withdrawal waiver (North Carolina) · Go Syfert
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withdrawal waiver in North Carolina

7 North Carolina opinions name it 3 courts 1956–2019 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 (6)

CaseFollowedCited
State v. Atkinsongreen
ncctapp · 1981 · cited in 2 North Carolina opinions naming this issue, 2008–2019
2 sentences

2019App. 683, 685 , 277 S.E.2d 464, 465 (1981) (holding that defendant “did not meet his burden of showing sufficient facts entitling him to a withdrawal of the waiver of right to counsel” made on the day of trial where he had previously indicated on multiple occasions that he was waiving his right to counsel). 7 See State v. Blakeney, 245 N.C.

2008On the other hand, the defendant bears the “burden of showing sufficient facts entitling him to a withdrawal of the waiver of right to counsel[.]” State v. Atkinson, 51 N.C.

22
State v. Blakeneygreen
ncctapp · 2016 · cited in 1 North Carolina opinions naming this issue, 2019–2019
2 sentences

2019App. 683, 685 , 277 S.E.2d 464, 465 (1981) (holding that defendant “did not meet his burden of showing sufficient facts entitling him to a withdrawal of the waiver of right to counsel” made on the day of trial where he had previously indicated on multiple occasions that he was waiving his right to counsel). 7 See State v. Blakeney, 245 N.C.

2019App. 452, 463 , 782 S.E.2d 88, 95 (2016) (holding that a trial court should have granted a defendant’s motion to continue in order to hire an attorney, “even if 2 STATE V.

11
Howell v. Howellgreen
nc · 1987 · cited in 1 North Carolina opinions naming this issue, 2017–2017
2 sentences

2017Howell v. Howell, 321 N.C. 87, 91 , 361 S.E.2d 585, 588 (1987) (“The rule empowers the court to set aside or modify a final judgment, order or proceeding whenever such action is necessary to do justice under the circumstances.

2017Howell v. Howell, 321 N.C. 87, 91 , 361 S.E.2d 585, 588 (1987) (“The rule empowers the court to set aside or modify a final judgment, order or proceeding whenever such action is necessary to do justice under the circumstances.

11
State v. Berrygreen
· 2002 · cited in 1 North Carolina opinions naming this issue, 2014–2014
2 sentences

2014The defendant in Berry was indicted for first degree murder and subsequently filed a notice of his intent to pursue a defense of insanity. 356 N.C. at 494, 497 , 573 S.E.2d at 137, 139 .

2014The defendant in Berry was indicted for first degree murder and subsequently filed a notice of his intent to pursue a defense of insanity. 356 N.C. at 494, 497 , 573 S.E.2d at 137, 139 .

11
Gamble v. Stategreen
ga · 1987 · cited in 1 North Carolina opinions naming this issue, 1998–1998
2 sentences

1998Relying on Gamble v. State, 257 Ga. 325, 327 , 357 S.E.2d 792, 795 (1987), defendant argues that in light of the finding of racial discrimination in the strike of Mr. McKinney, the trial court erred in not finding racial discrimination in the strike of Mr. Greene as well.

1998Relying on Gamble v. State, 257 Ga. 325, 327 , 357 S.E.2d 792, 795 (1987), defendant argues that in light of the finding of racial discrimination in the strike of Mr. McKinney, the trial court erred in not finding racial discrimination in the strike of Mr. Greene as well.

11
Cherry v. Commonwealthgreen
va · 1884 · cited in 1 North Carolina opinions naming this issue, 1956–1956
1 sentence

1956See, also, Cherry v. Commonwealth, 78 Va. 375 .

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 (3)

CaseCitedYears
State v. Watts neutral
ncctapp · 1977
1 sentence

1981App. 379 , 219 S.E. 2d 277 (1975); State v. Watts, 32 N.C.

11981–1981
State v. Smith green
ncctapp · 1975
2 sentences

1981Defendant did not meet his burden of showing sufficient facts entitling him to a withdrawal of the waiver of right to counsel, nor did he show good cause for delay, and the court correctly refused to entertain his dilatory tactics further. 1 See State v. Smith, 27 N.C.

1981App. 379 , 219 S.E. 2d 277 (1975); State v. Watts, 32 N.C.

11981–1981
Davis v. Commonwealth neutral
va · 1882
1 sentence

1956“In Davis v. Commonwealth, 75 Va. 944, 946 , this court held that the revocation of a license to sell intoxicating liquors because of an offense for which the licensee had been convicted was not a punishment for the offense, but was simply the withdrawal of the privilege which the State had granted the licensee to carry on a legitimate business.

11956–1956

Where else courts name it

MO 89 (1928–2019) TX 36 (1944–2026) PA 29 (1862–2025) IL 21 (1969–2025) CA 17 (1912–2022) FL 13 (1956–2016) NY 13 (1879–2013) MI 13 (1976–2026) IN 12 (1888–1989) VA 11 (1884–2011) GA 9 (1885–2025) IA 8 (1968–2017) NC 7 (1956–2019) CT 7 (1950–2017) MT 7 (1930–2026) MD 6 (1978–2022) OH 6 (2005–2020) CO 5 (1926–2019) MS 5 (2007–2024) OK 5 (1938–2025) ME 4 (2006–2023) MA 4 (1998–2013) OR 4 (1902–2021) NV 3 (1978–2015) KS 3 (2000–2022) WA 3 (1984–2020) MN 3 (1971–2014) DC 3 (1999–2014) TN 3 (1989–2025) NE 3 (1957–2016) AL 3 (1888–1983) NJ 2 (2012–2017) KY 2 (2001–2021) UT 2 (2006–2006) HI 2 (1961–2003) VT 2 (2005–2018) NH 2 (1985–2020)

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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