8 North Carolina opinions name it 2 courts 1983–2024 1 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.
| Case | Followed | Cited |
|---|---|---|
State v. Harrisgreen2 sentences2024The trial court made findings regarding the possibility of Walker misidentifying Defendant as the perpetrator, referring to the Harris factors, 308 N.C. at 164 , 301 S.E.2d at 95 : [T]he Court has to look at five factors to the extent that you’re talking about likelihood of misidentification and view of the totality of the circumstances. 2024The trial court made findings regarding the possibility of Walker misidentifying Defendant as the perpetrator, referring to the Harris factors, 308 N.C. at 164 , 301 S.E.2d at 95 : [T]he Court has to look at five factors to the extent that you’re talking about likelihood of misidentification and view of the totality of the circumstances. | 1 | 3 |
State v. Rawlsgreen2 sentences2018See Rawls , 207 N.C. 2018See Rawls , 207 N.C. | 1 | 1 |
State v. . Perrygreen2 sentences1983See State v. Perry, 209 N.C. 604 , 184 S.E. 545 ; State v. Newsome, 195 N.C. 552 , 143 S.E. 187 (1928); State v. Spivey, 151 N.C. 676 , 65 S.E. 995 (1909). 1983See State v. Perry, 209 N.C. 604 , 184 S.E. 545 ; State v. Newsome, 195 N.C. 552 , 143 S.E. 187 (1928); State v. Spivey, 151 N.C. 676 , 65 S.E. 995 (1909). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in North Carolina. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Hopper v. Evans
green
2 sentences1991The Strickland Court noted the possible constitutional implications of the Harris rule, as set forward by the United States Supreme Court in Hopper v. Evans, 456 U.S. 605 , 102 S.Ct. 2049 , 72 L.Ed.2d 367 (1982). 1991The Strickland Court noted the possible constitutional implications of the Harris rule, as set forward by the United States Supreme Court in Hopper v. Evans, 456 U.S. 605 , 102 S.Ct. 2049 , 72 L.Ed.2d 367 (1982). | 2 | 1983–1991 |
State v. Strickland
green
2 sentences1983The Harris rule, which was in effect when defendant was tried, was overruled by this Court in State v. Strickland, 307 N.C. 274 , 298 S.E.2d 645 (1983). 1983The Harris rule, which was in effect when defendant was tried, was overruled by this Court in State v. Strickland, 307 N.C. 274 , 298 S.E.2d 645 (1983). | 2 | 1983–1983 |
State v. Keller
green
2 sentences1983As Justice Huskins admonished in his dissent in State v. Poole, 298 N.C. at 259-60 , 258 S.E.2d at 343 , the Harris rule and its subsequent affirmation in State v. Keller, 297 N.C. 674 , 256 S.E.2d 710 , perpetuate[d] an unnecessary refinement in the law. 1983As Justice Huskins admonished in his dissent in State v. Poole, 298 N.C. at 259-60 , 258 S.E.2d at 343 , the Harris rule and its subsequent affirmation in State v. Keller, 297 N.C. 674 , 256 S.E.2d 710 , perpetuate[d] an unnecessary refinement in the law. | 1 | 1983–1983 |
Roberts v. Louisiana
green
2 sentences1983In Hopper the United States Supreme Court was concerned that in a capital case, in which the defendant's own evidence affirmatively proved the requisite mental state, the inclusion of instructions to the jury on lesser included offenses "invited the jurors to disregard their oaths and convict a defendant of a lesser offense when the evidence warranted a conviction of first-degree murder, inevitably leading to arbitrary results." ___ at ___, 102 S.Ct. at 2053 , 72 L.Ed.2d at 373 (citing Roberts v. Louisiana, 428 U.S. 325 , 96 S.Ct. 3001 , 49 L.Ed.2d 974 (1976)). 1983In Hopper the United States Supreme Court was concerned that in a capital case, in which the defendant's own evidence affirmatively proved the requisite mental state, the inclusion of instructions to the jury on lesser included offenses "invited the jurors to disregard their oaths and convict a defendant of a lesser offense when the evidence warranted a conviction of first-degree murder, inevitably leading to arbitrary results." ___ at ___, 102 S.Ct. at 2053 , 72 L.Ed.2d at 373 (citing Roberts v. Louisiana, 428 U.S. 325 , 96 S.Ct. 3001 , 49 L.Ed.2d 974 (1976)). | 1 | 1983–1983 |
State v. . Spivey
green
2 sentences1983See State v. Perry, 209 N.C. 604 , 184 S.E. 545 ; State v. Newsome, 195 N.C. 552 , 143 S.E. 187 (1928); State v. Spivey, 151 N.C. 676 , 65 S.E. 995 (1909). 1983See State v. Perry, 209 N.C. 604 , 184 S.E. 545 ; State v. Newsome, 195 N.C. 552 , 143 S.E. 187 (1928); State v. Spivey, 151 N.C. 676 , 65 S.E. 995 (1909). | 1 | 1983–1983 |
State v. Roseman
green
2 sentences1983We specifically responded to this argument: "[t]his Court has not applied this rationale in cases involving crimes *667 other than first degree murder which have as an essential element a specific criminal intent on the part of the defendant." State v. Keller, 297 N.C. at 678 , 256 S.E.2d at 713 (citing State v. Allen, 297 N.C. 429 , 255 S.E.2d 362 (1979)in burglary prosecution, no error in refusing to submit nonfelonious breaking and entering where State's evidence tends to establish that defendant intended to rape occupant, defendant's defense is alibi and mistaken identity, and there is no 1983We specifically responded to this argument: "[t]his Court has not applied this rationale in cases involving crimes *667 other than first degree murder which have as an essential element a specific criminal intent on the part of the defendant." State v. Keller, 297 N.C. at 678 , 256 S.E.2d at 713 (citing State v. Allen, 297 N.C. 429 , 255 S.E.2d 362 (1979)in burglary prosecution, no error in refusing to submit nonfelonious breaking and entering where State's evidence tends to establish that defendant intended to rape occupant, defendant's defense is alibi and mistaken identity, and there is no | 1 | 1983–1983 |
State v. . Newsome
green
2 sentences1983See State v. Perry, 209 N.C. 604 , 184 S.E. 545 ; State v. Newsome, 195 N.C. 552 , 143 S.E. 187 (1928); State v. Spivey, 151 N.C. 676 , 65 S.E. 995 (1909). 1983See State v. Perry, 209 N.C. 604 , 184 S.E. 545 ; State v. Newsome, 195 N.C. 552 , 143 S.E. 187 (1928); State v. Spivey, 151 N.C. 676 , 65 S.E. 995 (1909). | 1 | 1983–1983 |
State v. Poole
green
2 sentences1983As Justice Huskins admonished in his dissent in State v. Poole, 298 N.C. at 259-60 , 258 S.E.2d at 343 , the Harris rule and its subsequent affirmation in State v. Keller, 297 N.C. 674 , 256 S.E.2d 710 , perpetuate[d] an unnecessary refinement in the law. 1983As Justice Huskins admonished in his dissent in State v. Poole, 298 N.C. at 259-60 , 258 S.E.2d at 343 , the Harris rule and its subsequent affirmation in State v. Keller, 297 N.C. 674 , 256 S.E.2d 710 , perpetuate[d] an unnecessary refinement in the law. | 1 | 1983–1983 |
State v. Allen
green
2 sentences1983We specifically responded to this argument: "[t]his Court has not applied this rationale in cases involving crimes *667 other than first degree murder which have as an essential element a specific criminal intent on the part of the defendant." State v. Keller, 297 N.C. at 678 , 256 S.E.2d at 713 (citing State v. Allen, 297 N.C. 429 , 255 S.E.2d 362 (1979)in burglary prosecution, no error in refusing to submit nonfelonious breaking and entering where State's evidence tends to establish that defendant intended to rape occupant, defendant's defense is alibi and mistaken identity, and there is no 1983We specifically responded to this argument: "[t]his Court has not applied this rationale in cases involving crimes *667 other than first degree murder which have as an essential element a specific criminal intent on the part of the defendant." State v. Keller, 297 N.C. at 678 , 256 S.E.2d at 713 (citing State v. Allen, 297 N.C. 429 , 255 S.E.2d 362 (1979)in burglary prosecution, no error in refusing to submit nonfelonious breaking and entering where State's evidence tends to establish that defendant intended to rape occupant, defendant's defense is alibi and mistaken identity, and there is no | 1 | 1983–1983 |
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.
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.