remarks were compatible with the evidence in the case and that the district attorney was certainly authorized to argue to the jury that the facts did not support a credible defense of intoxication. [4] See State v. Noell, 284 N.C. 670 , 202 S.E.2d 750 (1974), death sentence vacated, 428 U.S. 902 , 96 S.Ct. 3203 , 49 L.Ed.2d 1205 (1976). (b) We likewise believe that the trial court's instructions upon the intoxication defense were entirely correct.

11982–1982
Franklin v. Fitzpatrick green
scotus · 1976
2 sentences

1982In addition, although some of the foregoing comments were colorful in terminology, we find that as a whole the remarks were compatible with the evidence in the case and that the district attorney was certainly authorized to argue to the jury that the facts did not support a credible defense of intoxication. [4] See State v. Noell, 284 N.C. 670 , 202 S.E.2d 750 (1974), death sentence vacated, 428 U.S. 902 , 96 S.Ct. 3203 , 49 L.Ed.2d 1205 (1976). (b) We likewise believe that the trial court's instructions upon the intoxication defense were entirely correct.

1982In addition, although some of the foregoing comments were colorful in terminology, we find that as a whole the remarks were compatible with the evidence in the case and that the district attorney was certainly authorized to argue to the jury that the facts did not support a credible defense of intoxication. 4 See State v. Noell, 284 N.C. 670 , 202 S.E. 2d 750 (1974), death sentence vacated, 428 U.S. 902 , 96 S.Ct. 3203 , 49 L.Ed. 2d 1205 (1976). (b) We likewise believe that the trial court’s instructions upon the intoxication defense were entirely correct.

11982–1982
Henderson v. North Carolina green
scotus · 1976
2 sentences

1982In addition, although some of the foregoing comments were colorful in terminology, we find that as a whole the remarks were compatible with the evidence in the case and that the district attorney was certainly authorized to argue to the jury that the facts did not support a credible defense of intoxication. [4] See State v. Noell, 284 N.C. 670 , 202 S.E.2d 750 (1974), death sentence vacated, 428 U.S. 902 , 96 S.Ct. 3203 , 49 L.Ed.2d 1205 (1976). (b) We likewise believe that the trial court's instructions upon the intoxication defense were entirely correct.

1982In addition, although some of the foregoing comments were colorful in terminology, we find that as a whole the remarks were compatible with the evidence in the case and that the district attorney was certainly authorized to argue to the jury that the facts did not support a credible defense of intoxication. 4 See State v. Noell, 284 N.C. 670 , 202 S.E. 2d 750 (1974), death sentence vacated, 428 U.S. 902 , 96 S.Ct. 3203 , 49 L.Ed. 2d 1205 (1976). (b) We likewise believe that the trial court’s instructions upon the intoxication defense were entirely correct.

11982–1982
Noell v. North Carolina neutral
scotus · 1976
2 sentences

1982In addition, although some of the foregoing comments were colorful in terminology, we find that as a whole the remarks were compatible with the evidence in the case and that the district attorney was certainly authorized to argue to the jury that the facts did not support a credible defense of intoxication. [4] See State v. Noell, 284 N.C. 670 , 202 S.E.2d 750 (1974), death sentence vacated, 428 U.S. 902 , 96 S.Ct. 3203 , 49 L.Ed.2d 1205 (1976). (b) We likewise believe that the trial court's instructions upon the intoxication defense were entirely correct.

1982In addition, although some of the foregoing comments were colorful in terminology, we find that as a whole the remarks were compatible with the evidence in the case and that the district attorney was certainly authorized to argue to the jury that the facts did not support a credible defense of intoxication. 4 See State v. Noell, 284 N.C. 670 , 202 S.E. 2d 750 (1974), death sentence vacated, 428 U.S. 902 , 96 S.Ct. 3203 , 49 L.Ed. 2d 1205 (1976). (b) We likewise believe that the trial court’s instructions upon the intoxication defense were entirely correct.

11982–1982
Lassiter v. Town of Chapel Hill green
ncctapp · 1972
1 sentence

1977In Lassiter v. Town of Chapel Hill, 15 N.C.

11977–1977

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 15A-1443 (3)

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

NY 114 (1985–2026) FL 45 (1985–2025) CA 43 (1970–2026) IL 41 (1975–2021) IN 41 (1976–2020) LA 41 (1968–2025) MI 39 (1970–2022) WA 39 (1976–2023) NJ 36 (1978–2026) IA 29 (1957–2024) MA 25 (1983–2018) KY 20 (1969–2024) WI 18 (1976–2021) NM 16 (1983–2025) PA 16 (1970–2019) MO 14 (1982–1995) AL 14 (1977–2025) MN 12 (1975–2016) CO 12 (1975–2026) WY 11 (1977–2012) AZ 10 (1983–2009) OH 10 (1998–2006) NC 9 (1977–2020) KS 8 (1965–2017) OK 8 (1989–2018) NE 7 (1988–2026) TX 7 (1977–2019) MT 7 (1987–2012) DC 6 (1973–2008) TN 6 (1980–2015) CT 6 (1991–2024) ME 5 (1978–2025) UT 5 (1983–2014) WV 4 (1982–1996) RI 4 (1971–2021) NH 4 (1984–1994) MS 3 (1980–2006) MD 3 (2002–2023) VA 3 (1986–2009) SD 2 (1978–1996) AK 2 (1978–1985) ND 2 (1982–1993) AR 2 (1996–2010) ID 2 (1976–2022)

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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