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7 North Carolina opinions name it 1 courts 1983–2024 1 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. Gainesgreen2 sentences2024State v. Gaines, 345 N.C. 647, 682 (1997). 2000Because defendant was convicted of first-degree murder based on premeditation and deliberation, and not based on the felony-murder rule, Issue One-A [of the pattern jury instructions] is inapplicable. 345 N.C. at 682, 483 S.E.2d at 417 (where the jury found the defendant guilty of premeditated and deliberate murder either under the theory of acting in concert or by aiding and abetting); see also Lemons, 348 N.C. at 365 , 501 S.E.2d at 327 . | 2 | 2 |
State v. Robinsongreen2 sentences2000State v. Robinson, 342 N.C. 74, 87 , 463 S.E.2d 218, 226 (1995), cert. denied, 517 U.S. 1197 , 134 L. 2000State v. Robinson, 342 N.C. 74, 87 , 463 S.E.2d 218, 226 (1995), cert. denied, 517 U.S. 1197 , 134 L. | 1 | 1 |
State v. Lemonsgreen2 sentences2000Because defendant was convicted of first-degree murder based on premeditation and deliberation, and not based on the felony-murder rule, Issue One-A [of the pattern jury instructions] is inapplicable. 345 N.C. at 682, 483 S.E.2d at 417 (where the jury found the defendant guilty of premeditated and deliberate murder either under the theory of acting in concert or by aiding and abetting); see also Lemons, 348 N.C. at 365 , 501 S.E.2d at 327 . 2000Because defendant was convicted of first-degree murder based on premeditation and deliberation, and not based on the felony-murder rule, Issue One-A [of the pattern jury instructions] is inapplicable. 345 N.C. at 682, 483 S.E.2d at 417 (where the jury found the defendant guilty of premeditated and deliberate murder either under the theory of acting in concert or by aiding and abetting); see also Lemons, 348 N.C. at 365 , 501 S.E.2d at 327 . | 1 | 1 |
Enmund v. Floridagreen2 sentences1987Enmund, 458 U.S. at 788 , 102 S.Ct. at 3372 , 73 L.Ed.2d at 1146 (emphasis added). 1987Enmund, 458 U.S. at 788 , 102 S.Ct. at 3372 , 73 L.Ed.2d at 1146 (emphasis added). | 1 | 1 |
State v. Tisongreen2 sentences1987Cabana v. Bullock, 474 U.S. 376 , ___ 106 S.Ct. 689, 697 , 88 L.Ed.2d 704, 716 (1986) (emphasis added); see also State v. Tison, 142 Ariz. 454 , 690 P.2d 755 (1984), cert. granted, ___ U.S. ___, 106 S.Ct. 1182 , 89 L.Ed.2d 299 (1986). 1987Cabana v. Bullock, 474 U.S. 376 , ___ 106 S.Ct. 689, 697 , 88 L.Ed.2d 704, 716 (1986) (emphasis added); see also State v. Tison, 142 Ariz. 454 , 690 P.2d 755 (1984), cert. granted, ___ U.S. ___, 106 S.Ct. 1182 , 89 L.Ed.2d 299 (1986). | 1 | 1 |
Cabana v. Bullockgreen2 sentences1987Cabana v. Bullock, 474 U.S. 376 , ___ 106 S.Ct. 689, 697 , 88 L.Ed.2d 704, 716 (1986) (emphasis added); see also State v. Tison, 142 Ariz. 454 , 690 P.2d 755 (1984), cert. granted, ___ U.S. ___, 106 S.Ct. 1182 , 89 L.Ed.2d 299 (1986). 1987Cabana v. Bullock, 474 U.S. 376 , ___ 106 S.Ct. 689, 697 , 88 L.Ed.2d 704, 716 (1986) (emphasis added); see also State v. Tison, 142 Ariz. 454 , 690 P.2d 755 (1984), cert. granted, ___ U.S. ___, 106 S.Ct. 1182 , 89 L.Ed.2d 299 (1986). | 1 | 1 |
Tison v. Arizonagreen2 sentences1987Cabana v. Bullock, 474 U.S. 376 , ___ 106 S.Ct. 689, 697 , 88 L.Ed.2d 704, 716 (1986) (emphasis added); see also State v. Tison, 142 Ariz. 454 , 690 P.2d 755 (1984), cert. granted, ___ U.S. ___, 106 S.Ct. 1182 , 89 L.Ed.2d 299 (1986). 1987Cabana v. Bullock, 474 U.S. 376, 386 , 88 L.Ed. 2d 704, 716 (1986) (emphasis added); see also Tison v. Arizona, 142 Ariz. 454 , 690 P. 2d 755 (1984), cert. granted, 475 U.S. 1010 , 89 L.Ed. 2d 299 (1986). | 1 | 1 |
Gray v. Mississippigreen2 sentences1987Cabana v. Bullock, 474 U.S. 376 , ___ 106 S.Ct. 689, 697 , 88 L.Ed.2d 704, 716 (1986) (emphasis added); see also State v. Tison, 142 Ariz. 454 , 690 P.2d 755 (1984), cert. granted, ___ U.S. ___, 106 S.Ct. 1182 , 89 L.Ed.2d 299 (1986). 1987Cabana v. Bullock, 474 U.S. 376, 386 , 88 L.Ed. 2d 704, 716 (1986) (emphasis added); see also Tison v. Arizona, 142 Ariz. 454 , 690 P. 2d 755 (1984), cert. granted, 475 U.S. 1010 , 89 L.Ed. 2d 299 (1986). | 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 |
|---|---|---|
State v. Stokes
green
2 sentences1983We do, however, direct the attention of the bench and the bar to our recent decision in State v. Stokes, 308 N.C. 634 , 304 S.E.2d 184 (1983), discussing this issue and recommending a procedure for complying with the Enmund rule. 5. 1983We do, however, direct the attention of the bench and the bar to our recent decision in State v. Stokes, 308 N.C. 634 , 304 S.E.2d 184 (1983), discussing this issue and recommending a procedure for complying with the Enmund rule. 5. | 2 | 1983–1995 |
Dilworth v. Illinois
green
1 sentence2000State v. Robinson, 342 N.C. 74, 87 , 463 S.E.2d 218, 226 (1995), cert. denied, 517 U.S. 1197 , 134 L. | 1 | 2000–2000 |
State v. Fincher
green
2 sentences1987Defendant relies solely on State v. Fincher, 309 N.C. 1 , 305 S.E.2d 685 (1983). 1987Defendant relies solely on State v. Fincher, 309 N.C. 1 , 305 S.E.2d 685 (1983). | 1 | 1987–1987 |
Roberts v. Louisiana
green
2 sentences1983STRICKLAND ISSUE Defendants contend that the North Carolina capital murder statutory scheme is unconstitutional under Roberts v. Louisiana, 428 U.S. 325 , 96 S.Ct. 3001 , 49 L.Ed.2d 974 (1976); and Furman v. Georgia, 408 U.S. 238 , 92 S.Ct. 2726 , 33 L.Ed.2d 346 (1972), in that it permits subjective discretion and discrimination in imposing the death penalty. 1983STRICKLAND ISSUE Defendants contend that the North Carolina capital murder statutory scheme is unconstitutional under Roberts v. Louisiana, 428 U.S. 325 , 96 S.Ct. 3001 , 49 L.Ed.2d 974 (1976); and Furman v. Georgia, 408 U.S. 238 , 92 S.Ct. 2726 , 33 L.Ed.2d 346 (1972), in that it permits subjective discretion and discrimination in imposing the death penalty. | 1 | 1983–1983 |
Furman v. Georgia
green
2 sentences1983STRICKLAND ISSUE Defendants contend that the North Carolina capital murder statutory scheme is unconstitutional under Roberts v. Louisiana, 428 U.S. 325 , 96 S.Ct. 3001 , 49 L.Ed.2d 974 (1976); and Furman v. Georgia, 408 U.S. 238 , 92 S.Ct. 2726 , 33 L.Ed.2d 346 (1972), in that it permits subjective discretion and discrimination in imposing the death penalty. 1983STRICKLAND ISSUE Defendants contend that the North Carolina capital murder statutory scheme is unconstitutional under Roberts v. Louisiana, 428 U.S. 325 , 96 S.Ct. 3001 , 49 L.Ed.2d 974 (1976); and Furman v. Georgia, 408 U.S. 238 , 92 S.Ct. 2726 , 33 L.Ed.2d 346 (1972), in that it permits subjective discretion and discrimination in imposing the death penalty. | 1 | 1983–1983 |
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.