Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
8 North Carolina opinions name it 2 courts 1985–2023 3 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. Sallygreen2 sentences2022On the other hand, Francis reiterates the well- established legal principle that, even though a defendant attacked in his own home is “ ‘entitled to stand his ground, to repel force with force, and to increase his force, so as not only to resist, but also to overcome the assault,’ ” such an entitlement “ ‘would not excuse the defendant if he used excessive force in repelling the assault,’ ” Francis, 252 N.C. at 758 (quoting State v. Sally, 233 N.C. 225, 226 (1951) (citations omitted)), a statement that indicates that the proportionality rule inherent in the requirement that the defendant not u 2022On the other hand, Francis reiterates the well- established legal principle that, even though a defendant attacked in his own home is “ ‘entitled to stand his ground, to repel force with force, and to increase his force, so as not only to resist, but also to overcome the assault,’ ” such an entitlement “ ‘would not excuse the defendant if he used excessive force in repelling the assault,’ ” Francis, 252 N.C. at 758 (quoting State v. Sally, 233 N.C. 225, 226 (1951) (citations omitted)), a statement that indicates that the proportionality rule inherent in the requirement that the defendant not u | 2 | 2 |
Rucho v. Common Causegreen1 sentence2023See Rucho, 139 S. Ct. at 2499 . | 1 | 1 |
Solem v. Helmred2 sentences1985In Ysaguire we acknowledged that under the eighth amendment, “a criminal sentence must be proportionate to the crime for which defendant has been convicted.” Id. at 786 , 309 S.E. 2d at 440 (quoting Solem v. Helm, 463 U.S. 277 , —, 103 S.Ct. 3001, 3009 (1983)). 1985In Ysaguire we acknowledged that under the eighth amendment, “a criminal sentence must be proportionate to the crime for which defendant has been convicted.” Id. at 786 , 309 S.E. 2d at 440 (quoting Solem v. Helm, 463 U.S. 277 , —, 103 S.Ct. 3001, 3009 (1983)). | 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 |
|---|---|---|
Graham v. Florida
green
2 sentences2014We return our attention to Graham v. Florida which sets out the second classification of Eighth Amendment proportionality challenges as “implement[ing] the proportionality standard by certain categorical restrictions on the death penalty.” Graham, 560 U.S. at 59 , 176 L. 2014We return our attention to Graham v. Florida which sets out the second classification of Eighth Amendment proportionality challenges as “implement[ing] the proportionality standard by certain categorical restrictions on the death penalty.” Graham, 560 U.S. at 59 , 176 L. | 3 | 2014–2014 |
State v. Francis
green
2 sentences2022On the other hand, Francis reiterates the well- established legal principle that, even though a defendant attacked in his own home is “ ‘entitled to stand his ground, to repel force with force, and to increase his force, so as not only to resist, but also to overcome the assault,’ ” such an entitlement “ ‘would not excuse the defendant if he used excessive force in repelling the assault,’ ” Francis, 252 N.C. at 758 (quoting State v. Sally, 233 N.C. 225, 226 (1951) (citations omitted)), a statement that indicates that the proportionality rule inherent in the requirement that the defendant not u 2022On the other hand, Francis reiterates the well- established legal principle that, even though a defendant attacked in his own home is “ ‘entitled to stand his ground, to repel force with force, and to increase his force, so as not only to resist, but also to overcome the assault,’ ” such an entitlement “ ‘would not excuse the defendant if he used excessive force in repelling the assault,’ ” Francis, 252 N.C. at 758 (quoting State v. Sally, 233 N.C. 225, 226 (1951) (citations omitted)), a statement that indicates that the proportionality rule inherent in the requirement that the defendant not u | 2 | 2022–2022 |
State v. Payne
green
2 sentences1994State v. Payne, 337 N.C. 505, 540 , 448 S.E.2d 93, 114 . 1994State v. Payne, 337 N.C. 505, 540 , 448 S.E.2d 93, 114 . | 1 | 1994–1994 |
State v. Ysaguire
green
2 sentences1985In State v. Ysaguire, 309 N.C. 780 , 309 S.E. 2d 436 (1983), the defendant similarly requested a proportionality analysis of consecutive life sentences. 1985In State v. Ysaguire, 309 N.C. 780 , 309 S.E. 2d 436 (1983), the defendant similarly requested a proportionality analysis of consecutive life sentences. | 1 | 1985–1985 |
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.