violates rule (North Carolina) · Go Syfert
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violates rule in North Carolina

8 North Carolina opinions name it 2 courts 1972–1994 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 (1)

CaseFollowedCited
United States v. Wadegreen
scotus · 1967 · cited in 1 North Carolina opinions naming this issue, 1979–1979
2 sentences

1979See also U.S. v. Wade, 388 U.S. 218 , 87 S.Ct. 1926 , 18 L.Ed. 2d 1149 (1967).

1979See also U.S. v. Wade, 388 U.S. 218 , 87 S.Ct. 1926 , 18 L.Ed. 2d 1149 (1967).

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 (9)

CaseCitedYears
Caldwell v. Mississippi green
scotus · 1985
2 sentences

1994He says this violates the rule of Caldwell v. Mississippi, 472 U.S. 320 , 86 L.

1994He says this violates the rule of Caldwell v. Mississippi, 472 U.S. 320 , 86 L.

11994–1994
State v. Cofield green
nc · 1987
2 sentences

1991He contends this violates the rule of State v. Cofield, 320 N.C. 297 , 357 S.E.2d 622 (1987), and the Constitution of North Carolina.

1991He contends this violates the rule of State v. Cofield, 320 N.C. 297 , 357 S.E.2d 622 (1987), and the Constitution of North Carolina.

11991–1991
Mullaney v. Wilbur green
scotus · 1975
2 sentences

1987The defendant says this violates the rule of Mullaney v. Wilbur, 421 U.S. 684 , 44 L.Ed. 2d 508 (1975), which he contends holds that this instruction unconstitutionally relieves the State of proving malice, an element of first degree murder, beyond a reasonable doubt.

1987The defendant says this violates the rule of Mullaney v. Wilbur, 421 U.S. 684 , 44 L.Ed. 2d 508 (1975), which he contends holds that this instruction unconstitutionally relieves the State of proving malice, an element of first degree murder, beyond a reasonable doubt.

11987–1987
Smith v. Mitchell green
nc · 1980
2 sentences

1986Smith v. Mitchell, 301 N.C. 58 , 269 S.E. 2d 608 (1980).

1986Smith v. Mitchell, 301 N.C. 58 , 269 S.E. 2d 608 (1980).

11986–1986
Matter of Jacobs green
ncctapp · 1978
2 sentences

1983He says this violates the rule of In re Jacobs, 38 N.C.

1983App. 573 , 248 S.E. 2d 448 (1978).

11983–1983
Stovall v. Denno green
scotus · 1967
2 sentences

1979This violates the principle stated in Stovall v. Denno, supra, that “[t]he practice of showing suspects singly to persons for the purpose of identification, and not as part of a lineup, has been widely condemned.” 388 U.S. at 302 , 87 S.Ct. at 1972 , 18 L.Ed. 2d at 1206 .

1979This violates the principle stated in Stovall v. Denno, supra, that “[t]he practice of showing suspects singly to persons for the purpose of identification, and not as part of a lineup, has been widely condemned.” 388 U.S. at 302 , 87 S.Ct. at 1972 , 18 L.Ed. 2d at 1206 .

11979–1979
State v. Noell green
nc · 1974
1 sentence

1975State v. Monk, supra; State v. Noell, supra. This improper argument was not brought to the attention of the court by timely objection so as to afford the court an opportunity to correct the transgression in the charge.

11975–1975
State v. Crisp green
nc · 1956
2 sentences

1975State *714 v. Crisp, 244 N.C. 407 , 94 S.E. 2d 402 (1956).

1975State *714 v. Crisp, 244 N.C. 407 , 94 S.E. 2d 402 (1956).

11975–1975
State v. McClain green
nc · 1954
2 sentences

1972He cites State *325 v. McClain, 240 N.C. 171 , 81 S.E. 2d 364 , in support of his argument.

1972He cites State *325 v. McClain, 240 N.C. 171 , 81 S.E. 2d 364 , in support of his argument.

11972–1972

Where else courts name it

CA 30 (1930–2025) IL 10 (1953–2025) OH 9 (1990–2016) IN 8 (1933–2020) NC 8 (1972–1994) AL 6 (1932–2014) LA 6 (1995–2019) FL 6 (1991–2019) IA 6 (1973–2017) WA 5 (1909–2023) OK 5 (1938–1976) GA 5 (1978–2026) TX 4 (1991–2024) NY 4 (1952–2009) MI 4 (1971–2021) SC 4 (1996–2007) KY 3 (2004–2015) RI 3 (1966–2007) KS 3 (2000–2000) PA 3 (1921–2025) MO 2 (1991–2018) AK 2 (1977–2003) NV 2 (2011–2021) NE 2 (1985–2019) AR 2 (1979–1982) MD 2 (1946–2008) MS 2 (1982–1992)

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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