7 North Carolina opinions name it 2 courts 1939–1981 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.
| Case | Followed | Cited |
|---|---|---|
State v. Spencegreen2 sentences1981In State v. Spence, 274 N.C. 536, 539 , 164 S.E. 2d 593, 595 (1968), our Supreme Court noted that, according to federal court decisions, the function of a challenge for cause “. . . is not only to eliminate extremes of partiality on both sides but to assure the parties that the jury before whom they try the case will decide on the basis of the evidence placed before them and not otherwise.” The purpose of challenge should be to guarantee “not only freedom from any bias against the accused, but also from any prejudice against his prosecution. 1981In State v. Spence, 274 N.C. 536, 539 , 164 S.E. 2d 593, 595 (1968), our Supreme Court noted that, according to federal court decisions, the function of a challenge for cause “. . . is not only to eliminate extremes of partiality on both sides but to assure the parties that the jury before whom they try the case will decide on the basis of the evidence placed before them and not otherwise.” The purpose of challenge should be to guarantee “not only freedom from any bias against the accused, but also from any prejudice against his prosecution. | 4 | 4 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in North Carolina. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Swain v. Alabama
red
2 sentences1969As the Supreme Court of the United States said in Swain v. Alabama, 380 U.S. 202 , 85 S.Ct. 824 , 13 L.Ed.2d 759 : "The function of the challenge is not only to eliminate extremes of partiality on both sides, but to assure the parties that the jurors before whom they try the case will decide on the basis of the evidence before them, and not otherwise. * * * Although historically the incidence of the prosecutor's challenge has differed from that of the accused, the view in this country has been that the system should guarantee `not only freedom from any bias against the accused, but also from a 1969As the Supreme Court of the United States said in Swain v. Alabama, 380 U.S. 202 , 85 S.Ct. 824 , 13 L.Ed.2d 759 : "The function of the challenge is not only to eliminate extremes of partiality on both sides, but to assure the parties that the jurors before whom they try the case will decide on the basis of the evidence before them, and not otherwise. * * * Although historically the incidence of the prosecutor's challenge has differed from that of the accused, the view in this country has been that the system should guarantee `not only freedom from any bias against the accused, but also from a | 4 | 1968–1974 |
Logan v. United States
green
2 sentences1974Between him and the State the scales are to be evenly held.' Swain v. Alabama, 380 U.S. 202 , 85 S.Ct. 824 , 13 L.Ed.2d 759 ; Turberville v. United States, 112 U.S.App.D.C. 400 , 303 F.2d 411 (cert. den. 370 U.S. 946 , 82 S.Ct. 1596 , 8 L.Ed.2d 813 ); Logan v. United States, 144 U.S. 263 , 12 S.Ct. 617 , 36 L. 1974Between him and the State the scales are to be evenly held.' Swain v. Alabama, 380 U.S. 202 , 85 S.Ct. 824 , 13 L.Ed.2d 759 ; Turberville v. United States, 112 U.S.App.D.C. 400 , 303 F.2d 411 (cert. den. 370 U.S. 946 , 82 S.Ct. 1596 , 8 L.Ed.2d 813 ); Logan v. United States, 144 U.S. 263 , 12 S.Ct. 617 , 36 L. | 3 | 1968–1974 |
Hayes v. Missouri
green
2 sentences1974Between him and the State the scales are to be evenly held.’ Swain v. Alabama, 380 U.S. 202 ; Tuberville v. United States, 303 F. 2d 411 (cert. den. 370 U. S. 946 ) ; Logan v. United States, 144 U.S. 263 ; Hayes v. Missouri, 120 U.S. 68 .” We hold that in a capital case it is proper to inquire into a prospective juror’s views on capital punishment in order to determine his competency to serve in an impartial manner. 1969Between him and the state the scales are to be evenly held.' Hayes v. State of Missouri, 120 U.S. 68, 70 , 7 S. Ct. 350, 351 , 30 L.Ed. 578 ." Following the recital of the voir dire examinations of the above prospective jurors and the rulings of the court sustaining the challenges of the State to them, the record contains the following statement: "There were 50 prospective jurors called to the stand before a jury was seated in this case and every juror called to the stand was asked the similar questions as set out above concerning capital punishment." There is nothing in this statement to show | 3 | 1968–1974 |
Eugene E. Turberville v. United States of America, Bernard T. Williams v. United States of America, James H. Simpson v. United States
green
2 sentences1974Between him and the State the scales are to be evenly held.’ Swain v. Alabama, 380 U.S. 202 ; Tuberville v. United States, 303 F. 2d 411 (cert. den. 370 U. S. 946 ) ; Logan v. United States, 144 U.S. 263 ; Hayes v. Missouri, 120 U.S. 68 .” We hold that in a capital case it is proper to inquire into a prospective juror’s views on capital punishment in order to determine his competency to serve in an impartial manner. 1974Between him and the State the scales are to be evenly held.' Swain v. Alabama, 380 U.S. 202 , 85 S.Ct. 824 , 13 L.Ed.2d 759 ; Turberville v. United States, 112 U.S.App.D.C. 400 , 303 F.2d 411 (cert. den. 370 U.S. 946 , 82 S.Ct. 1596 , 8 L.Ed.2d 813 ); Logan v. United States, 144 U.S. 263 , 12 S.Ct. 617 , 36 L. | 3 | 1968–1974 |
Morrison v. Illinois
green
2 sentences1974Between him and the State the scales are to be evenly held.’ Swain v. Alabama, 380 U.S. 202 ; Tuberville v. United States, 303 F. 2d 411 (cert. den. 370 U. S. 946 ) ; Logan v. United States, 144 U.S. 263 ; Hayes v. Missouri, 120 U.S. 68 .” We hold that in a capital case it is proper to inquire into a prospective juror’s views on capital punishment in order to determine his competency to serve in an impartial manner. 1974Between him and the State the scales are to be evenly held.' Swain v. Alabama, 380 U.S. 202 , 85 S.Ct. 824 , 13 L.Ed.2d 759 ; Turberville v. United States, 112 U.S.App.D.C. 400 , 303 F.2d 411 (cert. den. 370 U.S. 946 , 82 S.Ct. 1596 , 8 L.Ed.2d 813 ); Logan v. United States, 144 U.S. 263 , 12 S.Ct. 617 , 36 L. | 3 | 1968–1974 |
Holly v. . Holly
green
1 sentence1939Consequently, the proper exercise of the court’s function of instruction is indispensable, Nichols v. Fibre Co., supra, except perhaps in cases where the facts are few and simple, and no principle of law is involved, but in cases “where the witnesses are numerous, the evidence complicated and conflicting, and there are different principles of law applicable to the different 'aspects of the case, as presented by the opposing evidence, it is most clearly the duty of the judge to comply with the requirements of the statute.” Holly v. Holly, 94 N. C., 96 . • In the trial of causes, “it is wise to | 1 | 1939–1939 |
State v. Green.
neutral
2 sentences1939Consequently, the proper exercise of the court’s function of instruction is indispensable, Nichols v. Fibre Co., supra, except perhaps in cases where the facts are few and simple, and no principle of law is involved, but in cases “where the witnesses are numerous, the evidence complicated and conflicting, and there are different principles of law applicable to the different 'aspects of the case, as presented by the opposing evidence, it is most clearly the duty of the judge to comply with the requirements of the statute.” Holly v. Holly, 94 N. C., 96 . • In the trial of causes, “it is wise to 1939Consequently, the proper exercise of the court’s function of instruction is indispensable, Nichols v. Fibre Co., supra, except perhaps in cases where the facts are few and simple, and no principle of law is involved, but in cases “where the witnesses are numerous, the evidence complicated and conflicting, and there are different principles of law applicable to the different 'aspects of the case, as presented by the opposing evidence, it is most clearly the duty of the judge to comply with the requirements of the statute.” Holly v. Holly, 94 N. C., 96 . • In the trial of causes, “it is wise to | 1 | 1939–1939 |
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.