conflict of interest violation in North Carolina

7 North Carolina opinions name it 1 courts 1982–2015 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)

Case	Followed	Cited
Cuyler v. Sullivangreen scotus · 1980 · cited in 4 North Carolina opinions naming this issue, 1982–1990 2 sentences 1982In order to establish a conflict of interest violation of the constitutional right to effective assistance of counsel, “a defendant who raised no objection at trial must demonstrate that an actual conflict of interest adversely affected his lawyer’s performance.” Cuyler v. Sullivan, 446 U.S. 335, 348 , 64 L.Ed. 2d 333, 346-47 , 100 S.Ct. 1708, 1718 (1980). 1982In order to establish a conflict of interest violation of the constitutional right to effective assistance of counsel, “a defendant who raised no objection at trial must demonstrate that an actual conflict of interest adversely affected his lawyer’s performance.” Cuyler v. Sullivan, 446 U.S. 335, 348 , 64 L.Ed. 2d 333, 346-47 , 100 S.Ct. 1708, 1718 (1980).	4	4
State v. Choudhrygreen nc · 2011 · cited in 1 North Carolina opinions naming this issue, 2013–2013 2 sentences 2013State v. Choudhry, 365 N.C. 215, 219 , 717 S.E.2d 348, 352 (2011) (stating that “[t]he test to determine whether a defendant is entitled to relief under such circumstances without having to demonstrate prejudice is dependent upon the level of notice given to the trial court and the action taken by that court”) (citing Phillips, 365 N.C. at 118-20 , 711 S.E.2d 122, 135-36 (2011)). 2013State v. Choudhry, 365 N.C. 215, 219 , 717 S.E.2d 348, 352 (2011) (stating that “[t]he test to determine whether a defendant is entitled to relief under such circumstances without having to demonstrate prejudice is dependent upon the level of notice given to the trial court and the action taken by that court”) (citing Phillips, 365 N.C. at 118-20 , 711 S.E.2d 122, 135-36 (2011)).	1	1
State v. Phillipsgreen nc · 2011 · cited in 1 North Carolina opinions naming this issue, 2013–2013 2 sentences 2013State v. Choudhry, 365 N.C. 215, 219 , 717 S.E.2d 348, 352 (2011) (stating that “[t]he test to determine whether a defendant is entitled to relief under such circumstances without having to demonstrate prejudice is dependent upon the level of notice given to the trial court and the action taken by that court”) (citing Phillips, 365 N.C. at 118-20 , 711 S.E.2d 122, 135-36 (2011)). 2013State v. Choudhry, 365 N.C. 215, 219 , 717 S.E.2d 348, 352 (2011) (stating that “[t]he test to determine whether a defendant is entitled to relief under such circumstances without having to demonstrate prejudice is dependent upon the level of notice given to the trial court and the action taken by that court”) (citing Phillips, 365 N.C. at 118-20 , 711 S.E.2d 122, 135-36 (2011)).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in North Carolina. Read the followed side critically anyway.

Also cited on this issue (5)

Case	Cited	Years
State v. Howard green ncctapp · 1982 2 sentences 2015The right to effective assistance of counsel includes the right to representation that is free from conflicts of interest." State v. Bruton, 344 N.C. 381 , 391, 474 S.E.2d 336 , 343 (1996) (citations and quotation marks omitted). "[T]o establish a conflict of interest violation of the constitutional right to effective assistance of counsel, a [juvenile] who raised no objection at trial must demonstrate that an actual conflict of interest adversely affected his lawyer's performance." State v. Howard, 56 N.C.App. 41 , 46, 286 S.E.2d 853 , 857 (1982) (citation and quotation marks omitted). 2015The right to effective assistance of counsel includes the right to representation that is free from conflicts of interest." State v. Bruton, 344 N.C. 381 , 391, 474 S.E.2d 336 , 343 (1996) (citations and quotation marks omitted). "[T]o establish a conflict of interest violation of the constitutional right to effective assistance of counsel, a [juvenile] who raised no objection at trial must demonstrate that an actual conflict of interest adversely affected his lawyer's performance." State v. Howard, 56 N.C.App. 41 , 46, 286 S.E.2d 853 , 857 (1982) (citation and quotation marks omitted).	4	1983–2015
State v. Hawley neutral nc · 1982 2 sentences 1990App. 41, 46 , 286 S.E.2d 853, 857 , disc. rev. denied, 305 N.C. 305 , 290 S.E.2d 706 (1982) (quoting Cuyler v. Sullivan, 446 U.S. 335, 348 (1980)). 1986App. 41, 46 , 286 S.E. 2d 853, 857 , disc. rev. denied, 305 N.C. 305 , 290 S.E. 2d 706 (1982) (quoting Cuyler v. Sullivan, 446 U.S. 335, 348 , 64 L.Ed. 2d 333, 346-47 , 100 S.Ct. 1708, 1718 (1980)).	3	1983–1990
State v. McNeil green nc · 1982 2 sentences 1990App. 41, 46 , 286 S.E.2d 853, 857 , disc. rev. denied, 305 N.C. 305 , 290 S.E.2d 706 (1982) (quoting Cuyler v. Sullivan, 446 U.S. 335, 348 (1980)). 1986App. 41, 46 , 286 S.E. 2d 853, 857 , disc. rev. denied, 305 N.C. 305 , 290 S.E. 2d 706 (1982) (quoting Cuyler v. Sullivan, 446 U.S. 335, 348 , 64 L.Ed. 2d 333, 346-47 , 100 S.Ct. 1708, 1718 (1980)).	3	1983–1990
State v. Gray green ncctapp · 2013 1 sentence 2015App. __, __, 736 S.E.2d 837, 841 , disc. review denied, __ N.C. __, 747 S.E.2d 534 (2013).	1	2015–2015
State v. Bruton green nc · 1996 2 sentences 2015The right to effective assistance of counsel includes the right to representation that is free from conflicts of interest." State v. Bruton, 344 N.C. 381 , 391, 474 S.E.2d 336 , 343 (1996) (citations and quotation marks omitted). "[T]o establish a conflict of interest violation of the constitutional right to effective assistance of counsel, a [juvenile] who raised no objection at trial must demonstrate that an actual conflict of interest adversely affected his lawyer's performance." State v. Howard, 56 N.C.App. 41 , 46, 286 S.E.2d 853 , 857 (1982) (citation and quotation marks omitted). 2015The right to effective assistance of counsel includes the right to representation that is free from conflicts of interest." State v. Bruton, 344 N.C. 381 , 391, 474 S.E.2d 336 , 343 (1996) (citations and quotation marks omitted). "[T]o establish a conflict of interest violation of the constitutional right to effective assistance of counsel, a [juvenile] who raised no objection at trial must demonstrate that an actual conflict of interest adversely affected his lawyer's performance." State v. Howard, 56 N.C.App. 41 , 46, 286 S.E.2d 853 , 857 (1982) (citation and quotation marks omitted).	1	2015–2015

Where else courts name it

PA 51 (1968–2025) CA 47 (1983–2024) IL 31 (1979–2026) CT 16 (1991–2021) IA 15 (1969–2021) FL 15 (1989–2022) GA 13 (1985–2026) LA 12 (1976–2025) MD 9 (1984–2023) NY 9 (1980–2016) AL 9 (1987–2023) OH 8 (1988–2025) TX 8 (1998–2023) KS 8 (1979–2020) IN 8 (2000–2020) CO 8 (2001–2024) NC 7 (1982–2015) UT 7 (1992–2024) OK 7 (1988–2004) AZ 6 (1994–2022) OR 6 (1984–2019) MA 5 (1999–2025) MT 4 (1996–2011) NJ 4 (2015–2021) MI 4 (2002–2015) NV 4 (2016–2018) WI 4 (1996–2019) MN 4 (1987–2017) WA 4 (2001–2017) ID 3 (1994–1999) VT 3 (2010–2019) WY 3 (1991–2019) MS 3 (1998–2004) SD 2 (2014–2023) DC 2 (2000–2011) NE 2 (1998–2004) MO 2 (1991–2018) TN 2 (1957–2024)

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.

← Caselaw search · G Cite Topics · Brief Check