existence of the aggravating factors (North Carolina) · Go Syfert
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existence of the aggravating factors in North Carolina

9 North Carolina opinions name it 2 courts 1985–2021 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 (3)

CaseFollowedCited
State v. Ricogreen
ncctapp · 2012 · cited in 2 North Carolina opinions naming this issue, 2021–2021
2 sentences

2021See State v. Rico, 218 N.C. App. 109, 122 , 720 S.E.2d 801, 809 (Steelman, J., dissenting), rev’d per curiam for reasons stated in dissent, 366 N.C. 327 , 734 S.E.2d 571 (2012). ¶ 18 In Rico, the defendant was charged with first-degree murder.

2021See State v. Rico, 218 N.C. App. 109, 122 , 720 S.E.2d 801, 809 (Steelman, J., dissenting), rev’d per curiam for reasons stated in dissent, 366 N.C. 327 , 734 S.E.2d 571 (2012). ¶ 18 In Rico, the defendant was charged with first-degree murder.

22
State v. Ricogreen
nc · 2012 · cited in 2 North Carolina opinions naming this issue, 2021–2021
2 sentences

2021See State v. Rico, 218 N.C. App. 109, 122 , 720 S.E.2d 801, 809 (Steelman, J., dissenting), rev’d per curiam for reasons stated in dissent, 366 N.C. 327 , 734 S.E.2d 571 (2012). ¶ 18 In Rico, the defendant was charged with first-degree murder.

2021See State v. Rico, 218 N.C. App. 109, 122 , 720 S.E.2d 801, 809 (Steelman, J., dissenting), rev’d per curiam for reasons stated in dissent, 366 N.C. 327 , 734 S.E.2d 571 (2012). ¶ 18 In Rico, the defendant was charged with first-degree murder.

22
State v. Hughesred
wash · 2005 · cited in 1 North Carolina opinions naming this issue, 2005–2005
2 sentences

2005However, “[b]ecause ‘speculation] on what juries would have done if they had been asked to find different facts’ is impermissible,” the Court concluded in Allen that “ ‘[h] armless error analysis cannot be conducted on Blakely Sixth Amendment violations.’ ” 359 N.C. at 448 , 615 S.E.2d at 271 -72 (quoting State v. Hughes, 154 Wash. 2d 118, 148 , 110 P.3d 192, 208 (2005)).

2005However, “[b]ecause ‘speculation] on what juries would have done if they had been asked to find different facts’ is impermissible,” the Court concluded in Allen that “ ‘[h] armless error analysis cannot be conducted on Blakely Sixth Amendment violations.’ ” 359 N.C. at 448 , 615 S.E.2d at 271 -72 (quoting State v. Hughes, 154 Wash. 2d 118, 148 , 110 P.3d 192, 208 (2005)).

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 (6)

CaseCitedYears
State v. Barrow green
ncctapp · 2011
2 sentences

2020While the trial court’s instruction was in error, Defendant must demonstrate “a reasonable possibility that had the instruction been given, the jury would have failed to find the existence of the aggravating factors.” Id. at 446 , 718 S.E.2d at 679 .

2020While the trial court’s instruction was in error, Defendant must demonstrate “a reasonable possibility that had the instruction been given, the jury would have failed to find the existence of the aggravating factors.” Id. at 446 , 718 S.E.2d at 679 .

32017–2020
State v. Barrow neutral
nc · 2012
1 sentence

2017App. 436 , 446, 718 S.E.2d 673 , 679 (2011) (citations and quotation marks omitted), aff'd , 366 N.C. 141 , 72 S.E.2d 546 (2012).

12017–2017
Blakely v. Washington green
scotus · 2004
2 sentences

2006Accordingly, defendant’s sentence violates Blakely v. Washington, 542 U.S. 296 , 159 L.

2006Accordingly, defendant’s sentence violates Blakely v. Washington, 542 U.S. 296 , 159 L.

12006–2006
State v. Allen green
nc · 2005
2 sentences

2005However, “[b]ecause ‘speculation] on what juries would have done if they had been asked to find different facts’ is impermissible,” the Court concluded in Allen that “ ‘[h] armless error analysis cannot be conducted on Blakely Sixth Amendment violations.’ ” 359 N.C. at 448 , 615 S.E.2d at 271 -72 (quoting State v. Hughes, 154 Wash. 2d 118, 148 , 110 P.3d 192, 208 (2005)).

2005However, “[b]ecause ‘speculation] on what juries would have done if they had been asked to find different facts’ is impermissible,” the Court concluded in Allen that “ ‘[h] armless error analysis cannot be conducted on Blakely Sixth Amendment violations.’ ” 359 N.C. at 448 , 615 S.E.2d at 271 -72 (quoting State v. Hughes, 154 Wash. 2d 118, 148 , 110 P.3d 192, 208 (2005)).

12005–2005
Brady v. United States green
scotus · 1970
2 sentences

2005Defendant’s stipulation to the aggravating factor that he was on pretrial release at the time the offense was committed was not a “knowing [and] intelligent act[] done with sufficient awareness of the relevant circumstances and likely consequences.” Brady, 397 U.S. at 748 , 25 L.

2005Defendant’s stipulation to the aggravating factor that he was on pretrial release at the time the offense was committed was not a “knowing [and] intelligent act[] done with sufficient awareness of the relevant circumstances and likely consequences.” Brady, 397 U.S. at 748 , 25 L.

12005–2005
State v. Benbow green
nc · 1983
2 sentences

1985This contention overlooks our statement in State v. Benbow, 309 N.C. 538 , 308 S.E. 2d 647 (1983), in which we said that for purposes of sentencing, reliance on evidence from the trials of others connected with the same offense is improper absent a stipulation.

1985This contention overlooks our statement in State v. Benbow, 309 N.C. 538 , 308 S.E. 2d 647 (1983), in which we said that for purposes of sentencing, reliance on evidence from the trials of others connected with the same offense is improper absent a stipulation.

11985–1985

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 15A-1340.16 (6) NC § N.C. Gen. Stat. § 15A-1443 (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

KS 14 (2014–2022) FL 10 (2017–2026) NC 9 (1985–2021) NY 4 (2017–2019) IL 3 (1983–2006) TN 2 (2012–2012)

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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