proffered instruction (North Carolina) · Go Syfert
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proffered instruction in North Carolina

10 North Carolina opinions name it 2 courts 1976–2020 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 (7)

CaseFollowedCited
State v. Scalesgreen
ncctapp · 1976 · cited in 3 North Carolina opinions naming this issue, 2002–2009
2 sentences

2009“The proffered instruction must . . . contain a correct legal request and be pertinent to the evidence and the issues of the case.” State v. Scales, 28 N.C.

2005“The proffered instruction must . . . contain a correct legal request and be pertinent to the evidence and the issues of the case.” State v. Scales, 28 N.C.

33
Wheat v. United Statesgreen
scotus · 1988 · cited in 1 North Carolina opinions naming this issue, 2020–2020
1 sentence

2020While a defendant may waive the Sixth Amendment right to conflict-free counsel in certain circumstances, State v. Nations, 319 N.C. 318, 326 , 354 S.E.2d 510, 515 (1987), some conflicts are deemed to be so fundamental that they may not be waived, see Wheat v. United States, 486 U.S. 153, 160, 162-63 (1988) (noting that “courts have an independent interest in ensuring that criminal trials are conducted within the ethical standards of the profession and -6- that legal proceedings appear fair to all who observe them” and recognizing the trial court’s discretion to decline a defendant’s proffered

11
State v. Nationsgreen
nc · 1987 · cited in 1 North Carolina opinions naming this issue, 2020–2020
2 sentences

2020While a defendant may waive the Sixth Amendment right to conflict-free counsel in certain circumstances, State v. Nations, 319 N.C. 318, 326 , 354 S.E.2d 510, 515 (1987), some conflicts are deemed to be so fundamental that they may not be waived, see Wheat v. United States, 486 U.S. 153, 160, 162-63 (1988) (noting that “courts have an independent interest in ensuring that criminal trials are conducted within the ethical standards of the profession and -6- that legal proceedings appear fair to all who observe them” and recognizing the trial court’s discretion to decline a defendant’s proffered

2020While a defendant may waive the Sixth Amendment right to conflict-free counsel in certain circumstances, State v. Nations, 319 N.C. 318, 326 , 354 S.E.2d 510, 515 (1987), some conflicts are deemed to be so fundamental that they may not be waived, see Wheat v. United States, 486 U.S. 153, 160, 162-63 (1988) (noting that “courts have an independent interest in ensuring that criminal trials are conducted within the ethical standards of the profession and -6- that legal proceedings appear fair to all who observe them” and recognizing the trial court’s discretion to decline a defendant’s proffered

11
State v. Reevesgreen
nc · 1994 · cited in 1 North Carolina opinions naming this issue, 2000–2000
2 sentences

2000The State should not be permitted to ask for the death sentence because the victim is a “good person,” any more than a defendant should be entitled to seek life imprisonment because the victim was someone of “bad character.” 337 N.C. 700, 723 , 448 S.E.2d 802, 812 (1994), cert. denied, 514 U.S. 1114 , 131 L.

2000The State should not be permitted to ask for the death sentence because the victim is a “good person,” any more than a defendant should be entitled to seek life imprisonment because the victim was someone of “bad character.” 337 N.C. 700, 723 , 448 S.E.2d 802, 812 (1994), cert. denied, 514 U.S. 1114 , 131 L.

11
Millis Construction Co. v. Fairfield Sapphire Valley, Inc.green
ncctapp · 1987 · cited in 1 North Carolina opinions naming this issue, 1996–1996
1 sentence

1996See Millis Construction Co., 86 N.C.

11
State v. Hillgreen
nc · 1992 · cited in 1 North Carolina opinions naming this issue, 1995–1995
2 sentences

1995See Hill, 331 N.C. at 420 , 417 S.E.2d at 782 .

1995See Hill, 331 N.C. at 420 , 417 S.E.2d at 782 .

11
State v. Adcockgreen
nc · 1983 · cited in 1 North Carolina opinions naming this issue, 1989–1989
2 sentences

1989In so contending, defendant unjustifiably “seeks to invade the discretionary power of the trial judge’s duty to supervise and control the course of the trial.” State v. Adcock, 310 N.C. 1, 11 , 310 S.E.2d 587, 593-94 (1984).

1989In so contending, defendant unjustifiably “seeks to invade the discretionary power of the trial judge’s duty to supervise and control the course of the trial.” State v. Adcock, 310 N.C. 1, 11 , 310 S.E.2d 587, 593-94 (1984).

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 (3)

CaseCitedYears
State v. Napier green
ncctapp · 2002
1 sentence

2003However the trial court may exercise discretion to refuse instructions based on erroneous statements of the law.” State v. Napier, 149 N.C.

12003–2003
Smith v. United States green
scotus · 1995
2 sentences

2000The State should not be permitted to ask for the death sentence because the victim is a “good person,” any more than a defendant should be entitled to seek life imprisonment because the victim was someone of “bad character.” 337 N.C. 700, 723 , 448 S.E.2d 802, 812 (1994), cert. denied, 514 U.S. 1114 , 131 L.

2000The State should not be permitted to ask for the death sentence because the victim is a “good person,” any more than a defendant should be entitled to seek life imprisonment because the victim was someone of “bad character.” 337 N.C. 700, 723 , 448 S.E.2d 802, 812 (1994), cert. denied, 514 U.S. 1114 , 131 L.

12000–2000
Calhoun v. State Highway & Public Works Commission green
nc · 1935
2 sentences

1976Calhoun v. Highway Comm’n, 208 N.C. 424 , 181 S.E. 2d 271 (1935).

1976Calhoun v. Highway Comm’n, 208 N.C. 424 , 181 S.E. 2d 271 (1935).

11976–1976

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 1-181 (5) NC § N.C. Gen. Stat. § 15A-2000 (3) NC § N.C. Gen. Stat. § 8C-1 (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

CA 172 (1930–2026) VA 152 (1920–2026) AR 104 (1968–2026) MO 83 (1919–2025) MS 72 (1970–2022) IL 64 (1937–2026) NY 55 (1975–2024) IN 53 (1976–2020) OR 36 (1958–2026) NV 28 (1922–2021) FL 22 (1908–2021) NE 21 (1921–2021) DC 18 (1982–2023) NM 17 (1983–2021) PA 16 (1927–2025) WV 15 (1935–2026) TX 13 (1941–2023) MD 12 (1975–2023) OH 12 (1990–2024) MN 11 (1974–2016) NC 10 (1976–2020) MI 10 (1973–2025) CO 10 (1970–2026) WY 9 (1970–2016) AZ 9 (1961–2014) WI 7 (1977–2019) MT 7 (1980–2016) NJ 7 (1961–2008) OK 7 (1928–2001) MA 6 (1982–2017) IA 5 (1908–2003) KS 5 (1976–2021) HI 5 (1986–2006) SD 5 (1985–2002) LA 4 (1956–2015) KY 4 (1939–2016) WA 4 (1914–2025) VI 3 (2009–2013) VT 3 (1989–2015) UT 3 (1991–2025) CT 3 (1994–2005) GA 3 (1967–2009) TN 3 (2001–2015) AL 2 (1984–2012) NH 2 (1985–2024) DE 2 (1981–2025) RI 2 (1981–2000)

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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