statutory aggravating factors (North Carolina) · Go Syfert
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statutory aggravating factors in North Carolina

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

Followed or applied (3)

CaseFollowedCited
State v. Danielgreen
nc · 1987 · cited in 1 North Carolina opinions naming this issue, 2025–2025
1 sentence

2025“A finding of this aggravating factor depends on ‘the existence of a relationship between the defendant and victim generally conducive to reliance of one upon the other.’ ” State v. Helms, 373 N.C. 41 , 44 (2019) (quoting State v. Daniel, 319 N.C. 308, 311 (1987)).

11
Fair v. Stategreen
ga · 2008 · cited in 1 North Carolina opinions naming this issue, 2011–2011
2 sentences

2011Similarly, the Supreme Court of Georgia has construed Ga. Code Ann. § 17-10-30 (b)(8), which provides that a defendant may be tried capitally if “[t]he offense of murder was committed *534 against any peace officer, corrections employee, or firefighter while engaged in the performance of his official duties,” as “not requiring knowledge on the part of the defendant that the victim was a peace officer or other designated official engaged in the performance of his duties.” Fair v. State, 284 Ga. 165, 170 , 664 S.E.2d 227, 233 (2008).

2011Similarly, the Supreme Court of Georgia has construed Ga. Code Ann. § 17-10-30 (b)(8), which provides that a defendant may be tried capitally if “[t]he offense of murder was committed *534 against any peace officer, corrections employee, or firefighter while engaged in the performance of his official duties,” as “not requiring knowledge on the part of the defendant that the victim was a peace officer or other designated official engaged in the performance of his duties.” Fair v. State, 284 Ga. 165, 170 , 664 S.E.2d 227, 233 (2008).

11
United States v. Wilsongreen
nyed · 2007 · cited in 1 North Carolina opinions naming this issue, 2011–2011
1 sentence

2011In Unites States v. Wilson, the federal district court held: The statutory aggravating factors enumerated by Congress include that “[t]he defendant committed the offense against... a Federal public servant who is ... a law enforcement officer . .. while he or she is engaged in the performance of his or her official duties,” regardless of whether the defendant knew or believed his victim[] was a law enforcement officer. 493 F. Supp.2d 491, 498 (E.D.N.Y. 2007) (quoting 18 U.S.C. § 3592 (c)(14)(D)).

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 (6)

CaseCitedYears
Desmond v. The News & Observer Publ'g Co. green
ncctapp · 2018
2 sentences

2020Id. at 60–67, 823 S.E.2d at 435–38.

2020Id. at 60–67, 823 S.E.2d at 435–38.

22020–2020
Scarborough v. Dillard's, Inc. green
nc · 2009
2 sentences

2010Scarborough, 363 N.C. at 721-22 , 693 S.E.2d at 644 .

2010Scarborough, 363 N.C. at 721-22 , 693 S.E.2d at 644 .

12010–2010
Blakely v. Washington green
scotus · 2004
2 sentences

2005Defendant subsequently filed a Motion for Appropriate Relief with this Court, seeking either resentencing in the presumptive range or resentencing in compliance with the United States Constitution and Blakely v. Washington, 542 U.S. 296 , 124 S.Ct. 2531 , 159 L.Ed.2d 403 (2004).

2005Defendant subsequently filed a Motion for Appropriate Relief with this Court, seeking either resentencing in the presumptive range or resentencing in compliance with the United States Constitution and Blakely v. Washington, 542 U.S. 296 , 124 S.Ct. 2531 , 159 L.Ed.2d 403 (2004).

12005–2005
In re Davis green
scotus · 1982
1 sentence

1995The trial court ruled that pursuant to this Court’s decision in State v. Brown, 306 N.C. 151 , 293 S.E.2d 569 , cert. *239 denied, 459 U.S. 1080 , 74 L.

11995–1995
Otey v. Nebraska green
scotus · 1982
1 sentence

1995The trial court ruled that pursuant to this Court’s decision in State v. Brown, 306 N.C. 151 , 293 S.E.2d 569 , cert. *239 denied, 459 U.S. 1080 , 74 L.

11995–1995
State v. Brown green
nc · 1982
2 sentences

1995The trial court ruled that pursuant to this Court’s decision in State v. Brown, 306 N.C. 151 , 293 S.E.2d 569 , cert. *239 denied, 459 U.S. 1080 , 74 L.

1995The trial court ruled that pursuant to this Court’s decision in State v. Brown, 306 N.C. 151 , 293 S.E.2d 569 , cert. *239 denied, 459 U.S. 1080 , 74 L.

11995–1995

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 15A-1340.16 (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

IL 36 (1983–2025) MS 29 (1993–2007) NJ 19 (1989–2014) CA 13 (1979–2016) WA 9 (1986–2008) IN 8 (1989–1997) FL 7 (1979–2019) NC 7 (1995–2025) CO 7 (1990–2007) ID 5 (1998–2010) OH 5 (1999–2022) NM 4 (2005–2019) VA 3 (1989–1989) TN 3 (1999–2012) AK 3 (2000–2006) GA 3 (2018–2022) KY 2 (1998–2013) MD 2 (2024–2024) KS 2 (2001–2019) MO 2 (1987–1999) MT 2 (1983–1985) AZ 2 (1993–1994) DE 2 (1992–2016)

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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