silent record defense (North Carolina) · Go Syfert
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silent record defense in North Carolina

7 North Carolina opinions name it 2 courts 1995–2025 2 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)

CaseFollowedCited
State v. Housegreen
nc · 1995 · cited in 6 North Carolina opinions naming this issue, 2004–2025
2 sentences

2025As in State v. House, we “will not presume from a silent record that defense counsel argued defendant’s guilt without defendant’s consent.” 340 N.C. at 196 , 456 S.E.2d at 297 .

2025As in State v. House, we “will not presume from a silent record that defense counsel argued defendant’s guilt without defendant’s consent.” 340 N.C. at 196 , 456 S.E.2d at 297 .

46
State v. Boydgreen
· 1996 · cited in 2 North Carolina opinions naming this issue, 2020–2020
2 sentences

2020Moreover, we have made clear that the absence of any indication in the record of defendant’s consent to his counsel’s admissions will not—by itself—lead us to “presume defendant’s lack of consent.” State v. Boyd, 343 N.C. 699, 722 , 473 S.E.2d 327, 339 (1996); see State v. House, 340 N.C. 187, 196 , 456 S.E.2d 292, 297 (1995) (“This Court will not presume from a silent record that defense counsel argued defendant’s guilt without defendant’s consent.”).

2020Moreover, we have made clear that the absence of any indication in the record of defendant’s consent to his counsel’s admissions will not—by itself—lead us to “presume defendant’s lack of consent.” State v. Boyd, 343 N.C. 699, 722 , 473 S.E.2d 327, 339 (1996); see State v. House, 340 N.C. 187, 196 , 456 S.E.2d 292, 297 (1995) (“This Court will not presume from a silent record that defense counsel argued defendant’s guilt without defendant’s consent.”).

22
State v. Adamsgreen
nc · 1994 · cited in 1 North Carolina opinions naming this issue, 1995–1995
2 sentences

1995See State v. Adams, 335 N.C. 401, 410 , 439 S.E.2d 760, 764 (1994) (holding that incompleteness in a record precludes a defendant-appellant from showing that an error occurred).

1995See State v. Adams, 335 N.C. 401, 410 , 439 S.E.2d 760, 764 (1994) (holding that incompleteness in a record precludes a defendant-appellant from showing that an error occurred).

11

Distinguished, questioned or overruled (0)

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

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 15A-1415 (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

TX 17 (1985–2022) NC 7 (1995–2025) OH 4 (1999–2008) CA 3 (2013–2025) HI 3 (1981–2025) IL 3 (1975–1979) CT 3 (1977–2016) MD 2 (2019–2019) GA 2 (1991–2020)

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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