cured any error (North Carolina) · Go Syfert
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cured any error in North Carolina

8 North Carolina opinions name it 2 courts 1991–2005 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 (9)

CaseFollowedCited
State v. Bowiegreen
nc · 1995 · cited in 3 North Carolina opinions naming this issue, 1997–2005
2 sentences

2005Presuming Corriher's testimony before the jury was improper, "`the court cured any error by its action in sustaining the objection and giving the curative instruction.'" State v. Fletcher, 125 N.C.App. 505, 512 , 481 S.E.2d 418, 423 (1997) (quoting State v. Bowie, 340 N.C. 199, 209 , 456 S.E.2d 771, 776 , cert. denied, 516 U.S. 994 , 116 S.Ct. 529 , 133 L.Ed.2d 435 (1995)).

2005Presuming Corriher's testimony before the jury was improper, "`the court cured any error by its action in sustaining the objection and giving the curative instruction.'" State v. Fletcher, 125 N.C.App. 505, 512 , 481 S.E.2d 418, 423 (1997) (quoting State v. Bowie, 340 N.C. 199, 209 , 456 S.E.2d 771, 776 , cert. denied, 516 U.S. 994 , 116 S.Ct. 529 , 133 L.Ed.2d 435 (1995)).

13
Mutch v. Jarrattgreen
scotus · 1995 · cited in 2 North Carolina opinions naming this issue, 1999–2005
2 sentences

2005App. 505, 512 , 481 S.E.2d 418, 423 (1997) (quoting State v. Bowie, 340 N.C. 199, 209 , 456 S.E.2d 771, 776 , cert. denied, 516 U.S. 994 , 133 L.

2005Presuming Corriher's testimony before the jury was improper, "`the court cured any error by its action in sustaining the objection and giving the curative instruction.'" State v. Fletcher, 125 N.C.App. 505, 512 , 481 S.E.2d 418, 423 (1997) (quoting State v. Bowie, 340 N.C. 199, 209 , 456 S.E.2d 771, 776 , cert. denied, 516 U.S. 994 , 116 S.Ct. 529 , 133 L.Ed.2d 435 (1995)).

12
State v. . Stricklandgreen
nc · 1948 · cited in 1 North Carolina opinions naming this issue, 1996–1996
2 sentences

1996"When the trial court withdraws incompetent evidence and instructs the jury not to consider it, any prejudice is ordinarily cured." State v. Black, 328 N.C. 191, 200 , 400 S.E.2d 398, 404 (1991). "`In appraising the effect of incompetent evidence once admitted and afterwards withdrawn, the Court will look to the nature of the evidence and its probable influence upon the minds of the jury in reaching a verdict.'" State v. Hunt, 287 N.C. 360, 374 , 215 S.E.2d 40, 49 (1975) (quoting State v. Strickland, 229 N.C. 201, 207 , 49 S.E.2d 469, 473 (1948)).

1996"When the trial court withdraws incompetent evidence and instructs the jury not to consider it, any prejudice is ordinarily cured." State v. Black, 328 N.C. 191, 200 , 400 S.E.2d 398, 404 (1991). "`In appraising the effect of incompetent evidence once admitted and afterwards withdrawn, the Court will look to the nature of the evidence and its probable influence upon the minds of the jury in reaching a verdict.'" State v. Hunt, 287 N.C. 360, 374 , 215 S.E.2d 40, 49 (1975) (quoting State v. Strickland, 229 N.C. 201, 207 , 49 S.E.2d 469, 473 (1948)).

11
State v. Blackgreen
nc · 1991 · cited in 1 North Carolina opinions naming this issue, 1996–1996
2 sentences

1996"When the trial court withdraws incompetent evidence and instructs the jury not to consider it, any prejudice is ordinarily cured." State v. Black, 328 N.C. 191, 200 , 400 S.E.2d 398, 404 (1991). "`In appraising the effect of incompetent evidence once admitted and afterwards withdrawn, the Court will look to the nature of the evidence and its probable influence upon the minds of the jury in reaching a verdict.'" State v. Hunt, 287 N.C. 360, 374 , 215 S.E.2d 40, 49 (1975) (quoting State v. Strickland, 229 N.C. 201, 207 , 49 S.E.2d 469, 473 (1948)).

1996"When the trial court withdraws incompetent evidence and instructs the jury not to consider it, any prejudice is ordinarily cured." State v. Black, 328 N.C. 191, 200 , 400 S.E.2d 398, 404 (1991). "`In appraising the effect of incompetent evidence once admitted and afterwards withdrawn, the Court will look to the nature of the evidence and its probable influence upon the minds of the jury in reaching a verdict.'" State v. Hunt, 287 N.C. 360, 374 , 215 S.E.2d 40, 49 (1975) (quoting State v. Strickland, 229 N.C. 201, 207 , 49 S.E.2d 469, 473 (1948)).

11
State v. Huntgreen
nc · 1975 · cited in 1 North Carolina opinions naming this issue, 1996–1996
2 sentences

1996"When the trial court withdraws incompetent evidence and instructs the jury not to consider it, any prejudice is ordinarily cured." State v. Black, 328 N.C. 191, 200 , 400 S.E.2d 398, 404 (1991). "`In appraising the effect of incompetent evidence once admitted and afterwards withdrawn, the Court will look to the nature of the evidence and its probable influence upon the minds of the jury in reaching a verdict.'" State v. Hunt, 287 N.C. 360, 374 , 215 S.E.2d 40, 49 (1975) (quoting State v. Strickland, 229 N.C. 201, 207 , 49 S.E.2d 469, 473 (1948)).

1996"When the trial court withdraws incompetent evidence and instructs the jury not to consider it, any prejudice is ordinarily cured." State v. Black, 328 N.C. 191, 200 , 400 S.E.2d 398, 404 (1991). "`In appraising the effect of incompetent evidence once admitted and afterwards withdrawn, the Court will look to the nature of the evidence and its probable influence upon the minds of the jury in reaching a verdict.'" State v. Hunt, 287 N.C. 360, 374 , 215 S.E.2d 40, 49 (1975) (quoting State v. Strickland, 229 N.C. 201, 207 , 49 S.E.2d 469, 473 (1948)).

11
State v. McCallgreen
nc · 1975 · cited in 1 North Carolina opinions naming this issue, 1995–1995
2 sentences

1995See also State v. McCall, 286 N.C. 472, 487 , 212 S.E.2d 132, 141 (1975).

1995See also State v. McCall, 286 N.C. 472, 487 , 212 S.E.2d 132, 141 (1975).

11
State v. Reidgreen
nc · 1993 · cited in 1 North Carolina opinions naming this issue, 1995–1995
2 sentences

1995Assuming the argument was a comment on the defendant Nathan Bowie’s failure to testify, the court cured any error by its action in sustaining the objection and giving the curative instruction. *210 In State v. Reid, 334 N.C. 551, 556 , 434 S.E.2d 193, 197 (1993), we said a comment by the prosecutor on a defendant’s failure to testify may be cured by an instruction from the court that the comment was improper followed by an instruction not to consider the failure of the defendant not to offer himself as a witness.

1995Assuming the argument was a comment on the defendant Nathan Bowie’s failure to testify, the court cured any error by its action in sustaining the objection and giving the curative instruction. *210 In State v. Reid, 334 N.C. 551, 556 , 434 S.E.2d 193, 197 (1993), we said a comment by the prosecutor on a defendant’s failure to testify may be cured by an instruction from the court that the comment was improper followed by an instruction not to consider the failure of the defendant not to offer himself as a witness.

11
State v. Woodsgreen
nc · 1982 · cited in 1 North Carolina opinions naming this issue, 1991–1991
2 sentences

1991State v. Small, 328 N.C. 175, 185-86 , 400 S.E.2d 413, 418 (1991); State v. Woods, 307 N.C. 213, 222 , 297 S.E.2d 574, 579 (1982).

1991State v. Small, 328 N.C. 175, 185-86 , 400 S.E.2d 413, 418 (1991); State v. Woods, 307 N.C. 213, 222 , 297 S.E.2d 574, 579 (1982).

11
State v. Smallgreen
nc · 1991 · cited in 1 North Carolina opinions naming this issue, 1991–1991
2 sentences

1991State v. Small, 328 N.C. 175, 185-86 , 400 S.E.2d 413, 418 (1991); State v. Woods, 307 N.C. 213, 222 , 297 S.E.2d 574, 579 (1982).

1991State v. Small, 328 N.C. 175, 185-86 , 400 S.E.2d 413, 418 (1991); State v. Woods, 307 N.C. 213, 222 , 297 S.E.2d 574, 579 (1982).

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
Pierce v. Freeman neutral
scotus · 1995
1 sentence

2005Presuming Corriher's testimony before the jury was improper, "`the court cured any error by its action in sustaining the objection and giving the curative instruction.'" State v. Fletcher, 125 N.C.App. 505, 512 , 481 S.E.2d 418, 423 (1997) (quoting State v. Bowie, 340 N.C. 199, 209 , 456 S.E.2d 771, 776 , cert. denied, 516 U.S. 994 , 116 S.Ct. 529 , 133 L.Ed.2d 435 (1995)).

12005–2005
State v. Fletcher green
ncctapp · 1997
2 sentences

2005Presuming Corriher's testimony before the jury was improper, "`the court cured any error by its action in sustaining the objection and giving the curative instruction.'" State v. Fletcher, 125 N.C.App. 505, 512 , 481 S.E.2d 418, 423 (1997) (quoting State v. Bowie, 340 N.C. 199, 209 , 456 S.E.2d 771, 776 , cert. denied, 516 U.S. 994 , 116 S.Ct. 529 , 133 L.Ed.2d 435 (1995)).

2005Presuming Corriher's testimony before the jury was improper, "`the court cured any error by its action in sustaining the objection and giving the curative instruction.'" State v. Fletcher, 125 N.C.App. 505, 512 , 481 S.E.2d 418, 423 (1997) (quoting State v. Bowie, 340 N.C. 199, 209 , 456 S.E.2d 771, 776 , cert. denied, 516 U.S. 994 , 116 S.Ct. 529 , 133 L.Ed.2d 435 (1995)).

12005–2005
State v. Thomas green
nc · 1999
2 sentences

2005State v. Thomas, 350 N.C. 315 , 344, 514 S.E.2d 486 , 503 (1999).

2005State v. Thomas, 350 N.C. 315 , 344, 514 S.E.2d 486 , 503 (1999).

12005–2005
State v. Smith green
nc · 1981
2 sentences

1992State v. Smith, 301 N.C. 695 , 272 S.E.2d 852 (1981).

1992State v. Smith, 301 N.C. 695 , 272 S.E.2d 852 (1981).

11992–1992

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 15A-2000 (5) 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

IL 15 (1977–2025) TX 10 (1944–2010) NC 8 (1991–2005) OK 8 (1985–2017) GA 5 (2010–2025) OH 4 (2000–2005) AL 4 (1977–1987) NY 4 (1993–2024) CA 2 (1968–2015) IN 2 (1979–1994) AR 2 (1909–2003)

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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