Gardner test (North Carolina) · Go Syfert
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Gardner test in North Carolina

7 North Carolina opinions name it 2 courts 1986–2010 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
State v. Gardnergreen
nc · 1984 · cited in 1 North Carolina opinions naming this issue, 1987–1987
2 sentences

1987The Court characterized the killings as "part of a violent course of conduct, ... coldblooded, calculated, and senseless." State v. Gardner, 311 N.C. at 514, 319 S.E.2d at 607 .

1987The Court characterized the killings as "part of a violent course of conduct, ... coldblooded, calculated, and senseless." State v. Gardner, 311 N.C. at 514, 319 S.E.2d at 607 .

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 (7)

CaseCitedYears
State v. Gardner green
nc · 1986
2 sentences

2010In the present case, defendant’s argument is based on part one of the Gardner test, which states that a defendant is protected from “a second prosecution for the same offense after acquittal[.]” Gardner, 315 N.C. at 451 , 340 S.E.2d at 707 .

2010In the present case, defendant’s argument is based on part one of the Gardner test, which states that a defendant is protected from “a second prosecution for the same offense after acquittal[.]” Gardner, 315 N.C. at 451 , 340 S.E.2d at 707 .

31986–2010
State v. Freeland green
nc · 1986
2 sentences

1987State v. Freeland, 316 N.C. 13 , 340 S.E. 2d 35 (1986).

1987State v. Freeland, 316 N.C. 13 , 340 S.E. 2d 35 (1986).

21987–1987
State v. Williams green
nc · 1986
2 sentences

2010Defendant relies heavily on State v. Williams, 318 N.C. 624 , 350 S.E.2d 353 (1986), and State v. Bowen, 139 N.C.

2010Defendant relies heavily on State v. Williams, 318 N.C. 624 , 350 S.E.2d 353 (1986), and State v. Bowen, 139 N.C.

12010–2010
State v. Bowen green
ncctapp · 2000
2 sentences

2010Defendant relies heavily on State v. Williams, 318 N.C. 624 , 350 S.E.2d 353 (1986), and State v. Bowen, 139 N.C.

2010Defendant relies heavily on State v. Williams, 318 N.C. 624 , 350 S.E.2d 353 (1986), and State v. Bowen, 139 N.C.

12010–2010
Gardner v. Gardner green
nc · 1978
2 sentences

1986The Gardner Court held that if an action may be denominated a compulsory counterclaim in a prior action, it must be either (1) dismissed with leave to file it in the former case or (2) stayed until the conclusion of the former case. 294 N.C. at 177 , 240 S.E. 2d at 403 .

1986The Gardner Court held that if an action may be denominated a compulsory counterclaim in a prior action, it must be either (1) dismissed with leave to file it in the former case or (2) stayed until the conclusion of the former case. 294 N.C. at 177 , 240 S.E. 2d at 403 .

11986–1986
State v. McGill green
nc · 1979
2 sentences

1986C We believe the case at bar is similar to State v. McGill, 296 N.C. 564 , 251 S.E. 2d 616 (1979).

1986C We believe the case at bar is similar to State v. McGill, 296 N.C. 564 , 251 S.E. 2d 616 (1979).

11986–1986
Atkins v. Nash green
ncctapp · 1983
2 sentences

1986App. 488 , 300 S.E. 2d 880 (1983) (holding that the Gardner analysis is generally applicable in all types of cases).

1986App. 488 , 300 S.E. 2d 880 (1983) (holding that the Gardner analysis is generally applicable in all types of cases).

11986–1986

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 14-72 (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

FL 17 (1980–2016) WA 11 (1938–2016) VT 10 (1983–2016) TX 10 (1978–2015) PA 8 (1973–2024) NC 7 (1986–2010) MS 7 (1988–2026) MI 5 (1989–2018) NY 5 (1991–2022) OH 4 (2005–2023) UT 4 (1994–2019) AL 3 (2001–2004) ME 2 (1986–2013) IL 2 (2009–2019) IN 2 (2005–2013) KS 2 (2019–2020) CA 2 (1947–1979) AR 2 (2015–2022) GA 2 (2003–2020) DC 2 (2016–2023)

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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