necessary standard (North Carolina) · Go Syfert
← North Carolina issues

necessary standard in North Carolina

60 North Carolina opinions name it 2 courts 1884–2026 9 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 (23)

CaseFollowedCited
State v. Stylesgreen
nc · 2008 · cited in 27 North Carolina opinions naming this issue, 2008–2026
2 sentences

2026“Reasonable suspicion is the necessary standard for traffic stops, regardless of whether the traffic violation was readily observed or merely suspected.” Id. at 415 (cleaned up).

2023“A traffic stop is a seizure even though the purpose of the stop is limited and the resulting detention quite brief.” State v. Barnard, 362 N.C. 244, 246 , 658 S.E.2d 643, 645 (2008). “[R]easonable suspicion is the necessary standard for traffic stops.” State v. Styles, 362 N.C. 412, 415 , 665 S.E.2d 438, 440 (2008).

2127
State v. Watkinsgreen
nc · 1994 · cited in 7 North Carolina opinions naming this issue, 2009–2021
2 sentences

2021The necessary standard for stops based on traffic violations is “based on specific and articulable facts, as well as the rational inferences from those facts, as viewed through the eyes of a reasonable, cautious officer, guided by his experience and training.” State v. Watkins, 337 N.C. 437, 441 , 446 S.E.2d 67, 70 (1994) (citing Terry v. Ohio, 392 U.S. 1, 21-22 , 20 L.

2021The necessary standard for stops based on traffic violations is “based on specific and articulable facts, as well as the rational inferences from those facts, as viewed through the eyes of a reasonable, cautious officer, guided by his experience and training.” State v. Watkins, 337 N.C. 437, 441 , 446 S.E.2d 67, 70 (1994) (citing Terry v. Ohio, 392 U.S. 1, 21-22 , 20 L.

77
Terry v. Ohiogreen
scotus · 1968 · cited in 6 North Carolina opinions naming this issue, 2009–2021
2 sentences

2021The necessary standard for stops based on traffic violations is “based on specific and articulable facts, as well as the rational inferences from those facts, as viewed through the eyes of a reasonable, cautious officer, guided by his experience and training.” State v. Watkins, 337 N.C. 437, 441 , 446 S.E.2d 67, 70 (1994) (citing Terry v. Ohio, 392 U.S. 1, 21-22 , 20 L.

2021The necessary standard for stops based on traffic violations is “based on specific and articulable facts, as well as the rational inferences from those facts, as viewed through the eyes of a reasonable, cautious officer, guided by his experience and training.” State v. Watkins, 337 N.C. 437, 441 , 446 S.E.2d 67, 70 (1994) (citing Terry v. Ohio, 392 U.S. 1, 21-22 , 20 L.

46
State v. Mareadygreen
nc · 2008 · cited in 2 North Carolina opinions naming this issue, 2010–2011
2 sentences

2011In its order, the trial court concluded: "That there was insufficient evidence for *264 probable cause to stop and arrest [Defendant]." "This Court has recently confirmed that `reasonable suspicion is the necessary standard for traffic stops.'" State v. Maready, 362 N.C. 614, 618 , 669 S.E.2d 564, 567 (2008) (citation omitted).

2011In its order, the trial court concluded: "That there was insufficient evidence for *264 probable cause to stop and arrest [Defendant]." "This Court has recently confirmed that `reasonable suspicion is the necessary standard for traffic stops.'" State v. Maready, 362 N.C. 614, 618 , 669 S.E.2d 564, 567 (2008) (citation omitted).

22
State v. Barnardgreen
nc · 2008 · cited in 4 North Carolina opinions naming this issue, 2018–2023
2 sentences

2023“A traffic stop is a seizure even though the purpose of the stop is limited and the resulting detention quite brief.” State v. Barnard, 362 N.C. 244, 246 , 658 S.E.2d 643, 645 (2008). “[R]easonable suspicion is the necessary standard for traffic stops.” State v. Styles, 362 N.C. 412, 415 , 665 S.E.2d 438, 440 (2008).

2023“A traffic stop is a seizure even though the purpose of the stop is limited and the resulting detention quite brief.” State v. Barnard, 362 N.C. 244, 246 , 658 S.E.2d 643, 645 (2008). “[R]easonable suspicion is the necessary standard for traffic stops.” State v. Styles, 362 N.C. 412, 415 , 665 S.E.2d 438, 440 (2008).

14
State v. Bullockgreen
nc · 2017 · cited in 3 North Carolina opinions naming this issue, 2018–2023
2 sentences

2018A traffic stop is constitutional if the officer has a "reasonable, articulable suspicion that criminal activity is afoot." Id. at 246, 658 S.E.2d at 645 (quoting Illinois v. Wardlow , 528 U.S. 119 , 123, 120 S.Ct. 673 , 675, 145 L.Ed.2d 570 , 576 (2000) ). "[R]easonable suspicion is the necessary standard for traffic stops, regardless of whether the traffic violation was readily observed or merely suspected." State v. Bullock , 370 N.C. 256 , 261, 805 S.E.2d 671 , 676 (2017) (citation and quotation marks omitted).

2018A traffic stop is constitutional if the officer has a "reasonable, articulable suspicion that criminal activity is afoot." Id. at 246, 658 S.E.2d at 645 (quoting Illinois v. Wardlow , 528 U.S. 119 , 123, 120 S.Ct. 673 , 675, 145 L.Ed.2d 570 , 576 (2000) ). "[R]easonable suspicion is the necessary standard for traffic stops, regardless of whether the traffic violation was readily observed or merely suspected." State v. Bullock , 370 N.C. 256 , 261, 805 S.E.2d 671 , 676 (2017) (citation and quotation marks omitted).

13
State v. Fieldsgreen
ncctapp · 2009 · cited in 2 North Carolina opinions naming this issue, 2011–2018
2 sentences

2018"If [an] investigatory seizure is invalid [due to a lack of reasonable suspicion], evidence resulting from the warrantless stop is inadmissible under the exclusionary rule in both our federal and state constitutions." State v. Fields , 195 N.C.

2011In State v. Fields , we held that there was no reasonable, articulable suspicion to stop a vehicle where defendant was stopped at 4:00 p.m. after an officer observed him weaving in his lane. 195 N.C.App. 740, 746 , 673 S.E.2d 765, 768 (2009).

12
State v. Bishopgreen
nc · 1996 · cited in 1 North Carolina opinions naming this issue, 2024–2024
1 sentence

2024The answer to this question is “yes,” and the trial court’s failure to give a peremptory 14 I do not read our caselaw to state as a per se rule that experts retained for trial or sentencing can never be “manifestly credible.” Cf. State v. Bishop, 343 N.C. 518, 557 (1996).

11
State v. Williamsgreen
nc · 2012 · cited in 1 North Carolina opinions naming this issue, 2023–2023
1 sentence

2023SCOTT Opinion of the Court N.C. 110, 117, 726 S.E.2d 161, 167 (2012)).

11
Brown v. Texasgreen
scotus · 1979 · cited in 1 North Carolina opinions naming this issue, 2015–2015
2 sentences

2015Therefore, the investigatory stop of an automobile “must be justified by ‘a reasonable suspicion, based on objective facts, that the individual is involved in criminal activity.’” State v. Watkins, 337 N.C. 437, 441 , 446 S.E.2d 67, 70 (1994) (quoting Brown v. Texas, 443 U.S. 47, 51 , 61 L.Ed.2d 357, 362 (1979)).

2015Therefore, the investigatory stop of an automobile “must be justified by ‘a reasonable suspicion, based on objective facts, that the individual is involved in criminal activity.’” State v. Watkins, 337 N.C. 437, 441 , 446 S.E.2d 67, 70 (1994) (quoting Brown v. Texas, 443 U.S. 47, 51 , 61 L.Ed.2d 357, 362 (1979)).

11
Whren v. United Statesgreen
scotus · 1996 · cited in 1 North Carolina opinions naming this issue, 2011–2011
2 sentences

2011See Delaware v. Prouse, 440 U.S. 648, 653 , 99 S.Ct. 1391, 1395-96 , 59 L.Ed.2d 660, 667 (1979); Whren v. United States, 517 U.S. 806, 809 , 116 S.Ct. 1769, 1772 , 135 L.Ed.2d 89, 95 (1996). "[R]easonable suspicion is the necessary standard for traffic stops[.]" State v. Styles, 362 N.C. 412, 415 , 665 S.E.2d 438, 440 (2008).

2011See Delaware v. Prouse, 440 U.S. 648, 653 , 99 S.Ct. 1391, 1395-96 , 59 L.Ed.2d 660, 667 (1979); Whren v. United States, 517 U.S. 806, 809 , 116 S.Ct. 1769, 1772 , 135 L.Ed.2d 89, 95 (1996). "[R]easonable suspicion is the necessary standard for traffic stops[.]" State v. Styles, 362 N.C. 412, 415 , 665 S.E.2d 438, 440 (2008).

11
Delaware v. Prousegreen
scotus · 1979 · cited in 1 North Carolina opinions naming this issue, 2011–2011
2 sentences

2011See Delaware v. Prouse, 440 U.S. 648, 653 , 99 S.Ct. 1391, 1395-96 , 59 L.Ed.2d 660, 667 (1979); Whren v. United States, 517 U.S. 806, 809 , 116 S.Ct. 1769, 1772 , 135 L.Ed.2d 89, 95 (1996). "[R]easonable suspicion is the necessary standard for traffic stops[.]" State v. Styles, 362 N.C. 412, 415 , 665 S.E.2d 438, 440 (2008).

2011See Delaware v. Prouse, 440 U.S. 648, 653 , 99 S.Ct. 1391, 1395-96 , 59 L.Ed.2d 660, 667 (1979); Whren v. United States, 517 U.S. 806, 809 , 116 S.Ct. 1769, 1772 , 135 L.Ed.2d 89, 95 (1996). "[R]easonable suspicion is the necessary standard for traffic stops[.]" State v. Styles, 362 N.C. 412, 415 , 665 S.E.2d 438, 440 (2008).

11
State v. Kincaidgreen
ncctapp · 2001 · cited in 1 North Carolina opinions naming this issue, 2010–2010
1 sentence

2010App. 94, 97 , 555 S.E.2d 294, 297 (2001). “[Reasonable suspicion is the necessary standard for traffic stops[.]” State v. Styles, 362 N.C. 412, 415 , 665 S.E.2d 438, 440 (2008).

11
United States v. Cortezgreen
scotus · 1981 · cited in 1 North Carolina opinions naming this issue, 2009–2009
2 sentences

2009"A court must consider `the totality of the circumstances—the whole picture' in determining whether a reasonable suspicion to make an investigatory stop exists." State v. Watkins, 337 N.C. 437, 441 , 446 S.E.2d 67, 70 (1994) (quoting United States v. Cortez, 449 U.S. 411, 417 , 66 L.

2009"A court must consider `the totality of the circumstances—the whole picture' in determining whether a reasonable suspicion to make an investigatory stop exists." State v. Watkins, 337 N.C. 437, 441 , 446 S.E.2d 67, 70 (1994) (quoting United States v. Cortez, 449 U.S. 411, 417 , 66 L.

11
United States v. Chanthasouxatgreen
ca11 · 2003 · cited in 1 North Carolina opinions naming this issue, 2008–2008
11
United States v. Ozbirngreen
ca10 · 1999 · cited in 1 North Carolina opinions naming this issue, 2008–2008
11
United States v. Ramstadgreen
ca10 · 2002 · cited in 1 North Carolina opinions naming this issue, 2008–2008
11
United States of America,plaintiff-Appellee v. Armando Lopez-Sotogreen
ca9 · 2000 · cited in 1 North Carolina opinions naming this issue, 2008–2008
11
United States of America v. Curtis Dennis Callarmangreen
ca10 · 2001 · cited in 1 North Carolina opinions naming this issue, 2008–2008
11
Holeman v. City of New Londongreen
ca2 · 2005 · cited in 1 North Carolina opinions naming this issue, 2008–2008
11
United States v. Mark Lamond Willisgreen
ca9 · 2005 · cited in 1 North Carolina opinions naming this issue, 2008–2008
2 sentences

2008In accord with every federal circuit to consider this issue, we hold that reasonable suspicion is the necessary standard for traffic stops, regardless of whether the traffic violation was readily observed or merely suspected. 1 See id. at 396-97 (determining that reasonable suspicion is the appropriate standard for a traffic stop based on a readily observed traffic violation); Willis, 431 F.3d at 714-15 (applying reasonable suspicion standard to a traffic stop based on readily observed traffic violations); Holeman v. City of New London, 425 F.3d 184, 189 (2d Cir. 2005) (determining that either

2008In accord with every federal circuit to consider this issue, we hold that reasonable suspicion is the necessary standard for traffic stops, regardless of whether the traffic violation was readily observed or merely suspected. [1] See id. at 396-97 (determining that reasonable suspicion is the appropriate standard for a traffic stop based on a readily observed traffic violation); Willis, 431 F.3d at 714-15 (applying reasonable suspicion standard to a traffic stop based on readily observed traffic violations); Holeman v. City of New London, 425 F.3d 184, 189 (2d Cir.2005) (determining that eithe

11
Davis v. Sanford Construction Companygreen
nc · 1957 · cited in 1 North Carolina opinions naming this issue, 1983–1983
11
Joyner v. Garrettgreen
nc · 1971 · cited in 1 North Carolina opinions naming this issue, 1980–1980
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 (31)

CaseCitedYears
State v. . Johnson neutral
nc · 1876
2 sentences

1938Each right is recognized in the decisions of this Court. (a) In S. v. Johnson , 75 N.C. 174 , Bynum, J. , said: "The proposition is true that the wife has the right to fight in the necessary defense of the husband, the child in defense of his parent, the servant in defense of the master, and reciprocally; but the act of the assistant must have the same construction in such cases as the act of the assisted party *Page 282 should have had if it had been done by himself, for they are in a mutual relation one to another." S. v. Brittain , 89 N.C. 482 , at p. 504; S. v. Bullock , 91 N.C. 614 ; S. v

1938Each right is recognized in the decisions of this Court. (a) In S. v. Johnson, 75 N. C., 174 , Bynum, J., said: “The proposition is true that the wife has the right to fight in the necessary defense of the husband, the child in defense of his parent, the servant in defense of the master, and reciprocally; but the act of the assistant must have the same construction in such eases as the act of the assisted party should have bad if it bad been done by himself, for they are in a mutual relation one to another.” S. v. Brittain, 89 N. C., 482 , at p. 504; S. v. Bullock, 91 N. C., 614 ; S. v. Greer,

51884–1938
State v. Otto green
nc · 2012
2 sentences

2018Therefore, reasonable suspicion is the necessary standard for traffic stops." State v. Otto , 366 N.C. 134 , 137, 726 S.E.2d 824 , 827 (2012) (citation and quotation marks omitted).

2018Therefore, reasonable suspicion is the necessary standard for traffic stops." State v. Otto , 366 N.C. 134 , 137, 726 S.E.2d 824 , 827 (2012) (citation and quotation marks omitted).

32013–2018
Illinois v. Wardlow green
scotus · 2000
2 sentences

2018A traffic stop is constitutional if the officer has a "reasonable, articulable suspicion that criminal activity is afoot." Id. at 246, 658 S.E.2d at 645 (quoting Illinois v. Wardlow , 528 U.S. 119 , 123, 120 S.Ct. 673 , 675, 145 L.Ed.2d 570 , 576 (2000) ). "[R]easonable suspicion is the necessary standard for traffic stops, regardless of whether the traffic violation was readily observed or merely suspected." State v. Bullock , 370 N.C. 256 , 261, 805 S.E.2d 671 , 676 (2017) (citation and quotation marks omitted).

2018A traffic stop is constitutional if the officer has a "reasonable, articulable suspicion that criminal activity is afoot." Id. at 246, 658 S.E.2d at 645 (quoting Illinois v. Wardlow , 528 U.S. 119 , 123, 120 S.Ct. 673 , 675, 145 L.Ed.2d 570 , 576 (2000) ). "[R]easonable suspicion is the necessary standard for traffic stops, regardless of whether the traffic violation was readily observed or merely suspected." State v. Bullock , 370 N.C. 256 , 261, 805 S.E.2d 671 , 676 (2017) (citation and quotation marks omitted).

22018–2018
Roberson v. . Stokes green
nc · 1921
2 sentences

1938Each right is recognized in the decisions of this Court. (a) In S. v. Johnson, 75 N. C., 174 , Bynum, J., said: “The proposition is true that the wife has the right to fight in the necessary defense of the husband, the child in defense of his parent, the servant in defense of the master, and reciprocally; but the act of the assistant must have the same construction in such eases as the act of the assisted party should have bad if it bad been done by himself, for they are in a mutual relation one to another.” S. v. Brittain, 89 N. C., 482 , at p. 504; S. v. Bullock, 91 N. C., 614 ; S. v. Greer,

1938Each right is recognized in the decisions of this Court. (a) In S. v. Johnson, 75 N. C., 174 , Bynum, J., said: “The proposition is true that the wife has the right to fight in the necessary defense of the husband, the child in defense of his parent, the servant in defense of the master, and reciprocally; but the act of the assistant must have the same construction in such eases as the act of the assisted party should have bad if it bad been done by himself, for they are in a mutual relation one to another.” S. v. Brittain, 89 N. C., 482 , at p. 504; S. v. Bullock, 91 N. C., 614 ; S. v. Greer,

21938–1938
State v. . Maney green
nc · 1927
2 sentences

1938Each right is recognized in the decisions of this Court. (a) In S. v. Johnson, 75 N. C., 174 , Bynum, J., said: “The proposition is true that the wife has the right to fight in the necessary defense of the husband, the child in defense of his parent, the servant in defense of the master, and reciprocally; but the act of the assistant must have the same construction in such eases as the act of the assisted party should have bad if it bad been done by himself, for they are in a mutual relation one to another.” S. v. Brittain, 89 N. C., 482 , at p. 504; S. v. Bullock, 91 N. C., 614 ; S. v. Greer,

1938Each right is recognized in the decisions of this Court. (a) In S. v. Johnson, 75 N. C., 174 , Bynum, J., said: “The proposition is true that the wife has the right to fight in the necessary defense of the husband, the child in defense of his parent, the servant in defense of the master, and reciprocally; but the act of the assistant must have the same construction in such eases as the act of the assisted party should have bad if it bad been done by himself, for they are in a mutual relation one to another.” S. v. Brittain, 89 N. C., 482 , at p. 504; S. v. Bullock, 91 N. C., 614 ; S. v. Greer,

21938–1938
S. v. . Blackwell green
· 1913
2 sentences

1938Each right is recognized in the decisions of this Court. (a) In S. v. Johnson , 75 N.C. 174 , Bynum, J. , said: "The proposition is true that the wife has the right to fight in the necessary defense of the husband, the child in defense of his parent, the servant in defense of the master, and reciprocally; but the act of the assistant must have the same construction in such cases as the act of the assisted party *Page 282 should have had if it had been done by himself, for they are in a mutual relation one to another." S. v. Brittain , 89 N.C. 482 , at p. 504; S. v. Bullock , 91 N.C. 614 ; S. v

1938Each right is recognized in the decisions of this Court. (a) In S. v. Johnson, 75 N. C., 174 , Bynum, J., said: “The proposition is true that the wife has the right to fight in the necessary defense of the husband, the child in defense of his parent, the servant in defense of the master, and reciprocally; but the act of the assistant must have the same construction in such eases as the act of the assisted party should have bad if it bad been done by himself, for they are in a mutual relation one to another.” S. v. Brittain, 89 N. C., 482 , at p. 504; S. v. Bullock, 91 N. C., 614 ; S. v. Greer,

21938–1938
State v. . Dills neutral
nc · 1929
2 sentences

1938In S. v. Dills, 196 N. C., 457 , 146 S. E., 1 , it is stated: “Allen Dills contends that he shot the deceased in self-defense and his wife contended that she was engaged in defending her husband.

1938In S. v. Dills, 196 N. C., 457 , 146 S. E., 1 , it is stated: “Allen Dills contends that he shot the deceased in self-defense and his wife contended that she was engaged in defending her husband.

21938–1938
S. v. . Greer neutral
nc · 1913
2 sentences

1938Each right is recognized in the decisions of this Court. (a) In S. v. Johnson , 75 N.C. 174 , Bynum, J. , said: "The proposition is true that the wife has the right to fight in the necessary defense of the husband, the child in defense of his parent, the servant in defense of the master, and reciprocally; but the act of the assistant must have the same construction in such cases as the act of the assisted party *Page 282 should have had if it had been done by himself, for they are in a mutual relation one to another." S. v. Brittain , 89 N.C. 482 , at p. 504; S. v. Bullock , 91 N.C. 614 ; S. v

1938Each right is recognized in the decisions of this Court. (a) In S. v. Johnson, 75 N. C., 174 , Bynum, J., said: “The proposition is true that the wife has the right to fight in the necessary defense of the husband, the child in defense of his parent, the servant in defense of the master, and reciprocally; but the act of the assistant must have the same construction in such eases as the act of the assisted party should have bad if it bad been done by himself, for they are in a mutual relation one to another.” S. v. Brittain, 89 N. C., 482 , at p. 504; S. v. Bullock, 91 N. C., 614 ; S. v. Greer,

21938–1938
State v. . Bullock neutral
nc · 1884
2 sentences

1938Each right is recognized in the decisions of this Court. (a) In S. v. Johnson , 75 N.C. 174 , Bynum, J. , said: "The proposition is true that the wife has the right to fight in the necessary defense of the husband, the child in defense of his parent, the servant in defense of the master, and reciprocally; but the act of the assistant must have the same construction in such cases as the act of the assisted party *Page 282 should have had if it had been done by himself, for they are in a mutual relation one to another." S. v. Brittain , 89 N.C. 482 , at p. 504; S. v. Bullock , 91 N.C. 614 ; S. v

1938Each right is recognized in the decisions of this Court. (a) In S. v. Johnson, 75 N. C., 174 , Bynum, J., said: “The proposition is true that the wife has the right to fight in the necessary defense of the husband, the child in defense of his parent, the servant in defense of the master, and reciprocally; but the act of the assistant must have the same construction in such eases as the act of the assisted party should have bad if it bad been done by himself, for they are in a mutual relation one to another.” S. v. Brittain, 89 N. C., 482 , at p. 504; S. v. Bullock, 91 N. C., 614 ; S. v. Greer,

21938–1938
Leonard v. Wilkins neutral
nysupct · 1812
2 sentences

1911Barrington v. Sumers, 3 Lev., 28; Leonard v. Wilkins, 9 John., 233 .” In the actual and necessary defense of property, it is not necessary to show that the owner of the dog knew of his vicious propensities, or that there was no other' mode of defending the things assailed.

1911Wilkins, 9 John., 233 ." In the actual and necessary defense of property, it is not necessary to show that the owner of the dog knew of his (634) vicious propensities, or that there was no other mode of defending the things assailed.

21911–1911
Watlington v. Dep't of Soc. Servs. Rockingham Cty. green
ncctapp · 2018
1 sentence

2024DSS purports7 to challenge 39 of 139 findings of fact and 28 of 52 conclusions of law—several of which, in actuality, are findings of fact, see Watlington, 261 N.C.

12024–2024
State v. Gay green
· 1993
1 sentence

2024Notably, the State made no objection to Dr. James’s credibility when withdrawing its consent to the peremptory, nor was her testimony controverted by a single box checked in an extra-record document.14 Instead, by accepting the State’s inapposite objection, the trial court failed to conduct the necessary inquiry and ask whether “all of the evidence[,] . . . if believed, tends to show that [this] mitigating circumstance does exist.” Gay, 334 N.C. at 492 .

12024–2024
State v. Oglesby green
nc · 2007
2 sentences

2018In Oglesby , the Supreme Court did not simply reference "legal authority[,]" but rather narrowed the necessary inquiry into whether the relationship was one "established by legal process[.]" 361 N.C. at 555 -56 , 648 S.E.2d at 822 .

2018In Oglesby , the Supreme Court did not simply reference "legal authority[,]" but rather narrowed the necessary inquiry into whether the relationship was one "established by legal process[.]" 361 N.C. at 555 -56 , 648 S.E.2d at 822 .

12018–2018
United States v. Milton L. McCaskill green
ca4 · 1982
1 sentence

2009As in Hames , the issue before us has not been preserved; however, we hold that the failure of the trial court to give the necessary instruction amounts to plain error since we find that “‘the instructional mistake had a probable impact on the jury’s finding that the defendant was guilty.’ ” Odom, 307 N.C. at 660 , 300 S.E.2d at 378 (quoting McCaskill, 676 F.2d at 1002 ).

12009–2009
State v. Odom green
nc · 1983
2 sentences

2009As in Hames , the issue before us has not been preserved; however, we hold that the failure of the trial court to give the necessary instruction amounts to plain error since we find that “‘the instructional mistake had a probable impact on the jury’s finding that the defendant was guilty.’ ” Odom, 307 N.C. at 660 , 300 S.E.2d at 378 (quoting McCaskill, 676 F.2d at 1002 ).

2009As in Hames , the issue before us has not been preserved; however, we hold that the failure of the trial court to give the necessary instruction amounts to plain error since we find that “‘the instructional mistake had a probable impact on the jury’s finding that the defendant was guilty.’ ” Odom, 307 N.C. at 660 , 300 S.E.2d at 378 (quoting McCaskill, 676 F.2d at 1002 ).

12009–2009
Nelson v. United States green
scotus · 2002
12008–2008
Callarman v. United States green
scotus · 2002
12008–2008
State v. Ward green
ncctapp · 1997
12007–2007
Branti v. Finkel green
scotus · 1980
11998–1998
State v. Pruitt green
nc · 1988
11994–1994
Johnson County National Bank & Trust Co. v. Grainger green
ncctapp · 1979
11990–1990
Sharpe v. Park Newspapers of Lumberton, Inc. green
nc · 1986
11987–1987
Fanelty v. Rogers Jewelers, Inc. green
nc · 1949
11967–1967
State v. Campo neutral
nc · 1950
11960–1960
West v. . Redmond neutral
nc · 1916
11960–1960
Ray Ex Rel. Gudger v. Ray green
nc · 1941
11960–1960
State v. Bowman neutral
nc · 1949
11960–1960
Montgomery v. . Blades green
nc · 1940
11940–1940
Burrell v. . Hughes neutral
nc · 1897
11926–1926
Murphy v. Carolina Electric Co. neutral
nc · 1917
11926–1926
Ward v. . Farmer Southerland green
nc · 1885
11892–1892

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 15A-977 (6) NC § N.C. Gen. Stat. § 20-138.1 (5) NC § N.C. Gen. Stat. § 8C-1 (5) NC § N.C. Gen. Stat. § 15A-979 (4) NC § N.C. Gen. Stat. § 15A-401 (3) NC § N.C. Gen. Stat. § 15A-974 (3) NC § N.C. Gen. Stat. § 20-138.7 (3) NC § N.C. Gen. Stat. § 20-146 (3) NC § N.C. Gen. Stat. § 20-35 (3) NC § N.C. Gen. Stat. § 7A-27 (3) NC § N.C. Gen. Stat. § 7A-30 (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

CA 135 (1894–2026) PA 106 (1893–2026) OH 99 (1982–2026) IL 99 (1909–2025) NY 98 (1857–2026) TX 98 (1874–2025) NC 60 (1884–2026) FL 53 (1881–2026) WA 48 (1902–2026) MI 41 (1883–2023) AR 40 (1948–2026) CT 35 (1938–2022) TN 31 (1905–2025) MD 31 (1923–2023) WV 30 (1912–2026) MO 29 (1906–2025) NJ 26 (1952–2022) DC 26 (1976–2021) AZ 25 (1928–2021) OR 25 (1973–2025) UT 24 (1938–2026) AL 23 (1912–2025) MN 22 (1909–2024) GA 21 (1881–2026) KS 21 (1902–2025) IN 20 (1868–2023) LA 20 (1933–2024) MS 19 (1933–2005) KY 18 (1899–2026) IA 18 (1913–2026) VA 16 (1891–2024) ND 16 (1976–2017) NM 16 (1963–2024) WI 15 (1980–2026) CO 15 (1939–2019) ID 13 (1911–2020) MA 12 (1976–2025) NE 11 (1930–2025) OK 11 (1915–1997) SD 10 (1913–2019) HI 9 (1983–2013) RI 8 (1967–2025) NV 8 (1926–2019) AK 8 (1981–2024) SC 8 (1907–2016) ME 7 (1978–2022) DE 6 (1954–2025) MT 5 (1990–2016) VT 5 (1981–2025) WY 4 (1923–1992) VI 2 (2011–2017)

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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