right to assign error (North Carolina) · Go Syfert
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right to assign error in North Carolina

8 North Carolina opinions name it 2 courts 1984–2011 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 (3)

CaseFollowedCited
State v. Helmsgreen
ncctapp · 1989 · cited in 4 North Carolina opinions naming this issue, 2007–2011
2 sentences

2011Although defendant did not object at trial to the trial court’s failure to bring the jury back into the courtroom, “[a] lack of objection at trial does not bar a defendant’s right to assign error to a judge’s failure to comply with the mandates of Section 15A-1233(a).” State v. Helms, 93 N.C.

2009The jury sent a note to the trial judge requesting "a transcript of the `portion' of the tape about the pouch [and] dope[.]" The judge sent a written note back to the jury stating, "No transcript of the portion of the tape about the pouch and dope was admitted into evidence; only the video recording of that evidence was admitted." Although defendant did not object, "[a] lack of objection at trial does not bar a defendant's right to assign error to a judge's failure to comply with the mandates of Section 15A-1233(a)." State v. Helms, 93 N.C.

44
State v. Ashegreen
nc · 1985 · cited in 2 North Carolina opinions naming this issue, 1989–2007
2 sentences

2007App. 394, 401 , 378 S.E.2d 237, 241 (1989) (citing State v. Ashe, 314 N.C. 28, 40 , 331 S.E.2d 652, 659 (1985)).

2007App. 394, 401 , 378 S.E.2d 237, 241 (1989) (citing State v. Ashe, 314 N.C. 28, 40 , 331 S.E.2d 652, 659 (1985)).

22
Overman v. Gibson Products Co. of Thomasville, Inc.green
ncctapp · 1976 · cited in 1 North Carolina opinions naming this issue, 1986–1986
1 sentence

1986See Overman v. Gibson Products Co., 30 N.C.

11

Distinguished, questioned or overruled (4)

CaseNegativeCited
Dull v. North Carolinagreen
scotus · 1976 · cited in 1 North Carolina opinions naming this issue, 1984–1984
1 sentence

1984But see State v. Waddell, 289 N.C. 19 , 220 S.E.2d 293 (1975), death sentence vacated, 428 U.S. 904 , 96 S.Ct. 3211 , 49 L.Ed.2d 1210 (1976) (defendant not prejudiced by evidence that defendant had been declared an outlaw where such evidence was initially and repeatedly disclosed by defendant's own counsel); State v. Payne, 280 N.C. 170 , 185 S.E.2d 101 (1971) (an initial statement by defense counsel that he has no objection to the court reporter reading a witness' prior testimony to the jury for purposes of clarification bars the right to assign as error on appeal that the trial court imprope

11
Avery v. North Carolinagreen
scotus · 1976 · cited in 1 North Carolina opinions naming this issue, 1984–1984
2 sentences

1984But see State v. Waddell, 289 N.C. 19 , 220 S.E.2d 293 (1975), death sentence vacated, 428 U.S. 904 , 96 S.Ct. 3211 , 49 L.Ed.2d 1210 (1976) (defendant not prejudiced by evidence that defendant had been declared an outlaw where such evidence was initially and repeatedly disclosed by defendant's own counsel); State v. Payne, 280 N.C. 170 , 185 S.E.2d 101 (1971) (an initial statement by defense counsel that he has no objection to the court reporter reading a witness' prior testimony to the jury for purposes of clarification bars the right to assign as error on appeal that the trial court imprope

1984But see State v. Waddell, 289 N.C. 19 , 220 S.E. 2d 293 (1975), death sentence vacated, 428 U.S. 904 (1976) (defendant not prejudiced by evidence that defendant had been declared an outlaw where such evidence was initially and repeatedly disclosed by defendant’s own counsel); State v. Payne, 280 N.C. 170 , 185 S.E. 2d 101 (1971) (an initial statement by defense counsel that he has no objection to the court reporter reading a witness’ prior testimony to the jury for purposes of clarification bars the right to assign as error on appeal that the trial court improperly allowed the court reporter t

11
Griffin v. North Carolinagreen
scotus · 1976 · cited in 1 North Carolina opinions naming this issue, 1984–1984
1 sentence

1984But see State v. Waddell, 289 N.C. 19 , 220 S.E.2d 293 (1975), death sentence vacated, 428 U.S. 904 , 96 S.Ct. 3211 , 49 L.Ed.2d 1210 (1976) (defendant not prejudiced by evidence that defendant had been declared an outlaw where such evidence was initially and repeatedly disclosed by defendant's own counsel); State v. Payne, 280 N.C. 170 , 185 S.E.2d 101 (1971) (an initial statement by defense counsel that he has no objection to the court reporter reading a witness' prior testimony to the jury for purposes of clarification bars the right to assign as error on appeal that the trial court imprope

11
State v. Waddellgreen
nc · 1975 · cited in 1 North Carolina opinions naming this issue, 1984–1984
2 sentences

1984But see State v. Waddell, 289 N.C. 19 , 220 S.E.2d 293 (1975), death sentence vacated, 428 U.S. 904 , 96 S.Ct. 3211 , 49 L.Ed.2d 1210 (1976) (defendant not prejudiced by evidence that defendant had been declared an outlaw where such evidence was initially and repeatedly disclosed by defendant's own counsel); State v. Payne, 280 N.C. 170 , 185 S.E.2d 101 (1971) (an initial statement by defense counsel that he has no objection to the court reporter reading a witness' prior testimony to the jury for purposes of clarification bars the right to assign as error on appeal that the trial court imprope

1984But see State v. Waddell, 289 N.C. 19 , 220 S.E.2d 293 (1975), death sentence vacated, 428 U.S. 904 , 96 S.Ct. 3211 , 49 L.Ed.2d 1210 (1976) (defendant not prejudiced by evidence that defendant had been declared an outlaw where such evidence was initially and repeatedly disclosed by defendant's own counsel); State v. Payne, 280 N.C. 170 , 185 S.E.2d 101 (1971) (an initial statement by defense counsel that he has no objection to the court reporter reading a witness' prior testimony to the jury for purposes of clarification bars the right to assign as error on appeal that the trial court imprope

11

Also cited on this issue (4)

CaseCitedYears
Hanna v. Brady green
ncctapp · 1985
2 sentences

2004"Rule 10(b)(2) of our Rules of Appellate Procedure requires counsel to lodge an objection to jury instructions before the jury retires, or otherwise waive the right to assign error thereto on appeal." Hanna v. Brady, 73 N.C.App. 521, 528 , 327 S.E.2d 22, 26 , disc. review denied, 313 N.C. 600 , 332 S.E.2d 179 (1985).

2004"Rule 10(b)(2) of our Rules of Appellate Procedure requires counsel to lodge an objection to jury instructions before the jury retires, or otherwise waive the right to assign error thereto on appeal." Hanna v. Brady, 73 N.C.App. 521, 528 , 327 S.E.2d 22, 26 , disc. review denied, 313 N.C. 600 , 332 S.E.2d 179 (1985).

12004–2004
Harbach v. Lain green
nc · 1985
2 sentences

2004"Rule 10(b)(2) of our Rules of Appellate Procedure requires counsel to lodge an objection to jury instructions before the jury retires, or otherwise waive the right to assign error thereto on appeal." Hanna v. Brady, 73 N.C.App. 521, 528 , 327 S.E.2d 22, 26 , disc. review denied, 313 N.C. 600 , 332 S.E.2d 179 (1985).

2004App. 521, 528 , 327 S.E.2d 22, 26 , disc. review denied, 313 N.C. 600 , 332 S.E.2d 179 (1985).

12004–2004
Hanna v. Brady green
nc · 1985
2 sentences

2004"Rule 10(b)(2) of our Rules of Appellate Procedure requires counsel to lodge an objection to jury instructions before the jury retires, or otherwise waive the right to assign error thereto on appeal." Hanna v. Brady, 73 N.C.App. 521, 528 , 327 S.E.2d 22, 26 , disc. review denied, 313 N.C. 600 , 332 S.E.2d 179 (1985).

2004App. 521, 528 , 327 S.E.2d 22, 26 , disc. review denied, 313 N.C. 600 , 332 S.E.2d 179 (1985).

12004–2004
State v. Payne green
nc · 1971
2 sentences

1984But see State v. Waddell, 289 N.C. 19 , 220 S.E.2d 293 (1975), death sentence vacated, 428 U.S. 904 , 96 S.Ct. 3211 , 49 L.Ed.2d 1210 (1976) (defendant not prejudiced by evidence that defendant had been declared an outlaw where such evidence was initially and repeatedly disclosed by defendant's own counsel); State v. Payne, 280 N.C. 170 , 185 S.E.2d 101 (1971) (an initial statement by defense counsel that he has no objection to the court reporter reading a witness' prior testimony to the jury for purposes of clarification bars the right to assign as error on appeal that the trial court imprope

1984But see State v. Waddell, 289 N.C. 19 , 220 S.E.2d 293 (1975), death sentence vacated, 428 U.S. 904 , 96 S.Ct. 3211 , 49 L.Ed.2d 1210 (1976) (defendant not prejudiced by evidence that defendant had been declared an outlaw where such evidence was initially and repeatedly disclosed by defendant's own counsel); State v. Payne, 280 N.C. 170 , 185 S.E.2d 101 (1971) (an initial statement by defense counsel that he has no objection to the court reporter reading a witness' prior testimony to the jury for purposes of clarification bars the right to assign as error on appeal that the trial court imprope

11984–1984

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 15A-1233 (5)

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 19 (1892–1993) OH 18 (1980–2026) IA 9 (2007–2026) NC 8 (1984–2011) CA 4 (1896–2015) VA 4 (1957–2000) WA 3 (1909–2016) NY 2 (1944–1998) NV 2 (1994–1998) NE 2 (1957–1957) PA 2 (1907–1953) CO 2 (1912–1912) ID 2 (1971–1986) AZ 2 (1966–1982) WV 2 (1949–2006) MS 2 (1984–1984)

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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